N.J. Admin. Code § 7:7-15.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7-15.10 - Commercial facility

(a) Standards relevant to hotels and motels are as follows:

1. Hotels and motels are commercial establishments, known to the public as hotels, motor-hotels, motels, or tourist courts, primarily engaged in providing lodging, or lodging and meals, for the general public. Also included are hotels and motels operated by membership organizations, whether open to the general public or not.

2. New, expanded, or improved hotels and motels are conditionally acceptable provided that the development complies with all location and resource rules and with the rule for high-rise structures and is compatible in scale, site design, and architecture with surrounding development.

3. Hotels, motels or restaurants may be water oriented if they take full advantage of a waterfront location.

4. In special urban areas, new hotel, motel, or restaurant development is acceptable in the filled water's edge and over large rivers on structurally sound pilings, provided it is consistent with rules on filled water's edge (N.J.A.C. 7:7-9.23) and special urban areas (N.J.A.C. 7:7-9.41), and the existing total area of water coverage is not expanded except where it can be demonstrated that extensions are functionally necessary for water dependent uses.

5. All new hotel or motel development, as well as the expanded portion of an existing hotel or motel, located on a non-oceanfront site with existing or proposed shore protection structures, shall be set back at least 15 feet landward from the existing or proposed shore protection structures. Decks attached to the proposed new or expanded existing hotel or motel are not subject to this setback requirement. If there is no alternative to locating the proposed development at least 15 feet landward of the shore protection structure, the Department shall reduce the required setback if an engineering certification is submitted demonstrating that, after the proposed development has been constructed, the shore protection structure can be replaced within 18 inches of the location of the existing or proposed shore protection structure and a conservation restriction that complies with N.J.A.C. 7:7-18 is recorded for the property which states that any reconstruction of a shore protection structure shall be within 18 inches of the existing shore protection structure.

(b) Standards relevant to retail trade and services are as follows:

1. Retail trade and services is a broad category including, but not limited to, establishments selling merchandise for personal and household consumption, such as food stores and clothing stores; offices; service establishments such as banks and insurance agencies; establishments such as restaurants and night clubs; and establishments for participant sports such as bowling alleys and indoor tennis courts.

2. In special urban areas, new or expanded retail trade and service establishments are conditionally acceptable in filled water's edge areas and over large rivers on structurally sound existing pilings as part of mixed use developments, provided that the development is consistent with the rules on filled water's edge (N.J.A.C. 7:7-9.23) and special urban areas (N.J.A.C. 7:7-9.41), and the existing total area of water coverage is not expanded except where it can be demonstrated that extensions are functionally necessary for water dependent uses.

3. Elsewhere in the coastal zone, new or expanded retail trade and service establishments are conditionally acceptable provided that the development:

i. Complies with all applicable location and resource rules;

ii. Is compatible in scale, site design, and architecture with surrounding development; and

iii. Where appropriate, utilizes the water area as the central focus of the development.

4. All new retail trade and service establishments, as well as expanded portions of existing retail trade and service establishments located on a non-oceanfront site with existing or proposed shore protection structures, shall be set back at least 15 feet landward from the existing or proposed shore protection structures. Decks attached to the proposed new or expanded existing retail trade and service establishments are not subject to this setback requirement. If there is no alternative to locating the proposed development at least 15 feet landward of the shore protection structure, the Department shall reduce the required setback if an engineering certification is submitted demonstrating that, after the proposed development has been constructed, the shore protection structure can be replaced within 18 inches of the location of the existing or proposed shore protection structure and a conservation restriction that complies with N.J.A.C. 7:7-18 is recorded for the property which states that any reconstruction of a shore protection structure shall be within 18 inches of the existing shore protection structure.

(c) Standards relevant to convention centers and arenas are as follows:

1. "Convention centers" are facilities designed primarily for holding conventions. "Arenas" are commercial facilities designed primarily for spectator sporting events. Arenas do not include indoor tennis courts, bowling alleys and other facilities primarily designed for participant sports, nor arenas affiliated with schools and colleges.

2. New convention centers and arenas are encouraged in special urban areas, and conditionally acceptable in Development regions, provided that the development is compatible in scale, site design, and architecture with surrounding development, and is accessible by public transportation. New convention centers and arenas are discouraged in Barrier Island, Extension and Limited Growth regions.

3. All new convention centers or arenas, as well as expanded portion of an existing convention center or arena, located on a non-oceanfront site with existing or proposed shore protection structures, shall be set back at least 15 feet from such shore protection structures. Decks attached to the proposed new or expanded convention centers or arenas are not subject to this setback requirement. If there is no alternative to locating the proposed development at least 15 feet landward of the shore protection structure, the Department shall reduce the required setback if an engineering certification is submitted demonstrating that, after the proposed development has been constructed, the shore protection structure can be replaced within 18 inches of the existing shore protection structure and a conservation restriction that complies with N.J.A.C. 7:7-18 is recorded for the property which states that any reconstruction of a shore protection structure shall be within 18 inches of the existing shore protection structure.

(d) Rationale: Hotels and motels, retail trade and service establishments, and convention centers and arenas are commercial facilities. The economic benefits of these different types of commercial facilities should be balanced with the potential environmental impacts posed by new or expanded commercial facilities.

Hotels and motels enable New Jersey residents and tourists to visit the coast. They support the tourist economy of the area. The buildings must be located, however, so they do not harm or threaten the resources that attract people to the coast.

Retail and services development in the urban waterfront area is consistent with the State's economic development policy to target loans and bond assistance for commercial and retail establishment to urban areas.

Convention centers and arenas would provide social and cultural benefit to residents and visitors to the waterfront areas. They would also support the economy of the area. However, they can also generate traffic and induce additional development. They must, therefore, be located so that such impacts can be easily absorbed.

While commercial development, including hotels and motels, retail trade and service establishments, and convention centers and arenas, serves an important function in coastal areas, all forms of commercial development must be located so that it does not harm or threaten the resources which attract people to the coast.

N.J. Admin. Code § 7:7-15.10

Renumbered from 7:7E-7.10 by 47 N.J.R. 1392(a), effective 7/6/2015

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