The Highlands Act establishes the Preservation Area and Planning Area of the Highlands Region. It describes the varied attributes of each and sets forth the major land use planning goals that pertain to the lands located within each. The Act defines the geographic extent of the Highlands Region to include the aggregated land area making up its constituent municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation of the Preservation Area by use of a specific metes and bounds description (N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands Region as the Planning Area.
A. 
Highlands Area. The 2013 Highlands Master Plan Element incorporates the Highlands Preservation Area and Planning Area, inclusive of the goals applicable to each, as an integral component of the planning and land use policies of the municipality. For purposes of this chapter, these areas shall henceforth be known and designated as the Township Highlands Area.
B. 
Preservation Area. The Preservation Area, to the full extent of its limits within the Township Highlands Area, is herewith adopted and established as an overlay to municipal zoning.
C. 
Planning Area. The Planning Area, to the full extent of its limits within the Township Highlands Area, is herewith adopted and established as an overlay to municipal zoning.
The Highlands RMP establishes three primary zones (the Protection Zone, Conservation Zone and Existing Community Zone) and four sub-zones (Wildlife Management Sub-Zone, Conservation Zone – Environmentally Constrained Sub-Zone, Existing Community Zone – Environmentally Constrained Sub-Zone and Lake Community Sub-Zone) each with its own purpose, application and development criteria. Delineation of Highlands Zones finds basis in the underlying natural resources, the extent of existing development and supporting infrastructure, and the potential to support new development and redevelopment. Highlands Zones are intended to ensure that the density and intensity of future development and redevelopment do not exceed the capacity of the land, natural resources and existing infrastructure to support them. The Township Master Plan incorporates the Highlands zones and sub-zones as an integral component of the planning and land use policies of the municipality. In keeping with the Land Use Plan of the Township Master Plan, the following Highlands zones and sub-zones are herewith established as overlays to existing municipal zoning:
A. 
Protection Zone. The Protection Zone contains the highest quality natural resource value lands of the Highlands Area. Lands in the Protection Zone are essential to maintaining water quality, water quantity and sensitive ecological resources and processes and have limited or no capacity to support human development without adversely affecting overall ecological function. Land acquisition is a high priority for lands in the Protection Zone and development activities will be extremely limited. Any development will be subject to stringent limitations on consumptive and depletive water use, degradation of water quality, and impacts to environmentally sensitive lands and natural resources.
B. 
Wildlife Management Sub-Zone. The Wildlife Management Sub-Zone, a sub-zone of the Protection Zone, consists of areas managed by the United States Fish and Wildlife Service as part of the National Wildlife Refuge System, and lands within the Wildlife Management Area System administered by the NJDEP Division of Fish and Wildlife's Bureau of Land Management. These areas are part of a network of lands and waters for conservation, management, and, where appropriate, restoration of fish, wildlife and plant resources and their habitats. Lands within the Wildlife Management Sub-Zone are intended for compatible wildlife-dependent recreational uses such as hunting, fishing, wildlife observation and photography, and environmental education and interpretation.
C. 
Conservation Zone. The Conservation Zone consists of areas with significant agricultural lands interspersed with associated woodlands and environmental features that should be preserved when possible. The Conservation Zone is intended primarily for agricultural use and development, including ancillary and supporting uses and activities. Nonagricultural development activities will be limited in area and intensity due to infrastructure constraints and resource protection goals. Where nonagricultural development does occur it must be compatible with agricultural uses.
D. 
Conservation Zone — Environmentally Constrained Sub-Zone. The Conservation Zone — Environmentally Constrained Sub-Zone consists of lands containing significant environmental features within the Conservation Zone that should be preserved and protected from nonagricultural development. Development activities will be limited and subject to stringent limitations on consumptive and depletive water use, degradation of water quality, and impacts to environmentally sensitive lands.
E. 
Existing Community Zone. The Existing Community Zone consists of areas of concentrated development representing existing communities. These areas tend to have limited environmental constraints due to previous development patterns, and may have existing infrastructure that can support additional development or redevelopment. Where served by adequate supporting infrastructure, lands within the Existing Community Zone are suited to higher densities and intensities of development than other zones.
F. 
Existing Community Zone — Environmentally Constrained Sub-Zone. The Existing Community Zone — Environmentally Constrained Sub-Zone consists of significant contiguous critical habitat, steep slopes and forested lands within the Existing Community Zone that should be protected from further fragmentation. They serve as regional habitat "stepping stones" to larger contiguous critical habitat and forested areas. As such, they are not appropriate for significant development, and are best served by land preservation and protection. Development is subject to stringent limitations on consumptive and depletive water use, degradation of water quality, and impacts to environmentally sensitive lands.
