All procedural requirements regarding applications for zoning
permits, construction permits, certificates of occupancy or approval,
variance relief, site plan approval, subdivision approval, interpretations,
appeals, and any other such application in the Highlands Preservation
Area shall remain in effect as provided pursuant to the underlying
municipal land use ordinances and other applicable codes and regulations
in effect at the time of the application, except to the extent these
may be modified by the provisions set forth herein.
A. When required. All requirements stipulating the circumstances under which such permits or approvals are required, as set forth by the underlying municipal zoning and land use ordinances, and any other applicable codes and regulatory requirements shall remain in full force and effect for the Highlands Preservation Area as provided pursuant to such regulations, inclusive of the specific definitions used therein to classify applications for review and consideration by the appropriate municipal authority, including but not limited to such terms as: "major site plan," "minor site plan," "major subdivision," "minor subdivision," "use variance," "conditional use variance," "change in use," "bulk variance," "zoning permit," and "building permit." In the event that the underlying municipal land use ordinances do not require issuance of a permit or other approval for any activity, improvement, or development project covered under the provisions of this chapter, a Highlands Resource Permit shall be required in accordance with the provisions of Subsection
F, below.
B. Highlands act exemptions. Pursuant to §
535-6D above, any application proposing an activity, improvement or development project that qualifies as a Highlands Act Exemption is exempt from the requirements of this chapter. Any applicant asserting same, shall, as a condition of application completeness, and in any case prior to municipal review or approval of the application, provide evidence that the proposal qualifies as a Highlands Act Exemption as provided under either Subsection
B(1) or
(2), below.
(1) 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.
State agency determinations are required for any application under
this chapter involving Highlands Act Exemption No. 14 or No. 15. State
agency determinations are also required for any capital or other project
of any state entity or local government unit, or for any other publicly
owned or controlled land or facility; these categories including any
project or improvement pertaining to the lands or facilities of the
Township.
(2) Municipal determination. Pursuant to Township Ordinance No. 24-2013,
entitled "Township of Mount Olive Highlands Area Exemption Ordinance," for any application under this chapter involving Highlands
Act Exemptions No. 1, No. 2, No. 4, No. 5, No. 6, No. 7, or No. 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.
C. Approvals subject to compliance. Approval of any land use-related application pertaining to the Highlands Preservation Area, whether a zoning permit application, building permit application, application for development (as defined at §
535-11), or any other such application, unless deemed a Highlands Act Exemption pursuant to Subsection
B above, is subject to compliance with the provisions of this chapter. Prior to any such approval, the reviewing entity shall ensure that the proposed activity, improvement or development project that is the subject of the application under its jurisdiction, is either in full compliance with all applicable provisions of this chapter; has received approval(s) from the entity or entities authorized to grant relief from such provision(s); or by its conditioned approval, where permitted herein, will remain subject to the issuance of such approval(s) from the entity or entities authorized to consider and issue such relief, with such approval(s) to issue prior to any land disturbance related to the proposed activity, improvement or development project.
(1) Building/construction permit applications. Demonstration of compliance
with all applicable provisions of this chapter shall be required as
a prior approval to the issuance of any building permit. Proof of
such compliance shall be provided in writing, as issued by the applicable
reviewing authority or authorities, including but not limited to the
Township Zoning Officer, Planner, Engineer, Planning Board, Board
of Health, and Health Department.
(2) Zoning permit applications. Demonstration of compliance with all
applicable provisions of this chapter shall be required prior to the
issuance of any zoning permit or zoning approval. Where a finding
of compliance requires authority or professional expertise outside
the purview of the Zoning Official, such proof shall be provided in
writing by the applicable reviewing authority or authorities, including
but not limited to the Township Planner, Engineer, Planning Board,
Board of Health, and Health Department. In such instances, receipt
of such findings of compliance shall constitute mandatory prior approvals
to the issuance of any zoning permit or approval.
