[Added 10-15-2014 by Ord. No. 19-14]
A.Â
Applicability.
(1)Â
This article shall apply to any application for development involving
lands located within (or partially within) the Township Highlands
Area (as illustrated in Exhibit 1, "Township of Jefferson Highlands
Preservation Area")[1] that seeks approval of a site plan, subdivision, or change
in use, where approval of such Application would:
(a)Â
Result in the ultimate disturbance of one acre or more of land;
(b)Â
Produce a cumulative impervious surface area of one-quarter
acre, or more;
(c)Â
In the case of residential development, create three or more
dwelling units; or
(d)Â
Introduce or expand on any of the following land uses/facilities:
[1]Â
Landfills;
[2]Â
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills;
[3]Â
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials;
[4]Â
Industrial treatment facility lagoons; or
[5]Â
Any major or minor potential contaminant source (as identified
in Appendix A[2] and Appendix B[3] of this article, respectively) on lands located within 200 feet of the wellhead of any public community well or public noncommunity well, as these are defined at Subsection F below.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
[1]
Editor's Note: A copy of the Jefferson Township Highlands
Preservation Area Master Plan is on file in the Township Offices.
B.Â
Administrative completeness.
(1)Â
Consistency determinations required. No application for development included in Subsection A above, shall be deemed complete or considered for review by the applicable Land Use Board until and unless the applicant has obtained and provided a copy of:
(a)Â
A consistency determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)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 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.
(3)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:
(a)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 Subsection E(2) below), but eligibility for an exemption has been sufficiently established by the applicant; or
(b)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.
(4)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 timeframe, 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.
C.Â
Notice requirements. The provisions of this Subsection 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.
(1)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.
(2)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.
D.Â
Highlands Council call-up provisions.
(1)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 timeframes established pursuant to
the Highlands Act.[4] 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.
[4]
Editor's Note: See N.J.S.A. 13:20-1 et seq.
(2)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.
(a)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:
[1]Â
The Highlands Council call-up period has expired without issuance
of a notice seeking review of the application by the Highlands Council;
or
[2]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.
(b)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 Land Use Board shall incorporate
any conditions imposed by the Highlands Council.
(c)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.
(d)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.
(e)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.
E.Â
Exclusions; and exemptions.
(1)Â
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this article:
(a)Â
The reconstruction, within the same footprint, of any building
or other structure lawfully existing as of the effective date of this
article, in the event of its destruction or partial destruction by
fire, storm, natural disaster, or any other unintended circumstance.
(b)Â
Any improvement or alteration to a building or other structure
lawfully existing as of the effective date of this article, where
such improvement or alteration is necessary for compliance with the
provisions of the Americans with Disabilities Act, or to otherwise
provide accessibility to the disabled.
(c)Â
Any agricultural or horticultural use or development that would
not result in either:
[1]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 Subsection F, below); or
[2]Â
Construction of three or more residential dwelling units (including
accessory dwelling units) served by individual on-site septic system(s).
(2)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 article. Formal demonstration of
a Highlands Act exemption for an application for development involving
lands located (or partially located) in the Preservation Area shall
consist of one of the following:
(a)Â
State agency determination. State agency determinations shall
consist of a Highlands applicability determination (HAD) issued by
the NJDEP indicating that the proposal qualifies as a Highlands Act
exemption.
(b)Â
Municipal determination. Pursuant to Township ordinance entitled
"Township of Jefferson Highlands Area Exemption Ordinance,"[5] for any application under this article involving Highlands
Act Exemptions #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 HAD
issued by the NJDEP.
F.Â
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
FARM MANAGEMENT UNIT
HIGHLANDS ACT
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
HIGHLANDS AREA
HIGHLANDS COUNCIL
HIGHLANDS REGION
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLAN CONFORMANCE
PLANNING AREA
PRESERVATION AREA
PUBLIC COMMUNITY WELL
PUBLIC NONCOMMUNITY WELL
REGIONAL MASTER PLAN (RMP)
SOLAR PANEL
STRUCTURE
Definitions. For the purpose of this article, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this article 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 farmsite
activities, including, but not limited to, the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
The use of land for common farmsite activities, including,
but not limited to, the production, harvesting, storage, grading,
packaging, processing, and the wholesale and retail marketing of crops,
plants, animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing.
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 permits pursuant to Section 25 or Section 27 of P.L.
