STATE OF NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND USE REGULATION PROGRAM
PRELIMINARY ANALYSIS-SEPTEMBER 25, 2003
The Coastal Area Facility Review Act (N.J.S.A. 13:19-1 et seq.) requires that a Permit be obtained from the Department prior to undertaking certain development activities in the CAFRA area. The CAFRA application which is the subject of tonight’s hearing, was submitted by Asbury Partners, LLC and the City of Asbury Park and entails the construction of 3,164 dwelling units, approximately 450,000 square feet of commercial space, utilities, infrastructure improvements and landscaping.
Prior to submission of a formal CAFRA permit application, the Department conducted a number of pre-application meetings with the applicant to discuss the proposed development and regulatory requirements associated with the project. Representatives of the Department of Community Affairs also participated in these meetings to ensure that the full scope of the project and potential impacts were discussed. These pre-application meetings also included field inspections of the proposed redevelopment area to identify specific issues of concern to the Department.
On May 13, 2003, the applicant’s agent, Schoor Depalma, (agent), submitted a CAFRA permit application to the Land Use Regulation Program (LURP). In support of the application was the required Environmental Impact Statement (EIS) prepared by the firms of Schoor Depalma and Clarke Caton and Hintz. The initial application did not contain public notices as specified in the Coastal Permit Program rules and re-notification of the application was accomplished on June 17th, 2003.
Upon review of the information provide to LURP the application was found to be insufficiently detailed to declare the application complete for public hearing and the Program issued a deficiency letter to the agent on June 24, 2003.
In response to the Program’s deficiency letter and request for additional information, the agent submitted additional information to the Program on July 28, 2003 and the permit application was declared complete for public hearing as of August 11, 2003, with a public hearing subsequently scheduled for September 25, 2003.
· The redevelopment area (project) is approximately 213.3 acres in size and is bounded by the Atlantic Ocean and boardwalk to the east, Grand Avenue to the west, Wesley Lake to the south and Deal Lake to the north. The project area is further subdivided into Prime Renewal, Renovation/Infill (Infill Area) and the Boardwalk areas described below.
· Prime Renewal Area: Area bounded by Bergh and Webb Streets in the west; Ocean Avenue in the east; stretches along Wesley Avenue to Grand Avenue and Deal Lake in the North. The prime renewal area is currently largely vacant
· Renovation/Infill Area: Area bounded by Grand Avenue in the west; Bergh and Webb Streets in the east; Deal Lake Drive in the north and Sewall Avenue in the south. The infill area is currently occupied with various types of development ranging from single family detached dwellings to small boarding houses/hotels.
· Boardwalk Area: All areas east of Ocean Avenue. This area is developed with the boardwalk, Convention Hall, Casino, the Powerhouse and several two story pavilions between the boardwalk and Ocean Avenue.
As described in the Asbury Park Waterfront Development Plan, adopted by the City on November 7, 1984 and revised to June 5, 2002, the proposed redevelopment of Asbury Park will result in the construction of 3,164 dwelling units, 450,000 square feet of commercial space, the upgrade of the storm sewer system, upgrade of the sewerage treatment plant along with upgrade and rehabilitation of the sewer lines within the renewal area, rehabilitation of the Casino, Convention Hall and Powerhouse historic structures and reestablishment of private and public beach clubs.
The ambitious goals of the redevelopment plan (the Plan) are to provide a variable environment for development to occur and which would make Asbury Park a destination not limited to just the beach, but also one where people would once again want to live and raise their children. The Plan divides the redevelopment area into several distinct districts as described below.
Wesley Lake Village
The development plan for this area invisions smaller scale residential development taking advantage of the smaller angular blocks close to Wesley Lake. The Plan calls for the creation of low-rise residential buildings along Lake Avenue with increased building height (4-stories) along the south side of Cookman Avenue. The north side of Cookman Avenue is proposed for the construction of mid-rise (6-8 stories) residential buildings.
The Wesley Lake area is subject to an ongoing residential proposal by the Kushner Companies and their proposal to construct 181 dwelling units and 9,130 square feet of retail area. The development will provide 294 off-street parking spaces in ground level parking structures, garages and driveways. On-street parking will total 66 spaces.
The work is proposed on blocks118, 128, 129.01 and 129.02 and is represented on plans entitled “ Preliminary and Final Major Site Plan for Wesley Lake Village District Phase I” prepared by Geoffrey R. Lanza of Paulus, Sokolowski and Sartor, sheets C-01 through C-09, dated August 15, 2003 and unrevised. The plans as noted above are presently before the Asbury Park Technical Review Committee for compliance with the Waterfront Development Plan. It is expected that this development will be one of the first developments to move forward into the construction phase should a CAFRA permit be issued.
The five blocks along Ocean Avenue between the Casino and Convention Hall will be the core of Asbury’s entertainment district with the goal of making this section of the city a lively/active area with continuous ground floor retail, restaurant and retail operations with the rehabilitated pavilions containing more seasonal uses. The Plan calls for the development of mixed use buildings facing Ocean Avenue that are no more than 3 stories in height with varied rooflines. In between Ocean and Kingsley Avenues, development will range between 4-8 stories in height. Along Kingsley, mid-rise residential (6-8-story) development is proposed with the mid-block buildings 3 to 4 stories to provide greater ocean views of the ocean through the blocks. On the western border of this district, building heights will decrease from mid-rise to town house scale to transition into the existing scale of the adjacent residential neighborhoods.
The north shore district extends from Deal Lake in the North to Convention Hall in the south and is intended to have a different character than the ocean avenue district with more focus on residential development than the blocks to the south. The Plan calls for the re-opening of the city street grid to Ocean Avenue and to provide an appropriate terminus at the northern limit of Ocean Ave presently blocked by the existing sewer plant. Overall the Plan contemplates the development of residential structures in the range of 4- stories on Kingsley with a decreased height to town house scale as you move towards Webb Avenue.
At the northern terminus of Ocean Avenue, two 8-story residential structures are proposed at the intersection of Seventh and Ocean. The construction of these buildings will provide a visual screen to the existing sewer plant while also serving as the northern terminus of Ocean Avenue. The round- about proposed at Ocean and 7th Street will provide an open public space containing ornamental plantings and park space.
North of the sewer plant, there is an existing 23-story apartment building known as the Asbury Towers. Given that the existing building is much larger than any other development in the area either existing or proposed, the Plan calls for the construction of an 8-story residential building just north of Asbury Towers. The 8- story height will serve to transition the Asbury Towers height as you approach the city from the north and will be constructed perpendicular to the orientation of the ocean. Associated with the construction of the 8-story building, the Plan also contemplates the construction of town homes along the eastern border of Asbury Towers.
The Plan for the North Shore area in addition to the residential structures noted above contemplates the re-establishment and enhancement of dunes and a meandering boardwalk out shore of the proposed town homes. The boardwalk will serve as a public connector piece between Asbury Park and Deal to the north.
