[Ord. No. 2016-021 Art.
1]
This article shall be known and cited as the " Township of Bedminster
Highlands Preservation Area Exemption Ordinance."
[Ord. No. 2016-021 Art.
1]
The purpose of this article is to set forth the procedural and
substantive requirements by which the municipality will issue Highlands
Act Exemption Determinations. Such determinations pertain only to
Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands Act Exemption
Determinations indicate whether proposed activities, improvements
or development projects affecting lands located within the Township
Highlands Area are exempt from the Highlands Water Protection and
Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.), and are
therefore exempt from the Highlands Water Protection and Planning
Council's ("Highlands Council") Regional Master Plan, the New Jersey
Department of Environmental Protection's (NJDEP) Highlands Water Protection
and Planning Act Rules ("Preservation Area Rules," N.J.A.C. 7:38-1
et seq.), and from any amendments to the Township's Master Plan, development
regulations, or other regulations adopted pursuant to the approval
of the Township's Petition for Plan Conformance by the Highlands Council.
[Ord. No. 2016-021 Art.
1]
The provisions of this article pertain to activities, improvements and development projects involving lands located within the Township Highlands Preservation Area. The Highlands Preservation Area comprises that portion of the municipality for which the applicable provisions of the Township Master Plan, land use ordinances and other pertinent regulations have been deemed by the Highlands Council to be in conformance with the Highlands Regional Master Plan (RMP) (see subsection 13-1603.1a). The provisions of this article shall not be construed to alleviate any person or entity from the provisions and requirements of any other applicable ordinances, rules, or regulations of the municipality, or from any other applicable law, regulation, or requirement of any county, state, or federal authority having jurisdiction. Nor shall the provisions of this article deprive any person or entity from seeking a Highlands exemption determination from the NJDEP.
[Ord. No. 2016-021 Art.
1]
This article is adopted under the authority of the Highlands
Act and the New Jersey Municipal Land Use Law ("MLUL", N.J.S.A. 40:55D-1
et seq.). In the Highlands Act, the Legislature identified numerous
categories of activities that are exempt from the Act, the RMP, the
Preservation Area Rules, and any amendments to a master plan, development
regulations, or other regulations adopted by a local government to
conform them with the RMP. See N.J.S.A. 13:20-28. The Legislature
granted the Highlands Council the authority to administer the plan
conformance process and to approve, reject, or approve with conditions
municipal plan conformance petitions. See N.J.S.A. 13:20-14, -15.
The Legislature, through the MLUL, granted authority to New Jersey
municipalities to govern land use and development within their borders
and, through the Highlands Act, established requirements for Highlands
municipalities to conform their land use and development regulations
with the RMP. In a July 19, 2012 Memorandum of Understanding (MOU)
between the Highlands Council and the NJDEP, the Council and the NJDEP
recognized the circumstances in which it would be appropriate for
conforming, Highlands Council-certified municipalities to make determinations
regarding specified Highlands Act exemptions.
[Ord. No. 2016-021 Art.
1]
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
such holding shall in no way affect the validity of the article as
a whole, or of any other portion thereof.
[Ord. No. 2016-021 Art.
1]
This article shall take effect after final passage and publication
in the manner required by law.
[Ord. No. 2016-021 Art.
2]
Terms used in the body of this article which are defined by
the Highlands Act (N.J.S.A. 13:20-3) are intended to have the same
definitions as provided in the Highlands Act. Unless expressly stated
to the contrary or alternately defined herein, terms which are defined
by the MLUL are intended to have the same meaning as set forth in
the MLUL. For purposes of this article, the terms "shall" and "must"
are indicative of a mandatory action or requirement while the word
"may" is permissive.
[Ord. No. 2016-021 Art.
2]
For purposes of this article the following definitions shall
apply:
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. (N.J.S.A. 13:20-3.)
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.
(N.J.S.A. 13:20-3.)
Shall mean agricultural or horticultural buildings, structures
or facilities with or without flooring, residential buildings and
paved areas, but not meaning temporary coverings. (N.J.S.A. 13:20-3.)
