The Highlands RMP establishes Highlands Resource Areas and Special Protection Areas, each delineated based on the existence of one or more significant Highlands resources or critical or sensitive environmental characteristics or features. The Clinton Township Master Plan incorporates each of these areas to the extent of their physical limits within the municipality, and the specific policies, goals and objectives relating to their protection as an integral component of the planning and land use policies of the municipality. In keeping with the Clinton Township Master Plan, the Highlands Resource Areas and Special Protection Areas present in the Township, including any not specifically identified in the Township's Highlands LUO, are herewith established as overlays to municipal zoning.
A.
Highlands Open Waters and buffers. All Highlands Open Waters shall include a minimum 300-foot-wide protection buffer, as measured from the edge of the Highlands Open Waters feature indicated in the Highlands Region Interactive ERI at https://www.highlandseri.com/.
(1)
No disturbances of Highlands Open Waters are permitted except where previously approved by the Highlands Council.
(2)
Highlands Open Waters buffers shall be maintained in their undisturbed or pre-existing condition, unless a disturbance is approved in accordance with following:
(a)
Where a NJDEP a Letter of Interpretation (LOI) or Highlands Resource Area Determination (HRAD) has been issued delineating the location a wetland, the boundaries of said wetland as identified shall govern. However, the buffer shall be 300 feet irrespective of the buffer identified in the LOI.
(b)
With respect to any wetlands and other Highlands Open Waters features not mapped on the Highlands Region Interactive ERI at https://www.highlandseri.com/, each shall include a 300-foot wide protection buffer measured from a delineated wetlands line described in a LOI, from a field-delineated boundary line for other features, or as indicated by a Highlands Resource Areas Determination (HRAD) issued by the NJDEP.
(c)
Any lawful pre-existing structure or improvement located within a Highlands Open Waters protection buffer area may remain and be maintained or rehabilitated, provided that the existing area of disturbance attributed to or associated with such structure or improvement shall not be increased.
(d)
Disturbances of Highlands Open Waters buffers located in the Existing Community Zone are permitted in previously disturbed areas as follows:
[1]
Agricultural and horticultural land uses. For purposes of Highlands Open Water buffer disturbances in the Existing Community Zone, existing agricultural and horticultural uses, whether or not under active management or operation, shall not be considered "previously disturbed" buffer areas with regard to uses for non-agricultural development.
[2]
Any disturbance in a previously disturbed buffer must be accompanied by the finding that there will be no net loss of functional value of the buffer. This may include the use of mitigation and restoration of the Highlands Open Water Buffer. If existing land uses create a natural or developed barrier to the buffer, then the buffer may be considered to be developable.
(e)
Disturbances of Highlands Open Waters buffers located in the Protection and Conservation Zone are permitted in previously disturbed areas but in no case shall the remaining buffer be reduced to less than 150 feet from the edge of Highlands Open Waters.
[1]
Agricultural and horticultural land uses. For purposes of Highlands Open Water buffer disturbances in the Protection and Conservation Zone, existing agricultural and horticultural uses, whether or not under active management or operation, shall not be considered "previously disturbed" buffer areas with regard to uses for non-agricultural development.
[2]
Any proposed disturbances must demonstrate full utilization of the following performance standards in the listed order, to demonstrate the necessity of an encroachment into Highlands Open Waters buffers:
B.
Riparian Area standards. Disturbance of any portion of a Highlands Riparian Area, as shown in as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/, in the Protection Zone is prohibited except for linear development, which shall be permitted only where it has been shown that there is no feasible alternative for the linear development outside of the Riparian Area.
(1)
To address the "no feasible alternative for linear development" standard, the applicant shall demonstrate that there is no other location, design or configuration for the proposed linear development that would reduce or eliminate the disturbance of Riparian Area.
(2)
For proposed linear development that would provide access to an otherwise developable lot, the applicant shall, in addition, show that:
(3)
An alternative shall not be excluded from consideration under this subsection merely because it includes or requires an area not owned by the applicant that could reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed linear development.
A.
The location, extent and type of Critical Wildlife Habitat, Certified Vernal Pools and Natural Heritage Priority Sites are those areas defined in Article XLI, Definitions, and identified by the NJDEP. Details on the areas may be found on the Highlands Council's interactive map or through the NJDEP.
B.
Critical Wildlife Habitat.
