[Amended 10-12-2016 by Ord. No. 1092-16; 6-22-2022 by Ord. No. 1172-2022]
Prior to the subdivision or resubdivision of land and prior
to the issuance of a construction permit or certificate of occupancy
for any development, an application for subdivision, site plan or
planned development review, as the case may be, shall be submitted
to and approved by the board of jurisdiction or administrative officer,
as appropriate, and in accordance with the requirements of this article.
[Added 9-12-2007 by Ord. No. 936-07; 6-22-2022 by Ord. No. 1172-2022]
The following shall be exempt from site plan review and approval:
A.
Subdivision or individual lot applications for detached
one- or two-family dwelling unit buildings.
B.
Replacement of previously approved outdoor mechanical
equipment, including air-conditioning equipment, generators, or similar
equipment or appliances, provided that the replacement equipment is
the same or similar to the existing equipment and is installed in
the same location.
C.
Replacement of previously approved fencing, provided that for a fence conforming with the provisions of § 165-117.1, the replacement fencing shall be the same or similar to the existing fencing and in the same location.
D.
Replacement of previously approved signage, provided that for signage conforming with the provisions of § 165-109, the replacement signage shall be the same or similar to the existing signage and in the same location and at the same height.
E.
Replacement
of a previously approved roof-mounted solar energy system, provided
that the replacement system is the same or similar to the existing
system and in the same location and at the same height.
[Added 6-22-2022 by Ord.
No. 1172-2022]
A.
The administrative officer and/or Planning Board, as appropriate,
may waive the requirement of site plan review, in part or in its entirety,
if the proposed development does not require any new variances or
alter any existing variances, and if it:
(1)
Secured previous site plan approval under the terms of this
chapter and the proposed development will have an insignificant impact
on the previously approved site plan; or
(2)
Involves normal repair, maintenance or replacement; or
(3)
Will not affect existing circulation, parking, drainage, stormwater
management, Highlands compliance, building arrangements, landscaping,
buffering, lighting or other considerations of site plan review.
B.
An applicant requesting such a waiver shall provide to the administrative
officer one paper copy and one digital copy of the Administrative
Waiver of Site Plan Review Application and Checklist (Checklist No.
6),[1] together with all accompanying plans and documents and
appropriate application fee.
[1]
Editor's Note: Checklist No. 6 is included as an attachment to this chapter.
C.
Within 30 days of receipt of a complete application, the administrative officer, in consultation with Board Engineer, Board Planner, Board Attorney, and/or other staff and officials, as appropriate, shall determine whether the application meets the criteria set forth in § 165-36.2A above. Applications meeting those criteria may be approved administratively. If the administrative officer is unable to determine whether the application meets the said criteria, the application shall be referred to the full Planning Board for action. In such cases, no additional application fee shall be required.
When approval of the County Planning Board is
required, the applicant shall also file the application with that
agency in accordance with its rules and regulations.
Said application shall be filed with the Clerk
of the Planning Board at least two weeks prior to a regular meeting
of the Planning Board.
[Amended 7-23-1984 by Ord. No. 245-84]
The application shall be accompanied by a filing fee pursuant to § 165-13 to cover the technical, investigative and administrative expenses involved in processing the application.
[Amended 7-23-1984 by Ord. No. 245-84]
A.
An application for development shall be complete for
purposes of commencing the applicable time period for action by the
Planning Board when so certified by the Clerk of the Board. In the
event that the Clerk of the Board does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period unless
the application lacks information indicated on the checklist referred
to below and provided to the applicant, and the Clerk of the Board
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of submission of the application. The applicant
may request that one or more of the submission requirements be waived,
in which event the Planning Board shall grant or deny the request
within 45 days. Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application. The Planning Board may
subsequently require correction of any information found to be in
error and submission of additional information not specified in this
chapter or any revisions in the accompanying documents as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency.
B.
For the purposes of administering this section, the
following checklists for determining completeness of applications
are hereby adopted and made part of this chapter:[1]
[Amended 3-8-1995 by Ord. No. 569-95; 10-28-1998 by Ord. No. 672-98; 6-28-2000 by Ord. No. 724-00; 12-13-2000 by Ord. No. 738-00; 4-23-2003 by Ord. No. 815-03; 8-11-2004 by Ord. No.
860-04; 4-13-2005 by Ord. No. 882-05]
(1)
Checklist No. 1, Application Checklist, revised January
16, 2019.
[Amended 2-13-2019 by Ord. No. 1128-19]
(2)
Checklist No. 2, Master Development Plan, revised
February 11, 2005.
(3)
Checklist No. 3, General Development Plan Approval,
revised February 11, 2005.
(4)
Checklist No. 4, Cellular Tower Site Plan Approval,
revised February 11, 2005.
