ATTACHMENTS
Attachment 1 - Highlands Area and Highlands Land Use Capability ZonesAttachment 2 - Wellhead Protection AreasAttachment 3 - Highlands Open Waters and BuffersAttachment 4 - Highlands Riparian AreasAttachment 5 - Net Water AvailabilityAttachment 6 - Forest AreaAttachment 7 - Prime Groundwater Recharge AreasAttachment 8 - Special Environmental Zone
[Added 11-24-2025 by Ord. No. 2073]
The Township of Mahwah is located within that portion of the New Jersey Highlands Region defined by the Highlands Act as the "Planning Area" and the "Preservation Area" (see definitions). This chapter is enacted pursuant to Section 15.a. of the Highlands Water Protection and Planning Act (Highlands Act, N.J.S.A. 13:20-1 et seq.), which provides that a municipality may choose to conform its master plan, development regulations, and other regulations to the provisions of the Highlands Regional Master Plan, with respect to lands located within the Planning Area, and by ordinance, petition the New Jersey Highlands Water Protection and Planning Council (Highlands Council) for Plan Conformance approval of such planning and regulatory documents.
By adoption of this chapter, the Township Council of the Township of Mahwah establishes that Mahwah shall conform its master plan, development regulations, and all other regulations applicable to the use and development of land within the Preservation Area and Planning Area of the Township, to achieve consistency with the goals, requirements, and provisions of the Highlands Regional Master Plan. Said conformance shall be in accordance with the provisions of Highlands Council approval of the Township's Petition for Plan Conformance, which was approved by Highlands Council Resolution No. 2010-14, adopted on December 16, 2010. Further, this chapter specifically reserves the rights of Mahwah as specified by the Highlands Act, with respect to the voluntary nature of Plan Conformance for the Planning Area.
[Added 11-24-2025 by Ord. No. 2073]
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to section 25 or section 27 of P.L. 1975, c.291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
CRITICAL WILDLIFE HABITAT
Shall mean within the Planning Area, Critical Wildlife Habitat consists of those areas within NJDEP's Landscape Project Version 3.3 (or more recent version as amended) that are Landscape Rank 3 through 5. In addition, it includes areas that are designated Landscape Rank 2 and have a Highlands Conservation Rank of Critically Significant or Significant. Within the Preservation Area, Critical Wildlife Habitat consists of those areas within Landscape Rank 2 through 5, including all Highlands Conservation Ranks. Parcel level mapping may be found on the Highlands Council's "Highlands Resource Explorer" interactive map available through the Highlands Council website.
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 Municipal Land Use Law.[1]
DISTURBANCE
Shall mean the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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.
FOREST
Shall mean a biological community as determined by the method set forth under the NJDEP Highlands Rules, at N.J.A.C. 7:38-3.9.
HIGHLANDS ACT
Shall mean the Highlands Water Protection and Planning Act, P.L. 2004, c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
Shall mean the determination made by the NJDEP of whether a project proposed for the Preservation Area is a major Highlands development, whether any such major Highlands development is exempt from the Highlands Act, and whether the project is consistent with the applicable Areawide Water Quality Management Plan.
HIGHLANDS AREA
Shall mean that portion of the Township of Mahwah for which the land use planning and regulation are, or are intended or proposed to be, in conformance with the Highlands Regional Master Plan.
HIGHLANDS COUNCIL
Shall mean the New Jersey Highlands Water Protection and Planning Council.
HIGHLANDS OPEN WATERS
Shall mean all springs, streams including intermittent streams, wetlands, and bodies of surface water, whether natural or artificial, located wholly or partially within the boundaries of the Highlands Region, but not including swimming pools. Highlands Open Waters include seeps, lakes, ponds, and vernal pools; all categories (including springs, streams, and wetlands) as described and identified in Attachment 3[2] or subsequently identified or modified by a Letter of Interpretation issued by the New Jersey Department of Environmental Protection.
HIGHLANDS REGION
Shall mean all that area within the boundaries of the municipalities listed in subsection a. of section 7 of the Highlands Act.[3]
HIGHLANDS RESOURCE AREA DETERMINATION (HRAD)
Shall mean a formal determination issued by the NJDEP that confirms the presence or absence of a Highlands Resource Area on a site, and if present, its location and applicable boundary lines. A person may apply for an HRAD only, or in connection with an application for an HPAA.
