STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTION

LAND USE REGULATION PROGRAM

PRELIMINARY ANALYSIS-SEPTEMBER 25, 2003

INTRODUCTION

            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.

ADMINISTRATIVE HISTORY

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 17^th, 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.

SITE DESCRIPTION

·        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.

PROJECT DESCRIPTION

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.

OCEAN AVENUE/ENTERTAINMENT DISTRICT

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.

NORTH SHORE DISTRICT

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 7^th 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.

ANALYSIS

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.

·         

SUBCHAPTER 3 SPECIAL AREAS

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.

2. A small mound of loose, windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a "dune."

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 7^th 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 6^th and 7^th street, Convention Hall and Paramount Theatre between Sunset Avenue and 5^th Avenue, the 5^th Avenue Pavillion also known as Howard Johnson's between 5^th Avenue and 4^th, 4^th Avenue Pavillion otherwise known as 1100 Ocean Ave and located between 4^th and 3^rd, the 3^rd Avenue Pavillion between 3^rd and 2^nd Streets, the Asbury Avenue Pavillion between 1^st 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 2^nd and 3^rd Street, as known as the 3^rd 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 2^nd 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 3^rd 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 3^rd 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 7^th and 6^th Avenue and the second one will be located between 2^nd and 1^st 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 2n^d and 1^st 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 2^nd and 1^st 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 6^th and 7^th 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 7^th 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, 6^th 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

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

_______

*"Sewer service area, "for the purpose of this section, means

the "sewer service area" as described at N.J.A.C. 7:15-5.16(a)

and 5.18(c)4 and 5, and identified in a wastewater management

plan in accordance with the Water Quality Management Planning

rules at N.J.A.C. 7:15-5 and/or in an areawide water quality

management plan in accordance with N.J.A.C. 7:15-3.  Wastewater

management plans and areawide water quality management plans

may be reviewed at the Department's Division of Watershed Management,

401 East State Street, Trenton, New Jersey; 609-984-0058.

As a coastal metropolitan planning area, the project will require that 5% of the net land area. This equates to 10.6  acres of  tree planting within the entire redevelopment zone which is 2.09 acres less than required.  The Program acknowledges that, beyond what is currently proposed, there are no additional areas within the prime renewal area to plant additional trees.  However, in order to satisfy this condition, Asbury Partners in conjunction with the City will propose and establish a tree planting ordinance to eventually make up for the 2.09 acres of  required tree planting.  Therefore, as a request for additional information, the applicant shall submit to the Program for review and approval, a landscape proposal and implementation schedule  that makes up for the 2.09 acres forest planting deficit. 

SUBCHAPTER 6.  GENERAL LOCATION RULES

7:7E-6.1 Rule on location of linear development

(a)    A linear development as defined at N.J.A.C. 7:7E-1.8, shall comply with the specific location rules to determine the most acceptable route, to the maximum extent practicable.

The project proposes the following linear development: roadways, storm sewer upgrades, wastewater system and boardwalk reconstruction.  The specifics concerning the above noted linear development have been addressed in this analysis and the project is in compliance with this rule.

7:7E-6.3 Secondary impacts

(a)    Secondary impacts are the effects of additional development likely to be constructed as a result of the approval of a particular proposal. Secondary impacts can also include traffic increases, increased recreational demand and any other offsite impacts generated by onsite activities which affect the site and surrounding region.

The Bureau of Air Quality Monitoring has identified potential secondary impacts as a result of traffic congestion at specified intersections. Provided that the air quality analysis requested does not show exceedances of air quality standards, compliance with this rule will have been demonstrated.  If exceedances are found, the applicant will be required as a condition of any forthcoming CAFRA permit, should one be issued, to provide traffic improvements necessary to bring the intersections into compliance.

SUBCHAPTER 7.  USE RULES

7:7E-7.1 Purpose

Many types of development seek to locate in the coastal zone.  The second stage in the screening process of the Coastal Zone Management rules involves analysis of appropriate uses of coastal resources.  Use rules are rules and conditions applicable to particular kinds of development.  Use rules do not preempt location rules which restrict development, unless specifically stated.  In general, conditions contained in the use rules must be satisfied in addition to the location rules (N.J.A.C. 7:7E-2 through 6), and the resource rules described in the following subchapter (N.J.A.C. 7:7E-8).