(3) Applications for development. Prior to granting any approval of an application for development, the Planning Board shall make specific findings of compliance with regard to the applicable provisions of this chapter, such findings assisted by the advice and recommendations of the reviewing Board's professionals, including but not limited to the Board Planner, the Board Engineer, and any specialist, expert or other consultant engaged by the Board to assist in any field of specialization. The reviewing Board shall attach certain conditions to any such approval as provided at §
535-38C below, but is by no means limited solely to these in making its determination on an application.
D. Applications requiring prior Highlands Council approval. For any application proposing new or increased use of potable or nonpotable water averaging 6,000 gallons per day or more pursuant to §
535-26B, authorization by the Highlands Council shall be obtained prior to a finding of application completeness, and prior to any review or approval of the application by the applicable municipal authority. In all such cases, applications shall be filed with the Highlands Council in accordance with its established submission and procedural guidelines. This provision shall not apply if the proposal is regulated under a Highlands Council-approved Water Use and Conservation Management Plan.
E. Applications requiring prior NJDEP approval. For any applications
listed in this subsection, approval by the NJDEP shall be obtained
prior to a finding of application completeness, and prior to any review
or approval of the application by the applicable municipal authority.
(1) Major Highlands developments. Any application for a Major Highlands
development in the Highlands Preservation Area as defined by the NJDEP
Preservation Area rules at N.J.A.C. 7:38.
(2) New/extended utility infrastructure. Any application proposing the
installation of new or extended water supply or wastewater collection/treatment
infrastructure in any portion of the Highlands Preservation Area.
F. Findings of compliance. With regard to any application, or any specific
aspect of an application for which the Highlands Council or the NJDEP
has explicitly issued an approval, the applicable reviewing authority
shall find that, to the extent the approval specifically addresses
the provisions of this chapter, the applicant has demonstrated compliance.
Such approvals shall not be construed to waive or obviate other applicable
provisions of this chapter or of any other applicable municipal or
nonmunicipal ordinances, regulations or requirements. With respect
to all other findings of compliance, the provisions of this subsection
shall apply.
(1) Professionals required. Findings of compliance with the provisions of this chapter shall be provided only by individuals qualified to review and make such determinations. In many but not all instances, these shall require licensed, certified or otherwise qualified professionals such as scientists, engineers, planners or geologists. Fee and escrow requirements associated with applications requiring approval under this chapter, shall reflect the reasonable anticipated expenses associated with processing and reviewing such applications, as provided at §
535-39 below. The following professionals (where the term "professionals" is 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) shall, to the extent of their applicable licensure, certification, or other appropriate qualifications, be authorized to review and provide findings pursuant to this chapter, and shall be designated as required by the municipal governing body or reviewing Planning Board, as applicable:
(a)
Use, density, intensity and other bulk requirements: professional
planner; professional engineer, zoning officer.
(b)
Forest resources: certified tree expert; forester; forest scientist/ecologist.
(c)
Highlands Open Waters, riparian areas, and lake management areas:
limnologist, wetlands or riparian scientist/ecologist, environmental
engineer (as required for water quality management issues).
(d)
Steep slopes: professional engineer; geologist; topographic
surveys: licensed land surveyor.
(e)
Carbonate rock areas: geotechnical engineer; geologist; other
professional engineer or geological expert qualified and experienced
in geological/geotechnical aspects of development.
(f)
Water conservation and deficit mitigation, prime groundwater
recharge areas, wellhead protection areas, stormwater management:
hydrogeologist; professional engineer; water resources engineer; environmental
engineer.
(g)
Low-impact development: landscape architect, professional engineer;
environmental engineer; professional planner qualified and experienced
in applicable areas.
(h)
Conservation/deed restrictions: attorney.
(2) Zoning and building/construction permit applications. Where a zoning
or building/construction permit application (or request for approval)
is not preceded by an application for development under the purview
of the Planning Board, the reviewing official shall, to the extent
applicable, rely upon the determination(s) of the planning and engineering
expert(s) for findings of compliance with respect to the applicable
provisions of this chapter.
(a)
All determinations by the qualified professional shall be determinative
in the disposition of any zoning or building/construction permit application
with respect to required prior approvals.
