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.
Highlands Preservation Area. The Township 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 chapter, this Area is herewith
designated the Township Highlands Preservation Area, also referred
to herein as the Highlands Preservation Area, or Preservation Area.
B.
Preservation Area adopted. The Preservation Area, to the full extent
of its limits within the Township, is herewith adopted and established
as an overlay to municipal zoning.
The Highlands RMP establishes three primary zones (the Protection
Zone, Conservation Zone and Existing Community Zone) and four subzones
(Wildlife Management Subzone, Conservation Zone-Environmentally Constrained
Subzone, Existing Community Zone-Environmentally Constrained Subzone
and Lake Community Subzone) each with its own purpose, application
and development criteria. Delineation of Highlands Zones finds basis
in the underlying natural resources, the extent of existing development
and supporting infrastructure, and the potential to support new development
and redevelopment. Highlands Zones are intended to ensure that the
density and intensity of future development and redevelopment do not
exceed the capacity of the land, natural resources and existing infrastructure
to support them. The Township Master Plan incorporates the Highlands
zones and subzones as an integral component of the planning and land
use policies of the municipality. In keeping with the Land Use Plan
of the Township Master Plan, the following Highlands zones and subzones
are herewith established as overlays to existing municipal zoning:
A.
Protection Zone. The Protection Zone contains the highest-quality
natural resource value lands of the Highlands Preservation Area. Lands
in the Protection Zone are essential to maintaining water quality,
water quantity and sensitive ecological resources and processes and
have limited or no capacity to support human development without adversely
affecting overall ecological function. Land acquisition is a high
priority for lands in the Protection Zone and development activities
will be extremely limited. Any development will be subject to stringent
limitations on consumptive and depletive water use, degradation of
water quality, and impacts to environmentally sensitive lands and
natural resources.
B.
Wildlife Management Subzone. The Wildlife Management Subzone, a subzone
of the Protection Zone, consists of areas managed by the United States
Fish and Wildlife Service as part of the National Wildlife Refuge
System, and lands within the Wildlife Management Area System administered
by the NJDEP Division of Fish and Wildlife's Bureau of Land Management.
These areas are part of a network of lands and waters for conservation,
management, and where appropriate, restoration of fish, wildlife and
plant resources and their habitats. Lands within the Wildlife Management
Subzone are intended for compatible wildlife-dependent recreational
uses such as hunting, fishing, wildlife observation and photography,
and environmental education and interpretation.
C.
Conservation Zone. The Conservation Zone consists of areas with significant
agricultural lands interspersed with associated woodlands and environmental
features that should be preserved when possible. The Conservation
Zone is intended primarily for agricultural use and development, including
ancillary and supporting uses and activities. Nonagricultural development
activities will be limited in area and intensity due to infrastructure
constraints and resource protection goals. Where nonagricultural development
does occur, it must be compatible with agricultural uses.
D.
Conservation Zone-Environmentally Constrained Subzone. The Conservation
Zone-Environmentally Constrained Subzone consists of lands containing
significant environmental features within the Conservation Zone that
should be preserved and protected from nonagricultural development.
Development activities will be limited and subject to stringent limitations
on consumptive and depletive water use, degradation of water quality,
and impacts to environmentally sensitive lands.
E.
Existing Community Zone. The Existing Community Zone consists of
areas of concentrated development representing existing communities.
These areas tend to have limited environmental constraints due to
previous development patterns, and may have existing infrastructure
that can support additional development or redevelopment. Where served
by adequate supporting infrastructure, lands within the Existing Community
Zone are suited to higher densities and intensities of development
than other zones.
F.
Existing Community Zone-Environmentally Constrained Subzone. The
Existing Community Zone-Environmentally Constrained Subzone consists
of significant contiguous critical habitat, steep slopes and forested
lands within the Existing Community Zone that should be protected
from further fragmentation. They serve as regional habitat "stepping
stones" to larger contiguous critical habitat and forested areas.
