Forests are a defining visual and functional feature of the
Highlands Preservation 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 ground water 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 Preservation 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.
All portions of the Highlands Preservation Area identified by the Highlands Council as containing forest (as defined at § 230B-3.2) appear as Total Forest Area in the map titled "Forest Resource Area, Total Forest Area" (Exhibit 2),[1] adopted and incorporated as a component of this chapter pursuant to § 230B-4.4, above. The Total Forest Area includes forested portions of lands designated as Forest Resource Area, as provided at § 230B-4.3.1 above.
[1]
Editor's Note: Exhibit 2 is included as an attachment to this chapter.
Clear-cutting is prohibited in any forested portion of the Highlands
Preservation 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: Appendix A is included as an attachment to this chapter.
Any forest disturbance (as defined at § 230B-3.2), other than that authorized pursuant to an HPAA issued by the NJDEP, shall be permitted only upon a finding by the reviewing board 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 chapter;
B.
Incorporation of low-impact development techniques (See § 230B-7.2) appropriate to the activity or development project proposed;
C.
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
D.
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.
Forest impact reports shall contain, at minimum, the items listed
in this subsection.
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.[1] A map indicating any on-site areas designated as Forest
Resource Area or Total Forest Area (Exhibit 2).[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
Area may be relied upon for off-site forest identification.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Exhibit 2 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)
If the applicant proposes site-specific forest information that
differs from mapped forest resources, including information based
on the method in Appendix A, the information must either be approved
by NJDEP through a Highlands Resource Area Determination, or 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.
(7)
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 § 230B-3.2), constitutes deforestation, shall include:
(1)
A description of the area surrounding the subject property within
a radius of 0.5 mile.
(2)
A map of all forest resources, as described in the Environmental
Resources Inventory, within a radius of 0.5 mile of the property,
including any areas designated as Forest Resource Area or Total Forest
Area (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.
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 a survival rate
of at least 75% after three years.
A.
Highlands Open Waters (Exhibit 3)[1] 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 Preservation 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 Preservation 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.
[1]
Editor's Note: Exhibit 3 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)[2] 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 ground
water 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.
[2]
Editor's Note: Exhibit 4 is included as an attachment to this chapter.
C.
It is in the interest of the local community, the Highlands Region,
and the state of New Jersey that the Highlands Open Waters of the
Township Highlands Preservation Area, including associated buffers
and Riparian Areas, receive the highest level of protection possible.
The map of Highlands Riparian Areas (Exhibit 4) includes all Highlands
Open Waters and associated flood-prone areas, riparian soils and wildlife
corridors.
All Highlands Open Waters shall include a minimum three-hundred-foot-wide
protection buffer, as measured from the edge of the discernible bank
of the Highlands Open Waters feature, or from the center line where
no discernible bank exists. These buffers are included in the map
of Highlands Open Waters at Exhibit 3[1] 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 three-hundred-foot-wide protection buffer measured from the delineated
limits of the feature, as indicated by a Highlands Resource Area Determination
issued by the NJDEP.
[1]
Editor's Note: Exhibit 3 is included as an attachment to this chapter.
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 chapter 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.
D.
Municipal stormwater management requirements. Where the provisions
of this section are in conflict with the provisions of an adopted
municipal stormwater management ordinance (See Township Ordinance
No. 2006-49,[1] effective December 12, 2006.), the more restrictive of
the two shall apply.
E.
Stream corridor protection/restoration plan. Where the provisions
of this section are in conflict with the provisions of an adopted
stream corridor protection/restoration plan, 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. 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.
Disturbance of any portion of a Highlands Riparian Area is prohibited
except for linear development, which shall be permitted only provided
that there is no feasible alternative for the linear development outside
of the Riparian Area. The provisions of this subsection shall apply
until and unless Riparian Area disturbances are otherwise authorized
under implementing ordinance provisions adopted pursuant to a Highlands
Council-approved Stream Corridor Protection and Mitigation Plan. These
provisions apply only to those portions of the Riparian Area that
extend beyond the limits of designated Highlands Open Waters and associated
three-hundred-foot Highlands Open Waters buffers.
