[Ord. No. 2014-01 § 41-1.1]
This chapter shall be known and cited as the "Ringwood Highlands
Preservation Area Exemption Chapter."
[Ord. No. 2014-01 § 41-1.2]
The purpose of this chapter is to set forth the procedural and
substantive requirements by which Ringwood may issue Highlands Act
Exemption Determinations for proposed activities, improvements or
development projects within the Borough of Ringwood that are exempt
from regulation under the Highlands Act pursuant to N.J.S.A. 13:20-28
(a), subparagraphs (1), (2), (4), (5), (6), (7), or (8). Such Highlands
Act Exemption Determinations indicate whether such proposed activities,
improvements or development projects are exempt from the Highlands
Act, the Highlands Regional Master Plan (RMP), NJDEP Preservation
Area Rules and from any amendments to the Ringwood's master plan,
development regulations, or other regulations which are, or hereafter
may be, adopted pursuant to the approval of the Ringwood's Petition
for Plan Conformance by the Highlands Council.
[Ord. No. 2014-01 § 41-1.3]
The provisions of this chapter apply to activities, improvements
and development projects involving lands in the Ringwood Highlands
Preservation Area, which encompasses the entire Borough. The provisions
of this chapter shall not be construed to exempt 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 chapter deprive
any person or entity from seeking a Highlands exemption determination
from the NJDEP instead of seeking a Municipal Highlands Exemption.
[Ord. No. 2014-01 § 41-1.4]
This chapter is adopted under the authority of the Highlands
Act and the MLUL. In N.J.S.A. 13:20-28 of 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. 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. 2014-01 § 41-2.1]
Terms used in the body of this chapter 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 chapter, the terms "shall" and "must"
are indicative of a mandatory action or requirement while the word
"may" is permissive.
[Ord. No. 2014-01 § 41-2.2]
For purposes of this chapter the following definitions shall
apply:
AGRICULTURAL IMPERVIOUS COVER
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.)
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
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.)
AGRICULTURAL OR HORTICULTURAL USE
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.)
APPLICANT
Shall mean any entity applying to the Board of Health, Planning
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 chapter.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents
required by chapter for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permit pursuant to the MLUL (N.J.S.A. 40:55D-34
or N.J.S.A. 40:55D-36).
BUILDING PERMIT
Shall mean used interchangeably with the term "Construction
Permit;" see definition below.
CONSTRUCTION PERMIT
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.
DEVELOPMENT
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.)
DISTURBANCE
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.)
DISTURBANCE, ULTIMATE
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.
ENVIRONMENTAL LAND USE OR WATER PERMIT
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.)
FARM MANAGEMENT UNIT (OR FARMSITE)
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.)
FOREST MANAGEMENT PLAN
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 ten-year period. (RMP, Glossary.)
HIGHLANDS ACT
Shall mean the Highlands Water Protection and Planning Act
(N.J.S.A. 13:20-1 et seq.),
HIGHLANDS APPLICABILITY DETERMINATION
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.
HIGHLANDS AREA
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.
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
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.
IMMEDIATE FAMILY MEMBER
Shall mean 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.)
IMPERVIOUS SURFACE
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.)
IMPERVIOUS SURFACES, CUMULATIVE
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.
MAJOR HIGHLANDS DEVELOPMENT
Shall mean except as otherwise provided pursuant to subsection
a of N.J.S.A. 13:20-28 ("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, or that results in the ultimate disturbance of one acre
or more of land or a cumulative increase in impervious surface by
one-quarter 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 acre or more of forested area
or that results in a cumulative increase in impervious surface by
one-quarter 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,
or that results in the ultimate disturbance of one acre or more of
land or a cumulative increase in impervious surface by one-quarter
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.)
MASTER PLAN
Shall mean for purposes of this chapter, all references to
the "Ringwood Master Plan," "master plan," or "Master Plan," refer
to the municipal master plan, as defined in the MLUL, as adopted by
the Ringwood Planning Board.
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
Shall mean for purposes of this chapter, 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."
NJDEP
Shall mean New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
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.
PLANNING AREA
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).
