Township of Mount Olive, NJ General Regulations

Applicants shall demonstrate that the project design process incorporates conservation design planning, including the following steps:

Preparation of an existing features and site analysis plan, including identification of Highlands Preservation Area resources and Resource Areas;

Evaluation of site context through identification of the physical and community character of the surrounding area;

(c)

Selection of open space conservation areas, where applicable, that maximize the retention of resource values, provide connections to existing trails, open spaces or greenways, and incorporate natural features and characteristics as site amenities;

(d)

Establishment of development yield (e.g., residential, retail, office) and apportionment of septic system yield, net water availability, and water supply and sewer utility availability, as applicable, and in keeping with all density and intensity requirements of § 535-19, above;

(e)

Layout of building lots, if applicable, and incorporation of low-impact development design techniques for site design, stormwater management and resource protection; and

(f)

Incorporation of resource standards and smart growth guidelines.

Development applications must achieve stormwater management in compliance with § 535-34, below, including the municipal stormwater management ordinance established in compliance with the municipal stormwater NJPDES permit under N.J.A.C. 7:14A and 7:8,[1] and all applicable NJDEP standards and requirements.

[1]

Editor's Note: See Ch. 343, Stormwater Management.

Relief from the strict application of the provisions of the underlying municipal Zoning Ordinance applicable to site design shall be considered where necessary to provide for incorporation of smart growth principles and low-impact development techniques such as use of shared parking and driveway areas, biofiltration swales, rainwater capture and reuse, and reduced road or driveway widths. Where such deviations will minimize or eliminate adverse impacts to Highlands natural resources, these benefits shall be given significant weight in the analysis of approval criteria.

The site preparation plan shall limit clearing, grading and soil compaction to the minimum required to construct the project in accordance with the approved plans, inclusive of area for construction equipment maneuvering, while ensuring protection of mature trees and habitat outside of the site development area.

Landscaping shall use native, drought-tolerant (other than where used in rain gardens, biofiltration swales and other stormwater management facilities), disease-resistant plants, allowing for natural landscaping wherever feasible, and shall under no circumstances include invasive species.

(6)

Building orientation and design shall be designed to take advantage of micro-climate conditions, to the maximum extent feasible, to maximize solar gain for winter heating, and to minimize solar gain during high temperature summer conditions except where desirable for the construction of solar energy systems. Other energy-efficient features shall be considered and incorporated into site layouts and buildings, as appropriate.

(7)

The applicant shall ensure reuse and recycling of building materials, to the extent possible, when development involves demolition.

(8)

All low-impact development features shall be maintained through a monitoring and maintenance plan, with procedures for replacing such features as necessary.

§ 535-33 Conservation restrictions.

Applicability. In the event that a conservation restriction is required to effectuate the purposes of this chapter, the provisions of this section shall apply. Nothing herein shall be construed to preclude the imposition of conservation restrictions in the case of Highlands Resources, Resource Areas, or Special Protection Areas, where the reviewing Board or other applicable authority finds that such restrictions are necessary to protect the particular resource(s) at issue, or to ensure the public health, safety, or general welfare of the community.

Standards. Conservation restrictions shall be designed to protect the Highlands Resources, Highlands Resource Areas, or Special Protection Areas existing (or as remaining after an authorized disturbance) on the subject property in accordance with the requirements that follow. Any such restrictions shall be so drawn and described as to permit the future use of any underutilized portion of either, the disturbed area coverage allowance or the impervious surface area allowance, as provided for exclusions pursuant to § 535-6, above.

The conservation restriction shall run with the land on which the approved project is located, shall apply to all lots subdivided from that land and sold or transferred to other persons, and shall be binding upon the landowner and his or her successors in interest. To ensure that notice of the conservation restrictions is provided to all present and future interested parties, the landowner or contract purchaser receiving the approval shall:

Record the conservation restriction(s) in the office of the County Clerk or Register, as applicable prior to commencement of any work authorized under the approval; and

Ensure that a copy of the conservation restriction is provided to the Highlands Council and to the Municipal Clerk with a request that it be placed in the file for the lot containing the approved project.

The conservation restriction(s) shall describe and include all regulated features on the property, including any required mitigation. The proposed easement(s) shall be depicted in the proposed plans, inclusive in the case of major site plans and major subdivisions, of plan notes specifying the location and construction of clear and permanent on-site monuments, such as concrete posts, designed to minimize the need for land clearing and avoid obstruction of wildlife movement.

The conservation restriction shall include either:

A survey and a metes and bounds description of the entire restricted area;

A parcel plan showing the survey boundary lines to the full extent of the subject property, and indicating the limits of the existing disturbance area, any additionally-approved disturbance area, and of any area excluded pursuant to § 535-6, with the indication that no further development or disturbance shall be permitted; or

(c)

In the case of no proposed encroachment upon Highlands Resources or Areas, and availability of Highlands Council GIS mappings for all such resources and areas present upon the property, copies of all such mappings applicable to the parcel.