(b)
Where the professional determines that an approval may be granted
subject to certain conditions, such conditions shall be addressed
prior to the issuance of any permit or approval by the building or
zoning official, unless in the estimation of the professional, satisfaction
of the required conditions of approval will not be compromised by
issuance of the zoning or building/construction permit and are ensured
by other means, such as withholding of any final certificates of occupancy
or approval.
(c)
The findings of the review professional shall be provided in
writing to both the municipal official(s) responsible for the review
and disposition of the zoning or building/construction permit, and
to the applicant. Where such findings indicate that the application
is not compliant with the applicable provisions of this chapter, the
review professional shall provide a statement identifying the reasons
therefor. Where the review professional indicates that an approval
may be granted pending satisfaction of certain conditions, a statement
and explanation of the conditions to be attached shall be set forth
as well as the reasons therefor.
(d)
The findings of the review professional may be appealed by any
affected party in accordance with the provisions of the underlying
land use ordinance, pursuant to N.J.S.A. 40:55D-70(a).
(e)
The professional review process shall occur as follows:
[1]
Upon notice from the municipal official(s) responsible for the
review and disposition of the zoning or building/construction permit
that a prior approval is required, it shall be the applicant's
responsibility to prepare a request for review and issuance of such
approvals by the designated municipal professional(s).
[2]
The applicant shall provide all of the documents and materials required for submission under an application for development pursuant to §
535-40, below, to the extent they apply with respect to the particular resources and ordinance provisions at issue, for review by the professional.
[3]
The professional shall provide a completeness determination
in writing, within 30 days of receipt of the application materials,
which in the event of an incomplete application, shall indicate the
reasons therefor. The professional shall have the authority to waive
submission of items he or she finds unnecessary or irrelevant to the
evaluation and the required report of findings.
[4]
The professional shall review and provide a report of findings
to both the municipal official(s) and the applicant within 45 days
of the date on which the application is deemed complete.
[5]
In the event of a carbonate rock investigation pursuant to §
535-24C, above, the professional report of findings shall be provided in accordance with the program and scheduling as provided therein.
[6]
The review professional shall have authority to issue such waivers and exceptions as provided only in accordance with Article
IX, below.
(3) Highlands resource permit applications. In the event that the underlying
municipal land use ordinances do not require issuance of a zoning
or building permit, or approval of an application for development
through which compliance with the provisions of this chapter may be
demonstrated, the provisions herein shall apply.
(a)
Any person proposing an activity, improvement or development
project that will affect a Highlands resource, Resource Area, or Protection
Area, shall obtain a Highlands Resource Permit in accordance with
this section.
(b)
Applications shall be made on forms provided by the municipality
requiring identification of the owner of the property or properties
at issue, the tax block and lot, street address, the extent, location
and type of activity proposed, and by submission of a Consistency
Determination Report from the Highlands Council website, an indication
of the resources potentially affected by the proposed activity.
(c)
The designated review authority for such applications shall
be the Township Zoning Officer, Planner or Engineer.
(d)
The review and disposition of such applications shall occur
as provided for zoning and building/construction permits, in the preceding
sections, with approvals being issued only upon a finding of compliance.
(4) Applications for development. With respect to applications for development,
findings of compliance shall be provided by the applicable professional(s)
through the process of review and consideration undertaken by the
Planning Board. The reviewing Board (or its committee(s), if applicable)
shall consider all such findings during the course of the application
for development, in conjunction with all other relevant information
and requirements in rendering a final decision in any matter.
The provisions of this section shall apply to any application for development (see §
535-11, above) under the jurisdiction of the Planning Board.
A. Notice and reporting requirements. The provisions of this section
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) Notice of application to Highlands Council. 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) Scenic resource notice requirements. Where a project site falls within
a Highlands scenic resource area designated by the Highlands Council,
or within the Scenic Resources Tier of a Lake Management Area, that
crosses municipal or county boundary lines, public notice requirements
shall, in addition to the applicable notice requirements of the MLUL,
incorporate any supplemental notice provisions as set forth in the
adopted Scenic Resource Management Plan.