1975, c.291 (N.J.S.A. 40:55D-34 through N.J.S.A. 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 article, the Township of Jefferson Highlands
Preservation 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.[6]
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).[7]
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix B).[8]
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 with 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.[9]
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.
[6]
Editor's Note: See N.J.S.A. 13:20-7a.
[7]
Editor's Note: Appendix A is included as an attachment to this chapter.
[8]
Editor's Note: Appendix B is included as an attachment to this chapter.
[9]
Editor's Note: See N.J.S.A. 13:20-7b.
[Added 10-15-2014 by Ord. No. 20-14]
A.Â
Title; purpose; scope.
(1)Â
Purpose. The purpose of this section is to set forth the procedural
and substantive requirements by which the municipality will issue
Highlands Act exemption determinations. Such determinations pertain
only to Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands
Act exemption determinations indicate whether proposed activities,
improvements or development projects affecting lands located within
the Township of Jefferson Highlands Area are exempt from the Highlands
Water Protection and Planning Act ("Highlands Act," N.J.S.A. 13:20-1
et seq.), and are therefore exempt from the Highlands Water Protection
and Planning Council's ("Highlands Council") Regional Master Plan,
the New Jersey Department of Environmental Protection's (NJDEP) Highlands
Water Protection and Planning Act Rules ("Preservation Area Rules,"
N.J.A.C. 7:38-1 et seq.), and from any amendments to the Township
of Jefferson's Master Plan, development regulations, or other regulations
adopted pursuant to the approval of the Township of Jefferson's petition
for plan conformance by the Highlands Council.
(2)Â
Scope; applicability. The provisions of this section pertain to activities, improvements and development projects involving lands located within the Township of Jefferson Highlands Preservation Area. The Highlands Preservation Area comprises that portion of the municipality for which the applicable provisions of the Township of Jefferson Master Plan, land use ordinances and other pertinent regulations have been deemed by the Highlands Council to be in conformance with the Highlands Regional Master Plan (RMP) [see Subsection C(1)(a)]. The provisions of this section shall not be construed to alleviate any person or entity from the provisions and requirements of any other applicable ordinances, rules, or regulations of the municipality, or from any other applicable law, regulation, or requirement of any county, state, or federal authority having jurisdiction. Nor shall the provisions of this section deprive any person or entity from seeking a Highlands exemption determination from the NJDEP.
(3)Â
Statutory authority. This section is adopted under the authority
of the Highlands Act and the New Jersey Municipal Land Use Law ("MLUL,"
N.J.S.A. 40:55D-1 et seq.). In the Highlands Act, the Legislature
identified numerous categories of activities that are exempt from
the Act, the RMP, the Preservation Area rules, and any amendments
to a master plan, development regulations, or other regulations adopted
by a local government to conform them with the RMP. (See N.J.S.A.
13:20-28.) The Legislature granted the Highlands Council the authority
to administer the plan conformance process and to approve, reject,
or approve with conditions municipal plan conformance petitions. (See
N.J.S.A. 13:20-14 and 13:20-15.) The Legislature, through the MLUL,
granted authority to New Jersey municipalities to govern land use
and development within their borders and, through the Highlands Act,
established requirements for Highlands municipalities to conform their
land use and development regulations with the RMP. In a July 19, 2012,
memorandum of understanding (MOU) between the Highlands Council and
the NJDEP, the Council and the NJDEP recognized the circumstances
in which it would be appropriate for conforming, Highlands Council-certified
municipalities to make determinations regarding specified Highlands
Act exemptions.
B.Â
Definitions.
(1)Â
Word usage. Terms used in the body of this section 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 section, the terms "shall" and "must"
are indicative of a mandatory action or requirement while the word
"may" is permissive.
(2)Â
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
BUILDING PERMIT
CONSTRUCTION PERMIT
DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
ENVIRONMENTAL LAND USE OR WATER PERMIT
FARM MANAGEMENT UNIT
FARMSITE
FOREST MANAGEMENT PLAN
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR HIGHLANDS DEVELOPMENT
(a)Â
(b)Â
(c)Â
(d)Â
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLANNING AREA
PRESERVATION AREA
SOLAR PANEL
STRUCTURE
Definitions. For purposes of this section the following definitions
shall apply:
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings. (N.J.S.A. 13:20-3.)
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.)
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.)
Any entity applying to the Board of Health, Land Use Board,
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 section.