Shall mean any entity applying to the Board of Health, Land
Use Board, Zoning Board of Adjustment, Zoning Officer, Construction
Official or other applicable authority of the municipality for permission
or approval to engage in an activity that is regulated by the provisions
of this article.
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 permit pursuant to section 25 or section 27 of
P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
Shall mean used interchangeably with the term "Construction
permit"; see definition below.
Shall mean a permit issued pursuant to the New Jersey Uniform
Construction Code, Chapter 23 of Title 5 of the New Jersey Administrative
Code (N.J.A.C. 5:23-1 et seq.), providing authorization to begin work
subject to the conditions and requirements established under the provisions
therein.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any building or other structure,
or of any mining excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to the
MLUL. (N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4.)
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation. (N.J.S.A. 13:20-3.)
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 permit, approval, or other authorization issued
by the Department of Environmental Protection pursuant to the "Freshwater
Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.), the
"Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.),
the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.),
"The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954,
c.199 (C.58:11-23 et seq.), the "Water Quality Planning Act," P.L.1977,
c.75 (C.58:11A-1 et seq.), the "Safe Drinking Water Act," P.L.1977,
c.224 (C.58:12A-1 et seq.), or the "Flood Hazard Area Control Act,"
P.L.1962, c.19 (C.58:16A-50 et seq.). (N.J.S.A. 13:20-3.)
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. (N.J.S.A. 13:20-3.)
Shall mean a written guidance document describing the forest
resources present on a property, the landowner's management goals
and objectives, and the recommended practices or activities to be
carried out over time on the land. This tool is used to evaluate a
forest land's current state and provide a management process which,
over time, meets the landowner's objectives, while maintaining health
and vigor of the resource. Forest Management Plans are typically written
for a 10 year period. (RMP, Glossary.)
Shall mean a Farm Management Unit as defined above.
Shall mean a determination made by the NJDEP (pursuant to
N.J.A.C. 7:38-2.4) indicating 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 RMP.
Shall mean an approval issued by the NJDEP pursuant to N.J.A.C.
7:38-6 pertinent to a regulated activity in the Highlands Preservation
Area, and including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b.
Shall mean a spouse, child, parent, sibling, aunt, uncle,
niece, nephew, first cousin, grandparent, grandchild, father-in-law,
mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild,
stepbrother, stepsister, half brother, or half sister, whether the
individual is related by blood, marriage, or adoption. (N.J.S.A. 13:20-3.)
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. (N.J.S.A. 13:20-3.)
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 except as otherwise provided pursuant to subsection
a of section 30 of the Highlands Act ("Exemptions"): (1) any non-residential
development in the Preservation Area; (2) any residential development
in the Preservation Area that requires an environmental land use or
water permit [from the NJDEP, see definition above], or that results
in the ultimate disturbance of one acre or more of land or a cumulative
increase in impervious surface by one-quarter (1/4) acre or more;
(3) any activity undertaken or engaged in the Preservation Area that
is not a development but results in the ultimate disturbance of one-quarter
(1/4) acre or more of forested area or that results in a cumulative
increase in impervious surface by one-quarter (1/4) acre or more on
a lot; or (4) any capital or other project of a state entity or local
government unit in the Preservation Area that requires an environmental
land use or water permit [from the NJDEP, see definition above], or
that results in the ultimate disturbance of one acre or more of land
or a cumulative increase in impervious surface by one-quarter (1/4)
acre or more. Major Highlands Development shall not include any agricultural
or horticultural development or agricultural or horticultural use.
Solar panels shall not be included in any calculation of impervious
surface. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended.)
Shall mean for purposes of this article, all references to
the "Township Master Plan," "master plan," or "Master Plan," refer
to the municipal master plan, as defined in the MLUL (N.J.S.A. 40:55D-5),
as adopted by the Township Land Use Board.
For purposes of this article, all references to the Highlands
Regional Master Plan (RMP), shall be by use of the words "Highlands
Regional Master Plan," "Highlands RMP," "Regional Master Plan," or
"RMP."
