No land or premises shall be used, and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used, for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
Each of the sections and provisions of this article shall apply to all zone districts unless otherwise stated.
[Amended 2-28-1996 by Ord. No. 606-96; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 7-9-2008 by Ord. No. 965-08]
A. 
Any vacant lot, as recorded at the time of passage of this chapter, that is located in a residential district and fails to comply with the minimum requirements of this chapter, may be used for any permitted principal use in the district in which it lies, provided that the following requirements are complied with:
(1) 
In unsewered areas, the lot shall be at least 30,000 square feet, and the bulk requirements shall be as specified for 30,000 to less than 40,000 square foot lots pursuant to the table at § 165-91B.
[Amended 3-23-2011 by Ord. No. 1019-11]
(2) 
In sewered areas, the lot shall be at least 20,000 square feet, and the bulk requirements shall be as follows:
(a) 
Maximum depth of measurement: 200 feet.
(b) 
Minimum lot width: 65 feet.
(c) 
Minimum lot width at building: 100 feet.
(d) 
Minimum front yard: 40 feet.
(e) 
Minimum rear yard: 40 feet.
(f) 
Minimum side yard: 15 feet.
(g) 
Maximum stories: 2 1/2.
(h) 
Maximum height: 35 feet.
(i) 
Maximum building coverage: 15%.
B. 
Where lots with dwellings thereon or where setbacks on lots with dwellings thereon were made nonconforming by passage or amendments to the zoning regulations, additions to the principal building may be constructed in accordance with the following schedule:
[Amended 3-23-2011 by Ord. No. 1019-11]
Less than 20,000
Square Feet
20,000 to less than 30,000
Square Feet
30,000 to less than 40,000
Square Feet
40,000 to less than 50,000
Square Feet
50,000 to less than 70,000
Square Feet
70,000 - 100,000
Square Feet
Greater than 100,000
Square Feet
Maximum depth of measurement (feet)
150
240
240
275
300
400
800
Minimum lot width at street (feet)
36
65
75
90
105
120
150
Minimum lot width at building (feet)
54
100
110
135
160
180
225
Minimum front yard (feet)
35
40
50
75
75
75
100
Minimum rear yard (feet)
40
40
50
75
75
75
100
Minimum side yard (feet)
10
15
25
30
30
40
50
Maximum stories
2.5
2.5
2.5
2.5
2.5
2.5
2.5
Maximum height (feet)
35
35
35
35
35
35
35
Maximum building coverage
20%
15%
15%
15%
15%
12%
5%
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this part. Subdivision shall be effected in accordance with Part 6.
[Amended 5-12-2021 by Ord. No. 1150-2021]
A. 
Where a use is not specifically permitted in a zone district, it is prohibited.
B. 
In addition, the following uses are expressly prohibited in all zone districts:
(1) 
The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in this chapter and in Section 3 of P. L. 2021, c. 16, but not the delivery of cannabis items and related supplies within the Township by a cannabis delivery service located outside the Township.
Unless otherwise provided herein, all yards, open spaces and off-street parking must be contained on the lot and within the zone district in which the use is located.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this part. If already less than the minimum required under this part, said area or dimension shall not be further reduced.
[Amended 4-27-2016 by Ord. No. 1084-16]
A. 
Residential uses shall have only one principal building per lot, except for multifamily dwelling complexes, such as townhouses, apartments and mobile home parks as hereinafter permitted in this part.
B. 
Nonresidential uses may have more than one principal building on a lot.
C. 
Unless otherwise regulated in this part, no principal building shall be located closer to another building than the height of one of the buildings, but in no event less than 25 feet.
[Amended 4-12-1995 by Ord. No. 571-95; 2-28-1996 by Ord. No. 606-96; 3-23-2011 by Ord. No. 1018-11]
Except as otherwise provided in this part, buildings and structures which are accessory to a principal use or building shall be subject to the following regulations:
A. 
Maximum height.
(1) 
Residential uses: 16 feet.
(2) 
Farm uses: 45 feet.
(3) 
All uses in OB Zones: 16 feet.
(4) 
Nonresidential uses, except as provided in Subsection A(3) above: maximum height for principal buildings.
B. 
Minimum setback from streets: same as for principal buildings, but the accessory building shall not be located closer to a street than the principal building. Notwithstanding the above, on lots of at least five acres the accessory building may be located closer to the street than the principal building, provided that the accessory building is located at least 250 feet from the street. On corner lots, accessory buildings shall not be located closer to a side street than the minimum front yard requirement for the adjoining lot.
C. 
Side and rear yards.
(1) 
Accessory buildings for residential uses in side and rear yards shall not be located closer to a side or rear lot line than the minimum distance required below:
(a) 
For lots less than one acre: 10 feet.
(b) 
For lots between one and three acres: 20 feet.
(c) 
For lots greater than three acres: 30 feet.
(2) 
Buildings accessory to nonresidential uses shall meet the side and rear yard requirements for principal buildings. A farm building or an accessory building used on a farm shall not be closer to a property line than the height of the building or the minimum side or rear yard for a principal building, whichever is greater.
D. 
Minimum distance between buildings:
(1) 
For residential uses: 10 feet.
(2) 
For nonresidential uses: height of either building, but not less than 15 feet.
E. 
Electric vehicle (EV) charging stations.
[Added 10-28-2020 by Ord. No. 1142-2020]
(1) 
Indoor EV charging stations, or those enclosed by a building or within a garage, shall be permitted in all zones.
(2) 
Outdoor EV charging stations shall only be permitted where off-street parking is provided, excluding surface parking areas for detached single- and two-family uses and along driveways or street rights-of-way.
(3) 
EV charging stations operated by a third party for profit shall constitute a separate and distinct principal use subject to the requirements of this chapter.
(4) 
All exterior or outdoor EV equipment, excluding the electrical dispensing units, shall be screened from public view.
[Amended 11-24-1986 by Ord. No. 312-86; 8-20-2008 by Ord. No. 969-08]
Every lot must provide front, rear and side yards as required by its zone district. In addition, the following requirements shall be met:
A. 
All front yards must face upon a dedicated public street or a private street approved by the Planning Board. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be measured from the proposed right-of-way as shown on the Master Plan or Official Map.
B. 
In no event shall a principal building be located closer to a property line at any point than the minimum side yard requirement.
C. 
The minimum rear yard setback requirement shall be met from any lot line which is located at any angle of 30° or less to the front lot line, provided that any part of the lot lies between said lot line and the front lot line. If no part of the lot is located between said lot line and the front lot line, the minimum side yard setback requirement shall be met.
D. 
The following structures are hereby permitted within required yard setback areas in all zoning districts:
(1) 
Driveway crossings and curbs.
(2) 
Landforms associated with required buffers.
(3) 
Underground utility crossings.
(4) 
Fences pursuant to § 165-117.1.
(5) 
Existing subsurface septic disposal systems, including repair or replacement of an existing subsurface system; provided, however, that any such repair or replacement of an existing septic system or component thereof located in a yard setback area pursuant to this subsection shall not be sized to accommodate an expansion of the property's existing permitted use.
[Amended 10-12-2016 by Ord. No. 1092-16]
(6) 
Roofs, eaves, cornices, bays, railings, and stairs of buildings may extend into a required yard setback no more than three feet, as measured from the required yard setback, without the need for variance relief. Such an encroachment shall be limited to those buildings that are in compliance with the maximum permitted building height and floor area ratio of the zone district within which they are located. Encroachments pursuant to this provision shall not be permitted for buildings that contain a use(s) that is not permitted, or which building itself is not permitted.
[Added 4-27-2016 by Ord. No. 1084-16]
E. 
All structures not specifically permitted herein are prohibited within yard setback areas, including basins, stormwater management facilities, lighting, concrete pads, trash enclosures, subsurface septic disposal beds or tanks, storage tanks, and retaining walls.
[Amended 9-9-2009 by Ord. No. 992-09]
Where a lot is bounded by more than one street, the front yard setback requirement and minimum lot width requirement from each abutting street shall be met. A corner lot shall have two front yards and the remaining yards shall be side yards.
The height provisions of this part shall not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this part shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
No transportable or wheel-based structures or other temporary structure used as an office, storage shed or other use incidental to and in connection with a permitted construction project or building shall be placed on the site unless the Construction Official shall first have issued a temporary permit therefor. Such structure shall not be located so as to be detrimental to any adjoining property and shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.
A. 
In the residential, office building and commercial residential zones, outdoor storage is prohibited. This shall not be deemed to include the display and sale of seasonal farm produce or specifically permitted outdoor uses, the outdoor parking of farm machinery or vehicles in use on a farm or normal outdoor storage, such as storage of firewood, in residential zones.
B. 
In the commercial, commercial-industrial and research, office and manufacturing zones, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by special planting or a fence, as approved by the Planning Board. No storage area shall be located in a front yard nor in a side yard adjoining a street. Said storage area shall meet the location requirements for accessory buildings. These provisions shall not preclude:
[Amended 8-10-2011 by Ord. No. 1024-11]
(1) 
The outdoor storage and display in any yard of plant material by commercial greenhouses and plant nurseries nor motor vehicles being offered for sale by motor vehicle sales establishments, provided that such storage or display is located at least 50 feet from a street and 25 feet from a property line;
(2) 
The outdoor storage of water-insoluble bulk materials, such as gravel, sand, dense-graded aggregate, mulch, etc., provided the storage meets the locational requirements of § 165-102B, above, and is located no closer than 50 feet to any stormwater inlets, stormwater conveyance structures (including swales and basins) and surface water bodies. In no case shall bulk materials be located within regulatory buffers or transition areas associated with riparian areas or wetlands.
(3) 
The storage of water-soluble bulk materials, such as salt, chemicals, fertilizer, etc. within accessory containment structures, outside of a principal building, that meet the following requirements:
(a) 
The containment structure shall provide for the containment of the bulk material on at least three sides, and shall prevent spilling or migrating of the material beyond the footprint of the containment structure; one side may remain free of containment in order to provide for access to the material that is being stored.
(b) 
The containment structure shall have a roof that is sufficient to prevent the exposure of the bulk material that is being contained to precipitation.
(c) 
The containment structure shall have an impervious floor that prevents bulk material from mixing with the ground or soil below the structure.
(d) 
The containment structure shall comply with the standards for accessory buildings contained in § 165-97.
(e) 
The footprint of a containment structure shall be considered impervious coverage, but shall not be counted towards the calculation of floor area ratio.
C. 
Except as provided for in § 165-102B(3), in any zone, there shall be no outdoor storage in any zone of water-soluble bulk materials including, but not limited to, salt, chemicals, fertilizer, etc. for any purpose, including landscaping, road and parking area maintenance.
[Amended 8-10-2011 by Ord. No. 1024-11]
A. 
Title. This section shall be known as the "Clinton Township Shed Ordinance."
B. 
Intent. It is in the interest of the safety of the residents of the Township to be allowed to construct safe and securely anchored sheds for the storage of materials and equipment. Tools and mowers with their accompanying oil and gasoline cans, paints, solvents and similar materials are more safely stored in a shed than in a house or garage. It is the intent of this section to permit such storage shed built to reduced requirements and restrictions.
C. 
As used in this section, the following terms shall have the meanings indicated:
[Amended 2-28-1996 by Ord. No. 606-96]
STORAGE SHED
A building that is accessory to a single-family residential dwelling with dimensions that are not greater than 200 square feet in area and not exceeding 10 feet in height at the eaves and that is used solely for storage.
[Amended 5-26-2004 by Ord. No. 847-04; 4-27-2011 by Ord. No. 1020-11]
D. 
Construction standards.
(1) 
The shed shall be either prefabricated or custom built.
(2) 
The entire shed shall be constructed and installed in accordance with the provisions regulating sheds in the Uniform Construction Code, N.J.A.C. 5:23-2.14, as presently adopted or as amended in the future.
[Amended 7-18-2007 by Ord. No. 930-07; 4-27-2011 by Ord. No. 1020-11
E. 
Setbacks. Setbacks from the side and rear yard lines may be reduced to 10 feet, except in zones SR and VR, where the setback may be reduced to six feet. Sheds shall comply with the front-yard setback for principal buildings in all zones.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 4-27-2011 by Ord. No. 1020-11]
F. 
Number of sheds permitted. One shed as defined in this section shall be permitted on each lot in a residential zone. Any additional buildings or structures shall be subject to the provisions regulating the placement of accessory buildings and structures pursuant to §165-97.
[Amended 4-27-2011 by Ord. No. 1020-11
G. 
Permit required. Prior to the construction or installation of a shed, a zoning permit shall be obtained from the Zoning Official. Sheds with dimensions measuring greater than 100 square feet in area, or as may be required by the Uniform Construction Code, shall require, in addition to a zoning permit, a construction obtained from the Construction Official per the fee schedule.
[Amended 5-26-2004 by Ord. No. 847-04; 4-27-2011 by Ord. No. 1020-11]
H. 
Violations and penalties. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be liable to the penalty established in Chapter 1, § 1-17.
Whenever additional street right-of-way is obtained by the Township, County of Hunterdon or State of New Jersey for a road improvement, by purchase, donation, dedication, condemnation or by other legal means, the required minimum lot area of an existing lot shall be reduced by the same area deeded to the Township, county or state as aforesaid.
On a street corner a fence, structure or planting over 24 inches in height above the curb or edge of roadway shall not be erected or maintained within a triangle formed by the intersecting street right-of-way lines and a line connecting said right-of-way lines and located 50 feet from their point of intersection.
Not more than one commercial vehicle shall be parked or garaged on a lot used for residential purposes. Said vehicle shall be owned, leased or regularly used by a resident of the premises and shall be limited to the single-wheel variety. This provision shall not be deemed to limit the number or type of commercial vehicles in use on a farm.
The outdoor storage or parking in the open in residential districts of recreational equipment and vehicles, such as, but not limited to, trailers of any kind, boats, pickup coaches and motorized homes, is only permitted subject to the following conditions:
A. 
Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.
B. 
Any such vehicle or piece of equipment shall be located in a side or rear yard only, but in no event in a side yard adjoining a street.
C. 
Any such vehicle or piece of equipment shall be located so as to meet yard and setback requirements applicable to accessory buildings.
D. 
No such parking or storage shall preempt any required off-street parking area.
E. 
Any such vehicle or piece of equipment shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists or where topographic conditions would render such screening ineffective.
[Amended 12-22-1999 by Ord. No. 710-99]
A. 
Aboveground storage tanks (ASTs) are permitted for residential, farm, industrial, governmental and commercial uses where the ASTs are used only for fueling vehicles in connection with their own operations. All tanks shall have Underwriter's or American Petroleum Institute (API) approval. Tank locations shall be at least 40 feet from a property line and at least 10 feet from any building, and shall meet the distance setback requirements specified in National Fire Protection Association, Inc. (NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA 30A). ASTs shall be labeled with six-inch letters as to the tank content, and the AST shall be painted with rust-inhibiting white paint. Such ASTs shall be considered an accessory use.
B. 
The storage of combustible and flammable liquids shall be in conformance with the National Fire Protection Association, Inc. (NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA 30A).
C. 
Individual tanks serving farm, industrial, governmental and commercial uses shall not exceed 10,000 gallons in capacity with a maximum aggregate capacity of 18,000 gallons per facility.
D. 
Individual tanks serving residential uses shall not exceed 550 gallons in capacity for flammable liquids and 1,100 gallons in capacity for combustible liquids.
[Amended by Ord. No. 552-94; 3-25-1998 by Ord. No. 647-98; 5-14-2008 by Ord. No. 963-08]
A. 
Short title. This section shall be known as the "Sign Regulations of the Township of Clinton, Hunterdon County, New Jersey."
B. 
Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:
(1) 
Encourage the effective use of signs as a means of communication in the Township;
(2) 
Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;
(3) 
Improve pedestrian and traffic safety;
(4) 
Minimize the possible adverse affect of signs on nearby public and private property;
(5) 
Foster the integration of signage with architectural and landscape designs;
(6) 
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
(7) 
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
(8) 
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
(9) 
Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
(10) 
Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;
(11) 
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
(12) 
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
(13) 
Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(14) 
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
(15) 
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;
(16) 
Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
(17) 
Protect property values by precluding to the maximum extent possible sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
(18) 
Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;
(19) 
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of the Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;
(20) 
Preserve and enhance the rural and historic character of the Township; and
(21) 
Enable the fair and consistent enforcement of these sign regulations.
(22) 
Provide for reasonable conditions for the placement of temporary off-site signs without causing undue regulatory burdens on the community, which shall not be construed in any way to permit, allow or authorize the erection of permanent off-site signs or billboards.
[Added 3-14-2012 by Ord. No. 1035-12]
C. 
Prohibited signs. The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of § 165-109D.
(1) 
Billboards. Such prohibition shall not be deemed to be a prohibition on temporary off-site signs as permitted herein.
[Amended 3-14-2012 by Ord. No. 1035-12]
(2) 
Revolving signs.
(3) 
Flashing signs.
(4) 
Animated signs.
(5) 
Wind signs.
(6) 
Portable signs.
(7) 
Roof signs.
(8) 
Abandoned and discontinued signs.
(9) 
Snipe signs; bandit signs.
(10) 
Projecting signs, except as expressly allowed.
(11) 
Bus bench advertising signs; bus shelter advertising signs.
(12) 
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
(13) 
Signs that have unshielded illuminating devices and/or that do not fully comply with the Township's lighting ordinance regulations contained within § 165-74.
(14) 
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
(15) 
Wall signs that exceed 200 square feet in sign area.
(16) 
Freestanding signs that are higher than 15 feet.
(17) 
Signs within a sight triangle.
(18) 
Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.
(19) 
Signs other than a traffic control device sign that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate an official traffic control device signs, and which are adjacent to the right-of-way of any road, street, or highway.
(20) 
Signs prohibited by state or federal law.
(21) 
Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not regularly used in the conduct of the business or activity advertised on the vehicle, and is visible from a street right-of-way within 100 feet of the vehicle; and is parked for more than five consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.
(22) 
Signs located on real property without the permission of the property owner.
(23) 
Beacon signs, except as required by federal or state law.
(24) 
Intermittent signs.
(25) 
Sandwich board signs.
(26) 
Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.
D. 
Nonconforming signs. A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this section and with any other applicable law or regulation.
E. 
Exemptions. This section does not pertain to the following:
(1) 
A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.
(2) 
A sign on a car, other than a prohibited vehicle sign or signs.
(3) 
A statutory sign.
(4) 
A traffic control device sign.
(5) 
Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
F. 
Permits.
(1) 
Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.
(2) 
Sign permits.
(a) 
Allowed temporary signs, of the type described in Subsections L and M(3) of this section, shall be exempt from sign permitting hereunder.
[Amended 3-14-2012 by Ord. No. 1035-12]
(b) 
Allowed permanent signs of the type described in Subsections L and N(3) of this section shall be exempt from sign permitting hereunder.
[Amended 3-14-2012 by Ord. No. 1035-12]
(c) 
No sign permit shall be issued for the erection of a prohibited sign.
(d) 
Unless exempt from permitting as provided in Subsections L and N(3) of this section, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, is paid to the Township.
[Amended 3-14-2012 by Ord. No. 1035-12]
(e) 
A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this section and this Code.
(3) 
Sign permit application and issuance of sign permit.
(a) 
A sign permit application shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or this Code. The applicant shall furnish the following information on or with the sign permit application form:
[1] 
The block, lot and street address of the real property where the sign is proposed to be located.
[2] 
The zoning district for the real property on which the sign will be located.
[3] 
The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.
[4] 
A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
[5] 
The name, mailing address and telephone number of the sign contractor.
[6] 
Type of proposed sign (e.g., wall sign or freestanding sign).
[7] 
The proposed sign area.
[8] 
The cost of the proposed sign.
[9] 
If the proposed sign is a freestanding sign:
[a] 
The height of the proposed freestanding sign.
[b] 
The sign area of the freestanding sign and the dimensions utilized to calculate the size.
[c] 
The distance between the closest existing freestanding sign and the proposed freestanding sign as measured in each direction along each abutting street or right-of-way.
[d] 
The location, height and area of any existing freestanding sign on the same lot where the proposed freestanding sign will be located.
[e] 
The front and side yard setbacks for the proposed sign.
[10] 
If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.
[11] 
The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.
[12] 
Whether the proposed sign will be an illuminated or nonilluminated sign.
(b) 
An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign and the applicant may appeal to the Board of Adjustment pursuant to the MLUL.
(4) 
Fees.
(a) 
Sign permit fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the Township at the time of the application. This sign permit fee shall be deemed a zoning permit fee and shall be in accordance with the zoning permit fee schedule set forth in § 165-13 of this Code.
(b) 
Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.
(5) 
Conditions.
(a) 
Duration of permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
(b) 
Maintenance of signs.
[1] 
All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:
[a] 
If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.
[b] 
If the sign is painted, the painted surface shall be kept in good condition.
[c] 
Every sign shall be kept in such manner as to constitute a complete or whole sign.
[2] 
Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. A lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this section.
G. 
Sign illumination. The illumination of signs, where allowed, shall comply with § 165-74 of the Land Use Regulations of Clinton Township.
H. 
Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this section or this Code to the contrary, any sign erected pursuant to the provisions of this section or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this section and this Code have been satisfied.
I. 
Content neutrality as to sign message (viewpoint). Notwithstanding anything in this section or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
J. 
Setback measurement. Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.
K. 
Double-faced signs. Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180º from each other. The maximum sign area allowed shall be permitted for each sign face.[1]
[1]
Editor's Note: Former Subsection L, Temporary on-site special event signs, as amended, which immediately followed this subsection, was repealed 3-14-2012 by Ord. No. 1035-12. See now Subsection L(15). This ordinance also provided for the redesignation of former Subsections M through T as Subsections L through S, respectively.
L. 
All districts. The regulations in this section apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for the signs and sign types described and identified in this subsection.
(1) 
Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
(2) 
Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.
(3) 
Directional signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.
(4) 
Parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign area, shall be for a noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.
(5) 
Free expression signs. For each parcel, one free expression sign not exceeding four square feet in sign area may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each lot.
(6) 
Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed four square feet in sign area if located on a lot in a residential district and shall not exceed 24 square feet in sign area if located on a lot in a nonresidential district. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.
(7) 
Flagpoles. One flagpole is allowed for each parcel. A flagpole shall not exceed 35 feet in height and shall be subject to setbacks in the applicable zones in which it is located.
(8) 
Flags. For each flagpole, two flags not greater than 24 square feet in sign area each may be displayed.
(9) 
Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.