7:7E-7.2 Housing use rules

(a)    "Housing" includes single family detached houses, multi-family units with apartments or town houses, high-rise buildings and mixed use developments

ii. On an oceanfront site with existing or proposed shore protection structures, the single family home or duplex and/or accessory structures (except decks) shall be set back at least 25 feet from existing or proposed oceanfront shore protection structures. This distance shall be measured from the waterward face of a bulkhead or seawall and from the top of slope on the waterward face of the revetment. This setback shall not apply to below grade structures;

      It is not clear from the plan entitled "North Shore Dunes" if any shore protection structure is proposed in conjunction with the town homes. Therefore, before compliance with this rule can be demonstrated and as a request for additional information, please detail if any shore protection structures are proposed as part of the town home development.

7:7E-7.5 Transportation Use rule

      (a) Standards relevant to roads are as follows:

      1. New road construction must be consistent with the rule on location of linear development at N.J.A.C. 7:7E-6.1, and shall be limited to situations where:

      i. A clear need exists, taking into account the alternatives of upgrading existing roads and of using public transportation to meet the need;

      ii. Provision is made to include construction of bicycle and foot paths, except where these would not be feasible;

      iii. Provision is made to include, where appropriate, catwalks and parking access to nearby water bodies.

      iv. Provision is made for coordinated construction of public transportation rights-of-way and facilities, such as bus lanes, rail lines, and related transit stop or station facilities and parking, except where such construction would not be feasible;

      v. Visual and physical access to the coastal waters is maintained, to the maximum extent practicable; and

      vi. Induced development in conflict with coastal rules would not be expected to result.

      2. Rationale:  See the note at the beginning of this Chapter.

      (b) Standards relevant to public transportation are as follows:

      1. New and improved public transportation facilities, including bus, rail, air, boat travel, people mover systems and related parking facilities, are encouraged.

      2. Development of existing rights-of-way which would preclude either their use for public transportation or public recreation trails is discouraged.

2.      Rationale:  See the note at the beginning of this Chapter.

As noted earlier, the applicant has provided mass transit locations, schedules and amenities for the redevelopment area along with bicycle racks to facilitate bike usage within the redevelopment area.  In addition, the impact statement submitted in support of this permit application discusses the possibility of running jitnies to the existing train station as a means of promoting mass transit access to the redevelopment area, as needed. 

7:7E-7.14 High Rise Structures

(a)    High-rise structures are structures which are more than six stories or more than 60 feet in height as measured from existing preconstruction ground level.

      (b) The standards for high-rise structures are as follows:

      1.  High-rise structures are encouraged to locate in an urban area of existing high density, high-rise and/or intense settlements;

      2. High-rise structures within the view of coastal waters shall be separated from coastal waters by at least one public road or an equivalent area (at least 50 feet) physically and visually open to the public except as provided by N.J.A.C. 7:7E-3.48;

      3. The longest lateral dimension of any high‑rise structure must be oriented perpendicular to the beach or coastal waters, except for a high‑rise structure that is located in the Redevelopment Zone of the City of Long Branch and authorized pursuant to the Long Branch Redevelopment Zone Permit at N.J.A.C. 7:7-7.4.

      4. The proposed structure must not block the view of dunes, beaches, horizons, skylines, rivers, inlets, bays, or oceans that are currently enjoyed from existing residential structures, public roads or pathways, to the maximum extent practicable;

      5. High-rise structures outside of the Hudson River waterfront special area as defined by N.J.A.C. 7:7E-3.48 shall not overshadow the dry sand beach between 10:00 A.M. and 4:00 P.M. between June 1 and September 20, and shall not overshadow waterfront parks year round;

      6. The proposed structure must be in character with the surrounding transitional heights and residential densities, or be in character with a municipal comprehensive development scheme requiring an increase in height and density which is consistent with all applicable Coastal Zone Management rules;

      7. The proposed structure must not have an adverse impact on air quality, traffic, and existing infrastructure; and

8.      The proposed structure must be architecturally designed so as to not cause deflation of the beach and dune system or other coastal environmental waterward of the structure.

