[Ord. No. 2016-020 § 1]
This article shall apply to any application for development
involving lands located within (or partially within) the Township
Highlands Area (as illustrated in Exhibit 1, "Township of Bedminster
Highlands Preservation Area") that seeks approval of a site plan,
subdivision, or change in use, where approval of such Application
would:
a.
For residential development, create three or more dwelling units;
b.
For non-residential development:
1.
Result in the ultimate disturbance of one acre or more of land;
2.
Produce a cumulative impervious surface area of one-quarter (1/4)
acre, or more; or
3.
Introduce or expand on any of the following land uses/facilities:
(a)
Landfills;
(b)
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills;
(c)
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials;
(d)
Industrial treatment facility lagoons; or
(e)
Any Major or Minor Potential Contaminant Source (as identified in Appendix A and Appendix B of this article, respectively) on lands located within two hundred (200') feet of the wellhead of any public community well or public non-community well, as these are defined at Section 13-1506 below.[2]
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All thresholds in paragraphs a and b, above, shall be interpreted
to apply cumulatively over time, beginning as of the effective date
of this article.[3]If or when any one of the thresholds is reached, the article shall apply to any and all development in excess of that threshold. Where an application proposes a mixed use, the thresholds in paragraph b, for non-residential development shall apply to the whole of the project, while that in paragraph a, shall apply to the residential component. For purposes of this article, the phrases "Application for Development," "Highlands Area," "residential development," "ultimate disturbance," and "cumulative impervious surface area" shall be defined as provided at Section 13-1506 below.
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[2]
Editor's Note: Appendix A and Appendix B may be found attached to this chapter.
[1]
Editor's Note: Exhibit 1, Township of Bedminster Highlands Preservation Area, may be found attached to this chapter.
[Ord. No. 2016-020 § 2]
a.
Consistency Determinations Required. No application for development included in Section 13-1501 above, shall be deemed complete or considered for review by the applicable Land Use Board until and unless the applicant has obtained and provided a copy of:
1.
A Consistency Determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
2.
A Consistency Determination from the Highlands Council indicating
that the application is not consistent with the Highlands Regional
Master Plan, accompanied by a certification, as detailed in paragraph
b below.
b.
Findings of Inconsistency. Where a Highlands Council Consistency
Determination indicates that an application for development is inconsistent
with the Highlands Regional Master Plan, no such application shall
be deemed complete or considered for review by the applicable Land
Use Board, until or unless the applicant has obtained from the professional(s)
responsible for preparation of the applicant's plans, a certification
indicating that to the best of the knowledge and abilities of such
professional(s), the application has, since review by the Highlands
Council, been revised to achieve consistency with the Highlands Regional
Master Plan, and specifically describing the revisions made to achieve
such consistency.
c.
Checklist Waiver. The Township may issue a waiver from the provisions
of this section where it can be established by the applicant and can
be verified by the designated representative(s) of the Township that:
1.
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act (see Section 13-1505b, below), but eligibility for an exemption has been sufficiently established by the applicant; or
2.
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands Resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
d.
Highlands Council Call-Up. All municipal waivers or findings of application
completeness issued pursuant to this section shall be issued in writing,
inclusive of a statement indicating the rationale for the determination.
All such determinations shall be subject to Highlands Council call-up
review, and shall include conditions requiring same consistent with
this paragraph. The municipality shall within five calendar days of
issuance of all such determinations, provide a copy of the decision
to the applicant and to the Highlands Council. The Highlands Council
call-up review period shall expire 15 calendar days following its
receipt of same. Upon determining to exercise this authority for call-up
review, the Highlands Council shall transmit notice to the applicant
and the municipality. Absent any such notification from the Highlands
Council within that timeframe, the application shall be considered
complete, with the date of the waiver or finding of application completeness
to be as of the date of first issuance by the municipality.
[Ord. No. 2016-020 § 3]
The provisions of this article shall apply in addition to all
requirements concerning public notice for applications for development
as provided under the MLUL and required pursuant to the underlying
municipal land use ordinances.
a.
Notice to Highlands Council of Application for Development. The applicant
for any application for development shall provide notice to the Highlands
Council at least 10 days prior to the date on which the application
is scheduled for consideration by the local Board. A copy of the complete
application shall accompany such notice regarding any application
for development involving the potential disturbance of two acres,
or more, or a cumulative increase in impervious coverage of one acre,
or more. The applicant shall provide copies of any subsequent revisions
to such applications to the Highlands Council at the same time these
are provided to the reviewing Board. If such plans or plats have been
prepared in digital form, they shall be provided to the Highlands
Council in a digital format that meets Highlands Council standards
for such submissions.
b.
