N.J. Admin. Code § 7:7-9.21

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7-9.21 - Bay islands

(a) Bay islands are islands or filled areas surrounded by tidal waters, wetlands, beaches, or dunes, lying between the mainland and barrier island. Such islands may be connected to the mainland or barrier island by elevated or fill supported roads. Existing lagoon edges (N.J.A.C. 7:7-9.24) are not bay islands.

1. In cases where a bay island is also a filled water's edge (7:7-9.23 ), the more restrictive provisions of the two rules shall apply.

2. For the purposes of this chapter, the areas listed below are not considered bay islands. The impervious cover limits for these areas are determined under the special area rules at N.J.A.C. 7:7-9where applicable, and/or under N.J.A.C. 7:7-13.

OCEAN COUNTY

Bonnett Island, Stafford Township

Chadwick Island, Dover Township

Channel Island, Mantoloking Borough

Osborne Island, Little Egg Harbor Township

Pelican Island, Dover/Berkeley Townships

West Point Island, Lavallette Borough

ATLANTIC COUNTY

Bader Field, Atlantic City

Chelsea Heights, Atlantic City

Venice Heights, Atlantic City

Ventnor Heights, Ventnor City

CAPE MAY COUNTY

Princeton Harbor, Avalon Borough

Shawcrest/Hildreth Island, Lower and Middle Townships. The areas mapped as Shawcrest/Hildreth Island are identified in the Department's Geographic Information System(GIS) coverage, titled "Shawcrest/Hildreth Island." This coverage is available as a download at the CAFRA layers webpage: http://www.nj.gov/dep/gis/listall.html

West Wildwood, Wildwood City

West 17th Street, Ocean City

(b) On bay islands which abut either a paved public road or a conveyance component of an offsite treatment, conveyance and disposal system with adequate capacity to convey, treat, and dispose of the sewage generated from the proposed development, or which abut neither a paved public road nor such a conveyance, non-water dependent development is prohibited unless it meets the standards of (d) below and water dependent development is discouraged. Water dependent development is conditionally acceptable provided that:

1. Impervious cover does not exceed three percent of the bay island portion of the site (except pursuant to (d) below);

2. For a bay island portion of a site that is forested as determined at 7:7-13.5, at least 30 percent of the existing forest shall be preserved in accordance with 7:7-13.4(d), and the remainder shall be planted with herb/shrub vegetation that is adapted to the substrate and other environmental conditions of the site; and

3. For a bay island portion of a site that is unforested as determined at 7:7-13.5, at least five percent of the bay island portion shall be planted with trees in accordance with 7:7-13.4(d) and (e), and the remainder shall be planted with herb/shrub vegetation that is adapted to the substrate and other environmental conditions of the site.

(c) On bay islands which abut a paved public road and abut the conveyance component of an offsite treatment, conveyance, and disposal system with adequate capacity to convey, treat, and dispose of the sewage generated from the proposed development, development is conditionally acceptable as follows:

1. Water dependent development is conditionally acceptable, provided that:

i. Impervious cover does not exceed 30 percent of the bay island portion of the site (except pursuant to (d) below);

ii. For a bay island portion of a site that is forested as determined at 7:7-13.5, at least 30 percent of the existing forest shall be preserved in accordance with 7:7-13.4(d), and the remainder shall be planted with herb/shrub vegetation that is adapted to the substrate and other environmental conditions of the site; and

iii. For a bay island portion of a site that is unforested as determined at 7:7-13.5, at least five percent of the bay island portion shall be planted with trees in accordance with 7:7-13.4(d) and (e), and the remainder shall be planted with herb/shrub vegetation that is adapted to the substrate and other environmental conditions of the site; and

2. Non-water dependent development is conditionally acceptable provided that:

i. Impervious cover does not exceed three percent of the bay island portion of the site (except pursuant to (d) below);

3. Impervious cover shall not exceed three percent of the bay island portion of the site unless the development is entirely water dependent and meets (c)1 above, in which case the impervious cover limit shall not exceed 30 percent.

(d) Redevelopment or modification within an existing development on a bay island is conditionally acceptable provided that:

1. The construction of buildings and/or concrete asphalt pavement is located on the area covered by buildings and/or asphalt or concrete pavement legally existing on the site at the time the application is submitted to the Department and does not exceed the existing development as to any one of the following:

i. Number of units; or

ii. Square footage of interior floor space; and

2. Trees shall be planted and/or preserved on at least five percent of the bay island portion of the site in accordance with 7:7-13.4(d) and (e).

(e) Rationale: New Jersey's bay islands are former wetlands where upland areas have been created by past filling, particularly with dredged material. Many are suitable for future dredged material placement. They are adjacent to areas with high environmental sensitivity, particularly wetlands, intertidal flats, tidal waterways, shellfish beds, and endangered and threatened wildlife habitats. Development of the islands would pose a great threat to these natural resources and habitat. The majority of, if not all, bay islands are valuable wildlife habitats or have the potential to become habitat through the implementation of management techniques. Their value, in part, stems from their isolation from human activity as compared to the intense development and beach usage of oceanfront barrier islands. For example, sandy areas are used by beach nesting birds such as least tern, black skimmer, and piping plover, and vegetated areas are used by colonial nesting birds such as heron and non-colonial birds such as marsh hawk. Bay islands are also subject to flooding and by virtue of their location function as bridges between the mainland and barrier islands. If developed, these islands would pose added storm evacuation problems. They are usually distant from public services, and therefore unsuitable for development.

The above list of bay islands which are exempted from the requirements of this rule was established based on a review of the physical conditions of these islands, including environmental sensitivity, accessibility, and level of existing development and infrastructure. Future development on the islands listed above does not pose a significant threat to environmental resources, nor would it adversely affect storm evacuation from the oceanfront barrier islands.

N.J. Admin. Code § 7:7-9.21

Renumbered from 7:7E-3.21 by 47 N.J.R. 1392(a), effective 7/6/2015

Administrative Change, 51 N.J.R. 1193(a).