Nothing in this chapter shall be construed to waive, obviate, modify or otherwise exempt any covered development project, or any person proposing or involved in such project, from the applicable provisions of the municipal ordinances and any other regulations adopted consistent with the Fair Housing Act to ensure opportunity for low- and moderate-income housing. Neither shall the provisions of this chapter be construed to waive or exempt projects that include such housing, from adherence to the requirements of this chapter. Regulations applicable to the provision of low- and moderate-income housing in the municipality may be found in Chapter 42, Affordable Housing, §§ 42-1 through 42-26.
A.
Applicability. The following provisions shall apply to all development
applications involving property in the Highlands Area, whether in
the Preservation Area or the Planning Area.
B.
Standards.
(1)
Applicants shall demonstrate that the project design process incorporates
conservation design planning, including the following steps:
(a)
Preparation of an existing features and site analysis plan,
including identification of Highlands Area resources and Resource
Areas;
(b)
Evaluation of site context through identification of the physical
and community character of the surrounding area;
(c)
Selection of open space conservation areas, where applicable,
that maximize the retention of resource values, provide connections
to existing trails, open spaces or greenways, and incorporate natural
features and characteristics as site amenities;
(d)
Establishment of development yield (e.g., residential, retail, office) and apportionment of septic system yield, net water availability, and water supply and sewer utility availability, as applicable, and in keeping with all density and intensity requirements of § 101-21, above;
(e)
Lay out of building lots, if applicable, and incorporation of
low-impact development design techniques for site design, stormwater
management and resource protection; and
(f)
Incorporation of resource standards and smart growth guidelines.
(2)
Development applications must achieve stormwater management in compliance with § 101-36, below, including the municipal stormwater management ordinance established in compliance with the municipal stormwater NJPDES permit under N.J.A.C. 7:14A and 7:8, and all applicable NJDEP standards and requirements.
(3)
Relief from the strict application of the provisions of the underlying
municipal Land Use Ordinance applicable to site design shall be considered
where necessary to provide for incorporation of smart growth principles
and low-impact development techniques such as use of shared parking
and driveway areas, biofiltration swales, rainwater capture and reuse,
and reduced road or driveway widths. Where such deviations will minimize
or eliminate adverse impacts to Highlands natural resources, these
benefits shall be given significant weight in the analysis of approval
criteria.
(4)
The site preparation plan shall limit clearing, grading and soil
compaction to the minimum required to construct the project in accordance
with the approved plans, inclusive of area for construction equipment
maneuvering, while ensuring protection of mature trees and habitat
outside of the site development area.
(5)
Landscaping shall use native, drought-tolerant (other than where
used in rain gardens, biofiltration swales and other stormwater management
facilities), disease-resistant plants, allowing for natural landscaping
wherever feasible, and shall under no circumstances include invasive
species.
(6)
Building orientation and design shall be designed to take advantage
of microclimate conditions, to the maximum extent feasible, to maximize
solar gain for winter heating, and to minimize solar gain during high
temperature summer conditions except where desirable for the construction
of solar energy systems. Other energy-efficient features shall be
considered and incorporated into site layouts and buildings, as appropriate.
(7)
The applicant shall ensure reuse and recycling of building materials,
to the extent possible, when development involves demolition.
(8)
All low-impact development features shall be maintained through a
monitoring and maintenance plan, with procedures for replacing such
features as necessary.
A.
Applicability. In the event that a conservation restriction is required
to effectuate the purposes of this chapter, the provisions of this
section shall apply. Nothing herein shall be construed to preclude
the imposition of conservation restrictions in the case of Highlands
Resources, Resource Areas, or Special Protection Areas, where the
reviewing Board or other applicable authority finds that such restrictions
are necessary to protect the particular resource(s) at issue, or to
ensure the public health, safety, or general welfare of the community.
B.
Standards. Conservation restrictions shall be designed to protect the Highlands Resources, Highlands Resource Areas, or Special Protection Areas existing (or as remaining after an authorized disturbance) on the subject property in accordance with the requirements that follow. Any such restrictions shall be so drawn and described as to permit the future use of any underutilized portion of either, the disturbed area coverage allowance or the impervious surface area allowance, as provided for exclusions pursuant to § 101-8, above.
(1)
The conservation restriction shall run with the land on which the
approved project is located, shall apply to all lots subdivided from
that land and sold or transferred to other persons, and shall be binding
upon the landowner and his or her successors in interest. To ensure
that notice of the conservation restriction is provided to all present
and future interested parties, the landowner or contract purchaser
receiving the approval shall:
(a)
Record the conservation restriction(s) in the office of the
County Clerk or Register, as applicable prior to commencement of any
work authorized under the approval; and
(b)
Ensure that a copy of the conservation restriction is provided
to the Highlands Council and to the Municipal Clerk with a request
that it be placed in the file for the lot containing the approved
project.