(5)
Checklist No. 5, Single-Family Residential Lot Variance
Application, revised February 11, 2005.
(6)
Checklist
No. 6, Administrative Waiver of Site Plan Review Application and Checklist,
adopted June 22, 2022.
[Added 6-22-2022 by Ord. No. 1172-2022]
[1]
Editor's Note: The checklists are on file
in the office of the Township Clerk and available to the public at
no charge during normal business hours, Monday through Friday, 8:30
a.m. to 4:30 p.m.
[Added 5-25-2016 by Ord.
No. 1082-16]
A.
Applicability.
(1)
This section shall apply to any application for development
involving lands located within (or partially within) the Township
Highlands Area (which includes the entirety of the Township) that
seeks approval of a site plan, subdivision, or change in use, where
approval of such application would:
(a)
For residential development, create three or more dwelling units;
(b)
For nonresidential development:
[1]
Result in the ultimate disturbance of one acre
or more of land;
[2]
Produce a cumulative impervious surface area of
1/4 acre, or more; or
[3]
Introduce or expand on any of the following land
uses/facilities:
[a]
Landfills;
[b]
Permanent storage or disposal of hazardous wastes,
industrial or municipal sludge or radioactive materials, including
solid waste landfills;
[c]
Collection and transfer facilities for hazardous
wastes, solid wastes that contain hazardous materials, and radioactive
materials;
[d]
Industrial treatment facility lagoons; or
[e]
Any major or minor potential contaminant source
(as identified in Appendix A and Appendix B of this section, respectively[1]) on lands located within 200 feet of the wellhead of any public community well or public noncommunity well, as these are defined at § 165-41.1B below.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
(2)
All thresholds in § 165-41.1A(1)(a) and (b), above, shall be interpreted to apply cumulatively over time, beginning as of the effective date of this section. If or when any one of the thresholds is reached, the section shall apply to any and all development in excess of that threshold. Where an application proposes a mixed use, the thresholds in § 165-41.1A(1)(b), for nonresidential development, shall apply to the whole of the project, while that in § 165-41.1A(1)(a) shall apply to the residential component. For purposes of this section, the phrases "application for development," "Highlands Area," "residential development," "ultimate disturbance," and "cumulative impervious surface area" shall be defined as provided at § 165-41.1B below.
B.
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
(1)
(2)
FARM MANAGEMENT UNIT
HIGHLANDS ACT
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
HIGHLANDS AREA
HIGHLANDS COUNCIL
HIGHLANDS REGION
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLAN CONFORMANCE
PLANNING AREA
PRESERVATION AREA
PUBLIC COMMUNITY WELL
PUBLIC NONCOMMUNITY WELL
REGIONAL MASTER PLAN (RMP)
SOLAR PANEL
STRUCTURE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings.
Construction for the purposes of supporting common farmsite
activities, including, but not limited to, the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
The use of land for common farmsite activities, including,
but not limited to, the production, harvesting, storage, grading,
packaging, processing, and the wholesale and retail marketing of crops,
plants, animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation:
Contain no known man-made structures (whether above or below
the surface of the ground) other than such features as old stone rows
or farm field fencing; and
Consist of exposed rock outcroppings, or areas which, through
exposure to natural processes (such as weathering, erosion, siltation,
deposition, fire, flood, growth of trees or other vegetation) are
no longer impervious or visually obvious, or ecologically restored
areas which will henceforth be preserved as natural areas under conservation
restrictions.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
The Highlands Water Protection and Planning Act, P.L. 2004,
c.120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
The determination made by the NJDEP of whether a project
proposed for the Preservation Area is a major Highlands development,
whether any such major Highlands development is exempt from the Highlands
Act, and whether the project is consistent with the applicable areawide
water quality management plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan.
The New Jersey Highlands Water Protection and Planning Council.
All that area within the boundaries of the municipalities
listed in Subsection a. of Section 7 of the Highlands Act.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
Land uses and activities determined by the Highlands Council
to pose a major risk of groundwater contamination (see Appendix A[2]).
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix B[3]).
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
The process by which a municipality revises the master plan,
development regulations and other regulations related to the development
and use of land to conform them with the goals, requirements, and
provisions of the Regional Master Plan in accordance with the Highlands
Plan Conformance Guidelines.
Lands within the Highlands Region not within the Preservation
Area (N.J.S.A. 13:20-7).
That portion of the Highlands Region so designated by Subsection
b. of Section 7 of the Highlands Act.
A well that provides water to a public water system serving
at least 15 service connections used by year-round residents or regularly
serving at least 25 year-round residents.
A well that is not a public community well and that provides
water to a public water system regularly serving at least 25 individuals
for at least 60 days in any given calendar year.
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended.)