As such, they are not appropriate for significant development, and
are best served by land preservation and protection. Development is
subject to stringent limitations on consumptive and depletive water
use, degradation of water quality, and impacts to environmentally
sensitive lands.
G.
Lake Community Subzone. The Lake Community Subzone consists of that
portion of the Existing Community Zone that lies within 1,000 feet
of all lakes of 10 acres or more in surface area. The purpose for
the subzone is to protect and enhance water quality, resource features,
shoreline recreation, scenic quality, and community character. This
subzone incorporates unique regulatory requirements to prevent degradation
of water quality, harm to lake ecosystems, and watershed pollution,
while promoting natural aesthetic values within the Existing Community
Zone.
The Highlands RMP establishes Highlands Resource Areas and Special
Protection Areas, each delineated based on the existence of one or
more significant Highlands resources or critical or sensitive environmental
characteristics or features. The Township Master Plan incorporates
each of these areas to the extent of their physical limits within
the Highlands Preservation Area, and the specific policies, goals
and objectives relating to their protection as an integral component
of the planning and land use policies of the municipality. In keeping
with the Township Master Plan, the following Highlands Resource Areas
and Special Protection Areas are herewith established as overlays
to municipal zoning:
A.
Forest Resource Area. The Forest Resource Area contains high ecological
value forest areas including forested areas having the least fragmentation
which are vital to the maintenance of ecological processes. The Forest
Resource Area includes forested areas characterized by one or more
of the following forest integrity indicators: a contiguous forest
patch of 500 acres or more; an area consisting of 250 contiguous acres
or more of core forest; or areas accounting for 45% or more of mean
total forest cover.
B.
Highlands Open Waters. Highlands Open Waters consist of all springs,
streams including intermittent streams, wetlands, and bodies of surface
water, whether natural or artificial, located wholly or partially
within the boundaries of the Highlands Region, but not including swimming
pools. Highlands Open Waters include seeps, lakes, ponds, and vernal
pools, all categories (including springs, streams, and wetlands) as
described and defined in the Township Environmental Resource Inventory.
C.
Riparian areas. Riparian areas are areas adjacent to and hydrologically
interconnected with Highlands Open Waters rivers and streams. They
consist of flood-prone areas, wetlands, soils that are hydric, alluvial,
or have a shallow depth to groundwater. Riparian areas also include
wildlife passage corridors within 300 feet of surface Highlands Open
Waters features.
D.
Steep slope protection area. The steep slope protection area is comprised
of those portions of the Highlands Preservation Area encompassing
a minimum of 5,000 square feet of contiguous area, which are characterized
either by grades of 15% or greater, or, if in a riparian area, 10%
or greater. The steep slope protection area includes the following
subclassifications:
(1)
Severely constrained slopes. All lands having slopes of 20% or greater
and lands within riparian areas having slopes of 10% and greater.
(2)
Moderately constrained slopes. All forested non-riparian area lands
having a slope of 15% to less than 20%.
(4)
Limited constrained slopes. All nonforested, non-riparian area lands
having a slope of 15% to less than 20%, which are not highly susceptible
to erosion, and do not have a shallow depth to bedrock or a soil capability
class indicative of wet or stony soils.
E.
Critical habitat. Critical habitat is comprised of all land areas
in the Highlands Preservation Area designated as critical wildlife
habitat, significant natural areas, and vernal pools, including vernal
pool buffers. Each of these is established as an overlay to municipal
zoning.
(1)
Critical wildlife habitat. Critical wildlife habitat consists of
those areas within NJDEP's Landscape Project Version 3 (or more
recent version, as amended) that are Landscape Rank 2 through 5, including
all Highlands conservation ranks.
(2)
Significant natural areas. Significant natural areas consist of the
95 NJDEP Natural Heritage Priority Sites, including habitat for documented
threatened and endangered plant species, and lands that include unique
or regionally significant ecological communities and other significant
natural sites and features.
