No land or premises shall be used, and no building
or structure shall be erected, raised, moved, extended, enlarged,
altered or used, for any purpose other than a purpose permitted herein
for the zone district in which it is located, and all construction
shall be in conformity with the regulations provided for the zone
district in which such building or premises is located.
Each of the sections and provisions of this
article shall apply to all zone districts unless otherwise stated.
[Amended 2-28-1996 by Ord. No. 606-96; 6-14-2006 and 9-13-2006 by Ord. No.
908-06; 7-9-2008 by Ord. No. 965-08]
A.
Any vacant lot, as recorded at the time of passage
of this chapter, that is located in a residential district and fails
to comply with the minimum requirements of this chapter, may be used
for any permitted principal use in the district in which it lies,
provided that the following requirements are complied with:
(1)
In unsewered areas, the lot shall be at least 30,000 square feet, and the bulk requirements shall be as specified for 30,000 to less than 40,000 square foot lots pursuant to the table at § 165-91B.
[Amended 3-23-2011 by Ord. No. 1019-11]
(2)
In sewered areas, the lot shall be at least 20,000
square feet, and the bulk requirements shall be as follows:
(a)
Maximum depth of measurement: 200 feet.
(b)
Minimum lot width: 65 feet.
(c)
Minimum lot width at building: 100 feet.
(d)
Minimum front yard: 40 feet.
(e)
Minimum rear yard: 40 feet.
(f)
Minimum side yard: 15 feet.
(g)
Maximum stories: 2 1/2.
(h)
Maximum height: 35 feet.
(i)
Maximum building coverage: 15%.
B.
Where lots with dwellings thereon or where setbacks
on lots with dwellings thereon were made nonconforming by passage
or amendments to the zoning regulations, additions to the principal
building may be constructed in accordance with the following schedule:
[Amended 3-23-2011 by Ord. No. 1019-11]
|
Less than 20,000
Square Feet
|
20,000 to less than 30,000
Square Feet
|
30,000 to less than 40,000
Square Feet
|
40,000 to less than 50,000
Square Feet
|
50,000 to less than 70,000
Square Feet
|
70,000 - 100,000
Square Feet
|
Greater than 100,000
Square Feet
| |
|---|---|---|---|---|---|---|---|
|
Maximum depth of measurement (feet)
|
150
|
240
|
240
|
275
|
300
|
400
|
800
|
|
Minimum lot width at street (feet)
|
36
|
65
|
75
|
90
|
105
|
120
|
150
|
|
Minimum lot width at building (feet)
|
54
|
100
|
110
|
135
|
160
|
180
|
225
|
|
Minimum front yard (feet)
|
35
|
40
|
50
|
75
|
75
|
75
|
100
|
|
Minimum rear yard (feet)
|
40
|
40
|
50
|
75
|
75
|
75
|
100
|
|
Minimum side yard (feet)
|
10
|
15
|
25
|
30
|
30
|
40
|
50
|
|
Maximum stories
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
|
Maximum height (feet)
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
|
Maximum building coverage
|
20%
|
15%
|
15%
|
15%
|
15%
|
12%
|
5%
|
When a new lot or lots are formed from part
of a parcel of land, the separation must be effected in such a manner
as not to impair any of the provisions of this part. Subdivision shall
be effected in accordance with Part 6.
[Amended 5-12-2021 by Ord. No. 1150-2021]
A.
Where
a use is not specifically permitted in a zone district, it is prohibited.
B.
In addition,
the following uses are expressly prohibited in all zone districts:
(1)
The
operation of any and all classes of cannabis establishments or cannabis
distributors or cannabis delivery services as said terms are defined
in this chapter and in Section 3 of P. L. 2021, c. 16, but not the
delivery of cannabis items and related supplies within the Township
by a cannabis delivery service located outside the Township.
Unless otherwise provided herein, all yards,
open spaces and off-street parking must be contained on the lot and
within the zone district in which the use is located.
No lot, yard, parking area or other space shall
be so reduced in area or dimension as to make said area or dimension
less than the minimum required under this part. If already less than
the minimum required under this part, said area or dimension shall
not be further reduced.
[Amended 4-27-2016 by Ord. No. 1084-16]
A.
Residential uses shall have only one principal building per lot,
except for multifamily dwelling complexes, such as townhouses, apartments
and mobile home parks as hereinafter permitted in this part.
B.
Nonresidential uses may have more than one principal building on
a lot.
C.
Unless otherwise regulated in this part, no principal building shall
be located closer to another building than the height of one of the
buildings, but in no event less than 25 feet.
[Amended 4-12-1995 by Ord. No. 571-95; 2-28-1996 by Ord. No.
606-96; 3-23-2011 by Ord. No. 1018-11]
Except as otherwise provided in this part, buildings
and structures which are accessory to a principal use or building
shall be subject to the following regulations:
B.
Minimum setback from streets: same as for principal
buildings, but the accessory building shall not be located closer
to a street than the principal building. Notwithstanding the above,
on lots of at least five acres the accessory building may be located
closer to the street than the principal building, provided that the
accessory building is located at least 250 feet from the street. On
corner lots, accessory buildings shall not be located closer to a
side street than the minimum front yard requirement for the adjoining
lot.
C.
Side and rear yards.
(1)
Accessory buildings for residential uses in side and
rear yards shall not be located closer to a side or rear lot line
than the minimum distance required below:
(2)
Buildings accessory to nonresidential uses shall meet
the side and rear yard requirements for principal buildings. A farm
building or an accessory building used on a farm shall not be closer
to a property line than the height of the building or the minimum
side or rear yard for a principal building, whichever is greater.
E.
Electric
vehicle (EV) charging stations.
[Added 10-28-2020 by Ord. No. 1142-2020]
(1)
Indoor
EV charging stations, or those enclosed by a building or within a
garage, shall be permitted in all zones.
(2)
Outdoor
EV charging stations shall only be permitted where off-street parking
is provided, excluding surface parking areas for detached single-
and two-family uses and along driveways or street rights-of-way.
(3)
EV
charging stations operated by a third party for profit shall constitute
a separate and distinct principal use subject to the requirements
of this chapter.
(4)
All
exterior or outdoor EV equipment, excluding the electrical dispensing
units, shall be screened from public view.
[Amended 11-24-1986 by Ord. No. 312-86; 8-20-2008 by Ord. No. 969-08]
Every lot must provide front, rear and side
yards as required by its zone district. In addition, the following
requirements shall be met:
A.
All front yards must face upon a dedicated public
street or a private street approved by the Planning Board. On streets
less than 50 feet in width, the required front yard shall be increased
by 1/2 the difference between the width of the street and 50 feet.
If a width greater than 50 feet is shown on an adopted Master Plan
or Official Map, the required front yard shall be measured from the
proposed right-of-way as shown on the Master Plan or Official Map.
B.
In no event shall a principal building be located
closer to a property line at any point than the minimum side yard
requirement.
C.
The minimum rear yard setback requirement shall be
met from any lot line which is located at any angle of 30° or
less to the front lot line, provided that any part of the lot lies
between said lot line and the front lot line. If no part of the lot
is located between said lot line and the front lot line, the minimum
side yard setback requirement shall be met.
D.
The following structures are hereby permitted within
required yard setback areas in all zoning districts:
(1)
Driveway crossings and curbs.
(2)
Landforms associated with required buffers.
(3)
Underground utility crossings.
(5)
Existing subsurface septic disposal systems, including repair or
replacement of an existing subsurface system; provided, however, that
any such repair or replacement of an existing septic system or component
thereof located in a yard setback area pursuant to this subsection
shall not be sized to accommodate an expansion of the property's existing
permitted use.
[Amended 10-12-2016 by Ord. No. 1092-16]
(6)
Roofs, eaves, cornices, bays, railings, and stairs of buildings may
extend into a required yard setback no more than three feet, as measured
from the required yard setback, without the need for variance relief.
Such an encroachment shall be limited to those buildings that are
in compliance with the maximum permitted building height and floor
area ratio of the zone district within which they are located. Encroachments
pursuant to this provision shall not be permitted for buildings that
contain a use(s) that is not permitted, or which building itself is
not permitted.
[Added 4-27-2016 by Ord.
No. 1084-16]
E.
All structures not specifically permitted herein are
prohibited within yard setback areas, including basins, stormwater
management facilities, lighting, concrete pads, trash enclosures,
subsurface septic disposal beds or tanks, storage tanks, and retaining
walls.
[Amended 9-9-2009 by Ord. No. 992-09]
Where a lot is bounded by more than one street,
the front yard setback requirement and minimum lot width requirement
from each abutting street shall be met. A corner lot shall have two
front yards and the remaining yards shall be side yards.
The height provisions of this part shall not
apply to bulkheads, elevator enclosures, water tanks or similar accessory
structures occupying an aggregate of 10% or less of the area of the
roof on which they are located, provided that such structures do not
exceed the height limit by more than 10 feet. Nothing in this part
shall prevent the erection above the height limitation of a parapet
wall or cornice extending above such height limit not more than three
feet.
No transportable or wheel-based structures or
other temporary structure used as an office, storage shed or other
use incidental to and in connection with a permitted construction
project or building shall be placed on the site unless the Construction
Official shall first have issued a temporary permit therefor. Such
structure shall not be located so as to be detrimental to any adjoining
property and shall be removed from the site prior to the issuance
of a certificate of occupancy for the permitted construction project
or building.
A.
In the residential, office building and commercial
residential zones, outdoor storage is prohibited. This shall not be
deemed to include the display and sale of seasonal farm produce or
specifically permitted outdoor uses, the outdoor parking of farm machinery
or vehicles in use on a farm or normal outdoor storage, such as storage
of firewood, in residential zones.
B.
In the commercial, commercial-industrial and research,
office and manufacturing zones, no article or material shall be kept,
stored or displayed outside the confines of a building unless the
same is screened by special planting or a fence, as approved by the
Planning Board. No storage area shall be located in a front yard nor
in a side yard adjoining a street. Said storage area shall meet the
location requirements for accessory buildings. These provisions shall
not preclude:
[Amended 8-10-2011 by Ord. No. 1024-11]
(1)
The
outdoor storage and display in any yard of plant material by commercial
greenhouses and plant nurseries nor motor vehicles being offered for
sale by motor vehicle sales establishments, provided that such storage
or display is located at least 50 feet from a street and 25 feet from
a property line;
(2)
The outdoor storage of water-insoluble bulk materials, such as gravel, sand, dense-graded aggregate, mulch, etc., provided the storage meets the locational requirements of § 165-102B, above, and is located no closer than 50 feet to any stormwater inlets, stormwater conveyance structures (including swales and basins) and surface water bodies. In no case shall bulk materials be located within regulatory buffers or transition areas associated with riparian areas or wetlands.
(3)
The
storage of water-soluble bulk materials, such as salt, chemicals,
fertilizer, etc. within accessory containment structures, outside
of a principal building, that meet the following requirements:
(a)
The containment structure shall provide for the containment of the
bulk material on at least three sides, and shall prevent spilling
or migrating of the material beyond the footprint of the containment
structure; one side may remain free of containment in order to provide
for access to the material that is being stored.
(b)
The containment structure shall have a roof that is sufficient to
prevent the exposure of the bulk material that is being contained
to precipitation.
(c)
The containment structure shall have an impervious floor that prevents
bulk material from mixing with the ground or soil below the structure.
(d)
The containment structure shall comply with the standards for accessory buildings contained in § 165-97.
(e)
The footprint of a containment structure shall be considered impervious
coverage, but shall not be counted towards the calculation of floor
area ratio.
C.
Except as provided for in § 165-102B(3), in any zone, there shall be no outdoor storage in any zone of water-soluble bulk materials including, but not limited to, salt, chemicals, fertilizer, etc. for any purpose, including landscaping, road and parking area maintenance.
[Amended 8-10-2011 by Ord. No. 1024-11]
A.
Title. This section shall be known as the "Clinton
Township Shed Ordinance."
B.
Intent. It is in the interest of the safety of the
residents of the Township to be allowed to construct safe and securely
anchored sheds for the storage of materials and equipment. Tools and
mowers with their accompanying oil and gasoline cans, paints, solvents
and similar materials are more safely stored in a shed than in a house
or garage. It is the intent of this section to permit such storage
shed built to reduced requirements and restrictions.
C.
STORAGE SHED
As used in this section, the following terms shall
have the meanings indicated:
[Amended 2-28-1996 by Ord. No. 606-96]
A building that is accessory to a single-family residential
dwelling with dimensions that are not greater than 200 square feet
in area and not exceeding 10 feet in height at the eaves and that
is used solely for storage.
[Amended 5-26-2004 by Ord. No. 847-04; 4-27-2011 by Ord. No.
1020-11]
D.
Construction standards.
(1)
The shed shall be either prefabricated or custom built.
(2)
The entire shed shall be constructed and installed
in accordance with the provisions regulating sheds in the Uniform
Construction Code, N.J.A.C. 5:23-2.14, as presently adopted or as
amended in the future.
[Amended 7-18-2007 by Ord. No. 930-07; 4-27-2011 by Ord. No.
1020-11
E.
Setbacks. Setbacks from the side and rear yard lines
may be reduced to 10 feet, except in zones SR and VR, where the setback
may be reduced to six feet. Sheds shall comply with the front-yard
setback for principal buildings in all zones.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 4-27-2011 by Ord. No.
1020-11]
F.
Number of sheds permitted. One shed as defined in this section shall be permitted on each lot in a residential zone. Any additional buildings or structures shall be subject to the provisions regulating the placement of accessory buildings and structures pursuant to §165-97.
[Amended 4-27-2011 by Ord. No. 1020-11
G.
Permit required. Prior to the construction or installation
of a shed, a zoning permit shall be obtained from the Zoning Official.
Sheds with dimensions measuring greater than 100 square feet in area,
or as may be required by the Uniform Construction Code, shall require,
in addition to a zoning permit, a construction obtained from the Construction
Official per the fee schedule.
[Amended 5-26-2004 by Ord. No. 847-04; 4-27-2011 by Ord. No.
1020-11]
Whenever additional street right-of-way is obtained
by the Township, County of Hunterdon or State of New Jersey for a
road improvement, by purchase, donation, dedication, condemnation
or by other legal means, the required minimum lot area of an existing
lot shall be reduced by the same area deeded to the Township, county
or state as aforesaid.
On a street corner a fence, structure or planting
over 24 inches in height above the curb or edge of roadway shall not
be erected or maintained within a triangle formed by the intersecting
street right-of-way lines and a line connecting said right-of-way
lines and located 50 feet from their point of intersection.
Not more than one commercial vehicle shall be
parked or garaged on a lot used for residential purposes. Said vehicle
shall be owned, leased or regularly used by a resident of the premises
and shall be limited to the single-wheel variety. This provision shall
not be deemed to limit the number or type of commercial vehicles in
use on a farm.
The outdoor storage or parking in the open in
residential districts of recreational equipment and vehicles, such
as, but not limited to, trailers of any kind, boats, pickup coaches
and motorized homes, is only permitted subject to the following conditions:
A.
Any such vehicle or piece of equipment shall be owned
or leased by a resident of the premises.
B.
Any such vehicle or piece of equipment shall be located
in a side or rear yard only, but in no event in a side yard adjoining
a street.
C.
Any such vehicle or piece of equipment shall be located
so as to meet yard and setback requirements applicable to accessory
buildings.
D.
No such parking or storage shall preempt any required
off-street parking area.
E.
Any such vehicle or piece of equipment shall be screened
from view from an adjoining property or street by fencing or dense
evergreen planting, except where existing natural screening exists
or where topographic conditions would render such screening ineffective.
[Amended 12-22-1999 by Ord. No. 710-99]
A.
Aboveground storage tanks (ASTs) are permitted for
residential, farm, industrial, governmental and commercial uses where
the ASTs are used only for fueling vehicles in connection with their
own operations. All tanks shall have Underwriter's or American Petroleum
Institute (API) approval. Tank locations shall be at least 40 feet
from a property line and at least 10 feet from any building, and shall
meet the distance setback requirements specified in National Fire
Protection Association, Inc. (NFPA) Flammable and Combustible Liquids
Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA
30A). ASTs shall be labeled with six-inch letters as to the tank content,
and the AST shall be painted with rust-inhibiting white paint. Such
ASTs shall be considered an accessory use.
B.
The storage of combustible and flammable liquids shall
be in conformance with the National Fire Protection Association, Inc.
(NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive
and Marine Service Station Code (NFPA 30A).
C.
Individual tanks serving farm, industrial, governmental
and commercial uses shall not exceed 10,000 gallons in capacity with
a maximum aggregate capacity of 18,000 gallons per facility.
D.
Individual tanks serving residential uses shall not
exceed 550 gallons in capacity for flammable liquids and 1,100 gallons
in capacity for combustible liquids.
[Amended by Ord. No. 552-94; 3-25-1998 by Ord. No. 647-98; 5-14-2008 by Ord. No.
963-08]
A.
Short title. This section shall be known as the "Sign
Regulations of the Township of Clinton, Hunterdon County, New Jersey."
B.
Purpose, intent and scope. It is the purpose of this
section to promote the public health, safety and general welfare through
reasonable, consistent and nondiscriminatory sign standards. The sign
regulations in this section are not intended to censor speech or to
regulate viewpoints, but instead are intended to regulate the secondary
effects of speech, and especially insofar as those secondary effects
may adversely affect aesthetics and traffic and pedestrian safety.
In order to preserve and enhance the Township as a desirable community
in which to live and do business, a pleasing, visually attractive
environment is of foremost importance. The regulation of signs within
the Township is a highly contributive means by which to achieve this
desired end. These sign regulations have been prepared with the intent
of enhancing the visual environment of the Township and promoting
its continued well-being, and are intended to:
(1)
Encourage the effective use of signs as a means of
communication in the Township;
(2)
Maintain and enhance the aesthetic environment and
the Township's ability to attract sources of economic development
and growth;
(3)
Improve pedestrian and traffic safety;
(4)
Minimize the possible adverse affect of signs
on nearby public and private property;
(5)
Foster the integration of signage with architectural
and landscape designs;
(6)
Lessen the visual clutter that may otherwise
be caused by the proliferation, improper placement, illumination,
animation, excessive height, and excessive size (area) of signs which
compete for the attention of pedestrian and vehicular traffic;
(7)
Allow signs that are compatible with their surroundings
and aid orientation, while precluding the placement of signs that
contribute to sign clutter or that conceal or obstruct adjacent land
uses or signs;
(8)
Encourage and allow signs that are appropriate
to the zoning district in which they are located and consistent with
the category of use and function to which they pertain;
(9)
Curtail the size and number of signs and sign
messages to the minimum reasonably necessary to identify a residential
or business location and the nature of any such business;
(10)
Establish sign size in relationship to the scale
of the lot and building on which the sign is to be placed or to which
it pertains;
(11)
Categorize signs based upon the function that
they serve and tailor the regulation of signs based upon their function;
(12)
Preclude signs from conflicting with the principal
permitted use of the site and adjoining sites;
(13)
Regulate signs in a manner so as to not interfere
with, obstruct the vision of or distract motorists, bicyclists or
pedestrians;
(14)
Except to the extent expressly preempted by
state or federal law, ensure that signs are constructed, installed
and maintained in a safe and satisfactory manner, and protect the
public from unsafe signs;
(15)
Preserve, conserve, protect, and enhance the
aesthetic quality and scenic beauty of all districts of the Township;
(16)
Allow for traffic control devices consistent
with national standards and whose purpose is to promote highway safety
and efficiency by providing for the orderly movement of road users
on streets and highways, and that notify road users of regulations
and provide warning and guidance needed for the safe, uniform and
efficient operation of all elements of the traffic stream;
(17)
Protect property values by precluding to the
maximum extent possible sign types that create a nuisance to the occupancy
or use of other properties as a result of their size, height, illumination,
brightness, or movement;
(18)
Protect property values by ensuring that sign
types, as well as the number of signs, are in harmony with buildings,
neighborhoods, and conforming signs in the area;
(19)
Regulate the appearance and design of signs
in a manner that promotes and enhances the beautification of the Township
and that complements the natural surroundings in recognition of the
Township's reliance on its natural surroundings and beautification
efforts in retaining economic advantage for the community;
(20)
Preserve and enhance the rural and historic
character of the Township; and
(21)
Enable the fair and consistent enforcement of
these sign regulations.
(22)
Provide for reasonable conditions for the placement of temporary
off-site signs without causing undue regulatory burdens on the community,
which shall not be construed in any way to permit, allow or authorize
the erection of permanent off-site signs or billboards.
[Added 3-14-2012 by Ord. No. 1035-12]
C.
Prohibited signs. The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of § 165-109D.
(1)
Billboards. Such prohibition shall not be deemed to
be a prohibition on temporary off-site signs as permitted herein.
[Amended 3-14-2012 by Ord. No. 1035-12]
(2)
Revolving signs.
(3)
Flashing signs.
(4)
Animated signs.
(5)
Wind signs.
(6)
Portable signs.
(7)
Roof signs.
(8)
Abandoned and discontinued signs.
(9)
Snipe signs; bandit signs.
(10)
Projecting signs, except as expressly allowed.
(11)
Bus bench advertising signs; bus shelter advertising
signs.
(12)
Signs that emit smoke, visible vapor or smoke,
sound, odor, or visible particles or gaseous matter.
(13)
Signs that have unshielded illuminating devices and/or that do not fully comply with the Township's lighting ordinance regulations contained within § 165-74.
(14)
Signs that obstruct, conceal, hide or otherwise
obscure from view any official traffic or governmental sign, signal
or device.
(15)
Wall signs that exceed 200 square feet in sign
area.
(16)
Freestanding signs that are higher than 15 feet.
(17)
Signs within a sight triangle.
(18)
Signs in the public right-of-way, other than
traffic control device signs, warning signs or safety signs.
(19)
Signs other than a traffic control device sign
that use the word "stop" or "danger," or present or imply the need
or requirement of stopping or the existence of danger, or which copy
or imitate an official traffic control device signs, and which are
adjacent to the right-of-way of any road, street, or highway.
(20)
Signs prohibited by state or federal law.
(21)
Vehicle sign or signs which have a total sign
area on any vehicle in excess of 10 square feet, when the vehicle
is not regularly used in the conduct of the business or activity advertised
on the vehicle, and is visible from a street right-of-way within 100
feet of the vehicle; and is parked for more than five consecutive
hours within 100 feet of any street right-of-way. A vehicle shall
not be considered "regularly used in the conduct of the business or
activity" if the vehicle is used primarily for advertising, or for
the purpose of advertising, or for the purpose of providing transportation
for owners or employees of the business or activity advertised on
the vehicle.
(22)
Signs located on real property without the permission
of the property owner.
(23)
Beacon signs, except as required by federal
or state law.
(24)
Intermittent signs.
(25)
Sandwich board signs.
(26)
Signs located, painted or affixed on a water
tower, storage tower, or cell tower that are visible from a public
street or roadway.
D.
Nonconforming signs. A nonconforming sign that was
lawfully erected may continue to be maintained until the nonconforming
sign is substantially damaged or destroyed. At such time that the
nonconforming sign is substantially damaged or destroyed, the nonconforming
sign must either be removed or be brought into conformity with this
section and with any other applicable law or regulation.
E.
Exemptions. This section does not pertain to the following:
(1)
A sign, other than a window sign, located entirely
inside the premises of a building or enclosed space.
(2)
A sign on a car, other than a prohibited vehicle
sign or signs.
(3)
A statutory sign.
(4)
A traffic control device sign.
(5)
Any sign not visible from a public street, sidewalk
or right-of-way; except that the foregoing does not exempt a sign
for a commercial use that is visible from an abutting residential
use.
F.
Permits.
(1)
Building permits. It shall be unlawful for any
person or business or the person in charge of the business to erect,
construct, or alter a permanent sign structure whose construction
is subject to the New Jersey Uniform Construction Code, without first
obtaining such building permit from the Township as may be required
by the New Jersey Uniform Construction Code. Permit fees, if any,
shall be paid in accordance with the applicable fee schedules. The
requirement of a building permit under the New Jersey Uniform Construction
Code is separate and independent of the requirement for a sign permit
under this section.
(2)
Sign permits.
(c)
No sign permit shall be issued for the erection
of a prohibited sign.
(e)
A sign lawfully erected under permit may be
repainted or have ordinary and customary repairs performed, including
replacement of plastic or glass panels, without a new sign permit;
however, if such sign is to be structurally altered in any manner,
a new sign permit shall be required and the altered sign must meet
all requirements of this section and this Code.
(3)
Sign permit application and issuance of sign
permit.
(a)
A sign permit application shall be made upon
a form provided by the Township. The sign permit application is in
addition to any building permit application required by the New Jersey
Uniform Construction Code. The sign permit application shall be accompanied
by plans and specifications drawn to scale, together with any site
plan required by this section or this Code. The applicant shall furnish
the following information on or with the sign permit application form:
[1]
The block, lot and street address of the real
property where the sign is proposed to be located.
[2]
The zoning district for the real property on
which the sign will be located.
[3]
The name, mailing address and telephone number
(where available) of the owner(s) of the real property where the sign
is proposed to be located.
[4]
A notarized statement of authorization signed
by the owner(s) consenting to the placement of the proposed sign on
the real property.
[5]
The name, mailing address and telephone number
of the sign contractor.
[6]
Type of proposed sign (e.g., wall sign or freestanding
sign).
[7]
The proposed sign area.
[8]
The cost of the proposed sign.
[9]
If the proposed sign is a freestanding sign:
[a]
The height of the proposed freestanding
sign.
[b]
The sign area of the freestanding
sign and the dimensions utilized to calculate the size.
[c]
The distance between the closest
existing freestanding sign and the proposed freestanding sign as measured
in each direction along each abutting street or right-of-way.
[d]
The location, height and area of
any existing freestanding sign on the same lot where the proposed
freestanding sign will be located.
[e]
The front and side yard setbacks
for the proposed sign.
[10]
If the proposed sign is an attached
sign, the building frontage for the building to which the attached
sign shall be affixed.
[11]
The number, type, location, and
surface area for all existing signs on the same lot and/or building
on which the sign will be located.
[12]
Whether the proposed sign will
be an illuminated or nonilluminated sign.
(b)
An applicant shall deliver a sign permit application
for a permanent sign to the Township's Zoning Officer or his or her
designee, or such other person as designated by the Township. The
sign permit application shall be reviewed for a determination of whether
the proposed sign meets the applicable requirements of this section
and any applicable zoning law. The review of the sign permit application
shall be completed within 10 calendar days from the date of receipt
of the application, and the application shall be granted or denied
within that time frame. In the event that no decision is rendered
within 10 calendar days following submission, the application shall
be deemed granted; however, the application shall be deemed denied
if the application is for a prohibited sign and the applicant may
appeal to the Board of Adjustment pursuant to the MLUL.
(4)
Fees.
(a)
Sign permit fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the Township at the time of the application. This sign permit fee shall be deemed a zoning permit fee and shall be in accordance with the zoning permit fee schedule set forth in § 165-13 of this Code.
(b)
Building permit fees distinguished. The sign
permit fee, if any, shall be separate and apart from any required
fee for a building permit for the erection of a sign covered by the
New Jersey Uniform Construction Code.
(5)
Conditions.
(a)
Duration of permit. If the work authorized under
a sign permit has not been completed within 180 days after the date
of issuance, the permit shall become null and void and a new application
for a sign permit shall be required.
(b)
Maintenance of signs.
[1]
All visible portions of a sign and its supporting
structure shall be maintained in a safe condition and neat appearance
according to the following:
[2]
Lawfully erected nonconforming signs may suffer
only ordinary and customary repairs and maintenance. A lawfully erected
nonconforming sign shall not be structurally altered except in full
conformance with this section.
G.
Sign illumination. The illumination of signs, where allowed, shall comply with § 165-74 of the Land Use Regulations of Clinton Township.
H.
Substitution of noncommercial speech for commercial
speech. Notwithstanding anything contained in this section or this
Code to the contrary, any sign erected pursuant to the provisions
of this section or this Code with a commercial message may, at the
option of the owner, contain a noncommercial message unrelated to
the business located on the premises where the sign is erected. The
noncommercial message may occupy the entire sign face or any portion
thereof. The sign face may be changed from a commercial to a noncommercial
message, or from one noncommercial message to another, as frequently
as desired by the owner of the sign, provided that the sign is not
a prohibited sign or sign type, and provided that the size, height,
setback and other dimensional criteria contained in this section and
this Code have been satisfied.
I.
Content neutrality as to sign message (viewpoint).
Notwithstanding anything in this section or this Code to the contrary,
no sign or sign structure shall be subject to any limitation based
upon the content (viewpoint) of the message contained on such sign
or displayed on such sign structure.
J.
Setback measurement. Required setbacks for signs in
all zoning districts shall be measured from the property line to the
nearest part of the sign.
K.
Double-faced signs. Double-faced signs shall be permitted
in all zoning districts, provided the signs are designed and constructed
such that the two sign faces are back to back with a maximum distance
of 18 inches between the two sign faces and directionally oriented
180º from each other. The maximum sign area allowed shall be
permitted for each sign face.[1]
[1]
Editor's Note: Former Subsection L, Temporary on-site special event signs, as amended, which immediately followed this subsection, was repealed 3-14-2012 by Ord. No. 1035-12. See now Subsection L(15). This ordinance also provided for the redesignation of former Subsections M through T as Subsections L through S, respectively.
L.
All districts. The regulations in this section apply
in every zoning district, except where otherwise specified or indicated.
Sign permits are not required for the signs and sign types described
and identified in this subsection.
(1)
Street address signs. For each parcel, residence
or business, one street address sign may be displayed. For each residence,
the street address sign shall not exceed two square feet in sign area
unless required by applicable law. For each business or parcel in
nonresidential use, the street address sign shall not exceed six square
feet in sign area unless required by applicable law.
(2)
Nameplate or occupant identification signs.
For each residence, business or other occupancy, one nameplate sign
may be displayed. For residences the nameplate or occupant identification
signs shall not exceed two square feet in sign area. For any nonresidential
use, the nameplate or occupant identification sign shall not exceed
six square feet in sign area.
(3)
Directional signs. Noncommercial on-site directional
signs, not exceeding four square feet in sign area, shall be allowed
on each parcel.
(4)
Parking space signs. Noncommercial on-site parking
space number signs, not exceeding one square foot of sign area, shall
be for a noncommercial use having multiple parking spaces on site.
One such sign shall be allowed for each parking space.
(5)
Free expression signs. For each parcel, one
free expression sign not exceeding four square feet in sign area may
be displayed. The free expression sign may be displayed as an attached
sign or as a freestanding sign; if displayed as a freestanding sign,
the freestanding sign shall not exceed three feet in height. A free
expression sign is in addition to any other sign permitted under this
section and is permitted in any zoning district. Only one such sign
shall be permitted on each lot.
(6)
Election signs. For each parcel, one election
sign for each candidate and each issue may be displayed. An election
sign may be displayed as an attached sign or as a freestanding sign.
The election sign shall not exceed four square feet in sign area if
located on a lot in a residential district and shall not exceed 24
square feet in sign area if located on a lot in a nonresidential district.
If the election sign is displayed as a freestanding sign on the parcel,
the election sign shall not exceed three feet in height. An election
sign shall be removed within seven calendar days following the election
to which it pertains.
(7)
Flagpoles. One flagpole is allowed for each
parcel. A flagpole shall not exceed 35 feet in height and shall be
subject to setbacks in the applicable zones in which it is located.
(8)
Flags. For each flagpole, two flags not greater
than 24 square feet in sign area each may be displayed.
(9)
Warning signs and safety signs. Warning signs
and safety signs, not exceeding four square feet in sign area, shall
be allowed in all districts.
(10)
Temporary construction signs. One temporary
construction sign shall be allowed on a lot, subject to the following
limitations:
(a)
Number. For each lot, one temporary construction
sign shall be permitted.
(b)
Size and height. For a lot in a residential
district, a temporary construction sign shall not exceed four square
feet in sign area and three feet in height; and for a lot in a nonresidential
district, a temporary construction sign shall not exceed 24 square
feet in sign area and six feet in height.
(c)
Setback. Temporary construction signs shall
be set back from any lot line by at least five feet.
(d)
Duration. Temporary construction signs shall
be removed within seven days following the issuance of the certificate
of occupancy or the expiration date of any applicable building permit,
whichever shall first occur.
(11)
Temporary real estate signs.
(a)
Number. One temporary real estate sign may be
displayed on each parcel of land or part thereof that is for sale,
lease, or rent; however, when more than one dwelling unit or nonresidential
space on a parcel of land is for sale, lease, or rent, there may be
one real estate sign for each such unit or space. For a parcel with
dual street frontage, such parcels may have one additional temporary
real estate sign per frontage.
(b)
Size and height. For residential uses, the temporary
real estate sign shall not exceed four square feet in sign area and
three feet in height; and for a nonresidential use, the temporary
real estate sign shall not exceed 24 square feet in sign area and
six feet in height.
(c)
Setback. Temporary real estate signs shall be
set back from any lot line by at least five feet.
(d)
Duration. Temporary real estate signs shall
be removed within seven days following the closing or settlement of
a sale, lease or rental of the real estate that was offered for sale,
lease, or rent.
(12)
Temporary garage-yard sale signs. For each parcel
with a lawful residential use, a temporary garage-yard sale sign may
be displayed, subject to the following limitations:
(a)
Number. One temporary garage-yard sale sign
may be displayed.
(b)
Size and height. A temporary garage-yard sale
sign shall not exceed four square feet in sign area and three feet
in height.
(c)
Setback. A temporary garage-yard sale sign shall
be set back from any lot line by at least five feet.
(d)
Duration. A temporary garage-yard sale sign
may not be displayed for a period longer than three days twice a year.
(13)
Temporary window signs. For each lot, one or
more temporary window signs may be displayed. On lots that are in
residential use, the temporary window sign(s) shall not exceed an
aggregate of three square feet in sign area. On lots that are in nonresidential
use, the temporary window sign(s) shall not exceed an aggregate of
24 square feet in sign area. Temporary window signs shall not cover
more than 25% of any window surface.
(14)
Temporary future development signs. A temporary
future development sign shall be allowed in new subdivisions, subject
to the following limitations:
(a)
Number. No more than one such sign shall be
allowed upon any property held in single and separate ownership.
(b)
Size and height. A temporary future development
sign shall not exceed 24 square feet in sign area. A temporary future
development sign shall not exceed six feet in height.
(c)
Setback. A temporary future development sign
shall be set back from any lot line by at least five feet.
(d)
Duration. Temporary future development signs
shall be removed within seven days after the last dwelling has been
sold.
(15)
Temporary special event signs. Temporary on-site or off-site special
event signs shall be permitted in all districts subject to the following
limitations:
[Added 3-14-2012 by Ord. No. 1035-12]
(a)
Temporary special event signs shall provide notice of a special event as defined in the definition of "special event sign" in § 165-4, Definitions.
(b)
Temporary on-site special event signs shall be limited to one
per event.
(c)
Temporary off-site special event signs shall be limited to one
per property or lot.
(d)
Temporary on-site special event signs shall not be located closer
than 15 feet to a front property line or street right-of-way; however,
a temporary on-site special event sign that does not exceed four square
feet in area and three feet in height may be located no closer than
five feet to a front property line or street right-of-way.
(e)
Temporary on-site special event signs shall not exceed 24 square
feet in sign area and six feet in height; for each additional foot
of setback beyond 15 feet from a street right of way, the sign area
may be increased by an additional five square feet, but in no event
shall the sign area exceed 200 square feet.
(f)
Temporary off-site special event signs shall not be located
closer than five feet to a property line or street right-of-way.
(g)
Temporary off-site special event signs shall not exceed four
square feet in sign area and three feet in height.
(h)
Temporary special event signs shall not conceal or obstruct
adjacent land uses or signs.
(i)
Temporary special event signs shall not conflict with the permitted
principal use of the site or adjoining sites.
(j)
Temporary special event signs shall not interfere with, obstruct
the vision of or distract motorists, bicyclists or pedestrians.
(k)
Temporary special event signs shall be installed and maintained
in a safe manner.
(l)
The display of temporary special event signs shall not begin
any earlier than three weeks before the event and shall be removed
within two business days after the event.
(m)
Temporary off-site special event signs shall only be permitted
where the owner of the property upon which the temporary sign is located
has consented to the placement of the sign.
M.
Rural and residential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent and temporary signs are also allowed within the rural and residential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. The permanent signs described below require a sign permit.
(1)
Freestanding signs and wall-mounted signs for
multifamily residential uses. For each permitted multifamily residential
use, there may be one permanent freestanding identification sign located
on each public street frontage from which public vehicular access
is derived and one wall identification sign for each building. A permanent
freestanding identification sign shall not exceed 24 square feet in
sign area and shall not exceed six feet in height. A permanent wall
identification sign shall not exceed eight square feet in sign area.
(2)
Freestanding signs and wall-mounted signs for
institutional, quasi-public and public uses. For each permitted institutional,
quasi-public or public use, there may be one permanent freestanding
or wall-mounted identification sign that does not exceed 20 square
feet in sign area. Freestanding signs shall not exceed six feet in
height.
(3)
Temporary agricultural produce signs. For an
allowed agricultural use, one temporary agricultural produce sign
may be displayed. A temporary agricultural produce sign shall not
exceed four square feet in sign area. A temporary freestanding agricultural
produce sign shall not exceed six feet in height.
N.
Nonresidential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent signs are also allowed within the nonresidential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
(1)
Permanent freestanding signs. Permanent freestanding
signs are allowed as follows:
(a)
Number. One permanent freestanding sign is permitted
for each lot containing a permitted use.
(b)
Height. The height of a permanent freestanding
sign shall not exceed eight feet.
(c)
Size. The maximum sign area of a permanent freestanding
sign shall not exceed 25 square feet. For each additional foot of
setback above the minimum fifteen-foot setback requirement, the sign
area may be increased by an additional five square feet, but in no
event shall the sign area exceed 200 square feet.
(d)
Setbacks. The following setbacks shall apply:
[1]
A permanent freestanding sign shall be set back
at least 15 feet from each lot line and right-of-way.
[2]
A permanent freestanding sign shall be offset
at least 100 feet from any other permanent freestanding sign.
[3]
If a permanent freestanding sign is on a corner
lot, it shall be offset at least 300 feet, measured along the right-of-way,
from any other permanent freestanding sign.
[4]
A permanent freestanding sign shall comply with
any additional setback requirements in this Code.
(2)
Permanent wall signs.
(3)
Incidental signs. Up to four incidental signs
are permitted to be attached to a freestanding sign structure or to
a building wall, but not perpendicular to the wall. An incidental
sign shall not exceed one square foot in size.
(4)
Window
signs. Subject to the following limitations and requirements, permanent
and temporary window signs shall be permitted on or in the glass (or
similar substitute) surface of each window or door that faces a public
street or public access:
[Added 4-27-2011 by Ord. No. 1021-11]
O.
Administration and enforcement.
(1)
The Zoning Officer shall be the enforcing official
of this section.
(2)
Whenever a temporary sign is erected or maintained in violation
of this section, the Zoning Officer or the Zoning Officer's designee
may remove the same at any time without notice.
[Amended 10-12-2016 by Ord. No. 1092-16]
(3)
Whenever a temporary sign is erected or posted
on public property in violation of this section the same shall be
considered litter and may be removed at any time.
(4)
Whenever a permanent sign is erected or maintained
in violation of this section or any other provision of this Code,
or whenever in the opinion of the Zoning Officer any sign becomes
unsafe or endangers the safety of a building or premises or the public
safety, the Zoning Officer shall send a letter by certified mail to
the owner of said sign and/or the owner of the premises on which the
sign is located, ordering that such sign be brought into conformance
or removed within 30 days of receipt of the letter. If the sign is
not brought into conformity or removed by the end of the thirty-day
period, the Zoning Officer may cause the same to be removed at the
expense of the owner of the sign and the owner of the premises on
which the sign is located.
(5)
The Zoning Officer may cause any sign or sign
structure to be removed summarily and without written notice at the
expense of the owner of the sign and the owner of the premises on
which the sign is located, if it is an immediate peril to persons
or property by virtue of its construction or moorings.
P.
Appeals to the Board of Adjustment. Whenever it is
alleged that there has been an error in any order, action, decision,
determination, or requirement by an administrative official in the
enforcement and application of any provision contained within this
section (including any allegation that an administrative official
has failed to act within applicable time frames), the aggrieved party
shall file a written appeal with the Board of Adjustment in accordance
with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70.
The appellate decisions of the Board of Adjustment shall be deemed
final, subject to judicial review as provided by law.
Q.
Violations and penalties. Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this section shall be, upon conviction thereof, liable to all of the penalties set forth in Article XXXVIII of this chapter except imprisonment.
R.
Transition rules. Any permit issued prior to the effective
date of the adoption of the sign regulations that comprise this section
shall remain valid until the earlier of the date that said permit
expires by its own terms or 90 days after the effective date of the
adoption of this section.
S.
Severability.
(1)
Generally; severability where less speech results.
If any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this section is declared or held
to be invalid or unconstitutional by any court of competent jurisdiction,
such declaration or holding shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this section, even if such severability would result in
less speech, whether by subjecting previously exempt signs to this
section's permitting requirements, or otherwise.
(2)
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this section, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under Subsection C of this section.
[Amended 7-8-2009 by Ord. No. 986-09]
A.
Public
utilities. Nothing in this part shall be interpreted as prohibiting
public utility distribution facilities, such as water distribution
lines, sanitary sewers and telephone and electric distribution lines,
along with related attendant facilities intended for local service,
which utility systems are permitted in all zone districts when approved
by the appropriate serving utility agency.
B.
Private utilities.
(1)
Solar energy systems.
(a)
Purpose. The primary purpose of a solar energy system, whether
arranged as a single solar panel or a solar panel array, shall be
to provide energy for the principal use and other permitted accessory
uses on the property where the solar energy system is located and
shall not be for the generation of power to be sold for commercial
purposes. This provision shall not be interpreted to prohibit the
disposition of excess power generated from a solar energy system back
to a public electric utility provider by which the principal use is
served.
(b)
Roof-mounted solar energy systems.
[1]
Roof-mounted solar energy systems are permitted accessory uses
in all zones.
[2]
Installation of a roof-mounted solar energy system on a conforming single- or two- family residential building, or on a conforming building that is accessory to a single- or two-family residential building, shall require a zoning permit. Installation of a roof-mounted solar energy system on any other structure shall require minor site plan approval, in accordance with § 165-55.
[3]
A roof-mounted solar energy system shall not be more than six
feet higher than the height of the finished roof. In no instance shall
any part of the system extend beyond the peak of the roof, extend
beyond the maximum height of the roofline, or exceed the maximum height
that is permitted for a principal or accessory building in that zone.
(c)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems containing 400 square feet
or less of total solar panel surface shall be a permitted accessory
use in all zones, shall require a zoning permit and are subject to
the following standards:
[a]
Systems shall not be counted in the calculation
of maximum impervious coverage as regulated within the Land Development
Ordinance.
