N.J. Admin. Code § 7:7-1.5 Definitions
| Library | New Jersey Administrative Code |
| Edition | 2023 |
| Currency | Current through Register Vol. 55, No. 48, December 18, 2023 |
| Citation | N.J. Admin. Code § 7:7-1.5 |
| Year | 2023 |
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Additional definitions specifically applicable to N.J.A.C. 7:7-13, Requirements for Impervious Cover and Vegetative Cover for General Land Areas and Certain Special Areas, are set forth at N.J.A.C. 7:7-13.2. Additional definitions specifically applicable to N.J.A.C. 7:7-17, Mitigation, are set forth at N.J.A.C. 7:7-17.1.
"Acceptable" means that a proposed use of coastal resources is likely to be approved.
"Administratively complete" means that every item required on the application checklist for the coastal permit being sought is included in the application.
"Amusement pier" means an elevated, pile-supported structure located on a beach and/or tidal water, seaward of a bulkhead or boardwalk, and perpendicular to the mean high water line, on which amusements are located. For purposes of this definition, "amusements" includes rides, games of skill or chance for prizes other than cash payoffs, and vendors of toys and/or other merchandise. "Amusements" also means bar and restaurant establishments and entertainment venues such as stage and band shells and associated seating areas. "Amusements" do not include games for cash payoffs.
"Area" means "site," as defined elsewhere in this section.
"Beach" means the special area described at N.J.A.C. 7:7-9.22(a).
"Beach berm" means the nearly horizontal part of the beach lying between the crest of the berm and the toe of the primary dune or first paved public right-of-way, whichever is more waterward. The berm is the sloping portion of the beach profile from the upper limit of wave up-rush to the lower limit of wave run-down at low tide.
"Bulkhead" means a vertical shore protection structure installed to withstand the forces of waves and currents. A bulkhead is not a "revetment" or a "gabion" as defined elsewhere in this section.
"CAFRA" means the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq.
"CAFRA area" means the "coastal area" defined in CAFRA at N.J.S.A. 13:19-4.
"Charitable conservancy" means a corporation or trust that meets the definition of a charitable conservancy at N.J.S.A. 13:8B-2. (Note: As of July 6, 2015, the definition of charitable conservancy at N.J.S.A. 13:8B-2 is a corporation or trust whose purposes include the acquisition and preservation of land or water areas or of a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which has received tax exemption under section 501(c) of the 1954 Internal Revenue Code.)
"City of the fourth class" means a city as defined at N.J.S.A. 40A:6-4d which borders on the Atlantic Ocean and which is a seaside or summer resort.
"Coastal bluff" means the special area described at N.J.A.C. 7:7-9.29(a).
"Coastal permit" or "permit" means a permit or an authorization issued under this chapter pursuant to CAFRA, the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., or the Waterfront Development Law, N.J.S.A. 12:5-3.
"Coastal zone" means the areas described at N.J.A.C. 7:7-1.2(b).
"Commercial development" means a development designed, constructed, or intended to accommodate commercial, retail, or office uses. "Commercial development" shall include, but need not be limited to, any establishment used for the wholesale or retail sale of food, beverage, or other merchandise, or any establishment used for providing professional, financial, or other commercial services.
"Commissioner" means the Commissioner of the Department, or designated representative.
"Complete for public comment" means that an application for a CAFRA individual permit is both administratively and technically complete and is ready for the public comment process set forth at N.J.A.C. 7:7 -26.4.
"Complete for public hearing" means that an application for a CAFRA individual permit is both administratively and technically complete and is ready for the public hearing and comment process set forth at N.J.A.C. 7:7-26.5.
"Complete for review" means that an application for a coastal permit is both administratively and technically complete and is ready to be evaluated by the Department for compliance with the applicable requirements of this chapter. However, an application for a CAFRA individual permit is complete for review only when it is both administratively and technically complete and either the public comment process set forth at N.J.A.C. 7:7-26.4 or the public hearing and comment process set forth at NJ.A.C. 7:7-26.5 has been completed.
"Conditionally acceptable" means that a proposed use of coastal resources is likely to be acceptable, provided that conditions specified in the rules are satisfied.
"Conservation restriction" means a restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural state, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or for public access to tidal waterways and their shores, or as suitable habitat for fish or wildlife, to forbid or limit any or all of the following:
1. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground;
2. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;
3. Removal or destruction of trees, shrubs or other vegetation;
4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance;
5. Surface use except for the purposes permitting the land or water area to remain predominantly in its natural condition;
6. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation; and/or
7. Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter.
"Deck" means a horizontal platform that is not enclosed by windows, walls, doors, or screens and is not covered by a roof.
"Department" means the Department of Environmental Protection.
"Development" means any activity for which a coastal wetlands permit, waterfront development permit, or Federal consistency determination is required, including site preparation and clearing. Development for an application under CAFRA means the construction, relocation, or enlargement of the footprint of development of any building or structure and all site preparation therefor, the grading, excavation, or filling on beaches and dunes, and shall include residential development, commercial development, industrial development, and public development. Development under CAFRA and the Waterfront Development Law does not include repairs or maintenance such as replacing siding, windows, or roofs, unless such repairs or maintenance are associated with enlargements which are not exempt under CAFRA pursuant to N.J.A.C. 7:7-2.2(c)4 or the Waterfront Development Law pursuant to N.J.A.C. 7:7-2.4(d). Development under CAFRA does not include debris removal or cleanup provided such activities do not involve excavation, grading, or filling on beaches and dunes.
"Discouraged" means that a proposed use of coastal resources is likely to be rejected or denied as the Department has determined that such uses of coastal resources should be deterred. In cases where the Department considers the proposed use to be in the public interest despite its discouraged status, the Department may permit the use provided that mitigating or compensating measures can be taken so that there is a net gain in quality and quantity of the coastal resource of concern.
"Division" means the Division of Land Use Regulation in the Department.
"Dredged material" means the sediment removed from below the spring high water line. In accordance with the Solid Waste rules at N.J.A.C. 7:26-1.6, dredged material is not considered a solid waste.
"Dredging" means the removal of sediment located waterward of the spring high water line. Dredging does not include excavation.
"Dune" means the special area described at N.J.A.C. 7:7-9.16(a).
"Duplex" means a residential structure of two attached units in which the interior living space of one unit directly abuts the interior living space of the other unit, either in a side-by-side arrangement sharing a common wall or in a lower unit-upper unit arrangement.
"Dwelling unit" means a house, townhouse, apartment, cooperative, condominium, cabana, hotel or motel room, a patient/client room in a hospital, nursing home or other residential institution, mobile home, campsite for a tent or recreational vehicle, floating home, or any other habitable structure of similar size and potential environmental impact, except that dwelling unit shall not mean a vessel as defined at N.J.S.A. 12:7-71.
"Electrical substation" means a subsidiary facility of an electric power system through which electricity is passed for transmission, transformation, or distribution. For example, an electrical...
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