[Amended 12-18-2019 by Ord. No. 19-28]
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).
Used interchangeably with the term "construction permit,"
see definition below.
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.
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.)
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.)
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 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 (C.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.)
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.)
A farm management unit as defined above.
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.)
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.
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.
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.
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.)
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.)
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.
Except as otherwise provided pursuant to Subsection a of
Section 30 of the Highlands Act ("Exemptions"):
Any nonresidential development in the Preservation Area;
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;
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
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.)
For purposes of this section, all references to the "Township
of Jefferson 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 of Jefferson Land Use Board.
[Amended 12-18-2019 by Ord. No. 19-28]
For purposes of this section, 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."
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.
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 section, this terminology shall also be used to refer
to any planning area lands located solely within the Township of Jefferson.
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 section, this terminology shall also be used to refer to Preservation
Area lands located solely within the Township of Jefferson.
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.)
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.
C.Â
Geographic area of applicability.
(1)Â
Highlands Planning Area and Preservation Area. The Highlands Act
establishes the Preservation Area and Planning Area of the Highlands
Region. It describes the varied attributes of each and sets forth
the major land use planning goals that pertain to the lands located
within each. The Act defines the geographic extent of the Highlands
Region to include the aggregated land area making up its constituent
municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation
of the Preservation Area by use of a specific metes and bounds description
(N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands
Region as the Planning Area.
(a)Â
Highlands area. The Township of Jefferson Master Plan incorporates
the Highlands Preservation Area, inclusive of the goals applicable
to it, as an integral component of the planning and land use policies
of the municipality. For purposes of this section, this area is designated
as the Township of Jefferson Highlands Area. A map of the Township
of Jefferson Highlands Area appears in Exhibit 1.[1]
[1]
Editor's Note: A copy of the Jefferson Township Highlands
Preservation Area Master Plan is on file in the Township Offices.
(b)Â
Applicability specified. This section applies specifically and
solely to lands designated as the Township of Jefferson Highlands
Area, as delineated in Exhibit 1.
D.Â
Highlands Act exemption determinations.
(1)Â
Highlands Act exemptions.
(a)Â
Section 30 of the Highlands Act identifies as exempt, specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including but not limited to zoning permit applications, building permit applications, and applications for development [as defined at Subsection B(2)]. Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township of Jefferson's Master Plan, development regulations, or other regulations adopted pursuant to the approval of Township of Jefferson's petition for plan conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township of Jefferson pursuant to the Highlands Council's approval of Township of Jefferson's petition for plan conformance.
(b)Â
Evidence that a proposed activity, improvement, or development project qualifies as a Highlands Act exemption may be sought in the form of either a state agency exemption determination or a municipal exemption determination as provided at Subsections D(1)(b)[1] and D(1)(b)[2] below, respectively.
[1]Â
State agency exemption determination. State agency exemption determinations shall consist of a Highlands applicability determination issued by the NJDEP. State agency determinations may be requested with regard to any Highlands Act exemption, however for applications involving any exemption not identified at Subsection D(2) below, a state agency exemption determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any state entity or local government unit, or for any other publicly owned or controlled land or facility, also must request a state agency exemption determination.
[2]Â
Municipal exemption determination. For an application involving any of the specific exemptions listed in Subsection D(2) below, the applicant may request a municipal exemption determination. The applicant may rely upon the findings of a municipal exemption determination to the same extent as would apply to an exemption determination issued by the NJDEP.
(2)Â
Highlands Act exemptions eligible for municipal determination. Effective
as of the date on which the municipality receives written authorization
from the Highlands Council to proceed, an applicant may seek a municipal
exemption determination for the Highlands Act exemptions listed hereunder.
(a)Â
Exemption 1. The construction of a single-family dwelling, for
an individual's own use or the use of an immediate family member,
on a lot owned by the individual on the date of enactment of the Highlands
Act (August 10, 2004) or on a lot for which the individual entered
into a binding contract of sale to purchase on or before May 17, 2004.
(b)Â
Exemption 2. The construction of a single-family dwelling on
a lot in existence on the date of enactment of the Highlands Act (August
10, 2004), provided that the construction does not result in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more.
[1]Â
A municipal exemption determination indicating that an applicant qualifies under Highlands Act Exemption 2 shall require approval and filing of a deed notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the municipal exemption determination. (See Subsection D(4) below.) Municipal exemption determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved deed notice.