The Program concurs that all the high rise structures maintain the  lateral dimensions perpendicular to the beach and coastal waters. 

The Program concurs that all high rise structures are oriented  to preserve existing view corridors to the beach and coastal waters that have been previously established by the  east/west streets within waterfront redevelopment area.  The only portion of  any public space that will be shadowed by any of the high rise structures is a portion of the newly created public area associated with development of the Riviera block.  The Program has looked at the sun shade diagrams and finds that this temporary shadowing of what will be a public space in September, to be of minimal impact and otherwise finds the projects in compliance with this portion of the rule.

The Program agrees that the highrises are proposed in areas of development that will be of similar scale and that has been part of a comprehensively planned development where highrises are appropriate.

In regards to the setback requirement of the rule, the Program concurs that all highrises are separated from coastal waters by 50 feet.

Based on the above, the Program finds the redevelopment to be in compliance with this rule.

SUBCHAPTER 8.  RESOURCE RULES

7:7E-8.1 Purpose

      (a)  In addition to satisfying the location and use rules, a proposed development must satisfy the requirements of this subchapter.  This subchapter contains the standards the Department utilizes to analyze the proposed development in terms of its effects on various resources of the built and natural environment of the coastal zone, both at the proposed site as well as in its surrounding region. 

7:7E-8.4 Water Quality

      (a) As required by Section 307(f) of the Federal Coastal Zone Management Act (P.L. 92-583), Federal, State and local water quality requirements established under the Clean Water Act (33 U.S.C.  1251) shall be the water resource standards of the coastal management program.  These requirements include not only the minimum requirements imposed under the Clean Water Act but also the additional requirements adopted by states, localities, and interstate agencies pursuant to Section 510 of the Clean Water Act and such statutes as the New Jersey Water Pollution Control Act. Department rules related to water pollution control and applicable throughout the entire coastal zone include, for example, the Surface Water Quality Standards (N.J.A.C. 7:9-4), the rules concerning Wastewater Discharge Requirements (N.J.A.C. 7:9-5), the Ground-Water Quality Standards (N.J.A.C. 7:9-6), and the Regulations Concerning the New Jersey Pollutant Discharge Elimination System (N.J.A.C. 7:14A).

(a)    Coastal development which would violate the Federal Clean Water Act, or State laws, rules and regulations enacted or promulgated pursuant thereto, is prohibited.  In accordance with N.J.A.C. 7:15 concerning the Water Quality Management Planning and Implementation process, coastal development that is inconsistent with an approved Water Quality Management (208) Plan under the New Jersey Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., is prohibited.

The Asbury Park redevelopment area, both the prime development zone and the infill/rehabilitation area are within the approved Areawide Water Qualtiy Management (208) Plan.  As detailed in a letter from Donald J. Norbut to  Terrance  D. Waldon, City Manager, dated January 25, 2002, the current reserve capacity of the Asbury Park wastewater treatment plant is 0.67 mgd. based on actual committed flow for the City wastewater treatment plant of 3.37 mgd.  As noted in Mr. Norbut's letter, the applicant is requesting that the wastewater treatment plant reserve a capacity of 0.702 mgd representing capacity necessary to serve 3,000 residential units and 45,000 square feet of commercial space.  This is more than Asbury Wastewater Treatment Plant (WWTP) can handle.  However, as part of its long range calculations WWTP is projecting that 500 units of 3127 will be replacement units for existing units within the city giving them 0.115 mgd credit and given that the Asbury Partners will be reconstructing or rehabbing the majority of the sewer lines within the redevelopment area, that there is also an inflow reduction of 0.195  mgd.  Based on the above,  there would be an overall capacity  of 0.980 mgd if all improvements were currently in place. This will leave the city with a remaining capacity for other development of 0.278 mgd, which roughly  equates to 1,264 dwelling units. 

Based on the above, the City does not currently have adequate capacity to provide sewer service for full build out of the entire waterfront redevelopment area, as proposed in the CAFRA permit application.  However, given that development is likely to occur over a 10-year period and sewer lines will be upgraded and rehabbed or replaced as new development comes online, it is very likely that additional capacity will become available over time. 

