(a) Resort/recreation uses include the wide range of small and large developments attracted to and often dependent upon locations along the coast. These uses include hotels, motels, marinas, boating facilities, campgrounds, amusement piers, parks and recreational structures such as bathhouses, natural areas, open space for active and passive recreation, and linear paths for bicycling and jogging.
(b) Standards relevant to recreation priority are as follows:
1. Each waterfront municipality should contain at least one waterfront park on each body of water within the municipality. Municipalities that do not currently provide, or have active plans to provide, access to the water will not be eligible for Green Acres or Shore Protection Bond Funding.
2. Resort/recreation uses and commercial fisheries uses shall have priority over all other uses in Monmouth, Ocean, Atlantic, and Cape May counties with highest priority reserved for those uses that serve a greater rather than a lesser number of people, and those uses that provide facilities for people of all ages and for people with physical handicaps.
3. Rationale: The national and state interests in recreation are clearly indicated in the coastal economy and are essential for the quality of life. The coastal environmental provides numerous opportunities for recreation which should be expanded by public policy and action, including priority setting.
(c) Standards relevant to recreation areas within developments are as follows:
1. "Recreation areas" include a variety of types and sizes of open space adequate to accommodate appropriate recreational activities or facilities.
2. Appropriate recreation areas shall be incorporated in the design of all residential, industrial and commercial development to the maximum extent practicable, as necessary to ensure that needed on-site recreation opportunities will not be precluded by a lack of suitable open space. The "maximum extent practicable" will be determined based on guidelines of the Green Acres Program (13:8A-1 et seq.) which consider the recreation resource supply and demand, the natural characteristics of the site, and the ability to identify a public agency or other organization willing to manage, maintain and develop the open space as a recreational resource. What is necessary will be determined by consideration of recreation resource supply and demand and municipal and county open space and recreation master plans.
3. Rationale: See the OAL Note at the beginning of this subchapter.
(d) Standards relevant to marinas are as follows:
1. Marina means any dock, pier, bulkhead, mooring or similar structure or a collection of adjacent structures under singular or related ownership providing permanent or semi-permanent dockage to five or more vessels.
2. New marinas or expansion or renovation (including, but not limited to, dredging, bulkhead construction and reconstruction, and relocation of docks) of existing marinas for recreational boating are conditionally acceptable if:
i. The marina posts prominent signs indicating discharges shall not be allowed within the basin and provides restrooms and marine septic disposal facilities for wastewater disposal from boats. For marinas with dockage for 25 or more vessels or any on vessel with live-aboard arrangement, adequate and conveniently located pumpout facilities shall be provided.
ii. Restrooms and at least one portable toilet emptying receptacle shall be provided at a marina. The portable toilet emptying receptacle requirement may be satisfied either by the installation of a receptacle device or by the designation of either a pumpout facility or restroom facility for this use; and
(1) Discharge to a municipal or regional treatment plant where practicable;
(2) Discharge to a subsurface sewerage disposal system constructed in accordance with N.J.A.C. 7:9-2 and
7:7-16.14; or
(3) Discharge to a holding tank with waste being removed by a licensed septage hauler. A marina employing this method shall maintain a record of waste removal; and
iii. New marina facilities and expansions and renovation of existing marinas shall provide public access in accordance with the lands and waters subject to public trust rights rule,
7:7-9.48, and public access rule,
7:7-16.9.
3. New marinas or boat launching facilities that provide primarily for sail, oar or rental boating are encouraged.
4. Expansions of existing marinas shall be encouraged by limiting non-water dependent land uses that preclude support facilities for boating.
5. Publicly funded marinas shall be designed to be part of multiple use parks, to the maximum extent practicable.
6. Recreational boating facilities are acceptable provided that they are designed and located in order to cause minimum feasible interference with the commercial boating industry.
7. Except for the marinas satisfying the requirements specified at
7:7-9.2, the construction of new marinas within areas designated by the Department as shellfish habitat is prohibited. Expansions of existing marinas within shellfish habitat areas shall comply with the standards of the shellfish habitat rule,
7:7-9.2 and submerged vegetation rule,
7:7-9.6.