[b]
Systems shall conform to the setback requirements
for accessory structures in side and rear yards and shall not be located
in front yards.
[c]
Systems shall not exceed 10 feet in height.
[2]
Ground-mounted solar energy systems containing greater than
400 square feet of solar panel area are prohibited in residential
zones or as an accessory structure to a single- or two-family residential
use in a nonresidential zone.
[3]
Ground-mounted solar energy systems containing greater than 400 square feet of solar panel area require minor site plan approval, in accordance with § 165-55, prior to obtaining a zoning permit and are subject to the following standards:
[a]
Systems shall not be counted in the calculation
of maximum impervious coverage as regulated within the Land Development
Ordinance. Nevertheless, design of the system shall comply with all
stormwater, grading, and soil disturbance regulations of the Land
Development Ordinance;
[b]
Systems shall not be constructed in uninterrupted
structures, but shall be arranged so that no single contiguous panel
area exceeds 400 square feet.
[c]
Systems shall conform to the setback requirements
for accessory structures in side and rear yards and shall not be located
in front yards.
[d]
Systems shall not exceed 10 feet in height unless
erected above a parking lot, in which instance the system shall not
exceed 18 feet in height.
[e]
Systems shall be located and installed so that
sun glare is directed away from an adjoining property or public rights-of-way.
[f]
Systems shall be screened from public rights-of-way
and adjacent properties via fencing or landscaping.
[g]
Systems shall be designed to blend the system into
the existing setting and environment.
Off-street parking for one and two-family dwellings shall be provided in accordance with § 165-71A(10).
[Amended 6-24-1993 by Ord. No. 529-93; 9-14-2005 by Ord. No. 891-05; 6-14-2006 and 9-13-2006 by Ord. No.
908-06; 10-28-2020 by Ord. No. 1142-2020]
Child-care center shall be a permitted principal
or accessory use in all nonresidential zones in Clinton Township.
The following standards shall apply to this use when proposed in the
C-1, C-ROM, OB-1, OB-2, ROM-1, ROM-2, ROM-3, and PDO Districts:
A.
All portions of any child-care center to be used by
children shall be located on the principal entrance floor and any
other level which is not more than 1/2 story above or below grade
at the location from which egress is provided to the street.
B.
A minimum of 1,000 square feet plus 50 square feet
per child of outdoor space, adjacent the center shall be provided
and shall be adequately fenced or otherwise protected from hazards,
traffic and driveways. The per child outdoor area requirement shall
be calculated utilizing the licensed capacity authorized.
C.
The hours of operation shall be limited to 6:30 a.m.
to 7:00 p.m.
D.
Child-care centers shall provide one parking space
per employee plus one additional parking space for every five children.
Adequate space shall be provided for the loading and unloading of
children which shall take place on site and not in a public right-of-way.
E.
The internal pedestrian circulation pattern shall
be adequate to assure the safe movement of children and parents into
and out of the child-care facility. Design features to be incorporated
include the use of sidewalks and pedestrian cross walks to connect
the parking area with the child-care center facility.
F.
Parking areas and pedestrian walkways shall be illuminated
to provide safe entrance and egress from the center for both pedestrian
and automobile traffic.
G.
Location of access driveways, landscaping, signage
and general site plan design shall be compatible with the neighborhood
in which the center is to be located. The location of any child-care
center shall be appropriately situated in relation to the use or area
it is intended to serve. No child-care center shall be permitted to
be located near or adjacent to areas determined to be hazardous to
the physical health and safety of the children.
H.
Where a child-care center is provided as an accessory
use to a principal use located on the same lot, the gross floor area
devoted to the child-care center shall be excluded from calculating
the parking and lot coverage requirements for the zone.
I.
Where a child-care center is provided as a principal
use the area and yard requirements shall apply as noted in the applicable
district standards, except in the OB-2 District, where a minimum lot
area of 40,000 square feet shall apply.
J.
Adequate landscape screening may include the use of
earth berms, evergreen plantings and landscape plantings, solid fencing
used individually or in combination so as to visually separate the
child-care center lot from the adjoining parcels. Each child-care
center shall provide landscaped buffers adjacent to any side or rear
lot line equal to at least 10% of the lot width.
K.
Any child-care center shall comply with all state
standards and any local approval shall be conditioned upon receipt
of a state license.
L.
All other applicable requirements of this chapter
shall apply, except where the Planning Board determines that such
requirements are not appropriate for child-care centers.
[Added 8-12-1998 by Ord. No. 665-98]
A.
Purpose. The purpose of this section is to provide
sound land use policies, procedures and regulations for the location
and placement of wireless telecommunications structures, antennas
and equipment within the Township of Clinton in order to protect the
community from the visual and other adverse impacts of wireless telecommunications
facilities and to preserve the scenic and historic character of the
countryside that the Clinton Township Master Plan seeks to protect.
This section seeks to meet the mandate of the Telecommunications Act
of 1996, and at the same time, without limiting the generality of
the foregoing, to:
(1)
Protect residential areas and land uses from the potential
adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential
areas and along major transportation corridors;
(3)
Minimize the total number of towers throughout the
community;
(4)
Strongly encourage the joint use of new and existing
tower sites as a primary option rather than construction of additional
single-use towers;
(5)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal;
(6)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape, screening,
and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
(8)
Consider the public health and safety of communications
towers; and
(9)
Avoid potential damage to adjacent properties from
tower failure through proper engineering and careful siting of tower
structures.
B.
Permitted use/conditional use treatment.
(1)
Notwithstanding anything in this Chapter 165 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under § 165-45 of this chapter and consistent with the visual compatibility requirements of Subsection C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant shall meet the standards of Subsection D. When antennas are proposed as a permitted use on an existing structure in a nonresidential zone district, the applicant shall meet the standards of § 165-113D(1)(a).
[Amended 3-24-2004 by Ord. No. 845-04]
(3)
Notwithstanding anything in this Chapter 165 to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
C.
Visual compatibility requirements.
(1)
Wireless telecommunications antennas on existing structures
or buildings and wireless telecommunications towers shall be designed,
located and screened to blend with and into the existing natural or
built surroundings so as to eliminate, to the maximum extent practicable
and without regard to cost, adverse visual impacts through the use
of color and camouflaging, architectural treatment, landscaping, and
other appropriate means which shall cause the visual impact of such
antennas and towers to be compatible with neighboring residences and
the character of the community as a whole.
(2)
Wireless telecommunications antennas on existing structures
or buildings and wireless telecommunications towers shall be placed
to ensure that historic districts, historically significant viewscapes,
streetscapes, and landscapes are not visually impaired and are protected
against any visual impairment from wireless telecommunications facilities.
The views of and vistas from architecturally and/or significant structures
shall not be impaired or diminished by the placement of telecommunications
facilities.
(3)
The wireless telecommunications equipment compound
shall be located to avoid being visually solitary or prominent when
viewed from residential areas and the public way.
(4)
The wireless telecommunications equipment compound
shall be enclosed within a solid wooden fence at least seven feet
and no more than eight feet high, as approved by the Township Engineer,
which shall include a locking security gate. The height of the equipment
building shall not exceed 12 feet.
(5)
A wireless telecommunications equipment compound consisting
of no more than 1,500 square feet may be erected in support of wireless
telecommunications antenna but only if:
(a)
It is situated behind existing vegetation, tree
cover, structures, buildings or terrain features which will shield
completely the wireless telecommunications equipment compound from
public view; or
(b)
When a location completely out of public view
is not possible, a landscape buffer of 20 feet in width shall be provided
outside the fence around the wireless telecommunications equipment
compound, to shield completely the facility from public view. Landscaping
shall include native evergreen and deciduous trees at least eight
feet high at the time of planting, and the number of trees shall be
based on the equivalent of staggered double rows at 15 feet on center;
and
(c)
It otherwise complies with the requirements
of this chapter.
D.
Conditional use standards for the location of wireless
telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any nonresidential zone shall demonstrate to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following, while an applicant desiring to construct wireless telecommunications antennas in nonresidential zones shall meet the standards of Subsection D(1)(a):
[Amended 3-24-2004 by Ord. No. 845-04]
(a)
The need for wireless telecommunications antennas
at the proposed location. The evidence presented and introduced to
the Planning Board shall describe in detail the wireless telecommunications
network layout and its coverage area requirements and the need for
new wireless telecommunications facilities at a specific location
within the Township. The applicant shall also provide evidence to
the satisfaction of the Planning Board of all alternate wireless network
plan designs which would not require the applicant to construct a
wireless telecommunications tower at the proposed location.
(b)
That the applicant has exercised its best efforts
to locate the wireless telecommunications antennas on existing buildings
or structures within the applicant's search area. Without otherwise
limiting the nature of the evidence to be provided by the applicant
in order to meet its burden on this issue, the applicant shall provide
to the Planning Board copies of all correspondence from and between
the wireless telecommunications provider and the property owners of
the existing buildings or structures. The failure of the applicant
to present evidence of the foregoing shall constitute a rebuttable
presumption that that applicant has not exercised its best efforts
as required herein. Evidence demonstrating that no existing wireless
telecommunications tower or building or structure can accommodate
the provider's proposed antenna may consist of any one or more of
the following:
[1]
No existing towers or structures are located
within the geographic area that is necessary to meet the provider's
radio frequency engineering requirement to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient
height and cannot be made to be of sufficient height to meet the provider's
radio frequency engineering requirements, or do not have sufficient
structural strength to support the provider's proposed antenna and
related equipment.
[3]
The provider's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures or the antenna on the existing towers or structures
would cause interference with the provider's proposed antenna.
[4]
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are patently unreasonable.
Actual, direct costs exceeding new tower design, development, and
construction are presumed to be patently unreasonable.
[5]
The provider demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(c)
The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to Subsection D(1)(a) above.
(d)
Where a suitable location on an existing tower
or other structure is found to exist, but the applicant is unable
to secure an agreement to collocate its equipment on such tower or
other structure, the applicant shall provide sufficient and credible
written evidence of its attempt or attempts to collocate.
(e)
A full, complete description of all alternative
technologies not requiring the use of towers or other structures to
provide the services to be provided by the applicant through the use
of the proposed tower.
(f)
That the applicant has exercised its best efforts
to site new wireless antennas, equipment or towers within the applicant’s
search area according to the priority schedule below. Without otherwise
limiting the nature of the evidence to be provided by the applicant
in order to meets its burden on this issue, the applicant shall provide
to the Planning Board the block and lot number of any parcel for which
the wireless provider has attempted to secure a lease or purchase
agreement and copies of all correspondence from and between the wireless
provider and the property owner; the failure of the applicant to present
evidence of the foregoing shall constitute a rebuttable presumption
that the applicant has not exercised its best efforts as required
herein.
[Amended 6-14-2006; 9-13-2006 by Ord. No. 908-0610-28-2020 by Ord. No. 1142-2020]
|
Priority
|
Zone*
|
Equipment
|
Location
|
Permitted or Conditional
|
|---|---|---|---|---|
|
1
|
Commercial/ Transportation
|
Antenna
|
Collocated with other antennas on existing structure
or tower within a transportation corridor
|
P
|
|
2
|
Commercial/ Transportation
|
Antenna
|
Existing structure or tower within a transportation
corridor
|
P
|
|
3
|
Commercial
|
Antenna
|
Collocated with other antennas on existing structures
or towers
|
P
|
|
4
|
Commercial
|
Antenna
|
Existing structure or tower
|
P
|
|
5
|
Residential/ Transportation
|
Antenna
|
Collocated with other antennas on existing structures
or tower within a transportation corridor
|
C
|
|
6
|
Residential/ Transportation
|
Antenna
|
Existing structure or tower
|
C
|
|
7
|
Residential
|
Antenna
|
Collocated with other antenna on existing structure
or tower
|
C
|
|
8
|
Residential
|
Antenna
|
Existing structure or tower
|
C
|
|
9
|
Commercial/ Transportation
|
Tower
|
Construct a tower within a commercial transportation
corridor
|
C
|
|
10
|
Commercial
|
Tower
|
Construct a tower in a commercial area
|
C
|
|
* NOTE:
"Commercial" includes the C-1, C-ROM, OB-1,
OB-2, ROM-1, ROM-2 and ROM-3 Zones.
| ||||
|
"Transportation" means the lot has frontage
on Route 31, 22 or I-78.
|
(g)
Compliance with the Township standard that no
wireless telecommunications towers shall be permitted which would
require lighting affixed thereto under FCC, FAA or any other governmental
agency regulations or requirements.
E.
Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1)
Minimum lot size: As required by the zone district
in which located, or two acres, whichever is larger.
(3)
Minimum setback for equipment compound from any property
line: The zone district setback requirements for an accessory building.
(5)
Maximum height of attached antenna: 10 feet beyond
the edge of the building or structure on which attached.
F.
Site plan application requirements for the installation
of wireless telecommunications towers.
(1)
All site plan details required by § 165-58 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(3)
A report from a qualified expert certifying that the
wireless telecommunications tower and equipment facility comply with
the latest structural and wind-loading requirements as set forth in
the Building Officials and Code Administrators (BOCA) International,
Inc. Code; or the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision F Standard, entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended; or such
other code as may apply to these facilities, including a description
of the number and type of antennas it is designed to accommodate.
(4)
A binding, irrevocable letter of commitment by the
applicant to lease excess space on the tower to other potential users
at prevailing market rates and conditions. The applicant's counsel
shall simultaneously submit a separate opinion of counsel expressing
such counsel's opinion as to the enforceability of such binding, irrevocable
letter of commitment by the Township under the laws of the State of
New Jersey. The letter of commitment shall be recorded prior to issuance
of a building permit. The letter shall commit and be binding upon
the tower owner and successors in interest.
(5)
Elevations of the proposed tower and accessory building
generally depicting all proposed antennas, platforms, finish materials,
and all other accessory equipment.
(6)
A copy of the lease or deed for the property.
(7)
A plan which shall reference all existing wireless
telecommunications facilities in the Township, any such facilities
in the abutting towns which provide service to areas within Clinton
Township, and any changes proposed within the following twelve-month
period, including plans for new locations and the discontinuance or
relocation of existing facilities.
(8)
A three-hundred-sixty-degree perspective of the proposed
tower at the proposed location from distances of 1,000 feet, 1/2
mile, one mile and two miles drawn to an appropriate scale.
G.
Design standards.
(1)
The wireless telecommunications tower shall be designed
and constructed so as to accommodate at least three antenna arrays
of separate telecommunications providers (the applicant's plus two
collocators).
(2)
Signs shall not be permitted except for a sign displaying
owner contact information, warnings, equipment information, and safety
instructions. Such sign shall not exceed two square feet in area.
No commercial advertising shall be permitted on any wireless telecommunications
facility.
(3)
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds
enclosing electronic equipment may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes;
and
(b)
No lighting is permitted on a wireless telecommunications
tower.
(4)
Wireless telecommunications antennas and towers shall
be maintained to assure their continued structural integrity. The
owner of the tower or antenna shall also perform such other maintenance
of the structure and of the site as to assure that it does not create
a visual nuisance.
(5)
Wireless telecommunications towers shall be of a color
appropriate to the tower's locational context and to make it as unobtrusive
as possible, unless otherwise required by the Federal Aviation Administration
(FAA).
(6)
Wireless telecommunications facilities shall be surrounded
by security features such as a fence. All towers shall be designed
with anti-climbing devices in order to prevent unauthorized access.
Additional safety devices shall be permitted or required, as needed,
and as approved by the approving authority.
(7)
Any proposed new telecommunications tower shall be
a monopole unless the applicant can demonstrate that a different type
pole is necessary for the collocation of additional antennas on the
tower. Such towers may employ camouflage technology.
(9)
Wireless telecommunications towers and antennas shall
be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision F Standard entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended.
H.
Antenna modifications.
(1)
Whenever antennas are modified, operators of wireless
telecommunications facilities shall provide to Clinton Township a
report from a qualified expert certifying that a wireless telecommunications
tower or building or other support structure as modified complies
with the latest structural and wind-loading requirements as set forth
in the Building Officials and Code Administrators (BOCA) International,
Inc. Code and the EIA/TIA Standard referenced above. Such modifications
shall be subject to site plan review and approval.
(2)
Operators of wireless telecommunications facilities
shall notify Clinton Township when the use of such antennas and equipment
is discontinued. Facilities that are not in use for wireless telecommunications
purposes for six months shall be removed by the provider at its cost.
This removal shall occur within 90 days of the end of such six-month
period. Upon removal, the site shall be cleared, restored, and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
I.
Collocation and shared facilities and sites.
(1)
FCC licensed wireless telecommunications providers
are encouraged to construct and site their facilities with a view
toward sharing facilities with other utilities, collocating with other
existing wireless facilities and accommodating the collocation of
other future facilities where technically, practically, and economically
feasible.
[Added 3-28-2001 by Ord. No. 743-01]
A.
An accessory apartment shall be occupied by a low-
or moderate-income household meeting the income eligibility standards
established by the Council on Affordable Housing (COAH). In addition,
the accessory apartment shall be occupied by a senior citizen (62
years of age or older) low- or moderate-income household or the accessory
apartment shall be located on a lot owned and occupied by a senior
citizen household with the apartment occupied by a low- or moderate-income
household.
B.
No more than 10 accessory apartments throughout the
Township shall be created under this section.
C.
Accessory apartments are permitted on residentially
improved lots, provided that only one additional accessory apartment
per lot is permitted.
D.
The accessory apartment shall have living and sleeping
space, cooking facilities, a kitchen sink and complete sanitary facilities
for the exclusive use of its occupants.
E.
The accessory apartment shall consist of not less
than two rooms, one of which shall be a bathroom containing a flush
toilet, wash basin and bathroom tub or shower.
F.
All rooms shall be accessible from within the apartment.
G.
The accessory apartment shall be private and secure
from all attached units.
H.
The apartment shall have direct access to the outdoors
or directly to a hall from which there is direct access to the outdoors
without passing through any other unit, and the accessory apartment
shall comply with all requirements of the applicable building codes.
I.
If the apartment is located on the second or third
floor, there shall be at least two means of access to the outdoors,
available at all times, as approved by the Construction Official.
Exterior stairways for the accessory apartment shall be the rear or
side of the structure.
J.
No apartment shall be located above the third floor.
K.
The net floor area of the apartment shall be at least
400 square feet, and no bedrooms shall have a net floor area of less
than 80 square feet.
L.
The apartment shall occupy no more than 1,000 square
feet of an accessory building or the principal structure and shall
contain no more than three bedrooms.
M.
At least one off-street parking space per bedroom
or a maximum of two spaces shall be provided for each apartment, with
the spaces situated in the side yard or rear yard only.
N.
The sanitary disposal system serving the accessory
apartment shall be approved by the Board of Health.
O.
The Township or its designee shall be responsible
for the administration of the accessory apartment program.
[Added 8-14-2002 by Ord. No. 787-02]
Any property on which a municipally-owned Deed
of Easement has been placed pursuant to the farmland preservation
programs operated by the County Agricultural Development Board or
the State Agricultural Development Committee shall be permitted a
maximum impervious coverage of 10%.
[Added 3-26-2003 by Ord. No. 810-03]
All driveways servicing residential, commercial, industrial or any other driveway use in the Township shall conform to the provisions and requirements of Chapter 239, Article I, entitled "Excavations," and Chapter 112, Driveways. The Zoning Board of Adjustment and the Planning Board of the Township of Clinton may vary or modify the requirements and design standards of said Chapter 112 for good cause and after considering the Township Engineer's comments as related to such variance or modification.
[Added 5-14-2003 by Ord. No. 817-03]
A.
The following standards shall apply to all new lots created through subdivision and all site plans with slopes in excess of 15%, except that Subsection A(3) shall apply only to residential lots in the RR-4S Districts.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 10-12-2016 by Ord. No. 1092-16]
(1)
In areas with slopes that exceed 25%, no development,
regrading or removal of vegetation shall be permitted.
(2)
In areas with slopes of 15% to 25%, no more than 15%
of such areas shall be developed, regraded or cleared of vegetation.
(3)
For the purposes of subdivision each residential lot
created must include a minimum of one contiguous acre of land with
less than 15% slope on which the dwelling, septic system and accessory
structures shall be located.
(4)
A steep slope analysis showing slope classes 0% to
14.99%, 15% to 25% and greater than 25% shall be delineated on the
subdivision plat or site plan. The slope classifications shall be
calculated utilizing a two-foot contour interval.
B.
Any existing residential lot of record at the time
of the passage of this section shall be exempt from the above provisions,
unless and until an application for subdivision or site plan approval
of that lot is made.
C.
The following standards shall apply to existing lots
of record if the construction of a residence and associated improvements
is proposed on slopes greater than 15%:
(1)
A lot grading plan which indicates the proposed driveway
plan and profile, residential and other site grading necessary for
the property shall be submitted for review and approval by the Township
Engineer. Such plan shall also provide for the proper protection and
stabilization of all disturbed areas consistent with the design techniques
established by the Soil Erosion and Sediment Control Standards, adopted
as amended by the New Jersey State Soil Conservation Committee. The
approval of the Township Engineer shall be required prior to the issuance
of a building permit.
(2)
The Township Engineer shall verify that the proposed
residential driveway design is capable of providing access for emergency
vehicles and equipment under all weather conditions.
[Added 12-22-2004 by Ord. No. 869-04; amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 12-12-2007 by Ord. No. 946-07; 11-25-2008 by Ord. No. 973-08]
B.
General requirements for all zoning districts.
(1)
All fences shall be situated on a lot in such
a manner that the finished side of the fence shall face adjacent properties.
(2)
All fences shall be uniform and symmetrical
in appearance, shall have posts or columns separated by identical
distances, except for deviations required by construction factors,
and shall consist of materials conforming to a definite pattern.
(3)
No fence shall be erected of barbed wire, razor
wire, topped with metal spikes or other sharp objects, nor constructed
of any material or in any manner which may be dangerous to persons
or animals, except wire fences shall be permitted for qualified (under
the New Jersey Farmland Assessment Act[1]) farms. For qualified farms, wire farm fences are allowed
in any yard and may be constructed in generally accepted farm use
manner.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1, et
seq.
(4)
Fences may be placed with the outer face located
on the property line, except where a setback from the property line
is required as specified in this section.
(5)
No fence shall be constructed or located in such a manner as to block or otherwise interfere with any drainageway, natural drainage flow, surface water, or surface water runoff, as said terms are defined in Article XXXV of this chapter.
(6)
Chain link fences shall be prohibited in front
yards and in side yards between the street right-of-way and the front
yard setback line in all zones in the Township.
(7)
The installation of all fences shall require
a zoning permit issued by the Township Zoning Officer and any fence
that is over six feet in height shall also require a building permit
issued by the Township Construction Official.
(8)
No fence shall be constructed within any public
right-of-way, a sight triangle area or within a publicly owned easement
area.
(9)
All fences shall be maintained in a safe, sound,
upright and painted (if the original fence was painted) condition.
(10)
The location of retaining walls, guardrails,
and other structural or safety elements intended for purposes other
than screening or decoration are exempt from the regulations contained
in this section.
(12)
A tennis court area, located in rear yards only,
may be surrounded by a fence a maximum of 12 feet in height; said
fence to be set back from any lot line the distance required for an
accessory building in the zoning district.
(13)
A dog run may have fencing a maximum seven feet
in height provided it is located in rear yard areas only and conforms
with the required setback from any side or rear lot line as required
for accessory buildings and structures as specified in this chapter.
(14)
A deer protection fence, consisting of a fence
material which shall be an open-type wire grid so as to minimize the
fence's visual impact on surrounding properties, shall be permitted
in side and rear yards only, provided that in side yards it is located
no closer to the street right-of-way than the front yard setback line,
and may be no more than eight feet in height.
C.
Fences in residential districts.
(1)
A fence, four feet or less in height shall be
permitted in the front yard, provided that the fence is located at
least two feet from the front property line. For the purposes of this
section, any yard lying between the street right-of-way and the principal
building, as in a corner lot, shall be considered a front yard.
(2)
A fence, exceeding four feet in height but not
exceeding six feet in height, shall be permitted in the front yard
in zoning districts where the minimum front yard setback is at least
50 feet, provided that such fence is located no closer to the street
right-of-way than the required front yard setback line plus an additional
25 feet.
(3)
A fence, seven feet or less in height shall
be permitted in a side or rear yard, except that fences in a side
yard located between the front lot line and the front yard setback
line may not exceed four feet in height.
(4)
Gates or pillars shall be permitted, not to
exceed six feet in height and located only at the main entry drive
to any residential property. Such gates or pillars shall slope downward
to four feet in height within 10 feet of the inside face of the pillar
or gatepost closest to the driveway.
D.
Fences in nonresidential districts. Fences in nonresidential
districts may be required by the Planning Board as part of a site
plan application. In such circumstances the fence shall conform to
the following standards:
(1)
A fence, four feet or less in height shall be
permitted in the front yard, provided that the fence is located at
least two feet from the front property line. For the purposes of this
section, any yard lying between the street right-of-way and the principal
building, as in a corner lot, shall be considered a front yard.
(2)
A fence, exceeding four feet in height but not
exceeding six feet in height, shall be permitted in the front yard
in zoning districts where the minimum front yard setback is at least
50 feet, provided that such fence is located no closer to the street
right-of-way than the required front yard setback line plus an additional
25 feet.
(3)
A fence not to exceed eight feet in height may
be constructed in a side or rear yard, except that fences in a side
yard located between the street right-of-way and the front yard setback
line may not exceed four feet in height.
[Added 4-13-2011 by Ord. No. 1023-11]
A.
Purpose. The purposes of this section are as follows:
(1)
To provide for occasional, temporary display and sales of retail
merchandise and services on the exterior grounds of a permitted principal
retail use within the Township; and
(2)
To provide additional opportunities for retail businesses to
highlight their merchandise and services and, thus, strengthen the
overall business economy within the Township; and
(3)
To ensure that the frequency, duration and location of temporary,
occasional outdoor display and sales of retail merchandise and services
does not result in significant negative impacts upon adjacent uses
or the public at large.
B.
Criteria for sidewalk sales. Sidewalk sales do not require a site
plan approval but require a zoning permit, which shall be subject
to the following criteria:
(1)
The business that will conduct the sidewalk sale shall be a
permitted principal use.
(2)
Sidewalk sales shall only be permitted in nonresidential zones.
(3)
Sidewalk sales shall take place on the same premises/lot as
the "permanent" business to which it is related.
(4)
Duration. A sidewalk sale shall not exceed 10 consecutive business
days in duration.
(5)
Frequency. No more than three permits shall be issued for a
property to conduct sidewalk sales during a calendar year.
(6)
Sidewalk sales shall conform to the following site control regulations:
(a)
Merchandise, temporary structures or other elements related
to a sidewalk sale shall be located no less than 20 feet from a residential
property line.
(b)
Merchandise, temporary structures or other elements related
to a sidewalk sale shall not be located in such a manner as to create
a minimum clearance that is less than three feet for pedestrian travel
on walkways.
(c)
Sidewalk sales may occupy up to 10% of an off-street parking
lot but shall not occupy any barrier-free parking spaces or related
access aisles; adequate vehicular access and illumination shall be
maintained for the remainder of the parking lot that is not occupied
by the sidewalk sale.
C.
Submission requirements.
(1)
Applicants shall submit a copy of a survey, a plot plan or a copy of an approved site plan for the property on which the sidewalk sale is to be conducted. The survey, plot plan or site plan should be clearly marked to depict the location and extent of the sidewalk sale so that the Zoning Officer may determine if the application meets the criteria of § 165-117.2B. Such depictions do not require the engagement of a design professional in order to satisfy this submission requirement.
[Added 9-11-2019 by Ord.
No. 1134-19]
A.
Purpose. The purposes of this section are as follows:
(1)
To provide for occasional, temporary sale to the general public
of a variety of locally grown or produced seasonal fruits and vegetables
and value-added products, including but not limited to uncut, unprocessed
produce and fruit, cut and/or potted flowers and shrubs, pickles,
jams, honey, cheeses, meats, processed meat products, juices, ciders,
teas, fruit butters, farm-baked cakes, cookies and pies, and ready-to-eat
or ready-to-heat foods; and
(2)
To provide an opportunity for local growers and producers to
sell farm-fresh products to the public in order to promote healthy
eating and education; and
(3)
To provide local restaurants and retail businesses an opportunity
to attract a variety of customers and to provide those customers with
diverse offerings; and
(4)
To ensure that the frequency, duration and location of the temporary
sale of these products does not result in significant negative impacts
on adjacent uses or the public at large.
B.
Definition. For purposes of this section, the term "farmer's market"
means a vendor or group of vendors offering for sale to the general
public a variety of locally grown or produced seasonal fruits and
vegetables and value-added products, including but not limited to
uncut, unprocessed produce and fruit, cut and/or potted flowers and
shrubs, pickles, jams, honey, cheeses, meats, processed meat products,
juices, ciders, teas, fruit butters, farm-baked cakes, cookies and
pies, and ready-to-eat or ready-to-heat foods.
C.
Use permitted in all nonresidential zones. Notwithstanding any provisions
of Clinton's land use regulations limiting the number of principal
uses on a single lot, a farmer's market as defined herein shall be
deemed a permitted use on all lots in all nonresidential zones of
the Township even if there is another principal use on the lot, but
subject to the terms and conditions set forth hereinbelow.
D.
Terms and conditions.
(1)
No such use may operate without having first obtained the approval
of the Zoning Officer (as to compliance with the requirements of this
chapter) and the Police Director or officer in charge (as to safety
of ingress, egress, circulation, and traffic). Provided all of the
terms and conditions set forth herein are satisfied, site plan approval
shall not be required.
(2)
Such use shall be permitted only on lots having an existing
improved (paved or gravel) parking lot capable of holding at least
30 cars.
(3)
Such use may only be conducted out of doors from temporary stands,
stalls or vehicles, or within an existing structure.
(4)
Such use may only be conducted between Memorial Day and Thanksgiving.
(5)
Such use may only be conducted one day per week, during daylight
hours only and for a maximum of four hours per day.
(6)
All stands, stalls or vehicles used as part of the farmer's
market shall be set back a minimum of 20 feet from any residential
property line and 10 feet from any sidewalk or curbline where no sidewalk
exists.
(7)
No stand, stall or vehicle used as part of the farmer's market
shall obstruct vehicular or pedestrian traffic in any way or occupy
any barrier-free parking spaces or related access aisles.
(8)
Vendors shall be required to comply with all applicable health,
sanitation and food safety requirements and shall procure all licenses
and permits as may be required in connection therewith.
(9)
Every zoning permit application shall be accompanied by:
(a)
A marked-up copy of a survey, plot plan or approved site plan
for the property on which the farmer's market is to be conducted,
which shall clearly identify the number of vendors and depict the
location and extent of the stands, stalls or vehicles used in the
farmer's market, the distance in feet from any sidewalk, curbline,
or residential property line, the means of ingress and egress, and
the location and amount of customer parking, as well as any traffic
management measures (if applicable) and temporary signage (if applicable),
which plan shall be subject to the review and approval of both the
Zoning Officer and the Police Director or officer in charge.
(b)
Evidence that all necessary permits, licenses or other outside
approvals have been obtained.
(10)
The farmer's market shall be conducted strictly in compliance
with the approved plan and the requirements set forth in this section.
A.
Short title. This article shall be known and cited as the Township
of Clinton "Highlands Land Use Regulations."
B.
Purpose. The purpose of this article is to effectuate the policies,
goals and objectives of the Clinton Township Master Plan, while at
the same time advancing the purposes of zoning as set forth in the
New Jersey Municipal Land Use Law ("MLUL", N.J.S.A. 40:55D-1 et seq.),
addressing the substantive goals and intents of the Highlands Water
Protection and Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et
seq.), and satisfying the goals, requirements and provisions of the
Highlands Regional Master Plan ("RMP").
C.
Scope. The provisions of this article pertain to the use and development
of lands located within the Clinton Township Highlands Area. The Highlands
Area comprises that portion of the municipality for which the applicable
provisions of the Clinton Township Master Plan, land use ordinances
and other pertinent regulations have been deemed by the New Jersey
Highlands Water Protection and Planning Council ("Highlands Council")
to be in conformance with the Highlands RMP. This article governs
certain land uses, development and redevelopment activities, and the
management and protection of resources, including but not limited
to water resources, natural resources, agricultural resources, scenic
resources. The provisions of this article shall apply in conjunction
with all other applicable ordinances, rules and regulations of the
municipality. In the event of conflicting or less restrictive alternate
provisions, the provisions of this article shall supersede. Under
no circumstance shall this article supersede the Clinton Township
Land Use Regulations Ordinance if the application of the provisions
contained herein would result in densities, intensities or coverages
that would exceed those maximums that are otherwise permitted by the
Clinton Township Land Use Regulations Ordinance.
D.
Statutory authority. This article is adopted under the authority
of the MLUL and the Highlands Act. The Highlands Act provides authorities
and responsibilities for municipal planning and development regulation
that are complementary to those set forth under the MLUL. The MLUL
gives authority to New Jersey municipalities to govern land use and
development within their borders. The Highlands Act augments that
authority to allow the municipality the power to enforce the goals,
policies, objectives and programs of the Highlands RMP. The Highlands
Act is designed to protect the natural and agricultural resources
of the Highlands through a coordinated system of regional land use
controls. The Highlands Act creates a system in which a regional plan
is implemented primarily through local government units. The Highlands
Act and the RMP together provide the regional perspective from which
local decisions and actions will emanate.
E.
Severability. If any section, sentence, clause or phrase of this
article is held to be invalid or unconstitutional by any court of
competent jurisdiction, such holding shall in no way affect the validity
of the ordinance as a whole, or of any other portion thereof.
F.
When effective. This article shall take effect after final passage
and publication in the manner required by law.
A.
Applicability.
(1)
The requirements of the Highlands Land Use Regulations shall
apply to the use and development of all lands located within the Clinton
Township Highlands Area. Specifically, this article shall apply to
any application seeking approval of a site plan, subdivision, or change
in use where approval of such application would:
(a)
For residential development (see Definitions, § 165-117.6B), create three or more dwelling units, except as otherwise required herein for single and two-family development;
(2)
The criteria set forth in Subsection A(1)(a) and (b) above shall be interpreted to apply cumulatively over time beginning as of the effective date of this article. Should any of these thresholds be reached, the Ordinance shall apply to any and all development in excess of that threshold. For mixed-use development applications, the criteria provided in Subsection A(1)(b) shall apply to the whole of the project. The terms "residential development," "disturbance, ultimate," and "impervious surfaces, cumulative" as used above and throughout this article, are defined in § 165-117.6B.
(3)
The provisions of this article shall apply in conjunction with,
and as a supplement to, the Clinton Township Land Use Regulations
Ordinance, development regulations, and all other rules, codes and
regulatory provisions governing the use and development of land in
the municipality. In the event of conflicting provisions, the provisions
of this article shall supersede. Where provisions differ only by degree,
the more restrictive of the applicable requirements shall supersede.
Under no circumstance shall this article supersede the Clinton Township
Land Use Regulations Ordinance if the application of the provisions
contained herein would result in densities, intensities or coverages
that would exceed those maximums that are otherwise permitted by the
Clinton Township Land Use Regulations Ordinance.
B.
Exclusions.
(1)
This article shall not apply to any improvement including, but not limited to, an addition, garage, shed, driveway, porch, deck, patio, swimming pool, septic system or other similar accessory structure or use typically associated with a single-family dwelling in lawful existence as of the effective date of this article, provided that such improvement: a) is related and dedicated solely to the single-family residential use of either the dwelling or the property upon which it is situated; b) results in the ultimate disturbance of less than one acre of land; and c) produces a cumulative impervious surface area of less than 1/4 acre; where the phrases "disturbance, ultimate" and "impervious surfaces, cumulative" are defined as provided at § 165-117.6B. Such exclusions shall not be construed to alter, obviate or waive the requirements of any other applicable state or local law, rule, regulation or ordinance, including the Clinton Township Land Use Regulations Ordinance, rules and regulations applicable to the issuance of building permits, or the requirement of any municipal ordinance regulating the operation and maintenance of on-site septic systems.
(2)
Should Clinton Township receive Highlands Council approval for
a Highlands center designation, all property within the Highlands
center boundary shall be exempt from these Highlands Land Use Regulations,
and shall be subject to the specific Highlands center plan and ordinance
requirements adopted for the center.
(3)
In addition, this article shall not apply to the following exclusions:
(a)
This article shall not apply to reconstruction, within the same
footprint, of any building or other structure lawfully existing as
of the effective date of this article, in the event of its destruction
or partial destruction by fire, storm, natural disaster, or any other
unintended circumstance.
(b)
This article shall not apply to any improvement or alteration
to a building or other structure lawfully existing as of the effective
date of this article, 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.
(c)
This article shall not apply to the repair or maintenance of
any building or other structure lawfully existing as of the effective
date of this article. This exclusion shall not be construed to permit
repairs or maintenance activities that alter the footprint of such
building or structure.
(d)
This article shall not apply to the interior improvement, rehabilitation,
or modification of any building or other structure lawfully existing
as of the effective date of this article. This exclusion shall not
be construed to permit activities that alter the footprint of such
building or structure.
(e)
Unless specifically indicated otherwise, and in that case only
to the specific extent indicated, the provisions of this article shall
not apply to any change in use of a building or other structure lawfully
existing as of the effective date of this article. This exclusion
shall not be construed to permit activities that alter the footprint
of such building or structure.
(f)
This article shall not apply to the attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air conditioning equipment, or to any other such improvement to a building or structure, provided it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at Subsection B(3)(a), above, for single-family dwellings. Furthermore, this exclusion shall not be construed to apply this article to single-family residential development with such features in excess of 50 square feet that are otherwise excluded or exempted from this article.
(g)
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this article shall not apply to any application for which a Highlands Preservation Area Approval (defined at § 165-117.6B) has been issued by the New Jersey Department of Environmental Protection.
(h)
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this article shall not apply to agricultural or horticultural use and development (as defined at § 165-117.6B).
(i)
The provisions of this article shall not apply to property located within the Planning Area with regard to the maximum impervious coverage regulations set forth in Attachment 3, Schedule of Zoning Requirements, of Chapter 165 or provided elsewhere in Chapter 165 for any individual zone established in § 165-85, Establishment of Districts.
C.
Major Highlands development. Any proposed project, development or activity that meets the definition of a major Highlands development (see Definitions, § 165-117.6B) is subject to all applicable requirements and provisions of the New Jersey Department of Environmental Protection (NJDEP) Highlands Water Protection and Planning Act Rules ("NJDEP Preservation Area Rules," N.J.A.C. 7:38-1 et seq.). By definition, such projects, developments and activities pertain solely to the Preservation Area of the Highlands Region. Nothing in this article shall be construed to waive, obviate, modify or otherwise exempt any covered project, development or activity, or any person(s) proposing or involved in such initiatives, from the provisions of the NJDEP Preservation Area Rules.
D.
Non-major Highlands development. Non-major Highlands development constitutes any development not defined as a major Highlands development. Non-major Highlands development includes projects, development and activities in the Planning Area and in the Preservation Area. Any project, development or activity proposed within the Preservation Area or the Planning Area that does not meet the definition of a major Highlands development shall remain subject to the provisions of this article, as provided (with specified exclusions) pursuant to Subsection A above.
E.
Exemptions. The activities, improvements and development projects
listed below are herewith exempt from the provisions of this article,
as specifically provided by the Highlands Act (at N.J.S.A. 13:20-28).
These exemptions apply only to the specific activities, improvements
and projects as described and listed herein, and with the exception
of the exemption regarding federal military installations (no. 16),
shall not be construed to apply across-the- board to any lot, tract
or other division of land, whether existing or proposed at the time
of passage of the Highlands Act. Neither shall such exemptions be
construed to alter, obviate or waive the requirements of any other
applicable state or local law, rule, regulation, development regulation
or ordinance. Exemptions apply to both the Preservation Area and the
Planning Area with the exception of exemption number 3 and number
17, which apply only to the Preservation Area.
(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. (Note: the
Highlands Act defines "an immediate family member" as 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.")
(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.
(3)
A major Highlands development that received, on or before March
29, 2004:
(a)
One of the following approvals pursuant to the MLUL:
[1]
Preliminary or final site plan approval;
[2]
Final municipal building or construction permit;
[3]
Minor subdivision approval where no subsequent
site plan approval is required;
[4]
Final subdivision approval where no subsequent
site plan approval is required; or
[5]
Preliminary subdivision approval where no subsequent
site plan approval is required; and
(b)
At least one of the following permits from the NJDEP, if applicable
to the proposed major Highlands development:
[1]
A permit or certification pursuant to the Water
Supply Management Act, P.L. 1981, c. 262 (N.J.S.A. 58:1A-1 et seq.);
[2]
A water extension permit or other approval or authorization
pursuant to the Safe Drinking Water Act, P.L. 1977, c. 224 (N.J.S.A.
58:12A-1 et seq.);
[3]
A certification or other approval or authorization
issued pursuant to the The Realty Improvement Sewerage and Facilities
Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.); or
[4]
A treatment works approval pursuant to the Water
Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.);
or
(c)
NJDEP permits.
[1]
One of the following permits from the NJDEP, if applicable to the proposed major Highlands development, and if the proposed major Highlands development does not require one of the permits listed in Subsection E(3)(b)[1] through [4] of this section:
[a]
A permit or other approval or authorization issued
pursuant to the Freshwater Wetlands Protection Act, P.L. 1987, c.
156 (N.J.S.A. 13:9B-1 et seq.); or
[b]
A permit or other approval or authorization issued
pursuant to the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A.
58:16A-50 et seq.).
[2]
The exemption provided in this subsection shall apply only to the land area and the scope of the major Highlands development addressed by the qualifying approvals pursuant to Subsection E(3)(a) and (b) or (c) if applicable, of this subsection; shall expire if any of those qualifying approvals expire; and shall be deemed to have expired if construction beyond site preparation did not commence within three years after the date of enactment of the Highlands Act (August 10, 2004).
(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 article, 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.
(b)
For purposes of this article, the applicable date of lawful
existence shall coincide with the date of enactment of the Highlands
Act, or August 10, 2004.
(c)
For purposes of this article, these provisions shall not be
construed to exempt any change in use of such reconstructed building
or structure from the applicable provisions of this article.
(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.
(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.
(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 the normal harvesting of
forest products in accordance with a forest management plan approved
by the State Forester.
(8)
The construction or extension of trails with nonimpervious surfaces
(or impervious surfaces in the Planning Area) on publicly owned lands
or on privately owned lands where a conservation or recreational use
easement has been established.
(9)
The routine maintenance and operations, rehabilitation, preservation,
reconstruction or repair of transportation or infrastructure systems
by a state entity or local government unit, provided that the activity
is consistent with the goals and purposes of the Highlands Act and
does not result in the construction of any new through-capacity travel
lanes.