As a request for additional information, the applicant shall provide a projected rehab schedule for the roads and sewer line as originally requested by LURP on June 24, 2003.  The information will need to be submitted for review and approval prior to the Program declaring the application complete for final review. Any forthcoming CAFRA permit would include a condition that, prior to full build-out of the proposed development, adequate wastewater treatment capacity be available to serve all proposed development subject of this application.   

7:7E-8.6 Groundwater Use

      (a) Groundwater is all water within the soil and subsurface strata that is not at the surface of the land.  It includes water that is within the earth that supplies wells and springs.

(b)   Coastal development shall demonstrate, to the maximum extent practicable, that the anticipated groundwater withdrawal demand of the development, alone and in conjunction with other groundwater diversions proposed or existing in the region, will not cause salinity intrusions into the groundwaters of the zone, will not degrade groundwater quality, will not significantly lower the water table or piezometric surface, or significantly decrease the base flow of adjacent water sources.  Groundwater withdrawals shall not exceed the aquifer's safe yield.

As noted in the Statement on Compliance with the Coastal Zone Management rules, the applicant's agent noted that the local water purveyor, American Water Company was hesitant about committing to supplying water for the entire buildout of the site.  The compliance statement goes on to note at a meeting held on November 14, 2002 between Schoor DePalma and the Water Company along with representatives of the DEP Bureau of Safe Drinking Water, the water company was willing to agree to provide water service for the first two phases of the project consisting of 2,174 planning units.  Since the applicant has not yet been able to demonstrate that there is adequate water supply for the total buildout of the project, as a request for additional information and prior to declaring this CAFRA permit complete for review, the applicant shall submit commitment letters from the local purveyor American Water Company  so as to demonstrate compliance with this rule along with Section 10 findings requirements as noted later in this analysis.  Any forthcoming CAFRA permit would include a condition requiring that adequate water supply is available to serve the proposed development subject of this application. The Program may consider a phased plan that allows certain portions of the development to proceed as capacity issues are resolved

7:7E-8.7 Stormwater management

      (a) Stormwater runoff is the flow of water on the surface of the ground, resulting from precipitation.

      (b) Coastal development shall employ a site design which, to the extent feasible, minimizes the amount of impervious coverage on a project site.  In addition, the development shall use the best available technology to minimize the amount of stormwater generated, minimize the rate and volume of off-site stormwater runoff, maintain existing on-site infiltration, simulate natural drainage systems and minimize the discharge of pollutants to ground or surface waters.  Consistent with the provisions of the Stormwater Management rule, the overall goal of the post-construction stormwater management system design shall be the reduction from the predevelopment level of total suspended solids (TSS) and soluble contaminants in the stormwater.

In response to the request for information contained within the Program's June 24, 2003 letter, the applicant's agent submitted an implementation plan for stormceptors which is acceptable to Program.  Stormceptors are mechnical components designed to filter stormwater runoff prior to discharge into surface waters. In addition, the Program has reviewed the infrastructure improvement plans for the Asbury Park redevelopment project prepared by the firm Schoor DePalma in sheets 1 - 28 all dated April 7, 2003 and unrevised.  The Program finds the proposed stormwater system and its associated upgrades including the placement of rip rap aprons and a shallow water habitat to be acceptable to the Program.  Please note that as a condition of any forthcoming CAFRA permit, the applicant will need to submit a maintenance/operation plan for the rehabilitated stormwater system to include but not be limited to maintenace schedule and responsible parties for upkeep.

In response to the Program's request of June 24, 2003, the applicant submitted a plan entitled Stormceptor Phasing Plan, Asbury Park Redevelopment Project" dated July 15, 2003 and prepared by the firm of Schoor DePalma.  In this plan, the applicant's consultant detailed the phasing of stormceptor installation along with stormwater piping upgrades.  In addition the applicant's agent has also submitted plans entitled "Infrastructure Improvement Plans for Asbury Park Redevelopment" prepared by the firm Schoor DePalma in sheets 1 - 28 and dated April 7, 2003.

      Based on the Program's review of the plans referenced above, the project is in compliance with the stormwater rule. 