Notice of Decision Required. The reviewing Board shall provide a
certified copy of the fully-executed resolution memorializing its
final decision regarding any application for development to the Highlands
Council within 10 days of its adoption. This provision shall apply
in all cases, whether the Board approves the application for development,
denies it, or approves it with conditions.
[Ord. No. 2016-020 § 4]
All Board decisions pertaining to applications for development
involving the ultimate disturbance of two acres or more of land or
a cumulative increase in impervious surface by one acre or more, are
subject to call-up and subsequent review by the Highlands Council
in accordance with procedural requirements and timeframes established
pursuant to the Highlands Act. The Highlands Council may, on notice
to the applicant within 15 calendar days of receipt of the memorializing
resolution of the reviewing Board, review and require a public hearing
on the application. In that case, subsequent to the hearing the Highlands
Council may approve the application for development, deny it, or issue
an approval with conditions.
The following conditions of approval shall be attached to any
application for development approved pursuant to the MLUL which involves
lands within or partially within the Highlands Preservation Area.
a.
No Land Disturbance. No land disturbance approved in connection with
an application for development involving the ultimate disturbance
of two acres or more of land or a cumulative increase in impervious
surface by one acre or more, shall occur until and unless, either:
1.
The Highlands Council call-up period has expired without issuance
of a notice seeking review of the application by the Highlands Council;
or
2.
The Highlands Council has issued notice, and has reviewed the approval
pursuant to N.J.S.A. 13:20-17(a)1 and has determined not to deny or
modify the approval.
b.
Amendments. In the event that Highlands Council review of an approved
application for development pursuant to this article results in a
finding that the plans must be modified, the applicant shall amend
the application accordingly and submit the amended application to
the reviewing Board for approval. Such submissions shall include the
written findings and notice of decision of the Highlands Council and
any subsequent approval by the Land Use Board shall incorporate any
conditions imposed by the Highlands Council.
c.
Approvals Conditioned on State Approvals. All approvals shall be
subject to the approval of any and all State agencies or other authorities
having jurisdiction over any aspect or aspects of the approved application
for development.
d.
As-Built Surveys Required. Prior to issuance of any final certificate
of occupancy or approval, or to the release of any performance bonding
held in relation to the approved application for development, the
applicant shall provide an "as-built" survey depicting the final site
conditions.
e.
Submission of Final Plans/Plats to Highlands Council. The applicant
shall provide a copy of any final site plan or subdivision plat to
the Highlands Council. If such plans or plats have been prepared in
digital form, they shall be provided to the Highlands Council in a
digital format that meets Highlands Council standards for such submissions
in lieu of copies printed on paper.
[Ord. No. 2016-020 § 5]
a.
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this article:
1.
The reconstruction, within the same footprint, of any building or
other structure lawfully existing as of the effective date of this
article, in the event of its destruction or partial destruction by
fire, storm, natural disaster, or any other unintended circumstance.
2.
Any improvement or alteration to a building or other structure lawfully
existing as of the effective date of this article, 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.
3.
Any agricultural or horticultural use or development that would not
result in either:
(a)
An increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% to the total land area of a Farm Management Unit. Solar panels shall not be included in any calculation of agricultural impervious cover (all terms as defined in Section 13-1506, below); or
(b)
Construction of three or more residential dwelling units (including
accessory dwelling units) served by individual on-site septic system(s).
b.
Exemptions. Any activity, improvement or development project listed
and demonstrated to constitute a Highlands Act exemption shall be
exempt from the provisions of this article. Formal demonstration of
a Highlands Act exemption for an application for development involving
lands located (or partially located) in the Preservation Area shall
consist of one of the following:
1.
State Agency Determination. State Agency Determinations shall consist
of a Highlands Applicability Determination (HAD) issued by the NJDEP
indicating that the proposal qualifies as a Highlands Act Exemption.
2.
