Forests are a defining visual and functional feature of the
Highlands Area. Forests provide habitat and sustenance for a diverse
array of plants and animals and are essential to maintaining biodiversity.
Forests protect against soil erosion, provide filtration for groundwater
recharge, and assist in protecting stream water quality. Forests retain
moisture and sequester atmospheric carbon, thus helping to stabilize
weather patterns and mitigate global warming. Forested areas of the
Highlands Area offer important recreational resources, contribute
to its unique scenic quality, and, when managed sustainably, can provide
a long-term source of wood and wood products.
All portions of the Highlands Area identified by the Highlands Council as containing forest (as defined at § 102A-3.2) appear as Total Forest Area in the map titled "Forest Resource Area, Total Forest Area" (Exhibit 2),[1] adopted and incorporated as a component of this part pursuant to § 102A-4.4, above. The Total Forest Area includes forested portions of lands designated as Forest Resource Area, as provided at § 102A-4.3.1, above.
[1]
Editor's Note: Exhibit 2 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
Clear-cutting is prohibited in any forested portion of the Highlands
Area, whether the affected lands are delineated as Total Forest Area
or Forest Resource Area, or consist of lands containing upland forest,
as determined under the procedures provided at Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Any forest disturbance (as defined at § 102A-3.2) other than that authorized pursuant to an HPAA issued by the NJDEP, shall be permitted only upon a finding by the reviewing board or other applicable municipal authority that the following requirements have been satisfactorily addressed:
A.
Demonstration that the proposed disturbance can neither be avoided
nor reduced in extent, while adequately providing for a proposed use
that otherwise addresses the requirements of this part;
B.
Incorporation of low-impact development techniques (see § 102A-7.2) appropriate to the activity or development project proposed;
C.
For any proposed disturbance of 1/2 acre or more, other than that
associated with the maintenance of a legally preexisting use or structure
(expressly excluding the expansion of any such use or structure),
submission, approval and implementation of a forest mitigation plan
designed to minimize the extent of such disturbance, protect forest
areas adjacent or proximate to the disturbance area, and mitigate
for loss of trees or other forest vegetation removed during the course
of such disturbance; and
D.
Notwithstanding the preceding provisions, in the case of any proposed
disturbance that by definition constitutes deforestation, submission,
approval and implementation of a forest mitigation plan designed to
minimize the extent of deforestation, protect forest areas to remain,
and restore or mitigate for forest area loss.
With the exception of forest disturbance authorized pursuant to an HPAA issued by the NJDEP, any application proposing a disturbance requiring a forest mitigation plan pursuant to § 102A-6.1.4 above, shall be accompanied by a forest impact report containing, at minimum, the items listed in this subsection.
A.
All forest impact reports.
(1)
A map of upland forest area located on or within 500 feet of
the subject property, as determined in accordance with Appendix A.[1] A map indicating any on-site areas designated as Forest
Resource Area or Total Forest (Exhibit 2).[2] Where access is not available to adjacent properties,
the municipal environmental resource inventory, and any updated Highlands
Council GIS data delineating the Forest Resource Area and Total Forest
may be relied upon for off-site forest identification.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Exhibit 2 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
(2)
A description of the nature, density and intensity of the proposed
use or activity.
(3)
A plan indicating the extent of the forest disturbance area,
identifying the number, location, species, and for trees of greater
than six inches in caliper (measured at 4.5 feet above grade level),
the caliper of any trees proposed for removal.
(4)
A description of the site alternatives analysis undertaken to,
in this order: a) avoid forest disturbance; b) minimize forest disturbance;
and c) ensure that any forest disturbance that cannot be avoided results
in the least impact.
(5)
A description of the low-impact development practices to be
used to minimize the disturbance area and its impact; design details
to be indicated in development plans, if applicable.
(6)
If the applicant proposes site-specific forest information that
differs from mapped forest resources in Exhibit 2,[3] including information based on the method in Appendix
A,[4] it must be provided in a format and with sufficient information
that the findings may be submitted for verification by the Highlands
Council as an RMP update.
[3]
Editor's Note: Exhibit 2 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
(7)
An analysis of the effects (direct and indirect) of the proposed
use or activity upon forests, including forest areas adjacent and
proximate to the disturbance area.
B.
Deforestation impact reports. In addition to the items required above for all forest impact reports, any application proposing disturbance that, by definition (see § 102A-3.2), constitutes deforestation shall include:
(1)
A description of the area surrounding the subject property within
a radius of 0.5 mile.
(2)
A map of all forest resources, as described in the Environmental
Resources Inventory, within a radius of 0.5 mile of the property,
including any areas designated as Forest Resource Area or Total Forest
(Exhibit 2).[5] Highlands Council interactive website mappings may be
utilized to address this requirement in the event the affected land
area extends into adjoining municipalities.
[5]
Editor's Note: Exhibit 2 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
(3)
A field survey and description of the local ecological community
type(s) on the site and a description of the surrounding, macro-scale
ecological community type(s) of which the property is part.
(4)
An inventory of forest community composition and stand structure.
The inventory shall include a description of vegetation species richness,
vegetation species composition, stand density and basal area, connectivity
with surrounding forested lands, and the survey method.
(5)
An impact analysis documenting and describing any increase in
forest fragmentation, creation of forest edge, disruption of forest
area on steep slopes or riparian areas, or disruption of core forest
areas that will occur as a result of the proposed use or activity.
All forest mitigation plans must be prepared by a State of New
Jersey approved forester or other qualified professional. A forest
mitigation plan must include each of the components listed herein.
A.
Mitigation Priority Area Map. Priority Areas are forested locations
within the site having the highest ecological value to be targeted
for conservation, restoration, or mitigation, including such areas
as:
B.
Protection plan. A plan providing the proposed methodology appropriate
to, and by which the applicable mitigation priority areas will be
protected throughout the period of forest disturbance and thereafter.
C.
Forest protection plan. A plan incorporating preconstruction and
construction best management practices to ensure the well-being of
forest areas adjacent or proximate to the disturbance area. Such plans
shall include prescribed limits of disturbance to be mapped, field
marked, and provided with protective fencing prior to the start of
any construction activity. Plans shall indicate installation of tree
protection fencing along the dripline of trees to be protected, with
instructions barring encroachment by machinery or heavy equipment
of any kind, and requiring regular inspection and maintenance of fencing
throughout the construction period.
D.
Mitigation description. A description of the proposed forest restoration,
tree planting plan or other mitigation initiative proposed to provide
equivalent or enhanced forest ecosystem benefit in consideration of
the extent and type of disturbance or deforestation that would result
if the use or activity is approved.
E.
Planting plan. A detailed plan indicating the specific plantings
proposed for restoration, reforestation or mitigation, including size,
species, quantity, location, separation distances, planting details,
deer and pest management protections, and maintenance plans.
F.
Maintenance agreement. A minimum three-year maintenance agreement
that outlines caretaking responsibilities of the applicant once the
proposed planting has been completed. The maintenance agreement must
include monitoring of newly planted stands, provide for protection
devices in working order for three years, and ensure at least a survival
rate of 75% after three years.
A.
Highlands Open Waters (Exhibit 3)[1] include all springs, streams (including intermittent streams),
wetlands and bodies of surface water, whether natural or artificial
(excluding swimming pools), located wholly or partially within the
boundaries of the Highlands Area. Highlands Open Waters contribute
to the water resources of the Highlands Region, and ultimately to
the water supply of millions of New Jersey citizens. They are essential
to the ecologic function of the plant and animal communities of the
Highlands Area that depend upon them for survival. Highlands Open
Waters are also an important physical feature of the Township, contributing
to its character, aesthetics, history and development, and to its
recreational opportunities.
[1]
Editor's Note: Exhibit 3 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
B.
Protection of Highlands Open Waters is vital not only to the municipality,
but to the Highlands Region and the State of New Jersey. The provision
or preservation/enhancement of buffer areas adjacent to Highlands
Open Waters is an integral component to ensuring such protection.