(3) 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.
B. Board decisions subject to Highlands Council call-up. 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 time frames established pursuant to the
Highlands Act. The Highlands Council may, on notice to the applicant
within 15 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.
C. Conditions of approval. The following conditions of approval shall, in addition to any applicable conditions previously set forth under this chapter, be attached to any application for development approved pursuant to the MLUL, and the provisions of §
535-37, above.
(1) 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:
(a)
The Highlands Council call-up period has expired without issuance
of a notice seeking review of the application by the Highlands Council;
or
(b)
The Highlands Council has issued notice, and has reviewed the
approval pursuant to N.J.S.A. 13:20-17(a)1 and has determined not
to deny or modify the approval.
(2) Amendments. In the event that Highlands Council review of an approved application for development pursuant to Subsection
B above 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.
(3) Conservation restrictions. The applicant shall commit to and, as a condition of approval, perfect a conservation restriction on the undisturbed portions of Highlands Resources, Highlands Resource Areas, and Special Protection Areas located on the subject property, if and as required pursuant to the provisions of §
535-33.
(4) Musconetcong National Scenic and Recreational River. Any applications
requiring federal permits, receiving federal funding or involving
other federal actions and that may affect resource values of the Musconetcong
National Scenic and Recreational River, shall be conditioned upon
National Park Service review of the disturbance pursuant to Section
10(a) of the National Wild and Scenic Rivers Act.
(5) 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.
(6) 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.
(7) 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.
All applicants seeking approval for any activity, improvement or development project covered under the provisions of this chapter shall submit the materials required in this section for review by the applicable municipal authority. In no case shall an application for development (as defined in Article
III) be deemed complete or scheduled for Board review until such time as the Board has received all required items in accordance with the provisions herein. Applications for Highlands resource permits and for zoning permits and building/construction permits requiring Highlands resource review shall not be considered for such review until such time as the reviewing authority has received all required items in accordance with the provisions herein. In all cases, the submission requirements of this section shall be considered supplemental to the checklist requirements of the underlying municipal land use ordinances.
A. General submission requirements. All applications shall be accompanied
by the following:
(1) Application fees and escrow deposits.
(2) Completed application forms.
(3) Highlands Act exemptions. Any applicant claiming eligibility for an exemption under the Highlands Act shall provide a copy of the Highlands Applicability Determination from the NJDEP or determination by municipality pursuant to Article
X of Chapter
550.
(4) Prior approvals. All applications requiring prior approvals pursuant
to the provisions of this chapter shall provide evidence of receipt
of same, as listed below. All such applications shall be accompanied
by copies of the specific plans, reports and other materials to which
such approval applies.
(a)
For any application proposing development within the Carbonate Rock Area pursuant to §
535-24B, copies of Phase I Geologic Investigation report, Phase II Geotechnical Evaluation Report if applicable, associated certification(s) of sufficiency issued by Municipal Engineer, and all written evaluations, reports, recommendations issued by the Municipal Engineer pursuant to §
535-24C.
(b)
For any application proposing development within a Carbonate Rock Drainage Area pursuant to §
535-24D, copies of Phase I Geologic Investigation report, associated certification of sufficiency issued by Municipal Engineer, and all written evaluations, reports, recommendations issued by the Municipal Engineer pursuant to §
535-24C.
(c)
For any application proposing an increase in the use of net water availability or conditional water availability pursuant to §
535-26, notice of findings issued by the Highlands Council pursuant to §
535-26G.
(d)
For any application for a major Highlands development in the
Preservation Area as defined by the NJDEP Preservation Area rules
at N.J.A.C. 7:38, an HPAA issued by the NJDEP.
(e)
For any application proposing the installation of new or extended
water supply or wastewater collection/treatment infrastructure in
any portion of the Preservation Area, an HPAA with waiver issued by
the NJDEP.
