[From the U.S. Government Printing Office, www.gpo.gov]












JAN  
                      WATERFRONT ACCESS PLAN

                                FOR

                     THE BOROUGH OF FAIR HAVEN
                        MONMOUTH COUNTY, NJ













                        U. S. DEPARTMENT OF COMMERCE NOAA
                        COASTAL SERVICES CENTER
                        2234 SOUTH HOBSON AVENUE
                       CHARLESTON, SC 29405-2413





                          Property of CSC Library



NOTICE:   This report was prepared under contract with the New
          Jersey Department of Environmental Protection, Division
..........of Coastal Resources, Planning Group, with the financial
          assistance of the U.S. Department of Commerce, National
          Oceanic Atmospheric Administration (NOAA), Office of
 HT       Ocean & Coastal Resource Management under the provisions
 168      of the Federal Coastal Zone Management Act, P.L. 92-583,
 F35      a~a amended.
W38
 1990                Prepared by T & M Associates, September, 1990













                          INTRODUCTION



The Fair Haven Waterfront Access Plan was funded by a Local Coastal

Planning Grant f rom the New Jersey Department of Environmental

Protection, Division of Coastal Resources, Planning Group.   The

grant was made possible by New Jersey's participation in the

Federal Coastal Management Program administered by the National

Oceanic Atmospheric Administration (NOAA), Office of ocean &

Coastal Resource Management, under the provisions of the Federal

Coastal Zone Management Act, P.L. 92-583, as amended.



This plan presents the results of an access study conducted by the

Borough of Fair Haven Waterfront Planning committee in an effort

to improve the access to the waterfront of the Navesink River for

all residents of Fair Haven. The report is based on an analysis

of the physical and environmental characteristics of the area as

well as the comments and concerns expressed by the Mayor and

Council of the Borough of Fair Haven, the NJDEP, Bureau of Coastal

Planning & Development, and residents who attended a public hearing

on the plan.



The design concept master plan for public access to Fair Haven's

waterfront provides the Borough with a concept for optimizing

access to the Navesink River for all residents of the Borough and

surrounding areas.  It has been developed in the an appropriate












scale in keeping with the needs of the Borough of Fair Haven and

in a manner consistent with Coastal Resources & Development

policies established by the New Jersey Department of Environmental

Protection, Division of Coastal Resources.













                        TABLE OF CONTENTS





Introduction


Table of Contents


Existing Areas and Land Use Analysis


Special Areas


Design Concept Plan


Consistency of the Design Concept Plan with CAFRA



Figures


Appendices   I
            II












              EXISTING AREAS AND LAND USE ANALYSIS





Waterfront access for the Borough of Fair Haven was studied f or the

entire river frontage in the Borough from the Red Bank border to

the border with Rumson. Refer to Figure 1 (1990 Aerial Photo of

Fair Haven) . There is approximately 2.5 miles of waterfront in the

Borough.   All of the land along the waterfront is in private

residential use, with the exception of three parcels of land. Two

of these parcels are owned and operated as a private yachting club,

and one parcel is owned and operated as a commercial marina.

Several public right-of-ways and common access easements are

located along the length of the waterfront.



The purpose of this study was to investigate the existing access

points along the waterfront from the standpoint of expansion and

enhancement to accommodate a greater number of Borough residents.

The following existing access points were reviewed in detail:.



     1.   The extension of Grange Avenue right-of-way.



     2.   The extension of Hance Road right-of-way.



     3.   The Lewis Lane Property Owners Association access

          easement.














     4.   The Battin Road public launching ramp and facilities

          of the "River Rats".



     5.   The extension of the public right-of-way on Fair

          Haven Road and the municipal fishing pier.



     6.   The extension of public right-of-way on DeNormandie

          Avenue and the facilities of the Fair Haven Yacht

          Works.



     7.   The Shrewsbury Yacht Club facilities and the River

          Oaks Property Owners Association right-of-way.



The Fair Haven Waterfront Study Special Areas Map (Figure 2) shows

the location of each of these existing points in relationship to

the total waterfront in Fair Haven.  The Special Areas Map was

prepared at a scale of 1" = 300' from the current Tax Maps of the

Borough of Fair Haven. Information shown on the existing land uses

was complied during a field survey conducted in May, 1990. Each

access point was studied by the Fair Haven Waterfront Access Plan

Committee and T & M Associates through on-site inspections and

extensive meetings and discussions relative to the limitations and

constraints of the location.  The following text summarizes the

results of this existing use study.














Granae Avenue Riaht-of-Wav



Grange Avenue has a 50 foot right-of-way which terminates at the

Navesink River. At this location the right-of-way slopes steeply

toward the river with bulkheading along the length of the right-

of-way. Adjoining properties are well developed with residential

dwellings  of high value.    The unused  right-of-way  has  some

potential for a passive overlook and sitting area, but much

expansion could not be accommodated.   The site also has acces-

sibility only for residents within the immediate area. There may

be a possibility of providing parking at the end of the street for

approximately three vehicles. Some drainage improvements would be

required at the bulkhead outfall.



Hance Road Riaht-of-Wav



Hance Road is the next road to the east which extends to the

Navesink River. The existing paved cartway ends at Cooney Terrace,

where a small paved right-of-way leads to the river. There is a

stormwater outfall and an eroding beach at this location.  This

site also has limited areas for expansion. Adjoining properties

are substantially developed with high value residential uses. The

right-of-way could be enhanced by widening the paved path to the

river and providing another sitting area and overlook at this












location.   Once again, the utilization would primarily be for

residents in the immediate area of Hance Road. Parking expansion

is extremely limited and could not be provided in sufficient

quantities to allow for usage of residents located elsewhere in the

community.



