N.J. Admin. Code § 7:38-3.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:38-3.5 - Impervious surfaces

(a) The Department shall not issue an HPAA if a proposed development or activity will result in impervious surface of greater than three percent of the land area of a lot. As to lots created by subdivision after August 10, 2004, calculation of this limit shall include all impervious surface existing on the entire land area of the lot which existed on August 10, 2004. For example, if a lot in existence as of August 10, 2004 currently has two percent impervious surface within its August 10, 2004 boundary, only one percent additional impervious surface will be permitted within that boundary, assuming the new impervious surface is placed in accordance with the Highlands Act and this chapter and any other applicable Federal, State and local law. Thus, if that lot is further subdivided, the newly created lot(s) could only receive an HPAA for a cumulative total of additional impervious surface equal to one percent of the area of the original lot that existed on August 10, 2004.

1. No impervious surface shall be permitted on a lot created by subdivision after August 10, 2004, if the lot of which the lot was a part as of August 10, 2004 contains three percent or more impervious surface.

2. For purposes of this subsection, non-contiguous lots in existence as of August 10, 2004, that contain less than three percent impervious surface may be aggregated such that the percentage of impervious surface that would have otherwise been permitted under this subsection on one or more of the aggregated lots is transferred to one or more of the aggregated lots, provided:

i. The proposed development on the lot or lots to which the percentage impervious surface is transferred complies with all Federal, State and local law;

ii. The proposed development on the lot or lots to which the percentage impervious surface is transferred does not require a waiver of any requirement of this chapter;

iii. The septic density standards of this chapter as set forth at N.J.A.C. 7:38-3.4(b) are met;

iv. The non-contiguous lots to be aggregated under this paragraph are all located in the Highlands Preservation Area and within the same HUC 14; and

v. The lot or lots from which the percentage impervious surface is transferred are permanently subject to a conservation restriction against future disturbance in accordance with N.J.A.C. 7:38-6.3.

(b) For purposes of this section, the calculation of the land area of a lot shall exclude Highlands open waters.

(c) An applicant for an HPAA shall calculate impervious surface area based upon the impervious surface existing on the date the HPAA application is submitted to the Department.

(d) Where impervious surface on a lot in existence as of August 10, 2004 exceeds three percent of the area of the lot, all lawfully existing impervious surface may remain but no additional impervious surface shall be permitted.

N.J. Admin. Code § 7:38-3.5

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Rewrote the introductory paragraph of (a); rewrote (a)2; deleted (d); recodified (e) as new (d); and in (d), substituted "lawfully" for "legally".