(5) Mapping instructions. All mapped information shall be provided for
the full parcels affected by the proposed project and a distance of
200 feet from the outer boundaries of all affected parcels. Where
this chapter requires field surveys of resources, the field survey
requirement shall apply only to the affected parcels and shall be
conducted by qualified professionals. These include specifically:
contiguous steep slope areas of 5,000 square feet or more which are
not within the Steep Slope Protection Area; areas defined as forest
via the methodology provided at Appendix A which are not identified within the Total Forest Area, or which revise the Total Forest Area; if required pursuant to §
535-25D, the applicable limits of the Lake Management Scenic Resources Tier; and if deemed necessary by the review professional pursuant to §
535-24D, the boundary lines of any Carbonate Rock Drainage Area. The area within 200 feet of the affected parcels may be mapped using existing data and is not subject to field surveys. Where field surveys are not required for mapping of Highlands resources, the application shall include Highlands Council GIS data. In addition to paper plans, initial plan sets shall be submitted on CD (or other acceptable archival electronic format) in the most recent version of ESRI Shape files (.shp) and in the most recent version of Adobe Acrobat® (.pdf) format. The plans must be geo-referenced using New Jersey State Plane Coordinates NAD83 (or the most current New Jersey State Plane coordinate system). The final approved version shall be submitted in the same manner. Plan revisions (subsequent to the initial plan sets but prior to final approved version) shall be submitted in .shp and .pdf either in archival electronic format or via e-mail. Projects that will disturb less than two acres and will create less than one acre of net impervious surface may be submitted as geo-referenced CAD files in lieu of the ESRI Shape files.
B. Permit applications. The submission requirements of this subsection shall apply in addition to those of Subsection
A above, in the case of all applications for Highlands resource permits and for zoning or building/construction permits requiring Highlands Resource Review. Where the reviewing authority or designated review professional determines that a submission item listed in this subsection is not applicable to the proposed development project or is unnecessary to the conduct of such review, the authority or designated professional may waive the requirement for its submission. A waiver of submission of any checklist item shall not be construed to preclude the reviewing entity from ultimately requiring the submission of such item, however, if during the course of application review, it is found necessary and relevant in making a determination.
(1) Base submission requirements.
(a)
Identification of Highlands Zone or Subzone in which the property
is located (available through Highlands Council website).
(b)
Identification of Highlands Resource and Protection Areas in
which the property is located, inclusive of Highlands Council maps
indicating the boundary lines of same unless fully encompassing the
property (Highlands Council website).
(c)
Existing and proposed use(s) and accessory use(s), including
any proposed Major or Minor PCS (listed at Appendix B and Appendix
C).
(d)
Copy of property survey indicating metes and bounds, existing
buildings, structures, impervious surfaces, significant site features
(e.g., water bodies), easements or other such encumbrances.
(e)
Plans showing the proposed area of disturbance for all aspects
of the development, including but not limited to buildings, driveways,
utilities, landscaped areas and all appurtenant structures.
(f)
Plans showing the proposed grading, soil conservation plan,
and sediment and soil erosion control plan.
(g)
Plans showing proposed conservation restrictions or easement(s) to be provided (if applicable) pursuant to §
535-33.
(h)
Plans documenting baseline conditions in all areas designated
for public (or nonprofit land trust) open space preservation.
(i)
Water use.
[1]
Existing and proposed water demand inclusive of calculations based on use and unit/square footage equivalents listed at §
535-19C.
[2]
For any application proposing an average of 6,000 or more gallons per day of new or increased water use pursuant to §
535-26B:
[a] All submission items required pursuant to any adopted
municipal or subwatershed-based Water Use and Conservation Management
Plan (WUCMP).
[b] The following, where a WUCMP has not been adopted and the application proposes use of conditional water availability pursuant to §
535-26G(2):
[i] Information identifying project water demand data,
water supply source and water utility provider.
[ii] Identification of the water supply source HUC14(s)
for the project, deficit status, and conditional availability as provided
by the Highlands Council.
(j)
Septic systems.
[1]
For all applications proposing new septic systems, plans showing the proposed location and configuration of such system(s), including designated area(s) for reserve septic disposal field(s) pursuant to §
535-36. Plan notes indicating that the septic system(s) shall be designed in accordance with N.J.A.C. 7:9A, and that design plans and details are subject to the approval of the [insert applicable administrative authority of the municipality].
