This chapter shall be known and cited as the "Land Use Ordinance,
Highlands Area."
The purpose of this chapter is to effectuate the policies, goals
and objectives of the Township Master Plan, in particular the Highlands
Element of the Master Plan, while at the same time advancing the purposes
of zoning as set forth in the New Jersey Municipal Land Use Law ("MLUL,"
N.J.S.A. 40:55D-1 et seq.), addressing the substantive goals and intents
of the Highlands Water Protection and Planning Act ("Highlands Act,"
N.J.S.A. 13:20-1 et seq.), and satisfying the goals, requirements
and provisions of the Highlands Regional Master Plan (RMP).
The provisions of this chapter pertain to the use and development
of lands located within the Township Highlands Area. The Highlands
Area comprises that portion of the municipality for which the applicable
provisions of the Township Master Plan, land use ordinances and other
pertinent regulations have been deemed by the New Jersey Highlands
Water Protection and Planning Council ("Highlands Council") to be
in conformance with the Highlands RMP. This chapter governs certain
land uses, development and redevelopment activities, and the management
and protection of resources, including but not limited to water resources,
natural resources, agricultural resources, scenic resources and historic,
cultural and archaeological resources. The provisions of this chapter
shall apply in conjunction with all other applicable ordinances, rules
and regulations of the municipality. In the event of conflicting or
less restrictive alternate provisions, the provisions of this chapter
shall supersede.
This chapter is adopted under the authority of the MLUL and
the Highlands Act. The Highlands Act provides authorities and responsibilities
for municipal planning and development regulation that are complementary
to those set forth under the MLUL. The MLUL gives authority to New
Jersey municipalities to govern land use and development within their
borders. The Highlands Act augments that authority to allow the municipality
the power to enforce the goals, policies, objectives and programs
of the Highlands RMP. The Highlands Act is designed to protect the
natural and agricultural resources of the Highlands through a coordinated
system of regional land use controls. The Highlands Act creates a
system in which a regional plan is implemented primarily through local
government units. The Highlands Act and the RMP together provide the
regional perspective from which local decisions and actions will emanate.
If any section, sentence, clause or phrase of this chapter is
held to be invalid or unconstitutional by any court of competent jurisdiction,
such holding shall in no way affect the validity of the chapter as
a whole, or of any other portion thereof.
This chapter shall take effect after final passage and publication
in the manner required by law.