HIGHLANDS SPECIAL ENVIRONMENTAL ZONE
Shall mean those areas as designated as Special Environmental Zone in the Regional Master Plan. Special Environmental Zones are only located in the Preservation Area.
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.
IMPERVIOUS SURFACE, 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 POTENTIAL CONTAMINANT SOURCES (PCS)
Shall mean land uses and activities determined by the Highlands Council to pose a major risk of ground water contamination (see § 32-6).
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
Shall mean land uses and activities determined by the Highlands Council to pose a minor risk of ground water contamination (see § 32-7).
MUNICIPAL LAND USE LAW (MLUL)
Shall mean the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NATURAL HERITAGE PRIORITY SITE
Shall mean any of the 95 NJDEP Natural Heritage Priority Sites, including habitat for documented threatened and endangered plant species, and lands that include unique or regionally significant ecological communities and other significant natural sites and features.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
NJDEP HIGHLANDS 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.
PLAN CONFORMANCE
Shall mean the process by which a municipality revises the master plan, development regulations and other regulations related to the development and use of land to conform them with the goals, requirements, and provisions of the Regional Master Plan in accordance with the Highlands Plan Conformance Procedures.
PLANNING AREA
Shall mean lands within the Highlands Region not within the Preservation Area (N.J.S.A. 13:20-7).
PRESERVATION AREA
Shall mean that portion of the Highlands Region so designated by subsection b. of section 7 of the Highlands Act.[4]
PRIME GROUNDWATER RECHARGE
Shall mean those lands designated in the Regional Master Plan as being within a HUC14 subwatershed that most efficiently provide, in the aggregate, 40 percent of total drought recharge volume for the HUC14 subwatershed.
QUALIFIED ENVIRONMENTAL PROFESSIONAL
Shall mean someone who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions.
REGIONAL MASTER PLAN (RMP)
Shall mean the Highlands Regional Master Plan or any revision thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
RESIDENTIAL DEVELOPMENT
Shall mean development dedicated to the creation of new dwelling units or the improvement or expansion of existing dwelling units, whether by new construction or conversion of existing building areas or portions thereof, to dwelling use, including any type of residential structure whether a single-family home (including group home), duplex, townhouse, apartment or any other form of multi-family housing construction. For purposes of this chapter, residential development shall include property improvements associated with and either required in support of or customarily accessory to the residential use, including but not limited to porches, patios, decks, driveways, garages, storage sheds, swimming pools, tennis courts, drywells, utility facilities, septic systems, yard grading and retaining walls.
RIPARIAN AREA
Shall mean areas adjacent to and hydrologically interconnected with Highlands Open Waters rivers and streams consisting of flood prone areas, wetlands, soils that are hydric, alluvial, or have a shallow depth to ground water, and including wildlife passage corridors within 300 feet of surface Highlands Open Waters features.
SLOPES, MODERATELY CONSTRAINED
Shall mean all forested non-Riparian Area lands having a slope of 15% to less than 20%.
SLOPES, SEVERELY CONSTRAINED
Shall mean all lands having slopes of 20% or greater and all lands within Riparian Areas having slopes of 10% and greater.
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.
VERNAL POOL
Shall mean a NJDEP-certified vernal pool plus a 300-meter-wide protection buffer surrounding the perimeter of each such pool. Vernal Pools consist of confined, ephemeral wet depressions that support distinctive, and often endangered, species that are specially adapted to periodic extremes in water pool levels.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Said attachment is included as an attachment to this chapter.
[3]
Editor's Note: See N.J.S.A. 13:20-7a.
[4]
Editor's Note: See N.J.S.A. 13:20-7b.
[Added 11-24-2025 by Ord. No. 2073]
a. 
Highlands Preservation Area and Planning Area.
1. 
In accordance with the delineation as set forth in the Highlands Act (N.J.S.A. 13:30-7) the Township of Mahway hereby establishes the Preservation Area and Planning Area of the Highlands Region.
2. 
For purposes of this chapter, these Areas shall henceforth be known and designated as the Township Highlands Area.
b. 
Highlands Land Use Capability Zones: In accordance with the Highlands RMP there are hereby established three primary Land Use Capability Zones (LUCZ) (the Protection Zone, Conservation Zone, and Existing Community Zone) and four LUCZ sub-zones (Wildlife Management Sub-Zone, Conservation Zone-Environmentally Constrained Sub-Zone, Existing Community Zone-Environmentally Constrained Sub-Zone, and Lake Community Sub-Zone).
c. 