PRESERVATION AREA
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 chapter, this terminology shall also be used to refer
to all lands in Ringwood unless the Highlands Act is amended to modify
the metes and bounds description of the Preservation Area insofar
as it affects Ringwood.
SOLAR PANEL
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.)
STRUCTURE
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.
[Ord. No. 2014-01 § 41-3.1]
The entire land area of Ringwood lies within the Highlands Preservation
Area as delineated in the Highlands Act and the RMP. The Master Plan
of the Borough of Ringwood 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. In the
event the Highlands Act, the RMP or the Master Plan of Ringwood is
ever modified to reduce the Preservation Area and to create a Planning
Area within the Borough of Ringwood, this chapter shall not apply
to any area designated as a Planning Area.
[Ord. No. 2014-01 § 41-3.2]
Unless and until the Highlands Act, the RMP and the Master Plan
of Ringwood are modified to specifically designate both Preservation
Area and a Planning Area in Ringwood, this chapter applies to all
lands in Ringwood.
[Ord. No. 2014-01 §§ 41-4.1
— 41-4.1.2]
N.J.S.A. 13:20-28 (Section 30 of the Highlands Act) exempts
specific activities, improvements and development projects affecting
lands within the Highlands Region. Such exempt activities, improvements
and development projects may be proposed as a component of any type
of application submitted to the municipality for approval, including
but not limited to zoning permit applications, building permit applications,
and Applications for Development. 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 Ringwood's master plan, development
regulations, or other regulations which are, or may hereafter be,
specifically adopted pursuant to the approval of Ringwood's Petition
for Plan Conformance by the Highlands Council. Such an exemption specifically
applies to any Highlands Area land use chapter adopted by Ringwood
pursuant to the Highlands Council's approval of Ringwood'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 issued by Ringwood pursuant
to this chapter.
a. State Agency Exemption Determination. A State Agency Exemption Determination
is a Highlands Applicability Determination issued by the NJDEP. Any
applicant seeking a formal exemption determination which is not eligible
for a Municipal Exemption under Section 41-4.1.2 shall proceed in
accordance with N.J.S.A. 30:20-28 and N.J.A.C. 7:38-1 et seq. A State
Exemption Determination shall also be required in the case of any
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.
b. Municipal Exemption Determination. For an application involving any of the specific exemptions listed in subsection
41-4.2, 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 a State Exemption Determination.
[Ord. No. 2014-01 §§ 41-4.2
— 41-4.2.7]
In accordance with the terms of this chapter, a Municipal Exemption
Determination may be issued by the Exemption Designee of Ringwood
for the following Highlands Act Exemptions:
a. 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 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.
b. Exemption 2. The construction of a single family dwelling on a lot
in existence on 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 acre
or more,
1. 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 41-4.4.f below). Municipal
Exemption Determinations in such instances shall not take effect until
the applicant has provided proof of filing of the approved Deed Notice.
c. 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 as of the date of the enactment of the Act, August
10, 2004, provided that the reconstruction does not increase the lawfully
existing impervious surface by one-quarter 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. 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 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.
d. Exemption 5. Any improvement to a single family dwelling in existence
on August 10, 2004, including but not limited to an addition, garage,
shed, driveway, porch, deck, patio, swimming pool or septic system.
e. 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 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.
f. 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.
g. 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. 2014-01 § 41-4.3]
Municipal Exemption Determinations shall be issued in Ringwood
only by the Construction Code Official, Borough Engineer or other
person designated by resolution of the Borough Council (an "Exemption
Designee") provided that, prior to issuance of any such Highlands
Exemption such Exemption Designee has satisfactorily completed a Highlands
Council training class for which the Exemption Designee has received
formal certification from the Highlands Council. Each such Exemption
Designee shall be required from time to time to obtain, at the cost
and expense of the Highlands Council, such updated certifications
as may be prescribed by the Highlands Council. If, at any time, the
Borough does not have an Exemption Designee who has so qualified,
a State Agency Exemption Determination shall be required for all formal
Highlands Act Exemption Determinations.