(10) 
Temporary construction signs. One temporary construction sign shall be allowed on a lot, subject to the following limitations:
(a) 
Number. For each lot, one temporary construction sign shall be permitted.
(b) 
Size and height. For a lot in a residential district, a temporary construction sign shall not exceed four square feet in sign area and three feet in height; and for a lot in a nonresidential district, a temporary construction sign shall not exceed 24 square feet in sign area and six feet in height.
(c) 
Setback. Temporary construction signs shall be set back from any lot line by at least five feet.
(d) 
Duration. Temporary construction signs shall be removed within seven days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur.
(11) 
Temporary real estate signs.
(a) 
Number. One temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.
(b) 
Size and height. For residential uses, the temporary real estate sign shall not exceed four square feet in sign area and three feet in height; and for a nonresidential use, the temporary real estate sign shall not exceed 24 square feet in sign area and six feet in height.
(c) 
Setback. Temporary real estate signs shall be set back from any lot line by at least five feet.
(d) 
Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.
(12) 
Temporary garage-yard sale signs. For each parcel with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:
(a) 
Number. One temporary garage-yard sale sign may be displayed.
(b) 
Size and height. A temporary garage-yard sale sign shall not exceed four square feet in sign area and three feet in height.
(c) 
Setback. A temporary garage-yard sale sign shall be set back from any lot line by at least five feet.
(d) 
Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.
(13) 
Temporary window signs. For each lot, one or more temporary window signs may be displayed. On lots that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On lots that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.
(14) 
Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:
(a) 
Number. No more than one such sign shall be allowed upon any property held in single and separate ownership.
(b) 
Size and height. A temporary future development sign shall not exceed 24 square feet in sign area. A temporary future development sign shall not exceed six feet in height.
(c) 
Setback. A temporary future development sign shall be set back from any lot line by at least five feet.
(d) 
Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been sold.
(15) 
Temporary special event signs. Temporary on-site or off-site special event signs shall be permitted in all districts subject to the following limitations:
[Added 3-14-2012 by Ord. No. 1035-12]
(a) 
Temporary special event signs shall provide notice of a special event as defined in the definition of "special event sign" in § 165-4, Definitions.
(b) 
Temporary on-site special event signs shall be limited to one per event.
(c) 
Temporary off-site special event signs shall be limited to one per property or lot.
(d) 
Temporary on-site special event signs shall not be located closer than 15 feet to a front property line or street right-of-way; however, a temporary on-site special event sign that does not exceed four square feet in area and three feet in height may be located no closer than five feet to a front property line or street right-of-way.
(e) 
Temporary on-site special event signs shall not exceed 24 square feet in sign area and six feet in height; for each additional foot of setback beyond 15 feet from a street right of way, the sign area may be increased by an additional five square feet, but in no event shall the sign area exceed 200 square feet.
(f) 
Temporary off-site special event signs shall not be located closer than five feet to a property line or street right-of-way.
(g) 
Temporary off-site special event signs shall not exceed four square feet in sign area and three feet in height.
(h) 
Temporary special event signs shall not conceal or obstruct adjacent land uses or signs.
(i) 
Temporary special event signs shall not conflict with the permitted principal use of the site or adjoining sites.
(j) 
Temporary special event signs shall not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians.
(k) 
Temporary special event signs shall be installed and maintained in a safe manner.
(l) 
The display of temporary special event signs shall not begin any earlier than three weeks before the event and shall be removed within two business days after the event.
(m) 
Temporary off-site special event signs shall only be permitted where the owner of the property upon which the temporary sign is located has consented to the placement of the sign.
M. 
Rural and residential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent and temporary signs are also allowed within the rural and residential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. The permanent signs described below require a sign permit.
(1) 
Freestanding signs and wall-mounted signs for multifamily residential uses. For each permitted multifamily residential use, there may be one permanent freestanding identification sign located on each public street frontage from which public vehicular access is derived and one wall identification sign for each building. A permanent freestanding identification sign shall not exceed 24 square feet in sign area and shall not exceed six feet in height. A permanent wall identification sign shall not exceed eight square feet in sign area.
(2) 
Freestanding signs and wall-mounted signs for institutional, quasi-public and public uses. For each permitted institutional, quasi-public or public use, there may be one permanent freestanding or wall-mounted identification sign that does not exceed 20 square feet in sign area. Freestanding signs shall not exceed six feet in height.
(3) 
Temporary agricultural produce signs. For an allowed agricultural use, one temporary agricultural produce sign may be displayed. A temporary agricultural produce sign shall not exceed four square feet in sign area. A temporary freestanding agricultural produce sign shall not exceed six feet in height.
N. 
Nonresidential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent signs are also allowed within the nonresidential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
(1) 
Permanent freestanding signs. Permanent freestanding signs are allowed as follows:
(a) 
Number. One permanent freestanding sign is permitted for each lot containing a permitted use.
(b) 
Height. The height of a permanent freestanding sign shall not exceed eight feet.
(c) 
Size. The maximum sign area of a permanent freestanding sign shall not exceed 25 square feet. For each additional foot of setback above the minimum fifteen-foot setback requirement, the sign area may be increased by an additional five square feet, but in no event shall the sign area exceed 200 square feet.
(d) 
Setbacks. The following setbacks shall apply:
[1] 
A permanent freestanding sign shall be set back at least 15 feet from each lot line and right-of-way.
[2] 
A permanent freestanding sign shall be offset at least 100 feet from any other permanent freestanding sign.
[3] 
If a permanent freestanding sign is on a corner lot, it shall be offset at least 300 feet, measured along the right-of-way, from any other permanent freestanding sign.
[4] 
A permanent freestanding sign shall comply with any additional setback requirements in this Code.
(2) 
Permanent wall signs.
(a) 
Number. Two permanent wall signs per principal building facade that faces a street are permitted.
(b) 
Size. The aggregate sign area for wall signs shall not exceed 10% of the front facade area of the principal building to which the signs are affixed, or 200 square feet, whichever is less.
(3) 
Incidental signs. Up to four incidental signs are permitted to be attached to a freestanding sign structure or to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
(4) 
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on or in the glass (or similar substitute) surface of each window or door that faces a public street or public access:
[Added 4-27-2011 by Ord. No. 1021-11]
(a) 
Said signs shall be located on the same story of the building that the business being advertised is located.
(b) 
Seventy-five percent of the surface area of the glass (or similar substitute) of each such window or door shall remain free of signs.
O. 
Administration and enforcement.
(1) 
The Zoning Officer shall be the enforcing official of this section.
(2) 
Whenever a temporary sign is erected or maintained in violation of this section, the Zoning Officer or the Zoning Officer's designee may remove the same at any time without notice.
[Amended 10-12-2016 by Ord. No. 1092-16]
(3) 
Whenever a temporary sign is erected or posted on public property in violation of this section the same shall be considered litter and may be removed at any time.
(4) 
Whenever a permanent sign is erected or maintained in violation of this section or any other provision of this Code, or whenever in the opinion of the Zoning Officer any sign becomes unsafe or endangers the safety of a building or premises or the public safety, the Zoning Officer shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign be brought into conformance or removed within 30 days of receipt of the letter. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Officer may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.
(5) 
The Zoning Officer may cause any sign or sign structure to be removed summarily and without written notice at the expense of the owner of the sign and the owner of the premises on which the sign is located, if it is an immediate peril to persons or property by virtue of its construction or moorings.
P. 
Appeals to the Board of Adjustment. Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this section (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70. The appellate decisions of the Board of Adjustment shall be deemed final, subject to judicial review as provided by law.
Q. 
Violations and penalties. Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this section shall be, upon conviction thereof, liable to all of the penalties set forth in Article XXXVIII of this chapter except imprisonment.
R. 
Transition rules. Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid until the earlier of the date that said permit expires by its own terms or 90 days after the effective date of the adoption of this section.
S. 
Severability.
(1) 
Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements, or otherwise.
(2) 
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this section, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under Subsection C of this section.
[Amended 7-8-2009 by Ord. No. 986-09]
A. 
Public utilities. Nothing in this part shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone and electric distribution lines, along with related attendant facilities intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.
B. 
Private utilities.
(1) 
Solar energy systems.
(a) 
Purpose. The primary purpose of a solar energy system, whether arranged as a single solar panel or a solar panel array, shall be to provide energy for the principal use and other permitted accessory uses on the property where the solar energy system is located and shall not be for the generation of power to be sold for commercial purposes. This provision shall not be interpreted to prohibit the disposition of excess power generated from a solar energy system back to a public electric utility provider by which the principal use is served.
(b) 
Roof-mounted solar energy systems.
[1] 
Roof-mounted solar energy systems are permitted accessory uses in all zones.
[2] 
Installation of a roof-mounted solar energy system on a conforming single- or two- family residential building, or on a conforming building that is accessory to a single- or two-family residential building, shall require a zoning permit. Installation of a roof-mounted solar energy system on any other structure shall require minor site plan approval, in accordance with § 165-55.
[3] 
A roof-mounted solar energy system shall not be more than six feet higher than the height of the finished roof. In no instance shall any part of the system extend beyond the peak of the roof, extend beyond the maximum height of the roofline, or exceed the maximum height that is permitted for a principal or accessory building in that zone.
(c) 
Ground-mounted solar energy systems.
[1] 
Ground-mounted solar energy systems containing 400 square feet or less of total solar panel surface shall be a permitted accessory use in all zones, shall require a zoning permit and are subject to the following standards:
[a] 
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance.
[b] 
Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
[c] 
Systems shall not exceed 10 feet in height.
[2] 
Ground-mounted solar energy systems containing greater than 400 square feet of solar panel area are prohibited in residential zones or as an accessory structure to a single- or two-family residential use in a nonresidential zone.
[3] 
Ground-mounted solar energy systems containing greater than 400 square feet of solar panel area require minor site plan approval, in accordance with § 165-55, prior to obtaining a zoning permit and are subject to the following standards:
[a] 
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance. Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Development Ordinance;
[b] 
Systems shall not be constructed in uninterrupted structures, but shall be arranged so that no single contiguous panel area exceeds 400 square feet.
[c] 
Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
[d] 
Systems shall not exceed 10 feet in height unless erected above a parking lot, in which instance the system shall not exceed 18 feet in height.
[e] 
Systems shall be located and installed so that sun glare is directed away from an adjoining property or public rights-of-way.
[f] 
Systems shall be screened from public rights-of-way and adjacent properties via fencing or landscaping.
[g] 
Systems shall be designed to blend the system into the existing setting and environment.
Off-street parking for one and two-family dwellings shall be provided in accordance with § 165-71A(10).
[Amended 6-24-1993 by Ord. No. 529-93; 9-14-2005 by Ord. No. 891-05; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 10-28-2020 by Ord. No. 1142-2020]
Child-care center shall be a permitted principal or accessory use in all nonresidential zones in Clinton Township. The following standards shall apply to this use when proposed in the C-1, C-ROM, OB-1, OB-2, ROM-1, ROM-2, ROM-3, and PDO Districts:
A. 
All portions of any child-care center to be used by children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below grade at the location from which egress is provided to the street.
B. 
A minimum of 1,000 square feet plus 50 square feet per child of outdoor space, adjacent the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways. The per child outdoor area requirement shall be calculated utilizing the licensed capacity authorized.
C. 
The hours of operation shall be limited to 6:30 a.m. to 7:00 p.m.
D. 
Child-care centers shall provide one parking space per employee plus one additional parking space for every five children. Adequate space shall be provided for the loading and unloading of children which shall take place on site and not in a public right-of-way.
E. 
The internal pedestrian circulation pattern shall be adequate to assure the safe movement of children and parents into and out of the child-care facility. Design features to be incorporated include the use of sidewalks and pedestrian cross walks to connect the parking area with the child-care center facility.
F. 
Parking areas and pedestrian walkways shall be illuminated to provide safe entrance and egress from the center for both pedestrian and automobile traffic.
G. 
Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located. The location of any child-care center shall be appropriately situated in relation to the use or area it is intended to serve. No child-care center shall be permitted to be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children.
H. 
Where a child-care center is provided as an accessory use to a principal use located on the same lot, the gross floor area devoted to the child-care center shall be excluded from calculating the parking and lot coverage requirements for the zone.
I. 
Where a child-care center is provided as a principal use the area and yard requirements shall apply as noted in the applicable district standards, except in the OB-2 District, where a minimum lot area of 40,000 square feet shall apply.
J. 
Adequate landscape screening may include the use of earth berms, evergreen plantings and landscape plantings, solid fencing used individually or in combination so as to visually separate the child-care center lot from the adjoining parcels. Each child-care center shall provide landscaped buffers adjacent to any side or rear lot line equal to at least 10% of the lot width.
K. 
Any child-care center shall comply with all state standards and any local approval shall be conditioned upon receipt of a state license.
L. 
All other applicable requirements of this chapter shall apply, except where the Planning Board determines that such requirements are not appropriate for child-care centers.
[Added 8-12-1998 by Ord. No. 665-98]
A. 
Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Township of Clinton in order to protect the community from the visual and other adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic character of the countryside that the Clinton Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:
(1) 
Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(2) 
Encourage the location of towers in nonresidential areas and along major transportation corridors;
(3) 
Minimize the total number of towers throughout the community;
(4) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening, and innovative camouflaging techniques;
(7) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) 
Consider the public health and safety of communications towers; and
(9) 
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
B. 
Permitted use/conditional use treatment.
(1) 
Notwithstanding anything in this Chapter 165 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under § 165-45 of this chapter and consistent with the visual compatibility requirements of Subsection C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant shall meet the standards of Subsection D. When antennas are proposed as a permitted use on an existing structure in a nonresidential zone district, the applicant shall meet the standards of § 165-113D(1)(a).
[Amended 3-24-2004 by Ord. No. 845-04]
(2) 
Notwithstanding anything in this Chapter 165 to the contrary, wireless telecommunications towers consistent with the provisions of Subsections C(1), (2) and (3) and D shall be a conditional use within all nonresidential zone districts of the Township.
[Amended 3-24-2004 by Ord. No. 845-04]
(3) 
Notwithstanding anything in this Chapter 165 to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
C. 
Visual compatibility requirements.
(1) 
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.
(2) 
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes, and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.
(3) 
The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.
(4) 
The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.
(5) 
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna but only if:
(a) 
It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or
(b) 
When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound, to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center; and
(c) 
It otherwise complies with the requirements of this chapter.
D. 
Conditional use standards for the location of wireless telecommunications antennas or towers.
(1) 
An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any nonresidential zone shall demonstrate to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following, while an applicant desiring to construct wireless telecommunications antennas in nonresidential zones shall meet the standards of Subsection D(1)(a):
[Amended 3-24-2004 by Ord. No. 845-04]
(a) 
The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at a specific location within the Township. The applicant shall also provide evidence to the satisfaction of the Planning Board of all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location.
(b) 
That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that that applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:
[1] 
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
[2] 
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3] 
The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.
[4] 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
[5] 
The provider demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(c) 
The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to Subsection D(1)(a) above.
(d) 
Where a suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate.
(e) 
A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services to be provided by the applicant through the use of the proposed tower.
(f) 
That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant’s search area according to the priority schedule below. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meets its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner; the failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
[Amended 6-14-2006; 9-13-2006 by Ord. No. 908-0610-28-2020 by Ord. No. 1142-2020]
Priority
Zone*
Equipment
Location
Permitted or Conditional
1
Commercial/ Transportation
Antenna
Collocated with other antennas on existing structure or tower within a transportation corridor
P
2
Commercial/ Transportation
Antenna
Existing structure or tower within a transportation corridor
P
3
Commercial
Antenna
Collocated with other antennas on existing structures or towers
P
4
Commercial
Antenna
Existing structure or tower
P
5
Residential/ Transportation
Antenna
Collocated with other antennas on existing structures or tower within a transportation corridor
C
6
Residential/ Transportation
Antenna
Existing structure or tower
C
7
Residential
Antenna
Collocated with other antenna on existing structure or tower
C
8
Residential
Antenna
Existing structure or tower
C
9
Commercial/ Transportation
Tower
Construct a tower within a commercial transportation corridor
C
10
Commercial
Tower
Construct a tower in a commercial area
C
* NOTE:
"Commercial" includes the C-1, C-ROM, OB-1, OB-2, ROM-1, ROM-2 and ROM-3 Zones.
"Transportation" means the lot has frontage on Route 31, 22 or I-78.
(g) 
Compliance with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
E. 
Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1) 
Minimum lot size: As required by the zone district in which located, or two acres, whichever is larger.
(2) 
Minimum setback of wireless telecommunications tower from:
(a) 
Any property line: the zone district setback requirement or the tower height, whichever is greater.
(b) 
Any existing residence: 500 feet.
(c) 
Any wireless telecommunications tower: 5,280 feet.
(3) 
Minimum setback for equipment compound from any property line: The zone district setback requirements for an accessory building.
(4) 
Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:
(a) 
Three or more vendors: 140 feet.
(b) 
Two vendors: 120 feet.
(c) 
Single vendor: 100 feet.
(5) 
Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
F. 
Site plan application requirements for the installation of wireless telecommunications towers.
(1) 
All site plan details required by § 165-58 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(2) 
Landscape design shall be in accordance with § 165-77.
[Amended 6-13-2007 by Ord. No. 923-07]
(3) 
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(4) 
A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Township under the laws of the State of New Jersey. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.
(5) 
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.
(6) 
A copy of the lease or deed for the property.
(7) 
A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within Clinton Township, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(8) 
A three-hundred-sixty-degree perspective of the proposed tower at the proposed location from distances of 1,000 feet, 1/2 mile, one mile and two miles drawn to an appropriate scale.
G. 
Design standards.
(1) 
The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunications providers (the applicant's plus two collocators).
(2) 
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(3) 
No lighting is permitted except as follows:
(a) 
Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b) 
No lighting is permitted on a wireless telecommunications tower.
(4) 
Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(5) 
Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6) 
Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(7) 
Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
(8) 
No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance,[1] except for in emergency situations requiring the use of a backup generator.
[1]
Editor's Note: See Ch. 178, Noise.
(9) 
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
H. 
Antenna modifications.
(1) 
Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Clinton Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the EIA/TIA Standard referenced above. Such modifications shall be subject to site plan review and approval.
(2) 
Operators of wireless telecommunications facilities shall notify Clinton Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
I. 
Collocation and shared facilities and sites.
(1) 
FCC licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically, and economically feasible.
J. 
Application and escrow fee. Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in § 165-13 of this chapter.
[Added 3-28-2001 by Ord. No. 743-01]
A. 
An accessory apartment shall be occupied by a low- or moderate-income household meeting the income eligibility standards established by the Council on Affordable Housing (COAH). In addition, the accessory apartment shall be occupied by a senior citizen (62 years of age or older) low- or moderate-income household or the accessory apartment shall be located on a lot owned and occupied by a senior citizen household with the apartment occupied by a low- or moderate-income household.
B. 
No more than 10 accessory apartments throughout the Township shall be created under this section.
C. 
Accessory apartments are permitted on residentially improved lots, provided that only one additional accessory apartment per lot is permitted.
D. 
The accessory apartment shall have living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants.
E. 
The accessory apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin and bathroom tub or shower.
F. 
All rooms shall be accessible from within the apartment.
G. 
The accessory apartment shall be private and secure from all attached units.
H. 
The apartment shall have direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other unit, and the accessory apartment shall comply with all requirements of the applicable building codes.
I. 
If the apartment is located on the second or third floor, there shall be at least two means of access to the outdoors, available at all times, as approved by the Construction Official. Exterior stairways for the accessory apartment shall be the rear or side of the structure.
J. 
No apartment shall be located above the third floor.
K. 
The net floor area of the apartment shall be at least 400 square feet, and no bedrooms shall have a net floor area of less than 80 square feet.
L. 
The apartment shall occupy no more than 1,000 square feet of an accessory building or the principal structure and shall contain no more than three bedrooms.
M. 
At least one off-street parking space per bedroom or a maximum of two spaces shall be provided for each apartment, with the spaces situated in the side yard or rear yard only.
N. 
The sanitary disposal system serving the accessory apartment shall be approved by the Board of Health.
O. 
The Township or its designee shall be responsible for the administration of the accessory apartment program.
[Added 8-14-2002 by Ord. No. 787-02]
Any property on which a municipally-owned Deed of Easement has been placed pursuant to the farmland preservation programs operated by the County Agricultural Development Board or the State Agricultural Development Committee shall be permitted a maximum impervious coverage of 10%.
[Added 3-26-2003 by Ord. No. 810-03]
All driveways servicing residential, commercial, industrial or any other driveway use in the Township shall conform to the provisions and requirements of Chapter 239, Article I, entitled "Excavations," and Chapter 112, Driveways. The Zoning Board of Adjustment and the Planning Board of the Township of Clinton may vary or modify the requirements and design standards of said Chapter 112 for good cause and after considering the Township Engineer's comments as related to such variance or modification.
[Added 5-14-2003 by Ord. No. 817-03]
A. 
The following standards shall apply to all new lots created through subdivision and all site plans with slopes in excess of 15%, except that Subsection A(3) shall apply only to residential lots in the RR-4S Districts.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 10-12-2016 by Ord. No. 1092-16]
(1) 
In areas with slopes that exceed 25%, no development, regrading or removal of vegetation shall be permitted.
(2) 
In areas with slopes of 15% to 25%, no more than 15% of such areas shall be developed, regraded or cleared of vegetation.
(3) 
For the purposes of subdivision each residential lot created must include a minimum of one contiguous acre of land with less than 15% slope on which the dwelling, septic system and accessory structures shall be located.
(4) 
A steep slope analysis showing slope classes 0% to 14.99%, 15% to 25% and greater than 25% shall be delineated on the subdivision plat or site plan. The slope classifications shall be calculated utilizing a two-foot contour interval.
B. 
Any existing residential lot of record at the time of the passage of this section shall be exempt from the above provisions, unless and until an application for subdivision or site plan approval of that lot is made.
C. 
The following standards shall apply to existing lots of record if the construction of a residence and associated improvements is proposed on slopes greater than 15%:
(1) 
A lot grading plan which indicates the proposed driveway plan and profile, residential and other site grading necessary for the property shall be submitted for review and approval by the Township Engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted as amended by the New Jersey State Soil Conservation Committee. The approval of the Township Engineer shall be required prior to the issuance of a building permit.
(2) 
The Township Engineer shall verify that the proposed residential driveway design is capable of providing access for emergency vehicles and equipment under all weather conditions.
[Added 12-22-2004 by Ord. No. 869-04; amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 12-12-2007 by Ord. No. 946-07; 11-25-2008 by Ord. No. 973-08]
A. 