8. The construction of a restaurant at a new or existing marina facility is acceptable provided:
i. The marina facility supports 25 or more dockage units consisting of either dry dock storage or wet slips;
ii. In the case of an existing marina facility, the existing upland marina support facilities (including boat rack systems and marina support buildings providing services such as showrooms, maintenance and repair, marine supplies, bait and tackle sales, boat sales, and the dock master's office buildings) shall be preserved to the maximum extent practicable such that the marina use on the site is not compromised. The existing wet slips servicing the marina shall not be reduced in number except as may be necessary to reconfigure the wet slips to accommodate different size vessels;
iii. In the case of a new marina facility, the facility includes the development of an appropriate mix of dry storage and berthing areas, and marina support facilities providing services such as showrooms, maintenance and repair, marine supplies, bait and tackle sales, boat sales, and the dock master's office;
iv. The restaurant is located landward of the mean high water line;
v. The restaurant shall be set back a minimum of 15 feet from a shore protection structure and 25 feet from the mean high water line where no shore protection structure is present;
vi. The marina facility provides onsite pumpout facilities and restrooms for marina and restaurant patrons; and
vii. Public access shall be provided in accordance with the public trust rights rule,
7:7-9.48, and public access rule,
7:7-16.9.
9. In addition to complying with all other applicable portions of these rules, all new, expanded, and renovated boat mooring facilities with five or more slips which are located on any portion of the Navesink River, Shrewsbury River, or Manasquan River (upstream of the Route 35 Bridge) or the St. George's Thorofare shall meet the conditions in (d)9i through iii below. Renovation shall include complete or partial alteration of any portion of a structure, including construction, reconstruction of or relocation of existing docks, piers, moorings, and bulkheads, and dredging. The conditions are:
i. A pumpout facility shall be constructed and maintained at those facilities at which boats over 24 feet in length or those with on-board septic facilities (heads) shall be docked. All other facilities shall construct and maintain on site marine septic disposal facilities;
ii. Bulkhead sheathing and planking, and dock planking, shall be of a nonpolluting material. Pilings are not subject to this requirement. In addition, this requirement does not apply to any construction upland of the mean high water line; and
iii. The applicant and/or property owner shall finance monthly sampling and testing of fecal coliform levels per milliliter of water at five locations selected by the Department in the water in which the project is located. Testing shall be performed by a State-certified laboratory and shall be conducted beginning in the first month following the mooring of vessels and monthly thereafter for two full seasons of operation (that is, May 1 through October 31). The monitoring shall occur on the day of the month selected by the Department and no advance notice of the sampling day shall be given to the property owner. Results of the monitoring shall be provided to the Department and the property owner in writing by the laboratory within 10 calendar days after the date of sampling.
(1) The State-certified laboratory shall determine the pre-construction median level of fecal coliform in the water at each of the Department selected test sites at the applicant's expense, and advise the Department and the applicant in writing of these results within 10 calender days after the date of sampling. If any post-construction test at any single site yields fecal coliform levels which exceed the pre-construction reading at that site by 100 percent, the property owner shall allow Department personnel access to the property during daylight hours to assess whether the operation of the project is causing or contributing to the elevated reading.
(2) In the event the Department determines in writing that the elevated readings of fecal coliform are caused, in whole or in part, by the operation of the project, the property owner shall, as a condition of the permit, cease such uses and practices as described in writing by the Department and shall implement such practices as determined by the Department in writing to be minimally necessary to reduce the levels of fecal coliform emanating from the project.
(3) In the event the Department determines that the laboratory has twice or more failed to sample in the correct location, failed to comply with commonly accepted sampling techniques and laboratory methods or has divulged the date of sampling to the applicant and/or property-owner in advance of sampling, the property owner shall immediately discontinue use of such laboratory upon receipt of written notice to this effect from the Department and shall arrange for all future sampling to be conducted by another State-certified laboratory. For every month in which sampling does not occur as a result of a change in laboratory, an extra month of sampling shall be required from the property owner during the next season of operation.
(4) If the property owner fails to arrange for water sampling as required herein without first securing the express written permission of the Department to omit sampling for that month, the property owner shall be in violation of the terms of the permit issued under these rules and the Department shall notify the property owner in writing of its intention to revoke the permit and prohibit use of the project pending final revocation of the permit in accordance with
7:7-27.8.