(10)
The construction of transportation safety projects and bicycle
and pedestrian facilities by a state entity or local government unit,
provided that the activity does not result in the construction of
any new through-capacity travel lanes.
(11)
The routine maintenance and operations, rehabilitation, preservation,
reconstruction, repair or upgrade of public utility lines, rights
of way, or systems, by a public utility, provided that the activity
is consistent with the goals and purposes of the Highlands Act.
(12)
The reactivation of rail lines and rail beds existing on the
date of enactment of the Highlands Act (August 10, 2004).
(13)
The construction of a public infrastructure project approved
by public referendum prior to January 1, 2005, or a capital project
approved by public referendum prior to January 1, 2005.
(14)
The mining, quarrying, or production of ready-mix concrete,
bituminous concrete, or Class B recycling materials occurring, or
which are permitted to occur on any mine, mine site, or construction
materials facility existing on June 7, 2004.
(15)
The remediation of any contaminated site pursuant to P.L. 1993,
c. 139 (N.J.S.A. 58:10B-1 et seq.).
(16)
Any lands of a federal military installation existing on the
date of enactment of the Highlands Act (August 10, 2004) that lie
within the Highlands Region.
(17)
A major Highlands development located within an area designated
as Planning Area 1 (Metropolitan), or Planning Area 2 (Suburban),
as designated pursuant to the State Development and Redevelopment
Plan, P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.) as of March
29, 2004, or subsequent state development plan, that on or before
March 29, 2004 was the subject of a settlement agreement and stipulation
of dismissal filed in the Superior Court, or a builder's remedy issued
by the Superior Court, to satisfy the constitutional requirement to
provide for the fulfillment of the fair share obligation of the municipality.
The exemption provided pursuant to this subsection shall expire if
construction beyond site preparation has not commenced within three
years after receiving all final approvals required pursuant to the
MLUL.
F.
Exemption determinations. Any applicant seeking approval of a permit or development application involving any activity, improvement, or development project listed above as a Highlands Act Exemption shall, as a condition of completeness where applicable, and in any case prior to review of such application by the approving municipal authority, provide sufficient proofs, as set forth under § 165-117.12A(2) of this article, that the proposed activity, improvement, or development project qualifies as a Highlands Act Exemption.
G.
Prior development approvals.
(1)
Preservation area. Any developer, owner or applicant (as applicable) associated with a development application that has received lawful approval(s) pursuant to the MLUL since the date of enactment of the Highlands Act (August 10, 2004) but prior to the effective date of this article shall retain all of the rights and protections accorded and prescribed under the MLUL with regard to such approval(s). These protections shall apply to the specific land area and scope of the approvals granted, in accordance with any conditions attached thereto, subject to the approvals of any applicable state, county or other outside agency having jurisdiction thereon including the NJDEP and specifically, the NJDEP Preservation Area Rules (N.J.A.C. 7:38) applicable to the Highlands Preservation Area, and shall expire if (and in such event, when) such approval expires. The provisions of this article shall not be construed to alter or infringe upon such unexpired approvals, and any nonconforming development ultimately resulting from such approvals shall be permitted to continue in accordance with all applicable MLUL provisions concerning nonconforming uses, buildings and structures (pursuant to Subsection H below).
(2)
Planning area. Any developer, owner or applicant (as applicable) associated with a development application that has received lawful approval(s) pursuant to the MLUL prior to the effective date of this article shall retain all of the rights and protections accorded and prescribed under the MLUL with regard to such approval(s). These protections shall apply to the specific land area and scope of the approvals granted, in accordance with any conditions attached thereto, subject to the approvals of any applicable state, county or other outside agency having jurisdiction thereon, and shall expire if (and in such event, when) such approval expires. The provisions of this article shall not be construed to alter or infringe upon such unexpired approvals, and any nonconforming development ultimately resulting from such approvals shall be permitted to continue in accordance with all applicable MLUL provisions concerning nonconforming uses, buildings and structures (pursuant to Subsection H below).
H.
Nonconforming uses, buildings and structures. Any nonconforming use,
building or structure lawfully existing at the time of passage of
this article shall be permitted to continue upon the lot or within
the structure it so occupies, and any such structure may be restored
or repaired in the event of its partial destruction, in accordance
with the provisions of the MLUL and pursuant to any requirement of
the Clinton Township Land Use Regulations Ordinance. For purposes
of this article, the words, "restored" and "repaired" shall in no
case be construed to mean "expanded."
A.
Word usage. Terms used in the body of this article 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 article, the terms "shall" and "must" are indicative
of a mandatory action or requirement while the word "may" is permissive.
B.
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
AQUIFER
ARCHAEOLOGICAL RESOURCES
BEST MANAGEMENT PRACTICES (BMP)
BUILDING PERMIT
CADB
CARBONATE ROCK
CLEAR-CUTTING
CLUSTER PROJECT AREA
CLUSTER/CONSERVATION DESIGN DEVELOPMENT
COMMUNITY BASED ON-SITE WASTEWATER FACILITIES
CONDITIONAL WATER AVAILABILITY
CONSTRUCTION PERMIT
CONSUMPTIVE WATER USE
CONTAMINANT
CONTAMINATION
CULTURAL RESOURCES
CURRENT DEFICIT AREA
DEFORESTATION
DENSITY
DENSITY, SEPTIC SYSTEM
DEPLETIVE WATER USE
DEVELOPMENT
DEVELOPMENT SET ASIDE OF CLUSTER PROJECT AREA
DISCHARGE
DISSOLUTION
DISTURBANCE
DISTURBANCE, ULTIMATE
ENDANGERED SPECIES
ENVIRONMENTAL LAND USE OR WATER PERMIT
EXISTING CONSTRAINED AREAS
FARM CONSERVATION PLAN
FARM MANAGEMENT UNIT
FARMLAND SOILS OF LOCAL IMPORTANCE
FARMLAND SOILS OF STATEWIDE IMPORTANCE
FARMLAND SOILS, IMPORTANT
FARMLAND SOILS, PRIME
FARMLAND SOILS, UNIQUE
FARMSITE
FLOOR AREA
FLOOR AREA RATIO
FOREST
FOREST AREA, TOTAL
FOREST AREA, UPLAND
FOREST INTEGRITY
FOREST MANAGEMENT PLAN
FOREST PATCH
FOREST PATCH, MEAN DISTANCE TO CLOSEST (MDCP)
FOREST, CORE
GROUNDWATER
GROUNDWATER AVAILABILITY
HABITAT VALUE
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
HIGHLANDS AREA
HIGHLANDS HISTORIC AND CULTURAL RESOURCE INVENTORY
HIGHLANDS OPEN WATERS
HIGHLANDS OPEN WATERS BUFFER
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
HIGHLANDS PUBLIC COMMUNITY WATER SUPPLY SYSTEM
HIGHLANDS REDEVELOPMENT AREA
HIGHLANDS RESOURCE AREA DETERMINATION (HRAD)
HIGHLANDS SCENIC RESOURCE INVENTORY
HISTORIC DISTRICT
HISTORIC RESOURCES
HISTORIC SITE
HUC
HUC14 SUBWATERSHED
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
KARST
LIGHT DETECTION AND RANGING (LiDAR)
LINEAR DEVELOPMENT
LOW-IMPACT DEVELOPMENT
MAJOR HIGHLANDS DEVELOPMENT
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPAL LAND USE LAW (MLUL)
NJ SOIL EROSION AND SEDIMENT CONTROL ACT RULES
NJDA
NJDA AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS RULES
NJDEP
NJDEP PRESERVATION AREA RULES
NJDOT
NJPDES
NJPDES PERMIT
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONPUBLIC WELL
NONSTRUCTURAL STORMWATER MANAGEMENT
NRCS
OPERATIONS AND CONTINGENCY PLAN
PERSON
PLANNING AREA
POTENTIAL CONTAMINANT SOURCE (PCS)
PRESERVATION AREA
PRESERVATION SET ASIDE OF CLUSTER PROJECT AREA
PUBLIC COMMUNITY WATER SYSTEM
PUBLIC COMMUNITY WELL
PUBLIC NONCOMMUNITY WATER SYSTEM
PUBLIC NONCOMMUNITY WELL
PUBLIC NONTRANSIENT NONCOMMUNITY WATER SYSTEM
PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM
PUBLIC WATER SYSTEM
RARE SPECIES
REFORESTATION
RESIDENTIAL DEVELOPMENT
RESOURCE MANAGEMENT SYSTEM PLAN
REVIEWING BOARD
RIPARIAN AREA
RIPARIAN AREA WILDLIFE CORRIDOR
RIPARIAN AREA, FLOOD-PRONE PORTION
RIPARIAN SOILS
RMP UPDATE
SADC
SCD
SCENIC RESOURCES
SEDIMENTATION
SEPTIC SYSTEM
SEWER SERVICE AREA (SSA)
SHORELINE
SITE DISTURBANCE
SLOPE (or GRADE)
SLOPE, STEEP
SLOPES, CONSTRAINED
SLOPES, LIMITED CONSTRAINED
SLOPES, MODERATELY CONSTRAINED
SLOPES, SEVERELY CONSTRAINED
SOIL CAPABILITY CLASS
SOLAR PANEL
SPECIES OF SPECIAL CONCERN
STORMWATER MANAGEMENT RULES
STRUCTURE
SUBSIDENCE SINKHOLES
SURFACE WATER
SUSTAINABLE AGRICULTURE
TECHNICAL SERVICE PROVIDER (TSP)
THREATENED SPECIES
TIME OF TRAVEL
TOTAL MAXIMUM DAILY LOAD (TMDL)
VIEWSHED
WASTEWATER UTILITY
WATER AVAILABILITY, CONDITIONAL
WATER AVAILABILITY, NET
WATER CONSERVATION
WATER QUALITY MANAGEMENT PLAN (WQMP)
WATER USE AND CONSERVATION MANAGEMENT PLAN
WATER-DEPENDENT USES
WELLHEAD
WHPA
ZONE OF SATURATION
Definitions. For purposes of this article 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.
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.
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 article.
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 permits pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
A geologic formation, group of formations, or partial formation
containing saturated permeable rock, sand or gravel sufficient to
store and transmit usable quantities of water to wells and springs.
Any material remains of past human life or activities which
are of archaeological interest, such as tools, structures or portions
of structures, pit houses, rock paintings, rock carvings, intaglios,
graves, human skeletal materials, or any portion or piece of any of
the foregoing items.
Structural or nonstructural methods used to prevent or reduce
the movement of sediment, nutrients, pesticides and other pollutants
from the land to surface or groundwater.
Used interchangeably with the term "construction permit."
See definition below.
County Agriculture Development Board.
Rock consisting chiefly of calcium and magnesium carbonates,
such as limestone and dolomite.
A forestry or logging practice in which most or all of the
trees in a harvest area are cut down.
All of the individual parcels from which development is clustered
including the area set aside for preservation and the area set aside
for development.
A development design technique where principal buildings
and structures are grouped together on a portion of the cluster project
area, while the remaining land area is permanently deed-restricted
in agricultural use, for conservation of environmental resources,
or as open space for environmental protection including public recreational
use.
Sanitary sewerage treatment facilities (i.e., domestic treatment
works) that discharge treated wastewater to groundwaters as regulated
by a NJPDES permit under N.J.A.C. 7:14, which provide service to one
or more parcels that are approved and constructed as a single development
or planned development.
The amount of water availability allowed in a deficit HUC14
subwatershed, subject to certain mitigation requirements, as determined
by the Highlands Council.
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.
Any use of water that results in its evaporation, transpiration,
incorporation into products or crops, consumption by humans or animals,
or removal by any other means from a watershed or subwatershed, other
than by conveyances as untreated water supply, potable water, or wastewater.
A substance capable of causing contamination of a water supply.
The presence of any harmful or deleterious substances in
the water supply, including but not limited to hazardous substances,
hazardous wastes, and substances listed in the New Jersey Administrative
Code at N.J.A.C. 7:9C (Ground Water Quality Standards), N.J.A.C. 7:9B
(Surface Water Quality Standards) and N.J.A.C. 7:10 (New Jersey Safe
Drinking Water Act Regulations), and as these regulations may be amended
from time to time.
Sites, artifacts, or materials that relate to the way people
live or lived; for example, archaeological sites, rock carvings, ruins,
and the like. These resources are generally defined based on existing
documentation or artifacts discovered relating to activities of people
who lived, worked, or recreated in an area during a period in history.
A HUC 14 subwatershed characterized by negative net water
availability, meaning that existing consumptive and depletive water
uses exceed the capacity of the groundwater supply to sustain them.
The conversion of forested areas to nonforested areas, whether
for use as urban land, or any other nonforest land use; disturbance
of an area characterized as "forest" pursuant to the procedures provided
in Appendix A, herein,[1] the extent or effect of which is to disqualify the area
from such designation.
The permitted number of dwelling units per gross acre of
land to be developed; or if defined by the underlying municipal Zoning
Ordinance, as provided therein.
The gross acreage of land area required per individual septic
system to physically contain and support its functions in keeping
with the specified wastewater design flow.
Use of water whereby it is withdrawn from a HUC14 subwatershed
and transported outside of the subwatershed (through utility conveyances
as untreated water supply, potable water, or wastewater), resulting
in a net loss of water to the subwatershed from which it originated.
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.
All of the individual parcels within the area set aside for residential development including the infrastructure, open space, and utilities necessary to support the development pursuant to the requirements of § 165-117.11A(5).
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation. (Pursuant to § 165-117.9B(5)(b) of this article, when considering land for conversion to nonagricultural land uses in a Highlands open water buffer, historic or current agricultural land uses shall not be considered "land improvements," "development," "land disturbances," or "land uses" for purposes of calculating the previously disturbed area.)
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: a) 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 b) 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.
Species included on the list of endangered species that the
NJDEP promulgates pursuant to the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-13 et seq., and the Endangered Plant Species List
Act, N.J.S.A. 13:1B-15.151 et seq., and any species or subspecies
of wildlife appearing on any federal endangered species list or any
species or subspecies of plant designated as listed, proposed, or
under review by the federal government pursuant to the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq.
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.)
Stream flows within any HUC14 subwatershed(s) upstream of
a current deficit area.
A site-specific plan that prescribes needed land treatment
and related conservation and natural resource management measures,
including forest management practices, that are determined to be practical
and reasonable for the conservation, protection, and development of
natural resources, the maintenance and enhancement of agricultural
or horticultural productivity, and the control and prevention of nonpoint
source pollution.
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.
Farmland of local importance includes those soils that are
not prime or of statewide importance and are used for the production
of high-value food, fiber or horticultural crops.
Farmlands of statewide importance include those soils in
NRCS Land Capability Class II and III that do not meet the criteria
as prime farmland. These soils are nearly prime farmland and economically
produce high yields of crops when treated and managed according to
acceptable farming methods. Some may produce yields as high as prime
farmland if conditions are favorable.
Soils based on soil data prepared by the USDA NRCS including
the following four classifications: prime farmland soils, farmland
soils of statewide importance, unique farmland soils, and farmland
soils of local importance.
Prime farmlands include all those soils in NRCS Land Capability
Class I and selected soils from Land Capability Class II. Prime farmland
is land that has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber and oilseed crops and is also
available for these uses. It has the soil quality, growing season,
and moisture supply needed to economically produce sustained high
yields of crops when treated and managed according to acceptable farming
methods; prime farmlands are not excessively erodible or saturated
with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
Soils used for special crops (such as cranberries in the
New Jersey Pinelands). Unique soils are determined on a statewide
basis by the State Soil Conservation Committee.
A farm management unit as defined herein.
The area of each floor of a building lying within the inside
perimeter of its exterior walls excluding vent shafts, courts, and
unfinished areas such as basements or attics having ceiling heights
less than that required for habitable space under the building code.
The sum of the area of all floors of buildings or structures
compared to the total area of the site; or if defined by the underlying
Zoning Ordinance, as provided therein.
A biological community as determined by the method set forth
under Appendix A,[2] as adapted from NJDEP Preservation Area Rules, at N.J.A.C.
7:38-3.9.
The percentage of total area that is covered in forest.
A biological community that is a "forest," as defined above,
and that is not located in an area designated as Highlands Open Waters
(i.e., not a forested wetland or other Highlands Open Waters).
An expression of the application of landscape metrics to
evaluate the effects of forest fragmentation across the landscape,
thereby recognizing the ability of forests to provide essential ecosystem
functions.
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.
A contiguous tract of forest bordered by either altered land
or a road.
The average edge-to-edge distance between distinct forest
patches located within a 1,000-foot search radius of one another.
The MDCP provides a measure of forest patch isolation within the landscape
area of interest.
The area and percent of a forest patch that is greater than
300 feet from a forest edge.
Water contained in the interconnected voids of a saturated
zone in the ground. A saturated zone is a volume of ground in which
the voids in the rock or soil are filled with water greater than or
equal to atmospheric pressure.
The total amount of water assigned by the Highlands Council
to a HUC14 subwatershed that can be used for consumptive and depletive
water uses by water uses that do not draw from water supplies with
a NJDEP-approved safe yield.
The value of an ecosystem area for maintenance of a healthy
population of a species as determined by quantity, quality, type,
and function.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
[Clean Water Act] (Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11
et seq., or Section 4 of the New Jersey Water Pollution Control Act
(N.J.S.A. 58:10A-1 et seq.) and as these regulations may, from time
to time, be amended. Substances listed include petroleum, petroleum
products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et
seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
The determination made by the NJDEP (pursuant to N.J.A.C.
7:38-2.4) indicating 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 RMP.
The listing of historic, cultural and archaeological resources
within the Highlands Region, including, but not limited to, all properties
listed on the New Jersey or National Register of Historic Places;
all properties which have been deemed eligible for listing on the
New Jersey or National Register of Historic Places; and all properties
for which a formal opinion of the State Historic Preservation Office
(SHPO) has been issued.
All springs, streams including intermittent streams, wetlands,
and bodies of surface water, whether natural or artificial, located
wholly or partially within the boundaries of the Highlands Region,
but not including swimming pools. Highlands Open Waters include seeps,
lakes, ponds, and vernal pools; all categories (including springs,
streams, and wetlands) as described and defined in the Borough/Township/Town
Environmental Resource Inventory.
In the preservation area, a 300-foot buffer adjacent to Highlands
Open Waters in which no disturbance is permitted, except as provided
in N.J.A.C. 7:38-3.6. In the Planning Area, a 300-foot buffer around
all Highlands Open Waters from the edge of the discernible bank of
the Highlands Open Waters feature, or from the centerline of that
feature where no discernible bank exists. With respect to wetlands
and other Highlands Open Waters features, the feature shall include
a protection buffer of 300 feet, measured from the mapped wetlands
(not from the wetlands buffer) delineated in a letter of interpretation
or Highlands resource area determination, as applicable, as provided
by NJDEP.
An approval issued by the NJDEP pursuant to N.J.A.C. 7:38-6
pertinent to a regulated activity in the Highlands preservation area,
including an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b.
Highlands preservation area approval includes Highlands general permits
issued pursuant to N.J.S.A. 13:20-33d and promulgated at N.J.A.C.
7:38-12. HPAA, when used in this article, includes Highlands general
permits unless explicitly excluded.
Public water supply systems in the Highlands Region that
pipe water for human consumption to at least 15 service connections
or that regularly serve at least 25 year-round residents.
A property, portion of a property, or group of properties
designated as such by the Highlands Council and which includes one
or more of the following: a) a brownfield site; b) a grayfield site;
and c) any previously developed site in the Highlands Region. A Highlands
redevelopment area may include the intervening or surrounding lands
which are significantly affected by or necessary to support such sites,
and is subject to a Highlands Council-approved redevelopment plan
setting forth the scope and details of any redevelopment project(s)
and/or activities permitted to occur.
A formal determination issued by the NJDEP that confirms
the presence or absence of a Highlands resource area on a site, and
if present, its location and applicable boundary lines. A person may
apply for an HRAD only, or in connection with an application for an
HPAA.
The inventory of regionally significant lands within the
Highlands Region that encompasses elements of high scenic quality
worthy of protection, as approved by the Highlands Council.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Buildings, structures, objects, districts, sites, or areas
that are significant in the history, architecture, archaeology, engineering
or culture of a place or time.
Any real property, man-made structure, natural object or
configuration of any portion or group of the foregoing of historical,
archaeological, cultural, scenic, or architectural significance.
Hydrologic Unit Code; identification number developed by
the USGS to designate drainage basins including watersheds and subwatersheds.
A delineated subwatershed area identified by a fourteen-digit
HUC, within which water drains to a particular receiving surface water
body.
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.
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, motor vehicle surface 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.
A system regulated under N.J.A.C. 7:9A for disposal of sanitary
sewage into the ground which is designed and constructed to treat
sanitary sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid effluent to a
disposal field, disposal bed, or disposal trench or trenches. The
term "septic system" is equivalent in meaning.
A distinctive topography that indicates solution of underlying
carbonate rocks (such as limestone and dolomite) by surface water
or groundwater over time, often producing surface depressions, sinkholes,
sinking streams, enlarged bedrock fractures, caves, and underground
streams.
Technology that uses an active sensor, similar to radar that
transmits laser pulses to a target and records the time it takes for
the pulse to return to the sensor receiver. This technology is used
for high-resolution topographic mapping.
Infrastructure, utilities and the associated rights-of-way
therefor, including but not limited to such installations as railroads,
roads, sewerage and water supply pipelines, stormwater management
pipes and channels, natural gas and liquid fuel pipelines, electric,
telephone and other transmission lines, and in all cases, the associated
rights-of-way therefor.
An environmentally sensitive approach to land use planning
that uses a variety of landscape and design techniques to manage development
activities to mitigate potential adverse impacts on the natural environment.
Except as otherwise provided pursuant to Subsection a. of
Section 30 of the Highlands Act ("Exemptions"): (1) any nonresidential
development in the preservation area; (2) any residential development
in the preservation area that requires an environmental land use or
water permit (from the NJDEP, see definition above) 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; (3) 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 (4) 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, see definition above) 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.)
Land uses and activities determined by the Highlands Council
to pose a major risk of groundwater contamination (see Appendix B[3]).
For purposes of this article, all references to the "Township
Master Plan," "master plan," or "Master Plan," refer to the municipal
master plan, as adopted by the Township Planning Board.
For purposes of this article, 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."
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix C[4]).
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
Regulations adopted by the State Soil Conservation Committee
at N.J.A.C. 2:90-1, incorporating requirements for best management
practices regarding temporary and permanent soil erosion control.
New Jersey Department of Agriculture.
The regulations established by the NJDA to implement requirements
of the Highlands Act, titled and codified at N.J.A.C. 2:92.
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.
New Jersey Department of Transportation.
New Jersey Pollutant Discharge Elimination System.
A permit issued by the NJDEP authorizing certain discharges
to ground or surface waters of the State of New Jersey pursuant to
the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.,
as amended, and its implementing rules at N.J.A.C. 7:14A.
Any lot having an area, dimension or location which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any structure having a size, dimension or location which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a municipal zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
Any water supply well used for potable purposes other than
a public community or noncommunity water supply well.
Techniques and practices devised to manage stormwater runoff
and reduce pollution levels, without extensive construction efforts.
Nonstructural management strategies often mimic the natural hydrology
of a site and utilize site planning and design to accomplish stormwater
control.
Natural Resources Conservation Service of the United States
Department of Agriculture.
A management plan prepared in support of an existing or proposed
major or minor potential contaminant source (PCS), that: a) documents
the specific PCS(s) existing or proposed for a particular site; b)
describes the types and quantities of substances and/or wastes expected
to be used, discharged or stored on the site; c) indicates the means
by which spillage, leakage or discharge of such materials will be
prevented; d) provides the means or methods to be used to contain
or remedy any accidental spill, leak, discharge or migration of such
materials from the site directly or indirectly into groundwater, surface
water bodies, or the land surfaces that provide recharge to the underlying
aquifer; e) indicates the procedures to be undertaken to notify the
appropriate administrative authorities, including but not limited
to the NJDEP and the Board of Health, regarding any accidental spillage
or discharge of such materials; and f) demonstrates that best management
practices have been incorporated into the design and management of
both the site and the particular PCS(s) it contains to ensure against
such discharges.
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
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 article, this terminology shall also be used to refer
to Planning Area lands located solely within the Township.
Activity or land use that may be a source of a contaminant
that has the potential to move into groundwater withdrawn from a well.
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 article, this terminology shall also be used to refer to Preservation
Area lands located solely within the Township.
All of the individual parcels within the area set aside for preservation that must be deed-restricted against further subdivision pursuant to the requirements of § 165-117.11A(4).
A public water system which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents.
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 public water system that is not a public community water
system and is either a "public nontransient noncommunity water system"
or a "public transient noncommunity water system" as defined herein.
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.
A public water system that is not a public community water
system and that regularly serves at least 25 of the same persons for
more than six months in any given calendar year.
A public water system that is not a public community or a
public nontransient noncommunity water system and that serves at least
25 transient individuals for at least 60 days in any given calendar
year.
A system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such
system has at least 15 service connections or regularly serves at
least 25 individuals daily for at least 60 days out of the year. Such
term includes any collection, treatment, storage and distribution
facilities under control of the operator of such system and used primarily
in connection with such system, and any collection or pretreatment
storage facilities not under such control which are used primarily
in connection with such system. A public water system is either a
"public community water system" or a "public noncommunity water system"
as defined herein.
Wildlife species that are not endangered or threatened wildlife
species but are considered by the NJDEP to be species of special concern
as determined by a panel of experts, or that are ranked S1 (critically
imperiled in New Jersey because of extreme rarity), S2 (imperiled
in New Jersey because of rarity), S3 (rare in New Jersey), G1 (critically
imperiled globally), G2 (imperiled globally because of rarity) or
G3 (globally very rare and local throughout its range or found locally
in a restricted range) in the Natural Heritage Database, and Plant
Species of Concern listed pursuant to N.J.A.C. 7:5C-3.1.
The restoration (replanting) of a forest that has been reduced
by fire, cutting, or any other cause.
Development dedicated to the creation of new dwelling units
or the improvement or expansion of existing dwelling units, whether
by new construction or conversion of existing building areas or portions
thereof, to dwelling use, including any type of residential structure
whether a single- family home (including group home), duplex, townhouse,
apartment or any other form of multifamily housing construction. For
purposes of this article, residential development shall include property
improvements associated with and either required in support of or
customarily accessory to, the residential use, including but not limited
to porches, patios, decks, driveways, garages, storage sheds, swimming
pools, tennis courts, drywells, utility facilities, septic systems,
yard grading and retaining walls.
A site-specific conservation system plan that: (1) prescribes
needed land treatment and related conservation and natural resource
management measures, including forest management practices, for the
conservation, protection, and development of natural resources, the
maintenance and enhancement of agricultural and horticultural productivity,
and the control and prevention of nonpoint source pollution; and (2)
establishes criteria for resources sustainability of soil, water,
air, plants, and animals.
The municipal Planning Board or Zoning Board of Adjustment,
as applicable, established pursuant to N.J.S.A. 40:55D-23 or N.J.S.A.
40:55D-69 respectively, or any committee formally designated and authorized
to act on behalf of such Board pursuant to other provisions of the
MLUL (e.g., Minor Subdivision Committee of a Planning Board).
Areas adjacent to and hydrologically interconnected with
Highlands Open Waters rivers and streams consisting of flood-prone
areas, wetlands, soils that are hydric, alluvial, or have a shallow
depth to groundwater, and including wildlife passage corridors within
300 feet of surface Highlands Open Waters features.
A 300-foot corridor on each mapped stream bank or from the
stream centerline if no stream bank is mapped.
Areas delineated by the Highlands Council based on NJDEP
flood-prone and FEMA Q3 flood area mapping (NJDEP 1996, FEMA 1996)
including USGS documented (by prior flood events) and undocumented
flood-prone areas and Federal Emergency Management Agency (FEMA) 100-year
floodplain.
Soils associated with Highlands Open Waters that are hydric,
alluvial, or exhibit a shallow depth to seasonal high water table.
A factual update to the Highlands Regional Master Plan based
upon receipt of new, corrected or updated factual information and
verification by the Highlands Council.
State Agriculture Development Committee.
Soil Conservation District, as established in accordance
with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.
Sites and landscapes that are distinctive and remarkable
for their geology, topography, history, culture, and aesthetics or
can be representative of the defining character of a community. They
may include prominent ridgelines, mountainsides or hillsides, panoramic
vistas, community gateways and landmarks, river valleys, and agricultural
landscapes.
The process of deposition of a solid material from a state
of suspension or solution in a fluid (usually air or water).
A system regulated by N.J.A.C. 7:9A for disposal of sanitary
sewage into the ground which is designed and constructed to treat
sanitary sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid effluent to a
disposal field, disposal bed, or disposal trench or trenches. The
term "individual subsurface sewage disposal system" is equivalent
in meaning.
The land area identified in an areawide water quality management
plan from which generated wastewater is designated to flow to a domestic
treatment works or industrial treatment works. A distinct sewer service
area is established for each domestic treatment works and industrial
treatment works.
The ordinary high water mark, or point on the bank or shore
up to which the presence and action of the water is so continuous
as to leave a distinct mark either by erosion, destruction of terrestrial
vegetation, or other easily recognized characteristic.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
An area of land forming an incline; a measure used to describe
the degree of inclination of an area of land; the difference in vertical
elevation ("rise") of a land area occurring over a specified horizontal
distance ("run"). For example, a land area having a one-foot vertical
rise over a ten-foot horizontal run has a slope of 10%. A ten-foot
vertical rise over a twenty-five-foot horizontal run indicates a slope
of 40%.
Any slope having a grade of 15% or more or, if situated in
a riparian area, of 10% or more.
All non-riparian area lands having a slope of 15% to less
than 20% which are nonforested and exhibit one or more of the following
characteristics: a) highly susceptible to erosion; b) shallow depth
to bedrock; or c) a Soil Capability Class indicative of wet or stony
soils.
All non-riparian area lands having a slope of 15% to less
than 20%, which are nonforested, are not highly susceptible to erosion,
and do not have a shallow depth to bedrock or a Soil Capability Class
indicative of wet or stony soils.
All forested non-riparian area lands having a slope of 15%
to less than 20%.
All lands having slopes of 20% or greater and all lands within
riparian areas having slopes of 10% and greater.
Soil class designated by the United States Department of
Agriculture (USDA) Soil Survey, available from the Natural Resource
Conservation Service and containing descriptions of soil series on
a county-by-county basis (available online at www.sdmdataaccess.nrcs.usda.gov).
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.)
Wildlife species identified by the NJDEP that warrant special
attention because of evidence of population decline or inherent vulnerability
to environmental deterioration or habitat modification that would
result in the species becoming threatened if conditions surrounding
the species begin or continue to deteriorate. The term includes species
for which there is little knowledge of current population status in
the state.
NJDEP rules at N.J.A.C. 7:8 that set forth the required components
of regional and municipal stormwater management plans and establish
the stormwater management design and performance standards for new
(proposed) development.
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.
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in underlying, soluble bedrock.
Any waters of the State of New Jersey which are not groundwater.
An integrated system of plant and animal production practices
having a site-specific application that will over the long-term: (a)
satisfy human food and fiber needs; (b) enhance environmental quality
and the natural resource base upon which the agricultural economy
depends; (c) make the most efficient use of nonrenewable resources
and on-farm resources and integrate, where appropriate, natural biological
cycles, and controls; (d) sustain the economic viability of farm operations;
and (e) enhance the quality of life for farmers and society as a whole
(1990 Farm Bill).
Professionals from outside of the United States Department
of Agriculture that are certified by the NRCS to assist agricultural
producers in applying conservation measures.
An indigenous nongame wildlife species of New Jersey designated
pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A.
23:2A-13 et seq., and its implementing rules, N.J.A.C. 7:25-4.17,
as most recently amended.
The average time that a volume of water will take to travel
through the zone of saturation from a given point to a pumping well.
The pollutant loading that a surface water body may assimilate
without violating NJDEP Surface Water Quality Standards (N.J.A.C.
7:9B) and a determination of the extent to which pollutant loadings
to a water body must be reduced to restore that water body to a water
quality that complies with the Surface Water Quality Standards. A
TMDL includes an allocation of allowable pollutant loads to specific
point sources (wasteload allocations) and categories of nonpoint sources
(load allocations), after subtraction of a margin of safety and, where
appropriate, a reserve capacity (for future pollutant loads).
An area of land, water or other physical features visible
from a fixed vantage point.
A publicly, privately, or investor-owned utility that collects
and may treat sanitary wastewater, as regulated by the NJDEP.
The amount of water availability allowed in a deficit HUC14
subwatershed, subject to certain mitigation requirements, as determined
by the Highlands Council.
The value assigned by the Highlands Council to a HUC14 subwatershed
resulting from subtracting consumptive and depletive surface and groundwater
uses from groundwater availability.
Implementation of BMPs to ensure maximum water use efficiency
and reduction in water use and losses; measures may include low-impact
development techniques, water conserving fixtures, water valves, beneficial
re-use systems and capture of stormwater.
A plan prepared pursuant to Sections 208 and 303 of the Federal
Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1288
et seq. and 1313 respectively), and the Water Quality Planning Act,
N.J.S.A. 58:11A-1 et seq., including the Statewide WQMP, or Areawide
or County WQMP as defined under N.J.A.C. 7:15.
A planning document approved by the Highlands Council to
ensure the sound use and management of water resources. Water use
and conservation management plans document the current state of water
availability and use in the subwatersheds of interest, set priorities
for the use and protection of available water, and establish methods
to reduce and, where feasible, eliminate net water availability deficits
where they exist.
Any use or activity that cannot physically function without
direct access to the body of water along which it is proposed. An
activity that can function on a site not adjacent to the water is
not considered water-dependent regardless of the economic advantages
that may be gained from a waterfront location.
The well, borehole, and appurtenant equipment for a public
community well, public noncommunity well, or nonpublic well within
a cluster of nonpublic wells.
Wellhead protection area.
A layer within or below the soil profile which is saturated
with groundwater either seasonally or throughout the year.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Highlands Preservation Area and Planning Area. The Highlands Act
establishes the Preservation Area and Planning Area of the Highlands
Region. It describes the varied attributes of each and sets forth
the major land use planning goals that pertain to the lands located
within each. The Act defines the geographic extent of the Highlands
Region to include the aggregated land area making up its constituent
municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation
of the Preservation Area by use of a specific metes and bounds description
(N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands
Region as the Planning Area.
(1)
Highlands Area. The Clinton Township Master Plan incorporates
the Highlands Preservation Area and Planning Area, inclusive of the
goals applicable to each, as an integral component of the planning
and land use policies of the municipality. For purposes of this article,
these areas shall henceforth be known and designated as the Clinton
Township "Highlands Area."
(2)
Preservation Area. The Preservation Area, to the full extent
of its limits within the Clinton Township Highlands Area, is herewith
adopted and established as an overlay to municipal zoning.
(3)
Planning Area. The Planning Area, to the full extent of its
limits within the Clinton Township Highlands Area, is herewith adopted
and established as an overlay to municipal zoning.
A.1.
Highlands Centers. The Highlands Regional Master Plan ("Highlands
RMP") allows municipalities to designate Highlands Centers as a planning
tool to encourage development and redevelopment in appropriate areas
which typically include access to utilities and regional transportation.
The intent is to provide a balance between providing support for managed
economic growth while discouraging development in environmentally
sensitive areas to protect critical natural and cultural resources.
The Highlands Centers established hereinbelow were incorporated in
an amendment to the Township's Petition for Plan Conformance,
which was ultimately approved by the Highlands Council in June 2022.
[Added 5-10-2023 by Ord.
No. 1184-2023]
(1)
In accordance with New Jersey Highlands Council Resolution No.
2022-12, adopted June 16, 2022, and the provisions of the Highlands
RMP, the following Highlands Centers as described below, are hereby
established as overlays to municipal zoning:
(a)
Annandale Highlands Center. The Annandale Highlands
Center is generally located east of the Township's border with
the Town of Clinton and generally surrounding the New Jersey Transit
train station in Annandale, as depicted on the Clinton Township Zoning
Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(b)
Northern Route 31 Highlands Center. The Northern
Route 31 Highlands Center generally lies to the north of the Town
of Clinton along New Jersey State Highway Route 31, also as depicted
on the Clinton Township Zoning Map.
(2)
Highlands Center policies. Throughout both Highlands Centers, the policies applicable to the Existing Community Zone, as depicted on the Highlands RMP Land Use Capability Map ("LUCM"), shall apply to the entirety of the Centers, except for those areas designated Highlands Environmental Resource Zones pursuant to § 165-117.7A.2 below.
A.2.
Highlands Environmental Resource Zones ("HERZ").
A Highlands Environmental Resource Zone is an area intended by the
Highlands RMP to delineate the most environmentally sensitive resources
within a Highlands Center and protect those areas through the application
of Protection Zone criteria. The Clinton Township Highlands Environmental
Resource Zones are hereby created and established as an overlay to
municipal zoning, as further described hereinbelow:
[Added 5-10-2023 by Ord.
No. 1184-2023]
(1)
The Township HERZ, in the aggregate, contain approximately 100
acres of designated land areas within the Annandale Highlands Center
and Northern Route 31 Highlands Center, as depicted on the map denoted
Appendix G, Exhibit 10.[2] The Protection Zone policies set forth in these Highlands Regulations (§§ 165-117.4 through 165-117.14) shall apply within the HERZ.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Within the HERZ, existing developed land uses that are dependent
upon individual on-site subsurface septic disposal systems shall be
eligible for connection to the public wastewater collection and treatment
system when capacity of those utilities become available. Such connections
shall be consistent with the use and intensity of development on individual
lots dependent upon individual on-site wastewater treatment systems
in existence as of June 16, 2022.
B.
Highlands Zones and Sub-Zones. The Highlands RMP establishes three
primary zones (the Protection Zone, Conservation Zone and Existing
Community Zone) and four sub-zones (Wildlife Management Sub-Zone,
Conservation Zone - Environmentally Constrained Sub-Zone, Existing
Community Zone - Environmentally Constrained Sub-Zone and Lake Community
Sub-Zone) each with its own purpose, application and development criteria.
Delineation of Highlands Zones finds basis in the underlying natural
resources, the extent of existing development and supporting infrastructure,
and the potential to support new development and redevelopment. Highlands
Zones are intended to ensure that the density and intensity of future
development and redevelopment do not exceed the capacity of the land,
natural resources and existing infrastructure to support them. The
Clinton Township Master Plan incorporates the Highlands zones and
sub-zones as an integral component of the planning and land use policies
of the municipality. In keeping with the Land Use Plan Element of
the Clinton Township Master Plan, the following Highlands Zones and
Sub-Zones are herewith established as overlays to existing municipal
zoning:
(1)
Protection Zone. The Protection Zone contains the highest quality
natural resource value lands of the Highlands Area. Lands in the Protection
Zone are essential to maintaining water quality, water quantity and
sensitive ecological resources and processes and have limited or no
capacity to support human development without adversely affecting
overall ecological function. Land acquisition is a high priority for
lands in the Protection Zone and development activities will be extremely
limited. Any development will be subject to stringent limitations
on consumptive and depletive water use, degradation of water quality,
and impacts to environmentally sensitive lands and natural resources.
(2)
Wildlife Management Sub-Zone. The Wildlife Management Sub-Zone,
a sub-zone of the Protection Zone, consists of areas managed by the
United States Fish and Wildlife Service as part of the National Wildlife
Refuge System, and lands within the Wildlife Management Area System
administered by the NJDEP Division of Fish and Wildlife's Bureau of
Land Management. These areas are part of a network of lands and waters
for conservation, management, and, where appropriate, restoration
of fish, wildlife and plant resources and their habitats. Lands within
the Wildlife Management Sub-Zone are intended for compatible wildlife-dependent
recreational uses such as hunting, fishing, wildlife observation and
photography, and environmental education and interpretation.
(3)
Conservation Zone. The Conservation Zone consists of areas with
significant agricultural lands interspersed with associated woodlands
and environmental features that should be preserved when possible.
The Conservation Zone is intended primarily for agricultural use and
development, including ancillary and supporting uses and activities.
Nonagricultural development activities will be limited in area and
intensity due to infrastructure constraints and resource protection
goals. Where nonagricultural development does occur, it must be compatible
with agricultural uses.
(4)
Conservation Zone - Environmentally Constrained Sub-Zone. The
Conservation Zone - Environmentally Constrained Sub-Zone consists
of lands containing significant environmental features within the
Conservation Zone that should be preserved and protected from nonagricultural
development. Development activities will be limited and subject to
stringent limitations on consumptive and depletive water use, degradation
of water quality, and impacts to environmentally sensitive lands.
(5)
Existing Community Zone. The Existing Community Zone consists
of areas of concentrated development representing existing communities.
These areas tend to have limited environmental constraints due to
previous development patterns and may have existing infrastructure
that can support additional development or redevelopment. Where served
by adequate supporting infrastructure, lands within the Existing Community
Zone are suited to higher densities and intensities of development
than other zones.
(6)
Existing Community Zone - Environmentally Constrained Sub-Zone.
The Existing Community Zone - Environmentally Constrained Sub-Zone
consists of significant contiguous critical habitat, steep slopes
and forested lands within the Existing Community Zone that should
be protected from further fragmentation. They serve as regional habitat
"stepping stones" to larger contiguous critical habitat and forested
areas. As such, they are not appropriate for significant development,
and are best served by land preservation and protection. Development
is subject to stringent limitations on consumptive and depletive water
use, degradation of water quality, and impacts to environmentally
sensitive lands.
(7)
Lake Community Sub-Zone. The Lake Community Sub-Zone consists
of that portion of the Existing Community Zone that lies within 1,000
feet of all lakes of 10 acres or more in surface area. The purpose
for the sub-zone is to protect and enhance water quality, resource
features, shoreline recreation, scenic quality, and community character.
This sub-zone incorporates unique regulatory requirements to prevent
degradation of water quality, harm to lake ecosystems, and watershed
pollution, while promoting natural aesthetic values within the Existing
Community Zone.
C.
Highlands Resource and Special Protection Areas. The Highlands RMP
establishes Highlands Resource Areas and Special Protection Areas,
each delineated based on the existence of one or more significant
Highlands resources or critical or sensitive environmental characteristics
or features. The Highlands Element of the Clinton Township Master
Plan incorporates each of these areas to the extent of their physical
limits within the municipality, and the specific policies, goals and
objectives relating to their protection as an integral component of
the planning and land use policies of the municipality. In keeping
with the Highlands Element of the Clinton Township Master Plan, the
following Highlands Resource Areas and Special Protection Areas are
herewith established as overlays to municipal zoning:
(1)
Forest Resource Area. The Forest Resource Area contains high
ecological value forest areas including forested areas having the
least fragmentation which are vital to the maintenance of ecological
processes. The Forest Resource Area includes forested areas characterized
by one or more of the following forest integrity indicators: a contiguous
forest patch of 500 acres or more; an area consisting of 250 contiguous
acres or more of core forest; or areas accounting for 45% or more
of mean total forest cover.
