A.
Findings. 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.
B.
Total Forest Area. All portions of the Highlands Area identified by the Highlands Council as containing forest (as defined at § 101-13) appear as Total Forest Area in the map titled "Forest Resource Area, Total Forest Area" (Appendix H), adopted and incorporated as a component of this chapter pursuant to § 101-17, above. The Total Forest Area includes forested portions of lands designated as Forest Resource Area, as provided at § 101-16A, above.
C.
Clear-cutting prohibited. 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: Said appendix is included as an attachment to this chapter.
D.
Standards. Any forest disturbance (as defined at § 101-13) 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:
(1)
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 chapter;
(2)
Incorporation of low-impact development techniques (see § 101-34) appropriate to the activity or development project proposed;
(3)
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
(4)
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.
E.
Forest impact reports required. 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 § 101-22D above, shall be accompanied by a forest impact report containing, at minimum, the items listed in this subsection.
(1)
All forest impact reports.
(a)
A map of upland forest area located on or within 500 feet of the subject property, as determined in accordance with Appendix A. A map indicating any on-site areas designated as Forest Resource Area or Total Forest (Appendix H). 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.
(b)
A description of the nature, density and intensity of the proposed use or activity.
(c)
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.
(d)
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.
(e)
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.
(f)
If the applicant proposes site-specific forest information that differs from mapped forest resources in Appendix H, including information based on the method in Appendix Z, 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.
(g)
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.
(2)
Deforestation impact reports. In addition to the items required above for all Forest Impact Reports, any application proposing disturbance that by definition (see § 101-13), constitutes deforestation, shall include:
(a)
A description of the area surrounding the subject property within a half-mile radius.
(b)
A map of all forest resources, as described in the Environmental Resources Inventory, within a half-mile radius of the property, including any areas designated as Forest Resource Area or Total Forest (Appendix H). Highlands Council Interactive Website mappings may be utilized to address this requirement in the event the affected land area extends into adjoining municipalities.
(c)
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.
(d)
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 surround forested lands, and the survey method.
(e)
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.
F.
Forest Mitigation Plans. 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.
(1)
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:
(2)
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.
(3)
Forest Protection Plan. A plan incorporating pre-construction 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 drip line 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.
(4)
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.
(5)
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.
(6)
Maintenance agreement. A minimum three-year maintenance agreement that outlines care-taking 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 75% survival rate after three years.