Lewis Lane Propertv Owners Association Riaht-of-Wav



The Lewis Lane Property Owners Association owns a right-of-way from

the end of Louis Lane at the intersection with Timber Court. This

right-of-way is deeded to all of the homeowners on the Lewis Lane

Development. There is a municipal drainage easement through the

right-of-way which is occupied by a stormwater outfall into the

Navesink River. At the end of the right-of-way there is a small

beach which is currently undeveloped.   Adjoining properties are

substantially developed with high value residential uses.

Additionally, the right-of-way is very narrow from the end of Lewis

Lane to the beach, and can only accommodate single vehicle traffic

or pedestrians.   The right-of-way is also used as the primary

driveway access to two flag lots at the end of Lewis Lane. This

piece of property has limited opportunities for expansion due to

areas available for parking and its limited accessibility to the

majority of residents in Fair Haven. Additionally, acquiring the












rights to use the easement would be difficult and expensive, given

the number of property owners which would have to be contacted and

agreements made thereto.



Battin Road



The Borough of Fair Haven has a municipal boat launching ramp at

the end of Battin Road. This is an asphalt paved ramp leading into

the river. Generally the ramp is an extension of the existing road

cartway. The ramp is impaired due to significant shoaling from the

Fourth Creek and the Navesink River itself, which has made it

impossible for launching boats at low tide. There is a great deal

of erosion and deposition of sand at the mouth of Fourth Creek.

Adjacent to the boat launching ramp is the property owned by the

River Rats Yacht Club. This is a relatively level parcel of land

with a dock and facilities owned and operated by the yachting club.

Currently there is significant conflict between the patrons at the

yacht club and residents using the municipal boat launching

facility. During the summer months cars with trailers block many

driveways along Battin Road while they are utilizing the launching

facility, and it becomes a policing problem when the operators of

the River Rats Yacht Club must keep their facilities clear of

people  utilizing  the  launching  ramp.    These  facilities  are

presently maximized in their utilization. Adjacent properties are












developed with residential uses and enhancement of these facilities

to allow for greater utilization by Borough residents would only

exacerbate a difficult situation.



Fair Haven Road



The Borough of Fair Haven f ishing pier is located at the end of

Fair Haven Road. There is a limited amount of parking along the

right side of Fair Haven Road for residents seeking to utilize the

f ishing pier.   Increased utilization of this facility could be

accomplished with additional parking. There is a vacant lot on the

corner of Fair Waters Lane and Fair Haven Road which is currently

undeveloped. Given the sales prices for similar properties in the

area, this appears to be a very expensive alternative for acquiring

additional parking, given the amount of parking spaces that could

be placed on the one-half acre lot. on the east of Fair Haven Road

there is an existing waterfront dwelling (Lot 1, Block 41) which

is presently for sale. This property is on a similar sized lot and

includes a riparian grant. However, acquisition of this parcel for

parking would be cost prohibitive in that the number of spaces

would be minimal and would require the demolition of an existing

structure.



This parcel is discussed further in the next site.   It was,

therefore, determined that the expansion of the existing fishing












pier property could not be done as a "stand-alone" project given

the useable land in the immediate area.



DeNormandie Road



The DeNormandie Road right-of-way ends at the Navesink River with

an existing beach.   To the northwest is located the Fair Haven

Yacht Works, and to the northeast is a historic single family

residence known as the "Robard House". These properties are also

separated from the Fair Haven Road fishing pier by the existing

dwelling on Lot 1. The Fair Haven Yacht Works represents the only

commercial property 'in Fair Haven located on the river.   It is

currently a non-conforming use in a residential zone. The property

is heavily utilized by boating operations: Over 90 percent of its

land is paved.  There are slips for approximately 70 boats; the

marina also leases out approximately 100 moorings in the river

area. There is an existing refueling facility and a travel launch

for lowering and removing boats. Extending from the DeNormandie

Road right-of-way along the Robard frontage on the river is a small

sandy beach. This beach is currently utilized by residents, and

provides various water activities.   There are several buildings

located on the Yacht Works property.   All buildings are of a

maintenance and repair facility nature, including a small store

which is used as a retail business within the Yacht Works. Many

of the existing residential dwellings in the immediate area are of












a historic nature.   The Borough of Fair Haven has discussed

designating the area as a historic district within the proposed

revisions to its Master Plan.   The Robard House is one of the

oldest structures in the community. This area from Fair Haven Road

to DeNormandie Road is the site of a steamboat ferry dock which was

used until the turn of the century for commerce from Fair Haven to

New York.



The Yacht Works property has a significant potential for providing

waterfront access to the community. It is located relatively in

the middle of the waterfront area in the Borough.   The marina

property is of suf ficient size that adequate parking could be

accommodated for many of the residents desiring to utilize the

waterfront.   Acquisition of the riparian grant on Lot I could

provide a linkage from the municipal f ishing pier to the Yacht

Works and adjoining parcels.



Shrewsburv Yacht Club and River Oaks Riaht-of-Wav Easement



To the extreme east of the waterf ront in Fair Haven, near the

border with Rumson Borough, is located a small private yachting

club and a common access for an adjoining development. Existing

operations of the yacht club indicate that their own parking areas

are inadequate for the utilization of the existing site. Expansion

is hampered by the quality of development on either side of the












property. Available property is also a limitation to the right-

of-way easement for the River Oaks residents.   Additionally,

acquisition of this easement would be difficult given the number

of property owners having claim to the access.