Purpose. The purposes of this section are as follows:
(1) 
To regulate the height, location, and type of fencing that is erected within the Township.
(2) 
To ensure that the visual character from public rights-of-way are not unduly obscured by fences and walls.
B. 
General requirements for all zoning districts.
(1) 
All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties.
(2) 
All fences shall be uniform and symmetrical in appearance, shall have posts or columns separated by identical distances, except for deviations required by construction factors, and shall consist of materials conforming to a definite pattern.
(3) 
No fence shall be erected of barbed wire, razor wire, topped with metal spikes or other sharp objects, nor constructed of any material or in any manner which may be dangerous to persons or animals, except wire fences shall be permitted for qualified (under the New Jersey Farmland Assessment Act[1]) farms. For qualified farms, wire farm fences are allowed in any yard and may be constructed in generally accepted farm use manner.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1, et seq.
(4) 
Fences may be placed with the outer face located on the property line, except where a setback from the property line is required as specified in this section.
(5) 
No fence shall be constructed or located in such a manner as to block or otherwise interfere with any drainageway, natural drainage flow, surface water, or surface water runoff, as said terms are defined in Article XXXV of this chapter.
(6) 
Chain link fences shall be prohibited in front yards and in side yards between the street right-of-way and the front yard setback line in all zones in the Township.
(7) 
The installation of all fences shall require a zoning permit issued by the Township Zoning Officer and any fence that is over six feet in height shall also require a building permit issued by the Township Construction Official.
(8) 
No fence shall be constructed within any public right-of-way, a sight triangle area or within a publicly owned easement area.
(9) 
All fences shall be maintained in a safe, sound, upright and painted (if the original fence was painted) condition.
(10) 
The location of retaining walls, guardrails, and other structural or safety elements intended for purposes other than screening or decoration are exempt from the regulations contained in this section.
(11) 
Fencing as required by the Uniform Construction Code[2] of the Township of Clinton for pools and other designated locations shall conform to the standards required therein.
[2]
Editor's Note: See Ch. 97, Construction Codes, Uniform.
(12) 
A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 12 feet in height; said fence to be set back from any lot line the distance required for an accessory building in the zoning district.
(13) 
A dog run may have fencing a maximum seven feet in height provided it is located in rear yard areas only and conforms with the required setback from any side or rear lot line as required for accessory buildings and structures as specified in this chapter.
(14) 
A deer protection fence, consisting of a fence material which shall be an open-type wire grid so as to minimize the fence's visual impact on surrounding properties, shall be permitted in side and rear yards only, provided that in side yards it is located no closer to the street right-of-way than the front yard setback line, and may be no more than eight feet in height.
C. 
Fences in residential districts.
(1) 
A fence, four feet or less in height shall be permitted in the front yard, provided that the fence is located at least two feet from the front property line. For the purposes of this section, any yard lying between the street right-of-way and the principal building, as in a corner lot, shall be considered a front yard.
(2) 
A fence, exceeding four feet in height but not exceeding six feet in height, shall be permitted in the front yard in zoning districts where the minimum front yard setback is at least 50 feet, provided that such fence is located no closer to the street right-of-way than the required front yard setback line plus an additional 25 feet.
(3) 
A fence, seven feet or less in height shall be permitted in a side or rear yard, except that fences in a side yard located between the front lot line and the front yard setback line may not exceed four feet in height.
(4) 
Gates or pillars shall be permitted, not to exceed six feet in height and located only at the main entry drive to any residential property. Such gates or pillars shall slope downward to four feet in height within 10 feet of the inside face of the pillar or gatepost closest to the driveway.
D. 
Fences in nonresidential districts. Fences in nonresidential districts may be required by the Planning Board as part of a site plan application. In such circumstances the fence shall conform to the following standards:
(1) 
A fence, four feet or less in height shall be permitted in the front yard, provided that the fence is located at least two feet from the front property line. For the purposes of this section, any yard lying between the street right-of-way and the principal building, as in a corner lot, shall be considered a front yard.
(2) 
A fence, exceeding four feet in height but not exceeding six feet in height, shall be permitted in the front yard in zoning districts where the minimum front yard setback is at least 50 feet, provided that such fence is located no closer to the street right-of-way than the required front yard setback line plus an additional 25 feet.
(3) 
A fence not to exceed eight feet in height may be constructed in a side or rear yard, except that fences in a side yard located between the street right-of-way and the front yard setback line may not exceed four feet in height.
[Added 4-13-2011 by Ord. No. 1023-11]
A. 
Purpose. The purposes of this section are as follows:
(1) 
To provide for occasional, temporary display and sales of retail merchandise and services on the exterior grounds of a permitted principal retail use within the Township; and
(2) 
To provide additional opportunities for retail businesses to highlight their merchandise and services and, thus, strengthen the overall business economy within the Township; and
(3) 
To ensure that the frequency, duration and location of temporary, occasional outdoor display and sales of retail merchandise and services does not result in significant negative impacts upon adjacent uses or the public at large.
B. 
Criteria for sidewalk sales. Sidewalk sales do not require a site plan approval but require a zoning permit, which shall be subject to the following criteria:
(1) 
The business that will conduct the sidewalk sale shall be a permitted principal use.
(2) 
Sidewalk sales shall only be permitted in nonresidential zones.
(3) 
Sidewalk sales shall take place on the same premises/lot as the "permanent" business to which it is related.
(4) 
Duration. A sidewalk sale shall not exceed 10 consecutive business days in duration.
(5) 
Frequency. No more than three permits shall be issued for a property to conduct sidewalk sales during a calendar year.
(6) 
Sidewalk sales shall conform to the following site control regulations:
(a) 
Merchandise, temporary structures or other elements related to a sidewalk sale shall be located no less than 20 feet from a residential property line.
(b) 
Merchandise, temporary structures or other elements related to a sidewalk sale shall not be located in such a manner as to create a minimum clearance that is less than three feet for pedestrian travel on walkways.
(c) 
Sidewalk sales may occupy up to 10% of an off-street parking lot but shall not occupy any barrier-free parking spaces or related access aisles; adequate vehicular access and illumination shall be maintained for the remainder of the parking lot that is not occupied by the sidewalk sale.
C. 
Submission requirements.
(1) 
Applicants shall submit a copy of a survey, a plot plan or a copy of an approved site plan for the property on which the sidewalk sale is to be conducted. The survey, plot plan or site plan should be clearly marked to depict the location and extent of the sidewalk sale so that the Zoning Officer may determine if the application meets the criteria of § 165-117.2B. Such depictions do not require the engagement of a design professional in order to satisfy this submission requirement.
[Added 9-11-2019 by Ord. No. 1134-19]
A. 
Purpose. The purposes of this section are as follows:
(1) 
To provide for occasional, temporary sale to the general public of a variety of locally grown or produced seasonal fruits and vegetables and value-added products, including but not limited to uncut, unprocessed produce and fruit, cut and/or potted flowers and shrubs, pickles, jams, honey, cheeses, meats, processed meat products, juices, ciders, teas, fruit butters, farm-baked cakes, cookies and pies, and ready-to-eat or ready-to-heat foods; and
(2) 
To provide an opportunity for local growers and producers to sell farm-fresh products to the public in order to promote healthy eating and education; and
(3) 
To provide local restaurants and retail businesses an opportunity to attract a variety of customers and to provide those customers with diverse offerings; and
(4) 
To ensure that the frequency, duration and location of the temporary sale of these products does not result in significant negative impacts on adjacent uses or the public at large.
B. 
Definition. For purposes of this section, the term "farmer's market" means a vendor or group of vendors offering for sale to the general public a variety of locally grown or produced seasonal fruits and vegetables and value-added products, including but not limited to uncut, unprocessed produce and fruit, cut and/or potted flowers and shrubs, pickles, jams, honey, cheeses, meats, processed meat products, juices, ciders, teas, fruit butters, farm-baked cakes, cookies and pies, and ready-to-eat or ready-to-heat foods.
C. 
Use permitted in all nonresidential zones. Notwithstanding any provisions of Clinton's land use regulations limiting the number of principal uses on a single lot, a farmer's market as defined herein shall be deemed a permitted use on all lots in all nonresidential zones of the Township even if there is another principal use on the lot, but subject to the terms and conditions set forth hereinbelow.
D. 
Terms and conditions.
(1) 
No such use may operate without having first obtained the approval of the Zoning Officer (as to compliance with the requirements of this chapter) and the Police Director or officer in charge (as to safety of ingress, egress, circulation, and traffic). Provided all of the terms and conditions set forth herein are satisfied, site plan approval shall not be required.
(2) 
Such use shall be permitted only on lots having an existing improved (paved or gravel) parking lot capable of holding at least 30 cars.
(3) 
Such use may only be conducted out of doors from temporary stands, stalls or vehicles, or within an existing structure.
(4) 
Such use may only be conducted between Memorial Day and Thanksgiving.
(5) 
Such use may only be conducted one day per week, during daylight hours only and for a maximum of four hours per day.
(6) 
All stands, stalls or vehicles used as part of the farmer's market shall be set back a minimum of 20 feet from any residential property line and 10 feet from any sidewalk or curbline where no sidewalk exists.
(7) 
No stand, stall or vehicle used as part of the farmer's market shall obstruct vehicular or pedestrian traffic in any way or occupy any barrier-free parking spaces or related access aisles.
(8) 
Vendors shall be required to comply with all applicable health, sanitation and food safety requirements and shall procure all licenses and permits as may be required in connection therewith.
(9) 
Every zoning permit application shall be accompanied by:
(a) 
A marked-up copy of a survey, plot plan or approved site plan for the property on which the farmer's market is to be conducted, which shall clearly identify the number of vendors and depict the location and extent of the stands, stalls or vehicles used in the farmer's market, the distance in feet from any sidewalk, curbline, or residential property line, the means of ingress and egress, and the location and amount of customer parking, as well as any traffic management measures (if applicable) and temporary signage (if applicable), which plan shall be subject to the review and approval of both the Zoning Officer and the Police Director or officer in charge.
(b) 
Evidence that all necessary permits, licenses or other outside approvals have been obtained.
(10) 
The farmer's market shall be conducted strictly in compliance with the approved plan and the requirements set forth in this section.
A. 
Short title. This article shall be known and cited as the Township of Clinton "Highlands Land Use Regulations."
B. 
Purpose. The purpose of this article is to effectuate the policies, goals and objectives of the Clinton Township Master Plan, while at the same time advancing the purposes of zoning as set forth in the New Jersey Municipal Land Use Law ("MLUL", N.J.S.A. 40:55D-1 et seq.), addressing the substantive goals and intents of the Highlands Water Protection and Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.), and satisfying the goals, requirements and provisions of the Highlands Regional Master Plan ("RMP").
C. 
Scope. The provisions of this article pertain to the use and development of lands located within the Clinton Township Highlands Area. The Highlands Area comprises that portion of the municipality for which the applicable provisions of the Clinton Township Master Plan, land use ordinances and other pertinent regulations have been deemed by the New Jersey Highlands Water Protection and Planning Council ("Highlands Council") to be in conformance with the Highlands RMP. This article governs certain land uses, development and redevelopment activities, and the management and protection of resources, including but not limited to water resources, natural resources, agricultural resources, scenic resources. The provisions of this article shall apply in conjunction with all other applicable ordinances, rules and regulations of the municipality. In the event of conflicting or less restrictive alternate provisions, the provisions of this article shall supersede. Under no circumstance shall this article supersede the Clinton Township Land Use Regulations Ordinance if the application of the provisions contained herein would result in densities, intensities or coverages that would exceed those maximums that are otherwise permitted by the Clinton Township Land Use Regulations Ordinance.
D. 
Statutory authority. This article is adopted under the authority of the MLUL and the Highlands Act. The Highlands Act provides authorities and responsibilities for municipal planning and development regulation that are complementary to those set forth under the MLUL. The MLUL gives authority to New Jersey municipalities to govern land use and development within their borders. The Highlands Act augments that authority to allow the municipality the power to enforce the goals, policies, objectives and programs of the Highlands RMP. The Highlands Act is designed to protect the natural and agricultural resources of the Highlands through a coordinated system of regional land use controls. The Highlands Act creates a system in which a regional plan is implemented primarily through local government units. The Highlands Act and the RMP together provide the regional perspective from which local decisions and actions will emanate.
E. 
Severability. If any section, sentence, clause or phrase of this article is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no way affect the validity of the ordinance as a whole, or of any other portion thereof.
F. 
When effective. This article shall take effect after final passage and publication in the manner required by law.
A. 
Applicability.
(1) 
The requirements of the Highlands Land Use Regulations shall apply to the use and development of all lands located within the Clinton Township Highlands Area. Specifically, this article shall apply to any application seeking approval of a site plan, subdivision, or change in use where approval of such application would:
(a) 
For residential development (see Definitions, § 165-117.6B), create three or more dwelling units, except as otherwise required herein for single and two-family development;
(b) 
For nonresidential development:
[1] 
Result in the ultimate disturbance of one acre or more of land;
[2] 
Produce a cumulative impervious surface area of 1/4 acre, or more; or
[3] 
Introduce or expand a use not permitted by this article.
(2) 
The criteria set forth in Subsection A(1)(a) and (b) above shall be interpreted to apply cumulatively over time beginning as of the effective date of this article. Should any of these thresholds be reached, the Ordinance shall apply to any and all development in excess of that threshold. For mixed-use development applications, the criteria provided in Subsection A(1)(b) shall apply to the whole of the project. The terms "residential development," "disturbance, ultimate," and "impervious surfaces, cumulative" as used above and throughout this article, are defined in § 165-117.6B.
(3) 
The provisions of this article shall apply in conjunction with, and as a supplement to, the Clinton Township Land Use Regulations Ordinance, development regulations, and all other rules, codes and regulatory provisions governing the use and development of land in the municipality. In the event of conflicting provisions, the provisions of this article shall supersede. Where provisions differ only by degree, the more restrictive of the applicable requirements shall supersede. Under no circumstance shall this article supersede the Clinton Township Land Use Regulations Ordinance if the application of the provisions contained herein would result in densities, intensities or coverages that would exceed those maximums that are otherwise permitted by the Clinton Township Land Use Regulations Ordinance.
B. 
Exclusions.
(1) 
This article shall not apply to any improvement including, but not limited to, an addition, garage, shed, driveway, porch, deck, patio, swimming pool, septic system or other similar accessory structure or use typically associated with a single-family dwelling in lawful existence as of the effective date of this article, provided that such improvement: a) is related and dedicated solely to the single-family residential use of either the dwelling or the property upon which it is situated; b) results in the ultimate disturbance of less than one acre of land; and c) produces a cumulative impervious surface area of less than 1/4 acre; where the phrases "disturbance, ultimate" and "impervious surfaces, cumulative" are defined as provided at § 165-117.6B. Such exclusions shall not be construed to alter, obviate or waive the requirements of any other applicable state or local law, rule, regulation or ordinance, including the Clinton Township Land Use Regulations Ordinance, rules and regulations applicable to the issuance of building permits, or the requirement of any municipal ordinance regulating the operation and maintenance of on-site septic systems.
(2) 
Should Clinton Township receive Highlands Council approval for a Highlands center designation, all property within the Highlands center boundary shall be exempt from these Highlands Land Use Regulations, and shall be subject to the specific Highlands center plan and ordinance requirements adopted for the center.
(3) 
In addition, this article shall not apply to the following exclusions:
(a) 
This article shall not apply to reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this article, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.
(b) 
This article shall not apply to any improvement or alteration to a building or other structure lawfully existing as of the effective date of this article, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act, or to otherwise provide accessibility to the disabled.
(c) 
This article shall not apply to the repair or maintenance of any building or other structure lawfully existing as of the effective date of this article. This exclusion shall not be construed to permit repairs or maintenance activities that alter the footprint of such building or structure.
(d) 
This article shall not apply to the interior improvement, rehabilitation, or modification of any building or other structure lawfully existing as of the effective date of this article. This exclusion shall not be construed to permit activities that alter the footprint of such building or structure.
(e) 
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this article shall not apply to any change in use of a building or other structure lawfully existing as of the effective date of this article. This exclusion shall not be construed to permit activities that alter the footprint of such building or structure.
(f) 
This article shall not apply to the attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air conditioning equipment, or to any other such improvement to a building or structure, provided it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at Subsection B(3)(a), above, for single-family dwellings. Furthermore, this exclusion shall not be construed to apply this article to single-family residential development with such features in excess of 50 square feet that are otherwise excluded or exempted from this article.
(g) 
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this article shall not apply to any application for which a Highlands Preservation Area Approval (defined at § 165-117.6B) has been issued by the New Jersey Department of Environmental Protection.
(h) 
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this article shall not apply to agricultural or horticultural use and development (as defined at § 165-117.6B).
(i) 
The provisions of this article shall not apply to property located within the Planning Area with regard to the maximum impervious coverage regulations set forth in Attachment 3, Schedule of Zoning Requirements, of Chapter 165 or provided elsewhere in Chapter 165 for any individual zone established in § 165-85, Establishment of Districts.
C. 
Major Highlands development. Any proposed project, development or activity that meets the definition of a major Highlands development (see Definitions, § 165-117.6B) is subject to all applicable requirements and provisions of the New Jersey Department of Environmental Protection (NJDEP) Highlands Water Protection and Planning Act Rules ("NJDEP Preservation Area Rules," N.J.A.C. 7:38-1 et seq.). By definition, such projects, developments and activities pertain solely to the Preservation Area of the Highlands Region. Nothing in this article shall be construed to waive, obviate, modify or otherwise exempt any covered project, development or activity, or any person(s) proposing or involved in such initiatives, from the provisions of the NJDEP Preservation Area Rules.
D. 
Non-major Highlands development. Non-major Highlands development constitutes any development not defined as a major Highlands development. Non-major Highlands development includes projects, development and activities in the Planning Area and in the Preservation Area. Any project, development or activity proposed within the Preservation Area or the Planning Area that does not meet the definition of a major Highlands development shall remain subject to the provisions of this article, as provided (with specified exclusions) pursuant to Subsection A above.
E. 
Exemptions. The activities, improvements and development projects listed below are herewith exempt from the provisions of this article, as specifically provided by the Highlands Act (at N.J.S.A. 13:20-28). These exemptions apply only to the specific activities, improvements and projects as described and listed herein, and with the exception of the exemption regarding federal military installations (no. 16), shall not be construed to apply across-the- board to any lot, tract or other division of land, whether existing or proposed at the time of passage of the Highlands Act. Neither shall such exemptions be construed to alter, obviate or waive the requirements of any other applicable state or local law, rule, regulation, development regulation or ordinance. Exemptions apply to both the Preservation Area and the Planning Area with the exception of exemption number 3 and number 17, which apply only to the Preservation Area.
(1) 
The construction of a single-family dwelling, for an individual's own use or the use of an immediate family member, on a lot owned by the individual on the date of enactment of the Highlands Act (August 10, 2004) or on a lot for which the individual entered into a binding contract of sale to purchase on or before May 17, 2004. (Note: the Highlands Act defines "an immediate family member" as a "spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the individual is related by blood, marriage, or adoption.")
(2) 
The construction of a single-family dwelling on a lot in existence on the date of enactment of the Highlands Act (August 10, 2004), provided that the construction does not result in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more.
(3) 
A major Highlands development that received, on or before March 29, 2004:
(a) 
One of the following approvals pursuant to the MLUL:
[1] 
Preliminary or final site plan approval;
[2] 
Final municipal building or construction permit;
[3] 
Minor subdivision approval where no subsequent site plan approval is required;
[4] 
Final subdivision approval where no subsequent site plan approval is required; or
[5] 
Preliminary subdivision approval where no subsequent site plan approval is required; and
(b) 
At least one of the following permits from the NJDEP, if applicable to the proposed major Highlands development:
[1] 
A permit or certification pursuant to the Water Supply Management Act, P.L. 1981, c. 262 (N.J.S.A. 58:1A-1 et seq.);
[2] 
A water extension permit or other approval or authorization pursuant to the Safe Drinking Water Act, P.L. 1977, c. 224 (N.J.S.A. 58:12A-1 et seq.);
[3] 
A certification or other approval or authorization issued pursuant to the The Realty Improvement Sewerage and Facilities Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.); or
[4] 
A treatment works approval pursuant to the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.); or
(c) 
NJDEP permits.
[1] 
One of the following permits from the NJDEP, if applicable to the proposed major Highlands development, and if the proposed major Highlands development does not require one of the permits listed in Subsection E(3)(b)[1] through [4] of this section:
[a] 
A permit or other approval or authorization issued pursuant to the Freshwater Wetlands Protection Act, P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.); or
[b] 
A permit or other approval or authorization issued pursuant to the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A. 58:16A-50 et seq.).
[2] 
The exemption provided in this subsection shall apply only to the land area and the scope of the major Highlands development addressed by the qualifying approvals pursuant to Subsection E(3)(a) and (b) or (c) if applicable, of this subsection; shall expire if any of those qualifying approvals expire; and shall be deemed to have expired if construction beyond site preparation did not commence within three years after the date of enactment of the Highlands Act (August 10, 2004).
(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 1/4 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.
(a) 
For purposes of this article, this exemption shall not be construed to permit multiple 125% footprint expansions, but rather, to permit one or more reconstruction activities cumulatively resulting in a maximum 125% increase in the footprint of the impervious surfaces lawfully existing on the site, provided they do not cumulatively exceed the one-quarter-acre limitation.
(b) 
For purposes of this article, the applicable date of lawful existence shall coincide with the date of enactment of the Highlands Act, or August 10, 2004.
(c) 
For purposes of this article, these provisions shall not be construed to exempt any change in use of such reconstructed building or structure from the applicable provisions of this article.
(5) 
Any improvement to a single-family dwelling in existence on the date of enactment of the Highlands Act (August 10, 2004), including but not limited to an addition, garage, shed, driveway, porch, deck, patio, swimming pool or septic system.
(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.
(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 the normal harvesting of forest products in accordance with a forest management plan approved by the State Forester.
(8) 
The construction or extension of trails with nonimpervious surfaces (or impervious surfaces in the Planning Area) on publicly owned lands or on privately owned lands where a conservation or recreational use easement has been established.
(9) 
The routine maintenance and operations, rehabilitation, preservation, reconstruction or repair of transportation or infrastructure systems by a state entity or local government unit, provided that the activity is consistent with the goals and purposes of the Highlands Act and does not result in the construction of any new through-capacity travel lanes.
(10) 
The construction of transportation safety projects and bicycle and pedestrian facilities by a state entity or local government unit, provided that the activity does not result in the construction of any new through-capacity travel lanes.