[Ord. No. 2014-01 §§ 41-4.4
— 41-4.4.6]
a. Applications. A request for a Municipal Exemption Determination shall be submitted on a form provided by the Exemption Designee and shall be accompanied by the submission materials prescribed for each exemption in Section
41-8 to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption.
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 make the application complete.
c. Time for Determination. The Exemption Designee shall issue a Municipal
Exemption Determination within 60 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 sixty-day period and shall issue the determination within at least
10 calendar days of receiving the requested guidance. Failure of the
Exemption Designee to issue a Municipal Exemption Determination within
such periods shall not constitute approval of the application therefor.
d. Determinations. Each Municipal Exemption Determination shall be 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 Exemption #2 shall be contingent
upon submission of proof of recording of the required Deed Notice,
as prescribed by paragraph f below.
e. Notice of Determination Required. The Exemption Designee shall provide
a copy of each 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
shall not be effective until a deed notice containing the information
listed below has been recorded in the office of the Passaic County
Clerk. The applicant shall provide a copy of the filed Deed Notice
to the Highlands Council within five business days of filing, indicating
the extent of the exemption that has been consumed. The deed notice
shall incorporate each of the components listed below
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 by the Municipal Exemption Determination and providing
that any increase in ultimate disturbance or impervious surface in
excess of an Exemption #2 threshold, shall render 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 set forth
in the deed notice.
[Ord. No. 2014-01 § 41-5]
A Municipal Exemption Determination may be appealed to the NJDEP
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. 2014-01 § 41-6]
A Municipal Exemption Determination issued pursuant to this
chapter 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. 2014-01 § 41-7]
A nonrefundable fee of $200 shall be paid to the Borough for
each Municipal Exemption Determination.
[Ord. No. 2014-01 § 41-8]
All applications shall be accompanied by the Municipal Exemption Determination Application Form, the applicable fees, and the information listed in subsections
41-8.1 through
41-8.7, as applicable to the particular exemption(s) being sought by the applicant. 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.
[Ord. No. 2014-01 § 41-8.1]
a. 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;
b. 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
c. 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.
[Ord. No. 2014-01 § 41-8.2]
a. 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;
b. 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;
c. 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
d. 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 41-4.4.f above) to cover the
balance of the lot.
[Ord. No. 2014-01 § 41-8.3]
a. A parcel plan certified by a licensed New Jersey Professional Engineer
depicting:
1. 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
2. All proposed development including all structures, impervious surfaces,
clearing limits, and limits of disturbance, including grading; and
b. A copy of any official documentation of the original date of construction
of the building or otherwise establishing the lawfulness of existing
impervious surfaces.
[Ord. No. 2014-01 § 41-8.4]
a. A copy of any official documentation proving the single family dwelling
was in existence on August 10, 2004;
b. A description of the proposed improvement; and
c. A certification from the applicant that the property and all improvements
will continue to be used for single family dwelling purposes.
[Ord. No. 2014-01 § 41-8.5]
a. 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;
b. 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;
c. A site plan certified by a licensed New Jersey Professional Engineer
depicting:
1. All existing property improvements including all structures, grading,
clearing, impervious surfaces and limits of disturbance, existing
on the site on August 10, 2004; and
2. All proposed development including all structures, impervious surfaces,
clearing limits, and limits of disturbance, including grading.
[Ord. No. 2014-01 § 41-8.6]
a. For a private landowner with an approved woodland management plan
or forest stewardship plan:
1. 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;
2. A brief description of the total area of woodlands that is the subject
of the approved woodland management plan or forest stewardship plan;
3. 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
4. A copy of the approved woodland management plan or forest stewardship
plan.
b. For the normal harvesting of forest products in accordance with a
forest management plan or forest stewardship plan approved by the
State Forester:
1. A brief description of the total area where the normal harvesting
of forest products occurs;
2. 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
3. A copy of a forest management plan or forest stewardship plan approved
by the State Forester.
[Ord. No. 2014-01 § 41.4.8.7]
a. 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;
b. A written description of the non-impervious materials to be used;
and
c. For privately owned property, a copy of a deed for the property and
the conservation or recreational use easement on the property.