Assessment of all of the access points in the Borough indicated

that the Fair Haven Yacht Works and the riparian lands on Lot 1

would be the most desirable on which to focus development

alternatives.   The following sections will address the CAFRA

special areas located on these properties and the conceptual

development plans proposed for the area.












                         SPECIAL AREAS






The Map of Special Areas (Figure 2) contains the delineation of all

special areas as defined by the Coastal Resources & Development

Policies (current to August 15, 1988). There are 45 special areas

which have been identified in the policies. These are listed in

Appendix I. The following special areas apply to the study area

in Fair Haven:



7:7E-3.2 Shellfish Beds



     (a) "Shellfish beds" are estuarine bay or river bottoms

          (tidelands) that are productive for hard clams

          (Mercenaria mercenaria), soft clams (Mya arenaria),

         eastern  oysters   (Crassostrea  virginica),  bay

         scallops (Argopecten irradians), or blue mussels

          (Mytilus edulis). A productive bed is one which can

         be shown to have a history of natural recruitment

         for one or more of these species, or is leased by

         the State of New Jersey for shellfish culture, or

         is a State Shellfish Management Area.












b)Any development which would result in the destruc-

  tion of presently productive shellfish beds is

  prohibited, unless the development is of national

  interest and no prudent and feasible alternative

  sites exist.



  1.   The term "destruction" includes actions

       of filling to create fast land, overboard

       dumping or disposal of solids or spoils

       which would smother present shellfish

       populations or create unsuitable condi-

       tions'for shellfish colonization, or the

       creation of bottom depressions with

       anoxic water conditions.



  2.   If the development is of national inter-

       est, and will result in the destruction

       of presently productive shellfish beds,

       the applicant shall be responsible for

       the expense incurred to salvage the re-

       source. All such programs shall be co-

       ordinated with the appropriate shellfish

      management agency.














(c) Any coastal development which would result in

    contamination or condemnation of shellfish beds is

    prohibited. Development which would significantly

    alter the water quality, salinity regime, substrate

    characteristics (as through runoff and sedimenta-

    tion) , natural water circulation patten, or natural

    functioning of the shellfish beds during the con-

    struction or operation of the development is

    prohibited.



(d)  Water-dependent  development  which  requires  new

    dredging adjacent to shellfish beds is discouraged

    and shall be managed to not cause significant

    mortality of the shellfish resulting from increase

    in turbidity and sedimentation, resuspension of

    toxic chemicals, or to otherwise interfere with the

    natural functioning of the shellfish bed.



    1.   New dredging within shellfish beds is

         prohibited.



    2.   Maintenance dredging of existing navi-

         gation channels is conditionally accept-

         able.  State-managed shellfish recovery












               programs   are  encouraged  prior  to

               dredging.



     (e) If there is a delay of more than one year between

          completion of permit application review and

          initiation of approved activity, the shellfish

          resource shall be resurveyed.   If there is a

          significant change in the resource, new mitigation

          measures may be required by the Department.  The

          applicant shall coordinate any shellfish resource

          inventory with the Bureau of Shellfisheries to

          ensure it is conducted in the appropriate manner

          utilizing best available techniques.



     (f)  Rationale:  See the OAL Note at the beginning of

          this subchapter.



Amended by R. 1985 d.715, effective February 3, 1986.
See: 17 N.J.R. 1466(a), 17 N.J.R. 1797(b), 17 N.J.R. 1797(c), 18 N.J.R. 314(a).
     Substantially amended.


7:7E-3.4 Prime Fishina Areas



     (a) Prime Fishing Areas include tidal water areas and

          water's edge areas which have a demonstrable history












    of supporting a significant local quantity of rec-

    reational or commercial fishing activity. The area

    includes all coastal jetties and groins, and public

    fishing piers or docks. Prime Fishing Areas also

    include all red line delineated features within the

    State of New Jersey's three mile territorial sea

    illustrated  in:   B.L. Freeman and L.A.  Walford

     (1974) Angler's Guide to the United States Atlantic

    Coast Fish, Fishing Grounds and Fishing Facilities,

    Section III and IV, or as indicated on New Jersey's

    Specific Sport and Commercial Fishing Grounds Chart

     (Page 14) contained in "New Jersey's Recreational

    and Commercial Ocean Fishing Grounds", Long and

    Figley  (1984).   While  this  information  source

    applies only to the Delaware Bay and Atlantic Ocean

    shorefronts, prime fishing areas do occur throughout

    the coastal zone.



(b) Policy relevant to prime fishing areas is as

    follows:



    1.   Permissible uses of prime fishing areas

         include recreational and commercial fin-

         fishing and shellfishing, as presently

         regulated by NJDEP Division of Fish,













                Game, and Wildlife, scuba diving an other

                water related recreational activities.



           2.  Prohibited uses include sand or gravel

                submarine mining which would alter exist-

                ing bathymetry to a significant degree,

                reducing the high fishery productivity of

                these areas.  Disposal of domestic or

                industrial wastes must meet applicable

                State and Federal effluent limitations

                and water quality standards.



      (c) Rationale:  See the OAL Note at the beginning of

           this subchapter.



Amended by R. 1985 d.715, effective February 3, 1986.
See: 17 N.J.R. 1466(a), 17 N.J.R. 1797(b), 17 N.J.R. 1797(c), 18 N.J.R. 314(a).
     Subsection (a) substantially amended by incorporation (a)1 and (a)2 in (a) and adding text "or as
     indicated...Long and FigLey (1984)".