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
Consistency determinations required. No application for development included in Subsection A above shall be deemed complete or considered for review by an approving authority of Clinton Township until and unless the applicant has obtained and provided a copy of:
(1)
A consistency determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A consistency determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as described in Subsection D below, by the applicant's professional(s) that the application has been revised since review by the Highlands Council to achieve consistency with the Highlands Regional Master Plan.
D.
Findings of consistency. Where a Highlands Council consistency determination
indicates that an application for development is inconsistent with
the Highlands Regional Master Plan, no such application shall be deemed
complete or considered for review by an approving authority of Clinton
Township, until or unless the applicant has obtained from the professional(s)
responsible for preparation of the applicant's plans, a certification
indicating that to the best of the knowledge and abilities of such
professional(s), the application has been revised to achieve consistency
with the Highlands Regional Master Plan and specifically describing
the revisions made to achieve such consistency.
E.
Waiver. The Township may issue a waiver from the provisions of this
section where it can be established by the applicant and can be verified
by the Township Administrator or Zoning Officer of the Township that:
(1)
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act (see § 165-41.1H, below), but eligibility for an exemption has been sufficiently established by the applicant; or
(2)
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
F.
Highlands Council call-up. All Township waivers or findings of application
completeness issued pursuant to this section shall be issued in writing,
inclusive of a statement indicating the rationale for the determination.
All such determinations shall be subject to Highlands Council call-up
review, and shall include conditions requiring same consistent with
this subsection. The Township shall, within five calendar days of
issuance of all such determinations, provide a copy of the decision
to the applicant and to the Highlands Council. The Highlands Council
call-up review period shall expire 15 calendar days following its
receipt of same. Upon determining to exercise this authority for call-up
review, the Highlands Council shall transmit notice to the applicant
and the municipality. Absent any such notification from the Highlands
Council within that timeframe, the application shall be considered
complete, with the date of the waiver or finding of application completeness
to be as of the date of first issuance by the municipality.
G.
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this section:
(1)
The reconstruction, within the same footprint, of any building
or other structure lawfully existing as of the effective date of this
section, in the event of its destruction or partial destruction by
fire, storm, natural disaster, or any other unintended circumstance.
(2)
Any improvement or alteration to a building or other structure
lawfully existing as of the effective date of this section, where
such improvement or alteration is necessary for compliance with the
provisions of the Americans with Disabilities Act, or to otherwise
provide accessibility to the disabled.
(3)
Any agricultural or horticultural use or development that would
not result in either:
(a)
An increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% to the total land area of a farm management unit. Solar panels shall not be included in any calculation of agricultural impervious cover (all terms as defined in § 165-41.1B, above); or
(b)
Construction of three or more residential dwelling units (including
accessory dwelling units) served by individual on-site septic system(s).
H.
Exemptions. Any activity, improvement or development project listed
and demonstrated to constitute a Highlands Act exemption shall be
exempt from the provisions of this section. Formal demonstration of
a Highlands Act exemption for an application for development involving
lands located (or partially located) in the Highlands Area shall consist
of one of the following:
(1)
State agency determination. State agency determinations shall
include either a Highlands applicability determination (HAD) issued
by the NJDEP for a Preservation Area proposal, or a Highlands exemption
determination issued by the Highlands Council for a planning area
proposal, in either case, indicating that the proposal qualifies as
a Highlands Act exemption.
(2)
Municipal determination. Pursuant to § 165-41.2, Highlands Area exemptions, below, for any application under this section involving Highlands Act exemption Numbers 4, 6, 7 or 8, the applicant may request and shall be deemed to have satisfied the evidentiary requirement by obtaining a municipal exemption determination issued by the municipal exemption designee as established by § 165-41.2H, provided such determination indicates that the proposal qualifies as a Highlands Act exemption. The applicant may rely upon the findings of a municipal exemption determination to the same extent and with the same protections as would apply in the case of a Highlands exemption determination issued by the Highlands Council, or of a HAD issued by the NJDEP.
[Added 5-25-2016 by Ord.
No. 1083-16]
A.
Purpose. The purpose of this section is to set forth the procedural
and substantive requirements by which the Township will issue Highlands
Act exemption determinations. Such determinations pertain only to
Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands Act exemption
determinations indicate whether proposed activities, improvements
or development projects affecting lands located within the Township
Highlands Area are exempt from the Highlands Water Protection and
Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.), and are
therefore exempt from the Highlands Water Protection and Planning
Council's ("Highlands Council") Regional Master Plan, the New Jersey
Department of Environmental Protection's Highlands Water Protection
and Planning Act Rules and from any amendments to the Township's Master
Plan, development regulations, or other regulations adopted pursuant
to the approval of the Township's petition for plan conformance by
the Highlands Council.
B.
