Beach Haven City Zoning Code
§ 212-27
Impervious lot coverage requirements.
[Added 11-8-2004 by Ord. No. 2004-29]
In addition to the building lot coverage restrictions provided for in each of the zones as established by the Zoning Ordinance of the Borough of Beach Haven further restrictions are imposed upon the installation of any impervious surface covering any portion of the lot which is not occupied by a structure as permitted by the Zoning Ordinance.
A.
Any impervious surface placed upon that portion of the lot which is not covered by a permitted structure shall be so graded as to cause water falling upon such impervious surface to drain directly to the street upon which the lot having such impervious surface is located and shall be sloped and graded to prevent such water from draining on any adjoining property but drain only onto the street.
[Amended 4-8-2019 by Ord. No. 2019-9C]
B.
Permits and fees for impervious surface coverage.
(1)
No impervious or pervious hardscape as defined in § 212-3, may be installed without first obtaining a permit from the Zoning Officer. The application form for the permit shall be prepared by the Zoning Officer. The fee for the issuance of a permit for the construction of impervious or pervious lot coverage shall be as established in § 212-18.1. In addition, any engineering expenses for inspection or reviews required to assist the Zoning Officer, incurred as a result of the installation of impervious lot coverage, shall be paid by the applicant.
[Amended 2-9-2009 by Ord. No. 2009-6; 4-8-2019 by Ord. No. 2019-9C; 3-13-2023 by Ord. No. 2023-07C]
(2)
Application for a permit for impervious surface coverage shall be made to the Zoning Officer of the Borough of Beach Haven, which application shall be accompanied by a sketch or engineered plan with sufficient information showing the lot coverage and demonstrating that surface drainage as herein called for has been designed and will be implemented upon the lot.
(3)
Maximum impervious coverage.
[Amended 4-8-2019 by Ord. No. 2019-9C; 6-10-2019 by Ord. No. 2019-18C]
(a)
Impervious lot coverage on any lot, including an area covered by any improvement, a permitted structure, swimming pool, deck or the like must maintain 40% of the area as open space and the maximum impervious cover shall be 60%. On lots fronting on the Atlantic Ocean, the 40% calculation shall be made only utilizing the area of the lot lying westwardly of the oceanfront building line. For the purposes of calculating impervious lot coverage, no portion of the lot which is mapped as wetlands and no portion which is riparian shall be includable in the calculation of determining permissible impervious lot coverage. For example, if a lot containing 20,000 square feet in the RC District contains 2,000 square feet of areas mapped as wetlands or riparian lands, then only 18,000 square feet of that lot may be used in calculating the permissive coverage.
[Amended 8-10-2020 by Ord. No. 2020-13C]
(b)
Development within the Affordable Housing Overlay District that is inclusive of affordable housing in compliance with the Borough of Beach Haven Fair Share Plan shall be exempt from the requirements of § 212-27B(3)(a) above, and instead the standards of § 212- 27B(3)(c) and (d) shall apply.
(c)
Impervious lot coverage on any lot, including an area covered by impervious surface, a permitted structure, swimming pool, deck or the like must maintain 25% of the area of the lot not covered by impervious surface or coverage in order to allow surface water to percolate into the natural earth so that it may be absorbed therein. For the purpose of calculating impervious lot coverage, no portion of the lot which is mapped as wetlands and no portion which is riparian should be includable in the calculation of determining permissible impervious lot coverage.
(d)
When less than 75% of the lot is covered by a building, and additional hard surface is proposed, any new surface treatment amounting to between 60% to 75% of lot coverage shall be developed with a hardscape material comprised only of porous pavers or porous pavement. The maximum permitted combination of pervious and impervious surfaces on any lot is 75%. Pervious hardscapes shall be installed in accordance with Detail A, entitled " Typical Construction of Pervious Surfaces" or as directed by the Borough Engineer.
Typical Construction of Pervious Surfaces  |
(4)
All on-site parking lots that are ancillary to a business use shall be constructed of a porous paver or porous pavement surface as defined in § 212-3.
[Added 4-8-2019 by Ord. No. 2019-9C]
(5)
A pervious surface area with a minimum width of 18 inches shall be provided between any impervious surface and the side yard and rear yard property lot lines. The eighteen-inch pervious area is not required for driveways with a minimum six-inch-high curbline along the side of a driveway abutting a property lot line.
[Added 4-8-2019 by Ord. No. 2019-9C]
C.
Installation of impervious surface and pervious hardscape except pursuant to and in accordance with a valid permit issued by the Zoning Officer of the Borough of Beach Haven pursuant to this section shall be punished by fine or imprisonment as provided in § 1-16 of the Code of the Borough of Beach Haven, County of Ocean, State of New Jersey.
[Amended 4-8-2019 by Ord. No. 2019-9C]
D.
Any development as defined by the Municipal Land Use Laws, Beach Haven Borough Ordinances or any other activity which would trigger site plan requirements and/or review, shall require site plan approval and full compliance with this section unless a variance is obtained therefrom.[1]
[Added 10-11-2005 by Ord. No. 2005-23A]