N.J. Admin. Code § 7:7-13.17

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:7-13.17 - Impervious cover limits for a site in the CAFRA area

(a) The impervious cover limit for a site in the CAFRA area shall be determined as follows:

1. If a site is located in a CAFRA center, CAFRA core, or CAFRA node, the impervious cover limit is determined under (c) below. Note that the impervious cover limit for such a site is calculated based on the acreage of the total land area on the site, as opposed to the acreage of the net land area on the site;

2. If a site is not located in a CAFRA center, CAFRA core, or CAFRA node but is located in the Coastal Metropolitan Planning Area or in a coastal center, the impervious cover limit is determined under (d) below;

3. If a site is not located in a CAFRA center, CAFRA core, or CAFRA node, and is not located in the Coastal Metropolitan Planning Area or in a coastal center, the impervious cover limit is determined under (e) below; and

4. If a site is located on a military installation, the impervious cover limit is determined under (f) below.

(b) To determine the location of a site for the purposes of determining the applicable impervious cover limit:

1. Determine if the site is located in a CAFRA center, CAFRA core, or CAFRA node by referring to the CAFRA Planning Map;

2. If the site is not located in a CAFRA center, CAFRA core, or CAFRA node, determine if the site is located in a coastal center by referring to Appendix H;

3. If the site is not located in a CAFRA center, CAFRA core, or CAFRA node, and is not located in a coastal center, determine the Coastal Planning Area in which the site is located by referring to the CAFRA Planning Map; and

4. If the site is located on a military installation, see (f) below.

(c) If a site is located in a CAFRA center, CAFRA core, or CAFRA node, the impervious cover limit is the limit at (c)1, 2, or 3 below, whichever is higher:

1. The acreage of the total land area on the site as determined under 7:7-13.3(e)1, multiplied by the impervious cover percentage in Table H below for the type of CAFRA center, CAFRA core, or CAFRA node in which the site is located;

2. For a site located in the Coastal Metropolitan Planning Area, the acreage of the net land area on the site as determined under 7:7-13.3(e), multiplied by the impervious cover percentage in Table H below for the Coastal Metropolitan Planning Area; or

3. The amount of legal, existing impervious cover located on the site, as determined under (g) below.

(d) Subject to the limitations regarding mainland coastal centers at 7:7-13.19(e), if a site is located in the Coastal Metropolitan Planning Area or in a coastal center, the impervious cover limit is the limit at (d)1 or 2 below, whichever is higher:

1. The acreage of the net land area on the site as determined under 7:7-13.3(e), multiplied by the impervious cover percentage in Table H below for the type of coastal center in which the site is located; or

2. The amount of legal, existing impervious cover located on the site, as determined under (g) below.

(e) If the site is not located in a CAFRA center, CAFRA core, or CAFRA node, is not located in the Coastal Metropolitan Planning Area, and is not located in a coastal center, the impervious cover limit is the limit at (e)1, 2, or 3 below, whichever is higher:

1. The acreage of the net land area on the site as determined under 7:7-13.3(e), multiplied by the impervious cover percentage in Table H below for the Coastal Planning Area in which the site is located; or

2. 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, excluding any buildings, asphalt and/or concrete paving placed on a site in accordance with (e)3 below; or

3. For a marina support facility at a legally existing and operating commercial marina including a marina operated by a public agency, commission or authority, the limit at (e)1 or 2 above or the amount of legal existing impervious cover located on the site, as determined under (g) below, provided the marina support facility is placed on existing legal impervious cover, whichever is higher. For the purposes of this subsection, marina support facilities are boat rack systems, facilities for sewage treatment and marina support buildings. Marina support buildings, include, but are not limited to, showrooms, sheds, restrooms, and buildings for marine supplies, bait and tackle, boat sales, dock masters' office(s), and boat repair, maintenance, and manufacturing.

(f) If a site is located on a military installation, the impervious cover limit is the limit at (f)1 or 2 below, whichever is higher:

1. The acreage of the net land area on the site as determined under 7:7-13.3(e), multiplied by the impervious cover percentage in Table H below for a military installation; or

2. The amount of legal, existing impervious cover located on the site, as determined under (g) below.

(g) For the purposes of determining impervious cover limits under (c)3, (d)2, (e)3, and (f)2 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 95-97 imagery; or

3. The amount of impervious cover that was placed under the authority of a coastal permit and after the date the photography was performed for the imagery in (g)2 above.

TABLE H

Percentages For Calculating Impervious Cover
Limits Under 7:7-13.17
Site Location	Impervious Cover Percentage
CAFRA urban center	90 percent
CAFRA regional center	80 percent
Coastal regional center
CAFRA core
CAFRA node
CAFRA town	70 percent
Coastal town
Military installation
CAFRA village	60 percent
Coastal village
CAFRA hamlet	50 percent
Coastal hamlet
Coastal Metropolitan Planning Area	80 percent
Coastal Suburban Planning Area, within a sewer service area	30 percent
Coastal Suburban Planning Area, outside a sewer service area	5 percent
Coastal Fringe Planning Area	5 percent
Coastal Rural Planning Area	3 percent
Coastal Environmentally Sensitive	3 percent
Planning Area

(h) Rationale: The impervious cover percentage for sites located in a CAFRA center, CAFRA core, or CAFRA node is determined by multiplying the total land area, rather than the net land area, by the applicable impervious cover percentage, and comparing the resulting amount to the amount of existing legal impervious cover on the site, with the impervious cover limit being whichever is higher. If a site in a CAFRA center, CAFRA core, or CAFRA node is also in the Coastal Metropolitan Planning Area, in addition to the above two factors, the net land area is multiplied by the impervious cover percentage applicable to the Coastal Metropolitan Planning Area, with the impervious cover limit being the highest of the three resulting amounts. Development in these areas furthers the goal of encouraging the concentration of development and discouraging sprawl. Accordingly, more impervious cover is afforded to these areas.

Impervious cover limits for sites in the Coastal Metropolitan Planning Area or in a coastal center are based either on the acreage of net land area multiplied by the applicable impervious cover percentage, or are equal to the amount of existing impervious cover on the site, whichever is higher. Again, it is likely that there is already impervious cover existing on the site. Sites in this planning area or in coastal centers are often already developed and surrounded by development; these rules seek to concentrate development around existing development and infrastructure.

For other sites, the maximum amount of impervious cover allowed is the acreage of net land area multiplied by the applicable impervious cover percentage or the acreage covered by buildings, asphalt, and/or concrete pavement, whichever is higher. Impervious cover for marina support facilities may also equal the amount of legal existing impervious cover on the site if it results in a larger amount of impervious cover than the first two alternatives. This flexibility for marinas is intended to facilitate marina development in order to promote boating in New Jersey and specifically promote the concentration of boating-related development in marinas rather than individual docks.

Military installations are allowed impervious cover equal to the net land area multiplied by 70 percent, or equal to the existing amount of impervious cover, whichever is larger. Military installations are important for national security and require the placement of impervious surface for buildings, pavement, and other structures in order to serve their intended purpose.

Impervious cover percentages set forth in Table H serve to concentrate development in areas with existing development, infrastructure, and capacity for growth. For example, for sites in the Coastal Suburban Planning Area that are within a sewer service area, impervious cover can be up to 30 percent of the net land area of the site. In the same planning area but outside of a sewer service area, impervious cover can only equal five percent of the net land area. This distinction steers suburban development towards areas with adequate infrastructure to support growth.

N.J. Admin. Code § 7:7-13.17

Renumbered from 7:7E-5B.4 by 47 N.J.R. 1392(a), effective 7/6/2015

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