only within Urban Waterfronts as set (IV) Structures shall not out below. extend more than 20 (i) Existing structures over feet waterward of coastal wetlands, estuarine the normal high waters or public trust areas water level or may be used for commercial normal water level; non-water dependent (V) Structures shall be purposes provided that the elevated at least structure promotes, fosters, three feet over the enhances or accommodates wetland substrate as public benefit. Commercial, measured from the non-water dependent uses bottom of the shall be limited to restaurants decking; and retail services. (VI) Structures shall Residential uses, lodging and have no more than new parking areas shall be six feet of any prohibited. dimension (ii) For the purposes of this Rule, extending over existing enclosed structures coastal wetlands; may be replaced and or (VII) Structures shall not and/or expanded vertically interfere with access provided that vertical to any riparian expansion does not exceed property and shall the original footprint of the have a minimum structure, is limited to one setback of 15 feet additional story over the life between any part of of the structure structure, and the structure and the is consistent with local adjacent property requirements or limitations. owners' areas of (iii) New structures built for riparian access. The dependent purposes are line of division of limited to pile-supported, areas of riparian single-story, unenclosed access shall be decks and boardwalks, and established by shall meet the following drawing a line along criteria: the channel or deep (I) The proposed water in front of the development shall properties, then provide for drawing a line enhanced public perpendicular to the access to the line of the channel shoreline; so that it intersects (II) Structures may be with the shore at the roofed but shall not point the upland be enclosed by property line meets partitions, plastic the water's edge. sheeting, screening, The minimum netting, lattice or setback provided in solid walls of any the rule may be kind and shall be waived by the limited to a single written agreement story; of the adjacent (III) Structures shall be riparian owner(s) or pile supported and when two adjoining require no filling of riparian owners are coastal wetlands, co-applicants. estuarine waters or Should the adjacent public trust areas; property be sold before construction
only within Urban Waterfronts as set out below. (i) Existing structures over coastal wetlands, estuarine waters or public trust areas may be used for commercial non-water dependent purposes provided that the structure promotes, fosters, enhances or accommodates public benefit. Commercial, non-water dependent uses shall be limited to restaurants and retail services. Residential uses, lodging and new parking areas shall be prohibited. (ii) For the purposes of this Rule, existing enclosed structures may be replaced and or and/or expanded vertically provided that vertical expansion does not exceed the original footprint of the structure, is limited to one additional story over the life of the structure structure, and is consistent with local requirements or limitations. (iii) New structures built for dependent purposes are limited to pile-supported, single-story, unenclosed decks and boardwalks, and shall meet the following criteria: (I) The proposed development shall provide for enhanced public access to the shoreline; (II) Structures may be roofed but shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice or solid walls of any kind and shall be limited to a single story; (III) Structures shall be pile supported and require no filling of coastal wetlands, estuarine waters or public trust areas; (IV) Structures shall not extend more than 20 feet waterward of the normal high water level or normal water level; (V) Structures shall be elevated at least three feet over the wetland substrate as measured from the bottom of the decking; (VI) Structures shall have no more than six feet of any dimension extending over coastal wetlands; (VII) Structures shall not interfere with access to any riparian property and shall have a minimum setback of 15 feet between any part of the structure and the adjacent property owners' areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co-applicants. Should the adjacent property be sold before construction
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