N.J. Admin. Code § 7:7-4.22

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7-4.22 - Permit-by-rule 22 - construction of a swimming pool, spa, or hot tub and associated decking on a bulkheaded lot without wetlands

(a) This permit-by-rule authorizes the construction of a swimming pool, spa, or hot tub and associated decking (for example, wood or recycled plastic planking, concrete, or paver blocks) on a lot with a legally existing, functioning bulkhead along the entire waterfront portion of the site and no wetlands landward of the bulkhead, provided:

1. No excavation, grading, or filling of a beach or dune is conducted;

2. The swimming pool, spa, or hot tub is set back a minimum of 15 feet from the waterward face of the bulkhead;

3. The footprint of the area covered by the current construction in combination with any existing swimming pool, spa, and/or hot tub, constructed under this permit-by-rule after July 6, 2015, at a residential development does not exceed a cumulative total of 750 square feet on the lot. For example, a 600-square-foot in-ground swimming pool could be constructed on a lot under this permit-by-rule and at a later time an additional 150-square-foot spa or hot tub could be constructed on the lot under this permit-by-rule, because the cumulative footprint of the development for both structures would not exceed 750 square feet. However, the construction of a 200-square-foot spa or hot tub would not be authorized on a lot under this permit-by-rule where a 600-square-foot in-ground swimming pool had already been constructed pursuant to this permit-by-rule, because the cumulative total footprint of development for both structures would exceed 750 square feet;

4. The footprint of the area covered by the current construction in combination with any existing swimming pool, spa, and/or hot tub, including associated decking, constructed under this permit-by-rule after July 6, 2015, at a development other than a residential development does not exceed a cumulative total of 750 square feet on the lot. For example, a 600-square-foot in-ground swimming pool and associated decking could be constructed on a lot under this permit-by-rule and at a later time an additional 150-square-foot spa or hot tub could be constructed on the lot under this permit-by-rule, because the cumulative footprint of the development for both structures would not exceed 750 square feet. However, the construction of a 200-square-foot spa or hot tub would not be authorized on a lot under this permit-by-rule where a 600-square-foot in-ground swimming pool and associated decking had already been constructed pursuant to this permit-by-rule, because the cumulative total footprint of development for both structures would exceed 750 square feet;

5. The backwash system of the swimming pool, spa, or hot tub does not discharge to the adjacent water body;

6. Prior to construction, a silt fence is erected landward of the bulkhead with a 10-foot landward return on each end. The silt fence shall be maintained and remain in place until all construction and landscaping activities are completed;

7. All subgravel liners are made of filter cloth or other permeable material; and

8. The swimming pool, spa, or hot tub and associated decking are not constructed on a coastal bluff.

N.J. Admin. Code § 7:7-4.22

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018