Current through Register Vol. 56, No. 6, March 18, 2024
(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 7:7-9.46;
3. Where the high-rise structure is a building or complex of buildings that comprises both a low-rise component(s) that is six stories or 60 feet or less in height as measured from preconstruction ground level and a component(s) that is more than six stories or more than 60 feet in height as measured from existing preconstruction ground level, the longest lateral dimension of each component that is more than six stories or more than 60 feet in height as measured from existing preconstruction ground level must be oriented perpendicular to the beach or coastal waters. This restriction does not apply to 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. To the maximum extent practicable, 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;
5. High-rise structures outside of the Hudson River waterfront special area as defined by 7:7-9.46 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 sections of this chapter;
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.
(c) The high-rise structures rule shall not apply to the following types of development:
1. Development in Atlantic City;
2. Utility structures that have a demonstrated need; or
3. Wind turbines.
(d) Rationale: Considerable recent residential development along the coast, from the Palisades to the barrier islands, has taken the form the high-rise, high-density towers. While conserving land, some high-rise structures represent a visual intrusion, cause adverse traffic impacts, and cast shadows on beaches and parks. This rule seeks not to ban high rise structures, but to provide criteria for their development at suitable locations and in appropriate orientation with regard to the coastline in the coastal zone.
