[Adopted 12-17-2013 by Ord. No. 2013-11]
A.Â
This Part 11 shall apply to any application for development involving
lands located within (or partially within) the Township Highlands
Area (as illustrated in the attached Chester Township Zoning Map[1]) that seeks approval of a site plan, subdivision, or change
in use, where approval of such application would:
(1)Â
For nonresidential development, result in the ultimate disturbance
of one acre or more of land and/or produce a cumulative impervious
surface area of 1/4 acre, or more;
(2)Â
In the case of residential development, create three or more
dwelling units; or
(3)Â
Introduce or expand on any of the following land uses/facilities:
(a)Â
Landfills;
(b)Â
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills;
(c)Â
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials;
(d)Â
Industrial treatment facility lagoons; or
(e)Â
Any major or minor potential contaminant source (as identified
in Appendix A and Appendix B[2] of this Part 11, respectively) on lands located within 200 feet of the wellhead of any public community well or public noncommunity well, as these are defined at § 113-421 below.
[2]
Editor's Note: Said appendixes are included as attachments to this chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
A.Â
Consistency determinations required. No application for development included in § 113-416 above shall be deemed complete or considered for review by the applicable Township Land Use Board until and unless the applicant has obtained and provided a copy of:
(1)Â
A consistency determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)Â
A consistency determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in Subsection B below, by the applicant's professional(s) that the application has been revised since review by the Highlands Council to achieve consistency with the Highlands Regional Master Plan.
B.Â
Findings of inconsistency. Where a Highlands Council consistency
determination indicates that an application for development is inconsistent
with the Highlands Regional Master Plan, no such application shall
be deemed complete or considered for review by the applicable Township
Land Use Board, until or unless the applicant has obtained from the
professional(s) responsible for preparation of the applicant's plans,
a certification indicating that to the best of the knowledge and abilities
of such professional(s), the application has, since review by the
Highlands Council, been revised to achieve consistency with the Highlands
Regional Master Plan, and specifically describing the revisions made
to achieve such consistency.
C.Â
Checklist waiver. The Township may issue a waiver from the provisions
of this section where it can be established by the applicant and can
be verified by the designated representative(s) of the Township that:
(1)Â
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act (See § 113-420B below.), but eligibility for an exemption has been sufficiently established by the applicant; or
(2)Â
The activity, improvement or development proposed in the application
for development will neither encroach upon a Highlands resource or
Highlands Resource Area, nor be of detrimental impact to any Highlands
resource or Highlands Resource Area as these are identified and delineated
in the Highlands Regional Master Plan. The applicant's professional(s)
responsible for preparation of the applicant's plan shall establish
compliance of the above through a formal certification specifically
addressing the Highlands resources and Resource Areas and related
policies and objectives as identified in Chapter 4 of the Highlands
Regional Master Plan.
D.Â
Highlands Council call-up. All municipal waivers or findings of application
completeness issued pursuant to this section shall be issued in writing,
inclusive of a statement indicating the rationale for the determination.
All such determinations shall be subject to Highlands Council call-up
review, and shall include conditions requiring same consistent with
this subsection. The municipality shall, within five calendar days
of issuance of all such determinations, provide a copy of the decision
to the applicant and to the Highlands Council. The Highlands Council
call-up review period shall expire 15 calendar days following its
receipt of same. Upon determining to exercise this authority for call-up
review, the Highlands Council shall transmit notice to the applicant
and the municipality. Absent any such notification from the Highlands
Council within that time frame, the application shall be considered
complete, with the date of the waiver or finding of application completeness
to be as of the date of first issuance by the municipality.
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
municipal land use ordinances.
A.Â
Notice to Highlands Council of application. 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.Â
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.
A.Â
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 time frames established pursuant
to the Highlands Act. The Highlands Council may, on notice to the
applicant within 15 calendar 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.
B.Â
The following conditions of approval shall be attached to any application
for development approved pursuant to the MLUL which involves lands
within or partially within the Highlands Preservation Area.
(1)Â
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:
(a)Â
The Highlands Council call-up period has expired without issuance
of a notice seeking review of the application by the Highlands Council;
or
(b)Â
The Highlands Council has issued notice, and has reviewed the
approval pursuant to N.J.S.A. 13:20-17a(1) and has determined not
to deny or modify the approval.