Specific Development plans for the north-shore area have been submitted by Paramount Homes. The development as proposed is detailed on plans prepared by
Timothy V. Holmes of Najarian Associates and entitled “ Preliminary and Final Major Site Plan, Block 208, Lots 1,2,3&4, City of Asbury Park, Monmouth County “ in 6 sheets dated June 27, 2003 and unrevised. Development on Block 208, known as the Rivera Block will consist of the construction of 201 dwelling units in two 8-story buildings and one 6-stoy building. Off-street parking is proposed at 1.5 spaces per unit for a total of 305 structured parking spaces. On-street parking is proposed to satisfy the remainder of the parking requirements at 99 spaces.
Paramount Homes is also proposing the construction of 149 dwelling units on Block 207, Lot 1. Units will be constructed in two 8-story buildings and one 4-story building. Off-street parking will be provided in a 3 story parking structure with a proposed ratio of 1.5 spaces per dwelling unit for total of 225. On street parking of 74 spaces is intended to service the remainder of this block parking needs. Development on this Block is represented on plans in 6 sheets, prepared by Timothy V. Holmes of Najarian Associates and entitled “ Preliminary and Final major Site Plan, Block 207, Lot 1, City of Asbury Park, Monmouth County.” Dated June 27,2003 and unrevised. As noted earlier for the Kushner development proposal in the Wesley Lake section of the city, the Paramount Homes development is expected to move forward should a CAFRA permit be issued.
The Land Use Regulation Program (Program) recognizes the importance of redeveloping Asbury Park and the difficulty of putting a specific development proposal forward that detailed where all development is to occur. Therefore, the analysis that follows will evaluate the Elements of the Asbury Park Waterfront Redevelopment Plan, adopted November 7, 1984 and revised to June 5, 2002 in terms of the standards detailed in the Coastal Zone Management rules at N.J.A.C. 7:7E-1.1 et seq.
To insure that individual projects comply with the development guidelines specified in the Plan, a Technical Review Committee (TRC) has been established. The TRC includes representatives form the Department of Environmental Protection, Department of Community Affairs, Asbury Park Planning Board and Town Council, along with hired professionals from the architectural and planning profession. The TRC meets on an informal basis with developers for projects in both the prime and infill portions of the re-development zone. TRC members evaluate the development proposals in the context of the Plan. Subsequent making to this review, the TRC makes recommendations on the proposal before them either moves the application to the Council for final approval, or requests that changes be made before the application is ripe for further consideration by the Council.
The overall goal of this analysis is to determine if the Plan is consistent with the Coastal Zone Management rules so that when development plans are brought before the TRC, the DEP will also be able find the projects in compliance with any CAFRA permit should one be issued.
Unless otherwise specified in this analysis, the Program has not reviewed specific development for individual projects within the redevelopment area. However, in support of the pending CAFRA application, the applicant’s consultants have submitted the following information for review by the Department:
· Stormwater Septor Phasing Plan, prepared by Schoor Depalma, dated July 15, 2003
· Oceanfront Asbury/North Shore Plan, prepared by the firms of Ehrenkrantz, Eckstut & Kuhn and Clarke Caton and Hintz (CCH), dated June 26, 2003
· Intertidal and Subtidal Shallows Disturbance Plan, prepared by Schoor Depalma and dated July 15, 2003
· Ocean Avenue Existing Pavilion Elevations, prepared by CCH, undated
· Overall Landscape Plan, Oceanfront Asbury, prepared by CCH and dated July 2003
· Wesley Lake Plaza, Oceanfront Asbury, prepared by CCH and dated July 2003
· Planting Design of Streets, Oceanfront Asbury, prepared by CCH and dated July 2003
· Surfaces and Furnishings for Streets, Oceanfront Asbury, prepared by CCH and dated July 2003
· Bus Stop, Oceanfront Asbury, prepared by CCH and dated July 2003
· Seventh Avenue Terminus, Oceanfront Asbury, prepared by CCH and dated July 2003
· North Shore Dunes, Oceanfront Asbury, prepared by CCH and dated 2003
· Statement of Compliance with the rules on Coastal Zone Management (NJAC 7:7E) for Asbury Park Waterfront Development, City of Asbury Park, Monmouth County, New Jersey and prepared by the firms of Clark, Caton & Hintz and Schoor Depalma, dated May 2003 and
· The Asbury Park Waterfront Development Plan adopted November 7, 1984 and revised through June 5, 2002.
·
Special Areas are areas that are so naturally valuable, important for human use, hazardous, sensitive to impact, or particular in their planning requirements, as to merit focused attention and special management rules.
7:7E-3.4 Prime fishing areas
(a) Prime fishing areas include tidal water areas and water’s edge areas, which have a demonstrable history of supporting a significant local quantity of recreational or commercial fishing activity. The area includes all coastal jetties and groins, public fishing piers or docks and artificial reefs. Prime fishing areas also include all red line delineated features within the coastal waters illustrated in: B.L. Freeman and L.A. Walford (1974) Angler's Guide to the United States Atlantic Coast Fish; Fishing Grounds and Fishing Facilities, Section III and IV or as indicated on New Jersey's Specific Sport and Commercial Fishing Grounds Chart (page 14) contained in "New Jersey's Recreational and Commercial Ocean Fishing Grounds." Long and Figley (1984); recently developed artificial reefs off the New Jersey coast as identified in Figley (1989) "A Guide to Fishing and Diving New Jersey's Artificial Reefs", and The Fishing Grounds of Raritan, Sandy Hook and Delaware Bays as determined in Figley and McCloy (1988) "New Jersey's Recreational and Commercial Fishing Grounds of Raritan Bay, Sandy Hook Bay and Delaware Bay and The Shellfish Resources of Raritan Bay and Sandy Hook Bay". While this information source applies only to the Delaware and Raritan Bay and Atlantic Ocean shorefronts, Prime Fishing Areas do occur throughout the coastal zone
Prime fishing areas in Asbury Park are focused primarily on the northern edge of the city by Deal, in both Deal lake and the nearshore waters in the area of the Deal lake outfall structure. The Plan for Asbury Park does not propose any development that would adversely impact prime fishing areas. However, as noted in the compliance statement submitted in support of this permit application, long term access for fishing will be provided through the construction of a surface parking lot in the northern portion of the city close to where the reestablished dune area and walkway will be. The application notes that fish cleaning stations may be incorporated into the parking lot as another means of promoting fishing, which the Department would encourage. Based on the above, the project is in compliance with this rule.
7:7E-3.5 Finfish migratory pathways
(a) Finfish migratory pathways are waterways (rivers, streams, creeks, bays and inlets) which can be determined to serve as passageways for diadromous fish to or from seasonal spawning areas, including juvenile anadromous fish which migrate in autumn and those listed by H.E. Zich (1977) "New Jersey Anadromous Fish Inventory" NJDEP Miscellaneous Report No. 41, and including those portions of the Hudson and Delaware Rivers within the coastal zone boundary.
