N.J. Admin. Code § 7:7-16.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-16.10 - Scenic resources and design

(a) Scenic resources include the views of the natural and/or built landscape.

(b) Large-scale elements of building and site design are defined as the elements that compose the developed landscape such as size, geometry, massing, height and bulk structures.

(c) New coastal development that is visually compatible with its surroundings in terms of building and site design, and enhances scenic resources is encouraged. New coastal development that is not visually compatible with existing scenic resources in terms of large-scale elements of building and site design is discouraged.

(d) In all areas, except the Northern Waterfront Region, the Delaware River Region and Atlantic City, new coastal development adjacent to a bay or ocean or bayfront or oceanfront, beach, dune or boardwalk and higher than 15 feet in height measured from the existing grade of the site or boardwalk shall comply with the following, unless it meets the requirements at (e) or (f) below:

1. Provide an open view corridor perpendicular to the water's edge in the amount of 30 percent of the frontage along the waterfront where an open view currently exists; and

2. Be separated from either the beach, dune, boardwalk, or waterfront, whichever is further inland, by a distance of equal to two times the height of the structure, except for the following:

i. Infill sites within existing commercial areas along a public boardwalk where the proposed use is commercial and where the set-back requirement is visually incompatible with the existing character of the area; and

ii. Wind turbines.

(e) Coastal development that modifies a historic structure on or eligible for inclusion on the New Jersey or National Register of Historic Places, is adjacent to a bay, ocean, bayfront or oceanfront, beach, dune, or boardwalk, and is higher than 15 feet in height measured from the existing grade of the site or boardwalk need not comply with (d) above provided the development meets the requirements at (e)1 and 2 below. This exception does not apply to new development proposed to be located outside of the historic structure's footprint of development.

1. The development preserves the historic structure; and

2. The development will not detract from, damage, or destroy the value of the historic structure.

(f) Federal, State, county, or municipal development projects which are located adjacent to a bay or ocean or bayfront or oceanfront, beach, dune, or boardwalk, and are greater than 15 feet in height measured from the existing grade of the site or boardwalk need not comply with the setback requirements in (d)2 above provided that the development contains design elements that enhance physical or visual public access to the waterfront beyond that which would be afforded by strict compliance with (d)2 above and the development, as proposed, would remain in compliance with 7:7-9.48.

(g) Rationale: A project which is of a scale and location that has significant effect on the scenic resources of a region is considered to have a regional impact and to be of State concern. This rule, applies only to developments which by their singular or collective size, location and design could have a significant adverse effect on the scenic resources of the coastal zone. Restoration of areas of low scenic quality, such as abandoned port facilities and blighted urban areas, through large-scale new construction and design that is compatible with the surrounding region, is also encouraged by this rule. Specific issues of concern include those addressed by the rules on Historic and Archaeological Resources, High Rise Structure, Public Access, and Buffers and Compatibility of Uses.

N.J. Admin. Code § 7:7-16.10

Renumbered from 7:7E-8.12 by 47 N.J.R. 1392(a), effective 7/6/2015