The Highlands RMP establishes Highlands Resource Areas and Special Protection Areas, each delineated based on the existence of one or more significant Highlands resources or critical or sensitive environmental characteristics or features. The Township Master Plan incorporates each of these areas to the extent of their physical limits within the Highlands Area, and the specific policies, goals and objectives relating to their protection as an integral component of the planning and land use policies of the municipality. In keeping with the Township Master Plan, the following Highlands Resource Areas and Special Protection Areas are herewith established as overlays to municipal zoning.
A. 
Forest Resource Area. The Forest Resource Area contains high ecological value forest areas including forested areas having the least fragmentation which are vital to the maintenance of ecological processes. The Forest Resource Area includes forested areas characterized by one or more of the following forest integrity indicators: a contiguous forest patch of 500 acres or more; an area consisting of 250 contiguous acres or more of core forest; or areas accounting for 45% or more of mean total forest cover.
B. 
Highlands Open Waters. Highlands Open Waters consist of all springs, streams including intermittent streams, wetlands, and bodies of surface water, whether natural or artificial, located wholly or partially within the boundaries of the Highlands Region, but not including swimming pools. Highlands Open Waters include seeps, lakes, ponds, and vernal pools, all categories (including springs, streams, and wetlands) as described and defined in the Township Environmental Resource Inventory.
C. 
Riparian Areas. Riparian Areas are areas adjacent to and hydrologically interconnected with Highlands Open Waters, rivers and streams. They consist of floodprone areas, wetlands, soils that are hydric, alluvial, or have a shallow depth to groundwater. Riparian Areas also include wildlife passage corridors within 300 feet of surface Highlands Open Waters features.
D. 
Steep Slope Protection Area. The Steep Slope Protection Area is comprised of those portions of the Highlands Area encompassing a minimum of 5,000 square feet of contiguous area, which are characterized either by grades of 15% or greater, or, if in a Riparian Area, 10% or greater. The Steep Slope Protection Area includes the following sub-classifications:
(1) 
Severely constrained slopes. All lands having slopes of 20% or greater and lands within Riparian Areas having slopes of 10% and greater.
(2) 
Moderately constrained slopes. All forested non-Riparian Area lands having a slope of 15% to less than 20%.
(3) 
Constrained slopes. All nonforested, non-Riparian Area lands having a slope of 15% to less than 20% and exhibiting one or more of the following characteristics: a) highly susceptible to erosion; b) shallow depth to bedrock; or c) a Soil Capability Class indicative of wet or stony soils.
(4) 
Limited constrained slopes. All nonforested, non-Riparian Area lands having a slope of 15% to less than 20%, which are not highly susceptible to erosion, and do not have a shallow depth to bedrock or a Soil Capability Class indicative of wet or stony soils.
E. 
Critical Habitat. Critical Habitat is comprised of all land areas in the Highlands Area designated as Critical Wildlife Habitat, Significant Natural Areas, and Vernal Pools, including Vernal Pool Buffers. Each of these is established as an overlay to municipal zoning.
(1) 
Critical Wildlife Habitat. Within the Planning Area, Critical Wildlife Habitat consists of those areas within NJDEP's Landscape Project Version 3 (or more recent version as amended) that are Landscape Rank 3 through 5. In addition, it includes areas that are designated Landscape Rank 2 and have a Highlands Conservation Rank of Critically Significant or Significant. Within the Preservation Area, Critical Wildlife Habitat consists of those areas within Landscape Rank 2 through 5, including all Highlands Conservation Ranks.
(2) 
Significant Natural Areas. Significant Natural Areas consist of the 95 NJDEP Natural Heritage Priority Sites, including habitat for documented threatened and endangered plant species, and lands that include unique or regionally significant ecological communities and other significant natural sites and features.
(3) 
Vernal pools. Areas designated as Vernal Pools consist of NJDEP-certified vernal pools plus a one-thousand-foot wide protection buffer surrounding the perimeter of each such pool. Vernal Pools consist of confined, ephemeral wet depressions that support distinctive, and often endangered, species that are specially adapted to periodic extremes in water pool levels.
F. 
Carbonate Rock Areas. Carbonate Rock Areas consist of those portions of the Highlands Area that are underlain by carbonate rock, such as limestone and dolomite. Inclusion of lands within a Carbonate Rock Area does not imply the presence of karst features area-wide, but is indicative of the potential for solution of underlying carbonate rock by surface or groundwater, over time.
G. 