Scope/applicability. The provisions of this section pertain to activities,
improvements and development projects involving lands located within
the Township of Clinton. The provisions of this section shall not
be construed to alleviate any person or entity from the provisions
and requirements of any other applicable ordinances, rules, or regulations
of the municipality, or from any other applicable law, regulation,
or requirement of any county, state, or federal authority having jurisdiction.
Nor shall the provisions of this section deprive any person or entity
from seeking a Highlands exemption determination from the NJDEP or
the Highlands Council.
C.
Statutory authority. This section is adopted under the authority
of the Highlands Act and the MLUL. In the Highlands Act, the Legislature
identified numerous categories of activities that are exempt from
the Act, the RMP, the Preservation Area rules, and any amendments
to a master plan, development regulations, or other regulations adopted
by a local government to conform them with the RMP. See N.J.S.A. 13:20-28.
The Legislature granted the Highlands Council the authority to administer
the plan conformance process and to approve, reject, or approve with
conditions municipal plan conformance petitions. See N.J.S.A. 13:20-14
and 13:20-15. The Legislature, through the MLUL, granted authority
to New Jersey municipalities to govern land use and development within
their borders and, through the Highlands Act, established requirements
for Highlands municipalities to conform their land use and development
regulations with the RMP. In a July 19, 2012, memorandum of understanding
between the Highlands Council and the NJDEP, the Council and the NJDEP
recognized the circumstances in which it would be appropriate for
conforming, Highlands Council-certified municipalities to make determinations
regarding specified Highlands Act exemptions.
D.
Word usage. Terms used in the body of this section which are defined
by the Highlands Act are intended to have the same definitions as
provided in the Highlands Act. Unless expressly stated to the contrary
or alternately defined herein, terms which are defined by the MLUL
are intended to have the same meaning as set forth in the MLUL. For
purposes of this section, the terms "shall" and "must" are indicative
of a mandatory action or requirement while the word "may" is permissive.
E.
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
BUILDING PERMIT
CONSTRUCTION PERMIT
DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
(1)
(2)
ENVIRONMENTAL LAND USE OR WATER PERMIT
FARM MANAGEMENT UNIT
FARMSITE
FOREST MANAGEMENT PLAN
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR HIGHLANDS DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLANNING AREA
PRESERVATION AREA
SOLAR PANEL
STRUCTURE
Definitions. For purposes of this section the following definitions
shall apply:
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings. (N.J.S.A. 13:20-3.)
Construction for the purposes of supporting common farmsite
activities, including, but not limited to, the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
(N.J.S.A. 13:20-3.)
The use of land for common farmsite activities, including,
but not limited to, the production, harvesting, storage, grading,
packaging, processing, and the wholesale and retail marketing of crops,
plants, animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing. (N.J.S.A. 13:20-3.)
Any entity applying to the Board of Health, Planning Board,
Zoning Board of Adjustment, Zoning Officer, Construction Official
or other applicable authority of the municipality for permission or
approval to engage in an activity that is regulated by the provisions
of this section.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
Used interchangeably with the term "construction permit";
see definition below.
A permit issued pursuant to the New Jersey Uniform Construction Code, Chapter 23 of Title 5 of the New Jersey Administrative Code (N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject to the conditions and requirements established under the provisions therein.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to the MLUL
(N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4.)
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
(N.J.S.A. 13:20-3.)
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation:
Contain no known man-made structures (whether above or below
the surface of the ground) other than such features as old stone rows
or farm field fencing; and
Consist of exposed rock outcroppings, or areas which, through
exposure to natural processes (such as weathering, erosion, siltation,
deposition, fire, flood, growth of trees or other vegetation) are
no longer impervious or visually obvious, or ecologically restored
areas which will henceforth be preserved as natural areas under conservation
restrictions.
A permit, approval, or other authorization issued by the
Department of Environmental Protection pursuant to the Freshwater
Wetlands Protection Act, P.L. 1987, c.156 (N.J.S.A. 13:9B-1 et seq.),
the Water Supply Management Act, P.L. 1981, c.262 (N.J.S.A. 58:1A-1
et seq.), the Water Pollution Control Act, P.L. 1977, c.74 (N.J.S.A.
58:10A-1 et seq.), The Realty Improvement Sewerage and Facilities
Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.), the Water
Quality Planning Act, P.L. 1977, c.75 (N.J.S.A. 58:11A-1 et seq.),
the Safe Drinking Water Act, P.L. 1977, c.224 (N.J.S.A. 58:12A-1 et
seq.), or the Flood Hazard Area Control Act, P.L. 1962, c.19 (N.J.S.A.
58:16A-50 et seq.). (N.J.S.A. 13:20-3.)
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise. (N.J.S.A. 13:20-3.)
A farm management unit as defined above.