10. Rationale: Marinas are located on land at the water's edge which exists only in limited supply and which, in its natural state, is indispensable to many land and water-related activities. The rules are intended to ensure that the area devoted to marinas is efficiently utilized to keep the size of the area required to a minimum to maintain the environmental integrity of the water and water's edge areas and to preserve the scenic and natural characteristics of the area. Facilities for sail and oar boating are encouraged because such boats consume less energy, are less disturbing to wildlife and pollute less than motor boats. Facilities offering rental boats and rental slips are encouraged because they reduce the need for construction of additional mooring facilities, serve a greater number of people, and afford the casual boater access to water-related recreation. Marina development which is permissible under these rules is encouraged to take place on filled water's edge lands because they are of low environmental sensitivity.
As a water-dependent use, marinas are an essential component of the State's waterfront communities, providing necessary infrastructure and services to the boating public. However, over the last several years the State has seen a decrease in the money spent on recreational boating as well as a decrease in the number of boat registrations. This in turn has resulted in a loss of jobs, revenue, and services at marina facilities, as well as the conversion of some marinas to non-water dependent uses. To preserve existing marinas and the services they provide, while minimizing their impacts to coastal resources, the expansion of existing marinas or construction of new marinas in limited situations in shellfish habitat is conditionally acceptable.
New Jersey's waterfront communities are diverse, active lands, where people come to enjoy being in close proximity to the water and where the economy thrives. Restaurants located along tidal waterways allow the public to enjoy this resource and provide the community with an economic benefit. Allowing for the construction of a restaurant at a new or existing marina facility that provides dockage for 25 or more dockage units consisting of either dry dock storage or wet slips will expand the public's opportunity for both visual and physical access and will provide marina facilities with a year-round use making them more economically viable, while assuring that marina functions continue to be provided.
The Navesink River, Shrewsbury River, and Manasquan River (upstream of the Route 35 Bridge), and St. George's Thorofare are particularly important shellfish habitats. The Navesink and Shrewsbury Rivers are unique in that they are the only two estuaries within the State which have soft clams in commercially viable densities. St. Georges Thorofare contains high densities of hard clams according to the 1985 Shellfish inventory conducted by the Division of Fish, Game and Wildlife, containing approximately 6.2 million hard clams in a 107-acre area. The high abundance of hard clams, together with the fact that this water body is poorly flushed, makes St. George's Thorofare critical to the shellfish industry and extremely sensitive to any potential pollution producing activity.
Federal, State, and local officials have recognized the importance of these rivers as shellfish habitat and the need to protect their water quality. As a result, pollution control programs such as the Navesink River Shellfish Protection Program have been implemented to protect and enhance water quality. On August 21, 1986, a Memorandum of Understanding was signed by the New Jersey Department of Environmental Protection and Energy, the New Jersey Department of Agriculture and the United States Department of Agriculture and the, USEPA. The memorandum serves to "...formalize our commitment to the Navesink River Water Control Shellfish Protection Program, its primary goal of improving water quality in the Navesink River watershed to a point at which the river's full shellfishery and recreational potential may be attained." Water quality monitoring during 6 years of implementation of pollution controls on the Navesink from 1987-1993 have shown significant reductions in bacterial contamination of the Navesink River, to the point where the potential now exists for upgrading the shellfish classification of the river from "special restricted" to "seasonally approved."
The Shrewsbury River has been included in the "Navesink River Shellfish Protection Program" since it is hydrologically connected to the Navesink River and is one of only two estuaries in New Jersey with commercially viable densities of soft clams. Concern over deterioration of the water quality in the Manasquan River and its effects upon shellfish compelled Monmouth and Ocean Counties, together with the Department, to form the "Monmouth/Ocean Alliance to Enhance the Manasquan River." This Alliance seeks to identify causes of shellfish water degradation and plan uses which would protect and enhance water quality in the Manasquan by requiring water quality monitoring at project sites located on the above listed waterways. The Department is honoring its commitment to maintain and eventually upgrade the water quality of these rivers. Monitoring affords the Department the opportunity for early intervention and thorough investigations should the water quality be adversely affected by the operation of projects permitted under this rule.