Municipal Determination. Pursuant to Township Ordinance No. 2016-021,[1] entitled "Township of Bedminster Highlands Area Exemption
Ordinance," effective as of December 22, 2016, for any application
under this article involving Highlands Act Exemptions #4, #6, #7,
or #8, the applicant may request and shall be deemed to have satisfied
the evidentiary requirement by obtaining a Municipal Exemption Determination
issued by the Municipal Exemption Designee, provided such Determination
indicates that the proposal qualifies as a Highlands Act Exemption.
The applicant may rely upon the findings of a Municipal Exemption
Determination to the same extent and with the same protections as
would apply in the case of a HAD issued by the NJDEP.
[Ord. No. 2016-020 § 6]
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean construction for the purposes of supporting common
farmsite activities, including but not limited to, the production,
harvesting, storage, grading, packaging, processing, and the wholesale
and retail marketing of crops, plants, animals, and other related
commodities and the use and application of techniques and methods
of soil preparation and management, fertilization, weed, disease,
and pest control, disposal of farm waste, irrigation, drainage and
water management, and grazing.
Shall mean the use of land for common farmsite activities,
including but not limited to, the production, harvesting, storage,
grading, packaging, processing, and the wholesale and retail marketing
of crops, plants, animals, and other related commodities and the use
and application of techniques and methods of soil preparation and
management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
Shall mean agricultural or horticultural buildings, structures
or facilities with or without flooring, residential buildings and
paved areas, but not meaning temporary coverings.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permits pursuant to section 25 or section 27
of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean the total existing or proposed area of disturbance
of a lot, parcel, or other legally designated (or otherwise legally
recognized) tract or subdivision of land, for the purpose of, and
in connection with, any human activity, property improvement, or development,
including the surface area of all buildings and structures, all impervious
surfaces, and all associated land disturbances such as excavated,
filled, and graded areas, and all lawn and landscape areas. Ultimate
disturbance shall not include areas of prior land disturbance which
at the time of evaluation: a) contain no known man-made structures
(whether above or below the surface of the ground) other than such
features as old stone rows or farm field fencing; and b) consist of
exposed rock outcroppings, or areas which, through exposure to natural
processes (such as weathering, erosion, siltation, deposition, fire,
flood, growth of trees or other vegetation) are no longer impervious
or visually obvious, or ecologically restored areas which will henceforth
be preserved as natural areas under conservation restrictions.
Shall mean a parcel or parcels of land, whether contiguous
or noncontiguous, together with agricultural or horticultural buildings,
structures and facilities, producing agricultural or horticultural
products, and operated as a single enterprise.
Shall mean the New Jersey Highlands Water Protection and
Planning Council.
Shall mean the Highlands Water Protection and Planning Act,
P.L. 2004, c.120, as amended, codified in part at N.J.S.A. 13:20-1
et seq.
Shall mean the determination made by the NJDEP of whether
a project proposed for the Preservation Area is a major Highlands
development, whether any such major Highlands development is exempt
from the Highlands Act, and whether the project is consistent with
the applicable Areawide Water Quality Management Plan.
Shall mean that portion of the municipality for which the
land use planning and regulation are in conformance with, or are intended
or proposed to be in conformance with, the Highlands Regional Master
Plan, specifically in the context of this article, the Township of
Bedminster Highlands Preservation Area.
Shall mean all that area within the boundaries of the municipalities
listed in subsection a of section 7 of the Highlands Act.
Shall mean any structure, surface, or improvement that reduces
or prevents absorption of stormwater into land, including, but not
limited to, porous paving, paver blocks, gravel, crushed stone, decks,
patios, elevated structures, and other similar structures, surfaces,
or improvements.
Shall mean the total area of all existing or proposed impervious
surfaces situated or proposed to be situated within the boundary lines
of a lot, parcel, or other legally recognized subdivision of land,
expressed either as a measure of land area such as acreage, or square
feet, or as a percentage of the total lot or parcel area.
Shall mean land uses and activities determined by the Highlands
Council to pose a major risk of ground water contamination (see Appendix
A).[1]
Shall mean land uses and activities determined by the Highlands
Council to pose a minor risk of ground water contamination (see Appendix
B).[2]
Shall mean the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
Shall mean New Jersey Department of Environmental Protection.
Shall mean the regulations established by the NJDEP to implement
requirements of the Highlands Act, titled "Highlands Water Protection
and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Shall mean lands within the Highlands Region not within the
Preservation Area (N.J.S.A. 13:20-7).