(c)Â
Exemption 4. The reconstruction of any building or structure
for any reason within 125% of the footprint of the lawfully existing
impervious surfaces on the site, provided that the reconstruction
does not increase the lawfully existing impervious surface by 1/4
acre or more. This exemption shall not apply to the reconstruction
of any agricultural or horticultural building or structure for a nonagricultural
or nonhorticultural use.
[1]Â
For purposes of this section, this exemption shall not be construed
to permit multiple 125% footprint expansions, but rather, to permit
one or more reconstruction activities cumulatively resulting in a
maximum 125% increase in the footprint of the impervious surfaces
lawfully existing on the site, provided they do not cumulatively exceed
the 1/4 acre limitation. Any determination of whether the expansion
of impervious cover meets the statutory criteria for the exemption
must account for the preexisting impervious cover, and such expansion
must be contiguous to the location of the existing impervious cover.
See In re August 16, 2007, Determination of NJDEP ex rel. Christ Church,
414 N.J. Super. 592 (App. Div. 2010), certif. denied, 205 N.J. 16
(2010).
[2]Â
The applicable date of lawful existence shall be August 10,
2004, the date of enactment of the Highlands Act.
(d)Â
Exemption 5. Any improvement to a single-family dwelling in
existence on the date of enactment of the Highlands Act (August 10,
2004), including but not limited to an addition, garage, shed, driveway,
porch, deck, patio, swimming pool or septic system.
(e)Â
Exemption 6. Any improvement, for nonresidential purposes, to
a place of worship owned by a nonprofit entity, society or association,
or association organized primarily for religious purposes, or a public
or private school, or a hospital, in existence on the date of enactment
of the Highlands Act (August 10, 2004), including but not limited
to new structures, an addition to an existing building or structure,
a site improvement, or a sanitary facility.
(f)Â
Exemption 7. An activity conducted in accordance with an approved
woodland management plan pursuant to Section 3 of the "Farmland Assessment
Act," P.L. 1964, c.48 (N.J.S.A. 54:4-23.3) or a forest stewardship
plan approved pursuant to Section 3 of P.L. 2009, c. 256 (the "State
Park and Forestry Resources Act," N.J.S.A. 13:1L-31), or the normal
harvesting of forest products in accordance with a forest management
plan or forest stewardship plan approved by the State Forester.
(g)Â
Exemption 8. The construction or extension of trails with nonimpervious
surfaces on publicly owned lands or on privately owned lands where
a conservation or recreational use easement has been established.
(3)Â
Exemption designee(s). Municipal exemption determinations regarding
Highlands Act exemptions shall be issued by the Township of Jefferson
Engineer (primary), and/or Construction Official (alternate). The
exemption designee(s) shall be authorized to issue municipal exemption
determinations on behalf of the municipality, and shall only begin
to do so, after satisfactory completion of a Highlands Council training
class for which the individual(s) has/have received formal certification
from the Highlands Council.
(a)Â
Updates to training certification. In the event of programmatic
changes, updated information, or modifications to procedures, updated
training certification may be required of exemption designees in order
to maintain qualifications for providing municipal exemption determinations.
The Highlands Council will provide training modules on an as-needed
basis, to provide base training to new employees, and/or to further
the expertise of already-certified individuals. Exemption designees
and the municipalities they serve will be advised of any need for
upgraded training, which will be provided and funded by the Highlands
Council.
(b)Â
Interim determinations. For the duration of any period during which the municipality is without a qualified exemption designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the NJDEP for a state agency determination pursuant to Subsection D(1)(b)[1], above.
(4)Â
Application procedures.
(a)Â
Municipal exemption applications. Requests for municipal exemption determination shall be submitted on forms provided by the Township Engineer and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption appear at Subsection D(4)(i) below.
(b)Â
Completeness determination. The exemption designee shall review
the application and all accompanying materials to determine whether
sufficient information has been submitted to make a determination
on the application. In the event of a finding that the application
is incomplete, the exemption designee shall, within 30 calendar days
of receipt, issue such findings, in writing, to the applicant, indicating
what information is required to properly consider the application.
(c)Â
Time for determination. The exemption designee shall issue municipal
exemption determinations within 30 calendar days of receipt of a complete
application. The exemption designee may consult with the NJDEP or
the Executive Director (or applicable designee) of the Highlands Council
as needed in making any exemption determination, however. In such
circumstance, the exemption designee shall seek such assistance within
the thirty-day period and shall issue the determination within at
least 20 calendar days of receiving the requested guidance. In no
case shall failure to meet this date constitute approval of the exemption.