Prime Groundwater Recharge Areas. Prime Groundwater Recharge Areas consist of those lands having the highest groundwater recharge rates within each HUC14 subwatershed (as indicated by analysis using the GSR-32 methodology of the New Jersey Geological Survey), and that cumulatively provide 40% of the total recharge volume for the subwatershed.
H. 
Wellhead Protection Areas. Wellhead Protection Areas consist of those areas surrounding a public water system well, from which groundwater flows to the well and groundwater contamination, if it occurs, may pose a significant threat to the quality of water withdrawn from the well. Wellhead Protection Areas are composed of three tiers reflecting the time required for groundwater to flow into the well, as follows:
(1) 
Wellhead Protection Area Tier 1. That area of land within a Wellhead Protection Area (WHPA) from which the flow of groundwater to the well has a time of travel of two years.
(2) 
Wellhead Protection Area Tier 2. That area of land within a WHPA from which the flow of groundwater to the well has a time of travel of five years.
(3) 
Wellhead Protection Area Tier 3. That area of land within a WHPA from the flow of groundwater to the well has a time of travel of twelve years.
I. 
Highlands Special Environmental Zone. The Highlands Special Environmental Zone consists of lands having the highest priority ranking for preservation based on the Highlands Council Resource Assessment methodology. This assessment considers four indicators for the protection of water resources and environmentally sensitive lands, including: Forest within the Forest Resource Area, Riparian Corridor Condition High, Highlands Open Water Protection Area, and Critical Habitat. The Special Environmental Zone is located within the Highlands Conservation Priority Area and is located solely within the Preservation Area.
J. 
Agricultural Resource Area. The Agricultural Resource Area consists of those areas of the most concentrated and contiguous agricultural uses as determined based on the prevalence of active farms, contiguous farming units of 250 acres or more, and the presence of Important Farmland Soils.
K. 
Highlands historic, cultural and archaeological resources. Highlands historic, cultural and archaeological resources consist of those properties, sites and districts listed in the Highlands Historic, Cultural and Archaeological Resources Inventory. These include but are not limited to all properties listed on the New Jersey or National Register of Historic Places; all properties which have been deemed eligible for listing on the New Jersey or National Register of Historic Places; and all properties for which a formal opinion of the State Historic Preservation Office (SHPO) has been issued.
L. 
Highlands scenic resources. Highlands scenic resources consist of those properties, sites, and viewsheds listed in the Highlands Scenic Resources Inventory. These include but are not limited to national historic landmarks and publicly owned federal, state and county parks, forests, and recreation areas.
All Highlands Area Districts as set forth under §§ 101-14 through 101-16, above, including Planning and Preservation Areas, Zones and Sub-Zones, Resource Areas and Special Protection Areas, are hereby established by the designation, location and boundaries as set forth for each respectively, in the following maps, each of which is hereby declared to be a part of this Highlands Area Land Use Chapter:
A. 
Township Highlands Area, Zones, and Sub-Zones. Map entitled "Township of Holland Highlands Area, Highlands Zones and Sub-Zones," dated August 23, 2017, depicting the municipality along with delineation of the Preservation Area, Planning Area, and Highlands Zones and Sub-Zones as provided by the Highlands Council (Appendix G[1]).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Highlands Area Resource and Special Protection Areas. Series of maps depicting the Resource and Special Protection Areas listed at § 101-16A through L above, and also including related features and areas as discussed and defined in Article VI of this chapter; dated August 23, 2017 (unless otherwise specifically noted), as provided by the Highlands Council.
(1) 
"Forest Resource Area, Total Forest Area." Map depicting that portion of the Township Highlands Area designated as Forest Resource Area (pursuant to § 101-16A above) and including Total Forest Area (as defined at § 101-22); map denoted Appendix H.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
"Highlands Open Waters." Map depicting Highlands Open Waters located wholly or partially within the Township Highlands Area (pursuant to § 101-16B above); map denoted Appendix I.
(3) 
"Riparian Area." Map depicting Riparian Areas (pursuant to § 101-16C above) located within the Township Highlands Area; map denoted Appendix J.
(4) 
"Steep Slope Protection Area." Map depicting those portions of the Township Highlands Area having 5,000 square feet or more of contiguous surface area in steep slopes (pursuant to § 101-16D above); map denoted Appendix K.
(5) 
"Critical Wildlife Habitat, Significant Natural Areas, Vernal Pools." Map depicting those portions of the Township Highlands Area designated as Critical Wildlife Habitat (pursuant to § 101-16E(1) above); those portions of the Township Highlands Area designated as Significant Natural Areas (pursuant to § 101-16E(2) above); and Vernal Pool locations (by center-point only, non-delineated), including representative Vernal Pool Buffers (1,000 feet from center point), located within the Township Highlands Area (pursuant to § 101-16E(3) above); map denoted Appendix L.
