N.J. Admin. Code § 7:7-13.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:7-13.8 - Determining the development potential of a site in the upland waterfront development area

(a) Development potential is determined by the type of development proposed and the presence or absence of certain development-oriented elements at or near the site of the proposed development, including roads; wastewater conveyance, treatment and disposal system; and existing development. Development potential may be high, medium or low, as determined under 7:7-13.9 through 13.11. A single development potential applies to an entire site.

(b) If a development proposed on a site is inconsistent with the applicable Areawide Water Quality Management Plan adopted under N.J.A.C. 7:15, the development potential cannot be determined for the site. Any development that is inconsistent with the applicable Areawide Water Quality Management Plan is prohibited under 7:7-16.3(b).

(c) The types of development are:

1. Residential or minor commercial development, which includes housing, hotels, motels, minor commercial facilities of a neighborhood or community scale with 700 or fewer parking spaces and less than 100,000 square feet of enclosed building area, and mixed use developments that are predominantly residential. For the purposes of this section and 7:7-13.9, residential or minor commercial development also includes libraries, daycare centers, municipal or other government administrative, public works, or emergency service buildings, and churches, synagogues, or other houses of worship;

2. Major commercial or industrial development, which includes all industrial development, warehouses, offices, manufacturing plants, energy facilities, wholesale and major shopping centers with more than 100,000 square feet of enclosed building area, and major parking facilities with more than 700 parking spaces. For the purposes of this section and 7:7-13.10, major commercial or industrial development also includes solid waste facilities and wastewater treatment plants; and

3. Campground development, which provides facilities for visitors to enjoy the natural resources of the State. Typically, this type of development is suited to sites somewhat isolated from other development and with access to water, beach, forest and other natural amenities.

(d) The development potential for a site shall be determined as follows:

1. If a proposed development is a residential or minor commercial development as described at (c)1 above, the development potential for the site is determined under 7:7-13.9;

2. If a proposed development is a major commercial or industrial development as described at (c)2 above, the development potential for the site is determined under 7:7-13.10; and

3. If a proposed development is a campground development as described at (c)3 above, the development potential for the site is determined under 7:7-13.11.

(e) If a proposed development is not a residential development, a minor commercial development, a major commercial development, an industrial development, or a campground development, the development potential for the site shall be that for the most similar type of development described at (c) above.

(f) Rationale: The development potential of a site is a ranking that reflects whether there is infrastructure necessary to support a development, and whether there is other development nearby. The Department intends to steer development to areas with existing development-oriented elements to support that development, including roads for access and wastewater treatment and disposal, and areas with existing development. Siting development near existing development and infrastructure is more efficient and results in decreased impacts to the environment as compared to locating development in such a way that new development-oriented elements need to be constructed to access or use the development. If a development is proposed that is inconsistent with the applicable Areawide Water Quality Management Plan, adopted in accordance with N.J.A.C. 7:15, it is prohibited and the site will not be assigned a development potential.

Sites have different development potentials depending upon the type of development proposed. Areas suitable for campgrounds, for example, are more isolated from existing development and provide access to water, beaches, forests, or other natural features. Such an area would not likely be suitable for a major commercial or industrial development, which would be more suited towards an area in proximity to existing development and separated from beaches, forests, and other natural areas.

N.J. Admin. Code § 7:7-13.8

Renumbered from 7:7E-5A.4 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018