Key functional values that buffers provide or contribute to, include
but are not limited to: habitat for flora and fauna, stormwater and
floodwater retention and filtration, water quality protection, temperature
moderation, aquatic ecosystem integrity and channel integrity. Highlands
Riparian Areas (Exhibit 4)[2] are lands associated with and bordering on Highlands Open
Waters, often extending beyond Highlands Open Water buffers. These
lands are likewise essential to providing critical hydrologic, ecologic
and pollutant attenuation functions for Highlands Open Waters. Riparian
areas moderate fluctuations in water temperature, help maintain groundwater
recharge and stream base flow, stabilize stream banks, and provide
flood storage areas. During high flow or overland runoff events, riparian
areas reduce erosion and sediment loads to surface water and remove
excess nutrients and contaminants from floodwater. Riparian areas
also provide habitat for a variety of animal species and support terrestrial
and aquatic food webs through deposition of woody debris.
[2]
Editor's Note: Exhibit 4 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
C.
It is in the interest of the local community, the Highlands Region,
and the State of New Jersey that the Highlands Open Waters of the
Township, including associated buffers and Riparian Areas, receive
the highest level of protection possible. The map of Highlands Riparian
Areas (Exhibit 4)[3] includes all Highlands Open Waters and associated flood-prone
areas, riparian soils and wildlife corridors.
[3]
Editor's Note: Exhibit 4 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
All Highlands Open Waters shall include a minimum three-hundred-foot-wide
protection buffer, as measured from the edge of the discernible bank
of the Highlands Open Waters feature, or from the center line where
no discernible bank exists. These buffers are included in the map
of Highlands Open Waters at Exhibit 3[1] with respect to streams, rivers, ponds, lakes and reservoirs.
With respect to wetlands and other Highlands Open Waters features
not mapped in Exhibit 3 (e.g., seeps, springs), each shall include
a three-hundred-foot-wide protection buffer measured from: for the
Planning Area, a delineated wetlands line described in a letter of
interpretation (LOI), or from a field-delineated boundary line for
other features; or for the Preservation Area, the delineated limits
of the feature, as indicated by a Highlands Resource Area determination
issued by the NJDEP.
[1]
Editor's Note: Exhibit 3 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
Highlands Open Waters buffers shall be maintained in their undisturbed
or preexisting condition, unless a disturbance is approved in accordance
with the provisions of this section.
A.
Preexisting structures or improvements. Any lawfully preexisting
structure or improvement located within a Highlands Open Waters protection
buffer area as of the effective date of this part may remain and be
maintained or rehabilitated, provided that the existing area of disturbance
attributed to or associated with such structure or improvement shall
not be increased.
B.
Agricultural and horticultural land uses. For purposes of this section,
existing agricultural and horticultural uses, whether or not under
active management or operation, shall not be included in any assessment
of "previously disturbed" buffer areas with regard to proposals for
nonagricultural development.
C.
Approvals subject to outside agency approvals. Approval of any application
involving the disturbance of a Highlands Open Waters buffer pursuant
to this section shall not be construed to relieve the applicant from
the applicable rules, regulations or legal requirements of any other
agency having jurisdiction over such buffers, including but not limited
to: the NJDEP (e.g., Freshwater Wetland Rules, N.J.A.C. 7:7, Stormwater
Management Rules, N.J.A.C. 7:8, Flood Hazard Area Rules, N.J.A.C.
7:13, NJPDES Rules, N.J.A.C. 7:14A); a Soil Conservation District
pursuant to its authority under New Jersey Soil Erosion and Sediment
Control Act Rules, N.J.A.C. 2:90; or any county or other regional
entity having authority pursuant to a regional stormwater plan adopted
by NJDEP under N.J.A.C. 7:8 and 7:15.
D.
Municipal stormwater management requirements. Where the provisions
of this section are in conflict with the provisions of an adopted
municipal stormwater management ordinance, the more restrictive of
the two shall apply.
E.
Stream corridor protection/restoration plan. Where the provisions
of this section are in conflict with the provisions of an adopted
stream corridor protection/restoration plan, the provisions of the
adopted plan shall override.
F.
Protection buffer expansion. The provisions of this section shall
not be construed to preclude the imposition of a wider protection
buffer requirement where site-specific analysis and evaluation by
a qualified professional indicates that such expansion is essential
to the protection of Highlands Open Waters, associated Riparian Areas,
or the habitat of water or wetlands-dependent species (particularly
in the case of rare, threatened or endangered species) located therein.
G.
Preservation Area standards. Any disturbance of a Highlands Open
Water buffer proposed in connection with a major Highlands development
shall be authorized and regulated only by the NJDEP in accordance
with NJDEP Preservation Area Rules (N.J.A.C. 7:38) and all other applicable
requirements.
H.
Planning Area standards. Disturbance is prohibited within all Highlands
Open Waters and adjacent three-hundred-foot buffers except for linear
development, which shall be permitted only provided that there is
no feasible alternative for the linear development outside the Highlands
Open Waters or Highlands Open Water buffer. The provisions of this
subsection shall apply until and unless overridden by ordinance provisions
adopted pursuant to a Highlands Council-approved stream corridor protection
and mitigation plan.
(1)
To address the "no feasible alternative for linear development"
standard, the applicant shall demonstrate that there is no other location,
design or configuration for the proposed linear development that would
reduce or eliminate the disturbance. For proposed linear development
that would provide access to an otherwise developable lot, the applicant
shall, in addition, show that:
(2)
An alternative shall not be excluded from consideration under
this subsection merely because it includes or requires an area not
owned by the applicant that could reasonably be obtained, utilized,
expanded or managed in order to fulfill the basic purpose of the proposed
linear development.
(3)
The reviewing municipal authority shall not approve any application
pursuant to this subsection if, after review of the information provided
to support an approval, it finds that there is a reasonable alternative
to the proposed linear development.
Disturbance of any portion of a Highlands Riparian Area is prohibited except for linear development, which shall be permitted only provided that there is no feasible alternative for the linear development outside of the Riparian Area. All provisions of § 102A-6.2.3H above shall apply with regard to the "no feasible alternative" standard. These provisions shall apply until and unless Riparian Area disturbances are otherwise authorized under implementing ordinance provisions adopted pursuant to a Highlands Council-approved stream corridor protection and mitigation plan.
A.
Disturbance of steep slopes can trigger soil erosion and sedimentation,
resulting in the loss of topsoil. Steep slope disturbance can contribute
to siltation of wetlands, lakes, ponds and streams, which damages
and degrades wetland and aquatic habitats. Steep slope disturbance
can also result in alteration of drainage patterns, which, when severe,
can result in land slumping and landslides. Protection of steep slope
areas is essential to the safety and stability of the human and nonhuman
environment. Avoiding disturbance of steep slopes protects surface
water quality, plant and wildlife habitat, and habitat quality. It
also protects ridgelines, hillsides, and mountainous features that
provide variation in the landscape, contribute to scenic viewsheds,
offer unique recreational opportunities, and in many instances define
the character of an area or region.
B.
The severity and extent of steep slopes, in conjunction with applicable
soil characteristics and type and extent of land cover, all affect
the potential for damages from the disturbance of steep slopes. The
provisions of this section are intended to protect the citizens, buildings
and structures, and the natural environment and living ecosystems
of the community from harm due to disturbance of steep slopes.
The provisions of this section shall apply to the Steep Slope
Protection Area (Exhibit 5)[1] and to any other portion of the Highlands Area determined to consist of 5,000 square feet or more of contiguous steep slope(s) (as defined at § 102A-3.2). For purposes of making such determinations, slopes shall be calculated for every two-foot contour interval over the full extent of the existing slope features, regardless of the location of property or other jurisdictional boundary lines.
[1]
Editor's Note: Exhibit 5 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
A.
Severely and moderately constrained slopes. Disturbance of severely
constrained and moderately constrained slopes is prohibited, with
the exception of that required in connection with a linear development.