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. For proposed linear development that
would provide access to an otherwise developable lot, the applicant
shall, in addition, show that:
B.
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.
C.
The reviewing municipal authority shall not approve any application
pursuant to this subsection if, after review of the information provided
to support an approval, it finds that there is a reasonable alternative
to the proposed linear development.
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.
The provisions of this section shall apply to the Steep Slope
Protection Area (Exhibit 5)[1] and to any other portion of the Highlands Preservation Area determined to consist of 5,000 square feet or more of contiguous steep slope(s) (as defined at § 230B-3.2). 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 development in the Highlands Preservation Area. In the case of any application requiring issuance of an HPAA, however, administration and enforcement authority remain under the jurisdiction of the NJDEP.
[1]
Editor's Note: Exhibit 5 is included as an attachment to this chapter.
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)
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.
(3)
The reviewing municipal authority shall not approve any application
pursuant to this subsection if, after review of the information submitted
to support an approval, it 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 § 230B-7.2) 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.
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 chapter establishes three categories of Critical Habitat in the Highlands Preservation Area, as set forth at § 230B-4.3.5 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 Preservation 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.
Upon 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.
The Lake Management Area (Exhibit 3)[1] contains all lakes located within the Highlands Preservation Area that have a surface area greater than 10 acres and all land areas that drain into lakes in the Highlands Region of such size, including the three management tiers established at § 230B-4.3.7. Highlands 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 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 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.
[1]
Editor's Note: Exhibit 3 is included as an attachment to this chapter.
The Shoreland Protection Tier encompasses the lands within a Lake Management Area surrounding a Highlands 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 § 230B-6.2 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.
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 Preservation Area 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 section § 230B-6.6.2 or of § 230B-6.2.3 above concerning Highlands Open Waters buffers.
A.
Water quality protection requirements. To prevent or minimize continuous
pollutant sources that can contribute pollutants overland or through
ground water 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.
The Scenic Resources Tier includes Preservation Area 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 are applicable to any development otherwise
permitted in the Scenic Resources Tier. These requirements apply 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 chapter, 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 three-hundred-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 buildings 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 cutoff 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[1] and listed in the Highlands Element of the Master Plan, the provisions of § 230B-6.12 below, shall apply.
[1]
Editor's Note: Exhibit 9 is included as an attachment to this chapter.
The water resources of the Highlands Preservation 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 Preservation
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, ground water 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 ground water supplies from depletion resulting
from unsustainable use. Where ground water supplies are already depleted,
these provisions require measures to enhance and restore this vital
resource.
The provisions of § 230B-6.7.3 below shall apply to all development within the Highlands Preservation Area. The remaining provisions of this section shall apply to any development application proposing a new or increased use of potable or nonpotable water averaging 6,000 gallons per day or more, derived from: a) any ground water source in a Highlands Preservation 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 Preservation Area HUC14 subwatershed that is not associated with a safe yield determined by the NJDEP through a water allocation permit. Specifically excluded from these provisions (§§ 230B-6.7.4 through § 230B-6.7.7), are modifications or improvements to existing uses and structures that do not result in an increase in water demand by an average of 6,000 gallons per day or more.
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).
Net Water Availability has been calculated by the Highlands
Council for each HUC14 subwatershed located within or partially within
the Highlands Preservation Area (Exhibit 10[1]). Expressed in million gallons per day (MGD), the values
assigned to each HUC14 subwatershed derive from subtracting consumptive
and depletive surface and ground water uses for a baseline year, from
total ground water 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 is herewith adopted and incorporated as a component of this chapter.
[1]
Editor's Note: Exhibit 10 is included as an attachment to this chapter.
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.