7:7E-8.8 Vegetation

      (a) Vegetation is the plant life or total plant cover that is found on a specific area, whether indigenous or introduced by humans.

      (b) Coastal development shall preserve, to the maximum extent practicable, existing vegetation within a development site.  Coastal development shall plant new vegetation, particularly appropriate coastal species native to New Jersey to the maximum extent practicable.

     In support of the overall permit application, the applicant's consultants have submitted typical revegetation plans for the overall redevelopment of Asbury Park entitled "Overall Landscape Plan Oceanfront Asbury", dated July 2003 and prepared by the firm Clark, Caton and Hintz.  Based on a review of the above plan, as previously discussed in Subchapter 5 analysis, the Program is in agreement with the number and locations of trees to be planted as part of the redevelopment plan.  However, as a request for additional information, and as previously requested under discussion in Subchapter 5, the applicant will address the requirement  for additional tree planting. 

7:7E-8.10 Air quality

      (a) The protection of air resources refers to the protection from air contaminants that injure human health, welfare or property, and the attainment and maintenance of State and Federal air quality goals and the prevention of degradation of current levels of air quality.

(b)   Coastal development shall conform to all applicable State and Federal regulations, standards and guidelines and be consistent with the strategies of New Jersey's State Implementation Plan (SIP).  See N.J.A.C. 7:27 and New Jersey SIP for ozone, particulate matter, sulfur dioxide, nitrogen dioxide, carbon monoxide, lead, and visibility.

(c)    Coastal development shall be located and designed to take full advantage of existing or planned mass transportation infrastructures and shall be managed to promote mass transportation services, in accordance with the Traffic rule, N.J.A.C. 7:7E-8.14.

a.       New Jersey Route 33 Corlies Ave and Memorial Ave

b.      New Jersey Route 33 and New Jersey Route 71 - Main Street

c.       Asbury Avenue and Memorial Avenue

d.      Asbury Avenue and New Jersey Route 71

Based on review, the Bureau of Air Quality Evaluation is requesting that air dispersion modeling of these intersections be undertaken prior to the application being declared complete for review.  The basis for requiring the dispersion modeling is to ensure that national ambient and air quality standards will be maintained with the proposed development complete.  The Program has attached the Bureau of Air Quality's document for the analysis for air quality at roadway intersections. 

7:7E-8.11 Public Access to the Waterfront

      (a) Public access to the waterfront is the ability of all members of the community at large to pass physically and visually to, from and along the ocean shore and other waterfronts.

      (b) Coastal development adjacent to all coastal waters, including both natural and developed waterfront areas, shall provide permanent perpendicular and linear access to the waterfront to the maximum extent practicable, including both visual and physical access.  Development that limits public access and the diversity of the waterfront experiences is discouraged.

      1. All development adjacent to water shall, to the maximum extent practicable, provide, within its site boundary, a linear waterfront strip accessible to the public.  If there is a linear waterfront accessway on either side of the site and the continuation of which is not feasible within the boundaries of the site, a pathway around the site connecting to the adjacent parts, or potential parts of the waterfront path system in adjacent parcels shall be provided.

      2. 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 funding.

4.      Public access must be clearly marked, provide parking where appropriate, be designed to encourage the public to take advantage of the waterfront setting, and must be barrier free where practicable.

 In our review of the Compliance Statement submitted in support of this CAFRA permit application along with the various site plans which have been previously noted in this preliminary analysis, the Program concurs with the applicant's position that waterfront access in the City of Asbury Park will be encouraged from the redevelopment of the city.  Based on the above, the Program finds that compliance with this rule has been demonstrated. 

7:7E-8.12 Scenic Resources and Design

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

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

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

      (d) In all areas, except the Northern Waterfront region, the Delaware River Region and Atlantic City, new coastal development adjacent to a bay or ocean or bayfront or oceanfront, beach, dune or boardwalk and higher than 15 feet in height measured from the existing grade of the site or boardwalk shall:

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

      2. Be separated from either the beach, dune, boardwalk, or waterfront, whichever is further inland, by a distance of equal to two times the height of the structure.  However, exceptions may be made for infill sites within existing commercial areas along a public boardwalk where the proposed use is commercial and where the set-back requirement is visually incompatible with the existing character of the area.