(3)
Vernal pools. Areas designated as vernal pools consist of NJDEP-certified
vernal pools plus a one-thousand-foot-wide protection buffer surrounding
the perimeter of each such pool. Vernal pools consist of confined,
ephemeral wet depressions that support distinctive, and often endangered,
species that are specially adapted to periodic extremes in water pool
levels.
F.
Carbonate rock areas. Carbonate rock areas consist of those portions
of the Highlands Preservation Area that are underlain by carbonate
rock, such as limestone and dolomite. Inclusion of lands within a
carbonate rock area does not imply the presence of karst features
areawide, but is indicative of the potential for solution of underlying
carbonate rock by surface or groundwater, over time.
G.
Lake management area. The lake management area is defined to include
the drainage area of all lakes entirely or partially within the Highlands
Preservation Area having a total surface area of greater than 10 acres.
The lake management Area includes the following subclassifications:
(1)
Shoreland protection tier. The shoreland protection tier consists
of the lands surrounding a lake that lie within 300 feet of its shoreline,
or between the shoreline and the nearest property line adjacent to
and alongside of the lake, whichever is the lesser.
(2)
Water quality management tier. The water quality management tier
consists of the lands surrounding and draining to a lake that lie
within 1,000 feet of its shoreline. This tier includes the shoreland
protection tier.
(3)
Scenic resource tier. The scenic resource tier consists of the lands
surrounding a lake that lie within 300 feet of its shoreline (the
shoreland protection tier) plus any lands within 1,000 feet of its
shoreline that fall within the viewshed observable from the opposite
shoreline. The limits of such viewsheds require mapped delineations
based upon the topography of such lands, with the highest observable
elevations, forming the viewshed perimeter.
(4)
Lake watershed tier. The lake watershed tier consists of the entirety
of the land area draining to a lake, as determined through the evaluation
of drainage areas using LIDAR topographic analysis or other topographic
data where LIDAR data are not available.
H.
Prime Groundwater Recharge Areas. Prime Groundwater Recharge Areas
consist of those lands having the highest groundwater recharge rates
within each HUC14 subwatershed (as indicated by analysis using the
GSR-32 methodology of the New Jersey Geological Survey), and that
cumulatively provide 40% of the total recharge volume for the subwatershed.
I.
Wellhead protection areas. Wellhead protection areas consist of those
areas surrounding a public water system well, from which groundwater
flows to the well and groundwater contamination, if it occurs, may
pose a significant threat to the quality of water withdrawn from the
well. Wellhead protection areas are composed of three tiers reflecting
the time required for groundwater to flow into the well, as follows:
(1)
Wellhead protection area tier 1. That area of land within a wellhead
protection area (WHPA) from which the flow of groundwater to the well
has a time of travel of two years.
(2)
Wellhead protection area tier 2. That area of land within a WHPA
from which the flow of groundwater to the well has a time of travel
of five years.
(3)
Wellhead protection area tier 3. That area of land within a WHPA
from the flow of groundwater to the well has a time of travel of 12
years.
J.
Highlands special environmental zone. The Highlands special environmental
zone consists of lands having the highest priority ranking for preservation
based on the Highlands Council Resource Assessment methodology. This
assessment considers five indicators for the protection of water resources
and environmentally sensitive lands, including: forest within the
forest resource area, riparian corridor condition high, Highlands
open water protection area, critical habitat, and the water quality
management tier of lake management areas (excluding those of the lake
community subzone). The special environmental zone is located within
the Highlands conservation priority area and is located solely within
the Preservation Area.
K.
Agricultural resource area. The agricultural resource area consists
of those areas of the most concentrated and contiguous agricultural
uses as determined based on the prevalence of active farms, contiguous
farming units of 250 acres or more, and the presence of important
farmland soils.
L.
Highlands scenic resources. Highlands scenic resources consist of
those properties, sites, and viewsheds listed in the Highlands Scenic
Resources Inventory. These include but are not limited to national
historic landmarks and publicly owned federal, state and county parks,
forests, and recreation areas.