(2)
Highlands Open Waters. Highlands Open Waters consist of all
springs, streams including intermittent streams, wetlands, and bodies
of surface water, whether natural or artificial, located wholly or
partially within the boundaries of the Highlands Region, but not including
swimming pools. Highlands Open Waters include seeps, lakes, ponds,
and vernal pools, all Highlands categories (including springs, streams,
and wetlands) as described and defined in the Clinton Township Environmental
Resource Inventory.
(3)
Riparian Areas. Riparian Areas are areas adjacent to and hydrologically
interconnected with Highlands Open Waters rivers and streams. They
consist of floodprone areas, wetlands, soils that are hydric, alluvial,
or have a shallow depth to groundwater. Riparian Areas also include
wildlife passage corridors within 300 feet of surface Highlands Open
Waters features.
(4)
Steep Slope Protection Area. The Steep Slope Protection Area
is comprised of those portions of the Highlands Area encompassing
a minimum of 5,000 square feet of contiguous area, which are characterized
either by grades of 15% or greater, or, if in a Riparian Area, 10%
or greater. The Steep Slope Protection Area includes the following
sub-classifications:
(a)
Severely constrained slopes. All lands having slopes of 20%
or greater and lands within Riparian Areas having slopes of 10% and
greater.
(b)
Moderately constrained slopes. All forested non-Riparian Area
lands having a slope of 15% to less than 20%.
(c)
Constrained slopes. All non-forested, non-Riparian Area lands
having a slope of 15% to less than 20% and exhibiting one or more
of the following characteristics: a) highly susceptible to erosion;
b) shallow depth to bedrock; or c) a Soil Capability Class indicative
of wet or stony soils.
(d)
Limited constrained slopes. All non-forested, non-Riparian Area
lands having a slope of 15% to less than 20%, which are not highly
susceptible to erosion, and do not have a shallow depth to bedrock
or a Soil Capability Class indicative of wet or stony soils.
(5)
Critical Habitat. Critical Habitat is comprised of all land
areas in the Highlands Area designated as Critical Wildlife Habitat,
Significant Natural Areas, and Vernal Pools, including Vernal Pool
Buffers. Each of these is established as an overlay to municipal zoning.
(a)
Critical Wildlife Habitat. Within the Planning Area, Critical
Wildlife Habitat consists of those areas within NJDEP's Landscape
Project Version 3 (or more recent version as amended) that are Landscape
Rank 3 through 5. In addition, it includes areas that are designated
Landscape Rank 2 and have a Highlands Conservation Rank of Critically
Significant or Significant. Within the Preservation Area, Critical
Wildlife Habitat consists of those areas within Landscape Rank 2 through
5, including all Highlands Conservation Ranks.
(b)
Significant Natural Areas. Significant Natural Areas consist
of the 95 NJDEP Natural Heritage Priority Sites, including habitat
for documented threatened and endangered plant species, and lands
that include unique or regionally significant ecological communities
and other significant natural sites and features.
(c)
Vernal Pools. Areas designated as Vernal Pools consist of NJDEP-certified
vernal pools plus a one-thousand-foot-wide protection buffer surrounding
the perimeter of each such pool. Vernal Pools consist of confined,
ephemeral wet depressions that support distinctive, and often endangered,
species that are specially adapted to periodic extremes in water pool
levels.
(6)
Carbonate Rock Areas. Carbonate Rock Areas consist of those
portions of the Highlands Area that are underlain by carbonate rock,
such as limestone and dolomite. Inclusion of lands within a Carbonate
Rock Area does not imply the presence of karst features area-wide,
but is indicative of the potential for solution of underlying carbonate
rock by surface or groundwater, over time.
(7)
Lake Management Area. The Lake Management Area is defined to
include the drainage area of all Highlands Area lakes having a surface
area of greater than 10 acres. The Lake Management Area includes the
following sub-classifications:
(a)
Shoreland Protection Tier. The Shoreland Protection Tier consists
of the lands surrounding a lake that lie within 300 feet of its shoreline,
or between the shoreline and the nearest property line adjacent to
and alongside of the lake, whichever is the lesser.
(b)
Water Quality Management Tier. The Water Quality Management
Tier consists of the lands surrounding and draining to a lake that
lie within 1,000 feet of its shoreline. This tier includes the Shoreland
Protection Tier.
(c)
Scenic Resource Tier. The Scenic Resource Tier consists of the
lands surrounding a lake that lie within 300 feet of its shoreline
(the Shoreland Protection Tier) plus any lands within 1,000 feet of
its shoreline that fall within the viewshed observable from the opposite
shoreline. The limits of such viewsheds require mapped delineations
based upon the topography of such lands, with the highest observable
elevations, forming the viewshed perimeter.
(d)
Lake Watershed Tier. The Lake Watershed Tier consists of the
entirety of the land area draining to a lake, as determined through
the evaluation of drainage areas using LiDAR topographic analysis
or other topographic data where LiDAR data are not available.
(8)
Prime Groundwater Recharge Areas. Prime Groundwater Recharge
Areas consist of those lands having the highest groundwater recharge
rates within each HUC14 subwatershed (as indicated by analysis using
the GSR-32 methodology of the New Jersey Geological Survey), and that
cumulatively provide 40% of the total recharge volume for the subwatershed.
(9)
Wellhead Protection Areas. Wellhead Protection Areas consist
of those areas surrounding a public water system well, from which
groundwater flows to the well and groundwater contamination, if it
occurs, may pose a significant threat to the quality of water withdrawn
from the well. Wellhead Protection Areas are composed of three tiers
reflecting the time required for groundwater to flow into the well,
as follows:
(a)
Wellhead Protection Area Tier 1. That area of land within a
Wellhead Protection Area (WHPA) from which the flow of groundwater
to the well has a time of travel of two years.
(b)
Wellhead Protection Area Tier 2. That area of land within a
WHPA from which the flow of groundwater to the well has a time of
travel of five years.
(c)
Wellhead Protection Area Tier 3. That area of land within a
WHPA from the flow of groundwater to the well has a time of travel
of 12 years.
(10)
Agricultural Resource Area. The Agricultural Resource Area consists
of those areas of the most concentrated and contiguous agricultural
uses as determined based on the prevalence of active farms, contiguous
farming units of 250 acres or more, and the presence of Important
Farmland Soils.
(11)
Highlands Scenic Resources. Highlands Scenic Resources consist
of those properties, sites, and viewsheds listed in the Highlands
Scenic Resources Inventory. These include but are not limited to national
historic landmarks and publicly owned federal, state and county parks,
forests, and recreation areas.
D.
Adoption of Highlands Area District Maps. All Highlands Area Districts as set forth under Subsections A through C, above, including Planning and Preservation Areas, Zones and Sub-Zones, Resource Areas and Special Protection Areas, are hereby established by the designation, location and boundaries as set forth for each respectively, in the following maps, each of which is hereby declared to be a part of this Highlands Area Land Use Chapter:
(1)
Township Highlands Area, Zones, and Sub-Zones. Map entitled
"Township of Clinton Highlands Area, Highlands Zones and Sub-Zones,"
dated March 2012, depicting the municipality along with delineation
of the Preservation Area, Planning Area, and Highlands Zones and Sub-Zones
as provided by the Highlands Council (Appendix G, Exhibit 1).[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Highlands Area Resource and Special Protection Areas. Series of maps depicting the Resource and Special Protection Areas listed at Subsection C(1) through (11) above, and also including related features and areas as discussed and defined in § 165-117.9 of this article; dated March 2012 (unless otherwise specifically noted), as provided by the Highlands Council (Appendix G).[4]
(a)
"Forest Resource Area, Total Forest Area." Map depicting that portion of the Township Highlands Area designated as Forest Resource Area (pursuant to Subsection C(1) above) and including Total Forest Area (as defined at § 165-117.9A); map denoted Appendix G, Exhibit 2.[5]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
"Highlands Open Waters, Lake Management Areas." Map depicting Highlands Open Waters located wholly or partially within the Township Highlands Area (pursuant to Subsection C(2) above); and Lake Management Areas which include lakes having a surface area greater than 10 acres and associated lake management tiers, including representative Scenic Resource Tier (i.e., non-delineated; 1,000 feet from estimated shoreline) (pursuant to Subsection C(7) above); map denoted Appendix G, Exhibit 3.[6]
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c)
"Riparian Area, Riparian Subwatershed Integrity Areas." Map depicting Riparian Areas (pursuant to Subsection C(3) above) located within the Township Highlands Area and including Riparian Subwatershed Integrity Areas (as defined at § 165-117.9C); map denoted Appendix G, Exhibit 4.[7]
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d)
"Steep Slope Protection Area." Map depicting those portions of the Township Highlands Area having 5,000 square feet or more of contiguous surface area in steep slopes (pursuant to Subsection C(4) above); map denoted Appendix G, Exhibit 5.[8]
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
(e)
"Critical Wildlife Habitat, Significant Natural Areas, Vernal Pools." Map depicting those portions of the Township Highlands Area designated as Critical Wildlife Habitat (pursuant to Subsection C(5)(a) above); those portions of the Township Highlands Area designated as Significant Natural Areas (pursuant to Subsection C(5)(b) above); and Vernal Pool locations (by center-point only, non-delineated), including representative Vernal Pool Buffers (1,000 feet from center point), located within the Township Highlands Area (pursuant to Subsection C(5)(c) above); map denoted Appendix G, Exhibit 6.[9]
[9]
Editor's Note: Said appendix is included as an attachment to this chapter.
(f)
"Carbonate Rock Area, Prime Groundwater Recharge Area, Wellhead Protection Areas." Map depicting those portions of the Township Highlands Area designated as Carbonate Rock Areas (pursuant to Subsection C(6) above); those portions of the Township Highlands Area designated as Prime Groundwater Recharge Areas (pursuant to Subsection C(8) above); and the location of public water system wells within the Township Highlands Area and the associated wellhead protection tiers surrounding them (pursuant to Subsection C(9) above); map denoted Appendix G, Exhibit 7.[10]
[10]
Editor's Note: Said appendix is included as an attachment to this chapter.
(g)
"Agricultural Resource Area." Map depicting those lands of the Township Highlands Area designated by the Highlands Council as Agricultural Resource Area (pursuant to Subsection C(11) above); map denoted Appendix G, Exhibit 8.[11]
[11]
Editor's Note: Said appendix is included as an attachment to this chapter.
(h)
"Highlands Historic, Cultural and Archaeological Resources,
Highlands Scenic Resources." Map depicting properties located within
the Township Highlands Area that are listed in the Highlands Scenic
Resources Inventory (pursuant to Subsection C(13) above); map denoted
Appendix G, Exhibit 9.[12]
[12]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Interpretation of District Maps boundary lines. All Highlands Area District Maps, as set forth at Subsection D above, have been developed by the Highlands Council using Geographic Information System (GIS) digital data. The provisions herein shall apply to the interpretation and use of Highlands Area District Maps and the boundary lines they specify.
(1)
Municipal boundary lines. The Highlands Act relies upon municipal
boundary lines to designate the limits of the Highlands Region. The
Highlands Council dataset establishing municipal boundary lines was
created by dissolving parcel level polygons (GIS) for each of the
88 municipalities within New Jersey Highlands. Parcels from the following
counties have a general accuracy of plus or minus five feet: Bergen,
Passaic, Somerset, Sussex, and Warren. Data from Hunterdon and Morris
were provided by the counties and may have a different accuracy level.
This dataset is for representative purposes only. Where the specific
delineation of any municipal boundary line comes into question, municipal
information such as metes and bounds surveys shall be relied upon
for any final determination.
(2)
Clinton Township Highlands Area. The Clinton Township Highlands Area, Highlands Zones and Sub-Zones map (Subsection D(1), above) provides the Highlands Preservation Area Boundary as described by the Highlands Act (N.J.S.A. 13:20-7a). To digitize the survey description, the Highlands Council used the Highlands Parcel Base, the NJDEP Hydrographic Layer for 2002, and the NJDOT Local Road Files from 2005 as references. In accordance with the Highlands Act, any natural geographical feature, including a river, stream or brook, used in the boundary description of the Preservation Area is considered to lie totally within the Preservation Area, while any road, railroad or railroad right-of-way is considered to lie totally outside of the Preservation Area. The use of property block and lot designations include or exclude property from the Preservation Area, as described. Where a survey gore exists between a property boundary depicted upon a municipal tax map and the limits of a surveyed property noted in the Preservation Area description, the surveyed property boundary description is considered to constitute the Preservation Area boundary.
(a)
Additionally, the Preservation Area does not include land located
within the boundaries of any regional center or town center designated
by the State Planning Commission pursuant to the State Planning Act,
P.L. 1985, c.398 (N.J.S.A. 52:18A-196 et al.) as of the date of enactment
of the Highlands Act, except to the extent necessary as set forth
in the boundary description of the Preservation Area to reflect appropriate
and nearest practicable, on-the-ground, and easily identified reference
points.
(3)
Highlands Zones, Sub-Zones, Resource Areas, Special Protection
Areas. The boundaries delineated for all Highlands Zones, Sub-Zones,
Resource Areas, and Special Protection Areas were developed by the
Highlands Council based on the factors noted in the description of
each, above. Further discussion is provided in the Clinton Township
Environmental Resource Inventory and in the Highlands Element of the
Clinton Township Master Plan.
(4)
Mapping conflicts. In the event of a conflict concerning the
location of any Highlands District boundary line, the delineations
provided by the Highlands Council as adopted herein shall be determinative.
Modifications may be requested of the Highlands Council through submittal
of an RMP update, map adjustment, or Highlands Center Designation
in such manner as required by the Highlands Council, or as specifically
provided otherwise in this article. In the event of any conflict concerning
the Preservation Area boundary line, the metes and bounds description
provided by the Highlands Act shall govern, with any discrepancy or
dispute residing under the shared jurisdiction of the Highlands Council
and the NJDEP. In the event of a conflict concerning the delineation
of any parcel plotted by the Highlands Council using GIS software,
a current property survey shall be determinative.
A.
Applicability. The provisions of this Article modify the regulations
applicable to the underlying Clinton Township Zoning Districts, with
specific regard to permitted uses, conditionally permitted uses, prohibited
uses, and densities and intensities of development.
B.
Use regulations. All principal and accessory uses permitted or conditionally
permitted by the underlying Clinton Township Land Use Regulations
Ordinance shall remain in effect as provided therein, except to the
extent that such uses may be modified or eliminated by the provisions
of this section. Any and all principal and accessory uses prohibited
by the underlying Clinton Township Land Use Regulations Ordinance
shall remain prohibited as provided therein, unless specifically designated
as a permitted use by the provisions of this section. The lists of
permitted, conditionally permitted and prohibited uses of the underlying
Clinton Township Land Use Regulations Ordinance are herewith amended
as necessary to provide for the use allowances and use restrictions
that follow.
(1)
Permitted uses. The permitted uses applicable to that portion of any municipal Zoning District overlain by the Highlands District classifications listed below shall be modified in accordance with the provisions that follow. In addition, any use permitted by the underlying zoning that is cited at Subsection B(2) or (3) below, shall be amended in accordance with the provisions set forth therein.
(a)
All Highlands Zones and Sub-Zones. Where the development of any new or expanded principal or accessory use that is permitted by the underlying Clinton Township Land Use Regulations Ordinance is made physically infeasible due to the maximum density of development requirements at Subsection C, below, such use shall no longer apply as a permitted use. Where the septic system density allowance calculated pursuant to Subsection C would permit a maximum of one dwelling unit for a given parcel, for example, but the underlying Clinton Township Land Use Regulations Ordinance would permit construction of a multifamily project (such as townhomes or garden apartments) which by definition would contain more than one dwelling unit, the permitted use would be made physically infeasible and must no longer be considered a permitted use. This provision shall apply only to the extent that the Highlands Zone or Sub-Zone from which the density requirement derives, intersects with the affected underlying municipal Zoning District. Where the development type remains feasible, its status as a permitted use shall remain, provided that the applicable density allowances shall be those of Subsection C.
(b)
Agricultural resource area.
[1]
With the exception of any forested portion of the Agricultural Resource Area that is also designated as a Forest Resource Area, permitted principal uses shall be supplemented to include the agricultural and horticultural uses (defined at § 165-117.6B) specified at § 165-117.9J(3), below. Accessory uses permitted in conjunction with these uses shall include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses.
[2]
The permitted principal residential use for any underlying Clinton Township Zoning District which permits single-family residential development as a principal use shall be restricted solely to residential cluster development in accordance with the Residential Cluster Development standards as set forth at § 165-117.11A, below. This provision shall apply only if the minimum threshold requirements for residential cluster development pursuant to § 165-117.11A(6) can be satisfied. Where the minimum threshold requirements of § 165-117.11A(6) cannot be satisfied, permitted principal residential uses shall remain as permitted by the underlying municipal zoning ordinance.
[3]
Permitted principal uses shall include the continuance
of any lawfully existing residential use permitted by the underlying
Clinton Township Land Use Regulations Ordinance as of the effective
date of this article.
(2)
Conditional uses. The conditional uses applicable to that portion of any Clinton Township Zoning District overlain by the Highlands District classifications listed below shall be modified in accordance with the provisions that follow. In addition, any use conditionally permitted by the underlying zoning that is cited at Subsection B(1) above or Subsection B(3) below, shall be amended in accordance with the provisions set forth therein.
(a)
All Highlands Zones and Sub-Zones. Where the development of any principal or accessory use that is conditionally permitted by the underlying Clinton Township Land Use Regulations Ordinance is made infeasible by the density of development requirements of Subsection C, below, such use shall no longer be considered a conditionally permitted use. (See example at Subsection B(1)(a), above.) This provision shall apply only to the extent that a Highlands Zone or Sub-Zone from which the density requirement derives intersects with the affected underlying Clinton Township Zoning District. Where the development type remains feasible, its status as a conditionally permitted use shall remain, provided that the applicable density and intensity allowances shall consist of those at Subsection C.
(3)
Prohibited uses. The prohibited uses applicable to that portion
of any Clinton Township Zoning District overlain by the Highlands
District classifications listed below shall be modified as necessary
to comport with the provisions that follow. These provisions shall
not apply to Appendix B Major PCS #17 pertaining to livestock, to
Appendix C Minor PCS #12 pertaining to agricultural chemical storage,
or to Appendix C Minor PCS#14 pertaining to livestock.[1]
(a)
Carbonate rock area. The following principal or accessory uses
and structures related or devoted to such uses, where otherwise permitted
by the underlying Clinton Township Land Use Ordinance, are expressly
prohibited from any portion of the Carbonate Rock Area or from any
lands identified as draining into a designated Carbonate Rock Area:
(b)
Prime Groundwater Recharge Area. Any principal or accessory
use, or structure related or devoted to such use, which is designated
as a major potential contaminant source (PCS) by the Highlands Council
(see Appendix B[2]), where otherwise permitted by the municipal ordinance,
is expressly prohibited from any portion of the Prime Groundwater
Recharge Area, including, but not limited to, the following:
[1]
Landfills;
[2]
Facilities for the permanent storage or disposal
of hazardous wastes, industrial or municipal sludge or radioactive
materials, including solid waste landfills;
[3]
Collection and transfer facilities for hazardous
wastes, solid wastes that contain hazardous materials, and radioactive
materials; and
[4]
Industrial treatment lagoons.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c)
Wellhead Protection Area, Tier 1. Any principal or accessory
use, or structure related or devoted to such use, which is designated
by the Highlands Council as a major or minor potential contaminant
source (PCS) or as a potential source of pathogenic contaminants (see
Appendix B and Appendix C[3]), where otherwise permitted by the municipal ordinance,
is expressly prohibited from any portion of a Tier 1 Wellhead Protection
Area lying within 200 feet of the wellhead.
[3]
Editor's Note: Said appendixes are included as attachments to this chapter.
(d)
Wellhead Protection Area, Tier 2. Any principal or accessory
use, or structure related or devoted to such use, which is designated
as a Major Potential Contaminant Source (PCS) by the Highlands Council
(see Appendix B[4]), where otherwise permitted by the municipal ordinance,
shall be expressly prohibited from any portion of a Tier 2 Wellhead
Protection Area lying within 200 feet of the wellhead.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
Density and intensity of development. The provisions of this section
are intended to ensure that development in the Highlands Area occurs
at densities and intensities that are appropriate to the water supply
and wastewater treatment options available to support it. These provisions
shall serve as a check on the various density/intensity provisions
of the underlying Clinton Township Land Use Regulations Ordinance,
which shall remain in effect to the extent not specifically in conflict
with these provisions. The density/intensity allowances of the underlying
Clinton Township Land Use Regulations Ordinance provisions reflect
the intents and purposes set forth for the municipal zoning districts
as established by the Clinton Township Master Plan and the effectuating
Land Use Ordinances. They define and support the intended character
and patterns of development for each district, setting forth the relationship
between built form in a district and the lot or lots on which it is
situated. The provisions of this section relate solely to ensuring
that such development: a) does not exceed the capacity of the land,
resources and infrastructure available to support it; and b) is designed
to minimize land disturbance and protect natural resources. The yield,
density, and intensity of any proposed use shall not exceed the yield,
density, or intensity of use otherwise permitted under the Land Use
Regulations Ordinance of Clinton Township.
(1)
Use of terms. For purposes of these provisions, density of development
standards refer to requirements of the underlying Clinton Township
Land Use Regulations Ordinance that regulate the permitted number
of dwelling units per acre of land, whether specifically defined as
density standards or set forth as minimum lot size requirements for
application to specific zoning districts. Intensity of development
standards refer to those requirements used to define the relationship
between the permitted extent, form and location of development of
a lot, to the size, shape and configuration of the lot on which it
is situated (e.g., floor area ratio, building coverage, building height,
yard setbacks, number of stories).
(2)
Applicability. Changes to the density or intensity standards of the underlying Clinton Township Land Use Regulations Ordinance required pursuant to this section shall not apply to development in the Highlands Area that is lawfully existing or approved as of the effective date of adoption of this article (pursuant to § 165-117.5H and G above, respectively). These provisions shall apply, however, if modifications or improvements to such existing development constitute a major Highlands development in the Preservation Area involving installation of a new septic system. For other than major Highlands development, these provisions shall apply if such modifications or improvements result in, for residential development (or any residential portion thereof), an increase in the number of residential units, or, for nonresidential development (or any nonresidential portion thereof), an increase in water demand by an average of 400 gallons per day or more, or for septic system yield by an average of 300 gallons per day or more. These provisions are expressly intended to apply to any change in use of an existing structure or structures, and require a determination as to any net increase. Where such a change converts a residential use to nonresidential use, or vice versa, equivalent dwelling unit figures shall be applied to determine whether the change in use will result in a net increase in either water availability or septic system demand. For septic system demand, the equivalent dwelling unit wastewater flow shall be an average 300 gallons per day, while for water availability, the equivalent dwelling unit flow shall be an average 400 gallons per day. The yield, density, and intensity of any proposed use shall not exceed the yield, density, or intensity of use otherwise permitted under the Land Use Regulations Ordinance of Clinton Township.
(3)
Base mapping. Base maps regarding water availability and wastewater
treatment capacity appear in the technical information provided in
the Conservation and Utility Services Plans of the Highlands Element
of the Clinton Township Master Plan. These maps are combined into
one for purposes of this article, denoted in Appendix G,[5] Exhibit 10 and herewith adopted and incorporated, as titled:
"Net Water Availability by HUC14 Subwatershed, Highlands Domestic
Sewerage Facilities, Public Community Water Systems."
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4)
Development subject to water availability. Any proposed increase in the demand for water supply averaging 6,000 gallons per day or more, deriving from groundwater sources or from surface water sources that are not associated with a NJDEP-approved safe yield, shall be accompanied by a finding of sufficient water capacity, which finding shall be issued by the Highlands Council. This provision shall apply to all development as defined at § 165-117.6B, expressly including any change in use and modifications to existing uses. Specific requirements pertinent to new development reliant upon groundwater supplies may be found at § 165-117.9G. For purposes of determining net increases in water demand associated with modifications to existing uses pursuant to these requirements, the following unit/square footage figures shall apply as 400-gallon-per-day equivalents:
(5)
Development served by septic systems.
(a)
Major Highlands Development in the Preservation Area. Development
proposals involving new or increased demand for septic system capacity
for major Highlands development in the Preservation Area shall be
regulated in accordance with this section. These provisions shall
override any density, intensity, bulk, or other standard of the underlying
Clinton Township Land Use Ordinance that would permit a septic system
density in excess of that as provided herein. Nothing herein shall
be deemed to apply to the replacement or repair of an existing septic
system.
[1]
NJDEP Preservation Area rules apply. Any new individual subsurface disposal system (or aggregate of equivalent disposal units as provided at N.J.A.C. 7:38) proposed to serve a major Highlands development shall be authorized only by the NJDEP in accordance with NJDEP Preservation Area Rules (N.J.A.C. 7:38) and all other applicable requirements. In the case of any such system proposed in service to a cluster development, the provisions at Subsection C(5)(a)[11][d], below shall also apply. The applicable septic system density requirements appear at Subsection C(5)(a)[3], below.
[2]
Cluster development. In addition to the gross septic system density requirements of Subsection C(5)(a)[3] below, any cluster development reliant upon individual wells (see Residential Cluster Development at § 165-117.11A) shall be subject to a net septic system density limitation, calculated on the basis of the developed portion of a site, as provided at Subsection C(5)(b), below. The septic system density shall not exceed that necessary to ensure that nitrate dilution for the developed portion of the site is maintained at 10 mg/L, or less. For purposes of this calculation, model inputs (see Subsection C(5)(b), below) shall include the requirements of Subsection C(5)(b), below, while the nitrate target shall be 10 mg/L.
[3]
Septic system density requirements. A new individual
subsurface disposal system or aggregate of equivalent disposal units
where the sanitary wastewater design flow is 2,000 gallons per day
or less shall be permitted only in accordance with the density limitations,
at Subsection C(5)(c)[a] through [d], below. Forest under this subsection
shall be identified and calculated as provided at Appendix A (from
N.J.A.C. 7:38-3).[6] For the purposes of this subsection, "equivalent disposal
unit" means for residential development, one system serving one single-family
home sized in accordance with the Standards for Individual Subsurface
Sewage Disposal Systems, Volume of Sanitary Sewage, at N.J.A.C. 7:9A-7.4;
or for nonresidential development or residential development comprising
structures other than single-family homes, 500 gallons of wastewater
per day generated for the development type, as determined in accordance
with N.J.A.C. 7:9A-7.4 (provided at Appendix F).[7]
[a]
On a lot that contains all forest, there shall
be no more than one individual subsurface disposal system or equivalent
disposal unit for each 88 acres of the lot;
[b]
On a lot that does not contain forest, there shall
be no more than one individual subsurface disposal system or equivalent
disposal unit for each 25 acres of the lot;
[c]
For the purposes of this subsection, the acreage
of a lot shall be the total area of the lot(s) on which the proposed
development is located as described by deed(s) or subdivision plat(s)
on file with the municipal or county clerk.
[d]
For a lot containing both forest and nonforest
areas, the total number of allowable individual subsurface disposal
systems or equivalent disposal units permitted on the lot shall be
determined by calculating the number of acres of the lot that are
forest (as determined in accordance with Appendix A,[8] from N.J.A.C. 7:38-3.9) and dividing that number by 88;
calculating the remaining number of acres of the lot that are not
forest and dividing that number by 25; and then summing the results.
If the sum results in a fraction, the number shall be rounded down
to the nearest whole number in order to determine the number of permitted
individual subsurface disposal systems or equivalent disposal units.
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
[e]
For purposes of this section, noncontiguous lots
in existence as of August 10, 2004, may be aggregated such that the
number of individual subsurface disposal systems or equivalent disposal
units that would be permitted under this section on one or more of
the aggregated lots is transferred to one or more of the aggregated
lots provided:
[i]
The proposed development on the lot or lots to
receive the transferred individual subsurface disposal systems or
equivalent disposal units complies with all federal, state and local
laws;
[ii]
The proposed development on the lot or lots to
receive the transferred individual subsurface disposal systems or
equivalent disposal units does not require a waiver of any requirement
of N.J.A.C. 7:38 and is constructed in accordance with the Highlands
Act and N.J.A.C. 7:38, inclusive of 3% maximum impervious surface
limitations;
[iii]
The lots to be aggregated under this paragraph
are all located in the Preservation Area and within the same HUC 14;
and
[iv]
The lot or lots from which the individual subsurface
disposal systems or equivalent disposal units are to be transferred
are subject to a conservation restriction against future disturbance
provided in accordance with N.J.A.C. 7:38-6.3.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Additional septic system requirements. In addition
to the requirements above, individual subsurface sewage disposal systems
or equivalent disposal units shall satisfy the Standards for Individual
Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A) without extraordinary
measures, including replacement of disposal field soil with permeable
material or mounding of a disposal field to achieve the required depth
to groundwater or confining layer.
(b)
Planning Area Development and Non-Major Highlands Development
in the Preservation Area. Development proposals involving new or increased
demand for septic system capacity in the Planning Area, and for non-Major
Development in the Preservation Area, shall be regulated in accordance
with this subsection. These provisions shall override any density,
intensity, bulk, or other standard of the underlying Clinton Township
Ordinance that would otherwise permit a septic system density or use
of septic system yield in excess of that as provided herein. These
provisions shall apply equally in the case of any agricultural or
horticultural development application proposing a new septic system
to serve a residential dwelling unit (or accessory dwelling unit).
Nothing herein shall be deemed to apply to the replacement or repair
of an existing septic system, however. In no circumstance shall the
yield, density, and intensity of any proposed use exceed the yield,
density, or intensity of use otherwise permitted under the Land Use
Ordinance of Clinton Township.
[1]
Septic system density requirements. Septic system
density (gross acres per septic system) shall not exceed that necessary
to ensure compliance with the nitrate dilution allowances established
below, for each Highlands Zone and Sub-Zone. Development proposals
shall be evaluated on a project specific basis for compliance with
these requirements, using the methodology provided herein.
[3]
Nitrate dilution model. To determine the minimum
land area required per septic system (or per-unit increase in required
septic system capacity), a drought recharge-based nitrate dilution
model shall be applied. This model is available through the Highlands
Council website (see link within Municipal Instructions for Plan Conformance,
Module 6 at: http://www.highlands.state.nj.us/njhighlands/planconformance/).
It derives from two independent methods: a mass-dilution (modified
Trela-Douglas) model and the New Jersey Geological Survey's (NJGS)
groundwater-recharge method. The model provides the minimum number
of acres required per septic system (applied as an average density)
to ensure that recharge is sufficient to achieve nitrate dilution
targets.
[4]
Input factors. The following factors, representative
of a one-family household, or average wastewater generation of 300
gallons per day, shall be used as inputs to the nitrate dilution model:
[5]
Model output. The model output indicates the minimum
acreage required per septic system, where that system is designed
for a one-family household generating a maximum flow of 300 gallons
of wastewater per day. The resulting acreage shall be applied as the
minimum average acreage necessary to support every 300 gallons of
daily wastewater flow generated by any proposed use where the unit/square
footage figures below shall be applied as 300 gallon-per-day equivalents.
[6]
Equivalent yields. The following unit/square footage
figures shall be applied as 300 gallon-per-day equivalents:
[a]
Residential uses (all types, except as provided
below): one dwelling unit.
[b]
Deed-restricted senior citizen residential units,
or mobile home parks with dwelling units less than 500 square feet
in size: 1.5 dwelling units.
[c]
Office and commercial uses: 2,400 square feet of
floor area.
[d]
Industrial (including warehousing/distribution)
uses: 18,182 square feet of floor area (excluding process wastewater
flow).
[e]
Specific nonresidential uses by facility type:
In lieu of the items in Subsection C(5)(b)[6][c] or [d], above, 300
gallon-per-day equivalents may be computed based on the average sewage
volumes provided in Appendix F, from N.J.A.C. 7:9A-7.4.
[7]
Septic system yield. The maximum septic system
yield shall be determined by dividing the total area of the subject
property by the minimum average acreage required per septic system
(or per unit/floor area equivalent), as determined by the nitrate
dilution model. Where the development application proposes unit or
floor area equivalents (or any combination thereof) in a quantity
equal to or less than the calculated septic system yield, it shall
be deemed compliant with this section. If a project site is located
within more than one HUC14 subwatershed, the nitrate dilution model
shall be run for each portion of the site using the drought groundwater
recharge applicable to each HUC14, respectively, with separate septic
system yields computed accordingly.
[8]
Floor area. For the purposes of this subsection,
floor area shall comprise the area of each floor of a building lying
within the inside perimeter of its exterior walls excluding vent shafts,
courts, and unfinished areas such as basements or attics having ceiling
heights less than that required for habitable space under the building
code.
[9]
Lot area. For the purposes of this subsection,
the acreage of a lot shall be the total area of the lot(s) on which
the development is proposed to be located as described by deed(s)
or subdivision plat(s) on file with the municipal or county clerk.
[10]
Application of results.
[a]
Detached one- or two-family residential development. Where the underlying density (or minimum lot size) allowances of the municipal Zoning Ordinance would otherwise permit a greater number of units, the septic system density and septic system yield resulting from the preceding analysis may be applied as the minimum lot size and the maximum permitted dwelling unit yield or subject to the provisions of Subsection C(5)(b)[10][d], below, as the minimum average lot size with the septic system yield as the maximum unit yield. Alternatively, the underlying Zoning Ordinance allowances may be applied over a portion of the project area, subject to the limitations of Subsection C(5)(b)[10][d], below, to the point at which the calculated septic system yield (by HUC14) is reached, with the remainder of the lot area left undeveloped. If the minimum threshold requirements for Residential Cluster Development can be met [see § 165-117.11A(6)], the applicant may choose to cluster the development project in accordance with the requirements as provided therein. If the minimum threshold requirements for Residential Cluster Development can be met [see § 165-117.11A(6)] and the project is located within the Agricultural Resource Area, cluster development is mandatory as provided at § 165-117.11A, and the preceding options shall not apply.
[b]
Multifamily residential development. Where the
underlying density allowances of the municipal Zoning Ordinance would
otherwise permit a greater number of units, the septic system yield
resulting from the preceding analysis shall be applied as the maximum
permitted dwelling unit yield.
[c]
Nonresidential and mixed residential/nonresidential
development. Where the underlying density allowances of the municipal
Zoning Ordinance would otherwise permit greater nonresidential floor
area, or a greater number of residential units, or both, the septic
system yield resulting from the preceding analysis shall be applied
using the 300 gallon-per-day equivalents, as provided above, to determine
the maximum permitted yield or combined yield.
[d]
Residential cluster development. Where residential
clustering or lot averaging dependent upon individual on-site wells
for water supply is proposed, the septic system density applicable
to the developed portion of a site, or net septic system density,
shall in no case result in a nitrate dilution in excess of 10 mg/L.
This determination shall be made by application of the drought recharge-based
nitrate dilution model as described above, using 10 mg/L as the nitrate
dilution target. For purposes of this calculation, septic system yield
shall be calculated on the basis of the developed portion of the site
only, which shall consist of a contiguous land area including the
following:
[i]
All land area proposed to be occupied by buildings,
structures and associated improvements, all land area to be disturbed
in connection with the construction or installation of such buildings,
structures and improvements, and all of the land area intervening;
and
[ii]
All land area dedicated to any street or roadway
providing public (or common) access to the development, to the limits
of the right-of-way, easement, or other area(s) designated to contain
such common access; and
[iii]
All land dedicated to a community on-site stormwater
detention facility, or other like facility providing public (or common)
services to the development, each to the limits of the easement, lot
line(s), or other area(s) designated to contain such common facility.
[11]
Aggregation of septic system yield. Nothing herein
shall be construed to prohibit the aggregation of available septic
system yield from contiguous or noncontiguous parcels within the same
HUC14 subwatershed in support of a new development project on one
or more such parcels, provided that:
[a]
The contribution of septic system yield shall occur
only where excess yield is available;
[b]
The contribution of septic system yield from any
already-developed parcel shall be permitted only where sufficient
to equal one dwelling unit or more, or for nonresidential development,
one 300-gallon-per-day floor area equivalent or more;
[c]
All lands contributing to such yield shall be dedicated
to the support of the septic system(s) proposed for the new development,
and no such land shall be counted in the calculation of septic system
yield applicable to any other;
[d]
All such lands shall be deed-restricted to prohibit
any future development requiring the availability of septic system
yield, until or unless such yield is either returned from the new
development it was initially deed-restricted to support, or is obtained
(by dedication through deed restriction) from elsewhere within the
same HUC14 subwatershed.
[12]
HUC14 subwatershed yield. The septic system yield
applicable to a HUC14 subwatershed shall in no case be exceeded; an
increase in any one portion of a HUC14 subwatershed must be offset
by an equivalent decrease elsewhere within the same subwatershed.
[13]
Additional septic system requirements. In addition to the requirements above, individual subsurface sewage disposal systems or equivalent disposal units shall satisfy all standards for design, installation, and maintenance as set forth in Chapter 220, Sewers and Sewage Disposal, and any related and applicable regulatory requirements of other agencies having jurisdiction.
(6)
Development served by existing or extended utility infrastructure. Where lots proposed for development in the Highlands Area are served by existing public water and wastewater utility infrastructure having sufficient available capacity, the density and intensity of new development shall be consistent with all requirements of the underlying Clinton Township Land Use Ordinance. For purposes of this provision, "existing" water and wastewater utility infrastructure refers to that, either: a) lawfully constructed and operational, or b) approved for construction in an Existing Community Zone (excluding the Constrained Sub-Zone, including the Lake Community Sub-Zone) in the Planning Area, under an Areawide Water Quality Management Plan. In the case of Residential Cluster Development, however, all requirements shall be as provided at § 165-117.11A, with the maximum unit yield not to exceed that as determined by calculation of the septic system yield pursuant to Subsection C(5), above. An increase in units in excess of the calculated septic system yield shall be permitted only to the extent of any aggregated septic system yield, as provided in accordance with Subsection C(5)(a)[3] and (b)[12]. In no circumstance shall the yield, density, and intensity of any proposed use exceed the yield, density, or intensity of use otherwise permitted under the Land Use Ordinance of Clinton Township.
(7)
New or extended utility infrastructure.
(a)
Preservation Area. New, expanded or extended public water systems,
wastewater collection and treatment systems, and community on-site
treatment facilities are prohibited unless approved through issuance
of either a Highlands Applicability Determination indicating that
a project is exempt from the Highlands Act, or a Highlands Preservation
Area Approval with waiver pursuant to N.J.A.C. 7:38 with approval
from Clinton Township.
(b)
Planning Area - Protection Zone, Conservation Zone, and Environmentally
Constrained Sub-Zones. New, expanded or extended public water systems,
wastewater collection and treatment systems, and community on-site
treatment facilities are permitted only where approved by the Highlands
Council and Clinton Township.
(c)
Planning Area - Existing Community Zone (excluding Environmentally Constrained Sub-Zone) and Lake Community Sub-Zone. Expansion or creation of public water systems, wastewater collection and treatment systems, and community on-site treatment facilities are permitted subject to the approval of Clinton Township: to serve lands which are appropriate for designated TDR Receiving Zones, infill development, or redevelopment; to address public health and safety; or to serve new areas for development; all of which address all other requirements of this article. (See applicable provisions at § 165-117.10G through H, below.)
(8)
Development served by new or extended utilities. Where new development
proposed in the Highlands Area will not rely upon installation of
septic systems, but will be served by new or extended public water
systems, wastewater collection and treatment systems, or community
on-site treatment facilities, such development shall be in compliance
with any conditions of approval required by the Highlands Council,
Clinton Township, or the NJDEP, as applicable, in connection with
amendment of the Areawide Water Quality Management Plan.
A.
Forest resources.
(1)
Findings. Forests are a defining visual and functional feature
of the Highlands Area. Forests provide habitat and sustenance for
a diverse array of plants and animals and are essential to maintaining
biodiversity. Forests protect against soil erosion, provide filtration
for groundwater recharge, and assist in protecting stream water quality.
Forests retain moisture and sequester atmospheric carbon, thus helping
to stabilize weather patterns and mitigate global warming. Forested
areas of the Highlands Area offer important recreational resources,
contribute to its unique scenic quality, and when managed sustainably,
can provide a long-term source of wood and wood products.
(2)
Total Forest Area. All portions of the Highlands Area identified by the Highlands Council as containing forest (as defined at § 165-117.6B) appear as Total Forest Area in the map titled "Forest Resource Area, Total Forest Area, Forest Subwatershed Integrity Areas" (Exhibit 2), adopted and incorporated as a component of this article pursuant to § 165-117.7D above. The Total Forest Area includes forested portions of lands designated as Forest Resource Area, as provided at § 165-117.7C(1), above.
(3)
Forest Subwatershed Integrity Areas. The Highlands Council has evaluated and assigned forest integrity valuations to each of the HUC14 subwatersheds of the Clinton Township Highlands Area. These valuations appear as Forest Subwatershed Integrity Areas in the map titled "Forest Resource Area, Total Forest Area, Forest Subwatershed Integrity Areas" (Exhibit 2), adopted and incorporated as a component of this article pursuant to § 165-117.7D, above, inclusive of the applicable forest subwatershed integrity classes:
(a)
High-Integrity Forest Subwatersheds. High-Integrity Forest Subwatersheds
are predominantly forested and characterized by a high proportion
of forest cover consisting of high value core area, large patch sizes
and short distances between patches.
(b)
Moderate-Integrity Forest Subwatersheds. Moderate-Integrity
Forest Subwatersheds are predominantly forested, but do not exhibit
a high proportion of high value core area, large patch sizes, or proximity
between patches.
(c)
Low-Integrity Forest Subwatersheds. Low-Integrity Forest Subwatersheds
are predominantly nonforested or include low values for proportion
of forest cover and patch size or exhibit high distance to nearest
patch.
(4)
Clear-cutting prohibited. Clear-cutting is prohibited in any
forested portion of the Highlands Area, whether the affected lands
are delineated as Total Forest Area or Forest Resource Area, or consist
of lands containing upland forest, as determined under the procedures
provided at Appendix A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(5)
Preservation Area standards.
(a)
Prohibitions. Any forest disturbance that by definition constitutes deforestation (see § 165-117.6B), is prohibited within any portion of the Forest Resource Area, with the exception of that authorized under an HPAA issued by the NJDEP.
(b)
Allowances. Forest disturbance in the Forest Resource Area that
does not, by definition, constitute deforestation, shall be permitted
in the Preservation Area only where authorized under an HPAA-issued
by the NJDEP, or where demonstrated to be the minimum required in
connection with:
[1]
The maintenance of any legally prexisting use or
structure, expressly excluding the expansion of such use or structure;
or
[2]
Either a permitted non-major Highlands development
or the expansion of any legally preexisting use or structure, where
accompanied by submission, approval and implementation of a Forest
Mitigation Plan designed to minimize the extent of forest disturbance,
protect forest areas adjacent or proximate to the disturbance area,
and mitigate for loss of trees or other forest vegetation removed
during the course of such disturbance.