Such linear development, however, shall be permitted only in the event
that there is no feasible alternative for such development outside
of the severely constrained or moderately constrained slopes.
(1)
To address the "no feasible alternative for linear development"
standard, the applicant shall demonstrate that there is no other location,
design or configuration for the proposed linear development that would
reduce or eliminate the disturbance of severely constrained or moderately
constrained slopes. For proposed linear development that would provide
access to an otherwise developable lot the applicant shall, in addition,
show that:
(2)
An alternative shall not be excluded from consideration under
this subsection merely because it includes or requires an area not
owned by the applicant that could reasonably be obtained, utilized,
expanded, or managed in order to fulfill the basic purpose of the
proposed linear development.
(3)
The reviewing municipal authority shall not approve any application
pursuant to this subsection if, after review of the information submitted
to support an approval, it finds that there is a reasonable alternative
to the proposed linear development.
B.
Constrained or limited constrained slopes. Disturbance shall be permitted
only upon a finding by the reviewing board or other applicable municipal
authority that the application includes or satisfactorily addresses
each of the requirements following:
(1)
Demonstration that the proposed steep slope disturbance can
neither be avoided nor reduced in extent, while adequately providing
for the proposed use.
(2)
Incorporation of low-impact development techniques (pursuant to § 102A-7.2) appropriate to both the proposed activity and the steep slope environment, designed to reduce the extent of disturbance areas, stabilize areas that are disturbed, provide for stormwater management, and protect adjacent areas during site construction.
(3)
Development layout shall be designed to:
(a)
Minimize the need for landform grading and retaining structures;
(b)
Incorporate a cluster development format, where feasible, to
minimize the extent of development on steep slopes; and
(c)
Disturb steep slopes (where such disturbance cannot be avoided)
having the minimum potential for slope instability.
(4)
Site design shall:
(a)
Incorporate stabilization techniques that emphasize bioengineering;
(b)
Ensure minimized soil loss during and after construction through
steep-slope-appropriate soil erosion and sediment control techniques;
(c)
Prevent direct discharge of stormwater into Highlands Open Waters
features;
(d)
Provide for control of stormwater velocity and volume such that
no net increase in runoff rates occurs between pre- and post-conditions;
and
(e)
Provide for maximum protection of existing trees, woodlands
and surrounding natural vegetated areas.
A.
Habitat protection is critical to maintaining biodiversity and providing for the needs of rare, threatened and endangered plant and animal species. Biodiversity is the variety of plant species, animal species and all other organisms found in a particular environment, and is a critical indicator of ecological integrity. This part establishes three categories of Critical Habitat in the Highlands Area, as set forth at § 102A-4.3.5, above. Critical Wildlife Habitat includes lands containing habitat for rare, threatened and endangered wildlife species. Significant Natural Areas are those Natural Heritage Program (NHP) Priority Sites within the Highlands Region that are regionally significant due to the presence of either rare or endangered plant species or of unusual or exemplary natural ecological communities. Vernal pools are unique ecosystems that: provide critical breeding habitat for a variety of amphibian and invertebrate species; contribute to local biodiversity by supporting plants, animals and invertebrates that would otherwise not occur in the landscape; and contribute significant amounts of food to adjacent habitats.
B.
Protection of Critical Habitat is essential to the well-being of
a wide variety of plants and animals making up the unique ecosystems
of the Highlands Area. Such protection is vital to the survival of
numerous rare, threatened and endangered species. Protection of Critical
Habitat is in the interest of the Township and the Highlands Region,
as a whole, not only for its contributions to ecosystem stability
and biodiversity, but for its role in the health and stability of
the human environment, and its contributions to aesthetic values.
Upon Township adoption of a habitat conservation and management
plan, which, inclusive of any accompanying ordinances, rules or regulations,
shall be approved by the Highlands Council, all applications proposing
disturbance of a Critical Habitat area shall be filed, reviewed and
considered in accordance with the provisions and criteria provided
therein.
A.
The Carbonate Rock Area identifies portions of the Highlands Area
underlain by carbonate bedrock or known to contain karst topography.
Solution (by water) of carbonate rocks such as limestone and dolomite
by surface water or groundwater can cause surface depressions and
development of irregular, subsurface rock topography known as karst.
These conditions make such areas unstable and susceptible to subsidence
and surface collapse. Karst conditions can lead to formation of sinkholes,
sinking streams, enlarged bedrock fractures, caves and underground
streams. Sinkholes function as funnels, directing surface water runoff
into karst aquifers with little or no attenuation of transported contaminants.
Stormwater basins, septic system leachfields, sewers, agricultural
runoff, lawn runoff, underground pipelines, and soil disturbance all
can contribute contaminants directly to groundwater through karst
features. Soils in sinkhole bottoms may be thin or nonexistent. In
addition to potential for groundwater contamination, karst features
present a threat to public safety. Sinkholes and other karst formations
can undermine buildings and structures, including infrastructure facilities,
such as roads, natural gas lines, water supply and sewer lines, septic
systems and stormwater basins.
B.
The provisions of this section are intended to protect the citizens,
buildings and structures, and the natural environment, particularly
the groundwater resources of the Highlands Area from the potential
for harm or physical damage associated with land development in areas
that may develop karst features.
The provisions of this section shall apply to all proposed development
in the Carbonate Rock Area (Exhibit 7),[1] including that in both the Preservation Area and the Planning
Area.
[1]
Editor's Note: Exhibit 7 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
Any application for development within the limits of the Carbonate Rock Area shall be preceded by a geotechnical investigation, as provided in this subsection, unless certification is provided by a qualified engineering/geotechnical/geological professional indicating that the area in question is neither underlain by, nor has the potential to develop, karst topography. No such development application shall be deemed complete or considered for review by the applicable land use board or other designated municipal authority until such time as the geotechnical investigation program described herein has been satisfactorily completed, as certified by the individual(s) designated to review and make such findings on behalf of the municipality (see Subsection C, below). The Code of Bethlehem Township regulates development, sets forth design standards, and identifies the Carbonate Rock District and Carbonate Rock Drainage Area in § 102-39.2. These regulations shall retain jurisdiction where they are more restrictive than Highlands Regional Master Plan restrictions.
A.
Purpose. The purpose for the geotechnical investigation is to locate
carbonate rock features that may be affected by the development proposal,
to reveal the potential threats to public health, safety or welfare,
or groundwater quality that may result, and to determine the most
appropriate ways to address these issues in the design and implementation
of the project proposal.
B.
Professional required. The geotechnical investigation must be conducted
by a qualified professional, such as geologist, soils or geotechnical
engineer, or other licensed professional engineer having experience
in karst area investigations and associated development.
C.
Municipal review. Review and oversight of geotechnical investigations
shall fall under the purview of the Municipal Engineer. For purposes
of this subsection, the "Municipal Engineer" shall refer to the qualified
professional engineer or geological expert designated by the municipality
to provide review and recommendations concerning matters of a geotechnical
nature.
D.
Program. The investigation shall occur in two phases, wherein the
results of the first shall determine the need for and extent of requirements
pertinent to the second.
(1)
Phase I investigation.
(a)
The investigation shall commence with completion of a Phase
I Geological Investigation which shall identify the geologic nature
of the materials underlying the site. This assessment shall be based
on review of existing available information, such as prior investigation
reports on properties proximate to the subject parcel(s), aerial photography,
as well as on-site field investigation.
(b)
Phase I findings shall be provided in a summary report including:
a description of the site geology; groundwater conditions such as
depth to water table and direction of flow; an evaluation of the potential
impact of the project on groundwater quality; and identification of
any karst features observed. In addition, the report shall include
the geological professional's recommendations as to whether, in light
of the proposed development plan, a Phase II Geological Investigation
should be prepared and submitted, and whether any portion of the requirements
of the Phase II investigation should be waived.
(c)
The applicant's geological professional and the Municipal Engineer
shall review the applicant's Phase I findings in the field.