(d)Â
Determinations. All Municipal Exemption Determinations shall be provided, in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any municipal exemption determination certifying to the applicability of Highlands Act Exemptions #2 shall be contingent upon submission of proof of filing of the required deed notice, as set forth at Subsection D(4)(e), below.
(e)Â
Notice of determination required. The exemption designee shall
provide copies of all municipal exemption determinations, including
a copy of the full application, to the Highlands Council and to the
NJDEP within 10 business days of issuance.
(f)Â
Deed notice for Exemption 2. Any municipal exemption determination that certifies to the applicability of Highlands Act Exemption 2 (Subsection D(2)(b) above), shall be issued conditionally, pending fulfillment of the requirement that a deed notice be recorded in the office of the County Clerk or Register, as applicable, indicating the extent of the exemption that has been consumed. The deed notice shall incorporate each of the components listed below and the applicant shall provide a copy of the filed deed notice to the Highlands Council within five business days of filing.
[1]Â
Clear identification of the name(s) and address(es) of the owner(s)
in fee of the property;
[2]Â
Designated tax block and lot number(s), street address(es),
municipality and county of location of the property;
[3]Â
Reference to the municipal exemption determination (by date,
numbering if applicable) issued and under which the deed notice is
being filed;
[4]Â
Description of the approved area of ultimate disturbance and
the impervious surface area, with verification that these remain below
the statutory limits;
[5]Â
For properties of one acre or more in area, metes and bounds
delineation indicating the portion of the property for which the ultimate
disturbance has been authorized;
[6]Â
Agreement to abide by the ultimate disturbance and impervious
surface limits imposed, any furtherance thereof rendering the municipal
exemption determination null and void; and
[7]Â
Notice that the owner(s) and subsequent owner(s) and lessees
shall cause all leases, grants, and other written transfers of interest
in the property to contain provisions expressly requiring all holders
thereof to take the property subject to the limitations therein set
forth.
(g)Â
Appeal of municipal exemption determination. A municipal exemption
determination may be appealed by any affected person/entity by filing
a notice of appeal within 20 calendar days of issuance or receipt
of said determination, whichever is later, specifying the grounds
therefor. Appeals must be filed with the NJDEP. All appeals shall
be copied to the exemption designee, who shall immediately transmit
to the NJDEP copies of the notice of appeal, the municipal exemption
determination application, and all supplemental materials constituting
the record that the exemption designee relied upon in issuing the
municipal exemption determination. Where the municipal exemption determination
deems an activity, improvement or development project exempt, the
filing of an appeal to the NJDEP shall stay all proceedings in furtherance
of its approval by the municipality.
(h)Â
Effect of certified exemption. Issuance of a municipal exemption
determination that certifies to the applicability of a Highlands Act
exemption shall recognize the applicant's exemption from the provisions
of the RMP, NJDEP Preservation Area rules, and any municipal ordinances
and requirements adopted under the authority of the Highlands Act
to achieve Highlands plan conformance. The exemption is restricted
solely to the extent of the specified activity, improvement, or development
project as described in the language of the Highlands Act exemption,
or to any lesser activity, improvement, or development project as
proposed and certified through a municipal exemption determination
application. Any activity, improvement, or development project, or
any part thereof, that is not specifically listed as an exemption
or exceeds the limits of an exemption, remains subject to all of the
above regulatory programs to the full extent of the respective applicability
of each. Issuance of a highlands exemption determination shall not
relieve the applicant from securing all other required federal, state,
or local approvals.
(i)Â
The fee at the time of application for a municipal exemption
determination shall be $500 or $250 if an engineering plot plan application
is also required.
[Amended 5-19-2021 by Ord. No. 21-07]
(j)Â
Submission requirements. All applications shall be accompanied
by the municipal exemption determination application form, the applicable
fees, and the information listed below, as applicable to the particular
exemption or exemption(s) being sought by the applicant. All references
to professional preparers indicated herein shall be construed to include
any and all qualified individuals licensed, certified, or otherwise
eligible and authorized to complete such work, in accordance with
the applicable laws and legal requirements of the State of New Jersey,
including but not limited to the MLUL (N.J.S.A. 40:55D-1 et seq.)
and Title 13 of the New Jersey Administrative Code, Law and Public
Safety. Where the exemption designee finds that any submission item
is not necessary to address the evidentiary requirements that must
be satisfied for issuance of an exemption determination, either because
alternate items have been provided by the applicant, or the relevant
information is readily available through records, maps, or any other
documents on file in the offices of the municipality, the exemption
designee may waive the applicant's obligation to submit such information.