Attachments: The following attachments are hereby adopted.[1]
1. 
Attachment 1 entitled "Highlands Area and Highlands Land Use Capability Zones" depicting the municipality along with delineation of the Highlands Area and Highlands Land Use Capability Zones;
2. 
Attachment 2 entitled "Wellhead Protection Areas";
3. 
Attachment 3 entitled "Highlands Open Waters and Buffers";
4. 
Attachment 4 entitled "Highlands Riparian Areas";
5. 
Attachment 5 entitled "Net Water Availability";
6. 
Attachment 6 entitled "Forest Areas";
7. 
Attachment 7 entitled "Prime Groundwater Recharge Areas"; and
8. 
Attachment 8 entitled "Special Environmental Zone."
[1]
Editor's Note: All attachments are included as attachments to this chapter.
[Added 11-24-2025 by Ord. No. 2073]
The following Applications for Development involving lands located within (or partially within) the Township Highlands Area (as illustrated in Attachment 1, "Highlands Area and Highlands Land Use Capability Zones"[1]) shall comply with the provisions of this chapter:
a. 
In the Preservation Area:
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 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 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.
b. 
In the Planning Area:
1. 
For residential development, creates three (3) or more new dwelling units or lots.
2. 
For non-residential development:
(a) 
Results in the ultimate disturbance of one (1) acre or more of land; or
(b) 
Produces a cumulative increase of impervious surface area of one-quarter (1/4) acre, or more as of the date of enactment of this chapter.
c. 
In either the Preservation or the Planning Area:
1. 
Introduces or expands on any of the following land uses/facilities:
(a) 
Landfills;
(b) 
Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills;
(c) 
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials;
(d) 
Industrial treatment facility lagoons; or
(e) 
Any Major or Minor Potential Contaminant Source (as identified in § 24-10.2) on lands located within 200 feet of the wellhead of any public community well or public non-community well, as these are defined herein.
d. 
All thresholds in a. and b. above shall be interpreted to apply cumulatively over time on the lot as it existed, beginning on the date of enactment of the Highlands Act, August 10, 2004, in the Preservation Area and as of the effective date of this chapter in the Planning Area. If or when any one of the thresholds is reached, this chapter shall apply to any and all development in excess of that threshold. Where an application proposes a mixed use, the thresholds in subsection b for non-residential development shall apply to the whole of the project, while that in subsection a shall apply to the residential component.
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
[Added 11-24-2025 by Ord. No. 2073]
The Township of Mahwah shall, within fifteen (15) calendar days of issuance of any decision under this chapter, provide a copy of the decision to the Highlands Council. The Highlands Council call-up review period shall expire 15 calendar days following the Highlands Council's receipt of same. Any decision issued under this chapter shall not be effective until the expiration of the call-up period, or upon notification that the Highlands Council is exercising its review authority and an approval issued by the Highlands Council. Absent any notification from the Highlands Council within the 15-day timeframe, the decision shall be considered effective.
[Added 11-24-2025 by Ord. No. 2073]
Any of the following uses are prohibited within the Highlands Area:
a. 
Landfills;
b. 
Facilities for the permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills;
c. 
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials; and
d. 
Industrial treatment facility lagoons.
e. 
Any principal or accessory use, or structure related or devoted to such use, which is designated by the Highlands Council as a Major or Minor Potential Contaminant Source (PCS) (see §§ 32-6 and 32-7) is expressly prohibited from that portion of any Tier 1 Wellhead Protection Area lying within 200 feet of the wellhead as shown on Attachment 2.[1]
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
[Added 11-24-2025 by Ord. No. 2073]
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 Attachment 3.[1]
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 in Attachment 3, 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 & 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.
(i) 
If existing land uses create a natural or developed barrier to the buffer, then the buffer may be considered to be developable.
(e) 
Protection and Conservation Zone Standards: 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 & 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:
(i) 
Avoid the disturbance of Highlands Open Waters buffers;
(ii) 
Minimize impacts to Highlands Open Waters buffers; and
(iii) 
Mitigate all adverse impacts to Highlands Open Water buffers so that there is no net loss of the functional value of the buffer.
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
b. 
Riparian Area Standards: Disturbance of any portion of a Highlands Riparian Area, as shown in Attachment 4,[2] in the Protection Zone, Conservation - Environmentally Constrained Sub-zone, Lake Community Sub-Zone, and Existing Community - Environmentally Constrained Sub-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:
(a) 
The proposed linear development is the only point of access for roadways or utilities to an otherwise developable lot; and
(b) 
Shared driveways are used to the maximum extent possible to access multiple lots.