7:7E-3.6 Submeracred Veaetation



     (a) A "submerged vegetation" special area consists of

           estuarine water areas supporting rooted vascular

           seagrasses such as widgeon grass (Ruppie maritima)

           and eelgrass (Zostera marina).  Eelgrass beds are












    limited to shallow portions of the Shrewsbury River,

    Barnegat Bay and Little Egg Harbor. Widgeon grass

    is for the most part limited to shallow areas of

    upper Barnegat Bay. Detailed maps of the distribu-

    tion of the above species f or New Jersey, and a

    method for delineation, are available from the DEP

    in the DEP-DCR sponsored study, the New Jersey

    Submerged Aquatic Vegetation Distribution Atlas

    (Final Report) February, 1980, conducted by Earth

    Satellite Corporation.



(b) Policy relevant to submerged vegetation beds is as

    follows:



    1.   Destruction of submerged vegetation beds

         is prohibited.  Mitigation measures are

         required for all upland developments

         which would result in erosion or in-

         creased turbidity that would adversely

         affect this special area.



    2.   Trenching for energy pipelines and sub-

         marine cables of national significance

         will be conditionally acceptable, pro-

         vided there is no prudent or feasible












              alternative site, and if the site is

              restored to original bathymetry and re-

              planted with pre-development vegetation

              species, if these species have not

              colonized the site after three years.



     (c) Rational: See the OAL Note at the beginning of this

         subchapter.



7:7E-3.7 Naviaation Channels



     (a) "Navigation channels" include water ares in tidal

         rivers and bays presently maintained by DEP or the

         Army Corps of Engineers and marked by U.S. Coast

         Guard with buoys or stakes, as shown on NOAA/

         National Ocean Survey Charts:  12214, 12304, 12311,

         12312, 12313, 12314, 12316, 12317, 12318, 12323,

         12324, 12326, 12327, 12328, 12330, 12331, 12332,

         12333, 12334, 12335, 12337, 12341, 12343,  12345,

         12346, and 12363.



         1.   Navigation channels also include channels

              marked with buoys, dolphins, and stakes,












         and maintained by the State of New

         Jersey,   and   access   channels   and

         anchorages.



    2.   Navigation  channels  are  approximately

         parallel  to  the  river  bed.    Access

         channels are spurs that connect a main

         navigation   channel   to   a  terminal.

         Anchorages are locations where vessels

         moor within water at or near the water's

         edge for the purpose of transferring

         cargo, or awaiting high tide, better

         weather, or fuel and terminal avail-

         ability.



(b) Policy relevant to navigation channels is as

    follows:



    1.   New or maintenance dredging of existing

         navigation channels is conditionally

         acceptable providing that the condition

         under the new or maintenance dredging

         policy is met (see N.J.A.C. 7:7E-4.10(e)

         and (f).












         2.   Development which would cause terrestrial

              soil and shoreline erosion and siltation

               in navigation channels shall utilize

              appropriate mitigation measures.



          3.   Development which would result in loss of

              navigability is prohibited.



     (c)  Rationale:  See the QAL Note at the beginning of

         this subchapter.



7:7E-3.10 Marina Moorincrs



     (a) Marina moorings are areas of water that provide

         mooring, docking and boat maneuvering room as well

         as access to land and navigational channels for

         recreational  boats.    Maintenance  dredging  is

         typically required to preserve water depth.



     (b) Non-water dependent development in a marina mooring

         area is prohibited.



     (c) Any use that would detract from existing or proposed

         recreational boating use in marina mooring areas is

         discouraged.














     (d) Maintenance dredging in the marina mooring area and

         access channel is encouraged, provided that

         turbidity is controlled and that there is an

         acceptable dredge spoil disposal site.



     (e)  Rationale:   See the OAL Note at the beginning of

         this subchapter.



7:7E-3.15 Intertidal and Subtidal Shallows



     (a) "Intertidal and subtidal shallows" means all

         permanently or twice-daily submerged areas from the

         mean high water line to a depth of four feet below

         mean low water.



     (b) Development, filling, new dredging or other

         disturbance is generally discouraged but may be

         permitted in accordance with the Use Policy for the

         applicable water body type (see N.J.A.C. 7:7E-4).



     (c) Submerged infrastructure is conditionally accept-

         able, provided that:



         1.  There is no feasible alternative route












                that would not disturb intertidal and

                 subtidal shallows;



           2.  The  infrastructure  is  buried  deeply

                enough to avoid exposure or hazard; and



           3.  All trenches are backfilled with naturally

                occurring sediment.



      (d) Rationale:  See the OAL Note at the beginning of

           this subchapter.



Amended by R. 1985 d.715, effective February 3, 1986.
See: 17 N.J.R. 1466(a), 17 N.J.R. 1797(b), 17 N.J.R. 1797(c), 18 N.J.R. 314(a).
     (a) deleted old test and inserted new; old (b) deleted; (b)l now (b) and test "but may be...N.J.A.C.
7:7E-4.4(i)" added; rest of section recodified.



7:7E-3.16 Filled Water's Edae



      (a)  "Filled water's edge" areas are existing filled

           areas lying between wetlands or water areas, and

           either the upland limit of fill, or the first paved

           public road or railroad landward of the adjacent

           water area, whichever is closer to the water. Some

           existing or former dredge spoil disposal sites and

           excavation fill areas are filled water's edge.














(b) The "waterfront portion" is defined as a contiguous

    area at least equal in size to the area within 100

    feet of navigable water, measured from the Mean High

    Water Line (MHWL).  This contiguous area must be

    accessible to a public road and occupy at least 30

    percent of the navigable water's edge.