(6)
Planning Area standards. Disturbance (as defined at § 165-117.6B) of any forested portion of the Planning Area shall be permitted only upon a finding by the approving authority or other applicable municipal authority that the following requirements have been satisfactorily addressed:
(a)
Demonstration that the proposed disturbance can neither be avoided
nor reduced in extent, while adequately providing for a proposed use
that otherwise addresses the requirements of this article;
(b)
Demonstration that the proposed disturbance will not diminish
the forest integrity class [as indicated in the map of Forest Subwatersheds
(Exhibit 2[2])] of any forested areas adjacent or proximate to the location
of the proposed activity;
[2]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(c)
Incorporation of low-impact development techniques (see § 165-117.10B) appropriate to the activity or development project proposed;
(d)
For any proposed disturbance of 1/2 acre or more, other than
that associated with the maintenance of a legally preexisting use
or structure (expressly excluding the expansion of any such use or
structure), submission, approval and implementation of a Forest Mitigation
Plan designed to minimize the extent of such disturbance, protect
forest areas adjacent or proximate to the disturbance area, and mitigate
for loss of trees or other forest vegetation removed during the course
of such disturbance; and
(e)
Notwithstanding the preceding provisions, in the case of any
proposed disturbance that by definition constitutes deforestation,
submission, approval and implementation of a Forest Mitigation Plan
designed to minimize the extent of deforestation, protect forest areas
to remain, and restore or mitigate for forest area loss.
(7)
Forest impact reports required. With the exception of forest disturbance authorized pursuant to an HPAA issued by the NJDEP, any disturbance pursuant to Subsection A(5) or (6), above, shall be approved only upon demonstration that the criteria required therein have been satisfied. In support of such proofs, a forest impact report shall be submitted containing at minimum, the items listed herein.
(a)
All forest impact reports.
[1]
A map of upland forest area located on or within
500 feet of the subject property, as determined in accordance with
Appendix A.[3] A map indicating any on-site areas designated as Forest
Resource Area or Total Forest (Exhibit 2). Where access is not available
to adjacent properties, the municipal Environmental Resource Inventory
and any updated Highlands Council GIS data delineating the Forest
Resource Area and Total Forest may be relied upon for off-site forest
identification.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
A description of the nature, density and intensity
of the proposed use or activity.
[3]
A plan indicating the extent of the forest disturbance
area, identifying the number, location, species and, for trees of
greater than six inches in caliper (measured at 4.5 feet above grade
level), the caliper of any trees proposed for removal.
[4]
A description of the site alternatives analysis
undertaken to, in this order: a) avoid forest disturbance; b) minimize
forest disturbance; and c) ensure that any forest disturbance that
cannot be avoided results in the least impact.
[5]
A description of the low-impact development practices
to be used to minimize the disturbance area and its impact; design
details to be indicated in development plans, if applicable.
[6]
A description of the site and the type and integrity
class of the existing forest areas proposed to be disturbed or potentially
affected by disturbance of adjacent or proximate forest areas.
[7]
If the applicant proposes site-specific forest
information that differs from mapped forest resources in Exhibit 2,
including information based on the method in Appendix A, it must be
provided in a format and with sufficient information that the findings
may be submitted for verification by the Highlands Council as an RMP
Update.
[8]
An analysis of the effects (direct and indirect)
of the proposed use or activity upon forests, including forest areas
adjacent and proximate to the disturbance area.
(b)
Deforestation impact reports. In addition to the items required above for all forest impact reports, any application proposing disturbance that, by definition (see § 165-117.6B), constitutes deforestation, shall include:
[1]
A description of the area surrounding the subject
property within a 0.5 mile radius.
[2]
A map of all forest resources, as described in
the Environmental Resources Inventory, within a 0.5 mile radius of
the property, including any areas designated as Forest Resource Area
or Total Forest (Exhibit 2). Highlands Council Interactive Website
mappings may be utilized to address this requirement in the event
the affected land area extends into adjoining municipalities.
[3]
A field survey and description of the local ecological
community type(s) on the site and a description of the surrounding,
macro-scale ecological community type(s) of which the property is
part.
[4]
An inventory of forest community composition and
stand structure. The inventory shall include a description of vegetation
species richness, vegetation species composition, stand density and
basal area, connectivity with surround forested lands, and the survey
method.
[5]
An impact analysis documenting and describing any
increase in forest fragmentation, creation of forest edge, disruption
of forest area on steep slopes or riparian areas, or disruption of
core forest areas that will occur as a result of the proposed use
or activity.
(8)
Forest Mitigation Plans. All Forest Mitigation Plans must be
prepared by a State of New Jersey approved forester or other qualified
professional. A Forest Mitigation Plan must include each of the components
listed herein.
(a)
Mitigation Priority Area Map. Priority Areas are forested locations
within the site having the highest ecological value to be targeted
for conservation, restoration, or mitigation, including such areas
as:
(b)
Protection Plan. A plan providing the proposed methodology appropriate
to, and by which the applicable mitigation priority areas will be
protected throughout the period of forest disturbance and thereafter.
(c)
Forest Protection Plan. A plan incorporating pre-construction
and construction best management practices to ensure the well-being
of forest areas adjacent or proximate to the disturbance area. Such
plans shall include prescribed limits of disturbance to be mapped,
field marked, and provided with protective fencing prior to the start
of any construction activity. Plans shall indicate installation of
tree protection fencing along the drip line of trees to be protected,
with instructions barring encroachment by machinery or heavy equipment
of any kind, and requiring regular inspection and maintenance of fencing
throughout the construction period.
(d)
Mitigation description. A description of the proposed forest
restoration, tree planting plan or other mitigation initiative proposed
to provide equivalent or enhanced forest ecosystem benefit in consideration
of the extent and type of disturbance or deforestation that would
result if the use or activity is approved.
(e)
Planting Plan. A detailed plan indicating the specific plantings
proposed for restoration, reforestation or mitigation, including size,
species, quantity, location, separation distances, planting details,
deer and pest management protections, and maintenance plans.
(f)
Maintenance agreement. A minimum three-year maintenance agreement
that outlines care-taking responsibilities of the applicant once the
proposed planting has been completed. The maintenance agreement must
include monitoring of newly planted stands, provide for protection
devices in working order for three years, and ensure at least a 75%
survival rate after three years.
B.
Highlands Open Waters and Riparian Resources.
(1)
Findings.
(a)
Highlands Open Waters (Exhibit 3)[4] include all springs, streams (including intermittent streams),
wetlands and bodies of surface water, whether natural or artificial
(excluding swimming pools), located wholly or partially within the
boundaries of the Highlands Area. Highlands Open Waters contribute
to the water resources of the Highlands Region, and ultimately to
the water supply of millions of New Jersey citizens. They are essential
to the ecologic function of the plant and animal communities of the
Highlands Area that depend upon them for survival. Highlands Open
Waters are also an important physical feature of the Township, contributing
to its character, aesthetics, history and development, and to its
recreational opportunities.
[4]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(b)
Protection of Highlands Open Waters is vital not only to the
municipality, but to the Highlands Region and the state of New Jersey.
The provision or preservation/enhancement of buffer areas adjacent
to Highlands Open Waters is an integral component to ensuring such
protection. Key functional values that buffers provide or contribute
to, include but are not limited to: habitat for flora and fauna, stormwater
and floodwater retention and filtration, water quality protection,
temperature moderation, aquatic ecosystem integrity and channel integrity.
Highlands Riparian Areas (Exhibit 4)[5] are lands associated with and bordering on Highlands Open
Waters, often extending beyond Highlands Open Water buffers. These
lands are likewise essential to providing critical hydrologic, ecologic
and pollutant attenuation functions for Highlands Open Waters. Riparian
areas moderate fluctuations in water temperature, help maintain groundwater
recharge and stream base flow, stabilize stream banks, and provide
flood storage areas. During high flow or overland runoff events, riparian
areas reduce erosion and sediment loads to surface water and remove
excess nutrients and contaminants from floodwater. Riparian areas
also provide habitat for a variety of animal species and support terrestrial
and aquatic food webs through deposition of woody debris.
[5]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(c)
It is in the interest of the Township, the Highlands Region,
and the state of New Jersey that the Highlands Open Waters of the
Clinton Township Highlands Area, including associated buffers and
Riparian Areas, receive the highest level of protection possible.
The map of Highlands Riparian Areas (Exhibit 4)[6] includes all Highlands Open Waters and associated flood-prone
areas, riparian soils and wildlife corridors.
[6]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(2)
Watershed Resource Value Areas. The Highlands Council has evaluated
and assigned watershed resource valuations to each of the HUC14 subwatersheds
of the Clinton Township Highlands Area. These valuations appear as
Watershed Resource Value Areas in the map titled "Highlands Open Waters,
Watershed Resource Value Areas, Lake Management Areas" (Exhibit 3)[7] adopted and incorporated as a component of this article pursuant to § 165-117.7D above, inclusive of the three watershed resource value classes listed below.
(a)
High Resource Value Watersheds. High Resource Value Watersheds
contain predominantly forest lands, include a significant extent of
high quality habitat, and have limited preexisting developed land.
(b)
Moderate Resource Value Watersheds. Moderate Resource Value
Watersheds contain forest lands and some habitat suitable for rare,
threatened or endangered species, but typically also contain significant
areas of developed lands.
(c)
Low Resource Value Watersheds. Low Resource Value Watersheds
contain a low proportion of forest lands, low proportion of habitat
suitable for rare, threatened or endangered species, and higher proportion
of developed land area.
[7]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Riparian Subwatershed Integrity Areas. The Highlands Council
has also evaluated the HUC14 subwatersheds of the Highlands Area on
the basis of Riparian Area integrity, which are divided amongst three
classes, as listed below. These appear as Riparian Subwatershed Integrity
Areas in the map titled "Riparian Area, Riparian Subwatershed Integrity
Areas" (Exhibit 4)[8] adopted and incorporated as a component of this article pursuant to § 165-117.7D above.
(a)
High Integrity Riparian Area. The High Integrity Riparian Area
consists of subwatersheds having Riparian Areas that exhibit predominantly
natural vegetation, including high quality habitat for water/wetland
dependent species, and a generally low incidence of impervious area,
agricultural uses and road crossings.
(b)
Moderate Integrity Riparian Area. The Moderate Integrity Riparian
Area consists of subwatersheds having Riparian Areas that contain
a higher incidence of impervious area, agricultural uses and road
crossings, and a reduced proportion of natural vegetation providing
high quality habitat for water/wetland dependent species.
(c)
Low Integrity Riparian Area. The Low Integrity Riparian Area
consists of subwatersheds having Riparian Areas that contain a high
proportion of impervious area, agricultural uses and road crossings,
and minimal natural vegetation providing high quality habitat for
water/wetland dependent species.
[8]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(4)
Highlands Open Waters protection buffer. All Highlands Open
Waters shall include a minimum 300-foot wide protection buffer, as
measured from the edge of the discernible bank of the Highlands Open
Waters feature, or from the centerline where no discernible bank exists.
These buffers are included in the map of Highlands Open Waters at
Exhibit 3[9] with respect to streams, rivers, ponds, lakes and reservoirs.
With respect to wetlands and other Highlands Open Waters features
not mapped in Exhibit 3 (e.g., seeps, springs), each shall include
a 300-foot wide protection buffer measured from: for the Planning
Area, a delineated wetlands line described in a letter of interpretation
(LOI), or from a field-delineated boundary line for other features;
or for the Preservation Area, the delineated limits of the feature,
as indicated by a Highlands Resource Area Determination issued by
the NJDEP.
[9]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(5)
Highlands Open Waters buffer standards. Highlands Open Waters
buffers shall be maintained in their undisturbed or preexisting condition,
unless a disturbance is approved in accordance with the provisions
of this section.
(a)
Preexisting structures or improvements. Any lawfully preexisting
structure or improvement located within a Highlands Open Waters protection
buffer area as of the effective date of this article may remain and
be maintained or rehabilitated, provided that the existing area of
disturbance attributed to or associated with such structure or improvement
shall not be increased.
(b)
Agricultural and horticultural land uses. For purposes of this
section, existing agricultural and horticultural uses, whether or
not under active management or operation, shall not be included in
any assessment of "previously disturbed" buffer areas with regard
to proposals for nonagricultural development.
(c)
Approvals subject to outside agency approvals. Approval of any
application involving the disturbance of a Highlands Open Waters buffer
pursuant to this section shall not be construed to relieve the applicant
from the applicable rules, regulations or legal requirements of any
other agency having jurisdiction over such buffers, including but
not limited to: the NJDEP (e.g., Freshwater Wetland Rules, N.J.A.C.
7:7, Stormwater Management Rules, N.J.A.C. 7:8, Flood Hazard Area
Rules, N.J.A.C. 7:13, NJPDES Rules, N.J.A.C. 7:14A); a Soil Conservation
District pursuant to its authority under New Jersey Soil Erosion and
Sediment Control Act Rules, N.J.A.C. 2:90; or any county or other
regional entity having authority pursuant to a Regional Stormwater
Plan adopted by NJDEP under N.J.A.C. 7:8 and N.J.A.C. 7:15.
(e)
Stream corridor protection/restoration plan. Where the provisions of this section are in conflict with the provisions of § 165-76, Stream Corridor Protection, and as may otherwise be regulated in this chapter, the provisions of the adopted plan shall override.
(f)
Protection buffer expansion. The provisions of this section
shall not be construed to preclude the imposition of a wider protection
buffer requirement where site-specific analysis and evaluation by
a qualified professional indicates that such expansion is essential
to the protection of Highlands Open Waters, associated Riparian Areas,
or the habitat of water or wetlands-dependent species (particularly
in the case of rare, threatened or endangered species) located therein.
(g)
Preservation Area standards.
[1]
Major Highlands Development. Any disturbance of a Highlands Open Water buffer proposed in connection with a major Highlands development shall be authorized and regulated only by the NJDEP in accordance with NJDEP Preservation Area Rules (N.J.A.C. 7:38) and all other applicable requirements. The pertinent Preservation Area standards appear at Subsection B(5)(g)[3], below.
[2]
Non-Major Highlands Development. Any disturbance of a Highlands Open Water buffer proposed in connection with a development that does not constitute a major Highlands development shall meet the requirements provided at Subsection B(5)(g)[3], below (adapted from NJDEP Preservation Area Rules, N.J.A.C. 7:38), pursuant to the regulatory authority of this article and review by the appropriate municipal entity in accordance with the application procedures of § 165-117.12.
[3]
Disturbance prohibited except linear development.
Development is prohibited within all Highlands Open Waters and adjacent
300-foot buffers except for linear development, which shall be permitted
only provided that there is no feasible alternative for the linear
development outside the Highlands Open Waters or Highlands Open Water
buffer.
[a]
To address the "no feasible alternative for linear
development" standard, the applicant shall demonstrate that there
is no other location, design or configuration for the proposed linear
development that would reduce or eliminate the disturbance to a Highlands
Open Waters feature or the adjacent buffer. For proposed linear development
that would provide access to an otherwise developable lot the applicant
shall in addition, show that:
[b]
For a driveway, the applicant shall, in addition,
demonstrate that:
[i]
The applicant has made a good faith effort to transfer
development rights for the lot based on the allocation of Highlands
Development Credits certified by the Highlands Development Credit
Bank, and has not obtained a commitment from the Highlands Development
Credit Bank, a willing buyer, or a TDR receiving zone municipality
to purchase said Highlands Development Credits;
[ii]
The lot has been offered for sale at an amount
no greater than the specific fair market value to all property owners
within 200 feet of the lot, and to the land conservancies, environmental
organizations, the Highlands Council and all other government agencies
on a list provided by the NJDEP (for major Highlands development)
or the Highlands Council (for non-major Highlands development), at
an amount determined in compliance with N.J.S.A. 13:8C-26j or N.J.S.A.
13:8C-38j, as applicable;
[iii]
Said offering under Subsection B(5)(g)[3][b][i]
was made by letter sent by certified mail, return receipt requested,
with a copy to the Highlands Council (using the form provided by the
NJDEP for major Highlands development): a) disclosing the location
on the lot of all Highlands resource areas (as defined in N.J.A.C.
7:38-1.4 for major Highlands development, or as provided by an RMP
Consistency Determination Report developed using the Highlands Council
website for non-major Highlands development); b) stating that an application
to develop the lot has been filed; and c) enclosing a copy of a fair
market value appraisal performed by a state-licensed appraiser based
on the minimum beneficial economically viable use of the property
allowable under local law; and
[iv]
No reasonable offer for the lot has been received
within a minimum period of 90 days.
[c]
Documentation required toward satisfaction of the
provisions of Subsection B(5)(g)[3][b][ii] through [iv] preceding,
shall include:
[i]
A list of the names and addresses of all owners
of real property within 200 feet of the lot, as certified by the municipality,
including owners of easements as shown on the tax duplicate;
[ii]
A copy of each letter that the applicant sent
under this subsection;
[iii]
Receipts indicating that the letters were sent
by certified mail;
[iv]
A copy of all responses received. Each response
shall be submitted to the NJDEP within 15 days after the applicant's
receipt of the response (for major Highlands development) or, for
non-major Highlands development, to the reviewing municipal authority
at the time of the application seeking approval for the proposed disturbance;
[v]
A copy of the fair market value appraisal sent
to all property owners within 200 feet as required under Subsection
B(5)(g)[3][b][ii] above; and
[vi]
A copy of a written response or a resolution from
the Highlands Council demonstrating that it has considered and rejected
the offer.
[d]
An alternative shall not be excluded from consideration
under this subsection merely because it includes or requires an area
not owned by the applicant that could reasonably be obtained, utilized,
expanded or managed in order to fulfill the basic purpose of the proposed
linear development.
[e]
After consideration of the information required
in Subsection B(5)(g)[3][a] through [d] above, the NJDEP will not
issue an HPAA (for major Highlands development) and the reviewing
municipal authority shall not approve any application pursuant to
this subsection if either: the applicant has refused a fair market
value offer to purchase the property for which the driveway linear
development is sought, or the NJDEP (for major Highlands development)
or reviewing municipal authority (for non-major Highlands development),
as applicable, finds that there is a reasonable alternative to the
proposed linear development.
(h)
Planning Area standards.
[1]
Prohibitions. Disturbance of any portion of a Highlands Open Waters buffer is prohibited except as provided at Subsection B(5)(h)[2], below, or where associated with a buffer restoration or enhancement activity designed to improve the functional value of the buffer, in accordance with the parameters listed at § 165-117.9B(7), below.
[2]
Allowances. Disturbance of a Highlands Open Waters buffer shall be permitted only in connection with linear development regulated fully in accordance with the provisions as set forth at Subsection B(5)(g)[3] above for the Preservation Area, or within portions of such a buffer which have been previously disturbed, as demonstrated by submission of a property survey including at minimum, the items listed at Subsection B(5)(h)[2][a], below. For purposes of this subsection, a previously disturbed buffer area is one in which one or more buffer functional values, as listed at § 165-117.9B(7) below, have been and remain compromised by prior development activity (excluding agricultural or horticultural uses) as evidenced by the existence of buildings or other structures (including parking areas and driveways, whether paved or gravel), and including associated graded or compacted areas, areas stripped of natural vegetation, maintained lawn areas, areas of fill or excavation, and other similar features. Any new disturbance of such previously disturbed areas shall occur only in accordance with the provisions of this subsection.
[a]
All applications proposing a buffer disturbance
pursuant to this subsection shall be accompanied by a property survey
prepared by a licensed New Jersey Land Surveyor indicating: the metes
and bounds of the subject property; the location and dimensions of
existing buildings and other structures located thereon; the limits
and extent of graded, compacted, filled or excavated areas; the limits
and extent of areas stripped of natural vegetation, of maintained
lawn areas; and any other site improvements provided in support of
the prior development. The full extent of the proposed area of new
disturbance shall be clearly indicated on the site or parcel plan
submitted with the application, with the previously disturbed area(s)
illustrated on the same sheet using shaded or shadow outline features.
[b]
Authorization for any new disturbance within a
previously disturbed area shall be approved only upon a finding by
the reviewing board or other applicable municipal authority that the
proposal meets the following requirements:
[i]
The proposed new disturbance will occur fully within
the previously disturbed area(s), as evidenced by both the property
survey and the plan proposal submitted in support of the application;
[ii]
The proposal incorporates measures that will enhance
the functional value of the affected buffer area by means such as,
but not limited to, reducing impervious coverage, replacing maintained
grass lawns with naturalized areas, upgrading soil erosion and sedimentation
controls, and providing for planting of native trees, grasses, or
other vegetation appropriate to the riparian environment that support
the functions of the Highland Open Waters buffer;
[iii]
The proposal incorporates low-impact development techniques (see § 165-117.10B) appropriate to the nature of the activity and the riparian aspects of the buffer area in question; and
[iv]
The proposed plan will enhance one or more of the buffer functions listed at Subsection B(7), below; will result in no net loss of any one of the listed buffer functions; and will provide an overall improvement in the functional value of the affected buffer area, when compared with preexisting conditions.
[c]
The allowances of this subsection shall not be
construed to authorize improvements or development activity of any
kind within any portion of a Highlands Open Waters buffer if the previously
disturbed area, or any portion thereof, is found to be the result
of unlawful activity.
(6)
Riparian Area standards. The provisions of this subsection shall
apply only to those portions of the Riparian Area that extend beyond
the limits of designated Highlands Open Waters and associated 300-foot
Highlands Open Waters buffers. These provisions shall apply in all
portions of the Highlands Area.
(a)
Protection Zone and Wildlife Management Sub-Zone.
[1]
Prohibitions. Disturbance of any portion of a Highlands Riparian Area is prohibited except as provided at Subsection B(6)(a)[2], below, or where associated with an approved Riparian Area restoration or enhancement activity designed to improve the functional value of the Riparian Area, in accordance with the parameters listed at Subsection B(7), below.
[2]
Allowances. Disturbance of a Highlands Riparian Area shall be permitted only within portions of such Areas which have been previously disturbed, as demonstrated by submission of a property survey in accordance with Subsection B(6)(a)[2], below. For purposes of this subsection, a previously disturbed Riparian Area is one in which one or more functional values, as listed at Subsection B(7) below, have been and remain compromised by prior development activity (excluding agricultural or horticultural uses) as evidenced by the existence of buildings or other structures (including parking areas and driveways, whether paved or gravel), and including associated graded or compacted areas, areas stripped of natural vegetation, maintained lawn areas, areas of fill or excavation, and other similar features. Any new disturbance of such previously disturbed areas shall occur only in accordance with the provisions of this subsection.
[a]
All applications proposing a Riparian Area disturbance
pursuant to this subsection shall be accompanied by a property survey
prepared by a licensed New Jersey Land Surveyor, including each of
the items listed at Subsection B(5)(h)[2][a], above, for Highlands
Open Waters buffers, and a parcel or site plan indicating the full
extent of the proposed new disturbance, with the previously disturbed
area(s) illustrated on the same sheet using shaded or shadow outline
features.
[b]
Authorization for any new disturbance within a
previously disturbed area shall be approved only upon a finding by
the reviewing board or other applicable municipal authority that the
proposal meets the criteria listed at Subsection B(5)(h)[2][b], above,
with all requirements applicable to buffers therein applied instead
to Riparian Areas.
[c]
The allowances of this subsection shall not be
construed to authorize improvements or development activity of any
kind within any portion of a Highlands Riparian Area if the previously
disturbed area, or any portion thereof, is proven to be the result
of unlawful activity.
(b)
All other zones and sub-zones.
[1]
High and Moderate Integrity Riparian Areas. Disturbance
shall be permitted only upon a finding by the reviewing board or other
applicable municipal authority that the application includes or satisfactorily
addresses each of the following requirements:
[a]
Demonstration that the proposed disturbance can
neither be avoided nor reduced in extent or loss of quality, while
adequately providing for the proposed use;
[b]
Demonstration that the proposed disturbance will result in no net loss of the quality of adjacent Highlands Open Waters, in accordance with Subsection B(7), below;
[c]
Demonstration that the proposed improvement plan minimizes impacts to the other functional values of the affected Riparian Area, as provided at Subsection B(7), below;
[d]
Incorporation of low-impact development techniques (pursuant to § 165-117.10B) appropriate to both the proposed activity and the riparian nature of the site, and designed to minimize Riparian Area disturbances while maximizing retention of natural features and Riparian Area functional value; and
[e]
Submission, approval and implementation of a Riparian Area Mitigation Plan providing for restoration of impaired Riparian Areas located either, or in combination, in the following order of preference: on the site of the proposed disturbance, within the same HUC14 subwatershed as the site of the proposed disturbance, within the nearest interrelated HUC14 subwatershed having impaired or disturbed areas in need of restoration, or within the nearest unrelated HUC14 subwatershed having impaired or disturbed areas in need of restoration. Mitigation shall, at minimum, be commensurate in scale, effect and extent with the disturbance approved pursuant to this subsection. A Mitigation Plan pursuant to this subsection shall be approved only where it provides improvements to one or more Riparian Area functions, as listed at Subsection B(7), below, while ensuring no net loss in the quality or contributory effect of an existing function.
[2]
Low integrity riparian areas. In the case of any Riparian Area that is determined through a functional value assessment performed in accordance with the parameters at Subsection B(7), below, to contribute significantly to the protection of a Highlands Open Waters feature, any proposed disturbance shall occur only in accordance with the provisions at Subsection B(6)(b)[1], above, for High and Moderate Integrity Riparian Areas. Disturbance of any other Riparian Areas shall be permitted contingent upon satisfaction of Subsection B(6)(b)[1][d] through [e], above.
(7)
Functional value assessment required. Prior to the approval of any application proposing disturbance of a Highlands Open Waters buffer (with the exception of any major Highlands development approved pursuant to Subsection B(5)(g)[1], above) or of a Highlands Riparian Area regulated at Subsection B(6), above, a functional value assessment shall be performed to indicate the health and contributory value of the buffer or Riparian Area under existing conditions. All such assessments shall be completed by a qualified professional and shall include a general description and evaluation of each of the components listed herein below. In addition, assessments shall provide a net gain/loss projection concerning each of the functional values, as applicable, based upon anticipated post-disturbance conditions. Such projections shall take into account all facets of the proposed application to determine anticipated impacts, whether beneficial or detrimental to functional values. Key functional values include but are not limited to habitat, stormwater and floodwater retention and filtration, water quality protection, temperature moderation, aquatic ecosystem integrity and channel integrity.
(a)
Habitat. A reduction in aquatic habitat functional value will
occur in the event of a net loss of in-stream food sources or of access
to such sources. A loss of terrestrial habitat functional value will
occur in the event of a shift to a less valuable overall vegetative
condition based on the following hierarchy from highest value to lowest:
forest or wetland, scrub/shrub, pasture or meadow, agriculture, maintained
lawn, unpaved impervious surface, other structures.
(b)
Water quality. A degradation of this functional value will occur
if, as a result of the proposed land conversions, pollutant loads
increase to the Highlands Open Waters.
(c)
Temperature moderation. A loss in temperature moderation functional
value will occur if changes to the existing vegetation result in reduced
shading of the Highlands Open Waters feature or of increased stormwater
that discharges to Highlands Open Waters. Further, a loss in temperature
moderation functional value may occur with the heating of stormwater
by new structures and other impervious surface. Mitigation approaches
include removing or relocating impervious surfaces away from the Highlands
Open Water or ensuring that stormwater temperature is reduced through
shading or other techniques.
(d)
Channel integrity. A loss of channel integrity functional value
will occur if the project will result in: the loss of bank stabilizing
vegetation; an increase in the peak rate of stream flow, or in localized
scour potential, which will increase stream bank and stream bed erosion;
or the removal or burial of aquatic habitat in any substantial part
of a stream bed.
C.
Steep slopes.
(1)
Findings.
(a)
Disturbance of steep slopes can trigger soil erosion and sedimentation,
resulting in the loss of topsoil. Steep slope disturbance can contribute
to siltation of wetlands, lakes, ponds and streams, which damages
and degrades wetland and aquatic habitats. Steep slope disturbance
can also result in alteration of drainage patterns, which, when severe,
can result in land slumping and landslides. Protection of steep slope
areas is essential to the safety and stability of the human and nonhuman
environment. Avoiding disturbance of steep slopes protects surface
water quality, plant and wildlife habitat, and habitat quality. It
also protects ridgelines, hillsides, and mountainous features that
provide variation in the landscape, contribute to scenic viewsheds,
offer unique recreational opportunities, and, in many instances, define
the character of an area or region.
(b)
The severity and extent of steep slopes, in conjunction with
applicable soil characteristics and type and extent of land cover,
all affect the potential for damages from the disturbance of steep
slopes. The provisions of this section are intended to protect the
citizens, buildings and structures, and the natural environment and
living ecosystems of the community from harm due to disturbance of
steep slopes.
(2)
Applicability. The provisions of this section shall apply to
the Steep Slope Protection Area (Exhibit 5)[10] and to any other portion of the Highlands Area determined to consist of 5,000 square feet or more of contiguous steep slope(s) (as defined at § 165-117.6B). For purposes of making such determinations, slopes shall be calculated for every two-foot contour interval over the full extent of the existing slope features, regardless of the location of property or other jurisdictional boundary lines. These provisions shall apply to all non-major Highlands development.
[10]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Steep Slope standards.
(a)
Severely and Moderately Constrained Slopes. Disturbance of Severely
Constrained and Moderately Constrained Slopes is prohibited, with
the exception of that required in connection with a linear development.
Such linear development, however, shall be permitted only in the event
that there is no feasible alternative for such development outside
of the Severely Constrained or Moderately Constrained Slopes.
[1]
To address the "no feasible alternative for linear
development" standard, the applicant shall demonstrate that there
is no other location, design or configuration for the proposed linear
development that would reduce or eliminate the disturbance of Severely
Constrained or Moderately Constrained Slopes. For proposed linear
development that would provide access to an otherwise developable
lot, the applicant shall in addition, show that:
[2]
For a driveway, the applicant shall, in addition,
demonstrate that:
[a]
The applicant has made a good faith effort to transfer
development rights for the lot based on the allocation of Highlands
Development Credits certified by the Highlands Development Credit
Bank, and has not obtained a commitment from the Highlands Development
Credit Bank, a willing buyer, or a TDR receiving zone municipality
to purchase said Highlands Development Credits;
[b]
The lot has been offered for sale at an amount
no greater than the specific fair market value to all property owners
within 200 feet of the lot, and to the land conservancies, environmental
organizations, the Highlands Council and all other government agencies
on a list provided by the Highlands Council, at an amount determined
in compliance with N.J.S.A. 13:8C-26j or N.J.S.A. 13:8C-38j, as applicable;
[c]
Said offering under Subsection C(3)(a)[2][b] was
made by letter sent by certified mail, return receipt requested, with
a copy to the Highlands Council: a) disclosing the location on the
lot of all Highlands resource areas as provided by an RMP Consistency
Determination Report developed using the Highlands Council website;
b) stating that an application to develop the lot has been filed;
and enclosing a copy of a fair market value appraisal performed by
a state-licensed appraiser based on the minimum beneficial economically
viable use of the property allowable under local law; and
[d]
No reasonable offer for the lot has been received
within a minimum period of 90 days.
[3]
Documentation required toward satisfaction of the
provisions of Subsection C(3)(a)[2][b] through [d], preceding, shall
include:
[a]
A list of the names and addresses of all owners
of real property within 200 feet of the lot, as certified by the municipality,
including owners of easements as shown on the tax duplicate;
[b]
A copy of each letter that the applicant sent under
this subsection;
[c]
Receipts indicating that the letters were sent
by certified mail;
[d]
A copy of all responses received. Each response
shall be submitted to the reviewing municipal authority at the time
of the application seeking approval for the proposed disturbance;
[e]
A copy of the fair market value appraisal sent
to all property owners within 200 feet as required under Subsection
C(3)(a)[2][c] above; and
[f]
A copy of a written response or a resolution from
the Highlands Council demonstrating that it has considered and rejected
the offer.
[4]
An alternative shall not be excluded from consideration
under this subsection merely because it includes or requires an area
not owned by the applicant that could reasonably be obtained, utilized,
expanded, or managed in order to fulfill the basic purpose of the
proposed linear development.
[5]
After consideration of the information required in Subsection C(3)(a)[1] through [4], above, the reviewing municipal authority shall not approve any application pursuant to this subsection if either: the applicant has refused a fair market value offer to purchase the property for which the driveway linear development is sought, or the reviewing municipal authority finds that there is a reasonable alternative to the proposed linear development.
(b)
Constrained or limited constrained slopes. Disturbance shall
be permitted only upon a finding by the reviewing board or other applicable
municipal authority that the application includes or satisfactorily
addresses each of the requirements following:
[1]
Demonstration that the proposed steep slope disturbance
can neither be avoided nor reduced in extent, while adequately providing
for the proposed use.
[2]
Incorporation of low-impact development techniques (pursuant to § 165-117.10B) appropriate to both the proposed activity and the steep slope environment, designed to reduce the extent of disturbance areas, stabilize areas that are disturbed, provide for stormwater management, and protect adjacent areas during site construction.
[3]
Development layout shall be designed to:
[a]
Minimize the need for landform grading and retaining
structures;
[b]
Incorporate a cluster development format, where
feasible, to minimize the extent of development on steep slopes; and
[c]
Disturb steep slopes (where such disturbance cannot
be avoided) having the minimum potential for slope instability.
[4]
Site design shall:
[a]
Incorporate stabilization techniques that emphasize
bioengineering;
[b]
Ensure minimized soil loss during and after construction
through steep slope-appropriate soil erosion and sediment control
techniques;
[c]
Prevent direct discharge of stormwater into Highlands
Open Waters features;
[d]
Provide for control of stormwater velocity and
volume such that no net increase in runoff rates occurs between pre-
and post-conditions; and
[e]
Provide for maximum protection of existing trees,
woodlands and surrounding natural vegetated areas.
D.
Critical Habitat.
(1)
Findings.
(a)
Habitat protection is critical to maintaining biodiversity and providing for the needs of rare, threatened and endangered plant and animal species. Biodiversity is the variety of plant species, animal species and all other organisms found in a particular environment, and is a critical indicator of ecological integrity. This article establishes three categories of Critical Habitat in the Highlands Area, as set forth at § 165-117.7C(5) above. Critical Wildlife Habitat includes lands containing habitat for rare, threatened and endangered wildlife species. Significant Natural Areas are those Natural Heritage Program (NHP) Priority Sites within the Highlands Region that are regionally significant due to the presence of either rare or endangered plant species or of unusual or exemplary natural ecological communities. Vernal pools are unique ecosystems that: provide critical breeding habitat for a variety of amphibian and invertebrate species; contribute to local biodiversity by supporting plants, animals and invertebrates that would otherwise not occur in the landscape; and contribute significant amounts of food to adjacent habitats.
(b)
Protection of Critical Habitat is essential to the well-being
of a wide variety of plants and animals making up the unique ecosystems
of the Highlands Area. Such protection is vital to the survival of
numerous rare, threatened and endangered species. Protection of Critical
Habitat is in the interest of the Township and the Highlands Region,
as a whole, not only for its contributions to ecosystem stability
and biodiversity, but for its role in the health and stability of
the human environment, and its contributions to aesthetic values.
(2)
Disturbance prohibited. Disturbance of any portion of any lands
located within designated Critical Habitat areas of the Highlands
Area (Exhibit 6),[11] including Critical Wildlife Habitat, Significant Natural Areas, and Vernal Pools, including the 1,000-foot protection buffer, is prohibited, with the exception only of such disturbance as may be authorized by the NJDEP through issuance of an HPAA for major Highlands development in the Preservation Area. Until or unless the municipality has adopted a Habitat Conservation and Management Plan [see Subsection D(3)], relief from this provision shall remain under the sole authority and jurisdiction of the Highlands Council. Any application proposing disturbance of Critical Habitat shall be neither deemed complete, nor reviewed or considered by the municipal Board or other applicable authority, until such time as authorization has been obtained from the Highlands Council in the form of a formal notification from the Executive Director of the Highlands Council, indicating by reference to specified plan drawings (including date, title, plan sheet number(s), and plan preparer) that the limits and extent of the disturbance proposed within the application has been approved.
[11]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Habitat Conservation and Management Plan. Upon Clinton Township
adoption of a Habitat Conservation and Management Plan, which, inclusive
of any accompanying ordinances, rules or regulations, shall be approved
by the Highlands Council, all applications proposing disturbance of
a Critical Habitat area shall be filed, reviewed and considered in
accordance with the provisions and criteria provided therein.
E.
Carbonate rock.
(1)
Findings.
(a)
The Carbonate Rock Area identifies portions of the Highlands
Area underlain by carbonate bedrock or known to contain karst topography.
Solution (by water) of carbonate rocks such as limestone and dolomite
by surface water or groundwater can cause surface depressions and
development of irregular, sub-surface rock topography known as karst.
These conditions make such areas unstable and susceptible to subsidence
and surface collapse. Karst conditions can lead to formation of sinkholes,
sinking streams, enlarged bedrock fractures, caves and underground
streams. Sinkholes function as funnels, directing surface water runoff
into karst aquifers with little or no attenuation of transported contaminants.
Stormwater basins, septic system leach fields, sewers, agricultural
runoff, lawn runoff, underground pipelines, and soil disturbance all
can contribute contaminants directly to groundwater through karst
features. Soils in sinkhole bottoms may be thin or nonexistent. In
addition to potential for groundwater contamination, karst features
present a threat to public safety. Sinkholes and other karst formations
can undermine buildings and structures, including infrastructure facilities,
such as roads, natural gas lines, water supply and sewer lines, septic
systems and stormwater basins.
(b)
The provisions of this section are intended to protect the citizens,
buildings and structures, and the natural environment, particularly
the groundwater resources of the Highlands Area, from the potential
for harm or physical damage associated with land development in the
Carbonate Rock Area.
(2)
Applicability. The provisions of this section shall apply to
all proposed development in the Carbonate Rock Area (Exhibit 7),[12] including that in both the Preservation Area and the Planning
Area.
[12]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Geotechnical investigation required. Any application for development within the limits of the Carbonate Rock Area shall be preceded by a geotechnical investigation, as provided in this subsection. No such development application shall be deemed complete or considered for review by the applicable land use board or other designated municipal authority until such time as the geotechnical investigation program described herein has been satisfactorily completed, as certified by the individual(s) designated to review and make such findings on behalf of the municipality (see Subsection E(3)(c) below).
(a)
Purpose. The purpose for the geotechnical investigation is to
locate carbonate rock features that may be affected by the development
proposal, to reveal the potential threats to public health, safety
or welfare, or groundwater quality that may result, and to determine
the most appropriate ways to address these issues in the design and
implementation of the project proposal.
(b)
Professional required. The geotechnical investigation must be
conducted by a qualified professional, such as geologist, soils or
geotechnical engineer, or other licensed professional engineer having
experience in karst area investigations and associated development.
(c)
Municipal review. Review and oversight of geotechnical investigations
shall fall under the purview of the Municipal Engineer. For purposes
of this subsection, the "Township Engineer" shall refer to the qualified
professional engineer or geological expert designated by the Township
to provide review and recommendations concerning matters of a geotechnical
nature.
(d)
Program. The investigation shall occur in two phases, wherein
the results of the first shall determine the need for and extent of
requirements pertinent to the second.
[1]
Phase I investigation.
[a]
The investigation shall commence with completion
of a Phase I Geological Investigation which shall identify the geologic
nature of the materials underlying the site. This assessment shall
be based on review of existing available information, such as prior
investigation reports on properties proximate to the subject parcel(s),
aerial photography, as well as on-site field investigation.
[b]
Phase I findings shall be provided in a summary
report including: a description of the site geology; groundwater conditions
such as depth to water table and direction of flow; an evaluation
of the potential impact of the project on groundwater quality; and
identification of any karst features observed. In addition, the report
shall include the geological professional's recommendations as to
whether, in light of the proposed development plan, a Phase II geological
investigation should be prepared and submitted, and whether any portion
of the requirements of the Phase II investigation should be waived.
[c]
The applicant's geological professional and the
Township Engineer shall review the applicant's Phase I findings in
the field.
[d]
The Township Engineer shall determine whether a
Phase II Investigation shall be required, based on the data submitted
and the recommendation of the applicant's geological professional.
The Township Engineer may grant a waiver from parts of the Phase II
geotechnical evaluation or from part or all of the reporting requirements
if, in his/her professional opinion, such aspects are not relevant
or necessary in formulating the proposed development plan for the
site or property in question.
[e]
In the event that a Phase II Investigation is not
required, the Township Engineer shall provide written certification
that the applicant has satisfactorily completed the requirements of
the geotechnical investigation. Such certification shall include any
conditions pertinent to the issuance of such certification that the
Township Engineer may deem necessary or appropriate to ensure the
geotechnical sufficiency of the proposed development plan. All materials
developed in the course of the Phase I Investigation, inclusive of
the Township Engineer's evaluation report(s) and recommendations,
shall be provided to the municipal board or authority having jurisdiction
over the development application.
[2]
Phase II investigation.
[a]
The purpose of the Phase II Investigation is to
delineate and define potential karst areas noted or suspected in the
Phase I geological investigation, to evaluate the effects of the proposed
development on such areas, and to propose methods of protection and
mitigation if needed.
[b]
A Phase II Investigation Plan shall include a narrative
describing the types of features to be investigated, their locations,
the types of direct/indirect methods to be used and the reasons for
their use. Indirect methods include the use of aerial photography,
satellite imagery and geophysical procedures, such as ground-penetrating
radar, electrical conductivity, electrical resistivity, magnetic field,
very low frequency measurement, gravity field recording and seismic
velocity measurements. Direct methods shall include test pits, test
probes, test borings or other appropriate methods. A plan indicating
the areas of investigation, proposed locations of testing and types
of testing shall accompany the Phase II Investigation Plan.
[c]
After the Phase II Investigation Plan has been
approved by the Township Engineer, formal notification shall be issued
to the applicant authorizing the commencement of the testing procedures.
The development site shall be subject to inspection by the Township
Engineer or designated Township inspectors at any time. All testing
data and results shall be made available to municipal officials and
inspectors upon request. Any samples taken shall be properly preserved
and shall be available for examination by the Township Engineer until
final action is taken by the approval authority on the application.