(6) 
"Carbonate Rock Area, Prime Groundwater Recharge Area, Wellhead Protection Areas." Map depicting those portions of the Township Highlands Area designated as Carbonate Rock Areas (pursuant to § 101-16F above); those portions of the Township Highlands Area designated as Prime Groundwater Recharge Areas (pursuant to § 101-16G above); and the location of public water system wells within the Township Highlands Area and the associated wellhead protection tiers surrounding them (pursuant to § 101-16H above); map denoted Appendix M.
(7) 
"Highlands Special Environmental Zone, Agricultural Resource Area." Map depicting those lands of the Township Highlands Area designated by the Highlands Council as Highlands Special Environmental Zone (pursuant to § 101-16I above); and those lands of the Township Highlands Area designated as Agricultural Resource Area (pursuant to § 101-16J above); map denoted Appendix N.
(8) 
"Highlands Historic, Cultural and Archaeological Resources, Highlands Scenic Resources." Map depicting properties located within the Township Highlands Area that are listed in the Highlands Historic, Cultural, and Archaeological Resources Inventory (pursuant to § 101-16K above); and properties located within the Township Highlands Area that are listed in the Highlands Scenic Resources Inventory (pursuant to § 101-16L above); map denoted Appendix O.
All Highlands Area District maps, as set forth at § 101-17 above, have been developed by the Highlands Council using Geographic Information System (GIS) digital data. The provisions herein shall apply to the interpretation and use of Highlands Area District maps and the boundary lines they specify.
A. 
Municipal boundary lines. The Highlands Act relies upon municipal boundary lines to designate the limits of the Highlands Region. The Highlands Council dataset establishing municipal boundary lines was created by dissolving parcel level polygons (GIS) for each of the 88 municipalities within New Jersey Highlands. Parcels from the following counties have a general accuracy of plus or minus five feet: Bergen, Passaic, Somerset, Sussex, and Warren. Data from Hunterdon and Morris were provided by the counties and may have a different accuracy level. This dataset is for representative purposes only. Where the specific delineation of any municipal boundary line comes into question, municipal information such as metes and bounds surveys shall be relied upon for any final determination.
B. 
Township Highlands Area.
(1) 
The Highlands Area, Highlands Zones and Sub-Zones map (§ 101-17A, above) provides the Highlands Preservation Area Boundary as described by the Highlands Act (N.J.S.A. 13:20-7a). To digitize the survey description, the Highlands Council used the Highlands Parcel Base, the NJDEP Hydrographic Layer for 2002, and the NJDOT Local Road Files from 2005 as references. In accordance with the Highlands Act, any natural geographical feature, including a river, stream or brook, used in the boundary description of the Preservation Area is considered to lie totally within the Preservation Area, while any road, railroad or railroad right-of-way is considered to lie totally outside of the Preservation Area. The use of property block and lot designations include or exclude property from the Preservation Area, as described. Where a survey gore exists between a property boundary depicted upon a municipal tax map and the limits of a surveyed property noted in the Preservation Area description, the surveyed property boundary description is considered to constitute the Preservation Area boundary.
(2) 
Additionally, the Preservation Area does not include land located within the boundaries of any regional center or town center designated by the State Planning Commission pursuant to the State Planning Act, P.L. 1985, c.398 (N.J.S.A. 52:18A-196 et al.) as of the date of enactment of the Highlands Act, except to the extent necessary as set forth in the boundary description of the Preservation Area to reflect appropriate and nearest practicable, on-the-ground, and easily identified reference points.
C. 
Highlands Zones, Sub-Zones, Resource Areas, Special Protection Areas. The boundaries delineated for all Highlands Zones, Sub-Zones, Resource Areas, and Special Protection Areas were developed by the Highlands Council based on the factors noted in the description of each, above. Further discussion is provided in the Township Environmental Resource Inventory and in the Highlands Element of the Township Master Plan.
D. 
Mapping conflicts. In the event of a conflict concerning the location of any Highlands District boundary line, the delineations provided by the Highlands Council as adopted herein shall be determinative. Modifications may be requested of the Highlands Council through submittal of an RMP update, map adjustment, or Highlands center designation in such manner as required by the Highlands Council, or as specifically provided otherwise in this chapter. In the event of any conflict concerning the Preservation Area boundary line, the metes and bounds description provided by the Highlands Act shall govern, with any discrepancy or dispute residing under the shared jurisdiction of the Highlands Council and the NJDEP. In the event of a conflict concerning the delineation of any parcel plotted by the Highlands Council using GIS software, a current property survey shall be determinative.