A written guidance document describing the forest resources
present on a property, the landowner's management goals and objectives,
and the recommended practices or activities to be carried out over
time on the land. This tool is used to evaluate a forest land's current
state and provide a management process which, over time, meets the
landowner's objectives, while maintaining health and vigor of the
resource. Forest management plans are typically written for a ten-year
period. (RMP, Glossary.)
A determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4)
indicating whether a project proposed for the Preservation Area is
a major Highlands development, whether any such major Highlands development
is exempt from the Highlands Act, and whether the project is consistent
with the applicable areawide water quality management plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands RMP.
An approval issued by the NJDEP pursuant to 7:38-6 pertinent
to a regulated activity in the Highlands Preservation Area, and including
an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b.
A spouse, child, parent, sibling, aunt, uncle, niece, nephew,
first cousin, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister,
half brother, or half sister, whether the individual is related by
blood, marriage, or adoption. (N.J.S.A. 13:20-3.)
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
(N.J.S.A. 13:20-3.)
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
Except as otherwise provided pursuant to Subsection a. of Section
30 of the Highlands Act ("exemptions"):
Any nonresidential development in the Preservation Area;
Any residential development in the Preservation Area that requires
an environmental land use or water permit from the NJDEP, or that
results in the ultimate disturbance of one acre or more of land or
a cumulative increase in impervious surface by 1/4 acre or more;
Any activity undertaken or engaged in the Preservation Area
that is not a development but results in the ultimate disturbance
of 1/4 acre or more of forested area or that results in a cumulative
increase in impervious surface by 1/4 acre or more on a lot; or
Any capital or other project of a state entity or local government
unit in the Preservation Area that requires an environmental land
use or water permit from the NJDEP, or that results in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more.
Major Highlands development shall not include any agricultural
or horticultural development or agricultural or horticultural use.
Solar panels shall not be included in any calculation of impervious
surface. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended.)
For purposes of this section, all references to the "Township
Master Plan," "master plan," or "Master Plan" refer to the municipal
Master Plan, as defined in the MLUL, as adopted by the Township Planning
Board.
For purposes of this section, all references to the Highlands
Regional Master Plan (RMP), shall be by use of the words "Highlands
Regional Master Plan," "Highlands RMP," "Regional Master Plan," or
"RMP."
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Lands within the Highlands Region that are not located in
that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b). For
purposes of this section, this terminology shall also be used to refer
to Planning Area lands located solely within the Township.
Lands within the Highlands Region that are located in that
portion designated by the Highlands Act as the "Preservation Area"
(see metes and bounds description at N.J.S.A. 13:20-7b). For purposes
of this section, this terminology shall also be used to refer to Preservation
Area lands located solely within the Township.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (N.J.S.A. 13:20-3.)
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
F.
Highlands Act exemptions.
(1)
Section 30 of the Highlands Act identifies as exempt, specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including but not limited to zoning permit applications, building permit applications, and applications for development (as defined at § 165-41.2E). Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township's master plan, development regulations, or other regulations adopted pursuant to the approval of the Township's petition for plan conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township pursuant to the Highlands Council's approval of the Township's petition for plan conformance.
(2)
Evidence that a proposed activity, improvement, or development project qualifies as a Highlands Act exemption may be sought in the form of either a state agency exemption determination or a municipal exemption determination as provided at § 165-41.2F(2)(a) and (b) below, respectively.
(a)
State agency exemption determination. State agency exemption determinations shall consist of either a Highlands applicability determination issued by the NJDEP for a Preservation Area proposal, or a Highlands exemption determination issued by the Highlands Council for a Planning Area proposal. State agency determinations may be requested with regard to any Highlands Act exemption; however, for applications involving any exemption not identified at § 165-41.2G below, a state agency exemption determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any state entity or local government unit, or for any other publicly owned or controlled land or facility, also must request a state agency exemption determination.
(b)
Municipal exemption determination. For an application involving any of the specific exemptions listed in § 165-41.2G below, the applicant may request a municipal exemption determination. The applicant may rely upon the findings of a municipal exemption determination to the same extent as would apply to an exemption determination issued by the Highlands Council or the NJDEP.
G.
Highlands Act exemptions eligible for municipal determination. Effective
as of the date on which the Township receives written authorization
from the Highlands Council to proceed, an applicant may seek a municipal
exemption determination for the Highlands Act exemptions listed hereunder.
(1)
Exemption 1. The construction of a single-family dwelling, for
an individual's own use or the use of an immediate family member,
on a lot owned by the individual on the date of enactment of the Highlands
Act (August 10, 2004) or on a lot for which the individual entered
into a binding contract of sale to purchase on or before May 17, 2004.
(2)
Exemption 2. The construction of a single-family dwelling on
a lot in existence on the date of enactment of the Highlands Act (August
10, 2004), provided that the construction does not result in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more.