(c) 
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.
[2]
Editor's Note: Said attachment is included as an attachment to this chapter.
[Added 11-24-2025 by Ord. No. 2073]
a. 
The location, extent and type of Critical Wildlife Habitat, Vernal Pools and Natural Heritage Priority Sites are those areas defined in § 32-3 and identified by the NJDEP. Details on the areas may be found on the Highlands Council's "Highlands Resource Explorer" interactive map or through the NJDEP.
b. 
Critical Wildlife Habitat and Vernal Pools.
1. 
No disturbance is permitted within 300 meters of a Vernal Pool or in any Critical Wildlife Habitat as defined in § 32-3 except in accordance with the following:
2. 
A Critical Wildlife Habitat area or Vernal Pool 300-meter buffer may be disturbed where a Habitat Suitability Analysis conducted by a qualified professional has been submitted to the Planning and/or Zoning Board, which shall review and confirm findings that:
(a) 
The nature of the site is such that it does not provide habitat for species of concern;
(b) 
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
(c) 
Existing land uses present natural or development barrier to the use of the site by species of concern.
(d) 
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.
3. 
Where disturbance 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, said approval may be a condition of any potential Board approval.
c. 
No disturbance is permitted in any New Jersey Department of Environmental Protection Natural Heritage Priority Site.
[Added 11-24-2025 by Ord. No. 2073]
a. 
Severely Constrained and Moderately Constrained Slopes as defined in § 32-3 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 this chapter.
b. 
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.
c. 
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. For proposed linear development that would provide access to an otherwise developable lot, the applicant shall in addition, show that:
1. 
The proposed linear development is the only point of access for roadways or utilities to an otherwise developable lot; and
2. 
Shared driveways are used to the maximum extent possible to access multiple lots.
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.
d. 
The reviewing Board 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.
[Added 11-24-2025 by Ord. No. 2073]
a. 
Disturbance of Prime Ground Water Recharge Area (PGWRA), as shown in Attachment 7,[1] or Municipally Important Groundwater Recharge Area (MIGWRA), as shown in Attachment 2 entitled "Attachment B: Groundwater Recharge Areas" of Chapter 29 (Highlands Regional Stormwater Management Program and Stormwater Control), 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.
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
b. 
Development shall not occur in PGWRA or MIGWRA unless either the entirety of the subject property is located within a PGWRA or MIGWRA 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 PGWRA or MIGWRA located within the affected parcels, placed where feasible on those parts of the PGWRA or 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 PGWRA or MIGWRA shall be accompanied by a mitigation plan, providing for an equivalent of 125% of pre-construction recharge volumes for that portion of the PGWRA or MIGWRA that will be disturbed. The recharge mitigation shall occur within the following areas, in order of priority: (1) the same development site to the maximum extent feasible; (2) the same HUC14 subwatershed; or (3) where no feasible option exists in the same HUC14 subwatershed, an interrelated HUC14 subwatershed approved by the Highlands Council.
[Added 11-24-2025 by Ord. No. 2073]
a. 
Nothing herein shall be deemed to apply to the replacement or repair of an existing septic system.
b. 
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).
c. 
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 requirements contained in the Township Zoning ordinance (Chapter 24). Every development shall provide for a minimum acreage for each dwelling unit (or equivalent) as noted below.
1. 
Septic System Density Allowances. Septic system density (gross acres per septic system) shall not exceed the following allowances, for each Highlands Zone:
(a) 
Existing Community Zone: 9 acres/septic system.
(b) 
Conservation Zone: 10 acres/septic system.
(c) 
Protection Zone: 25 acres/septic system.
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.
3. 
Equivalent Yields. The following unit/square footage figures shall be applied as 300 gallon-per-day equivalents.
(a) 
Residential Uses (All Types, except as provided below) - 1 dwelling unit.
(b) 
Deed-Restricted Senior Citizen Residential Units, or Mobile Home Parks with dwelling units less than 500 square feet in size - to be determined by the Highlands Council.
(c) 
Office and Commercial Uses - 2,400 square feet of floor area.
(d) 
Industrial (Including Warehousing/Distribution) Uses - 18,182 square feet of floor area (Excluding Process Wastewater Flow).
(e) 
Specific Non-Residential Uses by Facility Type - In lieu of subsection c.3(c) or (d) 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.