[1]Â
Exemption 1.
[a]Â
A copy of a deed, closing or settlement statement,
title policy, tax record, mortgage statement or any other official
document showing that the lot was legally owned by the applicant on
or before August 10, 2004, and indicating the lot and block as designated
by the municipal tax mapping, the municipality and county in which
the lot is located, and the street address;
[b]Â
If the applicant did not own the lot, a copy of
the binding contract of sale executed by the seller and the applicant
on or before May 17, 2004, for the lot on which the house is to be
constructed; and
[c]Â
A certification by the applicant stating that the
single-family dwelling proposed for construction on the lot specified
and described therein by tax lot and block, municipality and county
of location, and street address, is intended for the applicant's own
use or the use of an immediate family member as identified therein
by name and relationship to the applicant.
[2]Â
Exemption 2.
[a]Â
A copy of the recorded deed or plat showing that
the lot was created on or before August 10, 2004, or proof of subdivision
approval on or before August 10, 2004;
[b]Â
A property survey certified by a licensed New Jersey
Professional Land Surveyor indicating the property boundary lines
and overall lot size, and showing what structures currently exist
on the lot, if any;
[c]Â
A parcel plan certified by a licensed New Jersey
professional engineer showing all existing and proposed development,
including all structures, grading, clearing, impervious surface and
disturbance, and including the calculations supporting the claim that
impervious surfaces and areas of disturbance are within the limits
necessary for Exemption 2; and
[3]Â
Exemption 4.
[a]Â
A parcel plan certified by a licensed New Jersey
professional engineer depicting:
[b]Â
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
lawfully existing on the site as of August 10, 2004; and
[c]Â
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading.
[d]Â
A copy of any official documentation of the original
date of construction of the building or otherwise establishing the
lawfulness of existing impervious surfaces.
[4]Â
Exemption 5.
[a]Â
A copy of any official documentation proving the
single-family dwelling was in existence on August 10, 2004;
[b]Â
A description of the proposed improvement; and
[c]Â
A certification from the applicant that the property
and all improvements will continue to be used for single-family dwelling
purposes.
[5]Â
Exemption 6.
[a]Â
A copy of any official documentation indicating
that the place of worship, public or private school or hospital was
in existence on August 10, 2004;
[b]Â
For improvements to a place of worship, documentation
showing that the entity, society or association, or association organized
primarily for religious purposes has nonprofit status;
[c]Â
A site plan certified by a licensed New Jersey
professional engineer depicting:
[i]Â
All existing property improvements including all structures,
grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
[ii]Â
All proposed development, including all structures, impervious
surfaces, clearing limits, and limits of disturbance, including grading.
[6]Â
Exemption 7.
[a]Â
For a private landowner with an approved woodland
management plan or forest stewardship plan:
[i]Â
A copy of the applicant's tax bill showing that
the site has farmland assessment tax status under the New Jersey Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
[ii]Â
A brief description of the total area of woodlands
that is the subject of the approved woodland management plan or forest
stewardship plan;
[iii]Â
A brief description of the length of time that
the area to be managed has been in use for woodland management or
forest stewardship plan; and
[iv]Â
A copy of the approved woodland management plan
or forest stewardship plan.
[b]Â
For the normal harvesting of forest products in
accordance with a forest management plan or forest stewardship plan
approved by the State Forester:
[i]Â
A brief description of the total area where the
normal harvesting of forest products occurs;
[ii]Â
A brief description of the length of time that
the area to be managed has been in use for normal harvesting of forest
products; and
[iii]Â
A copy of a forest management plan or forest
stewardship plan approved by the State Forester.
[7]Â
Exemption 8.
[a]Â
A site plan certified by a licensed New Jersey
professional engineer showing the proposed trail construction with
details including the location, and width of existing and proposed
trails and those off-site trails to which they connect, if any;
[b]Â
A written description of the nonimpervious materials
to be used; and
[c]Â
For privately owned property, a copy of a deed
for the property and the conservation or recreational use easement
on the property.