(d)
The Municipal Engineer shall determine whether a Phase II investigation
shall be required, based on the data submitted and the recommendation
of the applicant's geological professional. The Municipal Engineer
may grant a waiver from parts of the Phase II geotechnical evaluation
or from part or all of the reporting requirements if, in his/her professional
opinion, such aspects are not relevant or necessary in formulating
the proposed development plan for the site or property in question.
(e)
In the event that a Phase II investigation is not required,
the Municipal Engineer shall provide written certification that the
applicant has satisfactorily completed the requirements of the geotechnical
investigation. Such certification shall include any conditions pertinent
to the issuance of such certification that the Municipal Engineer
may deem necessary or appropriate to ensure the geotechnical sufficiency
of the proposed development plan. All materials developed in the course
of the Phase I investigation, inclusive of the Municipal Engineer's
evaluation report(s) and recommendations, shall be provided to the
municipal board or authority having jurisdiction over the development
application.
(2)
Phase II investigation.
(a)
The purpose of the Phase II investigation is to delineate and
define potential karst areas noted or suspected in the Phase I Geological
Investigation, to evaluate the effects of those of the proposed development
on such areas, and to propose methods of protection and mitigation
if needed.
(b)
A Phase II investigation plan shall include a narrative describing
the types of features to be investigated, their locations, the types
of direct/indirect methods to be used and the reasons for their use.
Indirect methods include the use of aerial photography, satellite
imagery and geophysical procedures, such as ground-penetrating radar,
electrical conductivity, electrical resistivity, magnetic field, very
low frequency measurement, gravity field recording and seismic velocity
measurements. Direct methods shall include test pits, test probes,
test borings or other appropriate methods. A plan indicating the areas
of investigation, proposed locations of testing and types of testing
shall accompany the Phase II investigation plan.
(c)
After the Phase II investigation plan has been approved by the
Municipal Engineer, formal notification shall be issued to the applicant
authorizing the commencement of the testing procedures. The development
site shall be subject to inspection by the Municipal Engineer or designated
municipal inspectors at any time. All testing data and results shall
be made available to municipal officials and inspectors upon request.
Any samples taken shall be properly preserved and shall be available
for examination by the Municipal Engineer until final action is taken
by the approval authority on the application.
(d)
At the completion of the Phase II investigation, a formal geotechnical
evaluation report shall be submitted which shall include a geologic
interpretation of the observed subsurface conditions, including soil
and rock type, geologic unit, jointing, faulting, voids, fracturing,
grain size and sinkhole formation. In addition:
[1]
The report shall provide all information gathered
in the course of the testing protocol, including, as applicable: logs
of all borings, test pits, and probes including evidence of cavities;
loss of drilling fluid circulation during drilling; voids encountered
and similar cavities; type of drilling or excavation technique employed;
drawings of monitoring or observation wells as installed; time and
dates of explorations and tests; reports of chemical analyses of on-site
surface and groundwater; names of individuals conducting tests if
other than the applicant's designated professional; analytical methods
used on soils, water samples, and rock samples; a one-inch-equals-one-hundred-feet
scale topographic map of the site (at a contour interval of two feet)
locating all test pits, borings, wells, seismic or electromagnetic
conductivity or other geophysical surveys; and analysis of the groundwater
including any potentiometric maps constructed from site data or aquifer
tests with rate and direction of flow.
[2]
The report shall include an evaluation of the geotechnical
findings in relation to the proposed development, and recommendations
for the planning, engineering design and construction techniques to
be utilized in accomplishing the project. All design recommendations
shall minimize, to the greatest extent practical, impacts upon water
quality and structural hazards associated with carbonate rock formations.
The engineering solutions proposed to minimize environmental and structural
impacts must be clearly detailed.
(e)
The Municipal Engineer shall consider the data, formal reports,
maps, drawings and related submission materials and determine whether
the proposed design satisfactorily provides:
[1]
Sufficient design, construction and operational
information to ensure that the proposed development of the tract will
not adversely affect the health, safety and welfare of the community;
[2]
Specific details demonstrating that the proposed
method of development of the tract will minimize any adverse effects
on the quality of surface or subsurface water, and will not alter
the character of surface and/or subsurface water flow in a manner
detrimental to known on-site or off-site conditions;
[3]
Specific details ensuring that design concepts
and construction and operational procedures intended to protect surface
and subsurface waters will be properly implemented; and
[4]
Specific details on inspection procedures to be
followed during construction and after project completion.
(f)
The Municipal Engineer shall, within 45 days of submission of
the Phase II geotechnical evaluation report, provide the applicant
with a written response, evaluating the adequacy of the investigation,
the sufficiency of information to make the necessary findings, and
a review and recommendations, if any, concerning the geotechnical
aspects of the proposed development plan and associated construction
and mitigation techniques.
(g)
Upon a finding of sufficiency, the Municipal Engineer shall
certify that the applicant has satisfactorily completed the geotechnical
investigation, and all materials developed in the course of the investigation
process, inclusive of the Municipal Engineer's evaluation report(s)
and recommendations, shall be provided to the municipal board or authority
having jurisdiction over the development application.
Applicants seeking approval of development activities in subwatersheds
that drain directly to the Carbonate Rock Area shall conduct a Phase
I Geological Investigation. The Phase I investigation and Municipal
Engineer's review shall ensure that any proposed development activity
having potential to alter the types, volumes, or rates of runoff entering
the Carbonate Rock Area, shall be designed to prevent the formation
or enlargement of sinkholes, the introduction of contaminated surface
water into groundwater aquifers via sinkholes or cavities, or the
lowering of the water table.
Where a geotechnical investigation is required in connection
with a development application that will subsequently be filed with
the Planning Board or Zoning Board of Adjustment, the Municipal Engineer
shall provide recommendations to the Board concerning the application
during the course of its review and decisionmaking. For all other
applications requiring a geotechnical investigation, the recommendations
and requirements of the Municipal Engineer shall have final force
and authority and shall be incorporated into any approval issued by
the reviewing authority.
A.
In no case shall an application for development, in either the Carbonate
Rock Area or in a subwatershed that drains directly to the Carbonate
Rock Area, be approved unless the applicant has demonstrated to the
satisfaction of the reviewing board or other municipal authority (in
consultation with the Municipal Engineer) that all potential hazards
to public health and safety, structures and groundwater are fully
addressed and mitigated, with the maximum emphasis given to nonstructural
measures, such as avoidance of modifications to areas having karst
potential, use of dry swales to divert runoff away from carbonate
rock areas, minimization of site disturbance, and removal or minimization
of impervious surface.
B.
The following conditions shall accompany the approval of any application
for development in the Carbonate Rock Area:
(1)
The location of all sinkholes, disappearing streams or karst
features shown on documents submitted under the Phase I and/or Phase
II Geologic Investigations shall be drawn on all preliminary and final
plats, site plans and parcel plans. These shall also note any site
remediation techniques to be utilized to stabilize any solution channels
or subsidence karst features.
(2)
In the event a previously unidentified carbonate rock feature
posing a geologic hazard is discovered during construction, the applicant
shall:
(a)
Report the occurrence of the hazard to the Municipal Engineer
within 24 hours of discovery;
(b)
Halt construction activities which would affect the geologic
hazard;
(c)
Prepare a report on the geologic hazard which analyzes the impact
of the hazard and details a remediation plan for review and approval
by the Municipal Engineer;
(d)
After obtaining approval from the Municipal Engineer, perform
necessary remediation of the hazard to prevent or minimize damage
to buildings, structures, utilities, driveways, parking areas, roadways
and other site improvements, and to minimize pollution of the groundwater;
(e)
Repair any damage to improvements and restore ground cover and
landscaping;
(f)
In those cases where the hazard cannot be repaired without adversely
affecting the site plan or subdivision, the applicant shall file an
amended application for a site plan or subdivision approval in compliance
with the provisions of the municipal ordinances.