(1)
No disturbance is permitted in any Critical Wildlife Habitat as defined in Article, XLI, Definitions, except in accordance with the following:
(a)
A Critical Wildlife Habitat area may be disturbed where a Habitat Suitability Analysis conducted by a qualified professional has been submitted to the Land Use Board, which shall review and confirm findings that:
[1]
The nature of the site is such that it does not provide habitat for species of concern;
[2]
The species of concern are not present on the site during any critical part of their life cycle, do not depend upon the site for food, shelter or breeding, and the habitat or the site is either unsuitable or not critical to species' recovery in the region; or
[3]
Existing land uses present a human, natural or development barrier to the use of the site by species of concern.
(b)
Avoidance of disturbance to species of concern can be achieved through adherence to commonly accepted, species-specific timing restrictions, including but not limited limitations on the timing of tree clearing, site disturbance and project development.
(2)
Where disturbance of any Critical Wildlife Habitat has not been confirmed to be in accordance with the above standards, no disturbance shall be authorized without prior written approval of the Highlands Council.
C.
Certified vernal pools.
(1)
Certified vernal pools as regulated in this section are depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/.
(2)
No disturbance is permitted in any 300-meter buffer of a certified vernal pool.
(3)
A Critical Wildlife Habitat area may be disturbed where a Habitat Suitability Analysis conducted by a qualified professional has been submitted to the Land Use Board, which shall review and confirm findings that:
(a)
The nature of the buffer is such that it does not provide habitat for species of concern;
(b)
The species of concern are not present within the buffer during any critical part of their life cycle, do not depend upon the site for food, shelter or breeding, and the habitat or the site is either unsuitable or not critical to species' recovery in the region; or
(c)
Existing land uses create a natural or developed barrier to the use of the buffer by species of concern.
(4)
Avoidance of disturbance to species of concern can be achieved through adherence to commonly accepted, species-specific timing restrictions, including but not limited limitations on the timing of tree clearing, site disturbance and project development.
D.
No disturbance is permitted in any New Jersey Department of Environmental Protection Natural Heritage Priority Site.
Applications for development in the Township's lake management areas as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ shall be defined and regulated by the Highlands RMP.
A.
The provisions of this section shall apply to the Steep Slope Protection Area as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ and to any other portion of the Highlands Area determined to consist of 5,000 square feet or more of contiguous steep slope(s) (as defined in Article XLI, Definitions). For purposes of making such determinations, slopes shall be calculated for every two-foot contour interval over the full extent of the existing slope features, regardless of the location of property or other jurisdictional boundary lines. These provisions shall apply to all non-major Highlands development.
B.
Severely constrained and moderately constrained slopes as defined herein shall be calculated at the time of application submission and are hereby made a mandatory submission item for any application that falls under the applicability thresholds of the Township Highlands LUO.
C.
Disturbance of severely constrained and moderately constrained slopes is prohibited, with the exception of that required in connection with a linear development. Such linear development, however, shall be permitted only in the event that there is no feasible alternative for such development outside of the severely constrained or moderately constrained slopes.
D.
To address the "no feasible alternative for linear development" standard, the applicant shall demonstrate that there is no other location, design or configuration for the proposed linear development that would reduce or eliminate the disturbance of Severely Constrained or Moderately Constrained Slopes.
(1)
For proposed linear development that would provide access to an otherwise developable lot, the applicant shall, in addition, show that:
(2)
An alternative shall not be excluded from consideration under this subsection merely because it includes or requires an area not owned by the applicant that could reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed linear development.
E.
The reviewing municipal authority shall not approve any application pursuant to this subsection if, after review of the information submitted to support an approval, it finds that there is a reasonable alternative to the proposed linear development.
A.
Municipally Important Groundwater Recharge Area (MIGWRA) as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ by any regulated development is prohibited and shall be permitted only upon a finding by the reviewing board that the proposal complies with the provisions of this subsection. For the purposes of the Township's Highlands LUO, the terms "Municipally Important Ground Water Recharge Area" and "Prime Ground Water Recharge Area" may be used interchangeably as regulated by the Highlands RMP.
B.
Development shall not occur in MIGWRA unless either the entirety of the subject property is located within a Municipally Important Ground Water Recharge Area and thus cannot be avoided or the disturbance represents the only viable alternate means to avoid Critical Habitat, Highlands Open Waters buffers, Vernal Pool Buffers, Moderately Constrained Steep Slopes, or Severely Constrained Steep Slopes, to the extent that these resources are also present upon the subject property.
C.