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 that are not
located in that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b). For
purposes of this article, this terminology shall also be used to refer
to any Planning Area lands located solely within the Township.
Shall mean lands within the Highlands Region that are located
in that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b). For
purposes of this article, this terminology shall also be used to refer
to Preservation Area lands located solely within the Township.
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. (N.J.S.A. 13:20-3.)
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.
[1]
Editor's Note: Exhibit 1, Highlands Preservation Area Map, may be found attached to this chapter.
[Ord. No. 2016-021 Art.
3]
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 Township Master Plan incorporates the Highlands
Preservation Area, inclusive of the goals applicable to it, as an
integral component of the planning and land use policies of the municipality.
For purposes of this article, this Area is designated as the Township
Highlands Area. A map of the Township Highlands Area appears in Exhibit
1.
b.
Applicability Specified. This article applies specifically and solely
to lands designated as the Township Highlands Area, as delineated
in Exhibit 1.
[Ord. No. 2016-021 Art.
4]
Section 30 of the Highlands Act identifies as exempt, specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including but not limited to zoning permit applications, building permit applications, and applications for development (as defined at subsection 13-1602.2). Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township's Master Plan, development regulations, or other regulations adopted pursuant to the approval of Township's Petition for Plan Conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township pursuant to the Highlands Council's approval of Township's Petition for Plan Conformance.
Evidence that a proposed activity, improvement, or development
project qualifies as a Highlands Act Exemption may be sought in the
form of either, a State Agency Exemption Determination or a Municipal
Exemption Determination as provided at paragraphs a and b below, respectively.
a.
State Agency Exemption Determination. State Agency Exemption Determinations shall consist of a Highlands Applicability Determination issued by the NJDEP. State Agency Determinations may be requested with regard to any Highlands Act Exemption, however for applications involving any exemption not identified at subsection 13-1604.2 below, a State Agency Exemption Determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any State entity or local government unit, or for any other publicly-owned or controlled land or facility, also must request a State Agency Exemption Determination.
b.
Municipal Exemption Determination. For an application involving any of the specific exemptions listed in subsection 13-1604.2 below, the applicant may request a Municipal Exemption Determination. The applicant may rely upon the findings of a Municipal Exemption Determination to the same extent as would apply to an exemption determination issued by the NJDEP.
[Ord. No. 2016-021 Art.
4]
a.
Effective as of the date on which the municipality receives written
authorization from the Highlands Council to proceed, an applicant
may seek a Municipal Exemption Determination for the Highlands Act
Exemptions listed hereunder. [This listing will be finalized
in consultation with the municipality. The Highlands Council encourages
municipalities to incorporate all exemptions authorized for municipal
determination, as listed below. While municipalities may consider
shortening this list, the Council encourages municipalities to assume
responsibility for exemption determinations to the maximum extent
feasible, to provide ease and efficiency in processing of municipal
applications and to reduce costs to applicants. Training will be provided
for municipal officials prior to adoption and effectuation of these
provisions and on-going assistance will be available to all officials
designated with review authority.]
1.
Exemption 1. The construction of a single family dwelling, for an
individual's own use or the use of an immediate family member, on
a lot owned by the individual on the date of enactment of the Highlands
Act (August 10, 2004) or on a lot for which the individual entered
into a binding contract of sale to purchase on or before May 17, 2004.
2.
Exemption 2. The construction of a single family dwelling on a lot
in existence on the date of enactment of the Highlands Act (August
10, 2004), provided that the construction does not result in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by one-quarter (1/4) acre or more.
(a)
A Municipal Exemption Determination indicating that an applicant qualifies under Highlands Act Exemption 2 shall require approval and filing of a Deed Notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the Municipal Exemption Determination (see subsection 13-1604.4 below). Municipal Exemption Determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved Deed Notice.
3.
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 one-quarter (1/4) acre
or more. This exemption shall not apply to the reconstruction of any
agricultural or horticultural building or structure for a non-agricultural
or non-horticultural use.