[Added 11-24-2025 by Ord. No. 2073]
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 and/or for a Highlands Redevelopment Area or Takings Waiver (RMP Policies 7G1 and 7G2).
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: to serve lands which are appropriate for designated TDR Receiving Zones, infill development, or redevelopment; to address public health and safety; or to serve new areas for development.
[Added 11-24-2025 by Ord. No. 2073]
a. 
Water Conservation Requirements. 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; and
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 Attachment 5[1] shall be regulated fully in accordance with the requirements of such Plan.
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
2. 
Absence of Water Use and Conservation Management Plan: 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).
[Added 11-24-2025 by Ord. No. 2073]
a. 
All portions of the Highlands Area identified as Forest Area are found in Attachment 6.[1]
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
b. 
Any disturbance of more than one quarter (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 this chapter;
2. 
Incorporation of Low Impact Development techniques appropriate to the activity or development project proposed;
3. 
For any proposed disturbance of one half (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; 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 Required. Where disturbance of 1 acre or more of Forest Area as shown on Attachment 6 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 Attachment 6.
2. 
A map indicating any Forest Area to be disturbed.
3. 
A determination 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 in accordance with the following:
1. 
All Forest Mitigation Plans must be prepared by a State of New Jersey Approved Forester or other qualified professional. A Forest Mitigation Plan must include each of the components listed herein.
2. 
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:
(a) 
Highlands Open Waters and Buffers.
(b) 
Riparian Areas, including Floodplains and Floodprone Areas.
(c) 
Critical Habitat.
(d) 
Steep Slopes and Ridgelines.
(e) 
Core Forests and Contiguous Forest Patches.
3. 
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.
4. 
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) 
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) 
Maintenance Agreement. A minimum 5-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 5 years, and ensure a survival rate of 70% in year 1, 75% in year 2, 80% in year 3, and 85% in years 4 & 5, plus each year <10% invasive or noxious species.
[Added 11-24-2025 by Ord. No. 2073]
a. 
In accordance with the requirements of the Fair Housing Act,[1] any development consisting of five (5) or more newly constructed residential units shall reserve for occupancy at least 20 percent (20%) of the residential units constructed for low- or moderate-income households.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
b. 
Development exempt from the Highlands Act is not exempt from the 20% reservation requirement.
c. 
A minimum of 13% of the total residential units reserved for low- or moderate-income households should be designated for very low-income households pursuant to section 7 of P.L. 2008, c. 46 (N.J.S.A. 52:27D-329.1).
d. 
No density bonus or presumptive density increase over existing zoning shall be required to be granted by the municipality for the construction of the affordable housing units on site. Density bonuses or presumptive density increases may be provided through Fair Share Plans and associated implementing ordinances to address affordable housing needs of Mahwah where inclusionary housing projects are selected as a compliance mechanism by the Township.
e. 
The Township of Mahwah shall provide for the local review of any proposed affordable units provided by requiring the submission of an Affordable Housing Production Plan in accordance with the following.
1. 
An Affordable Housing Production Plan detailing all issues related to the affordable units shall be submitted to the Township's Planning and/or Zoning Board at the time application is made for any development requiring affordable housing pursuant to this chapter.
2. 
The Affordable Housing Production Plan shall be a condition of the completeness determination and is hereby added to the submission requirements checklist for any new residential development or five (5) or more units or major residential subdivision, which creates five (5) or more new lots.
3. 
The Affordable Housing Production Plan shall include at a minimum the anticipated bedroom distribution, income split, anticipated administrative entity, tenure, estimated rent or sales prices, maintenance obligations and any other information pertinent to the creation and long-term support of the affordable housing units.
4. 
The Affordable Housing Production Plan shall include a phasing plan detailing the proposed time frames for the construction and occupation of the affordable housing units.
5. 
All Affordable Housing Production Plans shall be the subject of review by the Township's Planning and/or Zoning Board for consistency with these guidelines, the RMP, and the Township's Court-approved and/or certified Housing Element and Fair Share Plan.
6. 
Compliance with the RMP, the Fair Housing Act and the Affordable Housing Production Plan shall be a condition of any local approval.
f. 
Where it has been determined that the provision of some or all affordable housing units on-site would not be consistent with the RMP (i.e., regarding septic system density or resource protection), the units may be provided off-site within the Township wherever feasible.
[Added 11-24-2025 by Ord. No. 2073]
a. 
