A. 
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 § 159-8). 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's Master Plan, development regulations, or other regulations adopted pursuant to the approval of Township'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 pursuant to the Highlands Council's approval of Township's Petition for Plan Conformance.
B. 
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 §§ 159-13 and 159-14 below, respectively.
State agency exemption determinations shall consist of either a Highlands applicability determination issued by the NJDEP for a Preservation Area proposal, or a Highlands exemption determination issued by the Highlands Council for a Planning Area proposal. State agency determinations may be requested with regard to any Highlands Act exemption; however for applications involving any exemption not identified at § 159-15 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.
For an application involving any of the specific exemptions listed in § 159-15 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 Highlands Council or the NJDEP.
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. 
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. 
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) 
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 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. 
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) 
For purposes of this chapter, this exemption shall not be construed to permit multiple footprint expansions of 125%, but rather to permit one or more reconstruction activities cumulatively resulting in a maximum increase of 125% in the footprint of the impervious surfaces lawfully existing on the site, provided they do not cumulatively exceed the one-quarter-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 for the Preservation Area, 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) 
For Preservation Area determinations, the applicable date of lawful existence shall be August 10, 2004, the date of enactment of the Highlands Act. For Planning Area determinations, the date of lawful existence shall coincide with the effective date of the municipally adopted Highlands Area Checklist Ordinance or Highlands Area Land Use Ordinance, whichever is earlier.
D. 
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. 
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. 
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. 
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.
Municipal exemption determinations regarding Highlands Act exemptions shall be issued by the Township Engineer or the Township Land Use Board Engineer. 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.
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.
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 or the Highlands Council for a State Agency Determination pursuant to § 159-13 above.