As noted within the Compliance Statement, there is one building within the redevelopment area that will be closer than the standards normally required for setbacks under this rule.  That building is the Riviera building closest to the Boardwalk located on Block 208 which is part of the Paramount Homes housing project.  The Program, in  considering the location of this building, took into consideration the applicant's proposal that this particular building was situated because of its screening effects to the sewerage treatment plant and 2) to provide a terminus to the reestablishment of Ocean Avenue where the ocean turns into 7^th. 

After careful evaluation of the site lines provided along with the reestablishment or enhancement of public access in this area from a new public plaza, the Program concurs that this building even though while not in strict compliance with the rule, is necessary to complete the project as a whole.   Therefore compliance with this rule has been demonstrated.

7:7E-8.13 Buffers and Compatibility of Uses

(a) Buffers are natural or man-made areas, structures, or objects that serve to separate distinct uses or areas.  Compatibility of uses is the ability for uses to exist together without aesthetic or functional conflicts.

      (b) Development shall be compatible with adjacent land uses to the maximum extent practicable.

      1. Development that is likely to adversely affect adjacent areas, particularly Special Areas N.J.A.C. 7:7E-3, or residential or recreation uses, is prohibited unless the impact is mitigated by an adequate buffer.  The purpose, width and type of the required buffer shall vary depending upon the type and degree of impact and the type of adjacent area to be affected by the development, and shall be determined on a case-by-case basis.

Based on a review of plans submitted by the applicant, the Program finds that they type of development proposed is consistent with existing and prior development, mainly residential with some commercial.  As a result, the project is in compliance with this rule.

7:7E-8.14  Traffic

      (a)  Traffic is the movement of vehicles, pedestrians or ships along a route.

      (b)  Coastal development shall be designed, located and operated in a manner to cause the least possible disturbance to traffic systems.

      1.  Alternative means of transportation, that is, public and private mass transportation facilities and services, shall be considered and, where feasible, incorporated into the design and management of a proposed development, to reduce the number of individual vehicle trips generated as a result of the facility.  Examples of alternative means of transportation include: van pooling, staggered working hours and installation of ancillary public transportation facilities such as bus shelters.

      (c)  When the level of service of traffic systems is disturbed by approved development, the necessary design modifications or funding contribution toward an area wide traffic improvement shall be prepared and implemented in conjunction with the coastal development, the satisfaction of the New Jersey Department of Transportation and any regional agencies.

(d)   Any development that causes a location on a roadway to operate in excess of capacity Level D is discouraged.  A developer shall undertake mitigation or other corrective measures as may be necessary so that the traffic levels at any affected intersection remain at capacity Level D or better.  A developer may, by incorporating design modification or by contributing to the cost of traffic improvements, be able to address traffic problems resulting from the development, in which case development would be conditionally acceptable.  Determinations of traffic levels which will be generated will be made by the New Jersey Department of Transportation

(e)    Coastal development located in municipalities which border the Atlantic Ocean, except as excluded under (e) 1, 2 or 3 below, shall provide sufficient on-site and/or off-site parking for its own use at a ratio of two spaces per residential unit.  In general, on street parking spaces along public roads cannot be credited as part of off-site parking provided for a project.  All off-site parking facilities must be located either in areas within reasonable walking distance to the development or areas identified by any local or regional transportation plans as suitable locations.  All off-site parking facilities must also comply with N.J.A.C. 7:7E-7.5(d), the parking facility rule, where applicable.

The issue of parking has been an item of discussion ever since Asbury Partners initiated discussions with the Department concerning the redevelopment of Asbury Park.  As noted in the traffic rule, for oceanfront residential development, applicants are required to provide two on-site parking spaces per dwelling unit. 