(11) 
The routine maintenance and operations, rehabilitation, preservation, reconstruction, repair or upgrade of public utility lines, rights of way, or systems, by a public utility, provided that the activity is consistent with the goals and purposes of the Highlands Act.
(12) 
The reactivation of rail lines and rail beds existing on the date of enactment of the Highlands Act (August 10, 2004).
(13) 
The construction of a public infrastructure project approved by public referendum prior to January 1, 2005, or a capital project approved by public referendum prior to January 1, 2005.
(14) 
The mining, quarrying, or production of ready-mix concrete, bituminous concrete, or Class B recycling materials occurring, or which are permitted to occur on any mine, mine site, or construction materials facility existing on June 7, 2004.
(15) 
The remediation of any contaminated site pursuant to P.L. 1993, c. 139 (N.J.S.A. 58:10B-1 et seq.).
(16) 
Any lands of a federal military installation existing on the date of enactment of the Highlands Act (August 10, 2004) that lie within the Highlands Region.
(17) 
A major Highlands development located within an area designated as Planning Area 1 (Metropolitan), or Planning Area 2 (Suburban), as designated pursuant to the State Development and Redevelopment Plan, P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.) as of March 29, 2004, or subsequent state development plan, that on or before March 29, 2004 was the subject of a settlement agreement and stipulation of dismissal filed in the Superior Court, or a builder's remedy issued by the Superior Court, to satisfy the constitutional requirement to provide for the fulfillment of the fair share obligation of the municipality. The exemption provided pursuant to this subsection shall expire if construction beyond site preparation has not commenced within three years after receiving all final approvals required pursuant to the MLUL.
F. 
Exemption determinations. Any applicant seeking approval of a permit or development application involving any activity, improvement, or development project listed above as a Highlands Act Exemption shall, as a condition of completeness where applicable, and in any case prior to review of such application by the approving municipal authority, provide sufficient proofs, as set forth under § 165-117.12A(2) of this article, that the proposed activity, improvement, or development project qualifies as a Highlands Act Exemption.
G. 
Prior development approvals.
(1) 
Preservation area. Any developer, owner or applicant (as applicable) associated with a development application that has received lawful approval(s) pursuant to the MLUL since the date of enactment of the Highlands Act (August 10, 2004) but prior to the effective date of this article shall retain all of the rights and protections accorded and prescribed under the MLUL with regard to such approval(s). These protections shall apply to the specific land area and scope of the approvals granted, in accordance with any conditions attached thereto, subject to the approvals of any applicable state, county or other outside agency having jurisdiction thereon including the NJDEP and specifically, the NJDEP Preservation Area Rules (N.J.A.C. 7:38) applicable to the Highlands Preservation Area, and shall expire if (and in such event, when) such approval expires. The provisions of this article shall not be construed to alter or infringe upon such unexpired approvals, and any nonconforming development ultimately resulting from such approvals shall be permitted to continue in accordance with all applicable MLUL provisions concerning nonconforming uses, buildings and structures (pursuant to Subsection H below).
(2) 
Planning area. Any developer, owner or applicant (as applicable) associated with a development application that has received lawful approval(s) pursuant to the MLUL prior to the effective date of this article shall retain all of the rights and protections accorded and prescribed under the MLUL with regard to such approval(s). These protections shall apply to the specific land area and scope of the approvals granted, in accordance with any conditions attached thereto, subject to the approvals of any applicable state, county or other outside agency having jurisdiction thereon, and shall expire if (and in such event, when) such approval expires. The provisions of this article shall not be construed to alter or infringe upon such unexpired approvals, and any nonconforming development ultimately resulting from such approvals shall be permitted to continue in accordance with all applicable MLUL provisions concerning nonconforming uses, buildings and structures (pursuant to Subsection H below).
H. 
Nonconforming uses, buildings and structures. Any nonconforming use, building or structure lawfully existing at the time of passage of this article shall be permitted to continue upon the lot or within the structure it so occupies, and any such structure may be restored or repaired in the event of its partial destruction, in accordance with the provisions of the MLUL and pursuant to any requirement of the Clinton Township Land Use Regulations Ordinance. For purposes of this article, the words, "restored" and "repaired" shall in no case be construed to mean "expanded."
A. 
Word usage. Terms used in the body of this article which are defined by the Highlands Act are intended to have the same definitions as provided in the Highlands Act. Unless expressly stated to the contrary or alternately defined herein, terms which are defined by the MLUL are intended to have the same meaning as set forth in the MLUL. For purposes of this article, the terms "shall" and "must" are indicative of a mandatory action or requirement while the word "may" is permissive.
B. 
Definitions. For purposes of this article the following definitions shall apply:
AGRICULTURAL IMPERVIOUS COVER
Agricultural or horticultural buildings, structures or facilities with or without flooring, residential buildings and paved areas, but not meaning temporary coverings.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction for the purposes of supporting common farmsite activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
AGRICULTURAL OR HORTICULTURAL USE
The use of land for common farmsite activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
APPLICANT
Any entity applying to the Board of Health, Planning Board, Zoning Board of Adjustment, Zoning Officer, Construction Official or other applicable authority of the municipality for permission or approval to engage in an activity that is regulated by the provisions of this article.
APPLICATION FOR DEVELOPMENT
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 permits 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).
AQUIFER
A geologic formation, group of formations, or partial formation containing saturated permeable rock, sand or gravel sufficient to store and transmit usable quantities of water to wells and springs.
ARCHAEOLOGICAL RESOURCES
Any material remains of past human life or activities which are of archaeological interest, such as tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items.
BEST MANAGEMENT PRACTICES (BMP)
Structural or nonstructural methods used to prevent or reduce the movement of sediment, nutrients, pesticides and other pollutants from the land to surface or groundwater.
BUILDING PERMIT
Used interchangeably with the term "construction permit." See definition below.
CADB
County Agriculture Development Board.
CARBONATE ROCK
Rock consisting chiefly of calcium and magnesium carbonates, such as limestone and dolomite.
CLEAR-CUTTING
A forestry or logging practice in which most or all of the trees in a harvest area are cut down.
CLUSTER PROJECT AREA
All of the individual parcels from which development is clustered including the area set aside for preservation and the area set aside for development.
CLUSTER/CONSERVATION DESIGN DEVELOPMENT
A development design technique where principal buildings and structures are grouped together on a portion of the cluster project area, while the remaining land area is permanently deed-restricted in agricultural use, for conservation of environmental resources, or as open space for environmental protection including public recreational use.
COMMUNITY BASED ON-SITE WASTEWATER FACILITIES
Sanitary sewerage treatment facilities (i.e., domestic treatment works) that discharge treated wastewater to groundwaters as regulated by a NJPDES permit under N.J.A.C. 7:14, which provide service to one or more parcels that are approved and constructed as a single development or planned development.
CONDITIONAL WATER AVAILABILITY
The amount of water availability allowed in a deficit HUC14 subwatershed, subject to certain mitigation requirements, as determined by the Highlands Council.
CONSTRUCTION PERMIT
A permit issued pursuant to the New Jersey Uniform Construction Code, Chapter 23 of Title 5 of the New Jersey Administrative Code (N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject to the conditions and requirements established under the provisions therein.
CONSUMPTIVE WATER USE
Any use of water that results in its evaporation, transpiration, incorporation into products or crops, consumption by humans or animals, or removal by any other means from a watershed or subwatershed, other than by conveyances as untreated water supply, potable water, or wastewater.
CONTAMINANT
A substance capable of causing contamination of a water supply.
CONTAMINATION
The presence of any harmful or deleterious substances in the water supply, including but not limited to hazardous substances, hazardous wastes, and substances listed in the New Jersey Administrative Code at N.J.A.C. 7:9C (Ground Water Quality Standards), N.J.A.C. 7:9B (Surface Water Quality Standards) and N.J.A.C. 7:10 (New Jersey Safe Drinking Water Act Regulations), and as these regulations may be amended from time to time.
CULTURAL RESOURCES
Sites, artifacts, or materials that relate to the way people live or lived; for example, archaeological sites, rock carvings, ruins, and the like. These resources are generally defined based on existing documentation or artifacts discovered relating to activities of people who lived, worked, or recreated in an area during a period in history.
CURRENT DEFICIT AREA
A HUC 14 subwatershed characterized by negative net water availability, meaning that existing consumptive and depletive water uses exceed the capacity of the groundwater supply to sustain them.
DEFORESTATION
The conversion of forested areas to nonforested areas, whether for use as urban land, or any other nonforest land use; disturbance of an area characterized as "forest" pursuant to the procedures provided in Appendix A, herein,[1] the extent or effect of which is to disqualify the area from such designation.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed; or if defined by the underlying municipal Zoning Ordinance, as provided therein.
DENSITY, SEPTIC SYSTEM
The gross acreage of land area required per individual septic system to physically contain and support its functions in keeping with the specified wastewater design flow.
DEPLETIVE WATER USE
Use of water whereby it is withdrawn from a HUC14 subwatershed and transported outside of the subwatershed (through utility conveyances as untreated water supply, potable water, or wastewater), resulting in a net loss of water to the subwatershed from which it originated.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the MLUL.
DEVELOPMENT SET ASIDE OF CLUSTER PROJECT AREA
All of the individual parcels within the area set aside for residential development including the infrastructure, open space, and utilities necessary to support the development pursuant to the requirements of § 165-117.11A(5).
DISCHARGE
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.
DISSOLUTION
A space or cavity in or between rocks, formed by the solution of part of the rock material.
DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation. (Pursuant to § 165-117.9B(5)(b) of this article, when considering land for conversion to nonagricultural land uses in a Highlands open water buffer, historic or current agricultural land uses shall not be considered "land improvements," "development," "land disturbances," or "land uses" for purposes of calculating the previously disturbed area.)
DISTURBANCE, ULTIMATE
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.
ENDANGERED SPECIES
Species included on the list of endangered species that the NJDEP promulgates pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-13 et seq., and the Endangered Plant Species List Act, N.J.S.A. 13:1B-15.151 et seq., and any species or subspecies of wildlife appearing on any federal endangered species list or any species or subspecies of plant designated as listed, proposed, or under review by the federal government pursuant to the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.
ENVIRONMENTAL LAND USE OR WATER PERMIT
A permit, approval, or other authorization issued by the Department of Environmental Protection pursuant to the Freshwater Wetlands Protection Act, P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.), the Water Supply Management Act, P.L. 1981, c. 262 (N.J.S.A. 58:1A-1 et seq.), the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.), the Realty Improvement Sewerage and Facilities Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.), the Water Quality Planning Act, P.L. 1977, c. 75 (N.J.S.A. 58:11A-1 et seq.), the Safe Drinking Water Act, P.L. 1977, c. 224 (N.J.S.A. 58:12A-1 et seq.), or the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A. 58:16A-50 et seq.). (N.J.S.A. 13:20-3.)
EXISTING CONSTRAINED AREAS
Stream flows within any HUC14 subwatershed(s) upstream of a current deficit area.
FARM CONSERVATION PLAN
A site-specific plan that prescribes needed land treatment and related conservation and natural resource management measures, including forest management practices, that are determined to be practical and reasonable for the conservation, protection, and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of nonpoint source pollution.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
FARMLAND SOILS OF LOCAL IMPORTANCE
Farmland of local importance includes those soils that are not prime or of statewide importance and are used for the production of high-value food, fiber or horticultural crops.
FARMLAND SOILS OF STATEWIDE IMPORTANCE
Farmlands of statewide importance include those soils in NRCS Land Capability Class II and III that do not meet the criteria as prime farmland. These soils are nearly prime farmland and economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce yields as high as prime farmland if conditions are favorable.
FARMLAND SOILS, IMPORTANT
Soils based on soil data prepared by the USDA NRCS including the following four classifications: prime farmland soils, farmland soils of statewide importance, unique farmland soils, and farmland soils of local importance.
FARMLAND SOILS, PRIME
Prime farmlands include all those soils in NRCS Land Capability Class I and selected soils from Land Capability Class II. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed according to acceptable farming methods; prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding.
FARMLAND SOILS, UNIQUE
Soils used for special crops (such as cranberries in the New Jersey Pinelands). Unique soils are determined on a statewide basis by the State Soil Conservation Committee.
FARMSITE
A farm management unit as defined herein.
FLOOR AREA
The area of each floor of a building lying within the inside perimeter of its exterior walls excluding vent shafts, courts, and unfinished areas such as basements or attics having ceiling heights less than that required for habitable space under the building code.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site; or if defined by the underlying Zoning Ordinance, as provided therein.
FOREST
A biological community as determined by the method set forth under Appendix A,[2] as adapted from NJDEP Preservation Area Rules, at N.J.A.C. 7:38-3.9.
FOREST AREA, TOTAL
The percentage of total area that is covered in forest.
FOREST AREA, UPLAND
A biological community that is a "forest," as defined above, and that is not located in an area designated as Highlands Open Waters (i.e., not a forested wetland or other Highlands Open Waters).
FOREST INTEGRITY
An expression of the application of landscape metrics to evaluate the effects of forest fragmentation across the landscape, thereby recognizing the ability of forests to provide essential ecosystem functions.
FOREST MANAGEMENT PLAN
A written guidance document describing the forest resources present on a property, the landowner's management goals and objectives, and the recommended practices or activities to be carried out over time on the land. This tool is used to evaluate a forest land's current state and provide a management process which, over time, meets the landowner's objectives, while maintaining health and vigor of the resource. Forest management plans are typically written for a ten-year period.
FOREST PATCH
A contiguous tract of forest bordered by either altered land or a road.
FOREST PATCH, MEAN DISTANCE TO CLOSEST (MDCP)
The average edge-to-edge distance between distinct forest patches located within a 1,000-foot search radius of one another. The MDCP provides a measure of forest patch isolation within the landscape area of interest.
FOREST, CORE
The area and percent of a forest patch that is greater than 300 feet from a forest edge.
GROUNDWATER
Water contained in the interconnected voids of a saturated zone in the ground. A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water greater than or equal to atmospheric pressure.
GROUNDWATER AVAILABILITY
The total amount of water assigned by the Highlands Council to a HUC14 subwatershed that can be used for consumptive and depletive water uses by water uses that do not draw from water supplies with a NJDEP-approved safe yield.
HABITAT VALUE
The value of an ecosystem area for maintenance of a healthy population of a species as determined by quantity, quality, type, and function.
HAZARDOUS SUBSTANCE
Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 [Clean Water Act] (Public Law 92-500; 33 U.S.C. § 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and as these regulations may, from time to time, be amended. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
The determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4) indicating 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
That portion of the municipality for which the land use planning and regulation are in conformance with, or are intended or proposed to be in conformance with, the Highlands RMP.
HIGHLANDS HISTORIC AND CULTURAL RESOURCE INVENTORY
The listing of historic, cultural and archaeological resources within the Highlands Region, including, but not limited to, all properties listed on the New Jersey or National Register of Historic Places; all properties which have been deemed eligible for listing on the New Jersey or National Register of Historic Places; and all properties for which a formal opinion of the State Historic Preservation Office (SHPO) has been issued.
HIGHLANDS OPEN WATERS
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 defined in the Borough/Township/Town Environmental Resource Inventory.
HIGHLANDS OPEN WATERS BUFFER
In the preservation area, a 300-foot buffer adjacent to Highlands Open Waters in which no disturbance is permitted, except as provided in N.J.A.C. 7:38-3.6. In the Planning Area, a 300-foot buffer around all Highlands Open Waters from the edge of the discernible bank of the Highlands Open Waters feature, or from the centerline of that feature where no discernible bank exists. With respect to wetlands and other Highlands Open Waters features, the feature shall include a protection buffer of 300 feet, measured from the mapped wetlands (not from the wetlands buffer) delineated in a letter of interpretation or Highlands resource area determination, as applicable, as provided by NJDEP.
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
An approval issued by the NJDEP pursuant to N.J.A.C. 7:38-6 pertinent to a regulated activity in the Highlands preservation area, including an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b. Highlands preservation area approval includes Highlands general permits issued pursuant to N.J.S.A. 13:20-33d and promulgated at N.J.A.C. 7:38-12. HPAA, when used in this article, includes Highlands general permits unless explicitly excluded.
HIGHLANDS PUBLIC COMMUNITY WATER SUPPLY SYSTEM
Public water supply systems in the Highlands Region that pipe water for human consumption to at least 15 service connections or that regularly serve at least 25 year-round residents.
HIGHLANDS REDEVELOPMENT AREA
A property, portion of a property, or group of properties designated as such by the Highlands Council and which includes one or more of the following: a) a brownfield site; b) a grayfield site; and c) any previously developed site in the Highlands Region. A Highlands redevelopment area may include the intervening or surrounding lands which are significantly affected by or necessary to support such sites, and is subject to a Highlands Council-approved redevelopment plan setting forth the scope and details of any redevelopment project(s) and/or activities permitted to occur.
HIGHLANDS RESOURCE AREA DETERMINATION (HRAD)
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 SCENIC RESOURCE INVENTORY
The inventory of regionally significant lands within the Highlands Region that encompasses elements of high scenic quality worthy of protection, as approved by the Highlands Council.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC RESOURCES
Buildings, structures, objects, districts, sites, or areas that are significant in the history, architecture, archaeology, engineering or culture of a place or time.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration of any portion or group of the foregoing of historical, archaeological, cultural, scenic, or architectural significance.
HUC
Hydrologic Unit Code; identification number developed by the USGS to designate drainage basins including watersheds and subwatersheds.
HUC14 SUBWATERSHED
A delineated subwatershed area identified by a fourteen-digit HUC, within which water drains to a particular receiving surface water body.
IMMEDIATE FAMILY MEMBER
A spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption.
IMPERVIOUS SURFACE
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, motor vehicle surface and other similar structures, surfaces, or improvements.
IMPERVIOUS SURFACES, CUMULATIVE
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.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system regulated under N.J.A.C. 7:9A for disposal of sanitary sewage into the ground which is designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a disposal field, disposal bed, or disposal trench or trenches. The term "septic system" is equivalent in meaning.
KARST
A distinctive topography that indicates solution of underlying carbonate rocks (such as limestone and dolomite) by surface water or groundwater over time, often producing surface depressions, sinkholes, sinking streams, enlarged bedrock fractures, caves, and underground streams.
LIGHT DETECTION AND RANGING (LiDAR)
Technology that uses an active sensor, similar to radar that transmits laser pulses to a target and records the time it takes for the pulse to return to the sensor receiver. This technology is used for high-resolution topographic mapping.
LINEAR DEVELOPMENT
Infrastructure, utilities and the associated rights-of-way therefor, including but not limited to such installations as railroads, roads, sewerage and water supply pipelines, stormwater management pipes and channels, natural gas and liquid fuel pipelines, electric, telephone and other transmission lines, and in all cases, the associated rights-of-way therefor.
LOW-IMPACT DEVELOPMENT
An environmentally sensitive approach to land use planning that uses a variety of landscape and design techniques to manage development activities to mitigate potential adverse impacts on the natural environment.
MAJOR HIGHLANDS DEVELOPMENT
Except as otherwise provided pursuant to Subsection a. of Section 30 of the Highlands Act ("Exemptions"): (1) any nonresidential development in the preservation area; (2) any residential development in the preservation area that requires an environmental land use or water permit (from the NJDEP, see definition above) or that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more; (3) any activity undertaken or engaged in the preservation area that is not a development but results in the ultimate disturbance of 1/4 acre or more of forested area or that results in a cumulative increase in impervious surface by 1/4 acre or more on a lot; or (4) any capital or other project of a state entity or local government unit in the preservation area that requires an environmental land use or water permit (from the NJDEP, see definition above) or that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more. Major Highlands development shall not include any agricultural or horticultural development or agricultural or horticultural use. Solar panels shall not be included in any calculation of impervious surface. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq, as amended.)
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
Land uses and activities determined by the Highlands Council to pose a major risk of groundwater contamination (see Appendix B[3]).
MASTER PLAN
For purposes of this article, all references to the "Township Master Plan," "master plan," or "Master Plan," refer to the municipal master plan, as adopted by the Township Planning Board.
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
For purposes of this article, all references to the Highlands Regional Master Plan (RMP) shall be by use of the words "Highlands Regional Master Plan," "Highlands RMP," "Regional Master Plan," or "RMP."
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
Land uses and activities determined by the Highlands Council to pose a minor risk of groundwater contamination (see Appendix C[4]).
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPAL LAND USE LAW (MLUL)
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NJ SOIL EROSION AND SEDIMENT CONTROL ACT RULES
Regulations adopted by the State Soil Conservation Committee at N.J.A.C. 2:90-1, incorporating requirements for best management practices regarding temporary and permanent soil erosion control.
NJDA
New Jersey Department of Agriculture.
NJDA AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS RULES
The regulations established by the NJDA to implement requirements of the Highlands Act, titled and codified at N.J.A.C. 2:92.
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
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.
NJDOT
New Jersey Department of Transportation.
NJPDES
New Jersey Pollutant Discharge Elimination System.
NJPDES PERMIT
A permit issued by the NJDEP authorizing certain discharges to ground or surface waters of the State of New Jersey pursuant to the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., as amended, and its implementing rules at N.J.A.C. 7:14A.
NONCONFORMING LOT
Any lot having an area, dimension or location which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
Any structure having a size, dimension or location which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a municipal zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONPUBLIC WELL
Any water supply well used for potable purposes other than a public community or noncommunity water supply well.
NONSTRUCTURAL STORMWATER MANAGEMENT
Techniques and practices devised to manage stormwater runoff and reduce pollution levels, without extensive construction efforts. Nonstructural management strategies often mimic the natural hydrology of a site and utilize site planning and design to accomplish stormwater control.
NRCS
Natural Resources Conservation Service of the United States Department of Agriculture.
OPERATIONS AND CONTINGENCY PLAN
A management plan prepared in support of an existing or proposed major or minor potential contaminant source (PCS), that: a) documents the specific PCS(s) existing or proposed for a particular site; b) describes the types and quantities of substances and/or wastes expected to be used, discharged or stored on the site; c) indicates the means by which spillage, leakage or discharge of such materials will be prevented; d) provides the means or methods to be used to contain or remedy any accidental spill, leak, discharge or migration of such materials from the site directly or indirectly into groundwater, surface water bodies, or the land surfaces that provide recharge to the underlying aquifer; e) indicates the procedures to be undertaken to notify the appropriate administrative authorities, including but not limited to the NJDEP and the Board of Health, regarding any accidental spillage or discharge of such materials; and f) demonstrates that best management practices have been incorporated into the design and management of both the site and the particular PCS(s) it contains to ensure against such discharges.