1. Species of concern include alewife or river herring (Alosa pseudoharengus), blueback herring (Alosa sapidissima), American shad (Alosa aspidissima), striped bass (Monroe saxatilis), Atlantic sturgeon (Acipenser oxyrhynchus), Shortnose sturgeon (Acipenser brevirostrum) and American eel (Anguilla rostrata).
Finfish migratory pathways occur at the discharge point from Deal Lake where during migration periods fisherman often congregate to dart species such as alewife or river herring. There are known direct to the finfish migratory pathway, however, given the overall upgrade of water quality pretreatment as part of the Asbury stormwater system long-term water quality improvements will occur which will only help improve the discharge to the finfish migratory pathway. Based on the above, the project is in compliance with this rule.
Marina Moorings N.J.A.C. 7:7E-3.10
At present, there are no marina mooring areas within the scope of the project limits. However, as detailed on the plan Wesley Lake Plaza, Oceanfront Asbury, dated July 2003, a new mooring area will be created in Wesley Lake for the recreation for what was once known as the Swan Boats, but will in this case be pedal boats. Pedal boats will be located adjacent to a series of floating docks and connected to the upland by a fixed pier and floating access ramp. Given that the development will not impact any existing mooring areas and in the long run promote access to the water through the use of paddle and electric boats, the project is in compliance with this rule.
7:7E-3.15 Intertidal and subtidal shallows
(a) Intertidal and Subtidal shallows means all permanently or temporarily submerged areas from the spring high water line to a depth of four feet below mean low water.
As detailed on the plan entitled "Intertidal and Subtidal Shallows Disturbance Plan" prepared by Schoor DePalma and dated July 15, 2003, there will be some intertidal or subtidal shallows that will be disturbed as a direct result of the reconstruction plan. However, any disturbances to this special area will result from the placement of rip-rap at stormwater outlets proposed as part of the stormwater system upgrade for the redevelopment area. Given that the impacts to this area have been minimized to the maximum extent practicable and there is no alternative to the impact because of the increased volume of stormwater being directed to certain points in either Wesley, Sunset or Deal Lakes, the project is in compliance with this rule.
7:7E-3.16 Dunes
(a) A dune is a wind or wave deposited or man-made formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach and the foot of the most inland dune slope. “Dune” includes the foredune, secondary or tertiary dune ridges and mounds, and all-landward dune ridges and mounds, as well as man-made dunes, where they exist (see Appendix, Figure 1, incorporated herein by reference).
1. Formation of sand immediately adjacent to beaches that are stabilized by retaining structures, and/or snow fences, planted vegetation, and other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development.
As detailed on the plan entitled "North Shore Dunes, Oceanfront Asbury", as dated to July 2003, there are existing dunes located at the northern portion of the beach close to Deal Lake. As part of the overall development plan, dunes are proposed to be created and enhanced stretching north from the Riviera block of the Paramount Homes development past the sewerage treatment plant, past the Asbury Towers, and then terminating at the end of the proposed townhouse development as shown on the plan referenced above. Directly associated with the creation of the dunes will be a meandering 10-foot wide boardwalk that will connect the boardwalk which currently ends at the end of 7th Avenue all the way down to Deal Lake Drive.
However, the plan noted above also shows existing dunes that are currently located on the site of a former restaurant and which have developed over time into a public parking area. As part of the overall development of the north shores dune area, the applicant is proposing to construct a public parking lot as one of the ways of promoting public access and also providing additional parking for fishing at the northern portion of the city. However, in the compliance statement, the applicant has not demonstrated that there is no alternative that would not involve the dune for the parking lot. Therefore, as a request for additional information, the applicant shall address in detail how the proposed parking lot does comply with the dune rule and how the dune creation and enhancement plan will result in an overall improvement in the dune system. Finally, the applicant must provide the Program with a schedule for implementation of the boardwalk and dune creation in the north shore dune area.
7:7E-3.18 Coastal high hazard areas
(a) Coastal high hazard areas are flood prone areas subject to high velocity waters (V zones) as delineated on the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA), and areas within 25 feet of oceanfront shore protection structures, which are subject to wave run-up and overtopping. (see Appendix, Figure 2 incorporated herein by reference). The Coastal High Hazard Area extends from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The inland limit of the V zone is defined as the V zone boundary line as designated on the FIRM or the inland limit of the primary frontal dune, whichever is most landward.
(b) Residential development, including hotels and motels, is prohibited in coastal high hazard areas except for single family and duplex infill developments that meet the standards of N.J.A.C. 7:7E-7.2(e) or (f) or development in Atlantic City in accordance with (g) below.
(c) In general, commercial development is discouraged in coastal high hazard areas.
(d) Beach use related commercial development in coastal high hazard areas is conditionally acceptable within areas that are already densely developed, provided that:
1. The site is landward of the boardwalk;
2. The height of the building does not exceed 15 feet measured from either the elevation of the existing ground or the boardwalk (depending on the specific site conditions) to the top of a flat roof or the mid-point of a sloped roof;
3. The facility is open to the general public and supports beach/tourism related activities, that is, retail, amusement and food services. Lodging facilities are excluded; and
4. The facility complies with all the flood proofing requirements at N.J.A.C. 7:7E-3.25, Flood hazard areas.
(e) Any development determined to be acceptable at (c) and (d) above shall comply with the requirements for impervious cover and vegetative cover that apply to the site under N.J.A.C. 7:7E-5 and either N.J.A.C. 7:7E-5A or 5B.
(f) All permanent structures shall be set back a minimum of 25 feet from oceanfront shore protection structures, typically including bulkheads, revetments and seawalls and occasionally jetties and groins if constructed at inlets. This condition is applicable only to shore protection structures that are of sufficient height and strength to provide resistance to storm waves. This condition does not apply to development in accordance with (g) below.
7. Construction of street-end beach accessways along the oceanfront, provided they are oriented at an angle against the predominant northeast storm approach, are limited in width to no more than ten feet, and are defined/stabilized with sand fencing. These standards should be included in all beach and dune management plans for oceanfront locations.
(c) A development may be permitted if, by creating a dune with buffer zone or expanding an existing dune landward, the classification of the site is changed so as to significantly diminish the possibility of future overwash. In determining overwash potential, the protective capacity of newly created dunes will be evaluated in terms of the "design dune" goal discussed in N.J.A.C. 7:7E-3.16(c).
(d) A single story, beach/tourism oriented commercial development located within a commercial boardwalk area existing on July 19, 1993 is conditionally acceptable provided that it meets the following conditions:
1. The site is located within an area currently used and zoned for beach related commercial use, and is landward of the boardwalk;
2. The height of the building does not exceed 15 feet measured from either the elevation of the existing ground or the boardwalk (depending on the specific site conditions) to the top of a flat roof or the mid-point of a sloped roof;
3. The facility is open to the general public and supports beach/tourism related activities, that is, retail, amusement and food services. Lodging facilities are excluded; and
4. The facility meets all the flood proofing requirements of the Flood Hazard Area Rule, N.J.A.C. 7:7E-3.25.
(e) Any development determined to be acceptable at (b) through (d) above shall comply with the requirements for impervious cover and vegetative cover that apply to the site under N.J.A.C. 7:7E-5 and 5B.
