N.J. Admin. Code § 7:7-13.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:7-13.7 - Determining the environmental sensitivity of a site in the upland waterfront development area

(a) The environmental sensitivity of a site in the upland waterfront development area is based on the soil type and the depth to seasonal high water table or the presence of paving or structures. Different portions of a site may have different environmental sensitivities.

(b) A site or portion of a site has a high environmental sensitivity if it has wet or high permeability moist soils.

1. Wet or high permeability moist soils are soils with a depth to seasonal high water table of three feet or less, unless the soils are loamy sand or coarser as defined by the United States Department of Agriculture's Soil Texture Triangle, in which case they are soils with a depth to seasonal high water table of four feet or less.

(c) A site or portion of a site has a medium environmental sensitivity if it has neither a high environmental sensitivity nor a low environmental sensitivity.

(d) A site or portion of a site has a low environmental sensitivity if the depth to seasonal high water table is greater than five feet, or the site or portion of the site has paving or structures at the time the application is submitted.

(e) Rationale: Environmental sensitivity is based on soil type and the depth to seasonal high water table, which are two characteristics that affect a site's vulnerability to adverse impacts associated with development. A site may be assigned on environmental sensitivity distinction, or portions of the same site may have different environmental sensitivities, in which case the portions of the site may ultimately have different impervious cover limits. High, medium, and low environmental sensitivity are described below.

1.High environmental sensitivity

This ranking is given to land areas where they are particularly sensitive to impacts. These areas are valuable as open space, for screening, for ground and surface water purification, and as wildlife habitats. Areas of high soil percolation and shallow depth to water table are especially sensitive to ground water impacts because the rapid percolation offers little pollutant filtration and the distance to groundwater is small. The degradation of groundwater that occurs when these areas are developed increases the importance of protecting these areas from overdevelopment. Therefore, these areas should be left undeveloped or developed at a lower density than lands that are not of high environmental sensitivity.

2.Medium environmental sensitivity

These are land areas that are neither especially sensitive nor insensitive to development.

3.Low environmental sensitivity

This ranking is given to areas where there is a relatively large distance to groundwater and, therefore, little potential for transferring adverse impacts from the surface to groundwater. Paved areas and structures are included because most of the adverse impacts associated with development have already occurred as a result of the original paving or construction. Further development will have a minimal impact.

N.J. Admin. Code § 7:7-13.7

Renumbered from 7:7E-5A.3 by 47 N.J.R. 1392(a), effective 7/6/2015

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