N.J. Admin. Code § 7:7-13.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-13.1 - Purpose and scope

(a) This subchapter sets forth requirements applicable in general land areas and certain special areas for impervious cover and vegetative cover on sites in the upland waterfront development area and in the CAFRA area. These requirements are set forth as follows:

1. For a site in the upland waterfront development area, the applicable impervious cover limits and vegetative cover percentages are determined under 7:7-13.6 through 13.14, based on the site's growth rating, development potential, and environmental sensitivity; and

2. For a site in the CAFRA area, the applicable impervious cover limits and vegetative cover percentages are determined under 7:7-13.15 through 13.19, based on the site's location in a coastal center; in a Coastal Planning Area; in a CAFRA center, CAFRA core, or CAFRA node; or on a military installation.

(b) General land areas are all land areas that are subject to this chapter and that are located outside of special water's edge areas. Special water's edge areas are identified at 7:7-9.16 through 9.30.

(c) This subchapter applies to development in general land areas, special land areas as defined at 7:7-9.1(a)3, and the following seven special water's edge areas:

1. Overwash areas (7:7-9.17);

2. Coastal high hazard areas (7:7-9.18);

3. Erosion hazard areas (7:7-9.19);

4. Barrier island corridor (7:7-9.20);

5. Filled water's edge (7:7-9.23);

6. Existing lagoon edges (7:7-9.24); and

7. Flood hazard areas (7:7-9.25) .

(d) This subchapter does not apply to:

1. The development of one or two single-family homes or duplex dwellings unless such development results in development of more than two single-family homes or duplex dwellings either solely or in conjunction with a previous development as defined at 7:7-2.2(b)8;

2. A linear development, except that this subchapter shall apply if the linear development is wholly within a development and/or serves the development;

3. A mining operation, under 7:7-15.8;

4. A public park which is publicly owned, or publicly controlled for the purposes of public access;

5. Aquaculture, as defined at 58:1A-3;

6. Sanitary landfills;

7. Wastewater treatment plants;

8. Water treatment plants;

9. Electrical substations; or

10. Wind turbines.

(e) If a site is located in the Hackensack Meadowlands District, as defined under 13:17-1 et seq., the Department shall not apply the requirements at 7:7-13.1 through 13.14, but shall apply the requirements for that area set forth at 7:7-9.43.

(f) A site may include land both within the upland waterfront development area and within the CAFRA area. Where this occurs each portion of the site is treated separately and the impervious cover limits and vegetative cover percentages for the different portions of the site are determined under 7:7-13.6 through 13.14 or 13.15 through 13.19 as appropriate.

(g) The rules in this subchapter do not preempt the application of any municipal ordinance that would result in more restrictive impervious cover requirements or more extensive vegetative cover requirements than would otherwise be applicable to a development site under this subchapter.

(h) Within the CAFRA area, except as may be required by law, it is not the intent of this subchapter that the extent to which a municipality has or has not conformed its ordinances or development master plan to this subchapter be considered by any department, agency, or instrumentality of State government in:

1. Administering any State grant, loan, or any financial assistance program involving the expenditure of State funds;

2. Making any permitting decision involving infrastructure that is deemed necessary by the permitting authority to alleviate significant and imminent threats to public health and safety; or

3. Making any permitting decision involving transportation infrastructure deemed necessary by the permitting authority solely to meet the needs of existing populations or anticipated populations based on valid development approvals by all relevant entities at the time of permit application, provided the permit application meets all of the substantive requirements of this chapter.

(i) Subsection (h) above shall not be construed to:

1. Prevent the awarding of any financial assistance, grant, or loan for planning purposes;

2. Contravene the legislative intent concerning capital projects pursuant to 52:9S-2 et seq.;

3. Contravene the legislative intent concerning coastal planning policies pursuant to 52:18A-206; or

4. Prevent the Department from considering secondary impacts in accordance with 7:7-14.3.

(j) Compliance with the impervious cover limits and vegetative cover percentages of this subchapter shall not exempt any development from the special areas rules at N.J.A.C. 7:7-9, the resource rules at N.J.A.C. 7:7-16, or any other provision of this chapter.

(k) Rationale: Impervious cover limits and vegetation requirements are important to reduce the negative impacts of development in coastal areas. Land without impervious cover and with healthy vegetative communities allows rainfall infiltration and natural groundwater recharge. Placement of impervious cover effectively seals the ground, preventing the absorption of water, which increases the amount of stormwater runoff that can enter waterways. Conversely, healthy vegetative communities absorb and slow runoff from storm events, which maintains water quality. Impervious surface also raises air temperatures and reduces oxygen uptake by tree roots beneath. (See Schueler, Thomas R. "The Importance of Imperviousness." Reprinted in The Practice of Watershed Protection. 2000. Center for Watershed Protection. Ellicott City, MD.)

Impervious cover percentages and vegetative cover requirements are not applicable to all activities. Many of the types of development to which impervious cover percentages and vegetative cover requirements do not apply are compact, and most serve a public need. For example, linear development that is not wholly within or solely serving a development need not comply with impervious cover limits because doing so would reduce the public benefit provided by the project.

The development of one or two single-family homes or duplexes is exempt from the requirements of this subchapter because most development that falls into this category takes place on small bulkheaded infill lots on back bays within existing residential areas and on sites that have been disturbed and have existing impervious cover present. The amount of impervious cover on such sites is limited by lot size, presence of special areas, and local zoning requirements. The general permit for the construction of one or two single-family homes or duplexes at N.J.A.C. 7:7-6.4 and the housing use rule at N.J.A.C. 7:7-15.2(e) contain standards to address stormwater runoff associated with dwellings. Wind energy is a renewable energy source that does not result in greenhouse gas emissions. Wind turbines are therefore exempt from the impervious cover and vegetative cover requirements in order to facilitate the construction of these renewable energy facilities. Mining operations, sanitary landfills, wastewater treatment plants, and water treatment plants serve a public need and are therefore exempt from the requirements of N.J.A.C. 7:7-13. The impacts associated with public parks are minimal and are offset by the public benefit of improved outdoor recreational opportunities. While aquaculture is undertaken outside of areas of concentrated development, it is not associated with the adverse environmental impacts that result from residential, commercial, or industrial development.

Within the CAFRA area, it is not the intent of this subchapter that the extent to which a municipality has or has not conformed its ordinances or development master plan to this subchapter be considered by any department, agency, or instrumentality of State government in certain actions. The applicable provisions in this rule are intended to clearly differentiate CAFRA regulations used in the review of individual permit applications from the State Development and Redevelopment Plan, which is intended to provide a vision for accommodating future growth of the State.

Compliance with impervious cover and vegetative requirements does not exempt any development from compliance with special area or resource rules or with any provision of this chapter. Impervious cover and vegetation are just two factors considered in reviewing applications to perform regulated activities under this chapter and do not supersede other provisions.

N.J. Admin. Code § 7:7-13.1

Renumbered from 7:7E-5.1 by 47 N.J.R. 1392(a), effective 7/6/2015

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