[d]
At the completion of the Phase II investigation,
a formal Geotechnical Evaluation Report shall be submitted which shall
include a geologic interpretation of the observed subsurface conditions,
including soil and rock type, geologic unit, jointing, faulting, voids,
fracturing, grain size and sinkhole formation. In addition:
[i]
The report shall provide all information gathered
in the course of the testing protocol, including, as applicable: logs
of all borings, test pits, and probes including evidence of cavities;
loss of drilling fluid circulation during drilling; voids encountered
and similar cavities; type of drilling or excavation technique employed;
drawings of monitoring or observation wells as installed; time and
dates of explorations and tests; reports of chemical analyses of on-site
surface and groundwater; names of individuals conducting tests if
other than the applicant's designated professional; analytical methods
used on soils, water samples, and rock samples; a one inch equals
100 feet scale topographic map of the site (at a contour interval
of two feet) locating all test pits, borings, wells, seismic or electromagnetic
conductivity or other geophysical surveys; and analysis of the groundwater
including any potentiometric maps constructed from site data or aquifer
tests with rate and direction of flow.
[ii]
The report shall include an evaluation of the
geotechnical findings in relation to the proposed development, and
recommendations for the planning, engineering design and construction
techniques to be utilized in accomplishing the project. All design
recommendations shall minimize, to the greatest extent practical,
impacts upon water quality and structural hazards associated with
carbonate rock formations. The engineering solutions proposed to minimize
environmental and structural impacts must be clearly detailed.
[e]
The Township Engineer shall consider the data,
formal reports, maps, drawings and related submission materials and
determine whether the proposed design satisfactorily provides:
[i]
Sufficient design, construction and operational
information to ensure that the proposed development of the tract will
not adversely affect the health, safety and welfare of the community;
[ii]
Specific details demonstrating that the proposed
method of development of the tract will minimize any adverse effects
on the quality of surface or subsurface water, and will not alter
the character of surface and/or subsurface water flow in a manner
detrimental to known on-site or off-site conditions;
[iii]
Specific details ensuring that design concepts
and construction and operational procedures intended to protect surface
and subsurface waters will be properly implemented; and
[iv]
Specific details on inspection procedures to be
followed during construction and after project completion.
[f]
The Township Engineer shall, within 45 days of
submission of the Phase II Geotechnical Evaluation Report, provide
the applicant with a written response, evaluating the adequacy of
the investigation, the sufficiency of information to make the necessary
findings, and a review and recommendations, if any, concerning the
geotechnical aspects of the proposed development plan and associated
construction and mitigation techniques.
[g]
Upon a finding of sufficiency, the Township Engineer
shall certify that the applicant has satisfactorily completed the
geotechnical investigation, and all materials developed in the course
of the investigation process, inclusive of the Township Engineer's
evaluation report(s) and recommendations, shall be provided to the
municipal board or authority having jurisdiction over the development
application.
(4)
Carbonate rock drainage area. Applicants seeking approval of
development activities in subwatersheds that drain directly to the
Carbonate Rock Area shall conduct a Phase I geological investigation.
The Phase I investigation and Township Engineer's review shall ensure
that any proposed development activity having potential to alter the
types, volumes, or rates of runoff entering the Carbonate Rock Area,
shall be designed to prevent the formation or enlargement of sinkholes,
the introduction of contaminated surface water into groundwater aquifers
via sinkholes or cavities, or the lowering of the water table.
(5)
Conditions of development application approval. Where a geotechnical
investigation is required in connection with a development application
that will subsequently be filed with the Planning Board or Zoning
Board of Adjustment, the Township Engineer shall provide recommendations
to the Board concerning the application during the course of its review
and decision making. For all other applications requiring a geotechnical
investigation, the recommendations and requirements of the Township
Engineer shall have final force and authority and shall be incorporated
into any approval issued by the reviewing authority.
(a)
In no case shall an application for development, in either the
Carbonate Rock Area or in a subwatershed that drains directly to the
Carbonate Rock Area, be approved unless the applicant has demonstrated
to the satisfaction of the reviewing board or other municipal authority
(in consultation with the Municipal Engineer) that all potential hazards
to public health and safety, structures and groundwater are fully
addressed and mitigated, with the maximum emphasis given to nonstructural
measures, such as avoidance of modifications to the karst features,
use of dry swales to divert run-off away from karst features, minimization
of site disturbance, and removal or minimization of impervious surface.
(b)
The following conditions shall accompany the approval of any
application for development in the Carbonate Rock Area:
[1]
The location of all sinkholes, disappearing streams
or karst features shown on documents submitted under the Phase I and/or
Phase II geologic investigations shall be drawn on all preliminary
and final plats, site plans and parcel plans. These shall also note
any site remediation techniques to be utilized to stabilize any solution
channels or subsidence karst features.
[2]
In the event a previously unidentified carbonate
rock feature posing a geologic hazard is discovered during construction,
the applicant shall:
[a]
Report the occurrence of the hazard to the Township
Engineer within 24 hours of discovery;
[b]
Halt construction activities which would affect
the geologic hazard;
[c]
Prepare a report on the geologic hazard which analyzes
the impact of the hazard and details a remediation plan for review
and approval by the Township Engineer;
[d]
After obtaining approval from the Township Engineer,
perform necessary remediation of the hazard to prevent or minimize
damage to buildings, structures, utilities, driveways, parking areas,
roadways and other site improvements, and to minimize pollution of
the groundwater;
[e]
Repair any damage to improvements and restore ground
cover and landscaping;
[f]
In those cases where the hazard cannot be repaired
without adversely affecting the site plan or subdivision, the applicant
shall file an amended application for a site plan or subdivision approval
in compliance with the provisions of the municipal ordinances.
F.
Lake Management Area.
(1)
Findings. The Lake Management Area (Exhibit 3)[13] contains all lakes located within the Highlands Area that have a surface area greater than 10 acres and the areas that drain to such lakes, including the three management tiers established at § 165-117.7C(7). Highlands Area lakes contribute to the character and natural beauty of the Township, comprising a unique feature that is important to both the community and the surrounding region. Highlands Area lakes provide important recreational opportunities, support aquatic ecosystems, and moderate local atmospheric temperatures. Lakes represent an important interconnection in the wider system of rivers, streams and underground springs and aquifers that support life and contribute to community water supplies. Lakes can be harmed by pollutant sources in the watershed area draining to them. Polluted lakes can, in turn, damage downstream streams and rivers. Overdeveloped, damaged and poorly managed shore land areas can degrade water quality, harm lake ecosystems, diminish natural aesthetic values, and cause an overall loss of property values for lake communities. It is the intent of the provisions of this section to ensure that Highlands Area lakes receive the highest level of protection while at the same time providing for recreational access and opportunity, and development and redevelopment activities that are compatible with and appropriate to lake environments.
[13]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(2)
Shoreland Protection Tier. The Shoreland Protection Tier encompasses the lands surrounding a Lake Management Area lake that lie within 300 feet of its shoreline. As such, these lands coincide with and are defined as Highlands Open Waters buffers pursuant to Subsection B above. All provisions applicable to Highlands Open Waters buffers, as provided therein, shall apply fully to the Shoreland Protection Tier of any lake in the Lake Management Area.
(a)
Highlands Open Waters buffer rules apply. The Shoreland Protection Tier encompasses the lands surrounding a Lake Management Area lake that lie within 300 feet of its shoreline. As such, these lands coincide with and are defined as Highlands Open Waters buffers pursuant to Subsection B(5), above. All provisions applicable to Highlands Open Waters buffers, as provided therein, shall apply fully to the Shoreland Protection Tier of any lake in the Lake Management Area.
(b)
Planning Area, previously disturbed areas. Where an applicant proposes a disturbance pursuant to Subsection B(5)(h)[2], above, the following additional parameters shall apply:
[1]
Where the application involves alteration of a
previously disturbed shoreline, it shall be authorized only where
demonstrated that the disturbance is the minimum necessary to provide
for a water-dependent recreational use such as a beach, dock, fishing
pier, or boat house.
[2]
Where shorelines have already been developed using
"hardscape" materials such as bulkheads, riprap or walls, enhancement
measures shall include installation of a vegetated filter strip along
the hardscape feature where feasible, to attenuate stormwater flow
and minimize the potential for shoreline erosion.
[3]
The control and, where necessary, removal of algae
and non-native invasive aquatic weeds that cause nuisance conditions
for lake users shall be permitted in all Zones and Sub-Zones, subject
to NJDEP requirements.
[4]
Where emergent aquatic vegetation exists, where
there is little or no natural wave action, disturbance to reeds and
other wetland species that are rooted below the high water mark shall
be avoided, or where avoidance is infeasible shall be minimized and
mitigated. Mitigation measures shall result in a return to conditions
as near a natural condition as practicable. In circumstances where
the previously existing condition is degraded (for example, an instance
where the wetland species are invasive such as common reed), the proposed
plan shall provide a net gain in habitat value of the replanted species.
[5]
Existing, natural shoreline vegetation within 50
feet of the shoreline shall be protected and preserved except for
a minimum area permitted for water-dependent recreational facilities
or for the removal of exotic, invasive species and their replacement
with native species. Restoration of native vegetation shall be required
along any affected shoreline, where development is proposed within
existing disturbed areas located within 25 feet of the shoreline.
[6]
Construction of new structures within previously
disturbed portions of the Shoreland Protection Tier, other than water-dependent
recreational facilities, is prohibited within 50 feet of the shoreline.
[7]
Installation of any new on-site septic system within
previously disturbed portions of the Shoreland Protection Tier shall
incorporate a minimum setback of 150 feet from shoreline, regardless
of whether another potential area of disturbance exists at a lesser
setback.
[8]
The width and length of piers and docks shall minimize
the disturbance of shoreline, shoreline vegetation and wetland vegetation
to the extent feasible with due consideration for safety. Piers and
docks may be held in common to reduce the total number of new docks
and piers.
[9]
Boat lifts shall be preferred over structural docks
and landing as a means of providing more light to the waters below
and shall elevate boats a minimum of one foot above high water.
(3)
Water Quality Management Tier. Any application proposing a disturbance within the Water Quality Management Tier shall be authorized only provided the reviewing board or other applicable municipal authority finds that the proposal protects lake water quality, by implementation of the requirements of this subsection. The Water Quality Management Tier consists of all lands draining into a Highlands lake that lie within 1,000 feet of its shoreline, subsuming the whole of the Shoreland Protection Tier. As such, these provisions shall not be construed to waive or obviate the requirements of either the preceding Subsection F(2), or of Subsection B(5) above concerning Highlands Open Waters buffers. These provisions shall apply to any proposed disturbance in the Planning Area, to any project, development, or activity not classified as major Highlands development in the Preservation Area, and, to the extent more restrictive or encompassing than NJDEP Preservation Area Rules (including but not limited to N.J.A.C. 7:38-3.6, "Highlands open waters," N.J.A.C. 7:38-3.7, "Flood hazard areas"), to major Highlands developments in the Preservation Area.
(a)
Water quality protection requirements. To prevent or minimize
continuous pollutant sources that can contribute pollutants overland
or through groundwater to the lake from greater distances than the
Shoreland Protection Tier, the following measures shall be incorporated
into all development proposals:
[1]
All disturbed parcels shall be provided with landscape
or garden elements which retain stormwater, minimizing the potential
for increases in the volume, time of concentration, or concentrated
flow of runoff from the property. Such elements shall be designed
to ensure to the maximum extent feasible, that during larger storms,
water is released through overland sheet flow across a vegetated,
naturally landscaped area.
[2]
All new development shall direct runoff from roofs,
driveways and patios into landscape or garden elements which retain
and filter stormwater, or to infiltration basins, trenches or other
such appropriate stormwater management devices.
[3]
Stormwater management plans shall be designed to
direct runoff away from the shoreline and to avoid stormwater discharges
directly to the lake to the maximum extent feasible.
[4]
Stormwater shall be directed to a stormwater treatment
train that cleans and reduces the rate of runoff to the maximum extent
possible. Stormwater treatment trains shall maximize the use of swales
with natural vegetation, infiltration mechanisms or constructed wetlands,
and discharge through a constructed wetland or other channel that
maximizes aeration and cleaning of water to the maximum extent feasible.
[5]
The discharge of stormwater shall be through sheet
flow, where feasible, which may require the construction of an outlet
that disperses the water over a substantial distance at a constant
elevation so that water sheet flows over the top.
(b)
Approvals subject to outside agency approvals. Nothing herein
shall be construed to relieve the applicant from the applicable rules,
regulations and design requirements of any other agency having jurisdiction,
including but not limited to the NJDEP (e.g., Freshwater Wetland Rules,
N.J.A.C. 7:7, Stormwater Management Rules, N.J.A.C. 7:8, Flood Hazard
Area Rules, N.J.A.C. 7:13, NJPDES Rules, N.J.A.C. 7:14A), a Soil Conservation
District acting pursuant to Soil Erosion and Sediment Control Act
Rules (N.J.A.C. 2:90), or any county or other regional entity having
authority pursuant to an adopted Regional Stormwater Plan.
(c)
Additional optional measures.
[1]
The use of green roofs is encouraged in the Lake
Management Zone, to clean and slow the release of stormwater.
[2]
Clustering in accordance with the provisions of the Cluster Development Ordinance (§ 165-117.11A) is also encouraged, where it results in a greater buffer between the lake and any new septic system or other land disturbance than would otherwise be feasible.
(4)
Scenic Resources Tier. The Scenic Resources Tier includes lands
surrounding Highlands lakes that lie within 300 feet of the shoreline
(the Shoreland Protection Tier) plus lands within 1,000 feet of the
shoreline that fall within the viewshed observable from the opposite
shoreline. The provisions of this section, applicable to any development
permitted in the Scenic Resources Tier, apply to both the Preservation
Areas and the Planning Area. These requirements regarding the Scenic
Resources Tier are applied in addition to all requirements applicable
to the Shoreland Protection Tier and Water Quality Management Tier.
(a)
Scenic Resources Tier mapping. For purposes of this section,
applicants may establish and indicate in submission materials that
all lands falling within 1,000 feet of the shoreline of a Highlands
lake (coincident with the Water Quality Management Tier) constitute
the designated Scenic Resources Tier viewshed. In the alternative,
the actual limits of the affected viewshed area must be delineated
and mapped for submission by a licensed land surveyor, professional
engineer, landscape architect, or other qualified professional. Such
delineations shall be based upon the topography of the lands surrounding
the Highlands lake, with the highest observable elevations from the
opposing shoreline forming the viewshed perimeter. For purposes of
this article, observable elevations shall be those projected by use
of topographic maps, regardless of any intervening building, structure,
tree or other natural vegetation, along sight lines drawn radially
from relevant vantage points along the opposing shoreline; such vantage
points being sufficient in number and location to yield the full extent
of the potential view. The viewshed perimeter shall in no location
be less than the 300-foot depth of the Shoreland Protection Tier.
(b)
Protection standards. For all lakes with public access (i.e.,
with shorelines that are not entirely privately held and managed through
a lake association), and for privately held and managed lakes to the
extent not contrary to statutory law or previously approved lake community
development plans, the applicant must demonstrate that the protection
of visual and scenic resources in the Scenic Resource Tier is achieved
through implementation of the following requirements:
[1]
The application must clearly illustrate and assess
the extent to which the proposed development will be visible from
the opposite shore of the lake. If the applicant demonstrates that
the proposed development will be completely obscured from view by
virtue of existing topographic features (specifically excluding buildings,
structures, trees or other vegetation) intervening between the opposite
shoreline and the development site, the remaining provisions of this
subsection shall not apply.
[2]
Buildings shall be screened from view by trees
and other native plant material to the maximum extent practicable
and compatible with the existing character of the lake community,
to minimize the visual intrusion on views from the opposing shorelines.
[3]
The massing of structures shall be designed and
oriented to minimize lot disturbance, including cut and fill work,
and to avoid blockage of views to the maximum extent possible.
[4]
The exteriors of all new or redeveloped building
shall be designed and constructed with materials that minimize visual
intrusion on the lake community character.
[5]
The clearing of trees shall be limited to the minimum
extent needed to develop the site.
[6]
Any exterior lighting shall utilize full cut-off
fixtures with light directed downward and away from the shoreline
to the extent feasible.
(c)
Highlands scenic resources. In the event that an application for development within the Scenic Resources Tier involves a lot or lots that either contain or lie adjacent to a property that contains a Highlands Scenic Resource as illustrated in Exhibit 9 and listed in the Highlands Element of the Clinton Township Master Plan, the provisions of Subsection K, below, shall apply.
G.
Water conservation and deficit mitigation.
(1)
Findings. The water resources of the Highlands Area are critical
to supporting the life of the community. Groundwater supplies represent
the primary source of potable water in the Highlands Region and provide
base flow to the Region's streams. The importance of ensuring the
high quality and sustainable use of Highlands groundwater supplies
cannot be overstated. The availability of clean water for human use
is critical to the life and economic vitality of the Highlands Area.
The availability of water for ecological purposes is critical to sustaining
the aquatic ecosystems of streams, ponds and lakes as well as the
riparian flora and fauna that depend upon them. When water withdrawals
exceed the rate of recharge, groundwater supplies diminish, making
access more difficult, reducing reliability, and ultimately leading
to loss of the potable water source. Overuse of groundwater reduces
stream base flows, impairs ecological function and integrity, and
threatens the long-term reliability of potable water supplies that
the community depends upon. The provisions of this section are intended
to protect groundwater supplies from depletion resulting from unsustainable
use. Where groundwater supplies are already depleted, these provisions
require measures to enhance and restore this vital resource.
(2)
Applicability. The provisions of Subsection G(3) below, shall apply to all development within the Highlands Area. The remaining provisions of this section shall apply to any development application proposing a new or increased use of potable or nonpotable water derived from: a) any groundwater source in a Highlands Area HUC14 subwatershed, whether through a public community or noncommunity water supply system well, a nonpublic well, or an individual private well; or b) any surface water source in a Highlands Area HUC14 subwatershed that is not associated with a safe yield determined by the NJDEP through a water allocation permit. These remaining provisions [Subsection G(4) through (7)] shall apply to both the Preservation Area and the Planning Area, with the exception only of an application for major Highlands development requiring issuance of an HPAA from the NJDEP. Specifically excluded from these provisions [Subsection G(4) through (7)] are modifications or improvements to existing uses and structures that result in neither, for residential development (or any residential portion thereof) an increase in the number of residential units, nor, for nonresidential development (or any nonresidential portion thereof), an increase in water demand by an average of 400 gallons per day or more.
(3)
Water conservation requirements. All development proposals shall
incorporate, as applicable, the following water conservation measures
to promote sound resource use, reduce supply deficits, and reduce
the need for additional utility infrastructure:
(a)
Meet all applicable building code requirements for the use of
water conservation fixtures and appliances in new or rehabilitated
structures;
(b)
Provide automatic controls based on rain sensors (or soil moisture)
for all new and replacement lawn irrigation systems, as required by
the electrical subcode at N.J.A.C. 5:23-3.16;
(c)
Design all nonpotable irrigation water uses to ensure that only
the necessary amounts of water are used to achieve optimum plant growth,
to the maximum extent practicable;
(d)
Provide for internal recycling or beneficial reuse of reclaimed
water in new commercial development projects, to the maximum extent
practicable;
(e)
Rely on stormwater for irrigation purposes to the maximum extent
practicable, including but not limited to methods recommended by the
U.S. Green Building Council through its Leadership in Energy and Environmental
Design (LEED) program;
(f)
Reduce water losses to the maximum extent practicable, in the
rehabilitation of on-site water supply utility infrastructure, through
such means as application of American Water Works Association/International
Water Association water loss analysis methods (AWWA Manual M-36 or
most recent version).
(4)
Net water availability. Net water availability has been calculated
by the Highlands Council for each HUC14 subwatershed located within
or partially within the Highlands Area (Exhibit 10). Expressed in
million gallons per day (MGD), the values assigned to each HUC14 subwatershed
derive from subtracting consumptive and depletive surface and groundwater
uses for a baseline year, from total groundwater availability. Where
net water availability figures are negative numbers, the subwatershed
is identified as a current deficit area, meaning existing uses exceed
sustainable supplies. The map of net water availability by HUC14 Subwatershed
provided at Exhibit 10[14] is herewith adopted and incorporated as a component of
this article.
[14]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(5)
Conditional water availability. For subwatersheds designated
as current deficit areas, the Highlands Council has assigned a limited
amount of conditional water availability, the use of which is conditioned
upon satisfying certain mitigation requirements. Jurisdiction over
the use of conditional water availability lies solely with the Highlands
Council and shall apply in the case of current deficit areas until
such time as a Water Use and Conservation Management Plan for such
subwatersheds has been adopted and put into effect.
(6)
Water Use and Conservation Management Plan. Where a Highlands
Council-approved Water Use and Conservation Management Plan has been
established for a municipality, HUC14 subwatershed, or group of HUC14
subwatersheds, any development application involving the use of water
derived from such subwatershed(s) shall be regulated fully in accordance
with the requirements of such plan. Adherence to the provisions of
an adopted Water Use and Conservation Management Plan shall constitute
satisfactory compliance with all of the provisions of this section,
including those pertaining to net water availability and conditional
water availability.
(7)
Absence of Water Use and Conservation Management Plan. In the
absence of a Highlands Council-approved Water Use and Conservation
Management Plan for a municipality, HUC14 subwatershed, or group of
HUC14 subwatersheds, any development application involving the use
of water derived from such subwatershed(s) shall be subject to requirements
of this subsection.
(a)
Net water availability. The provisions of this subsection shall
apply to any development application proposing the use of net water
availability. These requirements shall apply regardless of whether
such water is supplied from an on-site well or through a water supply
utility.
[1]
Highlands Council findings required. No application
shall be deemed complete or considered for review by the applicable
Board until or unless the Highlands Council has determined that the
proposed consumptive or depletive water use will not exceed the remaining
Net Water Availability for the source HUC14 subwatershed(s). Such
finding shall be provided by formal notification from the Executive
Director of the Highlands Council, indicating by reference to specified
application submittals (as required by the Highlands Council) that
the Highlands Council has reviewed the specific development proposal
at issue, and authorizes the increased use of potable or nonpotable
water therein specified.
[2]
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection G(7)(a)[1], above, shall in no case be approved by the reviewing Board unless the proposed use of net water availability remains equal to or less than that authorized by the Highlands Council through its formal findings. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to net water availability, however.
(b)
Conditional water availability. The provisions of this subsection
shall apply to any development application proposing the use of conditional
water availability. These requirements shall apply regardless of whether
such water is supplied from an on-site well or through a water supply
utility.
[1]
Highlands Council findings required. No application
shall be deemed complete or considered for review by the applicable
Board until or unless a finding has been issued by the Highlands Council
indicating that: a) the proposed consumptive or depletive water use
will not exceed the remaining conditional water availability for the
source HUC14 subwatershed(s); b) that the applicant has correctly
determined the associated mitigation requirement; c) that the proposed
development plan will incorporate or otherwise provide for acceptable
methods of deficit mitigation; and d) that the mitigation measures
proposed by the applicant can be reasonably anticipated to meet the
required level of mitigation. Such findings shall be provided by formal
notification from the Executive Director of the Highlands Council,
indicating by reference to specified application submittals (as required
by the Highlands Council) that the Highlands Council has reviewed
the relevant components of the development proposal and authorizes
it to proceed to the municipal review authority.
[2]
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection G(7)(b)[1], above, shall in no case be approved by the reviewing Board unless: a) the proposed use of conditional water availability remains equal to or less than that authorized by the Highlands Council through its formal findings; b) the proposed methods of deficit mitigation are consistent with those so approved; and c) the anticipated levels of mitigation are sufficient to meet the associated mitigation requirements. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to conditional water availability, however.
[3]
Deficit mitigation requirements. Applicants proposing
the use of conditional water availabity shall comply with the deficit
mitigation requirements herein.
[a]
The mitigation requirement applicable to any development
project derives from the Highlands Council Scaled Mitigation Requirements
table, provided below (Table 1). The figures represent the applicable
recharge requirement as a percentage of consumptive/depletive water
use.
|
Table 1. Scaled Mitigation Requirements
| |||||
|---|---|---|---|---|---|
|
Proposed Consumptive or Depletive Water Use (gpd)
| |||||
|
Deficit (MGD)
|
<= 1,000
|
1,001 - 5,000
|
5,001 - 10,000
|
10,001 - 25,000
|
> 25,000
|
|
0.0001 - 0.050
|
125%
|
125%
|
125%
|
150%
|
150%
|
|
0.051 - 0.100
|
125%
|
125%
|
125%
|
150%
|
150%
|
|
0.101 - 0.250
|
125%
|
125%
|
150%
|
150%
|
175%
|
|
0.251 - 0.500
|
125%
|
150%
|
150%
|
175%
|
200%
|
|
0.501 - 1.000
|
125%
|
150%
|
175%
|
175%
|
200%
|
|
1.000 - 7.100
|
150%
|
175%
|
175%
|
200%
|
200%
|
[b]
Deficit mitigation must be provided within the
same HUC14 subwatershed as from which the source conditional water
availability derives. If the project and water source are not located
in the same subwatershed, however, only mitigation measures that benefit
the source HUC14 subwatershed may be utilized to mitigate the deficit.
[c]
The approval of any application proposing off-site
deficit mitigation measures, whether through enhanced recharge or
offsets from water conservation, shall be subject to the receipt of
approvals from the Highlands Council and any other entities having
jurisdiction over the activities proposed at the off-site location
(whether located within or outside of the municipality).
[d]
On-site deficit mitigation measures, whether from
enhanced recharge or offsets from water conservation shall be subject
to the following criteria:
[i]
Water conservation measures. Water conservation measures may be credited toward mitigation requirements only with respect to existing land uses with consumptive or depletive water uses. (Such measures must be incorporated into the design of any new improvements, in accordance with Subsection G(3), above.) Approval of any application proposing such measures shall be conditioned upon implementation of the measures prior to receipt of any certificate of occupancy or approval for the project improvements. If conservation measures include such methods as reduced irrigation of landscaping, protective covenants (e.g., homeowner's association bylaws) or other such legal mechanisms must be established to ensure their enforceability.
[ii]
Recharge measures. The applicant shall include
the proposed mitigation measures in the project stormwater management
plan, stormwater operation and maintenance manual, and applicable
components of site design. The stormwater management plan and O &
M manual shall achieve permanent maintenance and routine monitoring
of the mitigation measure(s) so that the required rate of recharge
is continuously achieved.
[e]
Any application for which deficit mitigation requirements
cannot be achieved shall not be approved by the reviewing authority.
The applicant may modify any such proposal, however, to reduce the
consumptive or depletive water uses to a level at which achieving
deficit mitigation requirements is feasible. All applicants shall
demonstrate compliance with these standards through submission of
a Deficit Mitigation Plan, as provided below.
[4]
Deficit Mitigation Plans. All applicants proposing
deficit mitigation shall prepare and submit Deficit Mitigation Plans
for approval which shall include the following elements:
[a]
Detailed justification for the proposed conditional water availability use and documentation that the amount of consumptive or depletive use is minimized (including the conservation measures outlined in Subsection G(3), above).
[b]
Engineering plans and drawings of mitigation facilities
proposed to provide the necessary mitigation in the source HUC14 subwatershed.
[c]
Sufficient information to demonstrate that the
mitigation measures are individually feasible and in the aggregate
will meet or exceed the mitigation requirement.
[d]
Sufficient information to substantiate that the
facility will recharge the groundwater table such that it reasonably
can be expected (e.g., using general groundwater flow models) to support
aquifer recharge, or to support stream flow with a travel time in
excess of one month.
[e]
Proposed implementation schedule demonstrating
compliance with the following timeframe targets:
[i]
Satisfaction of mitigation requirements within
one year of issuance of building permit(s) if the consumptive or depletive
water use is less than 20,000 gpd in the Planning Area or 10,000 gpd
in the Preservation Area, on average.
[ii]
Satisfaction of mitigation requirements within
a longer time period for larger amounts, up to five years from issuance
of building permit(s), but no later than upon initiation of the consumptive
or depletive water use, except for projects that involve a combination
of high current water deficits and large proposed consumptive and
depletive water uses as shown in the shaded areas of the table Scaled
Mitigation Requirements (Table 1, above), in which case, on-site mitigation
shall be successfully completed prior to initiation of the water use
but may be implemented concurrent with on-site construction. Off-site
mitigation shall be successfully completed prior to any on-site construction.
[iii]
Mitigation requirements may be phased in keeping
with the level of consumptive and depletive water use that actually
occurs based on phased construction of a project.
[f]
Proposed operation, maintenance and monitoring
requirements to ensure that sufficient recharge is maintained over
time. These requirements shall at a minimum be sufficient to comply
with N.J.A.C. 7:8 stormwater maintenance requirements.
[5]
Conditions of approval. As a condition of any approval
of a development application, inclusive of the proposed Deficit Mitigation
Plan, pursuant to this subsection, the applicant shall:
[a]
Demonstrate that the entity designated to implement
the Deficit Mitigation Plan is qualified and capable of carrying out
the plan, regardless of the timeframe involved.
[b]
Provide proof of acceptance of all responsibilities
for implementation of the Deficit Mitigation Plan by the responsible
entity.
[c]
Provide a cost estimate for implementation of the
Deficit Mitigation Plan, inclusive of a 10% contingency.
[d]
Provide performance and maintenance guarantees
in accordance with all municipal and MLUL requirements in amounts
as approved by the municipal engineer, sufficient to ensure the installation
and implementation of all required Deficit Mitigation Plan measures.
Such guarantees shall be available to the municipality and, secondarily,
to the Highlands Council for implementation of the necessary deficit
mitigation measures should the applicant fail to properly implement
the measures according to the Deficit Mitigation Plan schedule. If
the implementing entity is a public agency, the commitment must be
in the form of a binding resolution or ordinance of the governing
body, and the cost of implementation must be bonded to ensure sufficient
resources.
[e]
Ensure that the responsible entity shall report
annually to the Highlands Council and the municipality regarding implementation
of the Deficit Mitigation Plan until fully implemented, unless reporting
is achieved through effectuation of a Water Use and Conservation Management
Plan.
[f]
Establish an ongoing system of such reporting which
must operate until the relevant subwatershed is no longer in deficit,
or until the reporting responsibility is absorbed into implementation
of an approved Water Use and Conservation Management Plan.
H.
Prime Groundwater Recharge Areas.
(1)
Findings. Prime Groundwater Recharge Areas are those lands within
a HUC14 subwatershed that most efficiently provide, in the aggregate,
40% of total drought recharge volume for the HUC14 subwatershed. Protection
of such areas is vital to maintaining the quality and quantity of
the groundwater resources upon which both human and nonhuman communities
in the Highlands Area heavily rely. It is the intent of the provisions
herein to ensure that Prime Groundwater Recharge Areas of the Highlands
Area receive the highest possible protection from intrusion to protect
both the recharge capacity that they provide and the quality of the
groundwater supplies that they replenish.
(2)
Applicability. The provisions of this section shall apply to
any development application involving the Prime Groundwater Recharge
Area (Exhibit 7),[15] whether in the Preservation Area or the Planning Area.
[15]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Standards. Disturbance of Prime Groundwater Recharge Area (PGWRA)
by any regulated development shall be permitted only upon a finding
by the reviewing board or other applicable municipal authority that
the proposal complies with the provisions of this subsection.
(a)
Avoidance. The proposed disturbance cannot be avoided. Development
shall not occur in Prime Groundwater Recharge Areas unless either,
the entirety of the subject property is located within a Prime Groundwater
Recharge Area and thus cannot be avoided, or the disturbance represents
the only viable alternate means to avoid Critical Habitat, Highlands
Open Waters buffers, Moderately Constrained Steep Slopes, or Severely
Constrained Steep Slopes, to the extent that these resources are also
present upon the subject property.
(b)
Minimization. The proposed disturbance cannot be minimized.
Where total avoidance is not feasible, total recharge area disruption
(i.e., alteration of natural recharge patterns or volumes) shall not
exceed 15% of the Prime Groundwater Recharge Area located within the
affected parcels, placed where feasible on those parts of the PGWRA
having the lowest relative recharge rates and the least potential
for aquifer recharge based upon site analysis.
(c)
Low-impact development. The proposal incorporates low-impact development practices. Low-impact development practices (see § 165-117.10B) shall be used in the design of the development proposal to reduce total recharge disruption to the minimum feasible, within the 15% cap.
(d)
Mitigation. The proposal includes a PGWRA Mitigation Plan. Any
development application involving disturbance of a Prime Groundwater
Recharge Area shall be accompanied by a mitigation plan, providing
for an equivalent of 125% of pre-construction recharge volumes for
that portion of the Prime Groundwater Recharge Area that will be disturbed.
The recharge mitigation shall occur within the following areas, in
order of priority: (1) the same development site to the maximum extent
feasible; (2) the same HUC14 subwatershed; or (3) where no feasible
option exists in the same HUC14 subwatershed, an interrelated HUC14
subwatershed approved by the Highlands Council.
(4)
Potential contaminant sources. Where any use or structure classified
as a Major Potential Contaminant Source (PCS) (as listed at Appendix
B)[16] is proposed to be located or expanded within a Prime Groundwater Recharge Area, the standards of approval provided at Subsection I(3), below, shall apply in addition to the preceding requirements.
[16]
Editor's Note: Said appendix is included as an attachment to this chapter.
I.
Wellhead protection.
(1)
Findings. Protection of groundwater resources that directly
provide water to potable water supply wells is vital to the public
health, safety and welfare of the community. It is also of primary
importance to ensure continued availability of clean drinking water
to all that rely upon it. Through regulation of land use, physical
facilities and other activities within Wellhead Protection Areas (WHPAs),
the potential for groundwater contamination can be reduced by preventing
the introduction and migration of pollutants into groundwater sources
that supply water supply wells.
(2)
Applicability. The provisions of this section shall apply to
all proposed development activities in designated Wellhead Protection
Areas (Exhibit 7)[17] in the Highlands Area, whether in the Preservation Area
or the Planning Area.
[17]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Potential contaminant sources. Where any permitted use or structure
classified as a major or minor potential contaminant source (PCS)
(as listed at Appendix B or Appendix C)[18] is proposed to be located or expanded within a Wellhead
Protection Area, the standards of this subsection shall apply. These
conditions shall not be construed to waive or obviate any rules, regulations,
or other requirements pertinent to such uses that may derive from
outside agencies having jurisdiction, such as the NJDEP. The standards
of this subsection shall not apply to existing uses, but shall apply
to changes in uses or the expansion of existing uses.
(a)
Best management practices. All potential contaminant sources shall be designed in a manner that prevents the unintentional discharge of toxic or hazardous pollutants to groundwater, surface water bodies, or the land surface from internal areas, loading and storage areas, transfer areas, etc. Best management practices include but are not limited to: primary and secondary containment; and prevention of contact between pollutants and precipitation, stormwater and floodwaters. Any application involving a PCS shall be approved only upon demonstration that these provisions have been satisfactorily addressed. Such findings shall be based upon review and recommendations by a qualified professional (e.g., environmental engineer), unless the application is accompanied by one of the following permits and authorizations, any of which shall be considered equivalent to the best management practices of this article. As applicable to the PCS involved, these may also be submitted in lieu of an Operations and Contingency Plan, as otherwise required under Subsection I(3)(b), following.
[1]
A NJPDES permit approved by NJDEP pursuant to N.J.A.C.
7:14A;
[2]
An underground storage tank approved by NJDEP under
N.J.A.C. 7:14B;
[3]
A Discharge Prevention, Containment and Countermeasure
Plan (DPCC) approved by NJDEP pursuant to N.J.A.C. 7:1E;
[4]
A hazardous waste remedial action approved by NJDEP
pursuant to N.J.A.C. 7:26B, 26C, 26D or 26E, or by the United State
Environmental Protection Agency pursuant to the Resource Conservation
Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA);
[5]
A hazardous waste facility approved by NJDEP pursuant
to N.J.A.C. 26G;
[6]
Approval by the SCD of a Farm Conservation Plan or Resource System Management Plan pursuant to N.J.A.C. 2:92 [see Subsection J(4) below and Appendix F];
[7]
A solid waste facility approved by NJDEP pursuant
to N.J.A.C. 26H; and
[8]
A high-density Animal Waste Management Plan, an
Animal Waste Management Plan, or a Comprehensive Nutrient Management
Plan, as appropriate, developed pursuant to N.J.A.C. 2:91.
(b)
Operations and Contingency Plans. Unless one of the permits or approvals listed at Subsection I(3)(a)[1] through [8], above, is provided, as a condition of approval of any application involving a Potential Contaminant Source within a WHPA, the applicant shall prepare and obtain approval of an Operations and Contigency Plan in accordance with the requirements herein. No certificate of occupancy or approval (as appropriate) for the development shall be issued until or unless the qualified professional authorized to administer these provisions verifies that the Operations and Contingency Plan has been approved and is on file with the appropriate entities.
(c)
Approval of Operations and Contingency Plans. The proposed Operations
and Contingency Plan shall be submitted to the Board of Health (or
equivalent acting authority), Fire Department, Police Departments
and Office of Emergency Management, as applicable. These agencies
shall review and make any appropriate recommendations for approval
or modifications of the Operations and Contingency Plan. The applicant
shall incorporate the recommendations to produce a final document,
for review by the designated municipal professional and each of the
participating agencies. The designated municipal professional shall
coordinate the agencies' responses to ensure that the final plan addresses
all concerns of substance. Upon approval by the designated municipal
professional, the plan shall be filed with all applicable entities
and put into effect as indicated therein. In the event of any irreconcilable
issue in developing or finalizing the plan, it shall be provided as
proposed, to the reviewing Board, along with the recommendations of
the designated professional, the participating agencies, and the applicant
and applicant's agents and professionals. A decision by the reviewing
board shall be final.
(d)
Required content of Operations and Contingency Plans. An Operations
and Contingency Plan shall be developed, where required under this
article, for each potential contaminant source or group of potential
contaminant sources (where multiple sources exist within a single
facility owned and operated by a single entity) and shall address
the following elements. An Operations and Contingency Plan for a minor
potential contaminant source must demonstrate that the potential for
a significant discharge is minimized to the extent practicable. An
Operations and Contingency Plan for a major potential contaminant
source must demonstrate that the potential for a significant discharge
is the lowest technologically feasible:
[1]
Documentation of the major and minor potential
contaminant sources for the site;
[2]
Types and quantities of hazardous substances or
wastes that may be used, discharged or stored on site;
[3]
Means used to prevent the spillage, leakage or
discharge of such materials;
[4]
Means to be used to contain or remedy accidental
spillage, leakage, discharge or migration of such materials from the
site directly or indirectly into groundwater;
[5]
At a minimum, utilize best management practices as defined by Subsection I(3) and as specified by NJDEP and the United States Environmental Protection Agency, including but not limited to the regulations and guidance in the following areas: Discharge Prevention Containment and Countermeasures [N.J.A.C. 7:1E-4.2 (or most current)], Spill Prevention Control and Countermeasures [40 CFR 112.3 et seq.(or most current)], Stormwater and Non-point Source Pollution Control Best Management Practices Manual [NJDEP, April 2004 (or most current)];
[6]
Specific training of facility personnel to contain
or remedy accidental spillage, leakage, discharge or migration of
such materials from the site directly or indirectly into groundwater,
or surface water bodies or the land surface that provide recharge
to the underlying aquifer;
[7]
Procedures including a contact list and phone numbers
for notifying the appropriate administrative authorities, including
but not limited to NJDEP, the local fire and police, local office
of emergency management and the Board of Health, regarding any spillage
or discharge of such materials; and
[8]
Demonstration that the proposed facility is designed
to employ best management practices to the maximum extent feasible.
(e)
Conditions for Operations and Contingency Plan. An Operations and Contingency Plan for the following potential contaminant sources, where required under this article, shall not be required to meet the requirements of Subsection I(3)(d)[7] or [8], above, unless the designated professional determines that the potential contaminant source constitutes a significant threat to groundwater or water supply quality due to particular site conditions:
[1]
Individual subsurface disposal system (i.e., septic
system) leach field in Tier 2 or Tier 3 of a WHPA, or within a PGWRA;
[2]
Individual subsurface disposal system (i.e., septic
system) leach field where such systems are subject to a routine, mandatory
inspection and pumping schedule pursuant to Board of Health Ordinance;
[3]
Cemeteries that are closed to future interments;
[4]
Underground heating oil storage tanks with a capacity
of less than 250 gallons;
[5]
Sanitary sewer lines and manholes;
[6]
Stormwater infiltration basins for nonindustrial
land uses;
[7]
Dry wells for nonindustrial land uses;
[8]
Stormwater conveyance lines for nonindustrial land
uses; or
[9]
Any category of existing, proposed or replacement
major or minor potential contaminant source where the Operations and
Contingency Plan commits to having no potential contaminants stored,
discharged, manufactured or used on-site.
(f)
Confidentiality protections. Any information included in an
Operations and Contingency Plan which constitutes proprietary commercial
or financial information, or is otherwise protected from disclosure
under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act,
N.J.S.A. 47:1A-1 et seq., shall be held confidential by all local
entities participating in its review or implementation, subject to
the limitations set forth therein.
[18]
Editor's Note: Said appendix is included as an attachment to this chapter.
J.
Agricultural resources.
(1)
Findings. The Highlands Area contains fertile soils, receives plentiful rainfall, and is characterized by a moderate climate favorable to agricultural and horticultural production. The agricultural industry is vital to the state, the region and the community not only for local provision of agricultural products, but for the economic benefits associated with agricultural production and for maintenance of the rural character associated with agricultural lands. It is the intent of this section to promote sustainable agriculture (as defined at § 165-117.6B) in the Highlands Area by ensuring the long-term sustainability of agricultural resources and the viability of the agricultural industry. These provisions are intended to ensure a healthy agricultural environment and a sufficient agricultural land base, by protecting farmland and farm soils, promoting farmland preservation, and providing the allowances necessary to permit and support farming and farm operations.
(2)
Applicability. The provisions of this section apply to agricultural
and horticultural uses in the Highlands Area and to the lands of the
Agricultural Resource Area (Exhibit 8),[19] specifically. The Agricultural Resource Area (ARA) consists
of the areas of most concentrated and contiguous agricultural uses
in the Highlands Area and contains major areas of Important Farmland
Soils. These provisions shall apply to both the Preservation Area
and the Planning Area.
[19]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Agricultural Resource Area.
(a)
Agricultural and horticultural development. In accordance with the provisions of § 165-117.8B(1), above, permitted uses in the ARA include agricultural and horticultural uses (as defined at § 165-117.6B). Accessory uses permitted in conjunction with such uses include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses. The specific permitted uses and other applicable requirements pertaining to agricultural and horticultural development in the ARA include the following:
[1]
Permitted uses and accessory uses. Agricultural and horticultural development and uses shall be permitted in accordance with the provisions of Chapter 165, Land Use Regulations, and in consideration of the requirements of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[2]
Bulk and other requirements. Bulk and other requirements regulating agricultural and horticultural development and uses shall be applied in accordance with the provisions of Chapter 165, Land Use Regulations, and in consideration of the requirements of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
(b)
Residential development. Pursuant to § 165-117.8B(1), above, where the underlying zoning permits residential development within any portion of the ARA, the only form of such development permitted is residential cluster development in accordance with the provisions of § 165-117.11A, below, provided the minimum thresholds [see § 165-117.11A(6)] can be satisfied. Where such thresholds cannot be met, the allowances for residential development provided in the underlying Zoning Ordinance apply to applications for such development, subject to all density and resource protection requirements of this article. Lawfully existing residential development in the ARA that does not meet the cluster development requirements of § 165-117.11A, is permitted to continue; it remains under the regulations of the underlying Zoning Ordinance, and is not made nonconforming by the provisions of § 165-117.8B(1).