[2]
Proposed deed restrictions to be imposed to prohibit the installation or construction of any permanent improvements within the reserve disposal area(s) pursuant to §
535-36.
(k)
Stormwater management.
[1]
For applications regulated under municipal or regional stormwater
management plans (or both), all applicable submission requirements
pertinent thereto.
[2]
Proposed low-impact development management practices to minimize
the creation or increase of stormwater runoff due to development or
disturbance of the site.
(l)
Low-impact development.
[1]
Description of conservation design planning process, pursuant to §
535-32B.
[2]
Landscape plan (if applicable) indicating proposed type, species,
quantity and location of plantings; planting details.
[3]
Description of energy efficiencies incorporated into building(s),
building orientation and site design.
[4]
Description of proposed reuse or recycling of building materials.
(m)
Any such additional information as the reviewing authority may
find necessary to determine compliance with the provisions of this
chapter.
(2) Highlands resource submission requirements. For applications involving properties containing any Highlands Resource, Highlands Resource Area or Special Protection Area, all submission checklist items required pursuant to each, as provided at Subsections
C through
L, below.
C. Applications for development. The submission requirements of this subsection shall apply in addition to those of Subsections
A and
B above, to all applications for development involving properties containing Highlands Resources or located within a Highlands Resource Area or Special Protection Area. Where the reviewing Board determines that a submission item listed in this subsection is not applicable to the proposed development project or is unnecessary in the conduct of its review, the Board may waive the requirement for its submission. A waiver of submission of any checklist item shall not be construed to preclude the reviewing Board from ultimately requiring the submission of such item, however, if during the course of application review, it is found necessary and relevant in making a determination.
(1) Base submission requirements. In addition to the base submission requirements of Subsection
B above, the following shall apply:
(a)
Existing features and site analysis plan, identifying and mapping:
[1]
All Highlands Open Waters and water bodies (including but not
limited to rivers, lakes, ponds, reservoirs, wetlands, seeps, springs);
[2]
All existing structures (including archaeological features,
ruins and stone walls);
[3]
All significant physical features; and
[4]
Existing trails and greenways, and preserved lands and farmland.
(b)
Architectural elevation renderings, if structures are proposed
(preliminary for subdivision applications).
(c)
A list of any preexisting encumbrances affecting the property
(e.g., easements, deed restrictions, covenants).
(d)
Copies of any related surveys, site plans, professional reports
and environmental site assessments.
(2) Highlands Resource submission requirements. For applications involving properties containing any Highlands Resource, Highlands Resource Area or Special Protection Area, all submission checklist items required pursuant to each, as provided at Subsections
D through
L, below.
D. Forest resources.
(1) Plans identifying forests using the Highlands Council Forest Resource
Area, and Total Forest GIS layers for forest resources.
(2) Information identifying upland forests existing outside of the limits
of the Total Forest Area by use of the Forest Determination methodology
of Appendix A (N.J.A.C. 7:38-3.9).
(3) Where required in connection with disturbances pursuant to §
535-20, Subsection
D, Standards, Subsection
E, Forest impact reports required, and Subsection
F, Forest mitigation plans.
E. Highlands Open Waters and riparian areas.
(1) Maps showing the location of all Highlands Open Waters, Highlands
Open Waters buffers, and riparian areas, as provided in this chapter.
(2) For linear development pursuant to §
535-21D, all items required as listed therein.
F. Steep slopes.
(1) Map showing limits of Steep Slope Protection Area as provided in
this chapter.
(2) Map showing any additional areas of contiguous steep slopes that, separately or in combination with the Steep Slope Protection Area, constitute an area of 5,000 square feet or more, including, for any proposed disturbance therein, clear delineation of slope classes as defined at §
535-11.
(3) For any application proposing linear development of a moderately or severely constrained slope area pursuant to §
535-22C(1), all items as listed and required therein.