Where total avoidance is not feasible, total recharge area disruption (i.e., alteration of natural recharge patterns or volumes) shall not exceed 15% of the MIGWRA located within the affected parcels, placed where feasible on those parts of the MIGWRA having the lowest relative recharge rates and the least potential for aquifer recharge based upon site analysis.
D.
Low Impact Development practices shall be used in the design of the development proposal to reduce total recharge disruption to the minimum feasible, within the 15% cap.
E.
Any development application involving disturbance of a MIGWRA shall be accompanied by a mitigation plan, providing for an equivalent of 125% of pre-construction recharge volumes for that portion of the MIGWRA that will be disturbed.
The Township's agricultural resource areas as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ shall be defined and regulated by the Highlands RMP.
A.
The Township's forest resource areas as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ shall be defined and regulated by the Highlands RMP.
B.
Clear-cutting prohibited. Clear-cutting is prohibited in any forested portion of the Highlands Area, whether the affected lands are delineated as Total Forest Area or Forest Resource Area, or consist of lands containing upland forest, as determined under the procedures provided in the Highlands RMP.
C.
Preservation Area standards.
(1)
Prohibitions. Any forest disturbance that by definition constitutes deforestation is prohibited within any portion of the Forest Resource Area, with the exception of that authorized under an HPAA issued by the NJDEP.
(2)
Allowances. Forest disturbance in the Forest Resource Area that does not, by definition, constitute deforestation, shall be permitted in the Preservation Area only where authorized under an HPAA-issued by the NJDEP, or where demonstrated to be the minimum required in connection with:
(a)
The maintenance of any legally preexisting use or structure, expressly excluding the expansion of such use or structure; or
(b)
Either a permitted non-major Highlands development or the expansion of any legally preexisting use or structure, where accompanied by submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of forest disturbance, protect forest areas adjacent or proximate to the disturbance area, and mitigate for loss of trees or other forest vegetation removed during the course of such disturbance.
D.
Planning Area standards. Disturbance (as defined by the Highlands RMP) of any forested portion of the Planning Area shall be permitted only upon a finding by the approving authority or other applicable municipal authority that the following requirements have been satisfactorily addressed:
(1)
Demonstration that the proposed disturbance can neither be avoided nor reduced in extent, while adequately providing for a proposed use that otherwise addresses the requirements of these regulations;
(2)
Demonstration that the proposed disturbance will not diminish the forest integrity class as indicated in the Highlands Region Interactive ERI at https://www.highlandseri.com/ of any forested areas adjacent or proximate to the location of the proposed activity;
(3)
Incorporation of low-impact development techniques in accordance with the Highlands RMP appropriate to the activity or development project proposed;
(4)
For any proposed disturbance of 1/2 acre or more, other than that associated with the maintenance of a legally preexisting use or structure (expressly excluding the expansion of any such use or structure), submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of such disturbance, protect forest areas adjacent or proximate to the disturbance area, and mitigate for loss of trees or other forest vegetation removed during the course of such disturbance; and
(5)
Notwithstanding the preceding provisions, in the case of any proposed disturbance that by definition constitutes deforestation, submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of deforestation, protect forest areas to remain, and restore or mitigate for forest area loss.
E.
Forest Mitigation Plans. All Forest Mitigation Plans must be prepared by a State of New Jersey approved forester or other qualified professional in accordance with the Highlands RMP.
A.
The Township's carbonate rock areas as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ shall be defined and regulated by the Highlands RMP.
B.
Geotechnical investigation required. Any application for development within the limits of the carbonate rock area shall be preceded by a geotechnical investigation, as provided in this subsection. No such development application shall be deemed complete or considered for review by the applicable land use board or other designated municipal authority until such time as the geotechnical investigation program described herein has been satisfactorily completed, as certified by the individual(s) designated to review and make such findings on behalf of the municipality.
C.
Carbonate rock drainage area. Applicants seeking approval of development activities in subwatersheds that drain directly to the carbonate rock area shall conduct a Phase I geological investigation.
D.
Conditions of development application approval. Where a geotechnical investigation is required in connection with a development application that will subsequently be filed with the Planning Board or Zoning Board of Adjustment, the Township Engineer shall provide recommendations to the Board concerning the application during the course of its review and decision making. For all other applications requiring a geotechnical investigation, the recommendations and requirements of the Township Engineer shall have final force and authority and shall be incorporated into any approval issued by the reviewing authority.
A.
The Township's Highlands Scenic Resources as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/shall be defined and regulated by the Highlands RMP.
B.