(c) On filled water's edge sites with direct water

    access (i.e., those sites without extensive inter-

    tidal shallows or wetlands between the upland and

    navigable water), development shall comply with the

    following conditions:



    1.  The waterfront portion of the site shall

         be developed with a water dependent use

         (see N.J.A.C. 7:7E-1.6(c) for defini-

         tions) or left undeveloped for future

         water dependent uses;



    2.  On the remaining non-waterfront portion

         of the site, provision of additional area

         devoted to water dependent or water-

         oriented uses may be required as a

         special case at locations which offer a












         particularly appropriate combination of

         natural features and opportunity for

         waterborne commerce and recreational

         boating; and



    3.   on large filled water's edge sites, of

         about 10 acres or more, where water

         dependent and water oriented uses can co-

         exist with other types of development, a

         greater  mix  of  land  uses  may  be

         acceptable or even desirable. In these

         cases, a reduced waterfront portion,

         i.e., less than that provided by a 100

         feet setback, may be acceptable provided

         that non-water related uses do not

         adversely affect either access to or use

         of the waterfront portion of the site.



(d) On filled water's edge sites without direct access

    to navigable water, the area to be devoted to water

    related uses will be determined on a case-by-case

    basis.



(e) On filled water's edge sites with an existing or

    pre-existing water dependent use, that is, one












existing at any time since July 1977, development

shall   comply  with  the   following   additional

conditions:



1.   For sites with an existing or preexist-

     ing marina, development that would reduce

    the area currently or recently devoted to

    the marina is acceptable if:



       i. For every two housing units proposed

         on the Filled Water's Edge the

         existing number of boat slips in the

         Marina mooring area (7:7E-3.14) is

          increased by one and at least 75

         percent of the total number of slips

          (existing and new) remain open to

         the general public. Removal of up-

          lands to create slips is acceptable;



      ii. Marina services are expanded in

         capacity   and   upgraded    (i.e.,

         modernized) to the maximum extent

         practicable; and














            ii.In-water or of f-site boat storage

              capability is demonstrated or upland

              storage is provided to accommodate

              at least 75 percent of the marina's

              *boats, as determined by maximum

              slip capacity, 26 feet in length and

              longer, and 25 percent of the

              marina's boats less than 26 feet in

              length.



    2.   For sites with an existing or preexist-

         ing water dependent use other than a

         marina, development that would reduce or

         adversely affect the area currently or

         recently devoted to the water dependent

         use is discouraged.



(f) Along the Hudson River and in other portions of the

    N'orthern Waterfront and Delaware River Region, where

    water dependent uses are demonstrated to be in-

    feasible, some part of the waterfront portion of the

    site may be acceptable for non-water dependent

    development under the following conditions:












          1.  The development proposal addresses, as a

               minimum, past use of the site as well as

               potential for future water dependent

               commercial, transportation, recreation,

               and compatible maritime support service

               uses;



          2.  The developed land uses closest to the

               water's edge are water-oriented;



          3.  Currently  active  maritime  port  and

               industrial land uses are preserved;



          4.  Adverse impacts on local resident and

               neighborhoods  are  mitigated  to  the

               maximum extent practicable; and



          5.  All other Coastal Policies, with partic-

               ular emphasis on water quality and fish-

               ing access, are met.



     (h)  Rationale:  See the QAL Note at the beginning of

          this subchapter.



Amended by R. 1985 d.715 effective February 3, 1986.












See: 17 N.J.R. 1466(a), 17 N.J.R. 1797(b), 17 N.J.R. 1797(c), 18 N.J.R. 314(a).
     (b) deleted; new (b)-(f) added; (c) recodified to (h).



7:7E-3.18 Natural Water's Edae Floodplains



     (a)  "Natural water's edge floodplains" are the flood

          hazard areas around rivers, creeks and streams as

          delineated by DEP under the Flood Hazard Area

          Control Act (N.J.S.A. 58:16A-50), or by the Federal

          Emergency Management Agency (FEMA); or the flood

          hazard area around other coastal water bodies as

          defined by FEMA.   Floodplains include the areas

          subject to both tidal and fluvial flooding. Where

          flood hazard areas have been delineated by both DEP

          and FEMA, the DEP delineations shall be used. Where

          flood hazard areas have been delineated by neither

          DEP nor FEMA, the 10-foot contour line shall be used

          as the inland boundary of the floodplain.   The

          seaward boundary shall be the mean high water line.



          1.   A complete list of streams where DEP has

               delineated the flood hazard area can be

               found at N.J.A.C. 7:13-1.11.












    2.   The United States Army Corps of Engineers

         has delineated the tidal floodplain for

         FEMA in most Coastal Zone municipalities.

         The geographic extent of the tidal flood

         hazard areas is indicated on USGS topo-

         graphic maps at a scale of 1:24,000 as

          "flood prone" areas.



(b) The natural water's edge floodplain standards shall

    not apply in portions of a floodplain which meet

    the definition of another special water's edge type

     (filled water's edge, existing lagoon edge, alluvial

    flood margins, dunes, overwash fans, erosion hazard

    areas, island corridor, wetlands, cranberry bogs,

    wet borrow pit margins, coastal bluffs, intermittent

    stream corridors).



(c)  Development within 100 feet of a navigable water

    body,   unless  the  use   is  water   dependent.

     ("Navigable" and "water dependent" are defined at

    N.J.A.C. 7:7E-1.6(c).)



(d)  Development elsewhere in the natural water's edge

    floodplains is discouraged unless:












    1.   It has no feasible alternate site outside

         of a natural water's edge floodplain; and



    2.   It  would  not  pre-empt  use  of  the

         waterfront portion of the floodplain for

         potential water-dependent use.