(a)
For purposes of this article, 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 (1/4) 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
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)
The applicable date of lawful existence shall be August 10,
2004, the date of enactment of the Highlands Act.
4.
Exemption 5. Any improvement to a single family dwelling in existence
on the date of enactment of the Highlands Act (August 10, 2004), including
but not limited to an addition, garage, shed, driveway, porch, deck,
patio, swimming pool or septic system.
5.
Exemption 6. Any improvement, for non-residential 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.
6.
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 (C.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," C.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.
7.
Exemption 8. The construction or extension of trails with non-impervious
surfaces on publicly owned lands or on privately owned lands where
a conservation or recreational use easement has been established.
[Ord. No. 2016-021 Art.
4]
Municipal Exemption Determinations regarding Highlands Act Exemptions
shall be issued by the Township Engineer. The Exemption Designee(s)
shall be authorized to issue Municipal Exemption Determinations on
behalf of the municipality, and shall only begin to do so, after satisfactory
completion of a Highlands Council training class for which the individual(s)
has/have received formal certification from the Highlands Council.
a.
Updates to Training Certification. In the event of programmatic changes,
updated information, or modifications to procedures, updated training
certification may be required of Exemption Designees in order to maintain
qualifications for providing Municipal Exemption Determinations. The
Highlands Council will provide training modules on an as-needed basis,
to provide base training to new employees, and/or to further the expertise
of already-certified individuals. Exemption Designees and the municipalities
they serve will be advised of any need for upgraded training, which
will be provided and funded by the Highlands Council.
b.
Interim Determinations. For the duration of any period during which the municipality is without a qualified Exemption Designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act Exemption Determinations shall be referred to the NJDEP for a State Agency Determination pursuant to subsection 13-1604.1a, above.
[Ord. No. 2016-021 Art.
4]
a.
Municipal Exemption Applications. Requests for Municipal Exemption Determination shall be submitted on forms provided by the Township [insert as appropriate: e.g., Construction Department — note, model forms will be provided by the Highlands Council for this purpose, which the municipality may modify as necessary to incorporate municipal headings, contact information, application fee requirements, and submission details] and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption, appear at subsection 13-1604.8, below.
b.
Completeness Determination. The Exemption Designee shall review the
application and all accompanying materials to determine whether sufficient
information has been submitted to make a determination on the application.
In the event of a finding that the application is incomplete, the
Exemption Designee shall, within 30 calendar days of receipt, issue
such findings in writing to the applicant, indicating what information
is required to properly consider the application.
c.
Time for Determination. The Exemption Designee shall issue Municipal
Exemption Determinations within 30 calendar days of receipt of a complete
application. The Exemption Designee may consult with the NJDEP or
the Executive Director (or applicable designee) of the Highlands Council
as needed in making any exemption determination, however. In such
circumstance, the Exemption Designee shall seek such assistance within
the 30-day period and shall issue the determination within at least
10 calendar days of receiving the requested guidance. In no case shall
failure to meet this date constitute approval of the exemption.
d.
Determinations. All Municipal Exemption Determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any Municipal Exemption Determination certifying to the applicability of Highlands Act Exemptions #2 (subsection 13-1604.2) shall be contingent upon submission of proof of filing of the required Deed Notice, as set forth at subsection 13-1604.4f, below.
e.
Notice of Determination Required. The Exemption Designee shall provide
copies of all Municipal Exemption Determinations including a copy
of the full application, to the Highlands Council and to the NJDEP
within 10 business days of issuance.
f.
Deed Notice for Exemption #2. Any Municipal Exemption Determination that certifies to the applicability of Highlands Act Exemption #2 (subsection 13-1604.2 above), shall be issued conditionally, pending fulfillment of the requirement that a Deed Notice be recorded in the office of the County Clerk or Register, as applicable, indicating the extent of the exemption that has been consumed. The Deed Notice shall incorporate each of the components listed below and the applicant shall provide a copy of the filed Deed Notice to the Highlands Council within five business days of filing.