In the case of preserved farmland or dedicated open space, the conservation restriction shall be enforceable by the Highlands Council and the municipality, and at least one of the following, as appropriate: the SADC or CADB, the NJDEP Green Acres Program, or a qualified nonprofit land trust organization. All such easements shall require periodic monitoring to ensure that ongoing land use and management practices remain protective of the subject resources.

All other conservation restrictions shall be enforceable by the municipality, the NJDEP, and the Highlands Council.

(6)

The language to be included in the conservation restriction shall be reviewed and approved by the Municipal or Board Attorney, as applicable.

§ 535-34 Stormwater management.

Applicability. The provisions of this section shall apply to any development application. In the case of any application requiring issuance of an HPAA, however, administration and enforcement authority remain under the jurisdiction of the NJDEP.

Standards.

Carbonate rock areas. Stormwater management plans shall be provided in connection with any application proposing development within a carbonate rock area. Such plans shall be in full compliance with the provisions of § 535-24 above, and shall be approved only upon demonstration that potential hazards to public health and safety, structures and groundwater quality due to concentrated surface water flows that dissolve carbonate rock, have been eliminated or otherwise addressed to the satisfaction of the reviewing engineer (or qualified professional). Development plans must indicate the means and methods by which such discharge shall be mitigated, with the maximum emphasis on use of nonstructural measures and avoidance of modifications to carbonate rock features.

Beneficial stormwater reuse. Development applications involving water demands for recreational uses, nonagricultural irrigation, and other non-potable uses shall demonstrate maximum practical stormwater reuse to minimize both the volume of stormwater discharges and the water demand sought for such purposes.

Regional stormwater plans. The stormwater management aspects of any development plan shall comply with all applicable components of any regional stormwater management plans adopted by NJDEP pursuant to N.J.A.C. 7:8 and N.J.A.C. 7:15.

Total maximum daily loads (TMDLs). Applications shall be designed in compliance with any TMDL adopted by NJDEP (pursuant to N.J.A.C. 7:15) that has also been adopted by the municipality in compliance with the municipal stormwater management ordinance as established pursuant to the municipal stormwater NJPDES permit under N.J.A.C. 7:14A and 7:8.

Prime Groundwater Recharge Areas. Where disturbance of prime groundwater recharge area (PGWRA) is permitted under § 535-27, above, the applicant shall demonstrate compliance with all provisions of §§ 535-18 and 535-28, above.

(6)

Water quality. To the maximum extent feasible, the plan shall ensure recharge of clean stormwater rather than contaminated stormwater. Where runoff from contaminated areas is unavoidable, the applicant shall incorporate low-impact development [see Subsection B(8), below] and other best management practices standards to minimize the discharge of stormwater-entrained pollutants to ground and surface waters.

(7)

Wellhead protection areas (WHPA). Any stormwater management structure located within a WHPA shall be permitted only in compliance with the provisions of §§ 535-18 and 535-28, above.

(8)

Low-impact development (LID). To the maximum extent feasible, LID techniques shall be incorporated into the design of all development proposals, to preserve, mimic and enhance the natural hydrologic cycle, drainage patterns and natural land cover existing on the site, including but not limited to:

Implementation of on-site stormwater management features that maintain, restore and enhance the preexisting natural drainage patterns of the site;

Achievement of an on-site stormwater capture performance standard of 80% for average annual precipitation, using low-impact development design techniques preferentially, and structural stormwater measures only to the extent necessary;

(c)

Limitations on the amount of impervious cover on a site as a means to protect and increase stormwater infiltration and reduce stormwater runoff;

(d)

Use of a "design with nature" approach where natural features are used or enhanced to achieve management of runoff volume, rate and quality of stormwater;

(e)

Use of grass channels, dry swales, wet swales, infiltration basins, bio-swales and water gardens, green roofs, and other low-impact approaches to attenuate and control stormwater and provide multiple environmental benefits; and

(f)

Minimization of: disturbances to natural vegetation and topography; exposure of stormwater runoff to pollutant-generating land uses; and alterations in the hydrologic response to precipitation through natural patterns.

(g)

Integration of stormwater management design features with public spaces, existing and proposed landscape features, and buffers, to the extent applicable.

§ 535-35 Special Environmental Zone.

Findings. Lands within the Highlands Special Environmental Zone are those having the highest priority ranking for preservation based on the Highlands Council Resource Assessment. 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). Preservation of these lands is vital to:

Protecting Highlands Preservation Area water resources and environmentally sensitive lands;

Protecting water supply reservoirs and other critical water features;

Creating large contiguous areas of environmentally sensitive lands;

Creating habitat corridors; and