PERSON
Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency or an agent or employee thereof.
PLANNING AREA
Lands within the Highlands Region that are not located in that portion designated by the Highlands Act as the "Preservation Area" (see metes and bounds description at N.J.S.A. 13:20-7b). For purposes of this article, this terminology shall also be used to refer to Planning Area lands located solely within the Township.
POTENTIAL CONTAMINANT SOURCE (PCS)
Activity or land use that may be a source of a contaminant that has the potential to move into groundwater withdrawn from a well.
PRESERVATION AREA
Lands within the Highlands Region that are located in that portion designated by the Highlands Act as the "Preservation Area" (see metes and bounds description at N.J.S.A. 13:20-7b). For purposes of this article, this terminology shall also be used to refer to Preservation Area lands located solely within the Township.
PRESERVATION SET ASIDE OF CLUSTER PROJECT AREA
All of the individual parcels within the area set aside for preservation that must be deed-restricted against further subdivision pursuant to the requirements of § 165-117.11A(4).
PUBLIC COMMUNITY WATER SYSTEM
A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
PUBLIC COMMUNITY WELL
A well that provides water to a public water system serving at least 15 service connections used by year-round residents or regularly serving at least 25 year-round residents.
PUBLIC NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community water system and is either a "public nontransient noncommunity water system" or a "public transient noncommunity water system" as defined herein.
PUBLIC NONCOMMUNITY WELL
A well that is not a public community well and that provides water to a public water system regularly serving at least 25 individuals for at least 60 days in any given calendar year.
PUBLIC NONTRANSIENT NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community water system and that regularly serves at least 25 of the same persons for more than six months in any given calendar year.
PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community or a public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.
PUBLIC WATER SYSTEM
A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily for at least 60 days out of the year. Such term includes any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "public community water system" or a "public noncommunity water system" as defined herein.
RARE SPECIES
Wildlife species that are not endangered or threatened wildlife species but are considered by the NJDEP to be species of special concern as determined by a panel of experts, or that are ranked S1 (critically imperiled in New Jersey because of extreme rarity), S2 (imperiled in New Jersey because of rarity), S3 (rare in New Jersey), G1 (critically imperiled globally), G2 (imperiled globally because of rarity) or G3 (globally very rare and local throughout its range or found locally in a restricted range) in the Natural Heritage Database, and Plant Species of Concern listed pursuant to N.J.A.C. 7:5C-3.1.
REFORESTATION
The restoration (replanting) of a forest that has been reduced by fire, cutting, or any other cause.
RESIDENTIAL DEVELOPMENT
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 multifamily housing construction. For purposes of this article, 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.
RESOURCE MANAGEMENT SYSTEM PLAN
A site-specific conservation system plan that: (1) prescribes needed land treatment and related conservation and natural resource management measures, including forest management practices, for the conservation, protection, and development of natural resources, the maintenance and enhancement of agricultural and horticultural productivity, and the control and prevention of nonpoint source pollution; and (2) establishes criteria for resources sustainability of soil, water, air, plants, and animals.
REVIEWING BOARD
The municipal Planning Board or Zoning Board of Adjustment, as applicable, established pursuant to N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-69 respectively, or any committee formally designated and authorized to act on behalf of such Board pursuant to other provisions of the MLUL (e.g., Minor Subdivision Committee of a Planning Board).
RIPARIAN AREA
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 groundwater, and including wildlife passage corridors within 300 feet of surface Highlands Open Waters features.
RIPARIAN AREA WILDLIFE CORRIDOR
A 300-foot corridor on each mapped stream bank or from the stream centerline if no stream bank is mapped.
RIPARIAN AREA, FLOOD-PRONE PORTION
Areas delineated by the Highlands Council based on NJDEP flood-prone and FEMA Q3 flood area mapping (NJDEP 1996, FEMA 1996) including USGS documented (by prior flood events) and undocumented flood-prone areas and Federal Emergency Management Agency (FEMA) 100-year floodplain.
RIPARIAN SOILS
Soils associated with Highlands Open Waters that are hydric, alluvial, or exhibit a shallow depth to seasonal high water table.
RMP UPDATE
A factual update to the Highlands Regional Master Plan based upon receipt of new, corrected or updated factual information and verification by the Highlands Council.
SADC
State Agriculture Development Committee.
SCD
Soil Conservation District, as established in accordance with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.
SCENIC RESOURCES
Sites and landscapes that are distinctive and remarkable for their geology, topography, history, culture, and aesthetics or can be representative of the defining character of a community. They may include prominent ridgelines, mountainsides or hillsides, panoramic vistas, community gateways and landmarks, river valleys, and agricultural landscapes.
SEDIMENTATION
The process of deposition of a solid material from a state of suspension or solution in a fluid (usually air or water).
SEPTIC SYSTEM
A system regulated by N.J.A.C. 7:9A for disposal of sanitary sewage into the ground which is designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a disposal field, disposal bed, or disposal trench or trenches. The term "individual subsurface sewage disposal system" is equivalent in meaning.
SEWER SERVICE AREA (SSA)
The land area identified in an areawide water quality management plan from which generated wastewater is designated to flow to a domestic treatment works or industrial treatment works. A distinct sewer service area is established for each domestic treatment works and industrial treatment works.
SHORELINE
The ordinary high water mark, or point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic.
SITE DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
SLOPE (or GRADE)
An area of land forming an incline; a measure used to describe the degree of inclination of an area of land; the difference in vertical elevation ("rise") of a land area occurring over a specified horizontal distance ("run"). For example, a land area having a one-foot vertical rise over a ten-foot horizontal run has a slope of 10%. A ten-foot vertical rise over a twenty-five-foot horizontal run indicates a slope of 40%.
SLOPE, STEEP
Any slope having a grade of 15% or more or, if situated in a riparian area, of 10% or more.
SLOPES, CONSTRAINED
All non-riparian area lands having a slope of 15% to less than 20% which are nonforested and exhibit one or more of the following characteristics: a) highly susceptible to erosion; b) shallow depth to bedrock; or c) a Soil Capability Class indicative of wet or stony soils.
SLOPES, LIMITED CONSTRAINED
All non-riparian area lands having a slope of 15% to less than 20%, which are nonforested, are not highly susceptible to erosion, and do not have a shallow depth to bedrock or a Soil Capability Class indicative of wet or stony soils.
SLOPES, MODERATELY CONSTRAINED
All forested non-riparian area lands having a slope of 15% to less than 20%.
SLOPES, SEVERELY CONSTRAINED
All lands having slopes of 20% or greater and all lands within riparian areas having slopes of 10% and greater.
SOIL CAPABILITY CLASS
Soil class designated by the United States Department of Agriculture (USDA) Soil Survey, available from the Natural Resource Conservation Service and containing descriptions of soil series on a county-by-county basis (available online at www.sdmdataaccess.nrcs.usda.gov).
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq, as amended.)
SPECIES OF SPECIAL CONCERN
Wildlife species identified by the NJDEP that warrant special attention because of evidence of population decline or inherent vulnerability to environmental deterioration or habitat modification that would result in the species becoming threatened if conditions surrounding the species begin or continue to deteriorate. The term includes species for which there is little knowledge of current population status in the state.
STORMWATER MANAGEMENT RULES
NJDEP rules at N.J.A.C. 7:8 that set forth the required components of regional and municipal stormwater management plans and establish the stormwater management design and performance standards for new (proposed) development.
STRUCTURE
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.
SUBSIDENCE SINKHOLES
Sinkholes formed by the downward settlement of unconsolidated overburden into openings in underlying, soluble bedrock.
SURFACE WATER
Any waters of the State of New Jersey which are not groundwater.
SUSTAINABLE AGRICULTURE
An integrated system of plant and animal production practices having a site-specific application that will over the long-term: (a) satisfy human food and fiber needs; (b) enhance environmental quality and the natural resource base upon which the agricultural economy depends; (c) make the most efficient use of nonrenewable resources and on-farm resources and integrate, where appropriate, natural biological cycles, and controls; (d) sustain the economic viability of farm operations; and (e) enhance the quality of life for farmers and society as a whole (1990 Farm Bill).
TECHNICAL SERVICE PROVIDER (TSP)
Professionals from outside of the United States Department of Agriculture that are certified by the NRCS to assist agricultural producers in applying conservation measures.
THREATENED SPECIES
An indigenous nongame wildlife species of New Jersey designated pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-13 et seq., and its implementing rules, N.J.A.C. 7:25-4.17, as most recently amended.
TIME OF TRAVEL
The average time that a volume of water will take to travel through the zone of saturation from a given point to a pumping well.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The pollutant loading that a surface water body may assimilate without violating NJDEP Surface Water Quality Standards (N.J.A.C. 7:9B) and a determination of the extent to which pollutant loadings to a water body must be reduced to restore that water body to a water quality that complies with the Surface Water Quality Standards. A TMDL includes an allocation of allowable pollutant loads to specific point sources (wasteload allocations) and categories of nonpoint sources (load allocations), after subtraction of a margin of safety and, where appropriate, a reserve capacity (for future pollutant loads).
VIEWSHED
An area of land, water or other physical features visible from a fixed vantage point.
WASTEWATER UTILITY
A publicly, privately, or investor-owned utility that collects and may treat sanitary wastewater, as regulated by the NJDEP.
WATER AVAILABILITY, CONDITIONAL
The amount of water availability allowed in a deficit HUC14 subwatershed, subject to certain mitigation requirements, as determined by the Highlands Council.
WATER AVAILABILITY, NET
The value assigned by the Highlands Council to a HUC14 subwatershed resulting from subtracting consumptive and depletive surface and groundwater uses from groundwater availability.
WATER CONSERVATION
Implementation of BMPs to ensure maximum water use efficiency and reduction in water use and losses; measures may include low-impact development techniques, water conserving fixtures, water valves, beneficial re-use systems and capture of stormwater.
WATER QUALITY MANAGEMENT PLAN (WQMP)
A plan prepared pursuant to Sections 208 and 303 of the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1288 et seq. and 1313 respectively), and the Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., including the Statewide WQMP, or Areawide or County WQMP as defined under N.J.A.C. 7:15.
WATER USE AND CONSERVATION MANAGEMENT PLAN
A planning document approved by the Highlands Council to ensure the sound use and management of water resources. Water use and conservation management plans document the current state of water availability and use in the subwatersheds of interest, set priorities for the use and protection of available water, and establish methods to reduce and, where feasible, eliminate net water availability deficits where they exist.
WATER-DEPENDENT USES
Any use or activity that cannot physically function without direct access to the body of water along which it is proposed. An activity that can function on a site not adjacent to the water is not considered water-dependent regardless of the economic advantages that may be gained from a waterfront location.
WELLHEAD
The well, borehole, and appurtenant equipment for a public community well, public noncommunity well, or nonpublic well within a cluster of nonpublic wells.
WHPA
Wellhead protection area.
ZONE OF SATURATION
A layer within or below the soil profile which is saturated with groundwater either seasonally or throughout the year.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
A. 
Highlands Preservation Area and Planning Area. The Highlands Act establishes the Preservation Area and Planning Area of the Highlands Region. It describes the varied attributes of each and sets forth the major land use planning goals that pertain to the lands located within each. The Act defines the geographic extent of the Highlands Region to include the aggregated land area making up its constituent municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation of the Preservation Area by use of a specific metes and bounds description (N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands Region as the Planning Area.
(1) 
Highlands Area. The Clinton Township Master Plan incorporates the Highlands Preservation Area and Planning Area, inclusive of the goals applicable to each, as an integral component of the planning and land use policies of the municipality. For purposes of this article, these areas shall henceforth be known and designated as the Clinton Township "Highlands Area."
(2) 
Preservation Area. The Preservation Area, to the full extent of its limits within the Clinton Township Highlands Area, is herewith adopted and established as an overlay to municipal zoning.
(3) 
Planning Area. The Planning Area, to the full extent of its limits within the Clinton Township Highlands Area, is herewith adopted and established as an overlay to municipal zoning.
A.1. 
Highlands Centers. The Highlands Regional Master Plan ("Highlands RMP") allows municipalities to designate Highlands Centers as a planning tool to encourage development and redevelopment in appropriate areas which typically include access to utilities and regional transportation. The intent is to provide a balance between providing support for managed economic growth while discouraging development in environmentally sensitive areas to protect critical natural and cultural resources. The Highlands Centers established hereinbelow were incorporated in an amendment to the Township's Petition for Plan Conformance, which was ultimately approved by the Highlands Council in June 2022.
[Added 5-10-2023 by Ord. No. 1184-2023]
(1) 
In accordance with New Jersey Highlands Council Resolution No. 2022-12, adopted June 16, 2022, and the provisions of the Highlands RMP, the following Highlands Centers as described below, are hereby established as overlays to municipal zoning:
(a) 
Annandale Highlands Center. The Annandale Highlands Center is generally located east of the Township's border with the Town of Clinton and generally surrounding the New Jersey Transit train station in Annandale, as depicted on the Clinton Township Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(b) 
Northern Route 31 Highlands Center. The Northern Route 31 Highlands Center generally lies to the north of the Town of Clinton along New Jersey State Highway Route 31, also as depicted on the Clinton Township Zoning Map.
(2) 
Highlands Center policies. Throughout both Highlands Centers, the policies applicable to the Existing Community Zone, as depicted on the Highlands RMP Land Use Capability Map ("LUCM"), shall apply to the entirety of the Centers, except for those areas designated Highlands Environmental Resource Zones pursuant to § 165-117.7A.2 below.
A.2. 
Highlands Environmental Resource Zones ("HERZ"). A Highlands Environmental Resource Zone is an area intended by the Highlands RMP to delineate the most environmentally sensitive resources within a Highlands Center and protect those areas through the application of Protection Zone criteria. The Clinton Township Highlands Environmental Resource Zones are hereby created and established as an overlay to municipal zoning, as further described hereinbelow:
[Added 5-10-2023 by Ord. No. 1184-2023]
(1) 
The Township HERZ, in the aggregate, contain approximately 100 acres of designated land areas within the Annandale Highlands Center and Northern Route 31 Highlands Center, as depicted on the map denoted Appendix G, Exhibit 10.[2] The Protection Zone policies set forth in these Highlands Regulations (§§ 165-117.4 through 165-117.14) shall apply within the HERZ.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Within the HERZ, existing developed land uses that are dependent upon individual on-site subsurface septic disposal systems shall be eligible for connection to the public wastewater collection and treatment system when capacity of those utilities become available. Such connections shall be consistent with the use and intensity of development on individual lots dependent upon individual on-site wastewater treatment systems in existence as of June 16, 2022.
B. 
Highlands Zones and Sub-Zones. The Highlands RMP establishes three primary zones (the Protection Zone, Conservation Zone and Existing Community Zone) and four sub-zones (Wildlife Management Sub-Zone, Conservation Zone - Environmentally Constrained Sub-Zone, Existing Community Zone - Environmentally Constrained Sub-Zone and Lake Community Sub-Zone) each with its own purpose, application and development criteria. Delineation of Highlands Zones finds basis in the underlying natural resources, the extent of existing development and supporting infrastructure, and the potential to support new development and redevelopment. Highlands Zones are intended to ensure that the density and intensity of future development and redevelopment do not exceed the capacity of the land, natural resources and existing infrastructure to support them. The Clinton Township Master Plan incorporates the Highlands zones and sub-zones as an integral component of the planning and land use policies of the municipality. In keeping with the Land Use Plan Element of the Clinton Township Master Plan, the following Highlands Zones and Sub-Zones are herewith established as overlays to existing municipal zoning:
(1) 
Protection Zone. The Protection Zone contains the highest quality natural resource value lands of the Highlands Area. Lands in the Protection Zone are essential to maintaining water quality, water quantity and sensitive ecological resources and processes and have limited or no capacity to support human development without adversely affecting overall ecological function. Land acquisition is a high priority for lands in the Protection Zone and development activities will be extremely limited. Any development will be subject to stringent limitations on consumptive and depletive water use, degradation of water quality, and impacts to environmentally sensitive lands and natural resources.
(2) 
Wildlife Management Sub-Zone. The Wildlife Management Sub-Zone, a sub-zone of the Protection Zone, consists of areas managed by the United States Fish and Wildlife Service as part of the National Wildlife Refuge System, and lands within the Wildlife Management Area System administered by the NJDEP Division of Fish and Wildlife's Bureau of Land Management. These areas are part of a network of lands and waters for conservation, management, and, where appropriate, restoration of fish, wildlife and plant resources and their habitats. Lands within the Wildlife Management Sub-Zone are intended for compatible wildlife-dependent recreational uses such as hunting, fishing, wildlife observation and photography, and environmental education and interpretation.
(3) 
Conservation Zone. The Conservation Zone consists of areas with significant agricultural lands interspersed with associated woodlands and environmental features that should be preserved when possible. The Conservation Zone is intended primarily for agricultural use and development, including ancillary and supporting uses and activities. Nonagricultural development activities will be limited in area and intensity due to infrastructure constraints and resource protection goals. Where nonagricultural development does occur, it must be compatible with agricultural uses.
(4) 
Conservation Zone - Environmentally Constrained Sub-Zone. The Conservation Zone - Environmentally Constrained Sub-Zone consists of lands containing significant environmental features within the Conservation Zone that should be preserved and protected from nonagricultural development. Development activities will be limited and subject to stringent limitations on consumptive and depletive water use, degradation of water quality, and impacts to environmentally sensitive lands.
(5) 
Existing Community Zone. The Existing Community Zone consists of areas of concentrated development representing existing communities. These areas tend to have limited environmental constraints due to previous development patterns and may have existing infrastructure that can support additional development or redevelopment. Where served by adequate supporting infrastructure, lands within the Existing Community Zone are suited to higher densities and intensities of development than other zones.
(6) 
Existing Community Zone - Environmentally Constrained Sub-Zone. The Existing Community Zone - Environmentally Constrained Sub-Zone consists of significant contiguous critical habitat, steep slopes and forested lands within the Existing Community Zone that should be protected from further fragmentation. They serve as regional habitat "stepping stones" to larger contiguous critical habitat and forested areas. As such, they are not appropriate for significant development, and are best served by land preservation and protection. Development is subject to stringent limitations on consumptive and depletive water use, degradation of water quality, and impacts to environmentally sensitive lands.
(7) 
Lake Community Sub-Zone. The Lake Community Sub-Zone consists of that portion of the Existing Community Zone that lies within 1,000 feet of all lakes of 10 acres or more in surface area. The purpose for the sub-zone is to protect and enhance water quality, resource features, shoreline recreation, scenic quality, and community character. This sub-zone incorporates unique regulatory requirements to prevent degradation of water quality, harm to lake ecosystems, and watershed pollution, while promoting natural aesthetic values within the Existing Community Zone.
C. 
Highlands Resource and Special Protection Areas. 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 Highlands Element of 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 Highlands Element of the Clinton Township Master Plan, the following Highlands Resource Areas and Special Protection Areas are herewith established as overlays to municipal zoning:
(1) 
Forest Resource Area. The Forest Resource Area contains high ecological value forest areas including forested areas having the least fragmentation which are vital to the maintenance of ecological processes. The Forest Resource Area includes forested areas characterized by one or more of the following forest integrity indicators: a contiguous forest patch of 500 acres or more; an area consisting of 250 contiguous acres or more of core forest; or areas accounting for 45% or more of mean total forest cover.
(2) 
Highlands Open Waters. Highlands Open Waters consist of 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 Highlands categories (including springs, streams, and wetlands) as described and defined in the Clinton Township Environmental Resource Inventory.
(3) 
Riparian Areas. Riparian Areas are areas adjacent to and hydrologically interconnected with Highlands Open Waters rivers and streams. They consist of floodprone areas, wetlands, soils that are hydric, alluvial, or have a shallow depth to groundwater. Riparian Areas also include wildlife passage corridors within 300 feet of surface Highlands Open Waters features.
(4) 
Steep Slope Protection Area. The Steep Slope Protection Area is comprised of those portions of the Highlands Area encompassing a minimum of 5,000 square feet of contiguous area, which are characterized either by grades of 15% or greater, or, if in a Riparian Area, 10% or greater. The Steep Slope Protection Area includes the following sub-classifications:
(a) 
Severely constrained slopes. All lands having slopes of 20% or greater and lands within Riparian Areas having slopes of 10% and greater.
(b) 
Moderately constrained slopes. All forested non-Riparian Area lands having a slope of 15% to less than 20%.
(c) 
Constrained slopes. All non-forested, non-Riparian Area lands having a slope of 15% to less than 20% and exhibiting one or more of the following characteristics: a) highly susceptible to erosion; b) shallow depth to bedrock; or c) a Soil Capability Class indicative of wet or stony soils.
(d) 
Limited constrained slopes. All non-forested, non-Riparian Area lands having a slope of 15% to less than 20%, which are not highly susceptible to erosion, and do not have a shallow depth to bedrock or a Soil Capability Class indicative of wet or stony soils.
(5) 
Critical Habitat. Critical Habitat is comprised of all land areas in the Highlands Area designated as Critical Wildlife Habitat, Significant Natural Areas, and Vernal Pools, including Vernal Pool Buffers. Each of these is established as an overlay to municipal zoning.
(a) 
Critical Wildlife Habitat. Within the Planning Area, Critical Wildlife Habitat consists of those areas within NJDEP's Landscape Project Version 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.
(b) 
Significant Natural Areas. Significant Natural Areas consist 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.
(c) 
Vernal Pools. Areas designated as Vernal Pools consist of NJDEP-certified vernal pools plus a one-thousand-foot-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.
(6) 
Carbonate Rock Areas. Carbonate Rock Areas consist of those portions of the Highlands Area that are underlain by carbonate rock, such as limestone and dolomite. Inclusion of lands within a Carbonate Rock Area does not imply the presence of karst features area-wide, but is indicative of the potential for solution of underlying carbonate rock by surface or groundwater, over time.
(7) 
Lake Management Area. The Lake Management Area is defined to include the drainage area of all Highlands Area lakes having a surface area of greater than 10 acres. The Lake Management Area includes the following sub-classifications:
(a) 
Shoreland Protection Tier. The Shoreland Protection Tier consists of the lands surrounding a lake that lie within 300 feet of its shoreline, or between the shoreline and the nearest property line adjacent to and alongside of the lake, whichever is the lesser.
(b) 
Water Quality Management Tier. The Water Quality Management Tier consists of the lands surrounding and draining to a lake that lie within 1,000 feet of its shoreline. This tier includes the Shoreland Protection Tier.