(a)
A municipal exemption determination indicating that an applicant qualifies under Highlands Act Exemption 2 shall require approval and filing of a deed notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the municipal exemption determination (see § 165-41.2I(6) below). Municipal exemption determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved deed notice.
(3)
Exemption 4. The reconstruction of any building or structure
for any reason within 125% of the footprint of the lawfully existing
impervious surfaces on the site, provided that the reconstruction
does not increase the lawfully existing impervious surface by 1/4
acre or more. This exemption shall not apply to the reconstruction
of any agricultural or horticultural building or structure for a nonagricultural
or nonhorticultural use.
(a)
For purposes of this section, this exemption shall not be construed
to permit multiple 125% footprint expansions, but rather, to permit
one or more reconstruction activities cumulatively resulting in a
maximum 125% increase in the footprint of the impervious surfaces
lawfully existing on the site, provided they do not cumulatively exceed
the one-quarter-acre limitation. Any determination of whether the
expansion of impervious cover meets the statutory criteria for the
exemption must account for the preexisting impervious cover, and for
the Preservation Area, such expansion must be contiguous to the location
of the existing impervious cover. See In re August 16, 2007 Determination
of NJDEP ex rel. Christ Church, 414 N.J. Super. 592 (App. Div. 2010),
certif. denied, 205 N.J. 16 (2010).
(b)
For Preservation Area determinations, the applicable date of lawful existence shall be August 10, 2004, the date of enactment of the Highlands Act. For Planning Area determinations, the date of lawful existence shall coincide with the effective date of the municipally adopted Highlands Area Checklist Ordinance (§ 165-41.1) or Highlands Area Land Use Ordinance, whichever is earlier.
(4)
Exemption 5. Any improvement to a single-family dwelling in
existence on the date of enactment of the Highlands Act (August 10,
2004), including but not limited to an addition, garage, shed, driveway,
porch, deck, patio, swimming pool or septic system.
(5)
Exemption 6. Any improvement, for nonresidential purposes, to
a place of worship owned by a nonprofit entity, society or association,
or association organized primarily for religious purposes, or a public
or private school, or a hospital, in existence on the date of enactment
of the Highlands Act (August 10, 2004), including but not limited
to new structures, an addition to an existing building or structure,
a site improvement, or a sanitary facility.
(6)
Exemption 7. An activity conducted in accordance with an approved
woodland management plan pursuant to Section 3 of the Farmland Assessment
Act, P.L. 1964, c.48 (N.J.S.A. 54:4-23.3) or a forest stewardship
plan approved pursuant to Section 3 of P.L. 2009, c. 256 (the State
Park and Forestry Resources Act, N.J.S.A. 13:1L-31), or the normal
harvesting of forest products in accordance with a forest management
plan or forest stewardship plan approved by the State Forester.
(7)
Exemption 8. The construction or extension of trails with nonimpervious
surfaces on publicly owned lands or on privately owned lands where
a conservation or recreational use easement has been established.
H.
Exemption designee(s). Municipal exemption determinations regarding
Highlands Act exemptions shall be issued by the Township Administrator
or Zoning Officer. The exemption designee(s) shall be authorized to
issue municipal exemption determinations on behalf of the Township,
and shall only begin to do so after satisfactory completion of a Highlands
Council training class for which the individual(s) has/have received
formal certification from the Highlands Council.
(1)
Updates to training certification. In the event of programmatic
changes, updated information, or modifications to procedures, updated
training certification may be required of exemption designees in order
to maintain qualifications for providing municipal exemption determinations.
The Highlands Council will provide training modules on an as-needed
basis, to provide base training to new employees, and/or to further
the expertise of already-certified individuals. Exemption designees
and the municipalities they serve will be advised of any need for
upgraded training, which will be provided and funded by the Highlands
Council.
(2)
Interim determinations. For the duration of any period during which the Township is without a qualified exemption designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the NJDEP or the Highlands Council, for a state agency determination pursuant to § 165-41.2F(1) above.
I.
Application procedures.
(1)
Municipal exemption applications. Requests for municipal exemption
determination shall be submitted on forms provided by the Planning
Department and shall be accompanied by sufficient information and
documentary evidence to demonstrate whether the proposed activity,
improvement or development project qualifies for the applicable exemption.
Required submission materials applicable to each exemption appear
at § 165-41.2.M below.
(2)
Completeness determination. The exemption designee shall review
the application and all accompanying materials to determine whether
sufficient information has been submitted to make a determination
on the application. In the event of a finding that the application
is incomplete, the exemption designee shall, within 15 calendar days
of receipt, issue such findings in writing to the applicant, indicating
what information is required to properly consider the application.