The applicant has noted that the construction of two spaces per dwelling unit within the confines of the blocks of the redevelopment area is not feasible. The applicant has proposed the onsite construction of 1.5 spaces per dwelling unit with the remainder of .5 spaces to be made up by onstreet parking. The applicant's position has been that: (1) there are a large number of existing on-street parking spaces throughout the city; (2) there is a substantial amount of existing public mass transit service in Asbury Park including 5 bus routes along Kingsley Ave; (3) that there is a jitney service that runs along Ocean Avenue and connects to the New Jersey Transit station located on Main Street by City Hall;  and (4) the overall plan is set up to encourage the use of mass transit into the city with quick service from the train station to the beach by the jitney service.  Because of the availability of mass transit within the city, the applicant feels that the dependence on private auto for commuting and some shopping trips would be diminished as a number of visitors will visit the city utilizing mass transit service thereby not requiring 2 parking spaces per dwelling unit.   In addition, the applicant contends that because of this urban setting, people will not be as dependent on cars for most of their convenient shopping, restaurant and recreation trips. 

Overall there are 3,164 dwelling units anticipated for construction under the redevelopment plan.  This will result in the provision of 4,746 spaces within structured parking directly associated with the new residential developments.  In addition to the 1.5 spaces for unstructured parking to be contained within the residential development, the applicant is also proposing to supplement this off street parking by construction of a 200 space facility behind the residential hotel parking slated for Block 145 behind the Empress hotel. In addition, the applicant proposes to construct a surface parking lot of 113 spaces on block 221 which is associated with the reestablishment of the dune and fishing area of the northern portion of the city.

Based on the above discussions and information provided by the applicant, the Program is evaluating the parking issues and will make a determination of acceptability in terms of the overall transportation plan within the city, the existing mass transportation components, and the dwelling types/sizes being proposed as part of this development part. 

It should be noted that the Program does see opportunities to provide surface parking areas that are not currently undergoing construction as a means of providing additional offstreet parking for developments and encourages the applicant to consider this as part of the long-term redevelopment planning.

13:19-10 REVIEW OF APPLICATIONS; REQUIRED FINDINGS

The Commissioner shall review filed applications, including the environmental impact statement and all information presented at public hearings.  He shall issue a permit only if he finds that the proposed facility:

a.       Conforms with all applicable air, water and radiation emission and effluent standards and all-applicable water quality criteria and air quality standards.

b.      Prevents air emissions and water effluents in excess of the existing dilution, assimilative and recovery capacities of the air and water environments at the site and within the surrounding region.

c.       Provides for the handling and disposal of litter, trash, and refuse in such a manner as to minimize adverse environmental effects and the threat to the public health, safety, and welfare.

d.      Would result in minimal feasible impairment of the regenerative capacity of water aquifers or other ground or surface water supplies.

e.       Would cause minimal feasible interference with the natural functioning of plant, animal, fish, and human life processes at the site and within the surrounding region.

f.        Is located or constructed so as to neither endanger human life or property nor otherwise impair the public health, safety, and welfare.

g.       Would result in minimal practicable degradation of unique or irreplaceable land types, historical or archeological areas, and existing scenic and aesthetic attributes at the site and within the surrounding region.

ANALYSIS

a.      As detailed earlier in this analysis under air quality, DEP has requested additional information from the applicant concerning air quality impacts potentially resulting from intersection problems that have a Level of Service (LOS) in excess of Level D. Until DEP is able to review the requested air quality analysis, compliance with this section can not be demonstrated.

·        The applicant has proposed a series of upgrades to the storm water system to include installation of storm septors, upgrades of stormwater pipes and stabilization of outlets in Lily, Sunset and Deal Lakes. As a result, compliance with this section has been demonstrated.

·        All wastewater generated by the proposed development will be treated at the nearby Wastewater treatment Plant (WWTP). The WWTP currently has the capacity to handle 0.67 MGD of additional flows. In addition and given the build out time frame of the project as a whole, the WWTP will realize additional capacity of .195 GPD as repairs are made to the system thereby preventing inflow into the system and will also realize additional capacity by the replacement of existing units with new units. As a result, this section has been complied with.

b.      As noted in a above, the applicant has demonstrated that water effluents for waste water and stormwater generated by the development will prevent effluents that exceed the existing dilution, assimilative capacities of the water environment at the site and within the surrounding region. Until the requested information for air quality has been received and reviewed by DEP, a positive finding for the air quality section of this rule can not be made.