In addition to any variance relief required under the Municipal Land Use Law, relief from § 32-4.5 (Prohibited uses), § 32-4.11 (Septic density) and § 32-4.12 (New or extended water and wastewater infrastructure) of this chapter shall require issuance of a Highlands Act waiver, which can be a condition of any Board approval. Highlands Act waivers may be issued only by the NJDEP or the Highlands Council in accordance with the respective rules and criteria established by each agency in accordance with the provisions of the NJDEP Highlands Area Rules, the Highlands Act and the Highlands Regional Master Plan. The issuance of a Highlands Act Waiver shall in no case be construed to alter or obviate the requirements of any other applicable State or local laws, rules, regulations, development regulations, or ordinances.
b. 
Where the Highlands Council and the NJDEP have approved a waiver for a development project in the Preservation Area, the standards of any such approved waiver may be utilized by the municipality in the review of the project, in lieu of the standards found herein.
[Added 11-24-2025 by Ord. No. 2073]
a. 
The application fee and escrow requirements of this subsection shall apply in addition to all existing fee and escrow requirements, including procedural and legal requirements, as set forth in the underlying Township Land Development Ordinances. All application fees and escrows shall be managed and dispensed as prescribed under all applicable state and local requirements, including but not limited to those of the MLUL and the Uniform Construction Code.
b. 
Applications for development. Any application subject to this chapter shall pay an application fee of $250 and submit an escrow deposit of $2,000.
[Added 11-24-2025 by Ord. No. 2073]
Land uses and activities determined by the Highlands Council (based on New Jersey Safe Drinking Water Act regulations at N.J.A.C. 7:10 and NJDEP regulations) to be Major Potential Contaminant Sources include those listed below. However, § 24-10.2 also regulates Major Potential Contaminant Sources and the more restrictive list of uses shall apply.
a. 
Underground fuel and chemical storage and oil tanks regulated by NJDEP under provisions of the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
b. 
Above-ground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.
c. 
Automotive service center (repair & maintenance).
d. 
Dry cleaning processing facility.
e. 
Road salt storage facility.
f. 
Cemetery.
g. 
Highway maintenance yard.
h. 
Truck, bus, locomotive maintenance yard.
i. 
Site for storage and maintenance of heavy construction equipment and materials.
j. 
Site for storage and maintenance of equipment and materials for landscaping, excluding household storage and maintenance of such equipment.
k. 
Livestock operation containing 300 or more Animal Units (AU) [1 AU = 1000 pounds of live animal weight] as defined by the NJ Department of Agriculture in its Criteria and Standards for Animal Waste Management, at N.J.A.C. 2:91.
l. 
Quarrying and/or mining facility.
m. 
Asphalt and/or concrete manufacturing facility.
n. 
Junkyard/auto recycling and scrap metal facility.
o. 
Residential or agricultural motor fuel in NJDEP exempted underground storage tanks (i.e., under 1,000 gallons).
[Added 11-24-2025 by Ord. No. 2073]
Land uses and activities determined by the Highlands Council (based on New Jersey Safe Drinking Water Act regulations at N.J.A.C. 7:10 and NJDEP regulations) to be Minor Potential Contaminant Sources include the following. However, § 24-10.2 also regulates Minor Potential Contaminant Sources and the more restrictive list of uses shall apply.
a. 
Underground storage of hazardous substances or waste of less than 50 gallons.
b. 
Underground heating oil storage tank with a capacity of less than 2,000 gallons.
c. 
Sewage treatment facility regulated by a NJPDES permit granted under N.J.A.C. 7:14A.
d. 
Industrial waste line.
e. 
Septic system disposal field.
f. 
Facility requiring a ground water discharge permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq.
g. 
Stormwater retention-recharge basin on an industrial property receiving runoff from surfaces other than roof areas.
h. 
Dry well on an industrial property receiving runoff from surfaces other than roof areas.
i. 
Waste oil collection, storage and recycling facility.
j. 
Agricultural chemical bulk storage and mixing or loading facility, including crop dusting facilities.
k. 
Above-ground storage of hazardous substances or waste in quantities of less than 2,000 gallons.
l. 
Livestock operation containing 8 or more Animal Units (AU) [1 AU = 1000 pounds of live animal weight] or those receiving 142 or more tons of animal waste per year as defined by the NJ Department of Agriculture pursuant to its Criteria and Standards for Animal Waste Management, at N.J.A.C. 2:91.