(3)
Time for determination. The exemption designee shall issue municipal
exemption determinations within 30 calendar days of receipt of a complete
application. The exemption designee may consult with the Executive
Director (or applicable designee) of the Highlands Council as needed
in making any exemption determination, however. In such circumstance,
the exemption designee shall seek such assistance within the thirty-day
period and shall issue the determination within at least 10 calendar
days of receiving the requested guidance. In no case shall failure
to meet this date constitute approval of the exemption.
(4)
Determinations. All municipal exemption determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any municipal exemption determination certifying to the applicability of Highlands Act Exemption Number 2 shall be contingent upon submission of proof of filing of the required deed notice, as set forth at § 165-41.2I(6), below.
(5)
Notice of determination required. The exemption designee shall
provide copies of all municipal exemption determinations, including
a copy of the full application, to the Highlands Council and, for
decisions regarding lands in the Highlands Preservation Area, to the
NJDEP, in either case, within 10 business days of issuance.
(6)
Deed notice for exemption Number 2. Any municipal exemption determination that certifies to the applicability of Highlands Act exemption Number 2 (§ 165-41.2G(2) above), shall be issued conditionally, pending fulfillment of the requirement that a deed notice be recorded in the office of the Hunterdon County Clerk indicating the extent of the exemption that has been consumed. The deed notice shall incorporate each of the components listed below, and the applicant shall provide a copy of the filed deed notice to the Highlands Council within five business days of filing.
(a)
Clear identification of the name(s) and address(es) of the owner(s)
in fee of the property;
(b)
Designated tax block and lot number(s), street address(es),
municipality and county of location of the property;
(c)
Reference to the municipal exemption determination (by date,
numbering if applicable) issued and under which the deed notice is
being filed;
(d)
Description of the approved area of ultimate disturbance and
the impervious surface area, with verification that these remain below
the statutory limits;
(e)
For properties of one acre or more in area, metes and bounds
delineation indicating the portion of the property for which the ultimate
disturbance has been authorized;
(f)
Agreement to abide by the ultimate disturbance and impervious
surface limits imposed, any furtherance thereof rendering the municipal
exemption determination null and void; and
(g)
Notice that the owner(s) and subsequent owner(s) and lessees
shall cause all leases, grants, and other written transfers of interest
in the property to contain provisions expressly requiring all holders
thereof to take the property subject to the limitations therein set
forth.
J.
Appeal of municipal exemption determination. A municipal exemption
determination may be appealed by any affected person/entity by filing
a notice of appeal within 20 calendar days of issuance or receipt
of said determination, whichever is later, specifying the grounds
therefor. Appeals must be filed with the NJDEP in the case of any
Preservation Area exemption, and with the Highlands Council, in the
case of any Planning Area exemption. All appeals shall be copied to
the exemption designee, who shall immediately transmit to the NJDEP
or the Highlands Council, as applicable, copies of the notice of appeal,
the municipal exemption determination application, and all supplemental
materials constituting the record that the exemption designee relied
upon in issuing the municipal exemption determination. Where the municipal
exemption determination deems an activity, improvement or development
project exempt, the filing of an appeal to the NJDEP or the Highlands
Council shall stay all proceedings in furtherance of its approval
by the municipality.
K.
Effect of certified exemption. Issuance of a municipal exemption
determination that certifies to the applicability of a Highlands Act
exemption shall recognize the applicant's exemption from the provisions
of the RMP, NJDEP Preservation Area rules, and any municipal ordinances
and requirements adopted under the authority of the Highlands Act
to achieve Highlands Plan conformance. The exemption is restricted
solely to the extent of the specified activity, improvement, or development
project as described in the language of the Highlands Act exemption,
or to any lesser activity, improvement, or development project as
proposed and certified through a municipal exemption determination
application. Any activity, improvement, or development project, or
any part thereof, that is not specifically listed as an exemption
or exceeds the limits of an exemption, remains subject to all of the
above regulatory programs to the full extent of the respective applicability
of each. Issuance of a Highlands exemption determination shall not
relieve the applicant from securing all other required federal, state,
or local approvals.
L.
Application fees. The application fee for a municipal exemption determination
shall be $100, except for Exemption Number 5, when it is a part of
a zoning permit application, for which the general zoning permit fee
shall apply.
M.
Submission requirements. All applications shall be accompanied by
the municipal exemption determination application form, the applicable
fees, and the information listed below, as applicable to the particular
exemption or exemption(s) being sought by the applicant. All references
to professional preparers indicated herein shall be construed to include
any and all qualified individuals licensed, certified, or otherwise
eligible and authorized to complete such work, in accordance with
the applicable laws and legal requirements of the State of New Jersey,
including but not limited to the MLUL and Title 13 of the New Jersey
Administrative Code, Law and Public Safety. Where the exemption designee
finds that any submission item is not necessary to address the evidentiary
requirements that must be satisfied for issuance of an exemption determination,
either because alternate items have been provided by the applicant,
or the relevant information is readily available through records,
maps, or any other documents on file in the offices of the municipality,
the exemption designee may waive the applicant's obligation to submit
such information.