All Highlands districts as set forth under §§ 535-12 through 535-14, above, including the Preservation Area, all zones and subzones, resource areas and special protection areas, are hereby established by the designation, location and boundaries as set forth for each respectively, in the following maps, each of which is hereby declared to be a part of this Highlands Preservation Area Land Use Ordinance:
A.
Township Highlands Preservation Area. Map titled "Township of Mount
Olive Highlands Preservation Area, Highlands Zones and Subzones,"
dated August 23, 2011, depicting the municipality along with delineation
of the Preservation Area and Highlands Zones and Subzones as provided
by the Highlands Council (Exhibit 1).[1]
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
B.
Highlands resource and special protection areas. Series of maps depicting the Resource and Special Protection Areas listed at § 535-14A through L above, and also including related features and areas as discussed and defined in Article VI of this chapter; dated August 23, 2011 (unless otherwise specifically noted), as provided by the Highlands Council.
(1)
"Forest Resource Area, Total Forest Area." Map depicting that portion of the Township Highlands Preservation Area designated as forest resource area (pursuant to § 535-14A above) and including total forest area (as defined at § 535-20); map denoted Exhibit 2.[2]
[2]
Editor's Note: Exhibit 2 is included as an attachment to this chapter.
(2)
"Highlands Open Waters, Lake Management Areas." Map depicting Highlands Open Waters located wholly or partially within the Township Highlands Preservation Area (pursuant to § 535-14B above); and Lake Management Areas which include lakes having a surface area greater than 10 acres and associated lake management tiers, including representative Scenic Resource Tier (i.e., non-delineated; 1,000 feet from estimated shoreline) (pursuant to § 535-14G above); map denoted Exhibit 3.[3]
[3]
Editor's Note: Exhibit 3 is included as an attachment to this chapter.
(3)
"Riparian Area." Map depicting Riparian Areas (pursuant to § 535-14C above) located within the Township Highlands Preservation Area; map denoted Exhibit 4.[4]
[4]
Editor's Note: Exhibit 4 is included as an attachment to this chapter.
(4)
"Steep Slope Protection Area." Map depicting those portions of the
Township Highlands Preservation Area having 5,000 square feet or more
of contiguous surface area in steep slopes (pursuant to § 535-14.4
above); map denoted Exhibit 5.[5]
[5]
Editor's Note: Exhibit 5 is included as an attachment to this chapter.
(5)
"Critical Wildlife Habitat, Significant Natural Areas, Vernal Pools." Map depicting those portions of the Township Highlands Preservation Area designated as critical wildlife habitat [pursuant to § 535-14E(1) above]; those portions of the Township Highlands Preservation Area designated as significant natural areas [pursuant to § 535-14E(2) above]; and vernal pool locations (by center-point only, non-delineated), including representative vernal pool buffers (1,000 feet from center point), located within the Township Highlands Preservation Area [pursuant to § 535-14E(3) above]; map denoted Exhibit 6.[6]
[6]
Editor's Note: Exhibit 6 is included as an attachment to this chapter.
(6)
"Carbonate Rock Area, Prime Groundwater Recharge Area, Wellhead Protection Areas." Map depicting those portions of the Township Highlands Preservation Area designated as carbonate rock areas (pursuant to § 535-14F above); those portions of the Township Highlands Preservation Area designated as prime groundwater recharge areas (pursuant to § 535-14H above); and the location of public water system wells within the Township Highlands Preservation Area and the associated wellhead protection tiers surrounding them (pursuant to § 535-14I above); map denoted Exhibit 7.[7]
[7]
Editor's Note: Exhibit 7 is included as an attachment to this chapter.
(7)
"Highlands Special Environmental Zone, Agricultural Resource Area." Map depicting those lands of the Township Highlands Preservation Area designated by the Highlands Council as Highlands Special Environmental Zone (pursuant to § 535-14J above); and those lands of the Township Highlands Preservation Area designated as Agricultural Resource Area (pursuant to § 535-14K above); map denoted Exhibit 8.[8]
[8]
Editor's Note: Exhibit 8 is included as an attachment to this chapter.