(2)
The conservation restriction(s) shall describe and include all regulated
features on the property, including any required mitigation. The proposed
easement(s) shall be depicted in the proposed plans, inclusive in
the case of major site plans and major subdivisions, of plan notes
specifying the location and construction of clear and permanent on-site
monuments, such as concrete posts, designed to minimize the need for
land clearing and avoid obstruction of wildlife movement.
(3)
The conservation restriction shall include either:
(a)
A survey and a metes and bounds description of the entire restricted
area; or
(b)
A parcel plan showing the survey boundary lines to the full extent of the subject property, and indicating the limits of the existing disturbance area, any additionally approved disturbance area, and of any area excluded pursuant to § 101-8, with the indication that no further development or disturbance shall be permitted; or
(c)
In the case of no proposed encroachment upon Highlands Resources
or Areas, and availability of Highlands Council GIS mappings for all
such Resources and Areas present upon the property, copies of all
such mappings applicable to the parcel.
(4)
In the case of preserved farmland or dedicated open space, the conservation
restriction shall be enforceable by the Highlands Council and the
municipality, and at least one of the following, as appropriate: the
SADC or CADB, the NJDEP Green Acres Program, or a qualified nonprofit
land trust organization. All such easements shall require periodic
monitoring to ensure that on-going land use and management practices
remain protective of the subject resources.
(5)
All other conservation restrictions shall be enforceable by the municipality
and, for Planning Area lands, by the Highlands Council, and for Preservation
Area lands, the NJDEP and the Highlands Council.
(6)
The language to be included in the conservation restriction shall
be reviewed and approved by the Municipal or Board Attorney, as applicable.
A.
Applicability. The provisions of this section shall apply to any
development application involving property in the Preservation Area
or the Planning Area, with the exception of any application requiring
NJDEP issuance of an HPAA for Major Highlands Development in the Preservation
Area.
B.
Standards.
(1)
Carbonate Rock Areas. Stormwater management plans shall be provided in connection with any application proposing development within a Carbonate Rock Area. Such plans shall be in full compliance with the provisions of § 101-26 above, and shall be approved only upon demonstration that potential hazards to public health and safety, structures and groundwater quality due to concentrated surface water flows that dissolve carbonate rock have been eliminated or otherwise addressed to the satisfaction of the reviewing engineer (or qualified professional). Development plans must indicate the means and methods by which such discharge shall be mitigated, with the maximum emphasis on use of nonstructural measures and avoidance of modifications to carbonate rock features.
(2)
Beneficial stormwater reuse. Development applications involving water
demands for recreational uses, nonagricultural irrigation, and other
nonpotable uses shall demonstrate maximum practical stormwater reuse
to minimize both the volume of stormwater discharges and the water
demand sought for such purposes.
(3)
Regional stormwater plans. The stormwater management aspects of any
development plan shall comply with all applicable components of any
regional stormwater management plans adopted by NJDEP pursuant to
N.J.A.C. 7:8 and N.J.A.C. 7:15.
(4)
Total Maximum Daily Loads (TMDLs). Applications shall be designed
in compliance with any TMDL adopted by NJDEP (pursuant to N.J.A.C.
7:15) that has also been adopted by the municipality in compliance
with the municipal stormwater management ordinance as established
pursuant to the municipal stormwater NJPDES permit under N.J.A.C.
7:14A and 7:8.
(6)
Water quality. To the maximum extent feasible, the plan shall ensure recharge of clean stormwater rather than contaminated stormwater. Where runoff from contaminated areas is unavoidable, the applicant shall incorporate Low Impact Development (see § 101-36B(8), below) and other Best Management Practices standards to minimize the discharge of stormwater-entrained pollutants to ground and surface waters.
(8)
Low-Impact Development (LID). To the maximum extent feasible, LID
techniques shall be incorporated into the design of all development
proposals, to preserve, mimic and enhance the natural hydrologic cycle,
drainage patterns and natural land cover existing on the site, including
but not limited to:
(a)
Implementation of on-site stormwater management features that
maintain, restore and enhance the preexisting natural drainage patterns
of the site;
(b)
Achievement of an on-site stormwater capture performance standard
of 80% for average annual precipitation, using low-impact development
design techniques preferentially, and structural stormwater measures
only to the extent necessary;
(c)
Limitations on the amount of impervious cover on a site as a
means to protect and increase stormwater infiltration and reduce stormwater
runoff;
(d)
Use of a "design with nature" approach where natural features
are used or enhanced to achieve management of runoff volume, rate
and quality of stormwater;
(e)
Use of grass channels, dry swales, wet swales, infiltration
basins, bio-swales and water gardens, green roofs, and other low-impact
approaches to attenuate and control stormwater and provide multiple
environmental benefits; and
(g)
Integration of stormwater management design features with public
spaces, existing and proposed landscape features, and buffers, to
the extent applicable.