Where any use or structure classified as a major potential contaminant
source (PCS) (as listed at Appendix B[1]) is proposed to be located or expanded within a Carbonate Rock Area determined to contain or have potential to develop karst features, or within any area discharging surface water into a Carbonate Rock Area containing or having potential to develop karst features, the standards of approval provided at § 102A-6.9.3, below, shall apply in addition to the preceding requirements.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
The water resources of the Highlands Area are critical to supporting
the life of the community. Groundwater supplies represent the primary
source of potable water in the Highlands Region and provide base flow
to the region's streams. The importance of ensuring the high quality
and sustainable use of Highlands groundwater supplies cannot be overstated.
The availability of clean water for human use is critical to the life
and economic vitality of the Highlands Area. The availability of water
for ecological purposes is critical to sustaining the aquatic ecosystems
of streams, ponds and lakes as well as the riparian flora and fauna
that depend upon them. When water withdrawals exceed the rate of recharge,
groundwater supplies diminish, making access more difficult, reducing
reliability, and ultimately leading to loss of the potable water source.
Overuse of groundwater reduces stream base flows, impairs ecological
function and integrity, and threatens the long-term reliability of
potable water supplies that the community depends upon. The provisions
of this section are intended to protect groundwater supplies from
depletion resulting from unsustainable use. Where groundwater supplies
are already depleted, these provisions require measures to enhance
and restore this vital resource.
The provisions of § 102A-6.7.3 below shall apply to all development within the Highlands Area. The remaining provisions of this section shall apply to any development application proposing a new or increased use of potable or nonpotable water averaging 6,000 gallons per day or more, derived from: a) any groundwater source in a Highlands Area HUC14 subwatershed, whether through a public community or noncommunity water supply system well, a nonpublic well, or an individual private well; or b) any surface water source in a Highlands Area HUC14 subwatershed that is not associated with a safe yield determined by the NJDEP through a water allocation permit. Specifically excluded from these provisions (§§ 102A-6.7.4 through 102A-6.7.7) are modifications or improvements to existing uses and structures that do not result in an increase in water demand by an average of 6,000 gallons per day or more. The Code of the Township of Bethlehem § 102-65 requires aquifer tests and analysis. To the extent the Township regulations are more restrictive than Highlands Council or NJDEP regulations, the Township regulations shall supercede.
All development proposals shall incorporate, as applicable,
the following water conservation measures to promote sound resource
use, reduce supply deficits, and reduce the need for additional utility
infrastructure:
A.
Meet all applicable building code requirements for the use of water
conservation fixtures and appliances in new or rehabilitated structures;
B.
Provide automatic controls based on rain sensors (or soil moisture)
for all new and replacement lawn irrigation systems, as required by
the electrical subcode at N.J.A.C. 5:23-3.16;
C.
Design all nonpotable irrigation water uses to ensure that only the
necessary amounts of water are used to achieve optimum plant growth,
to the maximum extent practicable;
D.
Provide for internal recycling or beneficial reuse of reclaimed water
in new commercial development projects, to the maximum extent practicable;
E.
Rely on stormwater for irrigation purposes to the maximum extent
practicable, including but not limited to methods recommended by the
U.S. Green Building Council through its Leadership in Energy and Environmental
Design (LEED) program;
F.
Reduce water losses to the maximum extent practicable, in the rehabilitation
of on-site water supply utility infrastructure, through such means
as application of American Water Works Association/International Water
Association water loss analysis methods (AWWA Manual M-36 or most
recent version).
Net water availability has been calculated by the Highlands
Council for each HUC14 subwatershed located within or partially within
the Highlands Area (Exhibit 10)[1]. Expressed in million gallons per day (MGD), the values
assigned to each HUC14 subwatershed derive from subtracting consumptive
and depletive surface and groundwater uses for a baseline year, from
total groundwater availability. Where net water availability figures
are negative numbers, the subwatershed is identified as a current
deficit area, meaning existing uses exceed sustainable supplies. The
map of net water availability by HUC14 subwatershed provided at Exhibit
10 is herewith adopted and incorporated as a component of this part.
[1]
Editor's Note: Exhibit 10 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
For subwatersheds designated as current deficit areas, the Highlands
Council has assigned a limited amount of conditional water availability,
the use of which is conditioned upon satisfying certain mitigation
requirements. Jurisdiction over the use of conditional water availability
lies solely with the Highlands Council and shall apply in the case
of current deficit areas until such time as a water use and conservation
management plan for such subwatersheds has been adopted and put into
effect.
Where a Highlands Council-approved water use and conservation
management plan has been established for a municipality, HUC14 subwatershed,
or group of HUC14 subwatersheds, any development application involving
the use of water derived from such subwatershed(s) shall be regulated
fully in accordance with the requirements of such plan. Adherence
to the provisions of an adopted water use and conservation management
plan shall constitute satisfactory compliance with all of the provisions
of this section, including those pertaining to net water availability
and conditional water availability.
In the absence of a Highlands Council-approved water use and
conservation management plan for a municipality, HUC14 subwatershed,
or group of HUC14 subwatersheds, any development application involving
the use of water derived from such subwatershed(s) shall be subject
to requirements of this subsection.
A.
Net water availability. The provisions of this subsection shall apply
to any development application proposing the use of net water availability.
These requirements shall apply regardless of whether such water is
supplied from an on-site well or through a water supply utility.
(1)
Highlands Council findings required. No application shall be
deemed complete or considered for review by the applicable board until
or unless the Highlands Council has determined that the proposed consumptive
or depletive water use will not exceed the remaining net water availability
for the source HUC14 subwatershed(s). Such finding shall be provided
by formal notification from the Executive Director of the Highlands
Council, indicating by reference to specified application submittals
(as required by the Highlands Council) that the Highlands Council
has reviewed the specific development proposal at issue, and authorizes
the increased use of potable or nonpotable water therein specified.
(2)
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection A(1), above, shall in no case be approved by the reviewing board unless the proposed use of net water availability remains equal to or less than that authorized by the Highlands Council through its formal findings. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to net water availability, however.
B.
Conditional water availability. The provisions of this subsection
shall apply to any development application proposing the use of conditional
water availability. These requirements shall apply regardless of whether
such water is supplied from an on-site well or through a water supply
utility.
(1)
Highlands Council findings required. No application shall be
deemed complete or considered for review by the applicable board until
or unless a finding has been issued by the Highlands Council indicating
that: a) the proposed consumptive or depletive water use will not
exceed the remaining conditional water availability for the source
HUC14 subwatershed(s); b) that the applicant has correctly determined
the associated mitigation requirement; c) that the proposed development
plan will incorporate or otherwise provide for acceptable methods
of deficit mitigation; and d) that the mitigation measures proposed
by the applicant can be reasonably anticipated to meet the required
level of mitigation. Such findings shall be provided by formal notification
from the Executive Director of the Highlands Council, indicating by
reference to specified application submittals (as required by the
Highlands Council) that the Highlands Council has reviewed the relevant
components of the development proposal and authorizes it to proceed
to the municipal review authority.
(2)
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection B(1), above, shall in no case be approved by the reviewing board unless: a) the proposed use of conditional water availability remains equal to or less than that authorized by the Highlands Council through its formal findings; b) the proposed methods of deficit mitigation are consistent with those so approved; and c) the anticipated levels of mitigation are sufficient to meet the associated mitigation requirements. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to conditional water availability, however.
(3)
Deficit mitigation requirements. Applicants proposing the use
of conditional water availability shall comply with the deficit mitigation
requirements herein.
