SENATE, No. 1942
STATE OF NEW JERSEY
INTRODUCED MARCH 20, 1997
By Senators CIESLA and BENNETT
An Act concerning the construction of certain docks and amending R.S.12:5-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.12:5-3 is amended to read as follows:
12:5-3. a. All plans for the development of any waterfront upon any navigable water or stream of this State or bounding thereon, which is contemplated by any person or municipality, in the nature of individual improvement or development or as a part of a general plan which involves the construction or alteration of a dock, wharf, pier, bulkhead, bridge, pipeline, cable, or any other similar or dissimilar waterfront development shall be first submitted to the Department of Environmental Protection [and Energy]. No such development or improvement shall be commenced or executed without the approval of the Department of Environmental Protection [and Energy] first had and received, or as hereinafter in this chapter provided.
b. The following are exempt from the provisions of subsection a. of this section:
(1) The repair, replacement or renovation of a permanent dock, wharf, pier, bulkhead or building existing prior to January 1, 1981, provided the repair, replacement or renovation does not increase the size of the structure and the structure is used solely for residential purposes or the docking or servicing of pleasure vessels;
(2) The repair, replacement or renovation of a floating dock, mooring raft or similar temporary or seasonal improvement or structure, provided the improvement or structure does not exceed in length the waterfront frontage of the parcel of real property to which it is attached and is used solely for the docking or servicing of pleasure vessels; and
(3) Development in the coastal area, as defined in section 4 of P.L.1973, c.185 (C.13:19-4), landward of the mean high water line of any tidal waters.
c. The Department of Environmental Protection shall prohibit the construction of any new dock that would result in the destruction, condemnation or contamination of shellfish habitat or submerged vegetation habitat, except that the department shall approve the construction of a proposed new dock if:
(1) The proposed new dock is located within 100 feet of, and on the property immediately adjacent to, an existing legal dock;
(2) The length of the proposed new dock does not extend any further offshore than the adjacent, existing legal dock, as measured from a point at the mean high water line to the end of the adjacent, existing legal dock;
(3) The proposed new dock has no more than two designated slips or mooring areas;
(4) The width of the proposed new dock does not exceed 5 feet, except for the portion of the dock that serves as a mooring area, where the width and length shall not exceed six and twenty feet, respectively;
(5) A minimum water depth of three feet at mean low water is maintained in the mooring area of the proposed new dock, except that if the water depth in the mooring area is less than three feet, a mechanical lift shall be provided to lift the boats from the water at mooring;
(6) There is no alternative mooring area at the site that would have less impact on the shellfish habitat or the submerged aquatic vegetation; and
(7) No dredging is performed or is necessary for the use of the proposed new dock.
The department shall not approve more than one proposed new dock on a buildable lot. In the case where two or more lots have been assembled for the purpose of building a single family dwelling, the department shall approve only one proposed new dock pursuant to this subsection. In no case shall the department approve a proposed new dock pursuant to this subsection if the approval results in more than one new dock on lots assembled for the purpose of building a single family dwelling.
d. The owner of any new dock approved pursuant to the provisions of subsection c. of this section shall not moor a boat at an area of the dock not designated as a slip or mooring area, as provided pursuant to paragraph (3) of subsection c. of this section, or at an offshore point beyond the allowable length of a new dock, as provided pursuant to paragraph (2) of subsection c. of this section. Any person who violates these provisions shall be subject to the provisions of section 8 of P.L.1952, c.157 (R.S.12:7-51).
e. For the purposes of this subsection and subsections c. and d. of this section, "dock" means a dock, pier, a floating dock, mooring raft or similar structure; and "new dock" means a dock that did not legally exist on the effective date of P.L. , c. (C. )(now before the Legislature as this bill).
2. This act shall take effect immediately.
STATEMENT
This bill would amend the Waterfront Development Act (R.S.12:5-1 et seq.) to require the Department of Environmental (DEP) to approve the construction of a proposed new dock under certain conditions. The bill establishes guidelines for new dock construction that would require that: (1) the new dock is located within 100 feet of an existing, adjacent dock; (2) the length does not exceed that of the adjacent dock; (3) the new dock has no more than two mooring areas; (4) the width of the new dock does not exceed 5 feet, with an exception for the mooring area, which could be somewhat wider; (5) the water depth in the mooring area of the new dock is at least three feet, and if it is lower, a mechanical lift be provided to lift boats from the water; (6) there is no alternative mooring area that would have less environmental impact; and (7) dredging is not performed to construct the new dock. If all of these guidelines are met, the DEP would be required to approve construction of the new dock.
The bill would restrict such approvals to one proposed new dock per buildable lot. In the case where two or more lots have been assembled for the purpose of building a single family dwelling, the department would only be allowed to approve one proposed new dock pursuant to the bill's provisions.
The bill further prohibits the owner of any new dock approved pursuant to the provisions of the bill from mooring a boat at an area of the dock not designated as a mooring area or at an area offshore from the end of the dock. Violations of these provisions would be subject to the penalty provisions established pursuant to R.S.12:7-51, which provide fines of $25, $50 and $100 for the first, second and third or subsequent offenses, respectively.
Requires DEP to approve new dock construction under certain conditions.