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.
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 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 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 availability 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:
[1]
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 § 230B-6.7.3 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., homeowners' association by-laws) or other such legal mechanisms must be established to ensure their enforceability.
[2]
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 § 230B-6.7.3, 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 time frame targets:
[1]
Satisfaction of mitigation requirements within
one year of issuance of building permit(s) if the consumptive or depletive
water use is less than 10,000 gallons per day, on average.
[2]
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.
[3]
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 time frame 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 contingency of 10%.
(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.
Prime Ground Water 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 ground water resources upon which both human and nonhuman communities
in the Highlands Preservation Area heavily rely. It is the intent
of the provisions herein to ensure that Prime Ground Water Recharge
Areas of the Highlands Preservation 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.
The provisions of this section shall apply to any development
application involving the Prime Ground Water Recharge Area (Exhibit
7).[1]
[1]
Editor's Note: Exhibit 7 is included as an attachment to this chapter.
Disturbance of a Prime Ground Water 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 Ground Water Recharge Areas unless either
the entirety of the subject property is located within a Prime Ground
Water 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 Ground Water 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 § 230B-7.2) shall be used in the design of the development proposal to reduce total recharge disruption to the minimum feasible, within the fifteen-percent cap.
D.
Mitigation. The proposal includes a PGWRA mitigation plan. Any development
application involving disturbance of a Prime Ground Water 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 Ground Water Recharge Area that will be disturbed. The recharge
mitigation shall occur within the following areas, in order of priority:
Where any use or structure classified as a major potential contaminant
source (PCS) (as listed at Appendix B[1]) is proposed to be located or expanded within a Prime Ground Water Recharge Area, the standards of approval provided at § 230B-6.9.3 below shall apply in addition to the preceding requirements.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
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.
The provisions of this section shall apply to all proposed development
activities in designated Wellhead Protection Areas (Exhibit 7).[1]
[1]
Editor's Note: Exhibit 7 is included as an attachment to this chapter.
Where any permitted use or structure classified as a major potential
contaminant source (PCS) (as listed at Appendix B[1]) is proposed to be located or expanded within a Tier 1
Wellhead Protection Area, the standards of this section shall apply.
As noted previously, these standards shall also apply to any major
PCS proposed to be located or expanded in any portion of a Prime Ground
water Recharge Area. 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.
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 all internal and external areas, including
loading, storage, and transfer areas, in accordance with the provisions
of this section.
(1)
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
(2)
Containers in which regulated substances are stored must be
clearly and visibly labeled and must be kept closed and sealed when
material is not being transferred from one container to another.
(3)
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but are
not limited to any one or a combination of the following:
(a)
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
(b)
Curbing.
(c)
Gutter, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
(f)
Drip pans.
(4)
Secondary containment and/or diversionary systems, structure
or equipment must meet the following standards:
(a)
The system must block all routes by which spilled hazardous
substances could be expected to flow, migrate, or escape into the
groundwater or surface waters.
(b)
The system must have sufficient capacity to contain or divert
the largest probable single discharge that could occur within the
containment area, plus an additional capacity to compensate for any
anticipated normal accumulation of rainwater.
(c)
In order to prevent the discharge of hazardous substances into
groundwater, all components of the system shall be made of or lined
with impermeable materials sufficient to contain the substance for
the duration of a spill event. Such material or liner must be maintained
in an impermeable condition.
(d)
No manufacturing area, processing area, transfer area, dike
storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP approved industrial wastewater treatment or pre-treatment facility,
or other NJDEP approved facility.
(e)
Outdoor storage of regulated substances in regulated containers
and the containment structure must include a cover to minimize accumulation
of water in the containment area and contact between precipitation
and storage container(s).
(5)
Catchment basins, lagoons and other containment areas that may
contain hazardous substances shall not be located in a manner that
would subject them to flooding by natural waterways.
