The exclusions listed herein below consist of specific activities, improvements, and development projects, to which the provisions of this chapter shall not apply. These exclusions shall not be construed to apply across-the-board to any lot, tract or other division of land, whether existing or proposed as of the effective date of this chapter. Neither shall such exclusions be construed to alter, obviate or waive the requirements of any other applicable state or local law, rule, regulation, development regulation or ordinance. This would include, for example, the bulk requirements of the municipal zoning ordinance (e.g., yard and area requirements), the rules and regulations applicable to issuance of building permits, or the requirements of any municipal ordinance regulating the operation and maintenance of on-site septic systems.
A. This chapter shall not apply to reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this chapter, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.
B. This chapter shall not apply to any improvement or alteration to a building or other structure lawfully existing as of the effective date of this chapter, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act, or to otherwise provide accessibility to the disabled.
C. Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this chapter shall not apply to agricultural or horticultural use and development (as defined at §
101-13).
D. This chapter shall not apply to any activity, improvement, or development project specifically listed as a Highlands Act Exemption at N.J.S.A. 13:20-28. The applicable Highlands Act Exemptions include those listed below.
(1) Highlands Act 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.
(a) For purposes of this chapter, this exemption shall not be construed to permit multiple 125% footprint expansions, but rather, to permit one or more reconstruction activities cumulatively resulting in a maximum 125% increase 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 in the Preservation Area, any 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).
(b) For purposes of this chapter, the applicable date of lawful existence shall, for the preservation area, coincide with the date of enactment of the Highlands Act (August 10, 2004), and for the planning area, the effective date of this chapter or of the Highlands Checklist Ordinance, whichever is the earlier.
(2) Highlands Act 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.
(3) Highlands Act 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.
(4) Highlands Act 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.
(5) Highlands Act Exemption 14. The mining, quarrying, or production of ready mix concrete, bituminous concrete, or Class B recycling materials occurring or which are permitted to occur on any mine, mine site, or construction materials facility existing on June 7, 2004.
(6) Highlands Act Exemption 15. The remediation of any contaminated site pursuant to P.L. 1993, c. 139 (N.J.S.A. 58:10B-1 et seq.).