(c) 
Scenic Resource Tier. The Scenic Resource Tier consists of the lands surrounding a lake that lie within 300 feet of its shoreline (the Shoreland Protection Tier) plus any lands within 1,000 feet of its shoreline that fall within the viewshed observable from the opposite shoreline. The limits of such viewsheds require mapped delineations based upon the topography of such lands, with the highest observable elevations, forming the viewshed perimeter.
(d) 
Lake Watershed Tier. The Lake Watershed Tier consists of the entirety of the land area draining to a lake, as determined through the evaluation of drainage areas using LiDAR topographic analysis or other topographic data where LiDAR data are not available.
(8) 
Prime Groundwater Recharge Areas. Prime Groundwater Recharge Areas consist of those lands having the highest groundwater recharge rates within each HUC14 subwatershed (as indicated by analysis using the GSR-32 methodology of the New Jersey Geological Survey), and that cumulatively provide 40% of the total recharge volume for the subwatershed.
(9) 
Wellhead Protection Areas. Wellhead Protection Areas consist of those areas surrounding a public water system well, from which groundwater flows to the well and groundwater contamination, if it occurs, may pose a significant threat to the quality of water withdrawn from the well. Wellhead Protection Areas are composed of three tiers reflecting the time required for groundwater to flow into the well, as follows:
(a) 
Wellhead Protection Area Tier 1. That area of land within a Wellhead Protection Area (WHPA) from which the flow of groundwater to the well has a time of travel of two years.
(b) 
Wellhead Protection Area Tier 2. That area of land within a WHPA from which the flow of groundwater to the well has a time of travel of five years.
(c) 
Wellhead Protection Area Tier 3. That area of land within a WHPA from the flow of groundwater to the well has a time of travel of 12 years.
(10) 
Agricultural Resource Area. The Agricultural Resource Area consists of those areas of the most concentrated and contiguous agricultural uses as determined based on the prevalence of active farms, contiguous farming units of 250 acres or more, and the presence of Important Farmland Soils.
(11) 
Highlands Scenic Resources. Highlands Scenic Resources consist of those properties, sites, and viewsheds listed in the Highlands Scenic Resources Inventory. These include but are not limited to national historic landmarks and publicly owned federal, state and county parks, forests, and recreation areas.
D. 
Adoption of Highlands Area District Maps. All Highlands Area Districts as set forth under Subsections A through C, above, including Planning and Preservation Areas, Zones and Sub-Zones, Resource Areas and Special Protection Areas, are hereby established by the designation, location and boundaries as set forth for each respectively, in the following maps, each of which is hereby declared to be a part of this Highlands Area Land Use Chapter:
(1) 
Township Highlands Area, Zones, and Sub-Zones. Map entitled "Township of Clinton Highlands Area, Highlands Zones and Sub-Zones," dated March 2012, depicting the municipality along with delineation of the Preservation Area, Planning Area, and Highlands Zones and Sub-Zones as provided by the Highlands Council (Appendix G, Exhibit 1).[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Highlands Area Resource and Special Protection Areas. Series of maps depicting the Resource and Special Protection Areas listed at Subsection C(1) through (11) above, and also including related features and areas as discussed and defined in § 165-117.9 of this article; dated March 2012 (unless otherwise specifically noted), as provided by the Highlands Council (Appendix G).[4]
(a) 
"Forest Resource Area, Total Forest Area." Map depicting that portion of the Township Highlands Area designated as Forest Resource Area (pursuant to Subsection C(1) above) and including Total Forest Area (as defined at § 165-117.9A); map denoted Appendix G, Exhibit 2.[5]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b) 
"Highlands Open Waters, Lake Management Areas." Map depicting Highlands Open Waters located wholly or partially within the Township Highlands Area (pursuant to Subsection C(2) above); and Lake Management Areas which include lakes having a surface area greater than 10 acres and associated lake management tiers, including representative Scenic Resource Tier (i.e., non-delineated; 1,000 feet from estimated shoreline) (pursuant to Subsection C(7) above); map denoted Appendix G, Exhibit 3.[6]
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
"Riparian Area, Riparian Subwatershed Integrity Areas." Map depicting Riparian Areas (pursuant to Subsection C(3) above) located within the Township Highlands Area and including Riparian Subwatershed Integrity Areas (as defined at § 165-117.9C); map denoted Appendix G, Exhibit 4.[7]
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
"Steep Slope Protection Area." Map depicting those portions of the Township Highlands Area having 5,000 square feet or more of contiguous surface area in steep slopes (pursuant to Subsection C(4) above); map denoted Appendix G, Exhibit 5.[8]
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
(e) 
"Critical Wildlife Habitat, Significant Natural Areas, Vernal Pools." Map depicting those portions of the Township Highlands Area designated as Critical Wildlife Habitat (pursuant to Subsection C(5)(a) above); those portions of the Township Highlands Area designated as Significant Natural Areas (pursuant to Subsection C(5)(b) above); and Vernal Pool locations (by center-point only, non-delineated), including representative Vernal Pool Buffers (1,000 feet from center point), located within the Township Highlands Area (pursuant to Subsection C(5)(c) above); map denoted Appendix G, Exhibit 6.[9]
[9]
Editor's Note: Said appendix is included as an attachment to this chapter.
(f) 
"Carbonate Rock Area, Prime Groundwater Recharge Area, Wellhead Protection Areas." Map depicting those portions of the Township Highlands Area designated as Carbonate Rock Areas (pursuant to Subsection C(6) above); those portions of the Township Highlands Area designated as Prime Groundwater Recharge Areas (pursuant to Subsection C(8) above); and the location of public water system wells within the Township Highlands Area and the associated wellhead protection tiers surrounding them (pursuant to Subsection C(9) above); map denoted Appendix G, Exhibit 7.[10]
[10]
Editor's Note: Said appendix is included as an attachment to this chapter.
(g) 
"Agricultural Resource Area." Map depicting those lands of the Township Highlands Area designated by the Highlands Council as Agricultural Resource Area (pursuant to Subsection C(11) above); map denoted Appendix G, Exhibit 8.[11]
[11]
Editor's Note: Said appendix is included as an attachment to this chapter.
(h) 
"Highlands Historic, Cultural and Archaeological Resources, Highlands Scenic Resources." Map depicting properties located within the Township Highlands Area that are listed in the Highlands Scenic Resources Inventory (pursuant to Subsection C(13) above); map denoted Appendix G, Exhibit 9.[12]
[12]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
E. 
Interpretation of District Maps boundary lines. All Highlands Area District Maps, as set forth at Subsection D above, have been developed by the Highlands Council using Geographic Information System (GIS) digital data. The provisions herein shall apply to the interpretation and use of Highlands Area District Maps and the boundary lines they specify.
(1) 
Municipal boundary lines. The Highlands Act relies upon municipal boundary lines to designate the limits of the Highlands Region. The Highlands Council dataset establishing municipal boundary lines was created by dissolving parcel level polygons (GIS) for each of the 88 municipalities within New Jersey Highlands. Parcels from the following counties have a general accuracy of plus or minus five feet: Bergen, Passaic, Somerset, Sussex, and Warren. Data from Hunterdon and Morris were provided by the counties and may have a different accuracy level. This dataset is for representative purposes only. Where the specific delineation of any municipal boundary line comes into question, municipal information such as metes and bounds surveys shall be relied upon for any final determination.
(2) 
Clinton Township Highlands Area. The Clinton Township Highlands Area, Highlands Zones and Sub-Zones map (Subsection D(1), above) provides the Highlands Preservation Area Boundary as described by the Highlands Act (N.J.S.A. 13:20-7a). To digitize the survey description, the Highlands Council used the Highlands Parcel Base, the NJDEP Hydrographic Layer for 2002, and the NJDOT Local Road Files from 2005 as references. In accordance with the Highlands Act, any natural geographical feature, including a river, stream or brook, used in the boundary description of the Preservation Area is considered to lie totally within the Preservation Area, while any road, railroad or railroad right-of-way is considered to lie totally outside of the Preservation Area. The use of property block and lot designations include or exclude property from the Preservation Area, as described. Where a survey gore exists between a property boundary depicted upon a municipal tax map and the limits of a surveyed property noted in the Preservation Area description, the surveyed property boundary description is considered to constitute the Preservation Area boundary.
(a) 
Additionally, the Preservation Area does not include land located within the boundaries of any regional center or town center designated by the State Planning Commission pursuant to the State Planning Act, P.L. 1985, c.398 (N.J.S.A. 52:18A-196 et al.) as of the date of enactment of the Highlands Act, except to the extent necessary as set forth in the boundary description of the Preservation Area to reflect appropriate and nearest practicable, on-the-ground, and easily identified reference points.
(3) 
Highlands Zones, Sub-Zones, Resource Areas, Special Protection Areas. The boundaries delineated for all Highlands Zones, Sub-Zones, Resource Areas, and Special Protection Areas were developed by the Highlands Council based on the factors noted in the description of each, above. Further discussion is provided in the Clinton Township Environmental Resource Inventory and in the Highlands Element of the Clinton Township Master Plan.
(4) 
Mapping conflicts. In the event of a conflict concerning the location of any Highlands District boundary line, the delineations provided by the Highlands Council as adopted herein shall be determinative. Modifications may be requested of the Highlands Council through submittal of an RMP update, map adjustment, or Highlands Center Designation in such manner as required by the Highlands Council, or as specifically provided otherwise in this article. In the event of any conflict concerning the Preservation Area boundary line, the metes and bounds description provided by the Highlands Act shall govern, with any discrepancy or dispute residing under the shared jurisdiction of the Highlands Council and the NJDEP. In the event of a conflict concerning the delineation of any parcel plotted by the Highlands Council using GIS software, a current property survey shall be determinative.
A. 
Applicability. The provisions of this Article modify the regulations applicable to the underlying Clinton Township Zoning Districts, with specific regard to permitted uses, conditionally permitted uses, prohibited uses, and densities and intensities of development.
B. 
Use regulations. All principal and accessory uses permitted or conditionally permitted by the underlying Clinton Township Land Use Regulations Ordinance shall remain in effect as provided therein, except to the extent that such uses may be modified or eliminated by the provisions of this section. Any and all principal and accessory uses prohibited by the underlying Clinton Township Land Use Regulations Ordinance shall remain prohibited as provided therein, unless specifically designated as a permitted use by the provisions of this section. The lists of permitted, conditionally permitted and prohibited uses of the underlying Clinton Township Land Use Regulations Ordinance are herewith amended as necessary to provide for the use allowances and use restrictions that follow.
(1) 
Permitted uses. The permitted uses applicable to that portion of any municipal Zoning District overlain by the Highlands District classifications listed below shall be modified in accordance with the provisions that follow. In addition, any use permitted by the underlying zoning that is cited at Subsection B(2) or (3) below, shall be amended in accordance with the provisions set forth therein.
(a) 
All Highlands Zones and Sub-Zones. Where the development of any new or expanded principal or accessory use that is permitted by the underlying Clinton Township Land Use Regulations Ordinance is made physically infeasible due to the maximum density of development requirements at Subsection C, below, such use shall no longer apply as a permitted use. Where the septic system density allowance calculated pursuant to Subsection C would permit a maximum of one dwelling unit for a given parcel, for example, but the underlying Clinton Township Land Use Regulations Ordinance would permit construction of a multifamily project (such as townhomes or garden apartments) which by definition would contain more than one dwelling unit, the permitted use would be made physically infeasible and must no longer be considered a permitted use. This provision shall apply only to the extent that the Highlands Zone or Sub-Zone from which the density requirement derives, intersects with the affected underlying municipal Zoning District. Where the development type remains feasible, its status as a permitted use shall remain, provided that the applicable density allowances shall be those of Subsection C.
(b) 
Agricultural resource area.
[1] 
With the exception of any forested portion of the Agricultural Resource Area that is also designated as a Forest Resource Area, permitted principal uses shall be supplemented to include the agricultural and horticultural uses (defined at § 165-117.6B) specified at § 165-117.9J(3), below. Accessory uses permitted in conjunction with these uses shall include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses.
[2] 
The permitted principal residential use for any underlying Clinton Township Zoning District which permits single-family residential development as a principal use shall be restricted solely to residential cluster development in accordance with the Residential Cluster Development standards as set forth at § 165-117.11A, below. This provision shall apply only if the minimum threshold requirements for residential cluster development pursuant to § 165-117.11A(6) can be satisfied. Where the minimum threshold requirements of § 165-117.11A(6) cannot be satisfied, permitted principal residential uses shall remain as permitted by the underlying municipal zoning ordinance.
[3] 
Permitted principal uses shall include the continuance of any lawfully existing residential use permitted by the underlying Clinton Township Land Use Regulations Ordinance as of the effective date of this article.
(2) 
Conditional uses. The conditional uses applicable to that portion of any Clinton Township Zoning District overlain by the Highlands District classifications listed below shall be modified in accordance with the provisions that follow. In addition, any use conditionally permitted by the underlying zoning that is cited at Subsection B(1) above or Subsection B(3) below, shall be amended in accordance with the provisions set forth therein.
(a) 
All Highlands Zones and Sub-Zones. Where the development of any principal or accessory use that is conditionally permitted by the underlying Clinton Township Land Use Regulations Ordinance is made infeasible by the density of development requirements of Subsection C, below, such use shall no longer be considered a conditionally permitted use. (See example at Subsection B(1)(a), above.) This provision shall apply only to the extent that a Highlands Zone or Sub-Zone from which the density requirement derives intersects with the affected underlying Clinton Township Zoning District. Where the development type remains feasible, its status as a conditionally permitted use shall remain, provided that the applicable density and intensity allowances shall consist of those at Subsection C.
(3) 
Prohibited uses. The prohibited uses applicable to that portion of any Clinton Township Zoning District overlain by the Highlands District classifications listed below shall be modified as necessary to comport with the provisions that follow. These provisions shall not apply to Appendix B Major PCS #17 pertaining to livestock, to Appendix C Minor PCS #12 pertaining to agricultural chemical storage, or to Appendix C Minor PCS#14 pertaining to livestock.[1]
(a) 
Carbonate rock area. The following principal or accessory uses and structures related or devoted to such uses, where otherwise permitted by the underlying Clinton Township Land Use Ordinance, are expressly prohibited from any portion of the Carbonate Rock Area or from any lands identified as draining into a designated Carbonate Rock Area:
[1] 
Landfills;
[2] 
Hazardous waste storage and disposal facilities;
[3] 
Hazardous materials storage and handling facilities; and
[4] 
Underground storage tanks.
(b) 
Prime Groundwater Recharge Area. Any principal or accessory use, or structure related or devoted to such use, which is designated as a major potential contaminant source (PCS) by the Highlands Council (see Appendix B[2]), where otherwise permitted by the municipal ordinance, is expressly prohibited from any portion of the Prime Groundwater Recharge Area, including, but not limited to, the following:
[1] 
Landfills;
[2] 
Facilities for the permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills;
[3] 
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials; and
[4] 
Industrial treatment lagoons.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
Wellhead Protection Area, Tier 1. 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) or as a potential source of pathogenic contaminants (see Appendix B and Appendix C[3]), where otherwise permitted by the municipal ordinance, is expressly prohibited from any portion of a Tier 1 Wellhead Protection Area lying within 200 feet of the wellhead.
[3]
Editor's Note: Said appendixes are included as attachments to this chapter.
(d) 
Wellhead Protection Area, Tier 2. Any principal or accessory use, or structure related or devoted to such use, which is designated as a Major Potential Contaminant Source (PCS) by the Highlands Council (see Appendix B[4]), where otherwise permitted by the municipal ordinance, shall be expressly prohibited from any portion of a Tier 2 Wellhead Protection Area lying within 200 feet of the wellhead.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C. 
Density and intensity of development. The provisions of this section are intended to ensure that development in the Highlands Area occurs at densities and intensities that are appropriate to the water supply and wastewater treatment options available to support it. These provisions shall serve as a check on the various density/intensity provisions of the underlying Clinton Township Land Use Regulations Ordinance, which shall remain in effect to the extent not specifically in conflict with these provisions. The density/intensity allowances of the underlying Clinton Township Land Use Regulations Ordinance provisions reflect the intents and purposes set forth for the municipal zoning districts as established by the Clinton Township Master Plan and the effectuating Land Use Ordinances. They define and support the intended character and patterns of development for each district, setting forth the relationship between built form in a district and the lot or lots on which it is situated. The provisions of this section relate solely to ensuring that such development: a) does not exceed the capacity of the land, resources and infrastructure available to support it; and b) is designed to minimize land disturbance and protect natural resources. The yield, density, and intensity of any proposed use shall not exceed the yield, density, or intensity of use otherwise permitted under the Land Use Regulations Ordinance of Clinton Township.
(1) 
Use of terms. For purposes of these provisions, density of development standards refer to requirements of the underlying Clinton Township Land Use Regulations Ordinance that regulate the permitted number of dwelling units per acre of land, whether specifically defined as density standards or set forth as minimum lot size requirements for application to specific zoning districts. Intensity of development standards refer to those requirements used to define the relationship between the permitted extent, form and location of development of a lot, to the size, shape and configuration of the lot on which it is situated (e.g., floor area ratio, building coverage, building height, yard setbacks, number of stories).
(2) 
Applicability. Changes to the density or intensity standards of the underlying Clinton Township Land Use Regulations Ordinance required pursuant to this section shall not apply to development in the Highlands Area that is lawfully existing or approved as of the effective date of adoption of this article (pursuant to § 165-117.5H and G above, respectively). These provisions shall apply, however, if modifications or improvements to such existing development constitute a major Highlands development in the Preservation Area involving installation of a new septic system. For other than major Highlands development, these provisions shall apply if such modifications or improvements result in, for residential development (or any residential portion thereof), an increase in the number of residential units, or, for nonresidential development (or any nonresidential portion thereof), an increase in water demand by an average of 400 gallons per day or more, or for septic system yield by an average of 300 gallons per day or more. These provisions are expressly intended to apply to any change in use of an existing structure or structures, and require a determination as to any net increase. Where such a change converts a residential use to nonresidential use, or vice versa, equivalent dwelling unit figures shall be applied to determine whether the change in use will result in a net increase in either water availability or septic system demand. For septic system demand, the equivalent dwelling unit wastewater flow shall be an average 300 gallons per day, while for water availability, the equivalent dwelling unit flow shall be an average 400 gallons per day. The yield, density, and intensity of any proposed use shall not exceed the yield, density, or intensity of use otherwise permitted under the Land Use Regulations Ordinance of Clinton Township.
(3) 
Base mapping. Base maps regarding water availability and wastewater treatment capacity appear in the technical information provided in the Conservation and Utility Services Plans of the Highlands Element of the Clinton Township Master Plan. These maps are combined into one for purposes of this article, denoted in Appendix G,[5] Exhibit 10 and herewith adopted and incorporated, as titled: "Net Water Availability by HUC14 Subwatershed, Highlands Domestic Sewerage Facilities, Public Community Water Systems."
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4) 
Development subject to water availability. Any proposed increase in the demand for water supply averaging 6,000 gallons per day or more, deriving from groundwater sources or from surface water sources that are not associated with a NJDEP-approved safe yield, shall be accompanied by a finding of sufficient water capacity, which finding shall be issued by the Highlands Council. This provision shall apply to all development as defined at § 165-117.6B, expressly including any change in use and modifications to existing uses. Specific requirements pertinent to new development reliant upon groundwater supplies may be found at § 165-117.9G. For purposes of determining net increases in water demand associated with modifications to existing uses pursuant to these requirements, the following unit/square footage figures shall apply as 400-gallon-per-day equivalents:
(a) 
Residential uses (all types): one dwelling unit.
(b) 
Office and commercial uses: 2,400 square feet of floor area.
(c) 
Industrial (including warehousing/distribution) uses: 18,182 square feet of floor area (excluding process wastewater flow).
(5) 
Development served by septic systems.
(a) 
Major Highlands Development in the Preservation Area. Development proposals involving new or increased demand for septic system capacity for major Highlands development in the Preservation Area shall be regulated in accordance with this section. These provisions shall override any density, intensity, bulk, or other standard of the underlying Clinton Township Land Use Ordinance that would permit a septic system density in excess of that as provided herein. Nothing herein shall be deemed to apply to the replacement or repair of an existing septic system.
[1] 
NJDEP Preservation Area rules apply. Any new individual subsurface disposal system (or aggregate of equivalent disposal units as provided at N.J.A.C. 7:38) proposed to serve a major Highlands development shall be authorized only by the NJDEP in accordance with NJDEP Preservation Area Rules (N.J.A.C. 7:38) and all other applicable requirements. In the case of any such system proposed in service to a cluster development, the provisions at Subsection C(5)(a)[11][d], below shall also apply. The applicable septic system density requirements appear at Subsection C(5)(a)[3], below.
[2] 
Cluster development. In addition to the gross septic system density requirements of Subsection C(5)(a)[3] below, any cluster development reliant upon individual wells (see Residential Cluster Development at § 165-117.11A) shall be subject to a net septic system density limitation, calculated on the basis of the developed portion of a site, as provided at Subsection C(5)(b), below. The septic system density shall not exceed that necessary to ensure that nitrate dilution for the developed portion of the site is maintained at 10 mg/L, or less. For purposes of this calculation, model inputs (see Subsection C(5)(b), below) shall include the requirements of Subsection C(5)(b), below, while the nitrate target shall be 10 mg/L.
[3] 
Septic system density requirements. A new individual subsurface disposal system or aggregate of equivalent disposal units where the sanitary wastewater design flow is 2,000 gallons per day or less shall be permitted only in accordance with the density limitations, at Subsection C(5)(c)[a] through [d], below. Forest under this subsection shall be identified and calculated as provided at Appendix A (from N.J.A.C. 7:38-3).[6] For the purposes of this subsection, "equivalent disposal unit" means for residential development, one system serving one single-family home sized in accordance with the Standards for Individual Subsurface Sewage Disposal Systems, Volume of Sanitary Sewage, at N.J.A.C. 7:9A-7.4; or for nonresidential development or residential development comprising structures other than single-family homes, 500 gallons of wastewater per day generated for the development type, as determined in accordance with N.J.A.C. 7:9A-7.4 (provided at Appendix F).[7]
[a] 
On a lot that contains all forest, there shall be no more than one individual subsurface disposal system or equivalent disposal unit for each 88 acres of the lot;
[b] 
On a lot that does not contain forest, there shall be no more than one individual subsurface disposal system or equivalent disposal unit for each 25 acres of the lot;
[c] 
For the purposes of this subsection, the acreage of a lot shall be the total area of the lot(s) on which the proposed development is located as described by deed(s) or subdivision plat(s) on file with the municipal or county clerk.