c.       The project will provide adequate trash pickup in a manner that will minimize adverse environmental impacts to the environment and that will protect public health safety and welfare.

d.      As detailed in the “Statement of Compliance with the rules on Coastal Zone Management dated May 2003” the applicant’s consultant noted that the water purveyor (American Water Company) was hesitant to commit to providing water service beyond phase two of the development or the construction of 2,174 dwelling units. To supplement this position, the applicant submitted an additional letter from the supplier noting that the project as proposed would require the issuance of a Safe Drinking Water Permit from DEP’s Water Allocation Bureau but that the supplier could not guarantee if the permit would be issued. However, the letter did not confirm the previous position represented by the applicant’s consultant nor did it commit to service any of the construction proposed under the re-development plan. Therefore as a request for additional and before this CAFRA application can be declared complete for review, the applicant shall submit either a Safe Drinking Water Permit or provide a letter of commitment from American Water Company.

e.      The Program finds that given the blighted nature of the majority of the re-development area, has made the finding there will be minimal interference with the natural functioning of plant, animal, fish and human processes at the site and within the region.

f.        The project is located such that it will promote the long-term revitalization of Asbury Park resulting in a better quality of life for the city’s population at large. In addition, construction will occur in a fashion that will prevent or otherwise impair public health, safety and welfare.

g.      As discussed earlier under Historic Resources, the issue of maintaining historic structures within the re-development area had been a topic of discussion long before the application for re-development was submitted. Provided the Master builder the guidelines established in their letter of March 21, 2002 letter to the Office of Historic and Natural resources, the Program is able to make the positive finding, relative to historic resources, as required by this section of the statute.

Based on the analysis above and as a request for additional information and prior to this application being declared complete for review, the following shall be submitted to the Program for review and approval:

·        Air Quality Analysis for the following intersections:

a.      Route 33 and Memorial Avenue

b.      Route 33 and New Jersey Route 71

c.       Asbury Avenue and Memorial Ave

d.      Asbury Avenue and Route 71

·        Letter of commitment from American Water Company specifying the number of units they are willing/able to provide service to or in the absence of a commitment letter, supply a copy of a Safe Drinking Water Permit from DEP’s Bureau of Water Allocation.

CONCLUSION

Based on the above analysis, it appears the application for the redevelopment of Asbury Park is conditionally acceptable under the Rules on Coastal Zone Management. However, the items detailed below shall be supplied to the Program prior to declaring the application complete for review.

The applicant is reminded that the application cannot be considered “complete for final review” until acceptable responses have been received by the Program to all of the informational requests contained within this analysis, as well as any questions raised at the public hearing or by letters received within the public comment period.

1.      Address in detail how the proposed parking lot complies with the dune rule and how the dune creation and enhancement plan will result in an overall improvement in the dune system.

2.      Provide clarification on why the public beach club between 1^st and 2^nd Avenues cannot function from an economic perspective if constructed at one story.

3.      Provide a detailed engineering drawing showing the location of the town homes in relation to the existing V-zone boundary.

4.      Provide a detailed narrative on how all structures detailed in the discussion on beaches, comply with the Beach Rule.

5.      Provide to the Department, new impervious calculations for the prime renewal area and the infill/rehabilitation area to further clarify the amount of legally existing impervious cover existing at he time of permit application.

6.      Submit to the Program landscape proposal and implementation schedule that makes up for the 2.09 acre forest planting deficit

7.      Provide a projected rehabilitation schedule for the roads and sewer line as originally requested by the Program on June 24, 2003.

8.      Provide a commitment letter from American Water Company for potable water or in the absence of a commitment letter, provide a copy of a Safe Drinking Water Permit from DEP’s Bureau of Water Allocation. .

9.      Provide air quality analysis for the following intersections:

·        New Jersey Route 33 and Memorial Avenue

·        NJ Route 31 and New Jersey Route 71

·        Asbury Avenue and Memorial Avenue and

·        Asbury Avenue and NJ Route 71

10.  Address and detail as appropriate, any shore protection structures (bulkhead) that are proposed as part of the townhome development.

Prepared by: ____________________                                          ______________

                     Kevin J. Broderick                                                            Date