(a)
The mitigation requirement applicable to any development project
derives from the Highlands Council Scaled Mitigation Requirements
Table, provided below (Table 1). The figures represent the applicable
recharge requirement as a percentage of consumptive/depletive water
use.
|
Table 1. Scaled Mitigation Requirements
| |||||
|---|---|---|---|---|---|
|
Proposed Consumptive or Depletive Water Use (gpd)
| |||||
|
Deficit
(MGD)
|
Less Than or Equal to 1,000
|
1,001 to 5,000
|
5,001 to 10,000
|
10,001 to 25,000
|
Greater Than 25,000
|
|
0.0001 to 0.050
|
125%
|
125%
|
125%
|
150%
|
150%
|
|
0.051 to 0.100
|
125%
|
125%
|
125%
|
150%
|
150%
|
|
0.101 to 0.250
|
125%
|
125%
|
150%
|
150%
|
175%
|
|
0.251 to 0.500
|
125%
|
150%
|
150%
|
175%
|
200%
|
|
0.501 to 1.000
|
125%
|
150%
|
175%
|
175%
|
200%
|
|
1.000 to 7.100
|
150%
|
175%
|
175%
|
200%
|
200%
|
(b)
Deficit mitigation must be provided within the same HUC14 subwatershed
as from which the source conditional water availability derives. If
the project and water source are not located in the same subwatershed,
however, only mitigation measures that benefit the source HUC14 subwatershed
may be utilized to mitigate the deficit.
(c)
The approval of any application proposing off-site deficit mitigation
measures, whether through enhanced recharge or offsets from water
conservation, shall be subject to the receipt of approvals from the
Highlands Council and any other entities having jurisdiction over
the activities proposed at the off-site location (whether located
within or outside of the municipality).
(d)
On-site deficit mitigation measures, whether from enhanced recharge
or offsets from water conservation, shall be subject to the following
criteria:
[1]
Water conservation measures. Water conservation measures may be credited toward mitigation requirements only with respect to existing land uses with consumptive or depletive water uses. (Such measures must be incorporated into the design of any new improvements, in accordance with § 102A-6.7.3, above.) Approval of any application proposing such measures shall be conditioned upon implementation of the measures prior to receipt of any certificate of occupancy or approval for the project improvements. If conservation measures include such methods as reduced irrigation of landscaping, protective covenants (e.g., homeowner's association by-laws) or other such legal mechanisms must be established to ensure their enforceability.
[2]
Recharge measures. The applicant shall include
the proposed mitigation measures in the project stormwater management
plan, stormwater operation and maintenance manual, and applicable
components of site design. The stormwater management plan and O&M
manual shall achieve permanent maintenance and routine monitoring
of the mitigation measure(s) so that the required rate of recharge
is continuously achieved.
(e)
Any application for which deficit mitigation requirements cannot
be achieved shall not be approved by the reviewing authority. The
applicant may modify any such proposal, however, to reduce the consumptive
or depletive water uses to a level at which achieving deficit mitigation
requirements is feasible. All applicants shall demonstrate compliance
with these standards through submission of a deficit mitigation plan,
as provided below.
(4)
Deficit mitigation plans. All applicants proposing deficit mitigation
shall prepare and submit deficit mitigation plans for approval which
shall include the following elements:
(a)
Detailed justification for the proposed conditional water availability use and documentation that the amount of consumptive or depletive use is minimized (including the conservation measures outlined in § 102A-6.7.3, above).
(b)
Engineering plans and drawings of mitigation facilities proposed
to provide the necessary mitigation in the source HUC14 subwatershed.
(c)
Sufficient information to demonstrate that the mitigation measures
are individually feasible and in the aggregate will meet or exceed
the mitigation requirement.
(d)
Sufficient information to substantiate that the facility will
recharge the groundwater table such that it reasonably can be expected
(e.g., using general groundwater flow models) to support aquifer recharge,
or to support stream flow with a travel time in excess of one month.
(e)
Proposed implementation schedule demonstrating compliance with
the following time frame targets:
[1]
Satisfaction of mitigation requirements within
one year of issuance of building permit(s) if the consumptive or depletive
water use is less than 20,000 gpd in the Planning Area or 10,000 gpd
in the Preservation Area, on average.
[2]
Satisfaction of mitigation requirements within
a longer time period for larger amounts, up to five years from issuance
of building permit(s), but no later than upon initiation of the consumptive
or depletive water use, except for projects that involve a combination
of high current water deficits and large proposed consumptive and
depletive water uses as shown in the shaded areas of the table Scaled
Mitigation Requirements (Table 1, above), in which case on-site mitigation
shall be successfully completed prior to initiation of the water use
but may be implemented concurrent with on-site construction. Off-site
mitigation shall be successfully completed prior to any on-site construction.
[3]
Mitigation requirements may be phased in keeping
with the level of consumptive and depletive water use that actually
occurs based on phased construction of a project.
(f)
Proposed operation, maintenance and monitoring requirements
to ensure that sufficient recharge is maintained over time. These
requirements shall at a minimum be sufficient to comply with N.J.A.C.
7:8 stormwater maintenance requirements.
(5)
Conditions of approval. As a condition of any approval of a
development application, inclusive of the proposed deficit mitigation
plan, pursuant to this subsection, the applicant shall:
(a)
Demonstrate that the entity designated to implement the deficit
mitigation plan is qualified and capable of carrying out the plan,
regardless of the time frame involved.
(b)
Provide proof of acceptance of all responsibilities for implementation
of the deficit mitigation plan by the responsible entity.
(c)
Provide a cost estimate for implementation of the deficit mitigation
plan, inclusive of a ten-percent contingency.
(d)
Provide performance and maintenance guarantees in accordance
with all municipal and MLUL requirements in amounts as approved by
the municipal engineer, sufficient to ensure the installation and
implementation of all required deficit mitigation plan measures. Such
guarantees shall be available to the municipality and, secondarily,
to the Highlands Council for implementation of the necessary deficit
mitigation measures should the applicant fail to properly implement
the measures according to the deficit mitigation plan schedule. If
the implementing entity is a public agency, the commitment must be
in the form of a binding resolution or ordinance of the governing
body, and the cost of implementation must be bonded to ensure sufficient
resources.
(e)
Ensure that the responsible entity shall report annually to
the Highlands Council and the municipality regarding implementation
of the deficit mitigation plan until fully implemented, unless reporting
is achieved through effectuation of a water use and conservation management
plan.
(f)
Establish an ongoing system of such reporting which must operate
until the relevant subwatershed is no longer in deficit, or until
the reporting responsibility is absorbed into implementation of an
approved water use and conservation management plan.
Prime Groundwater Recharge Areas are those lands within a HUC14
subwatershed that most efficiently provide, in the aggregate, 40%
of total drought recharge volume for the HUC14 subwatershed. Protection
of such areas is vital to maintaining the quality and quantity of
the groundwater resources upon which both human and nonhuman communities
in the Highlands Area heavily rely. It is the intent of the provisions
herein to ensure that Prime Groundwater Recharge Areas of the Highlands
Area receive the highest possible protection from intrusion to protect
both the recharge capacity that they provide and the quality of the
groundwater supplies that they replenish.
The provisions of this section shall apply to any development
application involving the Prime Groundwater Recharge Area (Exhibit
7),[1] whether in the Preservation Area or the Planning Area.
[1]
Editor's Note: Exhibit 7 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
Disturbance of Prime Groundwater Recharge Area (PGWRA) by any
regulated development shall be permitted only upon a finding by the
reviewing board or other applicable municipal authority that the proposal
complies with the provisions of this subsection.
A.
Avoidance. The proposed disturbance cannot be avoided. Development
shall not occur in Prime Groundwater Recharge Areas unless either
the entirety of the subject property is located within a Prime Groundwater
Recharge Area and thus cannot be avoided, or the disturbance represents
the only viable alternate means to avoid Critical Habitat, Highlands
Open Waters buffers, moderately constrained steep slopes, or severely
constrained steep slopes, to the extent that these resources are also
present upon the subject property.
B.
Minimization. The proposed disturbance cannot be minimized. Where
total avoidance is not feasible, total recharge area disruption (i.e.,
alteration of natural recharge patterns or volumes) shall not exceed
15% of the Prime Groundwater Recharge Area located within the affected
parcels, placed where feasible on those parts of the PGWRA having
the lowest relative recharge rates and the least potential for aquifer
recharge based upon site analysis.
C.
Low-impact development. The proposal incorporates low-impact development practices. Low-impact development practices (see § 102A-7.2) shall be used in the design of the development proposal to reduce total recharge disruption to the minimum feasible, within the 15% cap.
