N.J. Admin. Code § 7:7-6.9

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:7-6.9 - General permit 9 - construction of support facilities at legally existing and operating marinas 7:7-6.9 General permit 9 - construction of support facilities at legally existing and operating marinas

(a) This general permit authorizes the construction of support facilities at legally existing and operating commercial marinas including marinas operated by public agencies, commissions, and authorities.

(b) The construction of the following support facilities listed at (b)1 through 6 below is acceptable provided they comply with the specific conditions for each facility and also with (c) below:

1. Construction of boat rack systems/marina support buildings including, but not limited to, showroom, maintenance/repair, marine supplies, bait/tackle, boat sales, dock masters office buildings, sheds, and storage, excluding residential development provided:

i. The building(s) shall be no more than one story or level;

ii. The building(s) shall be set back a minimum of 15 feet from a shore protection structure and 25 feet from the mean high water line where no shore protection structures are present;

iii. The building(s) and rack system shall be set back a minimum of 50 feet from the inland limit of any wetlands;

iv. The building(s) and rack system shall be located in an existing cleared and maintained area of the site;

v. The marina must provide or maintain restrooms and at least one portable toilet emptying receptacle in accordance with 7:7-15.3(d); and

vi. Marinas with dockage for 25 or more vessels or any one vessel with live aboard arrangement must provide for adequate and conveniently located pumpout facilities.

2. Construction of restroom facilities provided:

i. Discharge from the facilities shall either be to a municipal or regional treatment plant where practicable, or to a subsurface sewage disposal system designed with capacity to accommodate the new restroom facilities in accordance with N.J.A.C. 7:9A;

ii. The restroom building shall be set back a minimum of 15 feet from a shore protection structure and 25 feet from the mean high water line where no shore protection structures are present; and

iii. The restroom building shall be set back a minimum of 50 feet from the inland limit of any wetlands, unless the Department determines that there is no alternate location.

3. Construction of fences, water lines, and new sewer lines to connect restrooms, pumpout facilities, and/or pumpout support facilities to existing sewer lines provided:

i. The construction has no prudent or feasible alternative alignment which would have less impact to special areas as defined at N.J.A.C. 7:7-9;

ii. The construction shall not result in permanent or long term loss of special areas as defined at N.J.A.C. 7:7-9;

iii. The construction utilizes appropriate measures to mitigate adverse environmental impacts to the maximum extent feasible, such as restoration of disturbed vegetation, habitats, and land and water features; and

iv. For sewer lines only:

(1) The sewer line receives a Treatment Works Approval as required in accordance with the Department's rules at N.J.A.C. 7:7-14A, from the Department's Division of Water Quality;

(2) The sewer line shall not result in adverse secondary impacts; and

(3) The sewer line connects to an existing sewer line located on-site or immediately adjacent to the site.

4. Construction of a gasoline pump(s) and associated pipes and tanks on the upland portion of the marina provided:

i. The marina has available adequate floating containment booms and absorbent materials in the event of hydrocarbon spills;

ii. Fuel pumps include back pressure cutoff valves. Main cut-off valves shall be available both at the dock and in the upland area of the marina; and

iii. All necessary approvals for the construction of underground or above ground storage tanks are obtained.

5. Construction of boat handling facilities including, but not limited to, winches, gantries, railways, platforms and lifts, hoists, cranes, fork lifts, and ramps provided:

i. The boat handling facility (excluding boat ramp and railways) is located landward of the mean high water line; and

ii. The boat handling facility is not located in a wetland area.

6. The one time construction of a single marina support building not exceeding a footprint of 120 square feet provided the building is located on the upland portion of the marina and is not located within wetlands.

(c) The construction of support facilities listed at (b)1 through 6 above shall also comply with the following:

1. The marina complies with 7:7-15.3(d), the standards relevant to the construction of marinas;

2. Public access shall be provided in accordance with the lands and waters subject to public trust rights rule, 7:7-9.48, and the public access rule, 7:7-16.9;

3. The development is consistent with the Water Quality Management Plan adopted pursuant to N.J.A.C. 7:15; and

4. The development shall meet the requirements of 7:7-9.25.

(d) Nothing in this section shall be construed to relieve a marina from compliance with applicable requirements of other State or local agencies.

N.J. Admin. Code § 7:7-6.9

Renumbered from 7:7-7.13 by 47 N.J.R. 1392(a), effective 7/6/2015