As detailed on Flood Insurance Rate Map Map #3402850001C as revised through September 15, 1983 and prepared by the Federal Emergency Management Agency, the coastal high hazard area (V zone) boundary in Asbury Park runs along the western border of Ocean Avenue. As required by the Flood Hazard Area regulations, any new construction in the V-zone has to be constructed on pilings with the lowest horizontal structural number above the base flood elevation which in the case of Asbury Park, is at 11 feet. In addition, any substantial improvement greater than 50% of the current market value of an existing structure in a V-zone must also be elevated on pilings.
Currently located within the V-zone of Asbury Park is the Sunset Avenue Pavillion between 6th and 7th street, Convention Hall and Paramount Theatre between Sunset Avenue and 5th Avenue, the 5th Avenue Pavillion also known as Howard Johnson's between 5th Avenue and 4th, 4th Avenue Pavillion otherwise known as 1100 Ocean Ave and located between 4th and 3rd, the 3rd Avenue Pavillion between 3rd and 2nd Streets, the Asbury Avenue Pavillion between 1st and Asbury, the Asbury Park Casino and the heating plants. All of the above structures are proposed for rehabilitation or reconstruction in some fashion.
Of the pavillions noted above, only the Pavillion between 2nd and 3rd Street, as known as the 3rd Avenue Pavillion, will be reconstructed completely on the same footprint to have beach and commercial uses on the ground floor and commercial and/or business uses on the 2nd floor. Given that the structures are already in existence and the height will not be changed, the Program finds that the rehabilitation of those structures satisfies this rule. The 3rd Avenue Pavillion, because of its deteriorated structural condition, will be torn down and rebuilt no larger than the existing footprint. The Program finds that given that the building has been there for a significant amount of time and the reconstruction will result in a structure no higher than what is currently on the site, the rehabilitation of the 3rd Avenue Pavillion also satisfies this rule
In addition to the rehabilitation/reconstruction of the Pavillions noted above, the applicant is also proposing the construction of two new public beach clubs. The first one will be located between 7th and 6th Avenue and the second one will be located between 2nd and 1st Avenue. While the Program has not yet had an opportunity to review plans for the two public beach clubs, it is expected that the boardwalk level will service as a changing/shower area with the second story to serve as either a restaurant and/or bar space.
In detailing why the beach clubs need to be two stories when the rule requires that new structures in the V-zone be no higher than 15 feet, the applicant has primarily relied on the fact that all the other pavillions are two-story in nature and that if they were to construct a one-story building, it would be out of character with the overall visual effect of the existing pavillions. In support of this position, the applicant has supplied the Program with plans prepared by the firm of Clark, Caton and Hintz detailing the Ocean Avenue existing pavillion elevation along with that of the Convention Hall, Casino and heating plant. Superimposed onto the plan are the elevations of the two public beach clubs. The applicant has argued that for the new public beach club between 2nd and 1st Avenues, the beachclub will be one of the focal points of the new entertainment district focused in the southern portion of the town in that if they can't make the beach club a two story structure, it will not support itself from a revenue generating perspective and will not likely be built. The Program understands the applicant’s position regarding these structures, however, as a request for additional information,requires further clarification on why the public beach club between 2nd and 1st cannot function from an economic perspective if only at one story.
As noted above, new housing except for infill development is prohibited in a V-zone. Based on a review of the information provided to the Program, it is unclear as to where the V zone boundary lies in relation to the proposed townhomes in the northern redevelopment area. If these townhomes are proposed within the existing V-zone then they are not in compliance with this rule. Therefore, as a request for additional information, the applicant shall provide a detailed engineering drawing showing the location of the townhomes in relation to the existing V-zone boundary.
7:7E-3.41 - Special Hazard Areas
Several areas of the City are currently undergoing preliminary investigation for the presence or absence of any hazardous material in the soil. A condition of any CAFRA permit should one be issued will be that prior to the start of construction on any given block, Asbury Partners shall provide to the Program a letter of no further action from DEP's Site Remediation Program. Provided that such letters are supplied to the Program, the overall development will be in compliance with this rule.
7:7E-3.22 Beaches
(a) Beaches are gently sloping areas of sand or other unconsolidated material, found on all tidal shorelines, including ocean, bay and river shorelines (see Appendix, Figure 1), that extend landward from the mean high water line to either:
1. A man-made feature generally parallel to the ocean, inlet, or bay waters such as a retaining structure, seawall, bulkhead, road or boardwalk, except the sandy areas that extend fully under and landward of an elevated boardwalk are considered beach areas; or
2. The seaward or bayward foot of dunes, whichever is closest to the bay, inlet or ocean waters.
(b) Development is prohibited on beaches, except for development that has no prudent or feasible alternative in an area other than a beach, and that will not cause significant adverse long-term impacts to the natural functioning of the beach and dune system, either individually or in combination with other existing or proposed structures, land disturbances or activities. Examples of acceptable activities are:
As detailed on the "Oceanfront Asbury North Shore Plan" dated June 26, 2003, the following activities are proposed on the north shore beach of Asbury Park.
1. creation of a dune system that extends from in front of the Riviera block of the Paramount Homes property past the sewerage treatment plant winding past Asbury Towers and the future proposed townhouses on Block 220 terminating at Deal Lake Drive.
2. Also proposed is a parking lot which is proposed on a portion of the existing beach.
3. Lastly there also appears to be an expansion of a beach access point in front of the Riviera block moving north to the portion of the beach in front of the sewerage treatment plant. There appears to be a road and cul de sac with some sort of walkway.
As noted above, development on the beach is a prohibited activity, unless the proposed activity can be shown to have no alternative location and provided that the proposed activity will not result in a long-term adverse impact to the natural functioning of the beach and dune system. Therefore as a request for additional information, the applicant shall provide a detailed narrative on how all of the above structures comply with the Beaches rule.
7:7E-3.25 Flood hazard areas
(a) Flood hazard areas are the floodway and flood fringe area around rivers, creeks and streams as delineated by the Department under the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.); and areas defined or delineated as an A or a V zone by the Federal Emergency Management Agency (FEMA). They are areas subject to either tidal or fluvial flooding. Where flood hazard areas have been delineated by both the Department and FEMA, the Department delineations shall be used. Where flood hazard areas have not been delineated by the Department or FEMA, limits of the 100 year floodplain will be established by computation on a case-by-case basis. The seaward boundary shall be the mean high water line (see Appendix 1, Figures 6 and 7, incorporated herein by reference).
In response to the Department's June 24, 2003 deficiency letter, the applicant's consultant demonstrated that there are no undeveloped flood hazard areas within 100 feet of the mean high water line and this rule is satisfed.
