Agenda - Planning Commission - 07/09/2009

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38 April 25, 2009 I Volume 3 I No.8 Zoning Bulletin /\ ( ! der Article 18) were inapplicable. The court said that a county could. not "evade the legislative notice requirements imposed by ~ 153A- 323 by labeling the zoning act as an exercise of police power." Since the Ordinance was the type of ordinance authorized by Article 18, the county had to comply with the notice requirements of Section lS3A-323. Administrative Authority-DEP issues letter authorizing coastal development in lieu of permit Neighbors argue DEP exceeded its statutory authority by bypassing substantive regulations Citation: Dragon v. New Jersey Dept. of Environmental Protection, 405 N.]. Super. 478, 965 A.2d 209 (App. Div. 2009) , NEW JERSEY (03/06/09)-Edward W. Kelly, Jr. owned an oceanfront two-story single-family home within a 1944-s'quare-foot footprint. The lot on which the home sat was located in New Jersey's Coastal Area Fa- (~ cility Review Act (~'CAFRN') Coastal High Hazard Area. In 2004, Kelly sought to demolish his existing house and build a larg~ er bne. Given the location of Kelly's proposed work, he was required by the CAFRA and New Jersey's Department of Environrilental Protection's ("DEP") Coastal High Hazard .A+eas Rule ("Coastal Rule") to obtain a perniit from DEP. Accordingly, Kelly filed with DEP a CAFRA coastal general permit application to perform the proposed work. Neighboring property owners, Albert and Barbara Dragon objected to Kelly's permit request. Among other things, their objection cited: "de- struction of scenic views, an inaccurate site plan, and the inappropriate- ' ness of a general permit for footprint enlargement." DEP denied Kelly the requested permit. DEP's Coastal Rule prohibited residential development in coastal high 'hazard areas unless specific crite- ria were met. DEP found that because Kelly's proposed project failed to meet one of those criteria, his project was "not approvable" and could not be constructed. However, after Kelly appealed that decision, DEP and Kelly "reached an amicable [settlement agreement)." Under the settlement agreement, \ ) Kelly was allowed to reconstruct and expand the footprint of the exist- '---..-/' ing dwelling, subject to conditions. DEP issued a letter of authorization 10 @ 2009 Thomson Reuters -- --,- --------------------- ! I I I I I i I I I I I I I \ I I i I I I I I'