SENATE, No. 1897
STATE OF NEW JERSEY
INTRODUCED MARCH 10, 1997
By Senator CIESLA
An Act concerning development in the coastal area and amending P.L.1993, c.190.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1993, c.190 (C.13:19-5.2) is amended to read as follows:
7. A permit shall not be required pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for:
a. A development which has received preliminary site plan approval pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or a final municipal building or construction permit on or prior to the effective date of this section, or a residential development which has received preliminary subdivision approval or minor subdivision approval on or prior to the effective date of this section where no subsequent site plan approval is required, provided that, in any of the cases identified above, construction begins within three years of the effective date of this section, and continues to completion with no lapses in construction activity of more than one year. This subsection shall not apply to any development that required a permit pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) prior to the effective date of this section;
b. The reconstruction of any development that is damaged or destroyed, in whole or in part, by fire, storm, natural hazard or act of God, provided that such reconstruction is in compliance with existing requirements or codes of municipal, State and federal law;
c. The enlargement of any development if the enlargement does not result in:
(1) the enlargement of the footprint of the development; or
(2) an increase in the number of dwelling units within the development;
d. The construction of a patio, deck or similar structure at a residential development;
e. Services provided, within the existing public right-of-way, by any governmental entity which involve:
(1) the routine reconstruction, substantially similar functional replacement, or maintenance or repair of public highways;
(2) public highway lane widening, intersection and shoulder improvement projects which do not increase the number of travel lanes; or
(3) public highway signing, lighting, guiderail and other nonintrusive safety projects; [or]
f. The expansion of an existing, functional amusement pier, provided such expansion does not exceed the footprint of the existing, functional amusement pier by more than 25 percent, and provided such expansion is located in the area beyond 150 feet landward of the mean high water line, beach or dune, whichever is most landward ; or
g. The enclosure, by construction of a solid exterior wall or walls, of an existing building or structure that has a roof but is not enclosed by solid exterior walls on all sides of the building or structure, or the replacement of an existing building or structure that has a roof but is not enclosed by solid exterior walls on all sides of the building or structure, with a building or structure that has a roof and solid exterior walls, for the sole purpose of providing a bath house or rest rooms, whether publicly or privately owned or operated, provided that (1) the bath house or rest rooms are open for public use, with or without charge, (2) the footprint of the bath house or rest rooms does not exceed 115% of the footprint of the existing building or structure prior to enclosure or replacement, (3) the footprint of the bath house or rest rooms shall be determined by making a vertical projection to the horizontal plane of the exterior surface of all exterior walls of the building or structure, and the footprint of the existing building or structure prior to enclosure or replacement shall be determined in the same manner, except where there are no solid exterior walls, by making a vertical projection to the horizontal plane of the exterior surface of all exterior posts or pilings supporting the roof of the building or structure, and (4) the existing building or structure prior to enclosure or replacement was constructed prior to the date of enactment of P.L. , c. (C. ) (now before the Legislature as this bill). Notwithstanding any provision of this subsection to the contrary, construction of outdoor showers, with pads made of concrete or any other material, adjacent or attached to a bath house or rest rooms shall be permitted under the exemption provided by this subsection, and the area of those pads shall not be included within the calculation of the footprint of the bath house or rest rooms for the purposes of this subsection .
A development subject to any exemption provided in this section shall be required to satisfy all other applicable requirements of law.
(cf: P.L.1993, c.190, s.7)
2. This act shall take effect immediately.
STATEMENT
This bill would provide that a CAFRA permit shall not be required to enclose an existing open-air building or structure, or to replace that existing open-air building or structure with an enclosed building or structure, for the sole purpose of providing a bath house or rest rooms (whether publicly or privately owned or operated) that are open for public use, with or without charge, provided that (1) the footprint of the bath house or rest rooms does not exceed 115% of the footprint of the existing open-air building or structure prior to enclosure or replacement, and (2) the existing open-air building or structure was constructed prior to the date of enactment of the bill.
Allows enclosure or replacement of open-air structure for use as bath house or rest rooms without need to obtain CAFRA permit.