N.J. Admin. Code § 7:7-6.22

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

Section 7:7-6.22 - General permit 22 - construction of certain structures related to the tourism industry at hotels and motels, commercial developments, and multi-family residential developments over 75 units

(a) This general permit authorizes the construction of structures such as equipment storage containers and sheds, stage platforms, bleachers, portable restrooms, food concession stands, gazebos, lockers, canopied shelters, and wooden walkways, related to the tourism industry, at hotels and motels, commercial developments, and multi-family residential developments over 75 units provided that:

1. Except as provided in (a)1i below, the structure remains in place only from May 1 through October 31;

i. Underground utilities, floor decking, open drink and food concession stand shells, and stage shells may remain in place on a year-round basis;

2. All structures authorized by this general permit that are located on a beach, except underground utilities, shall be immediately removed from the beach and relocated to a secure place at any time that the National Weather Service issues a Severe Weather Alert for the municipality in which the development is located, for significant weather events, such as Coastal Flood Warning, Extreme Wind Warning, Hurricane Warning, Tornado Warning or Tropical Storm Warning, that would directly affect structures left on the beach, until the Severe Weather Alert is lifted.

3. The structure is not located on a dune, coastal bluff, or in a wetland;

4. Placement of the structure does not include the excavation, grading or filling of a beach;

5. The structure shall have no adverse impact on special areas defined at N.J.A.C. 7:7-9;

6. The structure is located a minimum of 50 feet landward of the mean high water line, except on beaches where the development is located on the most landward portion of the beach. Development on beaches shall additionally be subject to the following:

i. The development shall occupy a maximum of 33 percent of the total width of the beach berm area within the limits of the project and is limited to the most landward one-third of the useable beach berm area; and

ii. The total area of beach coverage, including all structures and support facilities, shall not exceed one acre. However, the Department reserves the right to limit the coverage to a greater extent due to prevailing beach conditions, public access and safety concerns;

7. The structure is located a minimum of 50 feet from any wetlands;

8. If the structure is proposed on a beach, the structure does not unreasonably conflict with ocean views or other beach uses;

9. If the structure is proposed on a beach, the beach is open to the public;

10. Public access shall be provided in accordance with the lands and waters subject to public trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, N.J.A.C. 7:7-16.9; and

11. Where the structure(s) is located on a beach, for each year of the duration of the permit, the permittee shall submit on or before April 1st to the Department for its review and approval one copy of a revised site plan, dated no more than 30 days prior to the submittal, including supplemental documents as appropriate, showing:

i. The location of the beach berm area; and

ii. Compliance with (a)2 through 9 above. Based on review of this information, the Department may approve the structure(s) as proposed or require modifications to the footprint or design of the structures to comply with these standards.

(b) Seasonal and temporary structures related to the tourism industry at public developments are not regulated as public development under CAFRA pursuant to N.J.A.C. 7:7-1.5 and 2.2(b)2viii.

N.J. Admin. Code § 7:7-6.22

Renumbered from 7:7-7.26 by 47 N.J.R. 1392(a), effective 7/6/2015

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