(e) Standards relevant to amusement piers, parks, and boardwalks are as follows:
1. New amusement piers are prohibited, except in areas with privately held riparian grants, where they are discouraged. Expanded or extended amusement piers, parks, and boardwalks at the water's edge or in the water, and the on-site improvement or repair of existing amusement piers, parks, and boardwalk areas are discouraged unless the proposed development meets the following conditions:
i. The amusement pier, park, or boardwalk does not reasonably conflict with aesthetic values, ocean views, or other beach uses and wildlife functions;
ii. The proposed pier expansion will not eliminate or affect the existing direct public access to the beach, unless another access point is provided immediately adjacent to the expanded pier, for each access point eliminated;
iii. The surrounding community can adequately handle the activity and uses to be generated by the proposed development;
iv. The pier expansion is constructed on pilings at the same elevation as the existing pier;
v. The pier expansion includes a provision for public seating and viewing at the terminal end of the expansion; and
vi. Public access shall be provided in accordance with the lands and waters subject to public trust rights rule,
7:7-9.48;
2. The expansion of a pier qualifying for general permit 1 for amusement pier expansion,
7:7-6.1 is acceptable.
(f) Rationale: The national and State interests in recreation are clearly indicated in the coastal economy and are essential for the quality of life. The coastal environment provides numerous opportunities for recreation which should be expanded by public policy and action, including priority setting.
Recreation is increasingly being considered vital to a person's mental and physical well-being. The 2013-2017 New Jersey Statewide Comprehensive Outdoor Recreation Plan (SCORP), published September 2014, recognizes the success of State and Federal agencies, local governments, and nonprofit conservation organizations in preserving open space in the State. As of July 1, 2013, there were 1,323,374 acres of land Statewide being used for public conservation and recreation purposes. However, the SCORP also recognizes the increasing population and urbanization of New Jersey, and anticipates the State's population to exceed nine million people by 2020. The continually increasing population will create further demand for recreational opportunities.
Development, especially residential development, increases the local demand for close to home recreation opportunities yet consumes open space necessary for such opportunities. In the absence of adequate existing or planned recreation resources, suitable on-site open space needs to be incorporated in the design and development to assure that sufficient opportunities will be available to the future residents or workforce, as addressed by the standards for recreational areas within developments in this rule.
Water-dependent recreation, such as boating, is an integral part of New Jersey's economy and culture. Marinas are located on land at the water's edge, which exists only in limited supply and which, in its natural state, is indispensable to many land and water-related activities. The rules are intended to ensure that the area devoted to marinas is efficiently utilized to keep the size of the area required to a minimum to maintain the environmental integrity of the water and water's edge areas and to preserve the scenic and natural characteristics of the area. Facilities for sail and oar boating are encouraged because such boats consume less energy, are less disturbing to wildlife, and pollute less than motor boats. Facilities offering rental boats and rental slips are encouraged because they reduce the need for construction of additional mooring facilities, serve a greater number of people, and afford the casual boater access to water-related recreation. Marina development that is permissible under these rules is encouraged to take place on filled water's edge lands because they are of low environmental sensitivity.
As a water-dependent use, marinas are an essential component of the State's waterfront communities, providing necessary infrastructure and services to the boating public. However, over the last several years the State has seen a decrease in the money spent on recreational boating, as well as a decrease in the number of boat registrations. This in turn has resulted in a loss of jobs, revenue, and services at marina facilities, as well as the conversion of some marinas to non-water dependent uses. To preserve existing marinas and the services they provide, while minimizing their impacts to coastal resources, the expansion of existing marinas or construction of new marinas in limited situations in shellfish habitat is conditionally acceptable. Specific requirements apply to boat mooring facilities of with five or more slips in the Navesink River, Shrewsbury River, or Manasquan River (upstream of the Route 35 Bridge) or the St. George's Thorofare in recognition of importance of these waters to shellfish populations. For more information, see N.J.A.C. 7:7-9.2(m).
New Jersey's waterfront communities are diverse, active lands, where people come to enjoy being in close proximity to the water and where the economy thrives. Restaurants located along tidal waterways allow the public to enjoy this resource and provide the community with an economic benefit. Allowing for the construction of a restaurant at a new or existing marina facility that provides dockage for 25 or more dockage units consisting of either dry dock storage or wet slips will expand the public's opportunity for both visual and physical access and will provide marina facilities with a year-round use making them more economically viable, while assuring that marina functions continue to be provided.
Amusement piers, amusement parks, and boardwalks form an essential element of the resort and recreational character of some of the communities fronting on the Atlantic Ocean. The carnival atmosphere of these areas provides fun and excitement annually for hundreds of thousands of people. However, new piers for amusement purposes are an inappropriate use of scarce coastal resources, due to the natural hazard of the desired ocean location and the importance of maintaining the visual quality of the oceanfront. Also, amusement parks are not a water dependent use; these facilities may be located inland on less sensitive land and water features.