7:7E-3.36 Historic and archaeological resources
(a) Historic and archaeological resources include objects, structures, shipwrecks, buildings, neighborhoods, districts, and man-made or man-modified features of the landscape and seascape, including historic and prehistoric archaeological sites, which either are on or are eligible for inclusion on the New Jersey or National Register of Historic Places.
(b) Development that detracts from, encroaches upon, damages, or destroys the value of historic and archaeological resources is discouraged.
(c) Development that incorporates historic and archaeological resources in sensitive adaptive reuse is encouraged.
(d) Scientific recording and/or removal of the historic and archaeological resources or other mitigation measures must take place if the proposed development would irreversibly and/or adversely affect historic and archaeological resources. Surveys and reports to identify and evaluate historic and archaeological resources potentially eligible for the New Jersey or National Registers shall be performed by professionals who meet the National Park Service's Professional Qualifications Standards in the applicable discipline. Professional procedures and reports shall meet the applicable Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation and the New Jersey Historic Preservation Office's professional reporting and surveying guidelines, once these guidelines are promulgated as rules, in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. A description of the qualifications and performance standards is available at the Historic Preservation Office.
(a) New development in undeveloped areas near historic and archaeological resources is conditionally acceptable, provided that the design of the proposed development is compatible with the appearance of the historic and archaeological resource. For archaeological resources within the area of the undertaking, avoidance and protection is appropriate. When this is not feasible and prudent, and these resources are of value solely for the information which they contain, archaeological data recovery to mitigate the project impact will be required
The City's historic preservation element identifies four buildings within the waterfront redevelopment area that are either listed or eligible to be listed on the National Register of Historic Places:
1. Convention Hall
2. The Casino
3. The Heating Plant
4. The Palace Amusement Building
Of these four buildings, the Convention Hall, the Casino and the Heating Plant will be restored to Department of Interior standards. However, there are currently no specific plans in place for the rehabilitation of the four structures. As a condition of any forthcoming CAFRA permit, should one be issued, specific rehabilitation plans shall be submitted to the Department’s Historic Preservation Office and New Jersey Historic Trust for review and approval, prior to initiation of restoration/rehabilitation of the structures.
The Palace Amusement Building is a bit more problematic in that it is slated for demolition under the current Waterfront Redevelopment plan. The building has been vacant since November of 1988 and has deteriorated primarily due to wood rot as a result of water infiltration from failing roofs.
In December of 2000, the Palace was listed on the National Register of Historic Places, however, this was not based on important archaeological features of the palace such as the former ferris wheel or bumper cars. Rather, it was based primarily on the Palace's association with significant cultural events rather than the building's historical archaeological significance.
In the Plan Asbury Partners received a demolition permit for the Palace Building which gave the “Save Tilly” group six months from the date of the adoption of the WRP to find a redeveloper purchaser for the property who would have the funds necessary to undertake the expensive rehabilitation restoration project. To date, no economically feasible means has been found to renovate the existing Palace Amusement Building. Therefore, Asbury Partners proposes to demolish the Palace Amusement Building and rebuild the site and a new structure related to a hotel/retail complex, similar in volume to the original Palace Amusement structure with up to 3 floors of commercial space.
Prior to demolition of the Palace, the developer will work with the City and it's technical review committee to identify certain parts of the existing Tilly mural that will be relocated and preserved. The preserved sections of wall will be incorporated into a new hotel development or retail development at this location as a part of the lobby wall. The images of the existing Palace Amusement Building shall be incorporated into the design and flavor of the new structure of the site.
The Casino and the Power Plant, received the certification of eligibility on January 11, 1990 for inclusion on the New Jersey and/or National Register of Historic Places. However, these structures have not yet been listed on either the New Jersey or National Register.
Under the Plan, Asbury Partners propose to renovate the structure in accordance with the Secretary of Interior Standards for use as a retail/commercial center. However, the 29,000 square foot arena section of the casino has severe structural problems and this part of the building must be demolished. As part of any future CAFRA permit should one be issued, Asbury Partners will be allowed to rebuild in the footprint of the former arena, a new 3 story commercial structure with the same height as the original building. Design shall be visually compatible with the remaining sections of the casino and will be done using a steel framed structure with masonry and glass façade similar in scale, character, color and detail of the original arena structure. Plans for the new addition to the casino shall be approved by the City and its Technical Review Committee and as a condition of any CAFRA permit should one be issued, plans will also need to be approved by LURP prior to the initiation of construction.
Regarding the Arcade and Carousel section of the casino complex, prior to the intiation of construction, plans shall be submitted to the NJHPO for review and approval. This will be a condition of any CAFRA permit should one be issued. Plans for the exterior of the arcade and carousel shall comply with Secretary of Interior standards for rehabilitation. Plans and specifications for the interior will be submitted for the TRC, Planning Board and to the Land Use Regulation Program for review and approval prior to the initiation of construction.
The Power Plant rehabilitation for the exterior must be undertaken according to Secretary of the Interior standards for rehabilitation as appropriate for different sections of the building. Plans and specifications for the proposed work must be submitted to NJHPO for review and approval prior to initiation of construction and will be a condition for any CAFRA permit should one be issued. As with the arcade and carousel section, plans for the interior of rehabilitation of power plant, will be submitted to the TRC, Planning Board and LURP prior to the initiation of any construction.
7:7E-3.38 Endangered or threatened wildlife or plant species habitats
(a) Endangered or threatened wildlife or plant species habitats are areas known to be inhabited on a seasonal or permanent basis by or to be critical at any stage in the life cycle of any wildlife or plant identified as "endangered" or "threatened" species on official Federal or State lists of endangered or threatened species, or under active consideration for State or Federal listing. The definition of endangered or threatened wildlife or plant species habitats include a sufficient buffer area to ensure continued survival of the population of the species. Absence of such a buffer area does not preclude an area from being endangered or threatened wildlife or plant species habitat
In July of 2003, the Land Use Regulation Program received a report entitled "Threatened Species Report for Sea Beach Aramanth (amaranthus pumilus) for Asbury Park Redevelopment Plan, City of Asbury Park Report and prepared by Schoor DePalma. In this report, the beach area was investigated for presence or absence of this particular endangered plant and was found that no population of sea beach aramanth existed on or in the immediate vicinity of the site. This report was also supported by a letter from U.S. Fish and Wildlife Service noting that sea beach aramanth has not been identified on this portion of the New Jersey coast at this time. As a result, the proposed development is in compliance with this rule.
7:7E-3.40 Public open space
(a) Public open space constitutes land areas owned or maintained by State, Federal, county and municipal agencies or private groups (such as conservation organizations and homeowner's associations) and used for or dedicated to conservation of natural resources, public recreation, visual or physical public access or, wildlife protection or management. Public open space also includes, but is not limited to, State Forests, State Parks, and State Fish and Wildlife Management Areas, lands held by the New Jersey Natural Lands Trust (N.J.S.A. 13:1B-15.119 et seq.), lands held by the New Jersey Water Supply Authority (N.J.S.A. 58:1B-1 et seq.) and designated Natural Areas (N.J.S.A. 13:1B-15.12a et seq.) within DEP-owned and managed lands.