1.
Clear identification of the name(s) and address(es) of the owner(s)
in fee of the property;
2.
Designated tax block and lot number(s), street address(es), municipality
and county of location of the property;
3.
Reference to the Municipal Exemption Determination (by date, numbering
if applicable) issued and under which the Deed Notice is being filed;
4.
Description of the approved area of ultimate disturbance and the
impervious surface area, with verification that these remain below
the statutory limits;
5.
For properties of one acre or more in area, metes and bounds delineation
indicating the portion of the property for which the ultimate disturbance
has been authorized;
6.
Agreement to abide by the ultimate disturbance and impervious surface
limits imposed, any furtherance thereof rendering the Municipal Exemption
Determination null and void; and
7.
Notice that the owner(s) and subsequent owner(s) and lessees shall
cause all leases, grants, and other written transfers of interest
in the property to contain provisions expressly requiring all holders
thereof to take the property subject to the limitations therein set
forth.
[Ord. No. 2016-021 Art.
4]
A Municipal Exemption Determination may be appealed by any affected
person/entity by filing a notice of appeal within 20 calendar days
of issuance or receipt of said determination, whichever is later,
specifying the grounds therefor. Appeals must be filed with the NJDEP.
All appeals shall be copied to the Exemption Designee, who shall immediately
transmit to the NJDEP copies of the notice of appeal, the Municipal
Exemption Determination Application, and all supplemental materials
constituting the record that the Exemption Designee relied upon in
issuing the Municipal Exemption Determination. Where the Municipal
Exemption Determination deems an activity, improvement or development
project exempt, the filing of an appeal to the NJDEP shall stay all
proceedings in furtherance of its approval by the municipality.
[Ord. No. 2016-021 Art.
4]
Issuance of a Municipal Exemption Determination that certifies
to the applicability of a Highlands Act Exemption shall recognize
the applicant's exemption from the provisions of the RMP, NJDEP Preservation
Area Rules, and any municipal ordinances and requirements adopted
under the authority of the Highlands Act to achieve Highlands Plan
Conformance. The exemption is restricted solely to the extent of the
specified activity, improvement, or development project as described
in the language of the Highlands Act exemption, or to any lesser activity,
improvement, or development project as proposed and certified through
a Municipal Exemption Determination Application. Any activity, improvement,
or development project, or any part thereof, that is not specifically
listed as an exemption or exceeds the limits of an exemption, remains
subject to all of the above regulatory programs to the full extent
of the respective applicability of each. Issuance of a Highlands Exemption
Determination shall not relieve the applicant from securing all other
required federal, state, or local approvals.
[Ord. No. 2016-021 Art.
4]
[Municipalities may in their discretion determine whether
to charge application fees for Municipal Exemption Determinations,
consistent with applicable State and local requirements.]
[Ord. No. 2016-021 Art.
4]
All applications shall be accompanied by the Municipal Exemption
Determination Application Form, the applicable fees, and the information
listed below, as applicable to the particular exemption or exemption(s)
being sought by the applicant. All references to professional preparers
indicated herein shall be construed to include any and all qualified
individuals licensed, certified, or otherwise eligible and authorized
to complete such work, in accordance with the applicable laws and
legal requirements of the State of New Jersey including but not limited
to the MLUL (N.J.S.A. 40:55D-1 et seq.) and Title 13 of the New Jersey
Administrative Code, Law and Public Safety. Where the Exemption Designee
finds that any submission item is not necessary to address the evidentiary
requirements that must be satisfied for issuance of an Exemption Determination,
either because alternate items have been provided by the applicant,
or the relevant information is readily available through records,
maps, or any other documents on file in the offices of the municipality,
the Exemption Designee may waive the applicant's obligation to submit
such information.
a.
Exemption 1.
1.
A copy of a deed, closing or settlement statement, title policy,
tax record, mortgage statement or any other official document showing
that the lot was legally owned by the applicant on or before August
10, 2004 and indicating the lot and block as designated by the municipal
tax mapping, the municipality and county in which the lot is located,
and the street address;
2.
