N.J. Admin. Code § 7:7-4.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7-4.7 - Permit-by-rule 7 - expansion or relocation (with or without expansion) landward or parallel to the mean high water line of the footprint of a residential or commercial development

(a) This permit-by-rule authorizes the expansion or relocation (with or without expansion) landward or parallel to the mean high water line of the footprint of a legally constructed residential development, including accessory development such as sheds, garages, pools, and driveways, or commercial development that has been or could have been legally occupied in the most recent five-year period, provided:

1. The expansion or relocation is in compliance with the applicable requirements or codes of municipal, State, and Federal law;

2. Except as provided in (a)8 below, the expansion or relocation is not proposed on a beach, dune, or wetland;

3. In the case of residential development, the expansion does not result in an increase in the number of dwelling units;

4. In the case of commercial development, the expansion does not result in an increase in the number of parking spaces or equivalent parking area associated with the development;

5. Except as provided in (a)8 below, the expansion or relocation does not result in additional impacts to special areas as defined at N.J.A.C. 7:7-9;

6. The expansion or relocation meets the requirements of 7:7-9.25 and 9.26; and

7. The expansion does not increase the surface area of the footprint of the development by a cumulative total of more than 400 square feet on the property constructed after July 19, 1994. For an example of how the cumulative total limitation would apply, see (a)3 above.

8. Where the expansion includes structures such as stairs or an ADA-compliant ramp, which are constructed only for access to a residential or commercial development required to be elevated pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23, in accordance with the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, there is no feasible alternative location for these structures outside of a beach, dune, wetland, or other special areas as defined at N.J.A.C. 7:7E-3. ADA means the Americans with Disabilities Act of 1990 ( 42 U.S.C. §§ 1201 et seq.).

N.J. Admin. Code § 7:7-4.7

Renumbered from 7:7-7.2(a)(8) by 47 N.J.R. 1392(a), effective 7/6/2015