This chapter shall be known and cited as the "Township of Chester
Highlands Area Exemption Ordinance."
The purpose of this chapter is to set forth the procedural and
substantive requirements by which the municipality will issue Highlands
Act exemption determinations. Such determinations pertain only to
Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands Act exemption
determinations indicate whether proposed activities, improvements
or development projects affecting lands located within the Township
Highlands Area are exempt from the Highlands Water Protection and
Planning Act (Highlands Act, N.J.S.A. 13:20-1 et seq.), and are therefore
exempt from the Highlands Water Protection and Planning Council's
(Highlands Council) Regional Master Plan, the New Jersey Department
of Environmental Protection's (NJDEP) Highlands Water Protection
and Planning Act Rules (Preservation Area Rules, N.J.A.C. 7:38-1 et
seq.), and from any amendments to the Township's Master Plan,
development regulations, or other regulations adopted pursuant to
the approval of the Township's Petition for Plan Conformance
by the Highlands Council.
The provisions of this chapter pertain to activities, improvements and development projects involving lands located within the Township Highlands Area. The Highlands Area comprises that portion of the municipality for which the applicable provisions of the Township Master Plan, land use ordinances and other pertinent regulations have been deemed by the Highlands Council to be in conformance with the Highlands Regional Master Plan (RMP). (See § 106-9A.) The provisions of this chapter shall not be construed to alleviate any person or entity from the provisions and requirements of any other applicable ordinances, rules, or regulations of the municipality, or from any other applicable law, regulation, or requirement of any county, state, or federal authority having jurisdiction. Nor shall the provisions of this chapter deprive any person or entity from seeking a Highlands exemption determination from the NJDEP or the Highlands Council.
This chapter is adopted under the authority of the Highlands
Act and the New Jersey Municipal Land Use Law (MLUL, N.J.S.A. 40:55D-1
et seq.). In the Highlands Act, the Legislature identified numerous
categories of activities that are exempt from the Act, the RMP, the
Preservation Area Rules, and any amendments to a master plan, development
regulations, or other regulations adopted by a local government to
conform them with the RMP. See N.J.S.A. 13:20-28. The Legislature
granted the Highlands Council the authority to administer the plan
conformance process and to approve, reject, or approve with conditions
municipal plan conformance petitions. See N.J.S.A. 13:20-14 and 13:20-15.
The Legislature, through the MLUL, granted authority to New Jersey
municipalities to govern land use and development within their borders
and, through the Highlands Act, established requirements for Highlands
municipalities to conform their land use and development regulations
with the RMP. In a July 19, 2012, Memorandum of Understanding (MOU)
between the Highlands Council and the NJDEP, the Council and the NJDEP
recognized the circumstances in which it would be appropriate for
conforming, Highlands Council-certified municipalities to make determinations
regarding specified Highlands Act exemptions.
If any section, sentence, clause or phrase of this chapter 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.
This chapter shall take effect after final passage and publication
in the manner required by law.