(e) Recreational uses, including but not limited to

    ballfields, tennis courts and golf courses are

    acceptable provided they do not reduce the flood

    dissipating value of the floodplain or preclude

    water dependent use of the area within 100 feet of

    navigable water.



(f) Development must be consistent with all other

    coastal policies, in particular the performance

    standards found in the Flood Hazard Area Resource

    Policy (N.J.a.C. 7:7E-8.22).



(g)  Detention   basins   are   prohibited   in   river

    floodplains.



(h)  Rationale:   See the OAL Note at the beginning of

    this subchapter.













Amended by R. 1985 d715, effective February 3, 1986.
See: 17 N.J.R. 1466(a), 17 N.J.R. 1797(b), 17 N.J.R. 1797(c), 18 N.J.R. 314(a).
     Substantially amended.



7:7E-3.20 Beaches



     (a) "Beaches" are gently sloping unvegetated areas of

           sand or other unconsolidated material that extend

           landward from the mean high water line to either:



           1.  The vegetation line;



           2.   A man-made feature generally parallel to

                the ocean, inlet, or bay waters such as

                a retaining structure, seawall, bulkhead,

                road or boardwalk, except that sandy

                areas that extend fully under and land-

                ward of an elevated boardwalk are con-

                sidered to be beach areas; or



          3.  The seaward or bayward foot of dunes,

                whichever is closest to the bay, inlet or

                ocean waters.












(b) Beaches can be found on all tidal shorelines,

    including ocean, bay and river shorelines.



(c) Development is prohibited on beaches, except f or

    development that has no prudent or feasible

    alternative in an area other than a beach, and that

    will not cause significant adverse long-term impacts

    on the natural functioning of the beach and dune

    system, either individually or in combination with

    other existing or proposed structures, land distur-

    bances  or  activities    Examples  of  acceptable

    activities are:



    1.   Demolition  and removal  of paving  and

         structures.



    2.   Dune creation and related sand fencing

         and planting of vegetation for dune

         stabilization;



    3.   The reconstruction of existing amusement

         and fishing piers and boardwalks;














           4.  Temporary  recreation  structures  for

                public safety such as first aid and

                lifeguard stations;



           5.  Shore protection structures which meet

                the use conditions of N.J.A.C. 7:7E-

                7.11(e); and



           6.  Linear development which meets the Policy

                on  Location  of  Linear  Development

                 (N.J.A.C. 7:7E-6.1).



      (d) Public access and barrier free access to beaches and

           the water's edge is encouraged. Coastal development

           that unreasonably restricts public access is

           prohibited.



     (e)  Rationale:  See the OAL Note at the beginning of

           this subchapter.



Amended by R. 1985 d.715 effective February 3, 1986.
See: 17 N.J.R. 1466(a), 17 N.J.R. 1797(b), 17 N.J.R. 1797(c), 18 N.J.R. 314(a)
     (b): OLd text deleted and new text added; (b)1 through (c) recodified to (c)-(e).












7:7E-3.38 Public ODen SDace



     (a) "Public open space" constitutes land areas owned and

         maintained by State, Federal, county and municipal

         agencies or non-profit private groups (such as

         conservation organizations and homeowner's asso-

         ciations) and dedicated to conservation of natural

         resources, public recreation, or wildlife protection

         or management.   Public open space also includes

         State Forests, State Parks, and State Fish and

         Wildlife Management Areas and designated Natural

         Areas (N.J.S.A. 13:lB-15.12a et seq.) within DEP-

         owned and managed lands.












                       DESIGN CONCEPT PLAN







A design concept plan (Figure 3) has been developed for a water-

front park (steam boat park) located on Lot 15, Block 47, and on

the riparian portion of Lot 1, Block 47, to provide for improved

public access to the waterfront for residents of the Borough of

Fair Haven. This plan evolved f rom the analysis of existing access

sites along the waterfront studied in the previous section of this

report. This site has been selected because of its location within

the community near the center of the waterfront area between Red

Bank and Rumson, and its proximity to the existing public fishing

pier located on the end of Fair Haven Road. Development of a park

on this location will eliminate an existing non-conforming use in

the Waterfront Zone, and enhance the existing municipal open space

facilities for all residents within the Borough to use and enjoy.



Figure No. 3 shows a conceptual plan for a waterfront park located

on a portion of Lot 1, Block 47, and on Lot 15. The existing site

*area is approximately two acres, and includes a vacated portion of

DeNormandie Road, Lot 15, 30 feet of upland area on Lot 1, and the

riparian lands associated with Lot 1. The concept plan provides

for a multi-purpose building (restrooms, storage and covered

shelter), paved parking for 55 vehicles, a 20 to 30 foot wide












boardwalk along the entire frontage of the tract, the creation of

approximately 300 linear feet of beach, with barrier-free ramps

providing public access, picnic areas, a tot lot, a gazebo and

garden area, landscaping, park appurtenances (benches, bicycle

racks, etc.), footpaths, and dockage for passive boating. Passive

boating is anticipated to be small "car-topped" canoes, kayaks,

dinghies, rowing sculls, and small sailboats, which could be

launched from a floating dock.



This project would result in the elimination of the existing marina

and boat refueling facilities. Existing docks and piers will be

removed and disposed of. Existing bulkheading will be inspected,

and repaired or replaced as required. The existing moorings in the

Navesink River will remain and potentially expand with the avail-

ability of dinghy launching capabilities at the new park.