(b) New or expanded public or private open space development is encouraged at locations compatible or supportive of adjacent and surrounding land uses.
(c) Development that adversely affects existing public open space is discouraged.
(d) Development within existing public open space is conditionally acceptable, provided that the development is consistent with the character and purpose of public open space, as described by the park master plan when such a plan exists.
(e) Development in Atlantic City is acceptable within existing public open space provided the public open space is a street right-of-way or the Boardwalk and the development meets the standards of N.J.A.C. 7:7E-3.49(e) through (j).
(f) Provision of barrier free access to public open space is encouraged.
(g) All new development adjacent to public open space will be required to provide an adequate buffer area and to comply with the Buffers and Compatibility of Uses rule (N.J.A.C. 7:7E-8.13). The buffer required will be dependent upon adjacent land uses and potential conflicts between users of public open space and the proposed adjacent land use.
The redevelopment contains approximately 20.33 acres of public open space as shown on the illustrated plan prepared by Clarke, Caton and Hintz. The Waterfront Redevelopment Plan makes provision for the maintenance and enhancement of all the existing public open spaces for continued public access and use. The applicant will restore the entire wooden public boardwalk including the repair or replacement of supports to provide barrier free access to the boardwalk at each of the numbered avenues. Asbury Partners will also construct four gazebo style sun shelters on the boardwalk at appropriate locations and expand the width of the boardwalk between 6th and 7th Avenues so to match the grain in the southern portion of the city. The Boardwalk will also be extended at the southern end near Ocean Road to provide a connection to Ocean Grove. In the northern portion of the city Asbury Partners proposes to construct a new dune system and a meandering boardwalk that will connect 7th Street to the sidewalk in the town of Deal.
7:7E-3.43 Special urban areas
(a) Special urban areas are those municipalities defined in urban aid legislation (N.J.S.A. 52:27D-178) qualified to receive State aid to enable them to maintain and upgrade municipal services and offset local property taxes. Under N.J.S.A. 52:27D-178 et seq., the Department of Community Affairs (DCA) establishes a list of qualifying municipalities each fiscal year. DCA’s list of qualifying municipalities may be obtained on request from the Department’s Land Use Regulation Program, PO Box 439, Trenton, New Jersey 08625-0439, (609) 292-0060.
(b) Development that will help to restore the economic and social viability of special urban areas is encouraged. Development that would adversely affect the economic well being of these areas is discouraged, when an alternative which is more beneficial to the special urban areas is feasible. Development that would be of economic and social benefit and that serves the needs of local residents and neighborhoods is encouraged.
Asbury Park is designated as a special urban area and as such, the redevelopment of the waterfront area will lead to the revitilization of the City as a whole and is an encouraged activity. This rule is met
7:7E-3.47 Geodetic control reference marks
(a) Geodetic control reference marks are traverse stations and benchmarks established or used by the New Jersey Geodetic Control Survey pursuant to P.L. 1934, c.116. They include the following types:
1. Monument-(Mon), Disk-(DK): A standard United States Coast and Geodetic Survey or New Jersey Geodetic Control Survey disk set in a concrete post, pavement, curb, ledge rock, etc., stamped with a reference number, and used for both horizontal and vertical control.
2. Point (Pt.): A State highway, tidelands (riparian), city, etc. survey marker represented by a chiseled cross, punch hole, brass plug, etc. used for horizontal and vertical control. These stations are not marked, but if there should be an enclosing box, the rim is stamped with a number.
3. Rivet-(Rv.): A standard metal rivet set by the New Jersey Geodetic Control Survey, used for vertical control.
4. Mark-(Mk.): Same as point, but used only for vertical control. In the description of such marks there should appear a mark number followed by an equality sign and then the original name or elevation of the bench mark, and in parentheses the name of the organization which established the mark.
(c) The disturbance of a geodetic control reference mark is discouraged. When a geodetic control reference mark must be moved, raised or lowered to accommodate construction, the New Jersey Geodetic Control Survey shall be contacted at least 60 days prior to disturbance
There are six geodetic reference marks located within the project area located as follows:
1. On the bridge over Sunset Lake on Grand
2. On the flagstaf of the Berkeley Hotel located between Sunset Ave, 6th Ave., and Kingsley Ave.
3. On the flagstaf of the Asbury Park Convention Center
4. On the large finial on top of the First Methodist Episcopal Church in Asbury Park
5. On top of the ball draft vein on the concrete stack of the Asbury Park Power Plant
6. At the end of Monroe Ave in a grass area just north of Wesley Lake
While there are no current plans to move any geodetic reference control marks, a condition of any CAFRA permit should one be issued, will require that the N.J. Geodetic Control Survey unit be contacted at least 60 days prior to any proposed disturbance to geodetic control reference marks and arrangements shall be made to protect or relocate the position, as required by the NJ Geodetic Control Survey.
SUBCHAPTER 3A. STANDARDS FOR BEACH AND DUNE ACTIVITIES
7:7E-3A.1 Purpose and scope
(a) This subchapter sets forth the standards applicable to routine beach maintenance, emergency post-storm restoration, dune creation and maintenance, and construction of boardwalks. These standards are reference at N.J.A.C. 7:7E-3.16, Dunes; N.J.A.C. 7:7E-3.17, Overwash areas; N.J.A.C. 7:7E-3.19, Erosion hazard areas; N.J.A.C. 7:7E-3.22, Beaches; and N.J.A.C. 7:7E-7.11, Coastal engineering. In addition, N.J.A.C. 7:7E-3A.2, 3A.3 and 3A.4 are the standards for the coastal general permit for beach and dune maintenance activities, N.J.A.C. 7:7-7.6.
1. The standards applicable to routine beach maintenance, including debris removal and clean-up; mechanical sifting and raking; maintenance of access ways; removal of sand from street ends; boardwalk promenades and residential properties; repairs or reconstruction of existing gazebos and dune walkover structures, and limited sand transfers from the lower beach to he upper beach or alongshore are found at N.J.A.C. 7:7E-3A.2;
2. The standards that apply to the restoration of all beaches that are impacted by coastal storms with a recurrence interval to or exceeding a five-year storm event are found at N.J.A.C. 7:7E-3A.3;
3. The standards for dune creation and maintenance including the placement and/or repair of sand fencing, the planting and fertilization of appropriate dune vegetation, the maintenance and clearing of beach access pathways less than 8 feet in width; and the construction or repair of approved dune walkover structures are found at N.J.A.C. 7:7E-3A.4; and
4. The standards for construction of boardwalks along tidal shorelines are found at N.J.A.C. 7:7E-3A.5.
SUBCHAPTER 4. GENERAL WATER AREAS
7:7E-4.1 Purpose and Scope
(a) General Water Areas are all water areas which are located below either the spring high water line or the normal water level of non-tidal water that are subject to this subchapter and to Special Area rules.