(8)
"Highlands Scenic Resources." Map depicting properties located within the Township Highlands Preservation Area that are listed in the Highlands Scenic Resources Inventory (pursuant to § 535-14L above); map denoted Exhibit 9.[9]
[9]
Editor's Note: Exhibit 9 is included as an attachment to this chapter.
All Highlands District maps, as set forth at § 535-15 above, have been developed by the Highlands Council using Geographic Information System (GIS) digital data. The provisions herein shall apply to the interpretation and use of Highlands District maps and the boundary lines they specify.
A.
Municipal boundary lines. The Highlands Act relies upon municipal
boundary lines to designate the limits of the Highlands Region. The
Highlands Council dataset establishing municipal boundary lines was
created by dissolving parcel level polygons (GIS) for each of the
88 municipalities within New Jersey Highlands. Parcels from the following
counties have a general accuracy of plus or minus five feet: Bergen,
Passaic, Somerset, Sussex, and Warren. Data from Hunterdon and Morris
were provided by the counties and may have a different accuracy level.
This dataset is for representative purposes only. Where the specific
delineation of any municipal boundary line comes into question, municipal
information such as metes and bounds surveys shall be relied upon
for any final determination.
B.
Township Highlands Preservation Area.
(1)
The Highlands Preservation Area, Highlands Zones and Subzones Map
(§ 565-15A above) provides the Highlands Preservation Area
Boundary as described by the Highlands Act (N.J.S.A. 13:20-7a). To
digitize the survey description, the Highlands Council used the Highlands
Parcel Base, the NJDEP Hydrographic Layer for 2002, and the NJDOT
Local Road Files from 2005 as references. In accordance with the Highlands
Act, any natural geographical feature, including a river, stream or
brook, used in the boundary description of the Preservation Area is
considered to lie totally within the Preservation Area, while any
road, railroad or railroad right-of-way is considered to lie totally
outside of the Preservation Area. The use of property block and lot
designations include or exclude property from the Preservation Area,
as described. Where a survey gore exists between a property boundary
depicted upon a municipal Tax Map and the limits of a surveyed property
noted in the Preservation Area description, the surveyed property
boundary description is considered to constitute the Preservation
Area boundary.
(2)
Additionally, the Preservation Area does not include land located
within the boundaries of any regional center or town center designated
by the State Planning Commission pursuant to the "State Planning Act,"
P.L. 1985, c.398 (N.J.S.A. 52:18A-196 et seq.) as of the date of enactment
of the Highlands Act, except to the extent necessary as set forth
in the boundary description of the Preservation Area to reflect appropriate
and nearest practicable, on-the-ground, and easily identified reference
points.
C.
Highlands Zones, Subzones, Resource Areas, Special-Protection Areas.
The boundaries delineated for all Highlands Zones, Subzones, Resource
Areas, and Special Protection Areas were developed by the Highlands
Council based on the factors noted in the description of each, above.
Further discussion is provided in the Township Environmental Resource
Inventory and in the Highlands Element of the Township Master Plan.
D.
Mapping conflicts. In the event of a conflict concerning the location
of any Highlands District boundary line, the delineations provided
by the Highlands Council as adopted herein shall be determinative.
Modifications may be requested of the Highlands Council through submittal
of an RMP Update, Map Adjustment, or Highlands Center Designation
in such manner as required by the Highlands Council, or as specifically
provided otherwise in this chapter. In the event of any conflict concerning
the Preservation Area boundary line, the metes and bounds description
provided by the Highlands Act shall govern, with any discrepancy or
dispute residing under the shared jurisdiction of the Highlands Council
and the NJDEP. In the event of a conflict concerning the delineation
of any parcel plotted by the Highlands Council using GIS software,
a current property survey shall be determinative.