Referral to Highland Council required. Any development application involving a lot or lots containing a Highlands scenic resource, or which lies adjacent to any property containing or partially containing such resources, shall be neither deemed complete nor reviewed or considered by the municipal authority until or unless the proposal has been approved by the Highlands Council. Such authorization shall be in the form of a formal notification from the Executive Director of the Highlands Council, indicating by reference to specified plan drawings [including date, title, plan sheet number(s), and plan preparer] that the application has been approved by the Highlands Council and may proceed to the municipal review authority.
The Township's wellhead protection areas as depicted on the Highlands Region Interactive ERI at https://www.highlandseri.com/ shall be defined and regulated by the Highlands RMP.
A.
Nothing herein shall be deemed to apply to the replacement or repair of an existing septic system.
(1)
Preservation Area. Development proposals involving new or increased demand for septic system capacity in the Preservation Area shall be regulated in accordance with NJDEP Highlands Area Rules (N.J.A.C. 7:38).
(2)
Planning Area. All development proposing new or increased demand for septic system capacity in the Planning Area shall be regulated in accordance with this subsection. The following are gross septic density requirements and shall not modify any minimum lot size or other bulk requirements contained in the Clinton Township Land Use Regulations. Every development shall provide for a minimum acreage for each dwelling unit (or equivalent) as noted below.
(a)
Septic system density allowances.
[2]
These allowances indicate the minimum acreage required per septic system, where that system is designed for a one-family household generating a maximum flow of 300 gallons of wastewater per day. The resulting acreage shall be applied as the minimum average acreage necessary to support every 300 gallons of daily wastewater flow generated by any proposed use where the unit/square footage figures below shall be applied as 300 gallon-per-day equivalents.
(b)
Equivalent yields. The following unit/square footage figures shall be applied as 300 gallon-per-day equivalents:
[1]
Residential uses (all types, except as provided below): 1 dwelling unit.
[2]
Deed-restricted senior citizen residential units, or mobile home parks with dwelling units less than 500 square feet in size: 1.5 dwelling units.
[3]
Office and commercial uses: 2,400 square feet of floor area.
[4]
Industrial (including warehousing/distribution) uses: 18,182 square feet of floor area (excluding process wastewater flow).
[5]
Specific non-residential uses by facility type: In lieu of § 165-293A(2)(b)[3] and [4], above, 300 gallon-per-day equivalents may be computed based on the average sewage volumes provided in N.J.A.C. 7:9A-7.4.
A.
Preservation Area. New, expanded or extended public water supply systems, public wastewater collection and treatment systems, and community on-site wastewater treatment facilities are prohibited unless approved by the NJDEP in accordance with the issuance of either a Highlands Applicability Determination or a municipally issued exemption indicating that a project is exempt from the Highlands Act, or a Highlands Preservation Area Approval with waiver pursuant to N.J.A.C. 7:38.
B.
Planning Area - Protection Zone, Conservation Zone, and Environmentally-Constrained Sub-Zones. New, expanded or extended public water supply systems, public wastewater collection and treatment systems, and community on-site wastewater treatment facilities are prohibited unless approved through a waiver to address a documented threat to public health and safety.
C.
Planning Area - Existing Community Zone (excluding Environmentally-Constrained Sub-Zone) and Lake Community Sub-Zone. Expansion or creation of public water supply systems, public wastewater collection and treatment systems, and community on-site wastewater treatment facilities are permitted:
D.
Highlands Centers. Expansion or creation of public water supply systems, public wastewater collection and treatment systems, and community on-site wastewater treatment facilities are permitted:
A.
All development proposals shall incorporate, as applicable, the following water conservation measures to promote sound resource use, reduce supply deficits, and reduce the need for additional utility infrastructure:
(1)
No irrigation systems should be utilized. Where required, they must provide automatic controls based on rain sensors (or soil moisture) for all new and replacement lawn irrigation systems, as required by the electrical subcode at N.J.A.C. 5:23-3.16.
(2)
Design all non-potable irrigation water uses to ensure that only the necessary amounts of water are used to achieve optimum plant growth, to the maximum extent practicable.
(3)
Provide for internal recycling or beneficial reuse of reclaimed water in new commercial development projects, to the maximum extent practicable.
(4)
Rely on stormwater for irrigation purposes to the maximum extent practicable, including but not limited to methods recommended by the U.S. Green Building Council through its Leadership in Energy and Environmental Design (LEED) program.