If the applicant did not own the lot, a copy of the binding contract
of sale executed by the seller and the applicant on or before May
17, 2004 for the lot on which the house is to be constructed; and
3.
A certification by the applicant stating that the single family dwelling
proposed for construction on the lot specified and described therein
by tax lot and block, municipality and county of location, and street
address, is intended for the applicant's own use or the use of an
immediate family member as identified therein by name and relationship
to the applicant.
b.
Exemption 2.
1.
A copy of the recorded deed or plat showing that the lot was created
on or before August 10, 2004 or proof of subdivision approval on or
before August 10, 2004;
2.
A property survey certified by a licensed New Jersey Professional
Land Surveyor indicating the property boundary lines and overall lot
size, and showing what structures currently exist on the lot, if any;
3.
A parcel plan certified by a licensed New Jersey Professional Engineer
showing all existing and proposed development, including all structures,
grading, clearing, impervious surface and disturbance, and including
the calculations supporting the claim that impervious surfaces and
areas of disturbance are within the limits necessary for Exemption
2; and
4.
A metes and bounds description of the area of the lot to be disturbed, limited to less than one acre and a draft conservation restriction or deed notice (pursuant to subsection 13-1604.4f, above) to cover the balance of the lot.
c.
Exemption 4.
1.
A parcel plan certified by a licensed New Jersey Professional Engineer
depicting:
(a)
All existing property improvements, including all structures,
grading, clearing, impervious surfaces and limits of disturbance,
lawfully existing on the site as of August 10, 2004; and
(b)
All proposed development including all structures, impervious
surfaces, clearing limits, and limits of disturbance, including grading;
and
2.
A copy of any official documentation of the original date of construction
of the building or otherwise establishing the lawfulness of existing
impervious surfaces.
d.
Exemption 5.
1.
A copy of any official documentation proving the single family dwelling
was in existence on August 10, 2004;
2.
A description of the proposed improvement; and
3.
A certification from the applicant that the property and all improvements
will continue to be used for single family dwelling purposes.
e.
Exemption 6.
1.
A copy of any official documentation indicating that the place of
worship, public or private school or hospital was in existence on
August 10, 2004;
2.
For improvements to a place of worship, documentation showing that
the entity, society or association, or association organized primarily
for religious purposes has non-profit status;
3.
A site plan certified by a licensed New Jersey Professional Engineer
depicting:
(a)
All existing property improvements including all structures,
grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
(b)
All proposed development including all structures, impervious
surfaces, clearing limits, and limits of disturbance, including grading.
f.
Exemption 7.
1.
For a private landowner with an approved Woodland Management Plan
or Forest Stewardship Plan:
(a)
A copy of the applicant's tax bill showing that the site has
farmland assessment tax status under the New Jersey Farmland Assessment
Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
(b)
A brief description of the total area of woodlands that is the
subject of the approved Woodland Management Plan or Forest Stewardship
Plan;
(c)
A brief description of the length of time that the area to be
managed has been in use for Woodland Management or Forest Stewardship
Plan; and
(d)
A copy of the approved Woodland Management Plan or forest stewardship
plan.
2.
For the normal harvesting of forest products in accordance with a
Forest Management Plan or Forest Stewardship Plan approved by the
State Forester:
(a)
A brief description of the total area where the normal harvesting
of forest products occurs;
(b)
A brief description of the length of time that the area to be
managed has been in use for normal harvesting of forest products;
and
(c)
A copy of a Forest Management Plan or Forest Stewardship Plan
approved by the State Forester.
g.
Exemption 8.
1.
A site plan certified by a licensed New Jersey Professional Engineer
showing the proposed trail construction with details including the
location, and width of existing and proposed trails and those off-site
trails to which they connect, if any;
2.
A written description of the non-impervious materials to be used;
and
3.
For privately owned property, a copy of a deed for the property and
the conservation or recreational use easement on the property.