D.
Mitigation. The proposal includes a PGWRA mitigation plan. Any development
application involving disturbance of a Prime Groundwater Recharge
Area shall be accompanied by a mitigation plan, providing for an equivalent
of 125% of preconstruction recharge volumes for that portion of the
Prime Groundwater Recharge Area that will be disturbed. The recharge
mitigation shall occur within the following areas, in order of priority:
1) the same development site to the maximum extent feasible; 2) the
same HUC14 subwatershed; or 3) where no feasible option exists in
the same HUC14 subwatershed, an interrelated HUC14 subwatershed approved
by the Highlands Council.
Where any use or structure classified as a major potential contaminant
source (PCS) (as listed at Appendix B[1]) is proposed to be located or expanded within a Prime
Groundwater Recharge Area, the standards of approval provided at 102A-6.9.3,
below, shall apply in addition to the preceding requirements.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
Protection of groundwater resources that directly provide water
to potable water supply wells is vital to the public health, safety
and welfare of the community. It is also of primary importance to
ensure continued availability of clean drinking water to all that
rely upon it. Through regulation of land use, physical facilities
and other activities within Wellhead Protection Areas (WHPAs), the
potential for groundwater contamination can be reduced by preventing
the introduction and migration of pollutants into groundwater sources
that supply water supply wells.
The provisions of this section shall apply to all proposed development
activities in designated Wellhead Protection Areas (Exhibit 7)[1] in the Highlands Area, whether in the Preservation Area
or the Planning Area.
[1]
Editor's Note: Exhibit 7 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
Where any permitted use or structure classified as a major potential
contaminant source (PCS) (as listed at Appendix B)[1] is proposed to be located or expanded within a Tier 1
Wellhead Protection Area, the standards of this subsection shall apply.
As noted previously, these standards shall also apply to any major
PCS proposed to be located or expanded in: a) any Carbonate Rock Area
containing or having potential to develop karst features; b) any area
discharging surface water into a Carbonate Rock Area determined to
have or having potential to develop karst features; and c) any portion
of a Prime Groundwater Recharge Area. These conditions shall not be
construed to waive or obviate any rules, regulations, or other requirements
pertinent to such uses that may derive from outside agencies having
jurisdiction, such as the NJDEP.
A.
Best management practices. All major PCS facilities shall be designed
in a manner that prevents the unintentional discharge of toxic or
hazardous pollutants to groundwater, surface water bodies, or the
land surface from all internal and external areas, including loading,
storage, and transfer areas, in accordance with the provisions of
this section.
(1)
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
(2)
Containers in which regulated substances are stored must be
clearly and visibly labeled and must be kept closed and sealed when
material is not being transferred from one container to another.
(3)
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but are
not limited to any one or a combination of the following:
(a)
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
(b)
Curbing.
(c)
Gutter, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
(f)
Drip pans.
(4)
Secondary containment and/or diversionary systems, structure
or equipment must meet the following standards:
(a)
The system must block all routes by which spilled hazardous
substances could be expected to flow, migrate, or escape into the
groundwater or surface waters.
(b)
The system must have sufficient capacity to contain or divert
the largest probable single discharge that could occur within the
containment area, plus an additional capacity to compensate for any
anticipated normal accumulation of rainwater.
(c)
In order to prevent the discharge of hazardous substances into
groundwater, all components of the system shall be made of or lined
with impermeable materials sufficient to contain the substance for
the duration of a spill event. Such material or liner must be maintained
in an impermeable condition.
(d)
No manufacturing area, processing area, transfer area, dike
storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto, shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility.
(e)
Outdoor storage of regulated substances in regulated containers
and the containment structure must include a cover to minimize accumulation
of water in the containment area and contact between precipitation
and storage container(s).
(5)
Catchment basins, lagoons and other containment areas that may
contain hazardous substances shall not be located in a manner that
would subject them to flooding by natural waterways.
(6)
Stormwater shall be managed so as to prevent contamination of
groundwater, and so as to be in accordance with applicable laws and
regulations of the State of New Jersey, and of the municipality.
(7)
All transfers of petroleum from delivery trucks and storage
containers over five gallons in capacity shall be conducted over an
impervious surface having a positive limiting barrier (e.g., berm
lip) at its perimeter.
B.
Compliance mechanisms. Any of the following permits and authorizations shall be considered equivalent to the best management practices of this part. As applicable to the PCS involved, these may also be submitted in lieu of an operations and contingency plan, as otherwise required under § 102A-6.9.3C, following.
(1)
A NJPDES permit approved by NJDEP pursuant to N.J.A.C. 7:14A;
(2)
An underground storage tank approved by NJDEP under N.J.A.C.
7:14B;
(3)
A discharge prevention, containment and countermeasure plan
(DPCC) approved by NJDEP pursuant to N.J.A.C. 7:1E;
(4)
A hazardous waste remedial action approved by NJDEP pursuant
to N.J.A.C. 7:26B, 7:26C, 7:26D or 7:26E, or by the United State Environmental
Protection Agency pursuant to the Resource Conservation Recovery Act
(RCRA) or the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA);
(5)
A hazardous waste facility approved by NJDEP pursuant to N.J.A.C.
7:26G;
(6)
Approval by the SCD of a farm conservation plan or resource system management plan pursuant to N.J.A.C. 2:92 (see § 102A-6.10.4 below and Appendix E[2]);
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
(7)
A solid waste facility approved by NJDEP pursuant to N.J.A.C.
7:26H; and
(8)
A high-density animal waste management plan, an animal waste
management plan, or a comprehensive nutrient management plan, as appropriate,
developed pursuant to N.J.A.C. 2:91.
C.
Operations and contingency plans. Unless one of the permits or approvals listed at § 102A-6.9.3B(1) through (8) above is provided, or the applicant certifies that no potential contaminants will be stored, discharged, manufactured or used on site, as a condition of approval of any application involving a major PCS, the applicant shall prepare and obtain approval of an operations and contingency plan in accordance with the requirements herein. No certificate of occupancy or approval (as appropriate) for the development shall be issued until or unless the qualified professional authorized to administer these provisions verifies that the operations and contingency plan has been approved and is on file with the appropriate entities.
D.
Approval of operations and contingency plans. The proposed operations
and contingency plan shall be submitted to the Board of Health (or
equivalent acting authority), Fire Department, Police Departments
and Office of Emergency Management, as applicable. These agencies
shall review and make any appropriate recommendations for approval
or modifications of the operations and contingency plan. The applicant
shall incorporate the recommendations to produce a final document,
for review by the designated municipal professional and each of the
participating agencies. The designated municipal professional shall
coordinate the agencies' responses to ensure that the final plan addresses
all concerns of substance. Upon approval by the designated municipal
professional, the plan shall be filed with all applicable entities
and put into effect as indicated therein. In the event of any irreconcilable
issue in developing or finalizing the plan, it shall be provided as
proposed, to the reviewing board, along with the recommendations of
the designated professional, the participating agencies, and the applicant
and applicant's agents and professionals. A decision by the reviewing
board shall be final.
E.
Required content of operations and contingency plans. An operations
and contingency plan shall be developed, where required under this
part, for each major PCS or group thereof (where multiple sources
exist within a single facility owned and operated by a single entity)
and shall address the following elements. The operations and contingency
plan must demonstrate that the potential for a significant discharge
is the lowest technologically feasible:
(1)
Documentation of the applicable major potential contaminant
sources existing and proposed for the site;
(2)
Types and quantities of hazardous substances or wastes that
may be used, discharged or stored on site;
(3)
Means used to prevent the spillage, leakage or discharge of
such materials;
(4)
Means to be used to contain or remedy accidental spillage, leakage,
discharge or migration of such materials from the site directly or
indirectly into groundwater;
(5)
At a minimum, utilize best management practices as defined by § 102A-6.9.3 and as specified by NJDEP and the United States Environmental Protection Agency, including but not limited to the regulations and guidance in the following areas: discharge prevention containment and countermeasures [N.J.A.C. 7:1E-4.2 (or most current)], spill prevention control and countermeasures [40 CFR 112.3 et seq. (or most current)], Stormwater and Nonpoint Source Pollution Control Best Management Practices Manual [NJDEP, April 2004 (or most current)].