7:7E-4.5 Recreational docks and piers
(a) Recreational and fishing docks and piers are structures supported on pilings driven into the bottom substrate, or floating on the water surface or cantilevered over the water, which are used for recreational fishing or for the mooring of boats or jet skis used for recreation or fishing, except for commercial fishing, and house boats.
(b) Recreational docks and piers, including jet ski ramps, mooring piles, are conditionally acceptable provided:
1. There is a demonstrated need that cannot be satisfied by existing facilities;
2. The construction minimizes adverse environmental impact to the maximum extent feasible;
3. The docks and piers and their associated mooring piles are located so as to not conflict with overhead transmission lines;
4. There is minimum feasible interruption of natural water flow patterns;
5. Space between horizontal planking is maximized and width of horizontal planking is minimized to the maximum extent practicable. Under normal circumstances, a minimum of 3/8 inch, 1/2 inch, 3/4 inch, or one inch space is to be provided for four inch, six inch, eight to 10 inch, or 12 inch plus wide planks, respectively.
As noted on the Wesley Lake plan, there are proposed floating docks for the use of pedal boats. The docks are designed so they can meet the program standards of no greater than 8 feet width and will be accessed from the upland by a short pier and connected to the pier by a ramp. Given that the proposed dock and pier structureS satisfy the Program's size criteria and there is demonstrated need that cannot be satisfied by an other facility, the proposed docks are consistent with this rule.
7:7E-4.11 Mooring
(a) A boat mooring is a temporary or permanently fixed or floating anchored facility in a water body for the purpose of attaching a boat.
(b) Temporary or permanent boat mooring areas are conditionally acceptable provided:
1. There is a demonstrated need that cannot be satisfied by existing facilities;
2. Adverse environmental impacts are minimized to the maximum extent practicable;
3. The mooring area is adequately marked and is located so as not to hinder navigation. A hazard to navigation will apply to all potential impediments to navigation, including access to adjacent moorings, water areas, docks and piers.
7:7E-4.17 Outfalls and intakes
(a) Outfalls and intakes are pipe openings that are located in water areas for the purpose of intake of water or discharge of effluent including sewage, stormwater and industrial effluents.
(b) Outfalls and intakes are conditionally acceptable provided that the use associated with the intake or outfall meets applicable Coastal Zone Management rules
SUBCHAPTER 5. REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS
7:7E-5.1 Purpose and scope
(a) This subchapter sets forth requirements for impervious cover and vegetative cover on sites in the upland waterfront development area, as defined at N.J.A.C. 7:7E-5.2, and in the CAFRA area, as defined at N.J.A.C. 7:7E-5.2. In addition:
1. For a site in the upland waterfront development area, the applicable impervious cover limits and vegetative cover percentages are determined under N.J.A.C. 7:7E-5A, based on the site's growth rating, development potential, and environmental sensitivity; and
2. For a site in the CAFRA area, the applicable impervious cover limits and vegetative cover percentages are determined under N.J.A.C. 7:7E-5B, based on the site's location in a coastal center; in a Coastal Planning Area; in a CAFRA center, CAFRA core, or CAFRA node; or on a military installation.
(c) General Land Areas are all land areas, as defined at N.J.A.C. 7:7E-1.8, that are subject to this chapter and that are located outside of Special Water's Edge Areas. Special Water's Edge Areas are identified at N.J.A.C. 7:7E-3.16 through 3.32.
SUBCHAPTER 5B. IMPERVIOUS COVER LIMITS AND VEGETATIVE COVER PERCENTAGES IN THE CAFRA AREA
7:7E-5B.1 Purpose and scope
(a) This subchapter sets impervious cover limits and vegetative cover percentages for sites in the CAFRA area. For a site in the CAFRA area, impervious cover limits and vegetative cover percentages are based on the site's location in a coastal center; in a Coastal Planning Area; in a CAFRA center, CAFRA core, or CAFRA node; or on a military installation.
(b) Except as may be required by law, it is not the intent of this subchapter that the extent to which a municipality has or has not conformed its ordinances or development master plan to this subchapter be considered by any department, agency, or instrumentality of State government in:
1. Administering any State grant, loan, or any financial assistance program involving the expenditure of State funds;
2. Making any permitting decision involving infrastructure that is deemed necessary by the permitting authority to alleviate significant and imminent threats to public health and safety; or
3. Making any permitting decision involving transportation infrastructure deemed necessary by the permitting authority solely to meet the needs of existing populations or anticipated populations based on valid development approvals by all relevant entities at the time of permit application, provided the permit application meets all of the substantive requirements of this chapter.
7:7E-5B.2 Coastal Planning Areas
(a) For purposes of this subchapter and consistent with all other rules in this chapter, descriptions and policy objectives for the Coastal Planning Areas are set forth in (b) through (f) below.
(b) The Coastal Metropolitan Planning Area includes a variety of communities on the New Jersey coast. This Coastal Planning Area generally has a high population density and existing public water and sewer systems. The policy objectives for the Coastal Metropolitan Planning Area are as follows:
1. Guide development and redevelopment to ensure efficient use of scarce land while capitalizing on the inherent public facility and service efficiencies of concentrated development patterns;
2. Accommodate a variety of housing choices through development and redevelopment;
3. Promote economic development by encouraging redevelopment efforts such as infill, consolidation of property, and infrastructure improvements, and by supporting tourism and related activities;
4. Promote high-density development patterns in coastal urbanized areas to encourage the design and use of public transit and alternative modes of transportation to improve air quality, to improve travel among population and employment centers and transportation terminals, and to promote transportation systems that address the special seasonal demands of travel and tourism along the coast;
5. Encourage the reclamation of environmentally damaged sites and mitigate future negative impacts, particularly to waterfronts, beaches, scenic vistas, and habitats;
6. Promote public recreation opportunities in development and redevelopment projects, and ensure meaningful public access to coastal waterfront areas; and
7. Encourage the repair or replacement of existing infrastructure systems where necessary to ensure that existing and future development will cause minimal negative environmental impacts
7:7E-5B.3 Boundaries for Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes; Coastal centers
(a) The boundaries of the Planning Areas, the community development boundaries of centers, and the boundaries of cores and nodes formally approved by the State Planning Commission as of August 1, 1999 are incorporated by reference into this subchapter. These boundaries are the boundaries of the Coastal Planning Areas, CAFRA centers, CAFRA Cores and CAFRA nodes and shall be operative for the purposes of applying the requirements for impervious cover and vegetative cover under N.J.A.C. 7:7E-5 and this subchapter, unless the Department, in accordance with (b) and (c) below, accepts a State Planning Commission formally approved new or changed boundary, or unless the Department, in accordance with (b) and (e) below, rejects a State Planning Commission formally approved new or changed boundary and subsequently promulgates a revised boundary.
(g) The boundaries delineated by the Department for coastal centers, as defined at N.J.A.C. 7:7E-5.2, are described in Appendices 2 and 3 of this chapter. The boundaries of the coastal centers in Appendix 2 shall expire on February 7, 2005. On and after February 7, 2005, the impervious cover limits and vegetative cover percentages for all sites in the CAFRA area, except for sites in the coastal centers in Appendix 3, shall be determined in accordance with N.J.A.C. 7:7E-5B.4(c), (e) or (f).
