Homeowner: Bernards Twp. Zoning Rules Unclear, Unfair

Most of the July 7 Zoning Board of Adjustment meeting dealt with an issue involving the wording of a Bernards Township zoning ordinance with regard to impervious coverages. The application was for a backyard pool – one that had been built differently than the original approved plan.

What defines impervious coverage varies from municipality to municipality, and according to the applicant's attorney, the ordinance's definition is too vague to be interpreted either way with regard to certain types of ground coverings, such as gravel.

In this case, the applicant's additions would in some towns be considered impervious, in other towns would be considered pervious and in many other towns would be considered somewhere in between.

It was argued by the applicant's attorney that restrictions must be made clear with regard to how a homeowner can use his or her property – suggesting that ambiguities in the ordinance force homeowners to either rely on calling the township for an opinion, as the applicant's engineer testifies that he did twice, or make inferences from a vague definition.

To punish homeowners, he argued, because of a misinterpretation of vague definition, is unfair. But members of the board pointed out that, although the written definition may not be entirely clear, the applicant and his engineer were informed in 2008 and in 2010 that anything man-made is considered impervious.

After hours of testimony, the issue was pushed back to a later meeting to give the applicant time to make alterations to his plans, but the issue of impervious coverage is a recurrent one in the township, especially amid heightened concerns about storm drainage after one of the wettest springs in memory.

Pool construction has also been an issue not only because of the increase in lot coverage but also because of aesthetic concerns, as cul-de-sac residents have learned.

The board also approved a measure to convert an exterior space to an interior space by means of placing a roof on an enclosure that already has three walls at the United States Golf Association administrative building. The hearing was a short one, both because the plans were simple and no clear negative effects could be discerned by the board, and because of the Golf Association's history with the board and as members of the community.

"It's a wonderful thing to have the United States Golf Association in town," said board chairman Kevin Orr.

The next Board of Adjustment meeting is Aug. 4, 2010 at 7:30 p.m. in the Court Room at the Municipal Building on Collyer Lane.