(c)
Other development. Where the underlying Zoning Ordinance provides for other permitted uses within the ARA, such uses shall remain as permitted uses, unless eliminated or reverted to a conditional or prohibited use by the other provisions of § 165-117.8B.
(4)
Conditions of approval. The approval of any application for
agricultural or horticultural development in the Highlands Area is
subject to specific requirements concerning the development and implementation
of farm conservation plans, as provided in this subsection.
(a)
Preservation Area. The approval of any proposal for agricultural
or horticultural development in the Preservation Area is subject to
specific requirements of the Highlands Act, as provided at Appendix
D, enforceable by the NJDA or the local Soil Conservation District
in accordance with the NJDA Agricultural Development in the Highlands
Rules (N.J.A.C. 2:92, Appendix E).
(b)
Planning Area. The approval of any proposal for agricultural
or horticultural development in the Planning Area is subject to the
specific requirements listed at Subsection J(10)(b)[1] through [3],
below, which are enforceable by the Highlands Council. As a condition
of any local approval, the owner or operator of the Farm Management
Unit or his/her agent shall be required to obtain a release from the
Highlands Council indicating that these requirements have been or
will, by formal agreement or other appropriate means, be satisfactorily
addressed. This condition shall be satisfied only by submission of
a copy of formal notice of such release issued by the Executive Director
of the Highlands Council. No permit(s) shall be issued and no land
disturbance in connection with the approval shall be permitted until
or unless this condition has been satisfied.
[1]
Farm Conservation Plan. The development and implementation of a Farm Conservation Plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the 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% but less than 9% to the total land area of a Farm Management Unit (as defined at § 165-117.6B above). Solar panels (as defined at § 165-117.6) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
[2]
Resource Management System Plan. The development and implementation of a Resource Management System Plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover by 9% or greater to the total land area of a Farm Management Unit (as defined at § 165-117.6B above). Solar panels (as defined at § 165-117.6) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
[3]
Plan requirements. Any Farm Conservation Plan required
pursuant to this section shall be prepared in conformance with Sections
III and IV of the June 1, 2005, NRCS New Jersey Field Office Technical
Guide (available electronically at http://www.nrcs.usda.gov/technical/efotg/),
as may be amended and supplemented by the NRCS, and shall include
all items required under N.J.A.C. 2:92-3.1, for same (see applicable
provisions at Appendix E).[20] Any Resource Management Systems Plan required pursuant
to this section shall be prepared in conformance with all sections
of the same Guide, inclusive of all items required under N.J.A.C.
2:92-4.1, as also provided in Appendix E.
[20]
Editor's Note: Said appendix is included as an attachment to this chapter.
(5)
Right to farm. Nothing in these provisions or in the whole of
this article shall be construed to alter or compromise the goals,
purposes, policies and provisions of, or lessen the protections afforded
to farmers by, the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1
et seq.), and any rules or regulations adopted pursuant thereto.
(6)
Approvals subject to outside jurisdiction. The provisions of
this section shall not be construed to alter or obviate the requirements
of any other applicable state or county laws, rules, or regulations,
including specifically N.J.A.C. 2:92, Agricultural Development in
the Highlands, as promulgated by the New Jersey Department of Agriculture,
or those of the SADC, the CADB, the Soil Conservation Districts, or
the NJDEP.
K.
Scenic resources.
(1)
Findings. The scenic resources of the Clinton Township Highlands
Area are part of the unique landscape that defines the Highlands Region.
These resources are essential to the character and aesthetic quality
of the Highlands Area and of the wider region. Protecting these resources
and maintaining the visual integrity and scenic beauty of noteworthy
viewsheds and natural and cultural features of significance in the
Highlands Region adds social, economic, and environmental benefits
to the community. It is the intent of these provisions to ensure the
protection of Highlands Area Scenic Resources, both from disturbances
that may alter or damage such resources directly, or by intrusion(s)
into scenic viewsheds that provide visual access to them, and of which
they are a part.
(2)
Applicability. The provisions of this section shall apply to
any development application involving property which is located either,
among those identified as containing a Highlands Scenic Resource pursuant
to Exhibit 9[21] (and listed as such in the Clinton Township Highlands
Element of the Master Plan), or which lies adjacent to any property
containing or partially containing such Resources. These provisions
shall apply to both the Preservation Area and the Planning Area.
[21]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3)
Referral to Highland Council required. Any development application involving a lot or lots covered by Subsection K(2), above, shall be neither deemed complete nor reviewed or considered by the municipal authority until or unless the proposal has been approved by the Highlands Council. Such authorization shall be in the form of a formal notification from the Executive Director of the Highlands Council, indicating by reference to specified plan drawings [including date, title, plan sheet number(s), and plan preparer] that the application has been approved by the Highlands Council and may proceed to the municipal review authority.
(4)
Exceptions. At such time as the municipality has, pursuant to
all applicable provisions of the MLUL (N.J.S.A. 40:55D-1 et seq.)
established an Historic/Scenic Resources Preservation Commission authorized
to survey, advise and make recommendations concerning scenic resources,
adopted an Historic/Scenic Resources Preservation Ordinance, listed
a resource included among the Highlands Scenic Resources (Exhibit
9)[22] in the Historic/Scenic Preservation Element of the Master
Plan, and by ordinance designated such resource as a historic/scenic
site or district in accordance with duly established criteria, referral
to the Highlands Council of a development application involving the
lot or lots on which such resource is located need not occur until
after completion of all facets of the local review have taken place,
and such referral shall instead be a condition of any approval of
the application.
[22]
Editor's Note: Said exhibit is included as an attachment to this chapter.
A.
Affordable housing. Nothing in this article shall be construed to waive, obviate, modify or otherwise exempt any covered development project, or any person proposing or involved in such project, from the applicable provisions of the municipal ordinances and any other regulations adopted consistent with the Fair Housing Act to ensure opportunity for low- and moderate-income housing. Neither shall the provisions of this article be construed to waive or exempt projects that include such housing from adherence to the requirements of this article. The provision of low- and moderate-income housing in Clinton Township shall be in accordance with Chapter 151, Housing, Affordable, of the Township Code.
B.
Low-impact development.
(1)
Applicability. The following provisions shall apply to all development
applications involving property in the Highlands Area, whether in
the Preservation Area or the Planning Area.
(2)
Standards.
(a)
Applicants shall demonstrate that the project design process
incorporates conservation design planning, including the following
steps:
[1]
Preparation of an existing features and site analysis
plan, including identification of Highlands Area resources and Resource
Areas;
[2]
Evaluation of site context through identification
of the physical and community character of the surrounding area;
[3]
Selection of open space conservation areas, where
applicable, that maximize the retention of resource values, provide
connections to existing trails, open spaces or greenways, and incorporate
natural features and characteristics as site amenities;
[4]
Establishment of development yield (e.g., residential, retail, office) and apportionment of septic system yield, net water availability, and water supply and sewer utility availability, as applicable, and in keeping with all density and intensity requirements of § 165-117.8C, above;
[5]
Lay out of building lots, if applicable, and incorporation
of low-impact development design techniques for site design, stormwater
management and resource protection; and
[6]
Incorporation of resource standards and smart growth
guidelines.
(b)
Development applications must achieve stormwater management in compliance with Subsection D, below, including the municipal stormwater management ordinance established in compliance with the municipal stormwater NJPDES permit under N.J.A.C. 7:14A and 7:8, and all applicable NJDEP standards and requirements.
(c)
Relief from the strict application of the provisions of the
underlying Township Land Use Ordinance applicable to site design shall
be considered where necessary to provide for incorporation of smart
growth principles and low-impact development techniques such as use
of shared parking and driveway areas, biofiltration swales, rainwater
capture and reuse, and reduced road or driveway widths. Where such
deviations will minimize or eliminate adverse impacts to Highlands
natural resources, these benefits shall be given significant weight
in the analysis of approval criteria.
(d)
The site preparation plan shall limit clearing, grading and
soil compaction to the minimum required to construct the project in
accordance with the approved plans, inclusive of area for construction
equipment maneuvering, while ensuring protection of mature trees and
habitat outside of the site development area.
(e)
Landscaping shall use native, drought-tolerant (other than where
used in rain gardens, biofiltration swales and other stormwater management
facilities), disease-resistant plants, allowing for natural landscaping
wherever feasible, and shall under no circumstances include invasive
species.
(f)
Building orientation and design shall be designed to take advantage
of micro-climate conditions, to the maximum extent feasible, to maximize
solar gain for winter heating, and to minimize solar gain during high
temperature summer conditions except where desirable for the construction
of solar energy systems. Other energy-efficient features shall be
considered and incorporated into site layouts and buildings, as appropriate.
(g)
The applicant shall ensure reuse and recycling of building materials,
to the extent possible, when development involves demolition.
(h)
All low-impact development features shall be maintained through
a monitoring and maintenance plan, with procedures for replacing such
features as necessary.
C.
Conservation restrictions.
(1)
Applicability. The following provisions shall apply to all applications
involving property containing any of the following Highlands Resources,
Highlands Resource Areas, or Special Protection Areas: forested portions
of the Forest Resource Area (delineated in accordance with Appendix
A), Highlands Open Waters, Highlands Open Waters buffers, Steep Slopes
(any area containing 5,000 square feet or more of contiguous Steep
Slopes, or any portion of such an area), Steep Slope Protection Area,
Critical Habitat, Prime Groundwater Recharge Area, and Lake Management
Area Shoreland Protection Tier. These provisions shall apply in both
the Preservation Area and the Planning Area; whether or not any disturbance
of such Resources or Areas is proposed; and regardless of the type
of application at issue (e.g., zoning or building/construction permit
application requiring prior resource review and approval, Highlands
Resource Permit application, application for development). These standards
shall also apply in the case of any specific requirement for a conservation
restriction as set forth by the provisions of this article. Nothing
herein shall be construed to preclude the imposition of conservation
restrictions in the case of Highlands Resources, Resource Areas, or
Special Protection Areas not listed above or where not specifically
required otherwise, where the approving authority or other applicable
authority finds that such restrictions are necessary to protect the
particular resource(s) at issue, or to ensure the public health, safety,
or general welfare of the community.
(2)
Standards. Approval of any application shall require that the applicant commit to and perfect a conservation restriction protecting the Highlands Resources, Highlands Resource Areas, or Special Protection Areas existing (or as remaining after an authorized disturbance) on the subject property in accordance with the requirements that follow. In the case of an application pertaining to a single-family home that is neither exempt nor excluded from this article, such restrictions shall be so drawn and described as to permit the future use of any underutilized portion of either the disturbed area coverage allowance or the impervious surface area allowance, provided as exclusions pursuant to § 165-117.5A(1), above.
(a)
The conservation restriction shall run with the land on which
the approved project is located, shall apply to all lots subdivided
from that land and sold or transferred to other persons, and shall
be binding upon the landowner and his or her successors in interest.
To ensure that notice of the conservation restriction is provided
to all present and future interested parties, the landowner or contract
purchaser receiving the approval shall:
[1]
Record the conservation restriction(s) in the office
of the County Clerk or Register, as applicable prior to commencement
of any work authorized under the approval; and
[2]
Ensure that a copy of the conservation restriction
is provided to the Highlands Council and to the Township Clerk with
a request that it be placed in the file for the lot containing the
approved project.
(b)
The conservation restriction(s) shall describe and include all
regulated features on the property, including any required mitigation.
The proposed easement(s) shall be depicted in the proposed plans,
inclusive in the case of major site plans and major subdivisions,
of plan notes specifying the location and construction of clear and
permanent on-site monuments, such as concrete posts, designed to minimize
the need for land clearing and avoid obstruction of wildlife movement.
(c)
The conservation restriction shall include either:
[1]
A survey and metes and bounds description of the
entire restricted area; or
[2]
A parcel plan showing the survey boundary lines to the full extent of the subject property, and indicating the limits of the existing disturbance area, any additionally approved disturbance area, and of any area excluded pursuant to § 165-117.5A(1), with the indication that no further development or disturbance shall be permitted; or
[3]
In the case of no proposed encroachment upon Highlands
Resources or Areas, and availability of Highlands Council GIS mappings
for all such resources and areas present upon the property, copies
of all such mappings applicable to the parcel.
(d)
In the case of preserved farmland or dedicated open space, the
conservation restriction shall be enforceable by the Highlands Council
and the municipality, and at least one of the following, as appropriate:
the SADC or CADB, the NJDEP Green Acres Program, or a qualified nonprofit
land trust organization. All such easements shall require periodic
monitoring to ensure that on-going land use and management practices
remain protective of the subject resources.
(e)
All other conservation restrictions shall be enforceable by
the municipality and, for Planning Area lands, by the Highlands Council,
and for Preservation Area lands, the NJDEP and the Highlands Council.
(f)
The language to be included in the conservation restriction
shall be reviewed and approved by the Township or Board Attorney,
as applicable.
(3)
Deed notice for exemptions. In the case of any municipal exemption
determination authorized pursuant to § 165-117.12A(2)(b)[1][b]
below, filing of a fully executed, certified deed notice shall satisfy
the requirements that the balance of the property be protected from
future disturbance, provided it incorporates each of the components
listed herein.
(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 consist
of less than one acre and 1/4 acre, respectively;
(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.
D.
Stormwater management.
(1)
Applicability. The provisions of this section shall apply to
any development application involving property in the Preservation
Area or the Planning Area, with the exception of any application requiring
NJDEP issuance of an HPAA for major Highlands development in the Preservation
Area.
(2)
Standards.
(a)
Carbonate Rock Areas. Stormwater management plans shall be provided in connection with any application proposing development within a Carbonate Rock Area. Such plans shall be in full compliance with the provisions of § 165-117.9E above, and shall be approved only upon demonstration that potential hazards to public health and safety, structures and groundwater quality due to concentrated surface water flows that dissolve carbonate rock have been eliminated or otherwise addressed to the satisfaction of the reviewing engineer (or qualified professional). Development plans must indicate the means and methods by which such discharge shall be mitigated, with the maximum emphasis on use of nonstructural measures and avoidance of modifications to the karst features. Waivers requested from any applicable section of the required stormwater management rules promulgated under N.J.A.C. 7:8 and/or Article XXXV of the Clinton Township code due to development within a Carbonate Rock Area shall be mitigated as stipulated in the design standards of Article XXXV of the Township Code and/or N.J.A.C. 7:8 for a Major Development.
(b)
Beneficial stormwater reuse. Development applications involving
water demands for recreational uses, nonagricultural irrigation, and
other nonpotable uses shall demonstrate maximum practical stormwater
reuse to minimize both the volume of stormwater discharges and the
water demand sought for such purposes.
(c)
Regional stormwater plans. The stormwater management aspects
of any development plan shall comply with all applicable components
of any regional stormwater management plans adopted by NJDEP pursuant
to N.J.A.C. 7:8 and N.J.A.C. 7:15.
(d)
Total maximum daily loads (TMDLs). Applications shall be designed
in compliance with any TMDL adopted by NJDEP (pursuant to N.J.A.C.
7:15) that has also been adopted by the municipality in compliance
with the municipal stormwater management ordinance as established
pursuant to the municipal stormwater NJPDES permit under N.J.A.C.
7:14A and 7:8.
(e)
Prime Groundwater Recharge Areas. Where disturbance of Prime Groundwater Recharge Area (PGWRA) is permitted under § 165-117.9H, above, the applicant shall demonstrate compliance with all provisions of §§ 165-117.8B and 165-117.9I, above.
(f)
Water quality. To the maximum extent feasible, the plan shall ensure recharge of clean stormwater rather than contaminated stormwater. Where runoff from contaminated areas is unavoidable, the applicant shall incorporate low-impact development (see Subsection D(2)(h), below) and other best management practices standards to minimize the discharge of stormwater-entrained pollutants to ground and surface waters.
(g)
Wellhead Protection Areas (WHPA). Any stormwater management structure located within a WHPA shall be permitted only in compliance with the provisions of §§ 165-117.8B and 165-117.9I, above.
(h)
Low-Impact Development (LID). To the maximum extent feasible,
LID techniques shall be incorporated into the design of all development
proposals, to preserve, mimic and enhance the natural hydrologic cycle,
drainage patterns and natural land cover existing on the site, including
but not limited to:
[1]
Implementation of on-site stormwater management
features that maintain, restore and enhance the preexisting natural
drainage patterns of the site;
[2]
Achievement of an on-site stormwater capture performance
standard of 80% for average annual precipitation, using low-impact
development design techniques preferentially, and structural stormwater
measures only to the extent necessary;
[3]
Limitations on the amount of impervious cover on
a site as a means to protect and increase stormwater infiltration
and reduce stormwater runoff;
[4]
Use of a "design with nature" approach where natural
features are used or enhanced to achieve management of runoff volume,
rate and quality of stormwater;
[5]
Use of grass channels, dry swales, wet swales,
infiltration basins, bio-swales and water gardens, green roofs, and
other low-impact approaches to attenuate and control stormwater and
provide multiple environmental benefits; and
[6]
Minimization of: a) disturbances to natural vegetation
and topography; b) exposure of stormwater runoff to pollutant-generating
land uses; and c) alterations in the hydrologic response to precipitation
through natural patterns.
[7]
Integration of stormwater management design features
with public spaces, existing and proposed landscape features, and
buffers, to the extent applicable.
E.
(Reserved)
F.
Septic system design and maintenance. The requirements herein apply
to proposed development activities reliant upon installation of individual
subsurface septic disposal systems, regarding the proper operation,
design, development, monitoring, placement and maintenance of septic
systems.
(1)
The design of septic systems shall be in compliance with the
Standards for Individual Subsurface Sewage Disposal Systems at N.J.A.C.
7:9A and any applicable Board of Health Ordinance and shall be subject
to approval of the Board of Health.
(2)
All applications shall demonstrate that the proposed plan incorporates
the applicable requirements of N.J.A.C. 7:9A with respect to soils
suitability, location, size, and separation distances.
(3)
All applications proposing new septic systems shall incorporate
reserve septic system disposal areas for each septic system, which
are sufficient with respect to soils suitability, location and size
to meet the requirements of N.J.A.C. 7:9A, to ensure the long-term
viability of septic systems in new development.
(4)
Any application proposing a new septic system (or systems) shall
be conditioned upon filing of a deed restriction(s) or deed notice(s)
protecting the delineated location(s) of the reserve septic system
disposal field(s), prohibiting the placement thereon of any permanent
structure(s), preserving the area (and its soils) for future installation
of a replacement disposal field, and requiring that it be shown on
all plans and referenced within any future applications for permits
or improvements to the property.
(5)
All new individual septic disposal systems shall be subject
to any applicable septic system management and maintenance requirements
of the Board of Health, including those established in the Board of
Health Ordinance and in compliance with the standards for septic system
maintenance in the Water Quality Management Planning Rules, N.J.A.C.
7:15.
(6)
The application shall demonstrate compliance with any Board
of Health Ordinance and any other Board of Health ordinances to achieve
the maintenance of existing and new septic systems.
(7)
New development proposing to use septic systems shall be designed
in a manner that ensures that untreated well water meets state drinking
water quality standards for non-natural contaminants and minimizes
the risk of well contamination due to the flow of septic systems plumes
within or between developed lots, addressing general background water
quality and flow patterns, major fracture systems and other appropriate
geological, geophysical and hydrogeological issues.
G.
Public water systems. The creation or expansion of any public water system, as permitted in the Existing Community Zone or any approved Highlands Center within the Planning Area (pursuant to § 165-117.8C(7), above) shall comply with the following requirements:
(1)
Estimation of need. Development water supply demands shall be
calculated based on maximum summer month demand and on annual average
demand using demand factors in N.J.A.C. 7:10, Safe Drinking Water
Regulations.
(2)
Water resource transfers. Applicants shall demonstrate that
under the proposed action either:
(a)
No new or increased water transfer between subwatersheds will
occur; or
(b)
No other option exists to meet public health, safety and welfare objectives, and where such transfers do occur, they are in full compliance with the requirements of § 165-117.9G above (Water conservation and deficit mitigation), including limitations on demands on the source subwatershed.
H.
Wastewater collection and treatment systems. The creation or expansion of any wastewater collection and treatment system, as permitted in the Existing Community Zone of the Planning Area (pursuant to § 165-117.8C(7), above), shall comply with the following requirements:
(1)
WQMP consistency. The proposed system shall be consistent with
the relevant Areawide Water Quality Management Plan adopted by NJDEP
pursuant to N.J.A.C. 7:15.
(2)
Prohibitions. Expansion of sewer service areas shall not be
permitted for existing wastewater collection and treatment systems
that are non-compliant with NJPDES permit requirements for effluent
quality.
(3)
Estimation of need. Development wastewater demands shall be
calculated based on maximum three-month demand and on annual average
demand using demand factors in N.J.A.C. 7:14A or N.J.A.C. 7:9A as
appropriate.
(4)
Water resource transfers. Applicants shall demonstrate that
under the proposed action either:
(a)
No new or increased water transfer between subwatersheds will
occur; or
(b)
No other option exists to meet public health, safety and welfare objectives, and where such transfers do occur, they are in full compliance with the requirements of § 165-117.9G above (Water conservation and deficit mitigation), including limitations on demands on the source subwatershed.
A.
Residential cluster development.
(1)
Findings. The intent of this section is to provide for cluster and conservation design development (hereinafter referred to as cluster development) consistent with Clinton Township's Land Use Plan Element of the Master Plan and as defined at § 165-117.6B. Cluster development is a development design technique under which principal buildings and structures are grouped together on a portion of the Cluster Project Area, while the remaining land area is permanently deed-restricted in agricultural use, for conservation of natural resources, or as open space for environmental protection including public recreational use. Cluster development allows flexibility in the design and layout of development projects, providing opportunity for new construction while addressing other priorities, such as: protecting environmentally sensitive areas, preserving large contiguous areas of open space and agricultural land, supporting the continuation of existing agricultural and/or horticultural land uses, and developing attractive residential development consistent with community character.
(2)
Applicability. Provisions of this section shall apply to all lands in the ARA, including that in both the Preservation Area and the Planning Area, as provided at § 165-117.7C(11) and as designated in the map entitled "Agricultural Resource Area" (Exhibit 8). The permitted principal residential use for any underlying municipal Zoning District in the ARA which permits single-family, townhouse or multifamily residential development as a principal use is restricted solely to cluster development in accordance with § 165-117.8B(1)(b), which incorporates all provisions of this section. Approval of all residential cluster development within the ARA shall be conditioned upon approval by the Highlands Council in accordance with the Highlands Council Cluster/Conservation Design Development Guidelines. Cluster development within the ARA shall be consistent with the Master Plan and the provisions of this article by supporting the preservation of farmland, avoiding conflicts with agriculture, maintaining and enhancing the sustainability and continued viability of the agricultural industry, protecting Important Farmland Soils, and meeting the management and protection provisions of this article for Highlands Area Resources. Where any provision of this section is in conflict with another provision of this article, the provisions of § 165-117.11 shall supersede such other requirement(s).
(3)
Cluster Project Area standards. The Cluster Project Area (as defined at § 165-117.6B, Definitions) includes all of the individual parcels from which development is clustered, including the area set aside for preservation and the area set aside for development. A major Highlands development in the Preservation Area that proposes or is required to use cluster development shall comply with § 165-117.5B. Residential cluster development shall be implemented in accordance with the Highlands Council Cluster/Conservation Design Development Guidelines, incorporated by reference herein, and shall incorporate the provisions below for the Cluster Project Area. The use of clustering in Highlands Zones or Sub-Zones having a high concentration of environmentally sensitive resources will be limited. The use of noncontiguous clustering, wherein the development rights of noncontiguous parcels are aggregated for use upon a single parcel (or group of adjacent parcels) suited to cluster development, shall be permitted and is encouraged where it affords a higher level of protection to Highlands Resources and Resource Areas than would otherwise be the case. Land management and stewardship, including best management practices and conservation and/or management plans, for the Cluster Project Area shall be subject to the provisions of § 165-117.9 for all Highlands Area Resources including, but not limited to, protection, restoration, maintenance and mitigation, as applicable. In no circumstance shall the gross yield, density, and intensity of any proposed cluster project exceed the gross yield, density, or intensity otherwise permitted under the Land Use Regulations Ordinance of Clinton Township.
(4)
Preservation set aside of Cluster Project Area standards.
(a)
The area set aside for preservation in a Cluster Project Area shall comprise at least 80% of the total Cluster Project Area and shall be preserved in perpetuity for agricultural use, public passive open space or for protection of environmental resources. If the Cluster Project Area is served by a public or community on-site wastewater system, the area set aside for preservation shall comprise at least 90% of the Cluster Project Area to the maximum extent this is feasible. All land preserved in perpetuity shall require a conservation restriction that complies with § 165-117.10B and is enforceable and monitored by the Highlands Council, the Township, and, where requested by the Highlands Council; for environmental protection, the NJDEP Green Acres or a qualified land trust nonprofit organization, or for agricultural use, the CADB or the SADC. All preservation set asides shall be deed-restricted against further subdivision and shall consist of one contiguous parcel, to the maximum extent feasible, unless noncontiguous clustering is utilized.
(b)
When agricultural resources are preserved the following provisions
shall apply:
[1]
The most productive Important Farmland Soils, determined
in accordance with NRCS USDA soil survey data, NJDA and the local
SCD shall be given priority in determining the area set aside for
agricultural preservation within the Cluster Project Area.
[2]
The conservation easement or deed restriction and
a legally enforceable homeowner's agreement, where applicable, shall
include Right to Farm Act provisions.
[3]
Retention of the original farmstead or construction
of new farmsteads associated with preserved agricultural lands in
cluster developments shall be permitted.
[4]
The preserved portion of the Cluster Project Area
shall be buffered appropriately to avoid conflicts between agricultural
operations and adjacent development, including the developed portion
of the Cluster Project Area, and to facilitate compliance with Township
Right to Farm regulations.
[5]
This article supports sustainable agriculture (as defined at § 165-117.6B and consistent with the Master Plan) and requires the implementation of best management practices on the agricultural land, including as a condition of any approval, development and implementation of a Farm Conservation Plan (as defined at § 165-117.6B and described at § 165-117.9J(4) that addresses the protection of water and soil resources, prepared by the USDA NRCS, TSP, appropriate agent or NJDA staff, and approved by the local SCD.
[6]
Community supported agriculture businesses shall
be permitted within the preserved portion of the Cluster Project Area
to allow homeowners to take advantage of local agricultural goods
and services and to enhance the viability of the agricultural industry.
[7]
Requirements (e.g., bulk standards) applicable to agricultural development shall be as provided for other agricultural uses at § 165-117.9J(3).
(c)
When natural resources or open space are protected the following
provisions shall apply:
[1]
Cluster development shall meet the resource management and protection requirements of the Highlands Area Resource provisions at § 165-117.9 and shall be consistent with the policies of the Master Plan.
[2]
Where high-value natural resources are preserved,
the conservation easement or deed restriction shall prohibit active
recreational uses and facilities, and only allow minimal passive recreational
uses dependent upon the nature of the resources.
[3]
Passive recreational trails shall be allowed provided
they do not disturb habitat and shall be natural landscape trails
constructed using native pervious materials or impervious materials
in the Planning Area. Where feasible, such passive recreational trails
shall link to existing federal, state and local trail systems, greenways
and parks.
[4]
Buffering techniques, management and stewardship
of natural resources, and site design for the Cluster Project Area
shall be used, where feasible, to enhance the existing natural resources
protected within the Cluster Project Area.
(5)
Development set aside of cluster project area standards.
(a)
Cluster development shall be designed to avoid or minimize disturbance
of natural resources and agricultural resources (including ARAs) of
the Highlands Region in compliance with the provisions of this article.
(b)
The total area set aside for development in the Cluster Project Area
shall not exceed 20%. To the maximum extent feasible, the developed
area of the Cluster Project Area shall occupy no more than 10%, if
the project area is served by a public or community on-site wastewater
system.
(c)
Cluster development yields for sites with on-site waste disposal systems shall be based on the septic system yields for the Cluster Project Area at a maximum, as established at § 165-117.8C(5), or at the development density allowed under Clinton Township zoning, whichever is more restrictive. Sites served by a public sewer system shall have density yields as prescribed in the Clinton Township Land Use Regulations Ordinance. This provision shall not apply in the event of an application approved by the Highlands Council involving the use of Highlands Development Credits, where adequate infrastructure is available, and the development is consistent with the provisions of this article at § 165-117.8C.
(d)
Water and wastewater availability, expansion, or creation for cluster development shall be in compliance with § 165-117.8C(6) through (8) and shall meet the resource management and protection provisions of this article.
(e)
Cluster residential development proposing to use septic systems shall be designed in compliance with § 165-117.8C(5) and shall meet the resource management and protection provisions of this article.
(f)
All infrastructure, open space and utilities necessary to support
the residential cluster development shall be located within the development
set-aside of the Cluster Project Area (i.e., streets, common open
space areas, wastewater facilities and stormwater management). However,
site disturbance for and the installation of utilities shall be permitted
to extend from the Cluster Project Area through the conservation set-aside
as determined to be necessary, subject to Clinton Township review
and approval.
(g)
Where a municipality has developed and the Highlands Council has
approved a plan for the aggregation of cluster developments to minimize
the potential for dispersed clusters, the cluster development shall
be consistent with such plan.
(h)
Cluster development shall incorporate smart growth principles where
feasible, including, but not limited to: a mix of land uses; compact
building design; walkable neighborhoods; a range of housing opportunities
and choices; foster distinctive communities with a strong sense of
place using design techniques illustrated in the Highlands Cluster/Conservation
Design Development Guidelines; preserve critical natural and agricultural
resources; direct development towards existing infrastructure (i.e.,
water, wastewater, transportation, and community facilities); provide
a variety of transportation choices (i.e., pedestrian, bicycle automobile,
bus, rail); and encourage community and stakeholder collaboration
in development decisions.
(i)
Cluster development shall incorporate LID techniques, as set forth at § 165-117.10B.
(j)
Cluster development shall be designed to maintain the Highlands rural, scenic and historic character and shall consider and harmonize with existing community character with respect to architectural style, scale, massing and arrangement of buildings. Protection of Highlands Scenic Resources (Exhibit 9) shall be considered and incorporated consistent with the provisions at § 165-117.9K. Primary criteria for site design decision-making shall include protection of existing resources and minimization of negative impacts.
(k)
All buffers and setbacks shall consider and incorporate or harmonize
with existing natural, agricultural, historic and scenic resources
and with community character. Buffers and setbacks shall be designed
to consider and harmonize with the Cluster Project Area and adjacent
existing development. Existing natural resources and vegetation (e.g.,
hedgerows/trees, woodlands or forest, wetlands, streams) shall be
retained and may be enhanced as buffer features whenever feasible.
Where the cluster development is integrated into an existing neighborhood
or center-type development, the developed area of the cluster shall
be located behind an existing hedgerow (mature trees) or screened
with a new buffer as appropriate, such as a thickly planted berm of
native trees or shrubs that is landscaped in such a manner as to resemble
existing woodlands.
(l)
Site disturbance shall be restricted to clearing, grading, provision of stormwater management facilities and installation of utilities to the minimum extent necessary to make reasonable use of the designated building envelopes and parking and circulation areas, including but not limited to compliance with LID requirements at § 165-117.10B and retention of existing mature trees.
(m)
Cluster development shall be configured to minimize impervious coverage.
(6)
Residential development standards. Residential cluster development,
including single-family, townhouse and multifamily development, shall
be tailored to the characteristics of the site and its environs, and
shall be designed to avoid or minimize disturbance of existing Highlands
Area Resources. The following standards shall apply to residential
cluster development projects.
(b)
Net density/intensity threshold requirements.
[1]
New single-family residential cluster development shall be subject to a net septic system density limitation, calculated on the basis of the developed portion of the Cluster Project Area [as provided at § 165-117.8C(5)]. Such density (acres per septic system) shall comply with a nitrate dilution target for the developed portion of the Cluster Project of 10 mg/L or less.
(c)
Where new single-family, townhouse and multifamily residential development
are proposed to rely on existing wastewater utilities the density
and intensity standards shall be in compliance with the Clinton Township
Land Use Regulations Ordinance.
[1]
Minimum unit number threshold requirement. Application of the
acreage and density/intensity requirements of Subsection F(1) and
(2), above, shall yield a minimum of four dwelling units.
(d)
Other requirements. All other requirements for residential development, including, but not limited to, bulk standards and accessory building and use requirements shall be as required pursuant Chapter 165, Land Use Regulations. Cluster development within the Preservation Area may be restricted beyond these requirements, by applicable provisions of NJDEP Preservation Area Rules (e.g., 3% maximum impervious coverage).
A.
Application procedures. All procedural requirements regarding applications
for zoning permits, construction permits, certificates of occupancy
or approval, variance relief, site plan approval, subdivision approval,
interpretations, appeals, and any other such application in the Highlands
Area shall remain in effect as provided pursuant to the underlying
municipal land use ordinances and other applicable codes and regulations
in effect at the time of the application, except to the extent these
may be modified by the provisions set forth herein.
(1)
When required. All requirements stipulating the circumstances
under which such permits or approvals are required, as set forth by
the underlying municipal zoning and land use ordinances, and any other
applicable codes and regulatory requirements shall remain in full
force and effect for the Highlands Area as provided pursuant to such
regulations, inclusive of the specific definitions used therein to
classify applications for review and consideration by the appropriate
municipal authority, including but not limited to such terms as: "major
site plan," "minor site plan," "major subdivision," "minor subdivision,"
"use variance," "conditional use variance," "change in use," "bulk
variance," "zoning permit," and "building permit." In the event that
the underlying municipal land use ordinances do not require issuance
of a permit or other approval for any activity, improvement, or development
project covered under the provisions of this article, a Highlands
Resource Permit shall be required in accordance with the provisions
of Subsection A(6), below.
(2)
Highlands Act exemptions. Pursuant to § 165-117.5A(1)(d) any application proposing an activity, improvement or development project that qualifies as a Highlands Act Exemption is exempt from the requirements of this article. Any applicant asserting same, shall, as a condition of application completeness, and in any case prior to municipal review or approval of the application, provide evidence that the proposal qualifies as a Highlands Act Exemption as provided under either Subsection A(2)(a) or (b), below.
(a)
State agency determination. State agency determinations shall be required for all applications involving exemptions not listed and covered by the provisions at Subsection A(2)(b), below. State agency determinations shall include either a Highlands Applicability Determination issued by the NJDEP for a Preservation Area proposal, or an 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.
(b)
Municipal determination. In the case of an application involving
any of the specific exemptions listed in this subsection, the applicant
may request and shall be deemed to have satisfied the evidentiary
requirement by obtaining a Municipal Exemption Determination indicating
that the proposal qualifies as a Highlands Act Exemption. By authorization
of the Highlands Council (for Planning Area exemptions) or the NJDEP
(for Preservation Area exemptions) regarding these specific exemptions,
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 an Exemption Determination issued by the
Highlands Council, or of a HAD issued by the NJDEP. Exemptions eligible
for Municipal Exemption Determination shall include those listed below.
[1]
Planning Area Exemptions. Effective as of the date
on which the municipality receives written authorization from the
Highlands Council to proceed, the following Highlands Act Exemptions
shall be subject to Municipal Exemption Determination:
[a]
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. (Note: the Highlands Act defines "an immediate family member"
as 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.")
[b]
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.
[i]
Municipal Exemption Determinations authorizing applicants to proceed under Highlands Act Exemption 2 shall require approval and filing of either a deed notice or conservation restrictions providing for the protection of the balance of the applicant's property, beyond the designated disturbance area of less than one acre, in accordance with the requirements of § 165-117.10C of this article, "Conservation restrictions." Review and approval of proposed deed notice or conservation restrictions shall occur as provided at § 165-117.10C of this article, with the costs for review and approval of same provided by the applicant in accordance with the escrow requirements of § 165-117.12C as applicable to conservation/deed restrictions. Municipal Exemption Determinations in such instances shall not take effect until or unless the applicant has provided proof of filing of the approved deed restrictions.
[c]
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.
[i]
For purposes of this article, 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 1/4 acre limitation.
[ii]
For purposes of this article, the applicable date
of lawful existence shall coincide with the date of enactment of the
Highlands Act, or August 10, 2004.
[iii]
For purposes of this article, these provisions
shall not be construed to exempt any change in use of such reconstructed
building or structure from the applicable provisions of this article.
[d]
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.
[e]
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.
[f]
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 the normal harvesting of forest products in accordance with a forest
management plan approved by the State Forester.
[g]
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.
(c)
Procedures. Municipal Exemption Determinations shall be issued by the Exemption Designee, as indicated at Subsection A(2)(d), below, within 30 days of receipt of a request for same. In no case shall failure to meet this date constitute approval of the exemption.
[1]
Requests for Municipal Exemption Determination
shall be submitted on forms provided by the Clinton Township Planning
Department and shall be accompanied by sufficient information and
documentary evidence to demonstrate whether or not the proposed activity,
improvement or development project qualifies, in all respects, with
the applicable exemption. Required submission materials applicable
to each exemption, appear below. The applicant shall provide a copy
of the full application to the Highlands Council, as instructed within
the form.
[2]
Insufficient or incomplete information shall form
the basis for a finding that the proposal is not qualified as a Highlands
Act Exemption. Nothing shall preclude the applicant in such an instance
from resubmission of the application. In addition, where the Exemption
Designee has determined that the required information is not extensive,
s/he may authorize the applicant to provide supplemental materials
under the same application, subject to the applicant's agreement to
an extension of time for review of the application not to exceed an
additional 30 days from the date of receipt of materials. The Exemption
Designee may consult with the Executive Director (or applicable designee)
of the Highlands Council as needed in making any exemption determination.
(d)
All Municipal Exemption Determinations shall be provided in
writing, shall indicate the findings of the Exemption Designee, and
shall include a statement of the rationale for the final decision,
whether approving or denying the exemption request. All Municipal
Exemption Determinations shall include the effective date of the Determination,
which shall occur on the 20th day after the date of issuance provided
it is not modified or rejected in the interim by the Highlands Council.
The Exemption Designee shall provide copies of all Municipal Exemption
Determination to the Highlands Council within five business days of
issuance.
(e)
Exemption Designee. Municipal Exemption Determinations regarding
Highlands Act Exemptions shall be issued by Clinton Township's official
designee.
(f)
Appeal of findings. The decision of the Exemption Designee may
be appealed by any affected party in accordance with the provisions
of the underlying land use ordinance, pursuant to N.J.S.A. 40:55D-70(a).
(g)
Submission requirements. All applications shall be accompanied
by 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 (N.J.S.A. 40:55D-1 et seq.) and Title 13 of
the New Jersey Administrative Code, Law and Public Safety.
[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 does 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;
[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; and
[d]
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.
[2]
Exemption 2.
[a]
A copy of the recorded deed or plat showing that
the lot was created 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 to cover the balance of the lot.
[3]
Exemption 3.
[a]
A parcel plan certified by a licensed New Jersey
Professional Engineer depicting:
[i]
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
existing on the site as of August 10, 2004; and
[ii]
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading;
[b]
Photographs keyed to the site plan; and
[c]
A copy of any official documentation indicating
the original date of construction of the building or otherwise establishing
the lawfulness of existing impervious surfaces.
[4]
Exemption 4.
[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 5.
[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:
[i]
All existing property improvements including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
[ii]
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading; and
[d]
A certificate of occupancy for existing buildings
on the property.
[6]
Exemption 6.
[a]
For a private landowner with an approved woodlot
management plan:
[i]
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;
[ii]
A brief description of the total area of woodlands
that is the subject of the approved woodland management plan;
[iii]
A brief description of the length of time that
the area to be managed has been in use for woodland management; and
[iv]
A copy of the approved woodland management plan.
[b]
For a forest management plan approved by the State
Forester:
[i]
A brief description of the total area where the
normal harvesting of forest products occurs;
[ii]
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
[iii]
A copy of a forest management plan approved by
the State Forester.
[7]
Exemption 7.
[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, including the language establishing the conservation
or recreational use easement on the property.
(3)
Approvals subject to compliance. Approval of any land use-related application pertaining to the Highlands Area, whether a zoning permit application, building permit application, application for development (as defined at § 165-117.6B), or any other such application, unless deemed a Highlands Act Exemption pursuant to Subsection A(2) above, is subject to compliance with the provisions of this article. Prior to any such approval, the reviewing entity shall ensure that the proposed activity, improvement or development project that is the subject of the application under its jurisdiction is either in full compliance with all applicable provisions of this article; has received approval(s) from the entity or entities authorized to grant relief from such provision(s); or by its conditioned approval, where permitted herein, will remain subject to the issuance of such approval(s) from the entity or entities authorized to consider and issue such relief, with such approval(s) to issue prior to any land disturbance related to the proposed activity, improvement or development project.
(a)
Building/construction permit applications. Demonstration of
compliance with all applicable provisions of this article shall be
required as a prior approval to the issuance of any building permit.
Proof of such compliance shall be provided in writing, as issued by
the applicable reviewing authority or authorities, including but not
limited to the Clinton Township Zoning Officer, Planner, Engineer,
Planning Board, Zoning Board of Adjustment, Board of Health, Health
Department.
(b)
Zoning permit applications. Demonstration of compliance with
all applicable provisions of this article shall be required prior
to the issuance of any zoning permit or zoning approval. Where a finding
of compliance requires authority or professional expertise outside
the purview of the Zoning Official, such proof shall be provided in
writing by the applicable reviewing authority or authorities, including,
but not limited to, the Clinton Township Planner, Engineer, Planning
Board, Zoning Board of Adjustment, Board of Health or other Township
department or professional qualified to render such decisions. In
such instances, receipt of such findings of compliance shall constitute
mandatory prior approvals to the issuance of any zoning permit or
approval.
(c)
Applications for development. Prior to granting any approval of an application for development, the Planning Board or Zoning Board of Adjustment, as applicable, shall make specific findings of compliance with regard to the applicable provisions of this article, such findings assisted by the advice and recommendations of the reviewing Board's professionals, including but not limited to the Board Planner, the Board Engineer, and any specialist, expert or other consultant engaged by the Board to assist in any field of specialization. The reviewing Board shall attach certain conditions to any such approval as provided at Subsection B(3) below, but is by no means limited solely to these in making its determination on an application.
