New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS
Section 7:7-13.8 - Determining the development potential of a site in the upland waterfront development area
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Development potential is determined by the type of development proposed and the presence or absence of certain development-oriented elements at or near the site of the proposed development, including roads; wastewater conveyance, treatment and disposal system; and existing development. Development potential may be high, medium or low, as determined under 7:7-13.9 through 13.11. A single development potential applies to an entire site.
(b) If a development proposed on a site is inconsistent with the applicable Areawide Water Quality Management Plan adopted under N.J.A.C. 7:15, the development potential cannot be determined for the site. Any development that is inconsistent with the applicable Areawide Water Quality Management Plan is prohibited under 7:7-16.3(b).
(c) The types of development are:
(d) The development potential for a site shall be determined as follows:
(e) If a proposed development is not a residential development, a minor commercial development, a major commercial development, an industrial development, or a campground development, the development potential for the site shall be that for the most similar type of development described at (c) above.
(f) Rationale: The development potential of a site is a ranking that reflects whether there is infrastructure necessary to support a development, and whether there is other development nearby. The Department intends to steer development to areas with existing development-oriented elements to support that development, including roads for access and wastewater treatment and disposal, and areas with existing development. Siting development near existing development and infrastructure is more efficient and results in decreased impacts to the environment as compared to locating development in such a way that new development-oriented elements need to be constructed to access or use the development. If a development is proposed that is inconsistent with the applicable Areawide Water Quality Management Plan, adopted in accordance with N.J.A.C. 7:15, it is prohibited and the site will not be assigned a development potential.
Sites have different development potentials depending upon the type of development proposed. Areas suitable for campgrounds, for example, are more isolated from existing development and provide access to water, beaches, forests, or other natural features. Such an area would not likely be suitable for a major commercial or industrial development, which would be more suited towards an area in proximity to existing development and separated from beaches, forests, and other natural areas.