A.
Findings. Lands within the Highlands Special Environmental Zone are
those having the highest priority ranking for preservation based on
the Highlands Council Resource Assessment. This assessment considers
five 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. Preservation of these lands is vital to:
(1)
Protecting Highlands Area water resources and environmentally sensitive
lands;
(2)
Protecting water supply reservoirs and other critical water features;
(3)
Creating large contiguous areas of environmentally sensitive lands;
(4)
Creating habitat corridors; and
(5)
Connecting existing preserved open space.
B.
Applicability. The provisions of this section shall apply to any
development application involving property which is located within
the Special Environmental Zone (Appendix N[1]). These provisions apply solely to the Preservation Area,
in which the Special Environmental Zone is fully located.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
NJDEP approval required. Any development application involving a
lot or lots located, or partially located within the Special Environmental
Zone shall be approved only where authorized by, or conditioned upon,
issuance of an HPAA with waiver from the NJDEP.
The requirements herein apply to proposed development activities
reliant upon installation of individual subsurface septic disposal
systems, regarding the proper operation, design, development, monitoring,
placement and maintenance of septic systems.
A.
The design of septic systems shall be in compliance with the Standards
for Individual Subsurface Sewage Disposal Systems at N.J.A.C. 7:9A
and any applicable Board of Health Ordinance and shall be subject
to approval of the Board of Health.
B.
All applications shall demonstrate that the proposed plan incorporates
the applicable requirements of N.J.A.C. 7:9A with respect to soils
suitability, location, size, and separation distances.
C.
All applications proposing new septic systems shall incorporate reserve
septic system disposal areas for each septic system, which are sufficient
with respect to soils suitability, location and size to meet the requirements
of N.J.A.C. 7:9A, to ensure the long-term viability of septic systems
in new development.
D.
Any application proposing a new septic system (or systems) shall
be conditioned upon filing of a deed restriction(s) or deed notice(s)
protecting the delineated location(s) of the reserve septic system
disposal field(s), prohibiting the placement thereon of any permanent
structure(s), preserving the area (and its soils) for future installation
of a replacement disposal field, and requiring that it be shown on
all plans and referenced within any future applications for permits
or improvements to the property.
E.
All new individual septic disposal systems shall be subject to any
applicable septic system management and maintenance requirements of
the Board of Health, including those established in the Board of Health
Ordinance and in compliance with the standards for septic system maintenance
in the Water Quality Management Planning Rules, N.J.A.C. 7:15.
F.
The application shall demonstrate compliance with any other Board
of Health ordinances to achieve the maintenance of existing and new
septic systems.
G.
New development proposing to use septic systems shall be designed
in a manner that ensures that untreated well water meets state drinking
water quality standards for nonnatural contaminants and minimizes
the risk of well contamination due to the flow of septic systems plumes
within or between developed lots, addressing general background water
quality and flow patterns, major fracture systems and other appropriate
geological, geophysical and hydrogeological issues.
The creation or expansion of any public water system, as permitted in the Existing Community Zone of the Planning Area (pursuant to § 101-21G, above) shall comply with the following requirements:
A.
Estimation of need. Development water supply demands shall be calculated
based on maximum summer month demand and on annual average demand
using demand factors in N.J.A.C. 7:10, "Safe Drinking Water Regulations."
The creation or expansion of any wastewater collection and treatment system, as permitted in the Existing Community Zone of the Planning Area (pursuant to § 101-21G, above), shall comply with the following requirements:
A.
WQMP consistency. The proposed system shall be consistent with the
relevant Areawide Water Quality Management Plan adopted by NJDEP pursuant
to N.J.A.C. 7:15.
B.
Prohibitions. Expansion of sewer service areas shall not be permitted
for existing wastewater collection and treatment systems that are
noncompliant with NJPDES permit requirements for effluent quality.
C.
Estimation of need. Development wastewater demands shall be calculated
based on maximum three-month demand and on annual average demand using
demand factors in N.J.A.C. 7:14A or N.J.A.C. 7:9A as appropriate.