Shall mean the process by which a municipality revises the
master plan, development regulations and other regulations related
to the development and use of land to conform them with the goals,
requirements, and provisions of the Regional Master Plan in accordance
with the Highlands Plan Conformance Guidelines.
Shall mean that portion of the Highlands Region so designated
by subsection b of section 7 of the Highlands Act.
Shall mean a well that provides water to a public water system
serving at least 15 service connections used by year-round residents
or regularly serving at least 25 year-round residents.
Shall mean a well that is not a public community well and
that provides water to a public water system regularly serving at
least 25 individuals for at least 60 days in any given calendar year.
Shall mean the Highlands Regional Master Plan or any revision
thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
Shall mean an elevated panel or plate, or a canopy or array
thereof, that captures and converts solar radiation to produce power,
and includes flat plate, focusing solar collectors, or photovoltaic
solar cells and excludes the base or foundation of the panel, plate,
canopy, or array. (As defined by the Highlands Act, N.J.S.A. 13:20-1
et seq, as amended.)
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
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APPENDIX A
MAJOR POTENTIAL CONTAMINANT SOURCES
[Ord. No. 2016-020] | |
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Land uses and activities determined by the Highlands Council
(based on New Jersey Safe Drinking Water Act regulations at N.J.A.C.
7:10 and NJDEP regulations) to be Major Potential Contaminant Sources
include those listed below.
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1.
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Underground fuel and chemical storage and oil tanks regulated
by NJDEP under provisions of the Underground Storage of Hazardous
Substances Act (N.J.S.A. 58:10A-21 et seq.).
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2.
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Above-ground storage facility for a hazardous substance or waste
with a cumulative capacity greater than 2,000 gallons.
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3.
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Automotive service center (repair & maintenance).
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4.
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Dry cleaning processing facility.
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5.
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Road salt storage facility.
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6.
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Cemetery.
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7.
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Highway maintenance yard.
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8.
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Truck, bus, locomotive maintenance yard.
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9.
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Site for storage and maintenance of heavy construction equipment
and materials.
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10.
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Site for storage and maintenance of equipment and materials
for landscaping, excluding household storage and maintenance of such
equipment.
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11.
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Livestock operation containing 300 or more Animal Units (AU)
[1 AU= 1000 pounds of live animal weight] as defined by the NJ Department
of Agriculture in its Criteria and Standards for Animal Waste Management,
at N.J.A.C. 2:91.
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12.
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Quarrying and/or mining facility.
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13.
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Asphalt and/or concrete manufacturing facility.
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14.
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Junkyard/auto recycling and scrap metal facility.
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15.
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Residential or agricultural motor fuel in NJDEP exempted underground
storage tanks (i.e., under 1,000 gallons).
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APPENDIX B
MINOR POTENTIAL CONTAMINANT SOURCES
[Ord. No. 2016-020] | |
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Land uses and activities determined by the Highlands Council
(based on New Jersey Safe Drinking Water Act regulations at N.J.A.C.
7:10 and NJDEP regulations) to be Minor Potential Contaminant Sources
include the following:
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1.
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Underground storage of hazardous substance or waste of less
than 50 gallons.
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2.
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Underground heating oil storage tank with a capacity of less
than 2,000 gallons.
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3.
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Sewage treatment facility regulated by a NJPDES permit granted
under N.J.A.C. 7:14A.
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4.
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Industrial waste line.
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5.
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Septic system disposal field.
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6.
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Facility requiring a ground water discharge permit issued by
the NJDEP pursuant to N.J.A.C. 7:14A et seq.
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7.
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Stormwater retention-recharge basin on an industrial property
receiving runoff from surfaces other than roof areas.
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8.
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Dry well on an industrial property receiving runoff from surfaces
other than roof areas.
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9.
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Waste oil collection, storage and recycling facility.
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10.
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Agricultural chemical bulk storage and mixing or loading facility
including crop dusting facilities.
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11.
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Above-ground storage of hazardous substance or waste in quantities
of less than 2,000 gallons.
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12.
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Livestock operation containing 8 or more Animal Units (AU) [1
AU= 1000 pounds of live animal weight] or those receiving 142 or more
tons of animal waste per year as defined by the NJ Department of Agriculture
pursuant to its Criteria and Standards for Animal Waste Management,
at N.J.A.C. 2:91.
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[1]
Editor's Note: Appendix A may be found attached to this chapter.
[2]
Editor's Note: Appendix Bmay be found attached to this chapter.