(6)
Specific training of facility personnel to contain or remedy
accidental spillage, leakage, discharge or migration of such materials
from the site directly or indirectly into groundwater, or surface
water bodies or the land surface that provide recharge to the underlying
aquifer.
(7)
Procedures including a contact list and phone numbers for notifying
the appropriate administrative authorities, including but not limited
to NJDEP, the local fire and police, local office of emergency management
and the Board of Health, regarding any spillage or discharge of such
materials; and
(8)
Demonstration that the proposed facility is designed to employ
best management practices to the maximum extent feasible.
F.
Confidentiality protections. Any information included in an operations
and contingency plan which constitutes proprietary commercial or financial
information, or is otherwise protected from disclosure under 7 CFR
Part 205.501 and 205.504 or the Open Public Records Act, N.J.S.A.
47:1A-1 et seq., shall be held confidential by all local entities
participating in its review or implementation, subject to the limitations
set forth therein.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
The Highlands Area contains fertile soils, receives plentiful rainfall, and is characterized by a moderate climate favorable to agricultural and horticultural production. The agricultural industry is vital to the state, the region and the community not only for local provision of agricultural products, but for the economic benefits associated with agricultural production and for maintenance of the rural character associated with agricultural lands. It is the intent of this section to promote sustainable agriculture (as defined at § 102A-3.2) in the Highlands Area by ensuring the long-term sustainability of agricultural resources and the viability of the agricultural industry. These provisions are intended to ensure a healthy agricultural environment and a sufficient agricultural land base, by protecting farmland and farm soils, promoting farmland preservation, and providing the allowances necessary to permit and support farming and farm operations.
The provisions of this section apply to agricultural and horticultural
uses in the Highlands Area and to the lands of the Agricultural Resource
Area (Exhibit 8),[1] specifically. The Agricultural Resource Area (ARA) consists
of the areas of most concentrated and contiguous agricultural uses
in the Highlands Area and contains major areas of important farmland
soils. These provisions shall apply to both the Preservation Area
and the Planning Area.
[1]
Editor's Note: Exhibit 8 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
A.
Agricultural and horticultural development. In accordance with the provisions of § 102A-5.2.1 above, permitted uses in the ARA (with the exception of any forested portions also designated as Forest Resource Areas) include agricultural and horticultural uses (as defined at § 102A-3.2). Accessory uses permitted in conjunction with such uses include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses. The specific permitted uses and other applicable requirements pertaining to agricultural and horticultural development in the ARA include the following:
(3)
Other regulations. Approval of any application proposing agricultural or horticultural development pursuant to this subsection shall, in addition, be subject to the provisions of §§ 102A-6.10.4 through 102A-6.10.6, below.
B.
Residential development. Pursuant to § 102A-5.2.1 above, where the underlying zoning permits residential development within any portion of the ARA, the only form of such development permitted is residential cluster development in accordance with the provisions of § 102A-8.1, below, provided the minimum thresholds (see § 102A-8.1.6) can be satisfied. Where such thresholds cannot be met, the allowances for residential development provided in the underlying Zoning Ordinance apply to applications for such development, subject to all density and resource protection requirements of this part. Lawfully existing residential development in the ARA that does not meet the cluster development requirements of § 102A-8.1 is permitted to continue; it remains under the regulations of the underlying Zoning Ordinance, and is not made nonconforming by the provisions of § 102A-5.2.1.
The approval of any application for agricultural or horticultural
development in the Highlands Area is subject to specific requirements
concerning the development and implementation of farm conservation
plans, as provided in this subsection.
A.
Preservation Area. The approval of any proposal for agricultural
or horticultural development in the Preservation Area is subject to
specific requirements of the Highlands Act, as provided at Appendix
D,[1] enforceable by the NJDA or the local Soil Conservation
District in accordance with the NJDA Agricultural Development in the
Highlands Rules (N.J.A.C. 2:92, Appendix E).
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
B.
Planning Area. The approval of any proposal for agricultural or horticultural development in the Planning Area is subject to the specific requirements listed at Subsection B(1) through (3), below, which are enforceable by the Highlands Council. As a condition of any local approval, the owner or operator of the farm management unit or his/her agent shall be required to obtain a release from the Highlands Council indicating that these requirements have been or will, by formal agreement or other appropriate means, be satisfactorily addressed. This condition shall be satisfied only by submission of a copy of formal notice of such release issued by the Executive Director of the Highlands Council. No permit(s) shall be issued and no land disturbance in connection with the approval shall be permitted until or unless this condition has been satisfied.
(1)
Farm conservation plan. The development and implementation of a farm conservation plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% but less than 9% to the total land area of a farm management unit (as defined at § 102A-3.2 above). Solar panels (as defined at Article III) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
(2)
Resource management system plan. The development and implementation of a resource management system plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover by 9% or greater to the total land area of a farm management unit (as defined at § 102A-3.2 above). Solar panels (as defined at Article III) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
(3)
Plan requirements. Any farm conservation plan required pursuant
to this section shall be prepared in conformance with Sections III
and IV of the June 1, 2005, NRCS New Jersey Field Office Technical
Guide (available electronically at http://www.nrcs.usda.gov/technical/efotg/),
as may be amended and supplemented by the NRCS, and shall include
all items required under N.J.A.C. 2:92-3.1 for same (see applicable
provisions at Appendix E[2]). Any resource management systems plan required pursuant
to this section shall be prepared in conformance with all sections
of the same guide, inclusive of all items required under N.J.A.C.
2:92-4.1, as also provided in Appendix E.
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
Nothing in these provisions or in the whole of this part shall
be construed to alter or compromise the goals, purposes, policies
and provisions of, or lessen the protections afforded to farmers by,
the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1 et seq.),
and any rules or regulations adopted pursuant thereto.
The provisions of this section shall not be construed to alter
or obviate the requirements of any other applicable state or county
laws, rules, or regulations, including specifically N.J.A.C. 2:92,
Agricultural Development in the Highlands, as promulgated by the New
Jersey Department of Agriculture, or those of the SADC, the CADB,
the Soil Conservation Districts, or the NJDEP.
The scenic resources of the Township are part of the unique
landscape that defines the Highlands Region. These resources are essential
to the character and aesthetic quality of the Highlands Area and of
the wider region. Protecting these resources and maintaining the visual
integrity and scenic beauty of noteworthy viewsheds and natural and
cultural features of significance in the Highlands Region adds social,
economic, and environmental benefits to the community. It is the intent
of these provisions to ensure the protection of Highlands Area Scenic
Resources, both from disturbances that may alter or damage such resources
directly, or by intrusion(s) into scenic viewsheds that provide visual
access to them, and of which they are a part.
Any development application involving property containing Highlands
Scenic Resources pursuant to Exhibit 9[1] (and listed as such in the Highlands Element of the Master
Plan), or which lies adjacent to any property containing or partially
containing a Highlands Scenic Resource, shall comply with all requirements
and ordinance provisions adopted pursuant to any Highlands Council
approved scenic resources management plan. This will occur once the
municipality has, pursuant to all applicable provisions of the MLUL
(N.J.S.A. 40:55D-1 et seq.) established an Historic/Scenic Resources
Preservation Commission authorized to survey, advise and make recommendations
concerning scenic resources, adopted an Historic/Scenic Resources
Preservation Ordinance, listed a resource included among the Highlands
Scenic Resources (Exhibit 9) in the Historic/Scenic Preservation Element
of the Master Plan, and by ordinance designated such resource as a
historic/scenic site or district in accordance with duly established
criteria.
[1]
Editor's Note: Exhibit 9 is included in Appendix G, Exhibits, which appendix is included as an attachment to this chapter.