It is anticipated with the continual improvement in water quality

of the Navesink River that this beach will be a significant amenity

for the residents for public bathing.   It will complement an

existing similar municipal facility in the adjacent Borough of

Rumson known as Victory Park, which is well attended during the

summer.



Implementation is an important facet for the Fair Haven Waterfront

Access Plan. Green Acres funding should be pursued for implementa-












tion of this park and recreational facility, in terms of land

acquisition and development.   A preliminary construction cost

estimate for the project is included in Appendix II. Included in

Appendix III is a list of the permits and reviews which may be

required for development and a list of planning and review agencies

which may become involved in waterfront development in the project

area. The Fair Haven Waterfront Access Plan will encourage the use

of the waterfront for recreation and public access, eliminate a

non-conforming use within the Residential Zone, and enhance the

historic character and quality of residential uses surrounding the

property.



The following section addresses the consistency of the project with

the applicable Special Areas outlined in the Coastal Resource and

Development policies.












           CONSISTENCY OF THE DESIGN CONCEPT PLAN WITH

             COASTAL RESOURCE & DEVELOPMENT POLICIES







The design concept plan for the Fair Haven Waterfront Access Plan

is consistent with the Coastal Resource & Development policies

which have been formulated, (to guide public decisions about

significant proposed development and management of resources of New

Jersey's coastal zone).  These policies cover location, special

areas, general water areas, general land areas, general location,

and use and resources. Special consideration has been given to the

following policies in the development of the Fair Haven Conceptual

Plan:



Shellfish Bed (Policy No. 7:7E-3.2)-



    Hard and soft claims are present outside the area

    proposed for the park, nor are they anticipated to be

     leased or managed.



    The proposed project will eliminate a source of contami-

    nation for the shellfish in the area. Abandonment of the

    existing marina and its fueling facility will eliminate

    anti-fouling agents from the water, unused hydrocarbons












     from fuel spills, unpoliced discharges of septic effluent

     from power boats and all the other associated contami-

     nants which would come from the marina. The successful

     completion of this project will improve water quality for

     all shellfish in the area.



Prime Fishina 7:7E-3.4 -



     The elimination of boating using internal combustion

     power and fueling facilities will improve water quality

     and stimulate fishing in the area.  Additionally, the

     boardwalk construction will link the proposed parking

     area to the existing Fair Haven fishing pier and open up

     fishing to a greater number of residents. The beach area

    will provide a more natural. environment for fish to

    propagate and thrive.



Submeraed Veaetation 7:7E-3.6 -



    Submerged vegetation is present outside of the limits of

    the existing boat slips. Dredging maintenance and the

    turbulence of boating activity have eliminated submerged

    vegetation from the marina area proper. The boat slips

    and docks will be replaced with a sand beach and a

    floating dock. No impact on existing submerged vegeta-












    tion will occur as part of this activity.   The areas

     outside of the limit of the proposed beach will re-

     establish vegetation lost during the marina operations.



Naviaation Channel 7:7E-3.7 -



    The proposed project will not affect the existing channel

     outside of the project area.   Only the dredged areas

    within the existing marina will be filled during the

    beachfill process.



Marina Moorinas 7:7E-3.10 -



    The proposed project will eliminate boat slips and piers.

    However, the proposed beach and passive boating area are

     comparable water-dependent uses. There currently exists

     approximately 70 open water boat moorings in the river

     outside of the channel. This number would increase with

    the elimination of the marina and the availability of

     canoe and dinghy launching from the park and beach.



Intertidal and Subtidal Shallows 7:7E-3.15 -



    The project proposes to deposit clean sand for the

    recreational beach in the intertidal shallows. This use












     is water-dependent serving the public good.   Based on

    Section 7:7Y.V-4.2 for medium rivers, which the Navesink

    River is considered to be, this use would be condi-

    tionally acceptable.



Filled Water's Edae 7:7E-3.16 -



    Activities proposed within the waterfront area and non-

    waterfront area are all water-dependent and water

    oriented.    The park proposes  a recreational  beach,

    passive boating, a boardwalk promenade, and passive

    overlook with support amenities, such as a picnic area

    and tot lot.



    Since the project involves the elimination of the exist-

    ing marina use, the project proposes to improve open

    water moorings by increasing accessibility to the passive

    boating use. The project will include the replacement

    of all bulkheading and the construction of a floating

    dock for the passive boating use.  These improvements

    will upgrade and modernize the existing structures. New

    public restrooms will be constructed to replace

    facilities in the existing marina.













Natural Water's Edae Floodplain 7:7E-3.18 -



     Although portions of this project fall within the natural

     water's edge floodplains, they also fall under the filled

     water's edge policies and based on this section of the

     policy handbook, the standards of the special water's

     edge policy will take precedence.



Beaches 7:7E-3.20 -



     The proposed project will not have a negative impact on

     the small existing beach at the end of DeNormandie Road.

     In fact, the proposed project will provide the replenish-

     ment, enhancement and construction of approximately 300

     linear feet of new clean sand beach.   This additional

     area will significantly increase the area of public beach

     for recreational use.



Wetlands 7:7E-3.25 -



     None of the proposed developed activities in this park

    will be constructed in existing wetlands as herein

     defined.












Wetlands Buffers 7:7E-3.26 -



     None of the proposed project will be constructed within

     areas defined as wetlands buffers.



Public Open SDaces 7:7E-3.38 -



     The development of this park will expand an existing

    public open space. The fishing pier at the end of Fair

    Haven Road is a public amenity which will now be linked

    to the shore parking areas and picnic areas, and provide

     for additional utilization of the fishing pier.