(2)Â
Amendments. In the event that Highlands Council review of an
approved application for development pursuant to this section 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
and any subsequent approval by the applicable reviewing board shall
incorporate any conditions imposed by the Highlands Council.
(3)Â
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.
(4)Â
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.
(5)Â
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
in lieu of copies printed on paper.
A.Â
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this Part 11:
(1)Â
The reconstruction, within the same footprint, of any building
or other structure lawfully existing as of the effective date of this
Part 11, in the event of its destruction or partial destruction by
fire, storm, natural disaster, or any other unintended circumstance.
(2)Â
Any improvement or alteration to a building or other structure
lawfully existing as of the effective date of this Part 11, where
such improvement or alteration is necessary for compliance with the
provisions of the Americans with Disabilities Act, or to otherwise
provide accessibility to the disabled.
(3)Â
Any agricultural or horticultural use or development that would
not result in either:
(a)Â
An increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% to the total land area of a farm management unit. Solar panels shall not be included in any calculation of agricultural impervious cover (all terms as defined in § 113-421, below); or
B.Â
Exemptions. Any activity, improvement or development project listed
and demonstrated to constitute a Highlands Act exemption shall be
exempt from the provisions of this Part 11. Formal demonstration of
a Highlands Act exemption for an application for development involving
lands located (or partially located) in the Highlands Area shall consist
of one of the following:
(1)Â
State agency determination. State agency determinations shall
include either a Highlands applicability determination (HAD) issued
by the NJDEP for a Preservation Area proposal, or a Highlands exemption
determination issued by the Highlands Council for a Planning Area
proposal, in either case, indicating that the proposal qualifies as
a Highlands Act exemption.
(2)Â
Municipal determination. Pursuant to Township Ordinance No.
2013-10, entitled "Township of Chester Highlands Area Exemption Ordinance,"[1] effective as of December 17, 2013, for any application
under this Part 11 involving Highlands Act Exemption No. 4, 6, 7,
or 8, the applicant may request and shall be deemed to have satisfied
the evidentiary requirement by obtaining a municipal exemption determination
issued by the municipal exemption designee, provided such determination
indicates that the proposal qualifies as a Highlands Act exemption.
The applicant may rely upon the findings of a municipal exemption
determination to the same extent and with the same protections as
would apply in the case of a Highlands exemption determination issued
by the Highlands Council, or of a HAD issued by the NJDEP.
For the purpose of this Part 11, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Part 11 clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings.
Construction for the purposes of supporting common farm-site 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, grazing; and agricultural labor housing as provided for in the Code of Chester Township, Chapter 113, Land Use.
The use of land for common farm-site 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, grazing; and agricultural labor housing as provided for in the Code of Chester Township, Chapter 113, Land Use.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation:
Contain no known man-made structures (whether above or below
the surface of the ground) other than such features as old stone rows
or farm field fencing; and
Consist of exposed rock outcroppings, or areas which, through
exposure to natural processes (such as weathering, erosion, siltation,
deposition, fire, flood, growth of trees or other vegetation) are
no longer impervious or visually obvious, or ecologically restored
areas which will henceforth be preserved as natural areas under conservation
restrictions.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
The determination made by the NJDEP of whether a project
proposed for the Preservation Area is a major Highlands development,
whether any such major Highlands development is exempt from the Highlands
Act, and whether the project is consistent with the applicable areawide
water quality management plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan, specifically
in the context of this Part 11, the Township of Chester Highlands
Preservation Area and Planning Area.
The New Jersey Highlands Water Protection and Planning Council.
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
Land uses and activities determined by the Highlands Council
to pose a major risk of groundwater contamination. (See Appendix A.[1])
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination. (See Appendix B.[2])
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
The process by which a municipality revises the master plan,
development regulations and other regulations related to the development
and use of land to conform them to the goals, requirements, and provisions
of the Regional Master Plan in accordance with the Highlands Plan
Conformance Guidelines.
Lands within the Highlands Region not within the Preservation
Area (N.J.S.A. 13:20-7).
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.
A well that provides water to a public water system serving
at least 15 service connections used by year-round residents or regularly
serving at least twenty-five-year-round residents.
A well that is not a public community well and that provides
water to a public water system regularly serving at least 25 individuals
for at least 60 days in any given calendar year.
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended.)
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
[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.