[d] 
For a lot containing both forest and nonforest areas, the total number of allowable individual subsurface disposal systems or equivalent disposal units permitted on the lot shall be determined by calculating the number of acres of the lot that are forest (as determined in accordance with Appendix A,[8] from N.J.A.C. 7:38-3.9) and dividing that number by 88; calculating the remaining number of acres of the lot that are not forest and dividing that number by 25; and then summing the results. If the sum results in a fraction, the number shall be rounded down to the nearest whole number in order to determine the number of permitted individual subsurface disposal systems or equivalent disposal units.
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
[e] 
For purposes of this section, noncontiguous lots in existence as of August 10, 2004, may be aggregated such that the number of individual subsurface disposal systems or equivalent disposal units that would be permitted under this section on one or more of the aggregated lots is transferred to one or more of the aggregated lots provided:
[i] 
The proposed development on the lot or lots to receive the transferred individual subsurface disposal systems or equivalent disposal units complies with all federal, state and local laws;
[ii] 
The proposed development on the lot or lots to receive the transferred individual subsurface disposal systems or equivalent disposal units does not require a waiver of any requirement of N.J.A.C. 7:38 and is constructed in accordance with the Highlands Act and N.J.A.C. 7:38, inclusive of 3% maximum impervious surface limitations;
[iii] 
The lots to be aggregated under this paragraph are all located in the Preservation Area and within the same HUC 14; and
[iv] 
The lot or lots from which the individual subsurface disposal systems or equivalent disposal units are to be transferred are subject to a conservation restriction against future disturbance provided in accordance with N.J.A.C. 7:38-6.3.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4] 
Additional septic system requirements. In addition to the requirements above, individual subsurface sewage disposal systems or equivalent disposal units shall satisfy the Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A) without extraordinary measures, including replacement of disposal field soil with permeable material or mounding of a disposal field to achieve the required depth to groundwater or confining layer.
(b) 
Planning Area Development and Non-Major Highlands Development in the Preservation Area. Development proposals involving new or increased demand for septic system capacity in the Planning Area, and for non-Major Development in the Preservation Area, shall be regulated in accordance with this subsection. These provisions shall override any density, intensity, bulk, or other standard of the underlying Clinton Township Ordinance that would otherwise permit a septic system density or use of septic system yield in excess of that as provided herein. These provisions shall apply equally in the case of any agricultural or horticultural development application proposing a new septic system to serve a residential dwelling unit (or accessory dwelling unit). Nothing herein shall be deemed to apply to the replacement or repair of an existing septic system, however. In no circumstance shall the yield, density, and intensity of any proposed use exceed the yield, density, or intensity of use otherwise permitted under the Land Use Ordinance of Clinton Township.
[1] 
Septic system density requirements. Septic system density (gross acres per septic system) shall not exceed that necessary to ensure compliance with the nitrate dilution allowances established below, for each Highlands Zone and Sub-Zone. Development proposals shall be evaluated on a project specific basis for compliance with these requirements, using the methodology provided herein.
[2] 
Maximum nitrate dilution allowances.
[a] 
Existing Community Zone (and Sub-Zones): two mg/L.
[b] 
Conservation Zone (and Sub-Zones): 1.87 mg/L.
[c] 
Protection Zone (and Sub-Zones): 0.72 mg/L.
[3] 
Nitrate dilution model. To determine the minimum land area required per septic system (or per-unit increase in required septic system capacity), a drought recharge-based nitrate dilution model shall be applied. This model is available through the Highlands Council website (see link within Municipal Instructions for Plan Conformance, Module 6 at: http://www.highlands.state.nj.us/njhighlands/planconformance/). It derives from two independent methods: a mass-dilution (modified Trela-Douglas) model and the New Jersey Geological Survey's (NJGS) groundwater-recharge method. The model provides the minimum number of acres required per septic system (applied as an average density) to ensure that recharge is sufficient to achieve nitrate dilution targets.
[4] 
Input factors. The following factors, representative of a one-family household, or average wastewater generation of 300 gallons per day, shall be used as inputs to the nitrate dilution model:
[a] 
Household size of four persons;
[b] 
Average nitrate loading of 10 pounds per person per year; and
[c] 
Drought groundwater recharge for the HUC14 subwatershed as dilution.
[5] 
Model output. The model output indicates 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.
[6] 
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): one dwelling unit.
[b] 
Deed-restricted senior citizen residential units, or mobile home parks with dwelling units less than 500 square feet in size: 1.5 dwelling units.
[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 nonresidential uses by facility type: In lieu of the items in Subsection C(5)(b)[6][c] or [d], above, 300 gallon-per-day equivalents may be computed based on the average sewage volumes provided in Appendix F, from N.J.A.C. 7:9A-7.4.
[7] 
Septic system yield. The maximum septic system yield shall be determined by dividing the total area of the subject property by the minimum average acreage required per septic system (or per unit/floor area equivalent), as determined by the nitrate dilution model. Where the development application proposes unit or floor area equivalents (or any combination thereof) in a quantity equal to or less than the calculated septic system yield, it shall be deemed compliant with this section. If a project site is located within more than one HUC14 subwatershed, the nitrate dilution model shall be run for each portion of the site using the drought groundwater recharge applicable to each HUC14, respectively, with separate septic system yields computed accordingly.
[8] 
Floor area. For the purposes of this subsection, floor area shall comprise the area of each floor of a building lying within the inside perimeter of its exterior walls excluding vent shafts, courts, and unfinished areas such as basements or attics having ceiling heights less than that required for habitable space under the building code.
[9] 
Lot area. For the purposes of this subsection, the acreage of a lot shall be the total area of the lot(s) on which the development is proposed to be located as described by deed(s) or subdivision plat(s) on file with the municipal or county clerk.
[10] 
Application of results.
[a] 
Detached one- or two-family residential development. Where the underlying density (or minimum lot size) allowances of the municipal Zoning Ordinance would otherwise permit a greater number of units, the septic system density and septic system yield resulting from the preceding analysis may be applied as the minimum lot size and the maximum permitted dwelling unit yield or subject to the provisions of Subsection C(5)(b)[10][d], below, as the minimum average lot size with the septic system yield as the maximum unit yield. Alternatively, the underlying Zoning Ordinance allowances may be applied over a portion of the project area, subject to the limitations of Subsection C(5)(b)[10][d], below, to the point at which the calculated septic system yield (by HUC14) is reached, with the remainder of the lot area left undeveloped. If the minimum threshold requirements for Residential Cluster Development can be met [see § 165-117.11A(6)], the applicant may choose to cluster the development project in accordance with the requirements as provided therein. If the minimum threshold requirements for Residential Cluster Development can be met [see § 165-117.11A(6)] and the project is located within the Agricultural Resource Area, cluster development is mandatory as provided at § 165-117.11A, and the preceding options shall not apply.
[b] 
Multifamily residential development. Where the underlying density allowances of the municipal Zoning Ordinance would otherwise permit a greater number of units, the septic system yield resulting from the preceding analysis shall be applied as the maximum permitted dwelling unit yield.
[c] 
Nonresidential and mixed residential/nonresidential development. Where the underlying density allowances of the municipal Zoning Ordinance would otherwise permit greater nonresidential floor area, or a greater number of residential units, or both, the septic system yield resulting from the preceding analysis shall be applied using the 300 gallon-per-day equivalents, as provided above, to determine the maximum permitted yield or combined yield.
[d] 
Residential cluster development. Where residential clustering or lot averaging dependent upon individual on-site wells for water supply is proposed, the septic system density applicable to the developed portion of a site, or net septic system density, shall in no case result in a nitrate dilution in excess of 10 mg/L. This determination shall be made by application of the drought recharge-based nitrate dilution model as described above, using 10 mg/L as the nitrate dilution target. For purposes of this calculation, septic system yield shall be calculated on the basis of the developed portion of the site only, which shall consist of a contiguous land area including the following:
[i] 
All land area proposed to be occupied by buildings, structures and associated improvements, all land area to be disturbed in connection with the construction or installation of such buildings, structures and improvements, and all of the land area intervening; and
[ii] 
All land area dedicated to any street or roadway providing public (or common) access to the development, to the limits of the right-of-way, easement, or other area(s) designated to contain such common access; and
[iii] 
All land dedicated to a community on-site stormwater detention facility, or other like facility providing public (or common) services to the development, each to the limits of the easement, lot line(s), or other area(s) designated to contain such common facility.
[11] 
Aggregation of septic system yield. Nothing herein shall be construed to prohibit the aggregation of available septic system yield from contiguous or noncontiguous parcels within the same HUC14 subwatershed in support of a new development project on one or more such parcels, provided that:
[a] 
The contribution of septic system yield shall occur only where excess yield is available;
[b] 
The contribution of septic system yield from any already-developed parcel shall be permitted only where sufficient to equal one dwelling unit or more, or for nonresidential development, one 300-gallon-per-day floor area equivalent or more;
[c] 
All lands contributing to such yield shall be dedicated to the support of the septic system(s) proposed for the new development, and no such land shall be counted in the calculation of septic system yield applicable to any other;
[d] 
All such lands shall be deed-restricted to prohibit any future development requiring the availability of septic system yield, until or unless such yield is either returned from the new development it was initially deed-restricted to support, or is obtained (by dedication through deed restriction) from elsewhere within the same HUC14 subwatershed.
[12] 
HUC14 subwatershed yield. The septic system yield applicable to a HUC14 subwatershed shall in no case be exceeded; an increase in any one portion of a HUC14 subwatershed must be offset by an equivalent decrease elsewhere within the same subwatershed.
[13] 
Additional septic system requirements. In addition to the requirements above, individual subsurface sewage disposal systems or equivalent disposal units shall satisfy all standards for design, installation, and maintenance as set forth in Chapter 220, Sewers and Sewage Disposal, and any related and applicable regulatory requirements of other agencies having jurisdiction.
(6) 
Development served by existing or extended utility infrastructure. Where lots proposed for development in the Highlands Area are served by existing public water and wastewater utility infrastructure having sufficient available capacity, the density and intensity of new development shall be consistent with all requirements of the underlying Clinton Township Land Use Ordinance. For purposes of this provision, "existing" water and wastewater utility infrastructure refers to that, either: a) lawfully constructed and operational, or b) approved for construction in an Existing Community Zone (excluding the Constrained Sub-Zone, including the Lake Community Sub-Zone) in the Planning Area, under an Areawide Water Quality Management Plan. In the case of Residential Cluster Development, however, all requirements shall be as provided at § 165-117.11A, with the maximum unit yield not to exceed that as determined by calculation of the septic system yield pursuant to Subsection C(5), above. An increase in units in excess of the calculated septic system yield shall be permitted only to the extent of any aggregated septic system yield, as provided in accordance with Subsection C(5)(a)[3] and (b)[12]. In no circumstance shall the yield, density, and intensity of any proposed use exceed the yield, density, or intensity of use otherwise permitted under the Land Use Ordinance of Clinton Township.
(7) 
New or extended utility infrastructure.
(a) 
Preservation Area. New, expanded or extended public water systems, wastewater collection and treatment systems, and community on-site treatment facilities are prohibited unless approved through issuance of either a Highlands Applicability Determination 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 with approval from Clinton Township.
(b) 
Planning Area - Protection Zone, Conservation Zone, and Environmentally Constrained Sub-Zones. New, expanded or extended public water systems, wastewater collection and treatment systems, and community on-site treatment facilities are permitted only where approved by the Highlands Council and Clinton Township.
(c) 
Planning Area - Existing Community Zone (excluding Environmentally Constrained Sub-Zone) and Lake Community Sub-Zone. Expansion or creation of public water systems, wastewater collection and treatment systems, and community on-site treatment facilities are permitted subject to the approval of Clinton Township: 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; all of which address all other requirements of this article. (See applicable provisions at § 165-117.10G through H, below.)
(8) 
Development served by new or extended utilities. Where new development proposed in the Highlands Area will not rely upon installation of septic systems, but will be served by new or extended public water systems, wastewater collection and treatment systems, or community on-site treatment facilities, such development shall be in compliance with any conditions of approval required by the Highlands Council, Clinton Township, or the NJDEP, as applicable, in connection with amendment of the Areawide Water Quality Management Plan.
A. 
Forest resources.
(1) 
Findings. Forests are a defining visual and functional feature of the Highlands Area. Forests provide habitat and sustenance for a diverse array of plants and animals and are essential to maintaining biodiversity. Forests protect against soil erosion, provide filtration for groundwater recharge, and assist in protecting stream water quality. Forests retain moisture and sequester atmospheric carbon, thus helping to stabilize weather patterns and mitigate global warming. Forested areas of the Highlands Area offer important recreational resources, contribute to its unique scenic quality, and when managed sustainably, can provide a long-term source of wood and wood products.
(2) 
Total Forest Area. All portions of the Highlands Area identified by the Highlands Council as containing forest (as defined at § 165-117.6B) appear as Total Forest Area in the map titled "Forest Resource Area, Total Forest Area, Forest Subwatershed Integrity Areas" (Exhibit 2), adopted and incorporated as a component of this article pursuant to § 165-117.7D above. The Total Forest Area includes forested portions of lands designated as Forest Resource Area, as provided at § 165-117.7C(1), above.
(3) 
Forest Subwatershed Integrity Areas. The Highlands Council has evaluated and assigned forest integrity valuations to each of the HUC14 subwatersheds of the Clinton Township Highlands Area. These valuations appear as Forest Subwatershed Integrity Areas in the map titled "Forest Resource Area, Total Forest Area, Forest Subwatershed Integrity Areas" (Exhibit 2), adopted and incorporated as a component of this article pursuant to § 165-117.7D, above, inclusive of the applicable forest subwatershed integrity classes:
(a) 
High-Integrity Forest Subwatersheds. High-Integrity Forest Subwatersheds are predominantly forested and characterized by a high proportion of forest cover consisting of high value core area, large patch sizes and short distances between patches.
(b) 
Moderate-Integrity Forest Subwatersheds. Moderate-Integrity Forest Subwatersheds are predominantly forested, but do not exhibit a high proportion of high value core area, large patch sizes, or proximity between patches.
(c) 
Low-Integrity Forest Subwatersheds. Low-Integrity Forest Subwatersheds are predominantly nonforested or include low values for proportion of forest cover and patch size or exhibit high distance to nearest patch.
(4) 
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 at Appendix A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(5) 
Preservation Area standards.
(a) 
Prohibitions. Any forest disturbance that by definition constitutes deforestation (see § 165-117.6B), is prohibited within any portion of the Forest Resource Area, with the exception of that authorized under an HPAA issued by the NJDEP.
(b) 
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:
[1] 
The maintenance of any legally prexisting use or structure, expressly excluding the expansion of such use or structure; or
[2] 
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.
(6) 
Planning Area standards. Disturbance (as defined at § 165-117.6B) 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:
(a) 
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 article;
(b) 
Demonstration that the proposed disturbance will not diminish the forest integrity class [as indicated in the map of Forest Subwatersheds (Exhibit 2[2])] of any forested areas adjacent or proximate to the location of the proposed activity;
[2]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(c) 
Incorporation of low-impact development techniques (see § 165-117.10B) appropriate to the activity or development project proposed;
(d) 
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
(e) 
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.
(7) 
Forest impact reports required. With the exception of forest disturbance authorized pursuant to an HPAA issued by the NJDEP, any disturbance pursuant to Subsection A(5) or (6), above, shall be approved only upon demonstration that the criteria required therein have been satisfied. In support of such proofs, a forest impact report shall be submitted containing at minimum, the items listed herein.
(a) 
All forest impact reports.
[1] 
A map of upland forest area located on or within 500 feet of the subject property, as determined in accordance with Appendix A.[3] A map indicating any on-site areas designated as Forest Resource Area or Total Forest (Exhibit 2). Where access is not available to adjacent properties, the municipal Environmental Resource Inventory and any updated Highlands Council GIS data delineating the Forest Resource Area and Total Forest may be relied upon for off-site forest identification.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2] 
A description of the nature, density and intensity of the proposed use or activity.
[3] 
A plan indicating the extent of the forest disturbance area, identifying the number, location, species and, for trees of greater than six inches in caliper (measured at 4.5 feet above grade level), the caliper of any trees proposed for removal.
[4] 
A description of the site alternatives analysis undertaken to, in this order: a) avoid forest disturbance; b) minimize forest disturbance; and c) ensure that any forest disturbance that cannot be avoided results in the least impact.
[5] 
A description of the low-impact development practices to be used to minimize the disturbance area and its impact; design details to be indicated in development plans, if applicable.
[6] 
A description of the site and the type and integrity class of the existing forest areas proposed to be disturbed or potentially affected by disturbance of adjacent or proximate forest areas.
[7] 
If the applicant proposes site-specific forest information that differs from mapped forest resources in Exhibit 2, including information based on the method in Appendix A, it must be provided in a format and with sufficient information that the findings may be submitted for verification by the Highlands Council as an RMP Update.
[8] 
An analysis of the effects (direct and indirect) of the proposed use or activity upon forests, including forest areas adjacent and proximate to the disturbance area.
(b) 
Deforestation impact reports. In addition to the items required above for all forest impact reports, any application proposing disturbance that, by definition (see § 165-117.6B), constitutes deforestation, shall include:
[1] 
A description of the area surrounding the subject property within a 0.5 mile radius.
[2] 
A map of all forest resources, as described in the Environmental Resources Inventory, within a 0.5 mile radius of the property, including any areas designated as Forest Resource Area or Total Forest (Exhibit 2). Highlands Council Interactive Website mappings may be utilized to address this requirement in the event the affected land area extends into adjoining municipalities.
[3] 
A field survey and description of the local ecological community type(s) on the site and a description of the surrounding, macro-scale ecological community type(s) of which the property is part.
[4] 
An inventory of forest community composition and stand structure. The inventory shall include a description of vegetation species richness, vegetation species composition, stand density and basal area, connectivity with surround forested lands, and the survey method.
[5] 
An impact analysis documenting and describing any increase in forest fragmentation, creation of forest edge, disruption of forest area on steep slopes or riparian areas, or disruption of core forest areas that will occur as a result of the proposed use or activity.
(8) 
Forest Mitigation Plans. 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.
(a) 
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:
[1] 
Highlands Open Waters and Buffers.
[2] 
Riparian Areas, including Floodplains and Floodprone Areas.
[3] 
Critical Habitat.
[4] 
Steep Slopes and Ridgelines.
[5] 
Core Forests and Contiguous Forest Patches.
(b) 
Protection Plan. A plan providing the proposed methodology appropriate to, and by which the applicable mitigation priority areas will be protected throughout the period of forest disturbance and thereafter.
(c) 
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. Such plans shall include prescribed limits of disturbance to be mapped, field marked, and provided with protective fencing prior to the start of any construction activity. Plans shall indicate installation of tree protection fencing along the drip line of trees to be protected, with instructions barring encroachment by machinery or heavy equipment of any kind, and requiring regular inspection and maintenance of fencing throughout the construction period.
(d) 
Mitigation description. 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.
(e) 
Planting Plan. A detailed plan indicating the specific plantings proposed for restoration, reforestation or mitigation, including size, species, quantity, location, separation distances, planting details, deer and pest management protections, and maintenance plans.
(f) 
Maintenance agreement. A minimum three-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 three years, and ensure at least a 75% survival rate after three years.
B. 
Highlands Open Waters and Riparian Resources.
(1) 
Findings.
(a) 
Highlands Open Waters (Exhibit 3)[4] include all springs, streams (including intermittent streams), wetlands and bodies of surface water, whether natural or artificial (excluding swimming pools), located wholly or partially within the boundaries of the Highlands Area. Highlands Open Waters contribute to the water resources of the Highlands Region, and ultimately to the water supply of millions of New Jersey citizens. They are essential to the ecologic function of the plant and animal communities of the Highlands Area that depend upon them for survival. Highlands Open Waters are also an important physical feature of the Township, contributing to its character, aesthetics, history and development, and to its recreational opportunities.
[4]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(b) 
Protection of Highlands Open Waters is vital not only to the municipality, but to the Highlands Region and the state of New Jersey. The provision or preservation/enhancement of buffer areas adjacent to Highlands Open Waters is an integral component to ensuring such protection. Key functional values that buffers provide or contribute to, include but are not limited to: habitat for flora and fauna, stormwater and floodwater retention and filtration, water quality protection, temperature moderation, aquatic ecosystem integrity and channel integrity. Highlands Riparian Areas (Exhibit 4)[5] are lands associated with and bordering on Highlands Open Waters, often extending beyond Highlands Open Water buffers. These lands are likewise essential to providing critical hydrologic, ecologic and pollutant attenuation functions for Highlands Open Waters. Riparian areas moderate fluctuations in water temperature, help maintain groundwater recharge and stream base flow, stabilize stream banks, and provide flood storage areas. During high flow or overland runoff events, riparian areas reduce erosion and sediment loads to surface water and remove excess nutrients and contaminants from floodwater. Riparian areas also provide habitat for a variety of animal species and support terrestrial and aquatic food webs through deposition of woody debris.
[5]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(c) 
It is in the interest of the Township, the Highlands Region, and the state of New Jersey that the Highlands Open Waters of the Clinton Township Highlands Area, including associated buffers and Riparian Areas, receive the highest level of protection possible. The map of Highlands Riparian Areas (Exhibit 4)[6] includes all Highlands Open Waters and associated flood-prone areas, riparian soils and wildlife corridors.
[6]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(2) 
Watershed Resource Value Areas. The Highlands Council has evaluated and assigned watershed resource valuations to each of the HUC14 subwatersheds of the Clinton Township Highlands Area. These valuations appear as Watershed Resource Value Areas in the map titled "Highlands Open Waters, Watershed Resource Value Areas, Lake Management Areas" (Exhibit 3)[7] adopted and incorporated as a component of this article pursuant to § 165-117.7D above, inclusive of the three watershed resource value classes listed below.
(a) 
High Resource Value Watersheds. High Resource Value Watersheds contain predominantly forest lands, include a significant extent of high quality habitat, and have limited preexisting developed land.
(b) 
Moderate Resource Value Watersheds. Moderate Resource Value Watersheds contain forest lands and some habitat suitable for rare, threatened or endangered species, but typically also contain significant areas of developed lands.
(c) 
Low Resource Value Watersheds. Low Resource Value Watersheds contain a low proportion of forest lands, low proportion of habitat suitable for rare, threatened or endangered species, and higher proportion of developed land area.
