Bill Text: NJ S308 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires issuance of general permit for beach food and drink concession stands under certain circumstances pursuant to CAFRA.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S308 Detail]
Download: New_Jersey-2012-S308-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Requires issuance of general permit for beach food and drink concession stands under certain circumstances pursuant to CAFRA.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning construction in certain parts of the coastal area, and supplementing P.L.1973, c.185 (C.13:19-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other provision of P.L.1973, c.185 (C.13:19-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the department shall issue a general permit in lieu of a permit issued pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for construction of any seasonally operated open air food and drink service concession stand on a beach at a hotel or motel. An open air food and drink service concession stand authorized pursuant to this section may be used to provide entertainment and may include canopied shelters, cabanas, stage platforms, storage, decking, portable restrooms and underground utilities. The department shall not modify the criteria set forth in this section for the issuance of a general permit pursuant to this section.
b. A general permit shall be issued pursuant to this section provided that the concession stand:
(1) provides total coverage of less than one acre;
(2) is not located on a dune or coastal bluff;
(3) is located at least 50 feet from any wetland;
(4) does not result in the grading, excavation, or filling of the beach;
(5) does not adversely impact the beach;
(6) does not unreasonably obstruct ocean views or limit other beach uses;
(7) is located at least 50 feet landward of the mean high water line, or on the most landward portion of the beach if the beach is less than 50 feet in width;
(8) is made available for the regular use of the public;
(9) is operated only from May 1 through October 31;
(10) does not include fully enclosed accessory elements such as storage sheds and portable restrooms, as well as movable furniture, fixtures and equipment, from November 1 through March 15; and
(11) does not occupy more than a total of 40 percent of the total width of the beach berm area.
c. The provisions of this section shall apply only to general permits for concession stands in a municipality in which casino gaming is authorized.
2. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (DEP) to issue a general permit in lieu of a permit issued pursuant to section 5 of the "Coastal Area Facilities Review Act," P.L.1973, c.185 (C.13:19-5), commonly known as CAFRA, for the construction of any seasonally operated open air food and drink service concession stand on a beach at a hotel or motel. The bill would provide that an open air food and drink service concession stand on the beach may be used to provide entertainment and may include canopied shelters, cabanas, stage platforms, storage, decking, portable restrooms and underground utilities. The bill would also provide that the DEP may not modify the criteria set forth in the bill for the issuance of a general permit.
The general permit is required to be issued if the concession stand: provides total coverage of less than one acre; is not located on a dune or coastal bluff; is located at least 50 feet from any wetland; does not result in the grading, excavation, or filling of the beach; does not adversely impact the beach; does not unreasonably obstruct ocean views or limit other beach uses; is located at least 50 feet landward of the mean high water line, or on the most landward portion of the beach if the beach is less than 50 feet in width; is made available for the regular use of the public; is operated only from May 1 through October 31; does not include fully enclosed accessory elements such as storage sheds and portable restrooms, as well as movable furniture, fixtures and equipment, from November 1 through March 15; and does not occupy more than a total of 40 percent of the total width of the beach berm area.
The provisions of the bill would apply only to general permits for concession stands in a municipality in which casino gaming is authorized.