(6)
Stormwater shall be managed so as to prevent contamination of
groundwater, and so as to be in accordance with applicable laws and
regulations of the state of New Jersey and of the municipality.
(7)
All transfers of petroleum from delivery trucks and storage
containers over five gallons in capacity shall be conducted over an
impervious surface having a positive limiting barrier (e.g., berm,
lip) at its perimeter.
B.
Compliance mechanisms. Any of the following permits and authorizations shall be considered equivalent to the best management practices of this chapter. As applicable to the PCS involved, these may also be submitted, in lieu of an operations and contingency plan, as otherwise required under § 230B-6.9.3C, 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, 7:26C, 7:26D or 7:26E, or by the United States
Environmental Protection Agency pursuant to the Resource Conservation
Recovery Act (RCRA)[2] or the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA);[3]
(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 § 230B-6.10.4 below and Appendix E[4]);
[4]
Editor's Note: Appendix E is included as an attachment to this chapter.
(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.
C.
Operations and contingency plans. Unless one of the permits or approvals listed at § 230B-6.9.3B(1) through (8) above is provided, or the applicant certifies that no potential contaminants will be stored, discharged, manufactured or used on site, as a condition of approval of any application involving a major PCS, the applicant shall prepare and obtain approval of an operations and contingency 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.
D.
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 Department 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.
E.
Required content of operations and contingency plans. An operations
and contingency plan shall be developed, where required under this
chapter, for each major PCS or group thereof (where multiple sources
exist within a single facility owned and operated by a single entity)
and shall address the elements listed herein. The operations and contingency
plan must demonstrate that the potential for a significant discharge
is the lowest technologically feasible.
(1)
Documentation of the applicable major potential contaminant
sources existing and proposed 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 in § 230B-6.9.3 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 provides 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.
(8)
Demonstration that the proposed facility is designed to employ
best management practices to the maximum extent feasible.
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
Parts 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.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[Added 8-15-2017 by Ord.
No. 2017-27]
A prompt investigation shall be made by the appropriate personnel
of the Health Department of Montville Township, of any person or entity
believed to be in violation hereof. If, upon inspection, a condition
which is in violation of this section is discovered, a civil action
in the Special Part of the Superior Court, or in the Superior Court
if the primary relief sought is injunctive or if penalties may exceed
the jurisdictional limit of the Special Civil Part, by the filing
and serving of appropriate process. Nothing in this section shall
be construed to preclude the Township's right, pursuant to N.J.S.A.
26:3A-25, to initiate legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this chapter shall constitute
a separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
article. Each day a violation continues shall be considered a separate
offense.
The Highlands Preservation 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 § 230B-3.2) in the Highlands Preservation 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.
The provisions of this section apply to agricultural and horticultural
uses in the Highlands Preservation Area.
The approval of any application for agricultural or horticultural
development in the Highlands Preservation Area is subject to specific
requirements of the Highlands Act, as provided at Appendix D,[1] 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[2]).
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
Nothing in these provisions or in the whole of this chapter
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.
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.
The scenic resources of the Township Highlands Preservation
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 Preservation 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 Preservation 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.
Any development application involving property containing Highlands
Scenic Resources pursuant to Exhibit 9[1] and listed as such in the Highlands Element of the Master
Plan), or which lies adjacent to any property containing or partially
containing a Highlands scenic resource, shall comply with all requirements
and ordinance provisions adopted pursuant to any Highlands Council-approved
scenic resources management plan. This will occur once the municipality
has, pursuant to all applicable provisions of the MLUL (N.J.S.A. 40:55D-1
et seq.) established a Historic/Scenic Resources Preservation Commission
authorized to survey, advise and make recommendations concerning scenic
resources, adopted a Historic/Scenic Resources Preservation ordinance,
listed a resource included among the Highlands scenic resources (Exhibit
9) 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.
[1]
Editor's Note: Exhibit 9 is included as an attachment to this chapter.
