N.J. Admin. Code § 7:7-13.3

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

Section 7:7-13.3 - Impervious cover requirements that apply to sites in the upland waterfront development and CAFRA areas

(a) This section sets forth impervious cover requirements that apply to sites in the upland waterfront development and CAFRA areas. Impervious cover limits, specific to each of these areas, are found at N.J.A.C. 7:7-13.13 and 13.17.

(b) A stormwater management facility is not counted toward the impervious cover limit for a site.

(c) A solar panel is not counted toward the impervious cover limit for a site. However, the base or foundation of the solar panel, plate, canopy, or array shall be counted toward the impervious cover on the site.

(d) The impervious cover allowed on a site shall be placed on the net land area on the site, as determined at (e) below, and in addition, for an unforested site under N.J.A.C. 7:7-13.13(b)3 or 13.17(e)2, the impervious cover shall be placed on the area covered by buildings and/or asphalt or pavement legally existing on the site at the time the application is submitted to the Department. If the amount of impervious cover calculated is greater than the net land area of the site, the acreage of the impervious cover allowed on the site shall be the acreage of the net land area. The placement of impervious cover may be further restricted by other provisions in this chapter. For example, placement of impervious cover would be discouraged in critical wildlife habitat under N.J.A.C. 7:7-9.37.

(e) To determine the acreage of the net land area on a site:

1. Determine the acreage of the total land area on the site;

2. Identify all areas on the site that are classified as one of the following special water's edge areas:

i. Dunes (N.J.A.C. 7:7-9.16);

ii. Bay islands (N.J.A.C. 7:7-9.21);

iii. Beaches (N.J.A.C. 7:7-9.22);

iv. Wetlands (N.J.A.C. 7:7-9.27);

v. Wetland buffers (N.J.A.C. 7:7-9.28);

vi. Coastal bluffs (N.J.A.C. 7:7-9.29); and

vii. Intermittent stream corridors (N.J.A.C. 7:7-9.30);

3. Sum the acreage of the land areas identified in (e)2 above;

4. Subtract (e)3 above from (e)1 above; and

5. The result is the net land area to be used in calculating the impervious cover limits under N.J.A.C. 7:7-13.13 and 13.17.

(f) If a site or a portion of a site is a contaminated site, as defined at N.J.A.C. 7:26E-1.8 in the Department's Technical Requirements for Site Remediation, the impervious cover limit for the site may be increased if required under the Technical Requirements for Site Remediation at N.J.A.C. 7:26E in order to properly remediate the contaminated portion of the site.

(g) Rationale: Limiting impervious cover is necessary in the CAFRA area and upland waterfront development area to prevent adverse impacts caused by polluted runoff and other negative effects. Stormwater management facilities area not counted towards the impervious cover limit because they are specifically designed to collect and manage runoff. Many stormwater management basins contain herb/shrub vegetation and are thus not impervious cover. As specified in N.J.S.A. 13:19-5.4, the Department cannot include solar panels in any calculation of impervious surface or impervious cover as part of the analysis of an application for development. However, the amendments to the Waterfront Development Law and CAFRA specifically exclude the base or foundation of a solar panel, canopy, or array from the definition of solar panel. These base structures are therefore included in calculations of impervious cover, while the rest of the solar panel, canopy, or array is not.

Special water's edge areas are subtracted from the total land area on a site because impervious cover cannot be placed in these areas. Subtracting these areas from the total land area results in determination of the usable area of the site with which an applicant will calculate the allowed amount of impervious cover. For unforested sites, impervious cover must be placed on the area of the site that is currently covered by legally existing buildings or pavement, rather than removing the existing impervious surface and placing the new impervious surface in a different location.

In some cases, more impervious cover is needed to properly remediate a contaminated site than would be allowed under this section. In such cases, the impervious cover limit for the site may be increased as the environmental benefit of remediating a contaminated site supersedes the potential adverse impacts of placing a larger amount of impervious cover on the site.

N.J. Admin. Code § 7:7-13.3

Renumbered from 7:7E-5.3 by 47 N.J.R. 1392(a), effective 7/6/2015

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