N.J. Admin. Code § 7:7-4.2

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

Section 7:7-4.2 - Permit-by-rule 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot

(a) This permit-by-rule authorizes the development (including expansion or reconstruction and expansion) of a single-family home or duplex and/or accessory development (such as garages, sheds, pools driveways, grading, excavation, and clearing excluding shore protection structures) provided the single family home or duplex and accessory development are located on a bulkheaded lagoon lot and provided the proposed single-family home or duplex and/or accessory structures comply with all of the following:

1. Development under this permit-by-rule shall not result in development of more than one single-family home or duplex either solely or in conjunction with a previous development as defined at N.J.A.C. 7:7-2.2(b)8;

2. The site is located on a man-made lagoon lot, with an existing bulkhead along the entire waterfront portion of the site;

3. All waterfront portions of the site are protected by a currently serviceable bulkhead;

4. There are no wetlands on the site landward of the bulkhead;

5. The proposed single family home or duplex and accessory structures, excluding decks, are set back a minimum of 15 feet from the waterward face of the bulkhead. If there is no alternative to locating the proposed single family home or duplex and accessory structures at least 15 feet landward of the bulkhead, the setback shall be reduced if an engineering certification is provided demonstrating that, after the proposed development has been constructed, the shore protection structure can be replaced within 18 inches of the existing bulkhead and a conservation restriction is recorded for the property which states that any reconstruction of a bulkhead shall be within 18 inches of the existing bulkhead;

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

7. If the development includes the construction of a driveway, any newly constructed portion of the driveway shall be covered with a permeable material or else be pitched to drain all runoff onto permeable areas of the site;

8. The development shall meet the requirements of N.J.A.C. 7:7-9.25;

9. The single family home or duplex shall be serviced by an existing municipal sewer system; and

10. All sub-gravel liners must be made of filter cloth or other permeable material.

N.J. Admin. Code § 7:7-4.2

Amended by 47 N.J.R. 422(a), effective 2/2/2015

Renumbered from 7:7-7.2(a)(3) by 47 N.J.R. 1392(a), effective 7/6/2015

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