(4)
Applications requiring Highlands Council approval. For any application
listed in this subsection, authorization by the Highlands Council
and Clinton Township shall be obtained prior to a finding of application
completeness, and prior to any review or approval of the application
by the applicable municipal authority or as a condition of approval
by the applicable municipal authority. It is at the discretion of
the developer whether to seek Highlands Council and Township approval
pertaining to this subsection prior to or after a development application
with the appropriate Township authority. In all such cases, applications
shall be filed with the Highlands Council in accordance with the established
submission and procedural guidelines.
(a)
Critical Habitat. Any application proposing disturbance of an area designated as Critical Habitat (excluding any for which an HPAA has been issued by the NJDEP) pursuant to § 165-117.9D.
(b)
Scenic Resources. Any application involving property which is located either, among those identified as containing a Highlands Scenic Resource (Exhibit 9), or which lies adjacent to any property containing or partially containing such resources pursuant to § 165-117.9K.
(c)
New/extended utility infrastructure. Any application proposing installation of new or extended water supply or wastewater collection/treatment utility infrastructure in any Planning Area Zone or Sub-Zone other than: a) the Existing Community Zone (excluding the Existing Community Environmentally Constrained Sub-Zone), b) Lake Community Sub-Zone, pursuant to § 165-117.8C(7), or c) Cluster Development pursuant to § 165-117.11A.
(d)
Net Water Availability. Any application proposing the use of
Net Water Availability (excluding any for which an HPAA has been issued
by the NJDEP), unless a Water Use and Conservation Management Plan
has been approved by the Highlands Council.
(e)
Conditional water availability. Any application proposing the
use of Conditional Water Availability involving subwatershed in a
Current Deficit Area (excluding any for which an HPAA has been issued
by the NJDEP), unless a Water Use and Conservation Management Plan
has been approved by the Highlands Council.
(5)
Findings of compliance. With regard to any application, or any
specific aspect of an application for which the Highlands Council
or the NJDEP has explicitly issued an approval, the applicable reviewing
authority shall find that, to the extent the approval specifically
addresses the provisions of this article, the applicant has demonstrated
compliance. Such approvals shall not be construed to waive or obviate
other applicable provisions of this article or of any other applicable
municipal or non-municipal ordinances, regulations or requirements.
With respect to all other findings of compliance, the provisions of
this subsection shall apply.
(a)
Professionals required. Findings of compliance with the provisions of this article shall be provided only by individuals qualified to review and make such determinations. In many but not all instances these shall require licensed, certified or otherwise qualified professionals such as scientists, engineers, planners or geologists. Fee and escrow requirements associated with applications requiring approval under this article shall reflect the reasonable anticipated expenses associated with processing and reviewing such applications, as provided at Subsection C below. The following professionals (where the term "professionals" is 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) shall, to the extent of their applicable licensure, certification, or other appropriate qualifications, be authorized to review and provide findings pursuant to this article, and shall be designated as required, by the Township Council or reviewing Planning Board or Zoning Board of Adjustment, as applicable:
[1]
Use, density, intensity and other bulk requirements:
professional planner; professional engineer; Zoning Officer.
[2]
Forest resources: certified tree expert; forester;
forest scientist/ecologist; environmental scientist.
[3]
Highlands Open Waters, Riparian Areas, and Lake
Management Areas: limnologist; wetlands or riparian scientist/ecologist;
environmental scientist; environmental engineer (as required for Water
Quality Management issues).
[4]
Steep Slopes: professional engineer; geologist;
topographic surveys: licensed land surveyor.
[5]
Carbonate Rock Areas: geotechnical engineer; geologist;
other professional engineer or geological expert qualified and experienced
in geological/geotechnical aspects of development.
[6]
Water Conservation and Deficit Mitigation, Prime
Groundwater Recharge Areas, Wellhead Protection Areas, stormwater
management: hydrogeologist; professional engineer; water resources
engineer; environmental engineer; and environmental scientist qualified
and experienced in applicable areas.
[7]
Low-impact development: landscape architect, professional
engineer; environmental engineer; professional planner; environmental
scientist qualified and experienced in applicable area.
[8]
Conservation/deed restrictions: Attorney.
(b)
Zoning and building/construction permit applications. Where a zoning or building/construction permit application (or request for approval) is not preceded by an application for development under the purview of the Planning Board or Zoning Board of Adjustment, the reviewing official shall rely upon the determination(s) of the individual designated in Subsection A(5)(a), above, for findings of compliance with respect to the applicable provisions of this article.
[1]
All determinations by the qualified professional
shall be determinative in the disposition of any zoning or building/construction
permit application with respect to required prior approvals.
[2]
Where the professional determines that an approval
may be granted subject to certain conditions, such conditions shall
be addressed prior to the issuance of any permit or approval by the
building or zoning official, unless, in the estimation of the professional,
satisfaction of the required conditions of approval will not be compromised
by issuance of the zoning or building/construction permit and are
ensured by other means, such as withholding of any final certificates
of occupancy or approval.
[3]
The findings of the review professional shall be
provided in writing to both the municipal official(s) responsible
for the review and disposition of the zoning or building/construction
permit, and to the applicant. Where such findings indicate that the
application is not compliant with the applicable provisions of this
article, the review professional shall provide a statement identifying
the reasons therefor. Where the review professional indicates that
an approval may be granted pending satisfaction of certain conditions,
a statement and explanation of the conditions to be attached shall
be set forth as well as the reasons therefor.
[4]
The findings of the review professional may be
appealed by any affected party in accordance with the provisions of
the underlying land use ordinance, pursuant to N.J.S.A. 40:55D-70(a).
[5]
The professional review process shall occur as
follows:
[a]
Upon notice from the Township official(s) responsible
for the review and disposition of the zoning or building/construction
permit that a prior approval is required, it shall be the applicant's
responsibility to prepare a request for review and issuance of such
approvals by the designated Township professional(s).
[b]
The applicant shall provide all of the documents and materials required for submission under an application for development pursuant to Subsection D, below, to the extent they apply with respect to the particular resources and Ordinance provisions at issue, for review by the professional.
[c]
The professional shall provide a completeness determination
in writing, within 30 days of receipt of the application materials,
which, in the event of an incomplete application, shall indicate the
reasons therefor. The professional shall have the authority to waive
submission of items he or she finds unnecessary or irrelevant to the
evaluation and the required report of findings.
[d]
The professional shall review and provide a report
of findings to both the municipal official(s) and the applicant within
45 days of the date on which the application is deemed complete.
[e]
In the event of a carbonate rock investigation pursuant to § 165-117.9E(3), above, the professional report of findings shall be provided in accordance with the program and scheduling as provided therein.
[f]
The review professional shall have authority to issue such waivers and exceptions as provided only in accordance with § 165-117.13, below.
(c)
Highlands Resource Permit applications. In the event that the
underlying municipal land use ordinances do not require issuance of
a zoning or building permit, or approval of an application for development
through which compliance with the provisions of this article may be
demonstrated, the provisions herein shall apply.
[1]
Any person proposing an activity, improvement or
development project that will affect a Highlands resource, Resource
Area, or Protection Area, shall obtain a Highlands Resource Permit
in accordance with this section.
[2]
Applications shall be made on forms provided by
the municipality requiring identification of the owner of the property
or properties at issue, the tax block and lot, street address, the
extent, location and type of activity proposed, and by submission
of a Consistency Determination Report from the Highlands Council website,
an indication of the resources potentially affected by the proposed
activity.
[3]
The designated review authority for such applications
shall be the Clinton Township Zoning Officer, Planner or Engineer.
[4]
The review and disposition of such applications
shall occur as provided for zoning and building/construction permits,
in the preceding sections, with approvals being issued only upon a
finding of compliance.
(d)
Applications for development. With respect to applications for
development, findings of compliance shall be provided by the applicable
professional(s) through the process of review and consideration undertaken
by the Planning Board or Zoning Board of Adjustment. The reviewing
Board [or its committee(s), if applicable] shall consider all such
findings during the course of the application for development, in
conjunction with all other relevant information and requirements in
rendering a final decision in any matter.
B.
Applications for development. The provisions of this section shall apply to any application for development (see § 165-117.6B, above) under the jurisdiction of the Planning Board or Zoning Board of Adjustment.
(1)
Notice and reporting requirements. The provisions of this section
shall apply in addition to all requirements concerning public notice
for Applications for Development as provided under the MLUL and required
pursuant to the underlying Clinton Township Land Use Ordinance.
(a)
Notice of application to Highlands Council. The applicant for
any application for development shall provide notice to the highlands
council at least 10 days prior to the date on which the application
is scheduled for consideration by the local Board. A copy of the complete
application shall accompany such notice regarding any application
for development involving the potential disturbance of two acres,
or more, or a cumulative increase in impervious coverage of one acre,
or more. The applicant shall provide copies of any subsequent revisions
to such applications to the Highlands Council at the same time these
are provided to the reviewing Board. If such plans or plats have been
prepared in digital form, they shall be provided to the Highlands
Council in a digital format that meets Highlands Council standards
for such submissions.
(b)
Scenic Resource notice requirements. Where a project site falls
within a Highlands scenic resource area designated by the Highlands
Council, or within the Scenic Resources Tier of a Lake Management
Area, that crosses municipal or county boundary lines, public notice
requirements shall, in addition to the applicable notice requirements
of the MLUL, incorporate any supplemental notice provisions as set
forth in the adopted Scenic Resource Management Plan.
(c)
Notice of decision required. The reviewing Board shall provide
a certified copy of the fully executed resolution memorializing its
final decision regarding any application for development to the Highlands
Council within 10 days of its adoption. This provision shall apply
in all cases, whether the Board approves the application for development,
denies it, or approves it with conditions.
(2)
Board decisions subject to Highlands Council call-up. All Board
decisions pertaining to applications for development involving the
ultimate disturbance of two acres or more of land or a cumulative
increase in impervious surface by one acre or more, are subject to
call-up and subsequent review by the Highlands Council in accordance
with procedural requirements and timeframes established pursuant to
the Highlands Act. The Highlands Council may, on notice to the applicant
within 15 days of receipt of the memorializing resolution of the reviewing
Board, review and require a public hearing on the application. In
that case, subsequent to the hearing the Highlands Council may approve
the application for development, deny it, or issue an approval with
conditions.
(3)
Conditions of approval. The following conditions of approval shall, in addition to any applicable conditions previously set forth under this article, be attached to any application for development approved pursuant to the MLUL, and the provisions of Subsection A, above.
(a)
No land disturbance. No land disturbance approved in connection
with an application for development involving the ultimate disturbance
of two acres or more of land or a cumulative increase in impervious
surface by one acre or more shall occur until and unless, either:
[1]
The Highlands Council call-up period has expired
without issuance of a notice seeking review of the application by
the Highlands Council; or
[2]
The Highlands Council has issued notice and has
reviewed the approval pursuant to N.J.S.A. 13:20-17(a)1 and has determined
not to deny or modify the approval.
(b)
Amendments. In the event that Highlands Council review of an approved application for development pursuant to Subsection B(2) above results in a finding that the plans must be modified, the applicant shall amend the application accordingly and submit the amended application to the reviewing Board for approval. Such submissions shall include the written findings and notice of decision of the Highlands Council.
(c)
Conservation restrictions. The applicant shall commit to and, as a condition of approval, perfect a conservation restriction on the undisturbed portions of Highlands Resources, Highlands Resource Areas, and Special Protection Areas located on the subject property, if and as required pursuant to the provisions of § 165-117.10C.
(d)
Approvals conditioned on state approvals. All approvals shall
be subject to the approval of any and all state agencies or other
authorities having jurisdiction over any aspect or aspects of the
approved application for development.
(e)
As-built surveys required. Prior to issuance of any final certificate
of occupancy or approval, or to the release of any performance bonding
held in relation to the approved application for development, the
applicant shall provide an "as-built" survey depicting the final site
conditions.
(f)
Submission of final plans/plats to Highlands Council. The applicant
shall provide a copy of any final site plan or subdivision plat to
the Highlands Council. If such plans or plats have been prepared in
digital form, they shall be provided to the Highlands Council in a
digital format that meets Highlands Council standards for such submissions.
C.
Application fee and escrow requirements (optional). The application
fee and escrow requirements of this subsection shall apply in addition
to all existing fee and escrow requirements, including procedural
and legal requirements, as set forth in the underlying municipal land
use ordinances. All application fees and escrows shall be managed
and dispensed as prescribed under all applicable state and local requirements,
including but not limited to those of the MLUL and the Uniform Construction
Code.
(2)
Highlands Resource review. The fee and escrow requirements herein
shall apply to applications for Highlands Resource Permits, and to
zoning permit and building/construction permit applications for which
Highlands Resource review is required as a prior approval pursuant
to Subsection A(6).
(a)
Highlands Resource review fees.
[1]
Applications involving determinations regarding:
permitted/prohibited uses, carbonate rock phase I investigation, water
use and conservation, wellhead protection, prime groundwater recharge,
low-impact development, or any combination of these: $125.
[2]
Applications involving determinations regarding
any one or combination of the following: density or intensity of development
standards, forest resources, lake management, steep slopes, carbonate
rock phase II investigation, water deficit mitigation, or stormwater
management (including stormwater low-impact development): $250.
[3]
Applications involving determinations regarding any combination of items listed in both Subsection C2(a)[1] and [2], above, shall be subject to the application fee listed at Subsection C(2)(a)[2].
(b)
Escrow deposit requirements.
[1]
Applications requiring compliance determinations
pursuant to any Highlands resource component listed in the following
table shall be accompanied by the escrow deposits therein indicated.
Where an application involves more than one of the listed application
compliance components, escrow deposits shall be cumulative.
|
Application Compliance Component
|
Escrow Deposit
| |
|---|---|---|
|
a)
|
Density or intensity standards
|
$250
|
|
b)
|
Forest resources
|
$250
|
|
c)
|
Lake management
|
$250
|
|
d)
|
Steep slopes
|
$250
|
|
e)
|
Carbonate rock, Phase II investigation
|
$1,500
|
|
f)
|
Water deficit mitigation
|
$1,500
|
|
g)
|
Stormwater management and stormwater LID
|
$1,000
|
|
h)
|
Conservation/deed restrictions
|
$500
|
|
i)
|
Operations and contingency plans
|
$250
|
[2]
Escrow deposits shall be used by the municipality
to cover the costs of professional reviews associated with the respective
Highlands resource components. Where any escrow account is depleted
to an amount equaling 25% or less of the original deposit amount,
the status and progress of the application shall be reviewed by the
applicable municipal official(s), and the professional responsible
for Highlands resource review shall determine whether account replenishment
is necessary, and if so, by what amount. On notice from the municipality
of any such replenishment requirement, the applicant shall provide
the additional escrow accordingly and within such timeframes as therein
stated.
(3)
Applications for development. All fee and escrow requirements
pertaining to applications for development shall remain as set forth
in the underlying municipal land use ordinances, with the adjustments
provided herein as a supplemental requirement, applicable in the case
of any application for which the reviewing Board requires professional
assistance in making findings of compliance pursuant to Subsection
A(6).
(a)
The required escrow deposit for applications involving determinations
regarding any one or more of the following resource components shall
be calculated by multiplying the existing escrow deposit requirement
by 1.25: carbonate rock phase I investigation, water use and conservation,
wellhead protection, prime groundwater recharge, low-impact development.
(b)
The required escrow deposit for applications involving determinations
as to any of the following resource components shall be calculated
by multiplying the existing escrow deposit requirement by 0.25 for
each applicable item, and adding each to the existing escrow deposit
amount: density or intensity of development standards, forest resources,
lake management, steep slopes, carbonate rock phase II investigation,
water deficit mitigation, or stormwater management (including stormwater
low-impact development).
D.
Submission checklist requirements. All applicants seeking approval for any activity, improvement or development project covered under the provisions of this article shall submit the materials required in this section for review by the applicable municipal authority. In no case shall an application for development (as defined in § 165-117.6) be deemed complete or scheduled for Board review until such time as the Board has received all required items in accordance with the provisions herein. Applications for Highlands Resource Permits and for zoning permits and building/construction permits requiring Highlands Resource review shall not be considered for such review until such time as the reviewing authority has received all required items in accordance with the provisions herein. In all cases, the submission requirements of this section shall be considered supplemental to the checklist requirements of the underlying municipal land use ordinances.
(1)
General submission requirements. All applications shall be accompanied
by the following:
(a)
Application fees and escrow deposits.
(b)
Completed application forms. Six copies for initial staff review.
Twelve copies for the Board upon determination of completeness. One
electronic copy shall be submitted to the Board Administrator via
email, CD or external storage device at the time of submission.
(c)
Highlands Act exemptions. Any applicant claiming eligibility
for an exemption under the Highlands Act shall provide one of the
following:
[1]
Municipal Exemption Determination as provided under § 165-117.12A(2) (pursuant to Highlands Area Exemption Ordinance); or
[2]
Highlands Applicability Determination from the
NJDEP for a Preservation Area application; or
[3]
Highlands Exemption Determination from the Highlands
Council for a Planning Area application.
(d)
Prior approvals. All applications requiring prior approvals
pursuant to the provisions of this article shall provide evidence
of receipt of same, as listed below. All such applications shall be
accompanied by copies of the specific plans, reports and other materials
to which such approval applies.
[1]
For any application proposing disturbance of Critical Habitat pursuant to § 165-117.9D(2), Notice of Authorization issued by the Highlands Council or HPAA issued by the NJDEP.
[2]
For any application proposing development within the Carbonate Rock Area pursuant to § 165-117.9E(2), copies of Phase I Geologic Investigation report, Phase II Geotechnical Evaluation Report if applicable, associated certification(s) of sufficiency issued by the Township Engineer, and all written evaluations, reports, recommendations issued by the Township Engineer pursuant to § 165-117.9E(3). For any application proposing an increase in the use of Net Water Availability or Conditional Water Availability pursuant to § 165-117.9G, notice of findings issued by the Highlands Council pursuant to § 165-117.9G(7).
[3]
For any application proposing development within a Carbonate Rock Drainage Area pursuant to § 165-117.9E(4), copies of Phase I Geologic Investigation report, associated certification of sufficiency issued by the Township Engineer, and all written evaluations, reports, recommendations issued by the Municipal Engineer pursuant to § 165-117.9E(3).
[4]
For any application proposing an increase in the use of Net Water Availability or Conditional Water Availability pursuant to § 165-117.9G, notice of findings issued by the Highlands Council pursuant to § 165-117.9G(7) or HPAA issued by the NJDEP.
[5]
For any application affecting a Scenic Resource pursuant to § 165-117.9K, notice of authorization issued by the Highlands Council pursuant to § 165-117.9K(3).
[6]
For any application proposing installation of new or extended water supply or wastewater collection/treatment utility infrastructure in any Planning Area Zone or Sub-Zone other than: a) the Existing Community Zone (excluding the Existing Community Environmentally Constrained Sub-Zone), or b) Lake Community Sub-Zone, pursuant to § 165-117.8C(7), notice of authorization issued by the Highlands Council.
[7]
For any application for a major Highlands development
in the Preservation Area as defined by the NJDEP Preservation Area
rules at N.J.A.C. 7:38, an HPAA issued by the NJDEP.
[8]
For any application proposing the installation
of new or extended water supply or wastewater collection/treatment
infrastructure in any portion of the Preservation Area, an HPAA with
waiver issued by the NJDEP.
(e)
Mapping instructions. All mapped information shall be provided
for the full parcels affected by the proposed project and a distance
of 200 feet from the outer boundaries of all affected parcels. Where
this article requires field surveys of resources, the field survey
requirement shall apply only to the affected parcels and shall be
conducted by qualified professionals. These include specifically:
contiguous steep slope areas of 5,000 square feet or more which are
not within the Steep Slope Protection Area; areas defined as Forest
via the methodology provided at Appendix A[1] which are not identified within the Total Forest Area, or which revise the Total Forest Area; if required pursuant to § 165-117.9F(4), the applicable limits of the Lake Management Scenic Resources Tier; and if deemed necessary by the review professional pursuant to § 165-117.9E(4), the boundary lines of any Carbonate Rock Drainage Area. The area within 200 feet of the affected parcels may be mapped using existing data and is not subject to field surveys. Where field surveys are not required for mapping of Highlands resources, the application shall include Highlands Council GIS data. In addition to paper plans, initial plan sets shall be submitted on CD (or other acceptable archival electronic format) in the most recent version of ESRI Shape files (.shp) and in the most recent version of Adobe Acrobat© (.pdf) format. The plans must be geo-referenced using New Jersey State Plane Coordinates NAD83 (or the most current New Jersey State Plane coordinate system). The final approved version shall be submitted in the same manner. Plan revisions (subsequent to the initial plan sets but prior to final approved version) shall be submitted in .shp and .pdf either in archival electronic format or via e-mail. Projects that will disturb less than two acres and will create less than one acre of net impervious surface may be submitted as geo-referenced CAD files in lieu of the ESRI Shape files.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Permit applications. The submission requirements of this subsection shall apply in addition to those of Subsection D(1) above, in the case of all applications for Highlands Resource Permits and for zoning or building/construction permits requiring Highlands Resource Review. Where the reviewing authority or designated review professional determines that a submission item listed in this subsection is not applicable to the proposed development project or is unnecessary to the conduct of such review, the authority or designated professional may waive the requirement for its submission. A waiver of submission of any checklist item shall not be construed to preclude the reviewing entity from ultimately requiring the submission of such item, however, if during the course of application review, it is found necessary and relevant in making a determination.
(a)
Base submission requirements.
[1]
Identification of Highlands Planning Area or Preservation
Area and Highlands Zone or Sub-Zone in which the property is located
(available through Highlands Council website).
[2]
Identification of Highlands Resource and Protection
Areas in which the property is located, inclusive of Highlands Council
maps indicating the boundary lines of same unless fully encompassing
the property (Highlands Council website).
[3]
Existing and proposed use(s) and accessory use(s),
including any proposed Major or Minor PCS (listed at Appendix B and
Appendix C).[2]
[2]
Editor's Note: Said appendixes are included as attachments to this chapter.
[4]
Copy of property survey indicating metes and bounds,
existing buildings, structures, impervious surfaces, significant site
features (e.g., water bodies), easements or other such encumbrances.
[5]
Plans showing the proposed area of disturbance
for all aspects of the development, including but not limited to buildings,
driveways, utilities, landscaped areas and all appurtenant structures.
[6]
Plans showing the proposed grading, soil conservation
plan, and sediment and soil erosion control plan.
[7]
Plans showing proposed conservation restrictions or easement(s) to be provided pursuant to § 165-117.10C.
[8]
Plans documenting baseline conditions in all areas
designated for public (or nonprofit land trust) open space preservation.
[9]
Water use.
[a]
For non-major Highlands development, existing and proposed water demand inclusive of calculations based on use and unit/square footage equivalents listed at § 165-117.8C(4).
[b]
For any non-major Highlands development application proposing new or increased water use pursuant to § 165-117.9G(2):
[i]
All submission items required pursuant to any adopted
municipal or subwatershed-based Water Use and Conservation Management
Plan (WUCMP).
[ii]
The following, where a WUCMP has not been adopted and the application proposes use of Conditional Water Availability pursuant to § 165-117.9G(7)(b).
[A]
Information identifying project water demand data,
water supply source and water utility provider.
[B]
Identification of the water supply source HUC14(s)
for the project, deficit status, and conditional availability as provided
by the Highlands Council.
[C]
Deficit Mitigation Plan pursuant to § 165-117.9(7)(b)[4].
[10]
Septic systems.
[a]
For Planning Area applications and applications for non-major Highlands development in the Preservation Area, existing and proposed septic system demand inclusive of calculations based on use and unit/square footage equivalents listed § 165-117.8C(5)(b).
[b]
For Planning Area applications and applications for non-major Highlands development in the Preservation Area, where either proposes new or increased septic system demand pursuant to § 165-117.8C(2), septic system yield calculations based on § 165-117.8C(5)(b).
[c]
For any application involving aggregated septic system yield pursuant to § 165-117.8C(5):
[i]
Septic system yield calculations pertinent to all
parcels, whether contributing or receiving such yield; and
[ii]
Proposed conservation restrictions applicable to all contributing parcels, pursuant to § 165-117.8C(5) and the provisions of § 165-117.10C.
[d]
For all applications proposing new septic systems, plans showing the proposed location and configuration of such system(s), including designated area(s) for reserve septic disposal field(s) pursuant to § 165-117.10F. Plan notes indicating that the septic system(s) shall be designed in accordance with N.J.A.C. 7:9A, and that design plans and details are subject to the approval of the Hunterdon County Board of Health and/or Township Engineer, as determined to be necessary.
[e]
Proposed deed restrictions to be imposed to prohibit the installation or construction of any permanent improvements within the reserve disposal area(s) pursuant to § 165-117.10F.
[11]
Stormwater management.
[a]
For applications regulated under municipal or regional
stormwater management plans (or both), all applicable submission requirements
pertinent thereto.
[b]
Proposed low-impact development management practices
to minimize the creation or increase of stormwater runoff due to development
or disturbance of the site.
[12]
Low-impact development.
[a]
Description of Conservation Design Planning process, pursuant to § 165-117.10B(2).
[b]
Landscape plan (if applicable) indicating proposed
type, species, quantity and location of plantings; planting details.
[c]
Description of energy efficiencies incorporated
into building(s), building orientation and site design.
[d]
Description of proposed reuse or recycling of building
materials.
[13]
Any such additional information as the reviewing
authority may find necessary to determine compliance with the provisions
of this article.
(3)
Applications for development. The submission requirements of this subsection shall apply in addition to those of Subsection D(1) and (2), above, to all applications for development involving properties containing Highlands Resources or located within a Highlands Resource Area or Special Protection Area. Where the reviewing Board determines that a submission item listed in this subsection is not applicable to the proposed development project or is unnecessary in the conduct of its review, the Board may waive the requirement for its submission. A waiver of submission of any checklist item shall not be construed to preclude the reviewing Board from ultimately requiring the submission of such item, however, if during the course of application review, it is found necessary and relevant in making a determination.
(a)
Base submission requirements. In addition to the base submission requirements of Subsection D(2) above, the following shall apply:
[1]
Existing features and site analysis plan, identifying
and mapping:
[a]
All Highlands Open Waters and water bodies (including
but not limited to rivers, lakes, ponds, reservoirs, wetlands, seeps,
springs);
[b]
All existing structures (including archaeological
features, ruins and stone walls);
[c]
All significant physical features; and
[d]
Existing trails and greenways, and preserved lands
and farmland.
[2]
Architectural elevation renderings, if structures
are proposed (preliminary for subdivision applications).
[3]
A list of any preexisting encumbrances affecting
the property (e.g., easements, deed restrictions, covenants).
[4]
Copies of any related surveys, site plans, professional
reports and environmental site assessments.
(c)
Cluster development requirements. For applications proposing Cluster Development pursuant to § 165-117.11, all submission checklist items required pursuant to Subsection D(13), below.
(4)
Forest resources.
(a)
Plans identifying forests using the Highlands Council Forest
Resource Area, Forest Integrity Indicators, and Total Forest GIS layers
for forest resources.
(b)
Information identifying upland forests existing outside of the
limits of the Total Forest Area by use of the Forest Determination
methodology of Appendix A (N.J.A.C. 7:38-3.9).
(c)
Where required in connection with disturbances pursuant to § 165-117.9A(5) through (6), Forest Impact Report [§ 165-117.9A(7)] and Forest Mitigation Plan [§ 165-117.9A(8)].
(5)
Highlands Open Waters and Riparian Areas.
(a)
Maps showing the location of all Highlands Open Waters, Highlands
Open Waters buffers, and Riparian Areas, as provided in this article.
(b)
For linear development pursuant to § 165-117.9B(5)(h), all items required as listed therein.
(c)
For proposed disturbance of a previously disturbed Highlands Open Waters buffer, pursuant to § 165-117.9B(5)(h), or Riparian Area, pursuant to § 165-117.9B(6)(a).
[1]
A current property survey prepared by a licensed New Jersey land surveyor indicating: the metes and bounds of the subject property; the location and dimensions of existing buildings and other structures located thereon; the limits and extent of graded, compacted, filled or excavated areas, not including agricultural uses; the limits and extent of areas stripped of natural vegetation and of maintained lawn areas; and any other site improvements provided in support of prior development. The full extent of the proposed area of new disturbance shall be clearly indicated pursuant to Subsection D(2)(a) above, with the previously disturbed area(s) illustrated on the same sheet using shaded or shadow outline features.
[2]
Functional values assessment pursuant to § 165-117.9B(7).
[3]
Proposed low-impact development techniques.
(d)
For proposed disturbance of High, Moderate or Low Integrity Riparian Areas pursuant to § 165-117.9B(6)(b):
[1]
Functional values assessment pursuant to § 165-117.9B(7).
[2]
Proposed low-impact development techniques.
[3]
Riparian Area Mitigation Plan pursuant to § 165-117.9B(6)(b)[1][e].
(6)
Steep Slopes.
(a)
Map showing limits of Steep Slope Protection Area as provided
in this article.
(b)
Map showing any additional areas of contiguous steep slopes that, separately or in combination with the Steep Slope Protection Area, constitute an area of 5,000 square feet or more, including, for any proposed disturbance therein, clear delineation of slope classes as defined at § 165-117.6B.
(c)
For any application proposing linear development of a Moderately or Severely Constrained slope area pursuant to § 165-117.9C(3)(a), all items as listed and required therein.
(d)
For any application proposing disturbance of a Constrained or Limited Constrained slope pursuant to § 165-117.9C(3)(b), a steep slope development plan indicating proposed low-impact development techniques, slope stabilization techniques, soil erosion and sediment control measures, stormwater controls, and methods of protection proposed for existing slope vegetation and trees.
(e)
For any application proposing to disturb 5,000 square feet or
more of Constrained or Limited Constrained Steep Slopes:
[1]
Environmental impact statement or report including
specifically: the impact of the proposed development on Highlands
Regional Scenic Resources; aesthetic impacts related to visibility
and aesthetic quality of the proposed development; the extent of proposed
landform grading, stabilization and retaining structures; and impacts
on other environmental features addressed by the Steep Slopes provisions
of this article.
[2]
Hydrology, drainage and flooding analysis report
or reports prepared in support of conformance with the municipal stormwater
management plan and regulations adopted pursuant to N.J.A.C. 7:8,
or a Flood Hazard Area Control Act application pursuant to N.J.A.C.
7:13.
(7)
Critical Habitat.
(a)
Maps identifying Critical Habitat using the Critical Habitat
GIS layers for Critical Wildlife Habitat, Significant Natural Areas
and Vernal Pools, as provided in this article.
(9)
Lake Management Areas.
(a)
Map identifying the Lake Management Area and Lake Management
Tier(s) as provided in this article.
(b)
For linear development with a Shoreland Protection Tier (Highlands Open Waters buffer) pursuant to § 165-117.9B(5)(h), all items required as listed therein.
(c)
For proposed disturbance of a Water Quality Management Tier, a stormwater management plan pursuant to § 165-117.9F(3).
(d)
For any proposed development within the Scenic Resources Tier, a visual assessment survey, tree protection plan, and exterior lighting plan pursuant to § 165-117.9F(4)(b).
(e)
For any proposed development within the Scenic Resources Tier, a visual assessment survey, tree protection plan, and exterior lighting plan pursuant to § 165-117.9F(4)(b).
(10)
Prime Ground Water Recharge Areas.
(a)
Map identifying Prime Groundwater Recharge Areas
as provided in this article.
(b)
For any application proposing to disturb a Prime
Groundwater Recharge Area:
[1]
Site analysis and proposed low-impact development techniques pursuant to § 165-117.9H(3).
[2]
PGWRA Mitigation Plan pursuant to § 165-117.9H(3)(d).
[3]
Hydrology, drainage and flooding analysis report
or reports prepared in support of conformance with municipal stormwater
management plan and regulations pursuant to N.J.A.C. 7:8 or a Flood
Hazard Area Control Act application pursuant to N.J.A.C. 7:13.
[4]
Site specific geologic, hydrogeologic and pedologic
analysis to determine the overall recharge rate and volume and to
determine the location with the lowest recharge potential within the
PGWRA. The submitted analysis report shall include appropriately scaled
geologic, hydrogeologic and pedologic maps and cross sections showing
all pertinent geologic, hydrogeologic and pedologic features. The
report shall also present all relevant analytical results, calculations
and graphical data.
(c)
Identification and description of any existing or proposed Major Potential Contaminant Source (Appendix B), and proposed best management practices pursuant to § 165-117.9I(3)(a).
(11)
Wellhead protection.
(a)
Map identifying Wellhead Protection Areas (WHPAs)
and time of travel tiers as provided in this article. Where more than
one WHPA Tier intersects an existing or proposed Potential Contaminant
Source (Appendix B and Appendix C) within a project site, identify
the more protective Tier as the applicable Tier for that Potential
Contaminant Source.
(b)
Identification and description of each proposed new or expansion of any existing major or minor Potential Contaminant Source (Appendix B and Appendix C) on the property, and for each, the relevant Tier and proposed best management practices pursuant to § 165-117.9I(3)(a).
(c)
Narrative and mapped description of the extent
to which the application is consistent with the Areawide WQMP Plan.
(d)
Copies of any related hydrogeologic/geologic reports,
remediation reports, results of soil or groundwater analyses or other
environmental assessment reports (i.e., Phase I or Phase II reports).
(12)
Agricultural Resource Areas (ARA).
(13)
Scenic Resource protection.
(a)
Map identifying Scenic Resources as provided in
this article.
(b)
For any application proposing improvements to lands
located within the boundary lines delineated by a Scenic Resource
Management Plan approved by the Highlands Council, all submission
requirements set forth within such Plan.
(c)
[If applicable:] For any application proposing
improvements to lands located within the boundary lines delineated
by a Scenic Resource Management Plan approved by the Highlands Council
that crosses municipal and/or county boundary lines, any supplemental
submission materials as may be prescribed by the adopted Scenic Resources
Management Plan.
(14)
Cluster/conservation design development.
(a)
Property survey(s) identifying the limits and configuration
of the proposed Cluster Project Area, inclusive of all contributing
parcels in the case of noncontiguous clustering, and indicating all
tract or parcel areas to the nearest one-hundredth acre.
(b)
Development plans applicable to the Development
Set Aside of the Cluster Project Area, including all details as required
pursuant to the municipal subdivision ordinance, to define and describe
all proposed supporting infrastructure, including but not limited
to: roadways, curbing, sight lines, street rights-of-way, utilities
(e.g., water, sewer, gas, electric, telecommunications), stormwater
management, lighting, street tree plantings, common areas, signage
and landscaping.
(c)
Development plans applicable to the Development
Set Aside indicating proposed buffering, lot lay-out, lot sizes, configurations,
and dimensions, building envelopes, building setbacks and yard areas.
(d)
Proposed plans applicable to the Preservation Set
Aside of the Cluster Project Area, including:
[1]
For ARA applications proposing preserved farmland,
information identifying farmland soil quality on the project site,
including Prime, Statewide, Unique, and Locally Important farmland
soils.
[2]
Plans for Agricultural or Horticultural development, including all information required under Subsection D(12)(b), above.
[3]
Plans for open space preservation, if applicable,
including active or passive recreation amenities.
[4]
Proposed Conservation Restrictions pursuant to § 165-117.11A(4), identifying intended dedications regarding all preserved portions, including those applicable to any noncontiguous parcels.
(e)
Identification of any preserved land or land known
to be targeted for preservation (agriculture and open space) located
within 200 feet of the subject property.
A.
Applicability. Except to the extent modified by the provisions of
this section, the existing provisions of the underlying municipal
land use ordinance with respect to appeals, waivers and exceptions
shall remain in full force and effect. This section shall not be construed
to alter the applicable timeframes, procedural requirements or criteria
for decision-making as set forth under the MLUL, and as provided consistent
therewith in the underlying Township Land Use ordinance.
B.
Appeals.
(1)
Administrative officer decision. Any order, requirement or decision
of any municipal official made or issued in the course of the enforcement
of the provisions of this article may be appealed to the Zoning Board
of Adjustment in accordance with all applicable provisions of the
MLUL (including but not limited to N.J.S.A. 40:55D-70(a), -70.2, and
-72 through -75).
(2)
Interpretations. Requests for interpretation of the maps and various provisions of this article may be made by application to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(b). The Board, in rendering any such decisions, shall be guided by the map protocols listed at § 165-117.7E and the specific language of the ordinance provisions in question. The Board may seek the advice and counsel of the Highlands Council or, if applicable to a Preservation Area boundary line, the NJDEP, in resolving any matter of interpretation and all final Board decisions shall remain subject to Highlands Council call-up and review provisions as set forth at § 165-117.12B(2).
(3)
"C" variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(c) shall apply in the consideration of applications seeking such relief from the provisions of this article. Such relief shall apply with respect to the requirements of § 165-117.8, Highlands Area, Zone District Regulations, § 165-117.9J(3)(a), Agricultural and Horticultural Development, and § 165-117.11A, Residential Cluster Development, with the exception that for the items listed at Subsection B(5), below, relief shall in addition require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this article or the underlying municipal Zoning Ordinance will minimize or eliminate adverse impacts to Highlands Resources, Resource Areas, or Special Protection Areas, these benefits shall be given significant weight in the analysis of approval criteria.
(4)
"D" variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(d) shall apply in the consideration of applications seeking such relief from the relevant provisions of this article. Such relief shall apply with respect to the requirements of § 165-117.8, Highlands Area Zone District Regulations, § 165-117.9J(3)(a), Agricultural and Horticultural Development, and § 165-117.11A, Residential Cluster Development, with the exception that for the items listed at Subsection B(5), below, relief shall in addition, require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this article or the underlying Township Land Use Ordinance will minimize or eliminate adverse impacts to Highlands Resources, Resource Areas, or Special Protection Areas, these benefits shall be given significant weight in the analysis of approval criteria. For purposes of clarification, requests for relief that pertain to specific provisions of this article regarding permitted uses shall be cognizable as requests for "d" variance relief pursuant to N.J.S.A. 40:55D-70(d).
(5)
Highlands Council jurisdiction. Relief from any of the following specific provisions of § 165-117.8 of this article may be granted by the reviewing Board or other municipal authority only where a waiver has been issued by the Highlands Council and Clinton Township. No such application shall be deemed complete or considered for review by the Board or other municipal authority absent such authorization. Applicants seeking any such relief shall make application directly to the Highlands Council.
(a)
Prohibited uses. All provisions of § 165-117.8B(3).
(b)
Mandatory residential cluster development. All provisions of § 165-117.8B(1).
(c)
Water availability requirements. All provisions of § 165-117.8C(4).
(d)
Septic system density.
[1]
Any application for Non-major Highlands development
in the Preservation Area proposing a septic system density that is
greater than that permitted (i.e., fewer acres per septic system than
required).
[2]
Any Planning Area application proposing a new or expanded septic system pursuant to § 165-117.8C(2), in excess of the available (including any aggregated) septic system yield of the parcels associated with the application.
C.
Waivers and exceptions. Relief from any provision of § 165-117.9 [with the exception of § 165-117.9J(3)(a)] or § 165-117.10 of this article shall require issuance of either a Highlands Act waiver or an exception, as provided in this subsection. Highlands Act waivers may be issued only by the NJDEP or the Highlands Council, as appropriate. Exceptions may be granted by the reviewing municipal Board or authority only where the review standards of this subsection have been satisfied.
(1)
Highlands Act waiver provisions. Highlands Act waivers may be issued only by the NJDEP or the Highlands Council in accordance with the respective rules and criteria established by each agency in accordance with the provisions of the Highlands Act and the Highlands Regional Master Plan. A Highlands Act waiver shall be required in the event of any application proposing the disturbance of a Highlands Resource, Resource Area or Special Protection Area in excess of, or not in compliance with, that authorized under the applicable provisions of §§ 165-117.9 and 165-117.10 of this article. Highlands Act waivers shall also be required for any application proposing: a) use of net or conditional water availability in excess of that authorized by the Highlands Council; b) water deficit mitigation insufficient to comply with mitigation requirements of the Highlands Council pursuant to § 165-117.9G(7)(b); or c) installation or expansion of a use or structure listed as a PCS at Appendix B or Appendix C [where not otherwise prohibited by use restrictions of § 165-117.8B(3)] in a manner inconsistent with all provisions and conditions of approval of § 165-117.9I(3). The issuance of a Highlands Act Waiver shall in no case be construed to alter or obviate the requirements of any other applicable state or local laws, rules, regulations, development regulations, or ordinances.
(2)
Municipal exception provisions.
(a)
For applications other than those cited at Subsection C(1), above, the reviewing Board or other authority may grant exceptions from the strict application of the provisions of §§ 165-117.9 and 165-117.10 of this article only where the applicant demonstrates and the reviewing entity finds that:
[1]
The deviation is unavoidable and represents the
minimum feasible under the particular circumstances surrounding the
project proposal, and the grant of relief is reasonable, necessary
and supports the general purpose and intent of the applicable provisions;
or
[2]
The literal enforcement of the provision(s) of
the ordinance at issue is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
(b)
The approval of an exception must be accompanied by a detailed
justification and is subject to review by the Highlands Council. Any
applicant seeking approval of an exception shall provide such justification,
in writing, including at a minimum an explanation of how and to what
extent the following conditions are addressed:
[1]
The exception addresses Subsection C(2)(a)[1] or [2] above;
[2]
The exception provides relief only to the minimum
extent necessary;
[3]
Other environmental features are not damaged in
the process of protecting the regulated resources; and
[4]
No alternative exists that will allow for at least
a minimum practical use of the property (if applicable).
A.
Enforcement. Enforcement of the provisions of this article shall
be the responsibility of the Clinton Township Zoning Officer, Engineer,
Health Department, Construction Code Official and any other officer
or entity designated by the Clinton Township Administrator, Manager,
or Governing Body, as applicable. Enforcement shall occur in the case
of any activity, improvement, or development project that violates
any provision of this article, whether or not subject to a permitting
or approval process pursuant to this article, or the underlying municipal
land use ordinances.
B.
Inspections.
(1)
Site inspections. The Township Construction Official, Township
Engineer and other qualified Township personnel, as determined to
be necessary and appropriate are authorized to and shall periodically
inspect all project sites for compliance with development approvals
pursuant to this article. The authorized inspector shall in addition:
(a)
Verify of baseline conditions in all areas designated for conservation
easements, deed restrictions or other means of resource preservation.
(b)
Sequence compliance inspections to ensure the protection of
on-site and off-site resources, achievement of site construction and
environmental impact requirements, placement of conservation easement
monuments, etc.
(c)
Verify "as built" conditions to ensure compliance with all approvals,
conservation easements, deed restrictions or other required means
of resource preservation.
C.
Administrative compliance. The Township Construction Official, Township
Engineer and other authorized Township personnel shall be authorized
to issue a stop-work order, revoke building permits, refuse to approve
further work, or deny certificates of occupancy or approval, and to
impose mandatory remedial and corrective measures including full restoration
of any resources that are improperly disturbed.
