Except to the extent modified by the provisions of this article,
the existing provisions of the underlying municipal land use ordinance
with respect to appeals, waivers and exceptions shall remain in full
force and effect. This article shall not be construed to alter the
applicable time frames, procedural requirements or criteria for decisionmaking
as set forth under the MLUL, and as provided consistent therewith
in the underlying municipal land use ordinance.
A.
Administrative officer decision. Any order, requirement or decision
of any municipal official made or issued in the course of the enforcement
of the provisions of this chapter may be appealed to the Planning
Board [per N.J.S.A. 40:55D-25(2)] in accordance with all applicable
provisions of the MLUL (including but not limited to N.J.S.A. 40:55D-70(a),
-70.2, and -72 through -75).
B.
Interpretations. Requests for interpretation of the maps and various provisions of this chapter may be made by application to the Planning Board pursuant to N.J.S.A. 40:55D-70(b). The Board, in rendering any such decisions, shall be guided by the map protocols listed at § 535-16 and the specific language of the ordinance provisions in question. The Board may seek the advice and counsel of the Highlands Council or, if applicable to a Preservation Area boundary line, the NJDEP, in resolving any matter of interpretation and all final Board decisions shall remain subject to Highlands Council call-up and review provisions as set forth at § 535-38B.
C.
"C" Variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(c) shall apply in the consideration of applications seeking such relief from the provisions of this chapter. Such relief shall apply with respect to the requirements of Article V, Zone District Regulations, § 535-29C(1), Agricultural and horticultural development, with the exception that for the items listed at Subsection E, below, relief shall in addition require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this chapter or the underlying municipal zoning ordinance will minimize or eliminate adverse impacts to Highlands Resources, Resource Areas, or Special Protection Areas, these benefits shall be given significant weight in the analysis of approval criteria.
D.
"D" Variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(d) shall apply in the consideration of applications seeking such relief from the relevant provisions of this chapter. Such relief shall apply with respect to the requirements of Article V, Zone District Regulations, § 535-29C(1), Agricultural and Horticultural Development, with the exception that for the items listed at Subsection E, below, relief shall in addition require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this chapter or the underlying municipal zoning ordinance will minimize or eliminate adverse impacts to Highlands Resources, Resource Areas, or Special Protection Areas, these benefits shall be given significant weight in the analysis of approval criteria.
E.
Highlands Council jurisdiction. Relief from any of the following specific provisions of Article V of this chapter may be granted by the reviewing Board or other municipal authority only where a waiver has been issued by the Highlands Council. No such application shall be deemed complete or considered for review by the Board or other municipal authority absent such authorization. Applicants seeking any such relief shall make application directly to the Highlands Council.
Relief from any provision of Article VI [with the exception of § 535-29C(1) or Article VII of this chapter] shall require issuance of either a Highlands Act waiver or an exception, as provided in this subsection. Highlands Act waivers may be issued only by the NJDEP or the Highlands Council, as appropriate. Exceptions may be granted by the reviewing municipal board or authority only where the review standards of this subsection have been satisfied.
A.
Highlands Act waiver provisions. Highlands Act waivers may be issued only by the NJDEP or the Highlands Council in accordance with the respective rules and criteria established by each agency in accordance with the provisions of the Highlands Act and the Highlands Regional Master Plan. A Highlands Act waiver shall be required in the event of any application proposing the disturbance of a Highlands Resource, Resource Area or Special Protection Area in excess of, or not in compliance with, that authorized under the applicable provisions of Article VI and Article VII of this chapter. Highlands Act waivers shall also be required for any application proposing: use of net or conditional water availability in excess of that authorized by the Highlands Council; water deficit mitigation insufficient to comply with mitigation requirements of the Highlands Council pursuant to § 535-26G(2).; or installation or expansion of a use or structure listed as a PCS at Appendix B or Appendix C[1] (where not otherwise prohibited by use restrictions of § 535-18C) in a manner inconsistent with all provisions and conditions of approval of § 535-28C. The issuance of a Highlands Act Waiver shall in no case be construed to alter or obviate the requirements of any other applicable state or local laws, rules, regulations, development regulations, or ordinances.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
B.
Municipal exception provisions.
(1)
For applications other than those cited at Subsection A, above, the reviewing Board or other authority may grant exceptions from the strict application of the provisions of Article VI and Article VII of this chapter only where the applicant demonstrates and the reviewing entity finds that:
(a)
The deviation is unavoidable and represents the minimum feasible
under the particular circumstances surrounding the project proposal,
and the grant of relief is reasonable, necessary and supports the
general purpose and intent of the applicable provisions; or
(b)
The literal enforcement of the provision(s) of the ordinance
at issue is impracticable or will exact undue hardship because of
peculiar conditions pertaining to the land in question.
(2)
The approval of an exception must be accompanied by a detailed justification
provided in writing, including at a minimum an explanation of how
and to what extent the following conditions are addressed:
