A.
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 § 200-13.2). 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, and any amendments to the Borough's master plan, development regulations, or other regulations adopted pursuant to the approval of Borough's Petition for Plan Conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Borough pursuant to the Highlands Council's approval of Borough's Petition for Plan Conformance.
B.
Where any application submitted to the municipality for approval proposes to rely upon a Highlands Act exemption, the applicant must, as a condition of application completeness, and prior to review or approval of the application by the applicable municipal authority, provide sufficient evidence that the proposed activity, improvement, or development project in fact qualifies as a Highlands Act exemption. Such evidence shall consist of either a state agency exemption determination or a municipal exemption determination (see § 200-15.1.1 or 200-15.1.2 below) indicating that the proposed activity, improvement, or development project qualifies for a Highlands Act exemption.
State agency exemption determinations shall consist of a Highlands exemption determination issued by the Highlands Council for a Planning Area proposal. State agency determinations may be requested with regard to any Highlands Act exemption, however for applications involving any exemption not identified at § 200-15.2 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.
For an application involving any of the specific exemptions listed in § 200-15.2 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 Highlands Council.
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.
A.
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 acre or more.
This exemption shall not apply to the reconstruction of any agricultural
or horticultural building or structure for a nonagricultural or nonhorticultural
use.
(1)
For purposes of this part, 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. 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).
(2)
For Planning Area determinations, the date of lawful existence
shall coincide with the effective date of the municipally adopted
Highlands Area Land Use Ordinance, which is June 23, 2011, for the
Borough of High Bridge.
B.
Exemption 6. Any improvement, for nonresidential 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.
C.
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 (N.J.S.A. 54:4-23.3) or a forest stewardship
plan approved pursuant to Section 3 of P.L. 2009, c. 256 (N.J.S.A.
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.
D.
Exemption 8. The construction or extension of trails with nonimpervious
surfaces on publicly owned lands or on privately owned lands where
a conservation or recreational use easement has been established.
[Amended 8-14-2014 by Ord. No. 2014-21B]
Municipal exemption determinations regarding Highlands Act exemptions
shall be issued by the Borough Zoning Officer and/or Planner and/or
any person who has been certified by the Highlands Council. The exemption
designees 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 individuals have received formal certification from the
Highlands Council.
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.
For the duration of any period during which the municipality is without qualified exemption designees due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the Highlands Council, for a state agency determination pursuant to § 200-15.1.1, above.
Requests for municipal exemption determination shall be submitted on forms provided by the Planning/Zoning Department 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 § 200-15.8, below.
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 14 calendar days of receipt, issue such findings
in writing to the applicant, indicating what information is required
to properly consider the application.
The exemption designee shall issue municipal exemption determinations
within 21 calendar days of receipt of a complete application. The
exemption designee may consult with 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 twenty-one-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.
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.
The exemption designee shall provide copies of all municipal
exemption determinations, including a copy of the full application,
to the Highlands Council within 10 business days of issuance.
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 Highlands
Council in the case of any Planning Area exemption. All appeals shall
be copied to the exemption designee, who shall immediately transmit
to the Highlands Council 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 Highlands Council shall
stay all proceedings in furtherance of its approval by the municipality.
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 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.
The application fee requirements of this subsection shall apply in addition to all existing fee requirements, including procedural and legal requirements, as set forth in the underlying municipal land use ordinances. The fees provided herein shall apply to applications for municipal exemption determinations pursuant to § 200-15.2 of this part.
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 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 June 23, 2011; 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.
B.
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 nonprofit 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.
C.
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.
D.
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 nonimpervious 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.