(1)
Exemption 1.
(a)
A copy of a deed, closing or settlement statement, title policy,
tax record, mortgage statement or any other official document showing
that the lot was legally owned by the applicant on or before August
10, 2004, and indicating the lot and block as designated by the municipal
tax mapping, the municipality and county in which the lot is located,
and the street address;
(b)
If the applicant did not own the lot, a copy of the binding
contract of sale executed by the seller and the applicant on or before
May 17, 2004, for the lot on which the house is to be constructed;
and
(c)
A certification by the applicant stating that the single-family
dwelling proposed for construction on the lot specified and described
therein by tax lot and block, municipality and county of location,
and street address, is intended for the applicant's own use or the
use of an immediate family member as identified therein by name and
relationship to the applicant.
(2)
Exemption 2.
(a)
A copy of the recorded deed or plat showing that the lot was
created on or before August 10, 2004, or proof of subdivision approval
on or before August 10, 2004;
(b)
A property survey certified by a licensed New Jersey professional
land surveyor indicating the property boundary lines and overall lot
size, and showing what structures currently exist on the lot, if any;
(c)
A parcel plan certified by a licensed New Jersey professional
engineer showing all existing and proposed development, including
all structures, grading, clearing, impervious surface and disturbance,
and including the calculations supporting the claim that impervious
surfaces and areas of disturbance are within the limits necessary
for Exemption 2; and
(d)
A metes and bounds description of the area of the lot to be disturbed, limited to less than one acre and a draft conservation restriction or deed notice (pursuant to § 165-41.2I(5), above) to cover the balance of the lot.
(3)
Exemption 4.
(a)
A parcel plan certified by a licensed New Jersey professional
engineer depicting:
[1]
All existing property improvements, including all structures, grading, clearing, impervious surfaces and limits of disturbance, lawfully existing on the site as of August 10, 2004, for Preservation Area projects and as of the effective date of the municipal Highlands Area Checklist Ordinance (§ 165-41.1) or Highlands Area Land Use Ordinance, whichever is earlier; and
[2]
All proposed development, including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading; and
(b)
A copy of any official documentation of the original date of
construction of the building or otherwise establishing the lawfulness
of existing impervious surfaces.
(4)
Exemption 5.
(a)
A copy of any official documentation proving the single-family
dwelling was in existence on August 10, 2004;
(b)
A description of the proposed improvement; and
(c)
A certification from the applicant that the property and all
improvements will continue to be used for single-family dwelling purposes.
(5)
Exemption 6.
(a)
A copy of any official documentation indicating that the place
of worship, public or private school or hospital was in existence
on August 10, 2004;
(b)
For improvements to a place of worship, documentation showing
that the entity, society or association, or association organized
primarily for religious purposes has nonprofit status;
(c)
A site plan certified by a licensed New Jersey professional
engineer depicting:
[1]
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
[2]
All proposed development, including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading.
(6)
Exemption 7.
(a)
For a private landowner with an approved woodland management
plan or forest stewardship plan:
[1]
A copy of the applicant's tax bill showing that
the site has farmland assessment tax status under the New Jersey Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
[2]
A brief description of the total area of woodlands
that is the subject of the approved woodland management plan or forest
stewardship plan;
[3]
A brief description of the length of time that
the area to be managed has been in use for woodland management or
forest stewardship plan; and
[4]
A copy of the approved woodland management plan
or forest stewardship plan.
(b)
For the normal harvesting of forest products in accordance with
a forest management plan or forest stewardship plan approved by the
State Forester:
[1]
A brief description of the total area where the
normal harvesting of forest products occurs;
[2]
A brief description of the length of time that
the area to be managed has been in use for normal harvesting of forest
products; and
[3]
A copy of a forest management plan or forest stewardship
plan approved by the state Forester.
(7)
Exemption 8.
(a)
A site plan certified by a licensed New Jersey professional
engineer showing the proposed trail construction with details, including
the location and width of existing and proposed trails and those off-site
trails to which they connect, if any;
(b)
A written description of the nonimpervious materials to be used;
and
(c)
For privately owned property, a copy of a deed for the property
and the conservation or recreational use easement on the property.
At the request of an applicant, the Planning
Board shall grant an informal review of a concept plan for a development
for which the applicant intends to prepare and submit an application
for development. The applicant shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review. The concept plan shall be in sufficient
detail to allow the Planning Board to make an informed decision on
the merits of the proposed development. The submission of a concept
plan is recommended prior to the filing of a formal application for
preliminary subdivision approval and preliminary planned development
approval.