              FIGURE I


FAIR HAVEN WATERFRONT 1990 AERIAL MAP
























               FIGURE 2


FAIR HAVEN WATERFRONT SPECIAL AREAS MAP























              FIGURE 3


DESIGN CONCEPT PLAN "STEAMBOAT PARK"













                           APPENDIX I


                                                    Application
  Policy                 Special Areas              in Fair Haven

7:7E-3.2       Shellfish beds                            Applies
7:7E-3.3       Surf clam areas
7:7E-3.4       Prime fishing areas                       Applies
7:7E-3.5       Finfish migratory pathways
7:7E-3.6       Submerged vegetation                      Applies
7:7E-3.7       Navigation channels                      Applies
7:7E-3.8       Canals
7:7E-3.9       Inlets
7:7E-3.10      Marina moorings                          Applies
7:7E-3.11      Ports
7:7E-3.12      Submerged infrastructure routes
7:7E-3.13      Shipwrecks and artificial reefs
7:7E-3.14      Wet borrow pits
7:7E-3.15      Intertidal and subtidal shallows         Applies
7:7E-3.16      Filled water's edge                      Applies
7:7E-3.17      Existing lagoon edges
7:7E-3.18      Natural water's edge-floodplains         Applies
7:7E-3.19      Alluvial flood margins
7:7E-3.20      Beaches                                  Applies
7:7E-3.21      Dunes
7:7E-3.22      Overwash fans
7:7E-3.23      Erosion hazard areas
7:7E-3.24      Island corridor
7:7E-3.25      Wetlands                                 Applies
7:7E-3.26      Wetlands buffers                         Applies
7:7E-3.27      Cranberry bogs
7:7E-3.28      Wet borrow pit margins
7:7E-3.29      Coastal bluffs
7:7E-3.30      Intermittent stream corridors
7:7E-3.31      Farmland conservation areas
7:7E-3.32      Steep slopes
7:7E-3.33      Dry borrow pits
7:7E-3.34      Historic and archaeological resources
7:7E-3.35      Specimen trees
7:7E-3.36      Endangered or threatened wildlife
               or vegetation species habitats
7:7E-3.37      Critical wildlife habitats
7:7E-3.38      Public open spaces                       Applies
7:7E-3.39      Special hazard areas
7:7E-3.40      Excluded Federal lands
7:7E-3.41      Special urban areas
7:7E-3.42      Pinelands National Reserve and
               Pinelands Protection Area












7:7E-3.43      Hackensack Meadowlands District
7:7E-3.44      Wild and scenic river corridors
7:7E-3.45      Geodetic control reference marks
7:7E-3.46      Hudson River Waterfront Area













                            APPENDIX II

                         "Steamboat Park"


Preliminary Engineer's Construction Cost Estimate - Summary Format
                          September, 1990



          Item                                             Cost


 1.  Site Preparation & Grading                     $  275,000.00

 2.  Soil Erosion & Sediment Control                     7,500.00

 3.  55 Car Parking Lot                                 50,000.00

 4.  Storm Drainage                                     15,000.00

 5.  Multi-Purpose Building                            100,000.00

 6.  Gazebo/Sun Shelter                                 20,000.00

 7.  Bulkheading                                       195,000.00

 8.  Waterfront Promenade                               54,000.00

 9.  Floating Dock                                      18,000.00

10.  Swimming Beach                                     65,000.00

11.  Tot Lot                                            15,000.00

12.  Footpaths                                          10,000.00

13.  Picnic Area                                         5,000.00

14.  Landscaping                                        25,000.00

15.  Utilities                                          50,000.00

16.  Park Appurtenances                                 10.000.00

               CONSTRUCTION TOTAL                  $  914,500.00

17.  Contingencies (7%)                                 64,015.00












Design & Inspection Fees (13%)                     118.885.00

          PROJECT TOTAL                        $1,097,400.00

          SAY                                  $1,100,000.00*


This figure does not include costs for land acquisition,
legal fees and permit documents and fees.













                          APPENDIX III

           Permits & Reviews Required for Development
            in the Fair Haven Waterfront Project Area



Waterf ront Development Permit f rom the Department of Environmental

Protection, will be required under the Waterfront Development Law

(N.J.S.A. 12:5-3), for the following types of development in the

waterfront area with specified exceptions:



     a.   Docks,   wharves,   piers,   bulkheads,   bridges,

         pipelines, cables, moorings and other submerged

          structures' (all  these   already   require   DEP

          approval);



    b.   The   construction,   reconstruction,   structural

          alteration, relocation or enlargement of any

         building or other structure, or of any excavation

         or landfill, and any change in the use of any

         building or other structure, or land or extension

         of use of land.



CAFRA Permit will be required for the location, design and con-

struction of public facilities, including housing and motel

developments of 25 or more dwelling units, sewer lines and roadways

longer than 1,200 linear feet, and new parking facilities of 300











or more spaces.



Tidelands ADnlication must be made to the DEP, Division of Coastal

Resources, for any grant, lease or license of State-owned tide-

lands.



Boroucrh of Fair Haven for approval of project and the vacation of

DeNormandie Road along the frontage of the project.



Site plan review may be required by the following agencies:



    Borough of Fair Haven Planning Board or Board of

    Adjustment, Monmouth County Planning Board, New Jersey

    Department of Environmental Protection, Division of

    Coastal Resources (CAPRA).



Freehold  Soil  Conservation  District  for  Soil  Erosion  &

Sedimentation Control Permit and site plan review of proposed

sediment control practices for all construction, excluding

individually developed single family homes, resulting in a sail

disturbance of 5,000 or more square feet of land surface area.