Township of Montville, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Terms used in the body of this chapter which are defined by the Highlands Act (N.J.S.A. 13:20-3) 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 chapter, the terms "shall" and "must" are indicative of a mandatory action or requirement, while the word "may" is permissive.
For purposes of this chapter the following definitions shall apply:
AGRICULTURAL IMPERVIOUS COVER
Agricultural or horticultural buildings, structures or facilities with or without flooring, residential buildings and paved areas, but not meaning temporary coverings (N.J.S.A 13:20-3).
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction for the purposes of supporting common farmsite activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing (N.J.S.A. 13:20-3).
AGRICULTURAL OR HORTICULTURAL USE
The use of land for common farmsite activities, including but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control disposal of farm waste, irrigation, drainage and water management, and grazing (N.J.S.A. 13:20-3).
APPLICANT
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 chapter.
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 N.J.S.A. 40:55D-36).
BUILDING PERMIT
Used interchangeably with the term "construction permit," see definition below.
CONSTRUCTION PERMIT
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the MLUL. (N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4).
DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation (N.J.S.A. 13:20-3).
DISTURBANCE, ULTIMATE
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.
ENVIRONMENTAL LAND USE OR WATER PERMIT
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).
FOREST MANAGEMENT PLAN
A written guidance document describing the forest resources present on a property, the landowner's management goals and objectives, and the recommended practices or activities to be carried out over time on the land. This tool is used to evaluate a forest land's current state and provide a management process which, over time, meets the landowner's objectives, while maintaining health and vigor of the resource. Forest management plans are typically written for a ten-year period (RMP, Glossary).
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise (N.J.S.A. 13:20-3).
FARMSITE
A farm management unit as defined above.
HIGHLANDS APPLICABILITY DETERMINATION
A determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4) indicating whether a project proposed for the Preservation Area is a major Highlands development, whether any such major Highlands development is exempt from the Highlands Act, and whether the project is consistent with the applicable Areawide Water Quality Management Plan
HIGHLANDS AREA
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.
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
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, and including an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b.
IMMEDIATE FAMILY MEMBER
A spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption (N.J.S.A. 13:20-3).
IMPERVIOUS SURFACE
Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, including, but not limited to, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements (N.J.S.A. 13:20-3).
IMPERVIOUS SURFACES, CUMULATIVE
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.
MAJOR HIGHLANDS DEVELOPMENT
Except as otherwise provided pursuant to Subsection a. of Section 30 of the Highlands Act ("Exemptions").[1] (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).
MASTER PLAN
For purposes of this chapter, all references to the "Township Master Plan," "master plan," or "Master Plan" refer to the municipal master plan, as defined in the MLUL (N.J.S.A. 40:55D-5), as adopted by the Township Planning Board.
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
For purposes of this chapter, 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."
MUNICIPAL LAND USE LAW (MLUL)
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
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.
PLANNING AREA
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 chapter, this terminology shall also be used to refer to any Planning Area lands located solely within the Township.
PRESERVATION AREA
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 chapter, this terminology shall also be used to refer to Preservation Area lands located solely within the Township.
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array (N.J.S.A. 13:20-3).
STRUCTURE
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: See N.J.S.A. 13:20-28, Subsection a.