Making driveway repairs in Closter may get a little easier for residents.
An ordinance introduced April 9 would allow residents to repair and replace existing driveways, even ones that do not conform with zoning laws, without receiving a zoning variance.
Currently residents have to go before the Zoning Board to get permission to do any work on their driveways, if the driveways do not conform with the zoning code. This law would let residents skip that step as long as the new driveway does not exceed its current size.
"If it is in existence today and too close to the property line or covers too large of an area they can replace it in the same shape and form. But if they want to enlarge it and encroach it further they would have to go to the Zoning Board for approval," Borough Engineer Nick DeNicola said.
The ordinance came at the recommendation of the Planning Board, which suggested the law be changed to also pertain to structures on lots.
However, Mayor Sophie Heymann said the council decided that in its broader form, the ordinance would have negative effects.
"It could have increased the impervious coverage in Closter that could have had a negative impact. A lot of the lots we’re talking about are small lots and increasing the impervious coverage would give the water no place to run," said Heymann. In addition, including the structures could not have been done in one ordinance because structures lie under the purview of the zoning ordinances, she said.
Overall the ordinance is intended to protect the owners of small lots, said Heymann. Homeowners on small lots are faced with the challenge of meeting tighter restrictions of new side yard setback and impervious coverage rules. "On small lots the driveways are closer to the property boundaries than the newer ordinances that have been passed since then allow. We now have larger side yard setbacks than those properties have and tighter impervious coverage rules," Heymann said.
