N.J. Admin. Code § 7:7-13.13

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

Section 7:7-13.13 - Impervious cover limits for a site in the upland waterfront development area

(a) If a site or portion of a site is forested, as determined under N.J.A.C. 7:7-13.5, the impervious cover limit is the acreage of the net land area on the site or portion as determined under N.J.A.C. 7:7-13.3(e), multiplied by the impervious cover percentage in Table D below for the development intensity that applies to the site or portion, as determined under N.J.A.C. 7:7-13.12.

(b) If a site or portion of a site is unforested, as determined under N.J.A.C. 7:7-13.5, the impervious cover limit is the limit at (b)1, 2, or 3 below, whichever is higher:

1. The acreage of the net land area on the site or portion, as determined under N.J.A.C. 7:7-13.3(e), multiplied by the impervious cover percentage in Table E below for the development intensity that applies to the site or portion, as determined under N.J.A.C. 7:7-13.12;

2. For a site located in the northern waterfront region or urban area region, as determined under N.J.A.C. 7:7-13.6(d), the amount of existing impervious cover located on a site as determined under (c) below; or

3. For a site located in a region other than those identified at (b)2 above, the acreage covered by buildings and/or asphalt or concrete pavement legally existing on the site at the time the application is submitted to the Department.

(c) For the purposes of determining impervious cover limits under (b) above, the amount of existing impervious cover is the highest of the following, provided the impervious cover was legally placed on the site:

1. The amount of impervious cover located on the site at the time the application is submitted to the Department;

2. The amount of impervious cover that appears on the applicable Tidelands Map; or

3. The amount of impervious cover that was placed on the site under the authority of a coastal permit and after the date the photography was performed for the Tidelands Map identified under (c)2 above.

TABLE D

Percentages for Calculating Impervious Cover Limit
for a Forested Site under N.J.A.C. 7:7-13.13
Development Intensity	Impervious Cover Percentage
High development intensity	70 percent
Medium development intensity	40 percent
Low development intensity	5 percent

TABLE E

Percentages for Calculating the Impervious Cover Limit
For an Unforested Site under N.J.A.C. 7:7-13.13
Development Intensity	Impervious Cover Percentage
High development intensity in the urban area region	90 percent
High development intensity not in the urban area region	80 percent
Medium development intensity	40 percent
Low development intensity	5 percent

(d) Rationale: The amount of impervious cover permitted is based upon the development intensity calculated under N.J.A.C. 7:7-13.12 considering growth rating, environmental sensitivity, and development potential, or on the amount of existing impervious cover on the site (for unforested sites only).

The amount of impervious cover allowed for a forested site or the forested portions of a site is calculated by multiplying the net land area on the site or portion by the impervious cover percentage that corresponds to the development intensity that applies to the site or portion. While the method for calculating the impervious cover limit for an unforested site varies based upon factors discussed below, no alternative method of calculating impervious cover for forested sites is allowed as it is the Department's intention to preserve valuable forest habitats equally in all parts of the State.

To achieve differing goals, the amount of impervious cover limit for an unforested site is calculated in two ways, with the calculation resulting in the greatest area providing the impervious cover limit for the unforested site or portion of a site. First, the net acreage is multiplied by the impervious cover limit specified in Table E. The amount of impervious cover allowed for unforested sites in the northern waterfront region or urban area region can alternatively be the amount of existing impervious cover on the site in order to encourage redevelopment in these regions. In other regions, the amount of impervious cover allowed on an unforested site may alternatively be the acreage covered by building and/or asphalt or concrete pavement legally existing on the site at the time the application is submitted.

Sites in the urban area region are afforded more impervious cover because these regions are already intensively developed. These impervious cover amounts serve to protect undeveloped land, prevent inappropriate development, and concentrate development in areas that are already developed and have the infrastructure to support additional development. Limiting impervious cover minimizes the negative impacts associated with impervious cover, such as an increase in polluted runoff.

N.J. Admin. Code § 7:7-13.13

Renumbered from 7:7E-5A.9 by 47 N.J.R. 1392(a), effective 7/6/2015

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