Ordinance Could Affect Impervious Coverage Allowances

Planning to build a home in Lower Saucon Township? The possible adoption of Ordinance 2011-02 could affect the design of that home if a building permit has not yet been obtained.

At their Feb. 2 meeting, township council members discussed the proposed ordinance, which would limit the total amount of impervious coverage allowed by requiring home builders to set aside a small percentage of the impervious coverage allowance for each lot for possible future use by homeowners. "Impervious coverage" is a term used by planners and municipal officials to describe an area of land that is covered by materials such as concrete, asphalt, cement or stone, whose use can affect the surrounding area's ability to absorb rainwater runoff.

Home builders or homeowners who wish to construct additions with footprints in excess of their allowed impervious coverage will need to seek variances from the township's Zoning Hearing Board in order to do so, or reappropriate impervious coverage that is already in use on their property, Township Planner Judy Stern-Goldstein explained.

"There is going to be a significant difference between the amount of impervious coverage you're allowed today and the amount you're going to be allowed under this ordinance," Township Solicitor B. Lincoln Treadwell stated.

Stern-Goldstein added that she wanted to make sure council members understand the full implications of adopting the ordinance, which council will vote on possibly advertising Feb. 16.

"I don't want any of you to be confused or feel that this was glossed over," Stern-Goldstein said.

She added that, in her opinion, "some of the regulations [regulating impervious coverage] were overly loose. We as a township have been feeling that pain for several years now."

Council President Glenn Kern said he was unsure about whether the proposed "deductions in impervious coverage are overly restrictive or not."

"I don't have a feel [for that]," he told Stern-Goldstein, who responded by estimating that the township's ordinance regulating impervious coverage will be "just to the more restrictive side of middle" if Ordinance 2011-02 is adopted.

Township Council Vice President Tom Maxfield said he liked the ordinance and was concerned it might be watered down too much if an exception clause is added to it.

"I don't want to really bleed it down at all," he said. "I feel like this is a really fair ordinance that is motivated for really good reasons and I just don't want to go backwards."

Stern-Goldstein, however, said she would prefer not to see a small number of homeowners who have yet to build be unfairly penalized by the ordinance's passage if possible.

"I want to make sure that we're not penalizing someone who's doing their homework, but we're being fair to the land," she said.

Treadwell said he doubted there are many properties in the township that would be eligible for exception or grandfathering under the proposed ordinance, but under direction from Kern agreed to research the number of properties that could be in play and add language about an exception to the draft before council meets Feb. 16.

Editor's Note: This article has been updated to include an explanation of what impervious coverage is.