Sponsored by:
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
Senator JOSEPH M. KYRILLOS, JR.
District 13 (Monmouth)
SYNOPSIS
Allows development on piers in coastal high hazard areas in certain urban municipalities.
CURRENT VERSION OF TEXT
As reported by the Senate Environment and Energy Committee on April 25, 2013, with amendments.
An Act concerning waterfront development in special urban areas and supplementing Title 12 of the Revised States.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and determines that:
a. Rules and regulations adopted by the Department of Environmental Protection pursuant to R.S.12:5-1 et seq. allow residential development, including hotels and motels, on existing piers in coastal high hazard areas in Atlantic City, subject to certain conditions set forth in those rules and regulations;
b. These rules and regulations also allow housing, hotels, motels, and mixed use and commercial development on piers over large rivers in special urban areas, subject to certain conditions set forth in those rules and regulations, but do not allow such development in coastal high hazard areas outside of Atlantic City; and
c. It is the public policy of this State to encourage development that will help to restore the economic and social viability of special urban areas.
2. a. Notwithstanding the provisions of any other law, ordinance, or rule or regulation to the contrary, residential development, hotels, motels, mixed use development, and commercial development 1[may] shall1 be permitted 1by the Department of Environmental Protection1 on a pier 1in existence on the effective date of this act that is1 located over a large river in a coastal high hazard area within a qualifying municipality 1[, provided that the development otherwise complies with all applicable laws, ordinances, rules and regulations]1.
b. Except as provided in subsection a. of this section, nothing in this section shall affect the authority of the Department of Environmental Protection 1or any other State agency or local government unit1 to 1otherwise1 regulate development 1on a pier1 located in a qualifying municipality 1[or]1 in a coastal high hazard area.
c. As used in this section:
"Coastal high hazard area" means a flood prone area subject to high velocity winds (V zones) as delineated on a Flood Insurance Rate Map prepared by the Federal Emergency Management Agency, extending from the offshore to the inland V zone boundary line as designated on the Flood Insurance Rate Map.
"Qualifying municipality" means a municipality eligible for aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.).
3. This act shall take effect immediately.