(5)
Reduce water losses to the maximum extent practicable, in the rehabilitation of on-site water supply utility infrastructure, through such means as application of American Water Works Association/International Water Association water loss analysis methods (AWWA Manual M-36 or most recent version).
B.
The following shall apply for any development application proposing a new or increased use of potable or non-potable water averaging 6,000 gallons per day or more, derived from: a) any groundwater source in a Highlands Area HUC14 subwatershed, whether through a public community or non-community water supply system well, a non-public well, or an individual private well; or b) any surface water source in a Highlands Area HUC14 subwatershed that is not associated with a safe yield determined by the NJDEP through a water allocation permit.
(1)
Where a Highlands Council-approved Water Use and Conservation Management Plan has been adopted, any development application involving the use of water derived from a subwatershed(s) with a deficit net water availability as shown in the Highlands Region Interactive ERI at https://www.highlandseri.com/ shall be regulated fully in accordance with the requirements of such Plan.
(2)
No application shall be deemed complete or considered for review by the applicable Board until or unless the Highlands Council has determined that the proposed water use will not exceed the remaining Net Water Availability for the source HUC14 subwatershed(s).
A.
The portion of the Township's Highlands Area identified as Forest Area is depicted in the Highlands Region Interactive ERI at https://www.highlandseri.com/ as regulated herein.
B.
Any disturbance of more than 1/4 acre within the Total Forest Area shall be permitted only upon a finding by the reviewing board that the following requirements have been satisfactorily addressed:
(1)
Demonstration that the proposed disturbance can neither be avoided nor reduced in extent, while adequately providing for a proposed use that otherwise addresses the requirements of these regulations;
(2)
Incorporation of Low Impact Development techniques appropriate to the activity or development project proposed;
(3)
For any proposed disturbance of 1/2 acre or more, other than that associated with the maintenance of a legally pre-existing use or structure (expressly excluding the expansion of any such use or structure), submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of such disturbance, protect forest areas adjacent or proximate to the disturbance area, and mitigate for loss of trees or other forest vegetation removed during the course of such disturbance; and
(4)
Notwithstanding the preceding provisions, in the case of any proposed disturbance that by definition constitutes deforestation requires the submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of deforestation, protect forest areas to remain, and restore or mitigate for forest area loss.
C.
Forest impact report. Where disturbance of one acre or more of Forest Area as shown on the Highlands Region Interactive ERI at https://www.highlandseri.com/ is proposed, a Forest Impact Report shall be prepared, including the following:
(1)
A map of Forest Area located on or within 500 feet of the subject property, as provided in the Highlands Region Interactive ERI at https://www.highlandseri.com/.
(2)
A map indicating any Forest Area to be disturbed.
(3)
A determination by a State of New Jersey Approved Forester or other qualified professional of whether the disturbance area qualifies as a Forest under the NJDEP Highlands Area Rules, at N.J.A.C. 7:38-3.9(c). This shall be the Confirmed Forest area.
(4)
An analysis of the effects (direct and indirect) of the disturbance upon the Confirmed Forest Area.
(5)
All Forest Impact Reports must be prepared by a State of New Jersey Approved Forester or other qualified professional.
D.
Forest Mitigation Plan. Where the Forest Impact Report confirms that disturbance of one acre or more of Confirmed Forest Area will occur, a Forest Mitigation Plan shall be prepared by a State of New Jersey approved Forester or other qualified professional and must include each of the components listed herein:
(1)
Mitigation Priority Area Map. Priority Areas are forested locations within the site having the highest ecological value to be targeted for conservation, restoration, or mitigation, including such areas as:
(2)
Forest Protection Plan. A plan incorporating pre-construction and construction best management practices to ensure the well-being of forest areas adjacent or proximate to the disturbance area.
(3)
Mitigation description.
(a)
A description of the proposed forest restoration, tree planting plan or other mitigation initiative proposed to provide equivalent or enhanced forest ecosystem benefit in consideration of the extent and type of disturbance or deforestation that would result if the use or activity is approved.
(b)
A planting plan indicating the specific plantings proposed, including size, species, quantity, location, separation distances, planting details, deer and pest management protections, and maintenance plans.
(c)
A minimum five-year maintenance agreement that outlines care-taking responsibilities of the applicant once the proposed planting has been completed. The maintenance agreement must include monitoring of newly planted stands, provide for protection devices in working order for five years, and ensure a survival rate of 70% in year 1, 75% in year 2, 80% in year 3, and 85% in years four & five, plus each year <10% invasive or noxious species.