7:7E-5B.4 Impervious cover limits for a site in the CAFRA area
(a) The impervious cover limit for a site in the CAFRA Area shall be determined as follows:
1. If a site is located in a CAFRA center, CAFRA core, or CAFRA node, the impervious cover limit is determined under (c) below. Note that the impervious cover limit for such a site is calculated based on the acreage of the total land area on the site, as opposed to the acreage of the net land area on the site;
2. If a site is not located in a CAFRA center, CAFRA core, or CAFRA node but is located in the Coastal Metropolitan Planning Area or in a coastal center, the impervious cover limit is determined under (d) below;
3. If a site is not located in a CAFRA center, CAFRA core, or CAFRA node, and is not located in the Coastal Metropolitan Planning Area or in a coastal center, the impervious cover limit is determined under (e) below; and
4. If a site is located on a military installation, the impervious cover limit is determined under (f) below.
(d) If a site is located in the Coastal Metropolitan Planning Area or in a coastal center, the impervious cover limit is the limit at (d)1 or 2 below, whichever is higher:
1. The acreage of the net land area on the site as determined under N.J.A.C. 7:7E-5.3(d), multiplied by the impervious cover percentage in Table H below for the type of coastal center in which the site is located; or
2. The amount of legal, existing impervious cover located on the site, as determined under (g) below.
(g) For the purposes of determining impervious cover limits under (c)3, (d)2, (e)3, and (f)2 above, the amount of existing impervious cover is the highest of the following, provided the impervious cover was legally placed on the site:
1. The amount of impervious cover located on the site at the time the application is submitted to the Department;
3. The amount of impervious cover that appears on the applicable 95-97 imagery; or
1. The amount of impervious cover that was placed under the authority of a coastal permit and after the date the photography was performed for the imagery in (g)2 above
Percentages For Calculating Impervious Cover
Limits Under N.J.A.C. 7:7E-5B.4
|
Site Location |
Impervious Cover Percentage |
|
CAFRA Urban Center |
90 percent |
|
CAFRA region center |
80 percent |
|
Coastal regional center |
|
|
CAFRA core |
|
|
CAFRA node |
|
|
CAFRA town |
70 percent |
|
Coastal town |
|
|
Military installation |
|
|
CAFRA village |
60 percent |
|
Coastal Village |
|
|
CAFRA hamlet |
50 percent |
|
Coastal hamlet |
|
|
Coastal Metropolitan Planning Area |
80 percent |
|
Coastal Suburban Planning Area, within a sewer service area* |
30 percent |
|
Coastal Suburban Planning Area, outside a sewer service area* |
5 percent |
|
Coastal Fringe Planning Area |
5 percent |
|
Coastal Rural Planning Area |
3 percent |
|
Coastal Environmentally Sensitive Planning Area |
3 percent |
As noted earlier in this analysis, Asbury Park is a special urban area and is also located within a Coastal Metropolitan Planning Area, with an allowable 80% impervious cover limit. As detailed in impervious calculations prepared by Schoor DePalma, the total redevelopment area without Sunset Lake is 213.3 acres in size. Of that 213 acres, 80.1% is within the infill/rehabilitation area of project area and 133.2 acres is within waterfront prime renewal area. At the time of permit application submission, approximately 74.4% of the entire redevelopment area included existing as impervious cover.
1. As noted in 7:7E-5B.4, if a site is located in a coastal metropolitan planning area or in a coastal center, the impervious cover limit is the limit of 80% or the limit of the existing impervious cover.
Information submitted by the applicants consultant Schoor DePalma shows that under conditions that existed at the time the application was submitted, 86.9% of the prime renewal area contained impervious cover and the infill/rehabilitation area had impervious cover of 53.7%. The applicant proposes to cover 87.3% of the prime renewal area and 67.9% of the infill area, which equates to a total impervious coverage limit of 80% of the 213.3 acres that comprises the entire redevelopment zone. However, since the applicant is entitled to either 80% total site coverage or the amount of legal existing impervious cover which is currently 86.9% of the waterfront prime renewal area it appears that the proposed development will comply with the impervious coverage limits set forth in this rule.
7:7E-5B.5 Vegetative cover percentages for a site in the CAFRA area
The area (in acres) on a site in the Coastal Metropolitan Planning Area in the CAFRA area in which trees and/or herb/shrub vegetation shall be planted or preserved is 5%
1. To determine the area (in acres) of tree preservation and/or tree planting on the site:
i. Determine the location of the site for purposes of determining applicable vegetative cover percentages using the method described at N.J.A.C. 7:7E-5B.5(b);
ii. Identify the forested or unforested portions of the site, as determined under N.J.A.C. 7:7E-5.5; and
iii. For each forested site or portion identified at (a)1ii above, multiply the acreage of the net land area on the forested site or forested portion as determined under N.J.A.C. 7:7E-5.3(d), by the tree preservation percentage in Table I below for the site location that applies to the site or portion, as determined under (a)1i above; and
iv. For each unforested site or portion identified at (a)1ii above, multiply the acreage of the net land area on the site or portion, as determined under N.J.A.C. 7:7E-5.3(d), by the tree planting percentage in Table I below for the site location that applies to the site or portion, as determined under (a)1i above; and
2. To determine the area (in acres) of herb/shrub vegetation preservation or planting on the site, subtract both the acreage of the impervious cover allowed under N.J.A.C. 7:7E-5B.4 and the acreage of tree planting and/or preservation required under (a)1 above from the acreage of the net land area on the site.
(b) If the sum of the acreage of tree planting required under (a)1 above plus the acreage of either the existing impervious cover on the site as determined under N.J.A.C. 7:7E-5B.4(c), (d), (e)3 or (f) or the acreage covered by buildings and/or asphalt or concrete pavement as determined under N.J.A.C. 7:7E-5B.4(e)2, exceeds the net land area on the site, as determined under N.J.A.C. 7:7E-5.3(d), then trees shall be planted in area (in acres) remaining after the acreage of impervious cover or acreage covered by buildings and/or asphalt or concrete pavement is subtracted from the acreage of the net land area on the site.
(c) The preservation or planting of trees and/or herb/shrub vegetation areas shall comply with the vegetative cover requirements at N.J.A.C. 7:7E-5.4.
1. The requirement for tree planting at (a)1 above, can be satisfied by preserving equivalent forested areas in addition to that required under (a)1 above.
2. The requirement for planting of herb/shrub vegetation at (a)2 above, can be satisfied by preserving equivalent wooded areas or planting an equivalent area of trees in addition to that required under (a)1 above.
TABLE I
Tree Preservation and Planting Percentages
For Forested and Unforested Sites
|
Site Location |
Tree preservation percentage for forested portion of site |
Tree preservation and/or planting percentage for Unforested portion of site |
|
CAFRA urban center |
10 percent |