(4) For any application proposing disturbance of a constrained or limited constrained slope pursuant to §
535-22C(2), a steep slope development plan indicating proposed low-impact development techniques, slope stabilization techniques, soil erosion and sediment control measures, stormwater controls, and methods of protection proposed for existing slope vegetation and trees.
(5) For any application proposing to disturb 5,000 square feet or more
of constrained or limited constrained steep slopes:
(a)
Environmental impact statement or report including specifically:
the impact of the proposed development on Highlands Regional Scenic
Resources; aesthetic impacts related to visibility and aesthetic quality
of the proposed development; the extent of proposed landform grading,
stabilization and retaining structures; and impacts on other environmental
features addressed by the steep slopes provisions of this chapter.
(b)
Hydrology, drainage and flooding analysis report or reports
prepared in support of conformance with the municipal stormwater management
plan and regulations adopted pursuant to N.J.A.C. 7:8, or a Flood
Hazard Area Control Act application pursuant to N.J.A.C. 7:13.
G. Critical habitat. Maps identifying critical habitat using the Critical
Habitat GIS layers for Critical Wildlife Habitat, Significant Natural
Areas and Vernal Pools, as provided in this chapter.
H. Carbonate Rock Areas.
(1) Map identifying the limits of Carbonate Rock Area as provided in
this chapter.
(2) For applications proposing development within any Carbonate Rock
Drainage Area, map identifying the limits of same.
(3) Identification and description of any existing or proposed Major
Potential Contaminant Source (Appendix B), and proposed best management practices pursuant to §
535-28C(1).
I. Lake management areas.
(1) Map identifying the Lake Management Area and Lake Management Tier(s)
as provided in this chapter.
(2) For proposed disturbance of a Water Quality Management Tier, a stormwater management plan pursuant to §
535-25C.
(3) For any proposed development within the Scenic Resources Tier, a visual assessment survey, tree protection plan, and exterior lighting plan pursuant to §
535-25D(2).
J. Prime Groundwater Recharge Areas.
(1) Map identifying Prime Groundwater Recharge Areas as provided in this
chapter.
(2) For any application proposing to disturb a Prime Ground Water Recharge
Area:
(a)
Site analysis and proposed Low Impact Development techniques pursuant to §
535-27C.
(c)
Hydrology, drainage and flooding analysis report or reports
prepared in support of conformance with municipal stormwater management
plan and regulations pursuant to N.J.A.C. 7:8 or a Flood Hazard Area
Control Act application pursuant to N.J.A.C. 7:13.
(d)
Site-specific geologic, hydrogeologic and pedologic analysis
to determine the overall recharge rate and volume and to determine
the location with the lowest recharge potential within the PGWRA.
The submitted analysis report shall include appropriately scaled geologic,
hydrogeologic and pedologic maps and cross sections showing all pertinent
geologic, hydrogeologic and pedologic features. The report shall also
present all relevant analytical results, calculations and graphical
data.
(3) Identification and description of any existing or proposed Major
Potential Contaminant Source (Appendix B), and proposed best management practices pursuant to §
535-28C(1).
K. Wellhead protection.
(1) Map identifying Wellhead Protection Areas (WHPAs) and time of travel
tiers as provided in this chapter. Where more than one WHPA tier intersects
an existing or proposed Potential Contaminant Source (Appendixes B
and C) within a project site, identify the more protective tier
as the applicable tier for that potential contaminant source.
(2) Identification and description of any existing or proposed Major
or Minor Potential Contaminant Sources (Appendix B and C).
(3) For parcels within a Tier 1 WHPA for which a new or expanded Major PCS is proposed, the proposed best management practices pursuant to §
535-28C(1).
(4) Copies of any related hydrogeologic/geologic reports, remediation
reports, results of soil or groundwater analyses or other environmental
assessment reports (i.e., Phase I or Phase II reports).
L. Agricultural Resource Areas (ARAs).
(1) Map identifying the limits of the ARA as provided in this chapter.
(2) Such additional plans and information as may be required in the review of any agricultural or horticultural development proposal pursuant to municipal provisions set forth at §
535-29C.