[7]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Riparian Subwatershed Integrity Areas. The Highlands Council has also evaluated the HUC14 subwatersheds of the Highlands Area on the basis of Riparian Area integrity, which are divided amongst three classes, as listed below. These appear as Riparian Subwatershed Integrity Areas in the map titled "Riparian Area, Riparian Subwatershed Integrity Areas" (Exhibit 4)[8] adopted and incorporated as a component of this article pursuant to § 165-117.7D above.
(a) 
High Integrity Riparian Area. The High Integrity Riparian Area consists of subwatersheds having Riparian Areas that exhibit predominantly natural vegetation, including high quality habitat for water/wetland dependent species, and a generally low incidence of impervious area, agricultural uses and road crossings.
(b) 
Moderate Integrity Riparian Area. The Moderate Integrity Riparian Area consists of subwatersheds having Riparian Areas that contain a higher incidence of impervious area, agricultural uses and road crossings, and a reduced proportion of natural vegetation providing high quality habitat for water/wetland dependent species.
(c) 
Low Integrity Riparian Area. The Low Integrity Riparian Area consists of subwatersheds having Riparian Areas that contain a high proportion of impervious area, agricultural uses and road crossings, and minimal natural vegetation providing high quality habitat for water/wetland dependent species.
[8]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(4) 
Highlands Open Waters protection buffer. All Highlands Open Waters shall include a minimum 300-foot wide protection buffer, as measured from the edge of the discernible bank of the Highlands Open Waters feature, or from the centerline where no discernible bank exists. These buffers are included in the map of Highlands Open Waters at Exhibit 3[9] with respect to streams, rivers, ponds, lakes and reservoirs. With respect to wetlands and other Highlands Open Waters features not mapped in Exhibit 3 (e.g., seeps, springs), each shall include a 300-foot wide protection buffer measured from: for the Planning Area, a delineated wetlands line described in a letter of interpretation (LOI), or from a field-delineated boundary line for other features; or for the Preservation Area, the delineated limits of the feature, as indicated by a Highlands Resource Area Determination issued by the NJDEP.
[9]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(5) 
Highlands Open Waters buffer standards. Highlands Open Waters buffers shall be maintained in their undisturbed or preexisting condition, unless a disturbance is approved in accordance with the provisions of this section.
(a) 
Preexisting structures or improvements. Any lawfully preexisting structure or improvement located within a Highlands Open Waters protection buffer area as of the effective date of this article 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.
(b) 
Agricultural and horticultural land uses. For purposes of this section, existing agricultural and horticultural uses, whether or not under active management or operation, shall not be included in any assessment of "previously disturbed" buffer areas with regard to proposals for nonagricultural development.
(c) 
Approvals subject to outside agency approvals. Approval of any application involving the disturbance of a Highlands Open Waters buffer pursuant to this section shall not be construed to relieve the applicant from the applicable rules, regulations or legal requirements of any other agency having jurisdiction over such buffers, including but not limited to: the NJDEP (e.g., Freshwater Wetland Rules, N.J.A.C. 7:7, Stormwater Management Rules, N.J.A.C. 7:8, Flood Hazard Area Rules, N.J.A.C. 7:13, NJPDES Rules, N.J.A.C. 7:14A); a Soil Conservation District pursuant to its authority under New Jersey Soil Erosion and Sediment Control Act Rules, N.J.A.C. 2:90; or any county or other regional entity having authority pursuant to a Regional Stormwater Plan adopted by NJDEP under N.J.A.C. 7:8 and N.J.A.C. 7:15.
(d) 
Municipal stormwater management requirements. Where the provisions of this section are in conflict with the provisions of Article XXXV, Surface Water Management, of Chapter 165, Land Use Regulations, the more restrictive of the two shall apply.
(e) 
Stream corridor protection/restoration plan. Where the provisions of this section are in conflict with the provisions of § 165-76, Stream Corridor Protection, and as may otherwise be regulated in this chapter, the provisions of the adopted plan shall override.
(f) 
Protection buffer expansion. The provisions of this section shall not be construed to preclude the imposition of a wider protection buffer requirement where site-specific analysis and evaluation by a qualified professional indicates that such expansion is essential to the protection of Highlands Open Waters, associated Riparian Areas, or the habitat of water or wetlands-dependent species (particularly in the case of rare, threatened or endangered species) located therein.
(g) 
Preservation Area standards.
[1] 
Major Highlands Development. Any disturbance of a Highlands Open Water buffer proposed in connection with a major Highlands development shall be authorized and regulated only by the NJDEP in accordance with NJDEP Preservation Area Rules (N.J.A.C. 7:38) and all other applicable requirements. The pertinent Preservation Area standards appear at Subsection B(5)(g)[3], below.
[2] 
Non-Major Highlands Development. Any disturbance of a Highlands Open Water buffer proposed in connection with a development that does not constitute a major Highlands development shall meet the requirements provided at Subsection B(5)(g)[3], below (adapted from NJDEP Preservation Area Rules, N.J.A.C. 7:38), pursuant to the regulatory authority of this article and review by the appropriate municipal entity in accordance with the application procedures of § 165-117.12.
[3] 
Disturbance prohibited except linear development. Development is prohibited within all Highlands Open Waters and adjacent 300-foot buffers except for linear development, which shall be permitted only provided that there is no feasible alternative for the linear development outside the Highlands Open Waters or Highlands Open Water buffer.
[a] 
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 to a Highlands Open Waters feature or the adjacent buffer. For proposed linear development that would provide access to an otherwise developable lot the applicant shall in addition, show that:
[i] 
The proposed linear development is the only point of access for roadways or utilities to an otherwise developable lot; and
[ii] 
Shared driveways are used to the maximum extent possible to access multiple lots.
[b] 
For a driveway, the applicant shall, in addition, demonstrate that:
[i] 
The applicant has made a good faith effort to transfer development rights for the lot based on the allocation of Highlands Development Credits certified by the Highlands Development Credit Bank, and has not obtained a commitment from the Highlands Development Credit Bank, a willing buyer, or a TDR receiving zone municipality to purchase said Highlands Development Credits;
[ii] 
The lot has been offered for sale at an amount no greater than the specific fair market value to all property owners within 200 feet of the lot, and to the land conservancies, environmental organizations, the Highlands Council and all other government agencies on a list provided by the NJDEP (for major Highlands development) or the Highlands Council (for non-major Highlands development), at an amount determined in compliance with N.J.S.A. 13:8C-26j or N.J.S.A. 13:8C-38j, as applicable;
[iii] 
Said offering under Subsection B(5)(g)[3][b][i] was made by letter sent by certified mail, return receipt requested, with a copy to the Highlands Council (using the form provided by the NJDEP for major Highlands development): a) disclosing the location on the lot of all Highlands resource areas (as defined in N.J.A.C. 7:38-1.4 for major Highlands development, or as provided by an RMP Consistency Determination Report developed using the Highlands Council website for non-major Highlands development); b) stating that an application to develop the lot has been filed; and c) enclosing a copy of a fair market value appraisal performed by a state-licensed appraiser based on the minimum beneficial economically viable use of the property allowable under local law; and
[iv] 
No reasonable offer for the lot has been received within a minimum period of 90 days.
[c] 
Documentation required toward satisfaction of the provisions of Subsection B(5)(g)[3][b][ii] through [iv] preceding, shall include:
[i] 
A list of the names and addresses of all owners of real property within 200 feet of the lot, as certified by the municipality, including owners of easements as shown on the tax duplicate;
[ii] 
A copy of each letter that the applicant sent under this subsection;
[iii] 
Receipts indicating that the letters were sent by certified mail;
[iv] 
A copy of all responses received. Each response shall be submitted to the NJDEP within 15 days after the applicant's receipt of the response (for major Highlands development) or, for non-major Highlands development, to the reviewing municipal authority at the time of the application seeking approval for the proposed disturbance;
[v] 
A copy of the fair market value appraisal sent to all property owners within 200 feet as required under Subsection B(5)(g)[3][b][ii] above; and
[vi] 
A copy of a written response or a resolution from the Highlands Council demonstrating that it has considered and rejected the offer.
[d] 
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] 
After consideration of the information required in Subsection B(5)(g)[3][a] through [d] above, the NJDEP will not issue an HPAA (for major Highlands development) and the reviewing municipal authority shall not approve any application pursuant to this subsection if either: the applicant has refused a fair market value offer to purchase the property for which the driveway linear development is sought, or the NJDEP (for major Highlands development) or reviewing municipal authority (for non-major Highlands development), as applicable, finds that there is a reasonable alternative to the proposed linear development.
(h) 
Planning Area standards.
[1] 
Prohibitions. Disturbance of any portion of a Highlands Open Waters buffer is prohibited except as provided at Subsection B(5)(h)[2], below, or where associated with a buffer restoration or enhancement activity designed to improve the functional value of the buffer, in accordance with the parameters listed at § 165-117.9B(7), below.
[2] 
Allowances. Disturbance of a Highlands Open Waters buffer shall be permitted only in connection with linear development regulated fully in accordance with the provisions as set forth at Subsection B(5)(g)[3] above for the Preservation Area, or within portions of such a buffer which have been previously disturbed, as demonstrated by submission of a property survey including at minimum, the items listed at Subsection B(5)(h)[2][a], below. For purposes of this subsection, a previously disturbed buffer area is one in which one or more buffer functional values, as listed at § 165-117.9B(7) below, have been and remain compromised by prior development activity (excluding agricultural or horticultural uses) as evidenced by the existence of buildings or other structures (including parking areas and driveways, whether paved or gravel), and including associated graded or compacted areas, areas stripped of natural vegetation, maintained lawn areas, areas of fill or excavation, and other similar features. Any new disturbance of such previously disturbed areas shall occur only in accordance with the provisions of this subsection.
[a] 
All applications proposing a buffer disturbance pursuant to this subsection shall be accompanied by a property survey prepared by a licensed New Jersey Land Surveyor indicating: the metes and bounds of the subject property; the location and dimensions of existing buildings and other structures located thereon; the limits and extent of graded, compacted, filled or excavated areas; the limits and extent of areas stripped of natural vegetation, of maintained lawn areas; and any other site improvements provided in support of the prior development. The full extent of the proposed area of new disturbance shall be clearly indicated on the site or parcel plan submitted with the application, with the previously disturbed area(s) illustrated on the same sheet using shaded or shadow outline features.
[b] 
Authorization for any new disturbance within a previously disturbed area shall be approved only upon a finding by the reviewing board or other applicable municipal authority that the proposal meets the following requirements:
[i] 
The proposed new disturbance will occur fully within the previously disturbed area(s), as evidenced by both the property survey and the plan proposal submitted in support of the application;
[ii] 
The proposal incorporates measures that will enhance the functional value of the affected buffer area by means such as, but not limited to, reducing impervious coverage, replacing maintained grass lawns with naturalized areas, upgrading soil erosion and sedimentation controls, and providing for planting of native trees, grasses, or other vegetation appropriate to the riparian environment that support the functions of the Highland Open Waters buffer;
[iii] 
The proposal incorporates low-impact development techniques (see § 165-117.10B) appropriate to the nature of the activity and the riparian aspects of the buffer area in question; and
[iv] 
The proposed plan will enhance one or more of the buffer functions listed at Subsection B(7), below; will result in no net loss of any one of the listed buffer functions; and will provide an overall improvement in the functional value of the affected buffer area, when compared with preexisting conditions.
[c] 
The allowances of this subsection shall not be construed to authorize improvements or development activity of any kind within any portion of a Highlands Open Waters buffer if the previously disturbed area, or any portion thereof, is found to be the result of unlawful activity.
(6) 
Riparian Area standards. The provisions of this subsection shall apply only to those portions of the Riparian Area that extend beyond the limits of designated Highlands Open Waters and associated 300-foot Highlands Open Waters buffers. These provisions shall apply in all portions of the Highlands Area.
(a) 
Protection Zone and Wildlife Management Sub-Zone.
[1] 
Prohibitions. Disturbance of any portion of a Highlands Riparian Area is prohibited except as provided at Subsection B(6)(a)[2], below, or where associated with an approved Riparian Area restoration or enhancement activity designed to improve the functional value of the Riparian Area, in accordance with the parameters listed at Subsection B(7), below.
[2] 
Allowances. Disturbance of a Highlands Riparian Area shall be permitted only within portions of such Areas which have been previously disturbed, as demonstrated by submission of a property survey in accordance with Subsection B(6)(a)[2], below. For purposes of this subsection, a previously disturbed Riparian Area is one in which one or more functional values, as listed at Subsection B(7) below, have been and remain compromised by prior development activity (excluding agricultural or horticultural uses) as evidenced by the existence of buildings or other structures (including parking areas and driveways, whether paved or gravel), and including associated graded or compacted areas, areas stripped of natural vegetation, maintained lawn areas, areas of fill or excavation, and other similar features. Any new disturbance of such previously disturbed areas shall occur only in accordance with the provisions of this subsection.
[a] 
All applications proposing a Riparian Area disturbance pursuant to this subsection shall be accompanied by a property survey prepared by a licensed New Jersey Land Surveyor, including each of the items listed at Subsection B(5)(h)[2][a], above, for Highlands Open Waters buffers, and a parcel or site plan indicating the full extent of the proposed new disturbance, with the previously disturbed area(s) illustrated on the same sheet using shaded or shadow outline features.
[b] 
Authorization for any new disturbance within a previously disturbed area shall be approved only upon a finding by the reviewing board or other applicable municipal authority that the proposal meets the criteria listed at Subsection B(5)(h)[2][b], above, with all requirements applicable to buffers therein applied instead to Riparian Areas.
[c] 
The allowances of this subsection shall not be construed to authorize improvements or development activity of any kind within any portion of a Highlands Riparian Area if the previously disturbed area, or any portion thereof, is proven to be the result of unlawful activity.
(b) 
All other zones and sub-zones.
[1] 
High and Moderate Integrity Riparian Areas. Disturbance shall be permitted only upon a finding by the reviewing board or other applicable municipal authority that the application includes or satisfactorily addresses each of the following requirements:
[a] 
Demonstration that the proposed disturbance can neither be avoided nor reduced in extent or loss of quality, while adequately providing for the proposed use;
[b] 
Demonstration that the proposed disturbance will result in no net loss of the quality of adjacent Highlands Open Waters, in accordance with Subsection B(7), below;
[c] 
Demonstration that the proposed improvement plan minimizes impacts to the other functional values of the affected Riparian Area, as provided at Subsection B(7), below;
[d] 
Incorporation of low-impact development techniques (pursuant to § 165-117.10B) appropriate to both the proposed activity and the riparian nature of the site, and designed to minimize Riparian Area disturbances while maximizing retention of natural features and Riparian Area functional value; and
[e] 
Submission, approval and implementation of a Riparian Area Mitigation Plan providing for restoration of impaired Riparian Areas located either, or in combination, in the following order of preference: on the site of the proposed disturbance, within the same HUC14 subwatershed as the site of the proposed disturbance, within the nearest interrelated HUC14 subwatershed having impaired or disturbed areas in need of restoration, or within the nearest unrelated HUC14 subwatershed having impaired or disturbed areas in need of restoration. Mitigation shall, at minimum, be commensurate in scale, effect and extent with the disturbance approved pursuant to this subsection. A Mitigation Plan pursuant to this subsection shall be approved only where it provides improvements to one or more Riparian Area functions, as listed at Subsection B(7), below, while ensuring no net loss in the quality or contributory effect of an existing function.
[2] 
Low integrity riparian areas. In the case of any Riparian Area that is determined through a functional value assessment performed in accordance with the parameters at Subsection B(7), below, to contribute significantly to the protection of a Highlands Open Waters feature, any proposed disturbance shall occur only in accordance with the provisions at Subsection B(6)(b)[1], above, for High and Moderate Integrity Riparian Areas. Disturbance of any other Riparian Areas shall be permitted contingent upon satisfaction of Subsection B(6)(b)[1][d] through [e], above.
(7) 
Functional value assessment required. Prior to the approval of any application proposing disturbance of a Highlands Open Waters buffer (with the exception of any major Highlands development approved pursuant to Subsection B(5)(g)[1], above) or of a Highlands Riparian Area regulated at Subsection B(6), above, a functional value assessment shall be performed to indicate the health and contributory value of the buffer or Riparian Area under existing conditions. All such assessments shall be completed by a qualified professional and shall include a general description and evaluation of each of the components listed herein below. In addition, assessments shall provide a net gain/loss projection concerning each of the functional values, as applicable, based upon anticipated post-disturbance conditions. Such projections shall take into account all facets of the proposed application to determine anticipated impacts, whether beneficial or detrimental to functional values. Key functional values include but are not limited to habitat, stormwater and floodwater retention and filtration, water quality protection, temperature moderation, aquatic ecosystem integrity and channel integrity.
(a) 
Habitat. A reduction in aquatic habitat functional value will occur in the event of a net loss of in-stream food sources or of access to such sources. A loss of terrestrial habitat functional value will occur in the event of a shift to a less valuable overall vegetative condition based on the following hierarchy from highest value to lowest: forest or wetland, scrub/shrub, pasture or meadow, agriculture, maintained lawn, unpaved impervious surface, other structures.
(b) 
Water quality. A degradation of this functional value will occur if, as a result of the proposed land conversions, pollutant loads increase to the Highlands Open Waters.
(c) 
Temperature moderation. A loss in temperature moderation functional value will occur if changes to the existing vegetation result in reduced shading of the Highlands Open Waters feature or of increased stormwater that discharges to Highlands Open Waters. Further, a loss in temperature moderation functional value may occur with the heating of stormwater by new structures and other impervious surface. Mitigation approaches include removing or relocating impervious surfaces away from the Highlands Open Water or ensuring that stormwater temperature is reduced through shading or other techniques.
(d) 
Channel integrity. A loss of channel integrity functional value will occur if the project will result in: the loss of bank stabilizing vegetation; an increase in the peak rate of stream flow, or in localized scour potential, which will increase stream bank and stream bed erosion; or the removal or burial of aquatic habitat in any substantial part of a stream bed.
C. 
Steep slopes.
(1) 
Findings.
(a) 
Disturbance of steep slopes can trigger soil erosion and sedimentation, resulting in the loss of topsoil. Steep slope disturbance can contribute to siltation of wetlands, lakes, ponds and streams, which damages and degrades wetland and aquatic habitats. Steep slope disturbance can also result in alteration of drainage patterns, which, when severe, can result in land slumping and landslides. Protection of steep slope areas is essential to the safety and stability of the human and nonhuman environment. Avoiding disturbance of steep slopes protects surface water quality, plant and wildlife habitat, and habitat quality. It also protects ridgelines, hillsides, and mountainous features that provide variation in the landscape, contribute to scenic viewsheds, offer unique recreational opportunities, and, in many instances, define the character of an area or region.
(b) 
The severity and extent of steep slopes, in conjunction with applicable soil characteristics and type and extent of land cover, all affect the potential for damages from the disturbance of steep slopes. The provisions of this section are intended to protect the citizens, buildings and structures, and the natural environment and living ecosystems of the community from harm due to disturbance of steep slopes.
(2) 
Applicability. The provisions of this section shall apply to the Steep Slope Protection Area (Exhibit 5)[10] 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 at § 165-117.6B). 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.
[10]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Steep Slope standards.
(a) 
Severely and Moderately Constrained Slopes. 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.
[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 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:
[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.
[2] 
For a driveway, the applicant shall, in addition, demonstrate that:
[a] 
The applicant has made a good faith effort to transfer development rights for the lot based on the allocation of Highlands Development Credits certified by the Highlands Development Credit Bank, and has not obtained a commitment from the Highlands Development Credit Bank, a willing buyer, or a TDR receiving zone municipality to purchase said Highlands Development Credits;
[b] 
The lot has been offered for sale at an amount no greater than the specific fair market value to all property owners within 200 feet of the lot, and to the land conservancies, environmental organizations, the Highlands Council and all other government agencies on a list provided by the Highlands Council, at an amount determined in compliance with N.J.S.A. 13:8C-26j or N.J.S.A. 13:8C-38j, as applicable;
[c] 
Said offering under Subsection C(3)(a)[2][b] was made by letter sent by certified mail, return receipt requested, with a copy to the Highlands Council: a) disclosing the location on the lot of all Highlands resource areas as provided by an RMP Consistency Determination Report developed using the Highlands Council website; b) stating that an application to develop the lot has been filed; and enclosing a copy of a fair market value appraisal performed by a state-licensed appraiser based on the minimum beneficial economically viable use of the property allowable under local law; and
[d] 
No reasonable offer for the lot has been received within a minimum period of 90 days.
[3] 
Documentation required toward satisfaction of the provisions of Subsection C(3)(a)[2][b] through [d], preceding, shall include:
[a] 
A list of the names and addresses of all owners of real property within 200 feet of the lot, as certified by the municipality, including owners of easements as shown on the tax duplicate;
[b] 
A copy of each letter that the applicant sent under this subsection;
[c] 
Receipts indicating that the letters were sent by certified mail;
[d] 
A copy of all responses received. Each response shall be submitted to the reviewing municipal authority at the time of the application seeking approval for the proposed disturbance;
[e] 
A copy of the fair market value appraisal sent to all property owners within 200 feet as required under Subsection C(3)(a)[2][c] above; and
[f] 
A copy of a written response or a resolution from the Highlands Council demonstrating that it has considered and rejected the offer.
[4] 
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.
[5] 
After consideration of the information required in Subsection C(3)(a)[1] through [4], above, the reviewing municipal authority shall not approve any application pursuant to this subsection if either: the applicant has refused a fair market value offer to purchase the property for which the driveway linear development is sought, or the reviewing municipal authority finds that there is a reasonable alternative to the proposed linear development.
(b) 
Constrained or limited constrained slopes. Disturbance shall be permitted only upon a finding by the reviewing board or other applicable municipal authority that the application includes or satisfactorily addresses each of the requirements following:
[1] 
Demonstration that the proposed steep slope disturbance can neither be avoided nor reduced in extent, while adequately providing for the proposed use.
[2] 
Incorporation of low-impact development techniques (pursuant to § 165-117.10B) appropriate to both the proposed activity and the steep slope environment, designed to reduce the extent of disturbance areas, stabilize areas that are disturbed, provide for stormwater management, and protect adjacent areas during site construction.
[3] 
Development layout shall be designed to:
[a] 
Minimize the need for landform grading and retaining structures;
[b] 
Incorporate a cluster development format, where feasible, to minimize the extent of development on steep slopes; and
[c] 
Disturb steep slopes (where such disturbance cannot be avoided) having the minimum potential for slope instability.
[4] 
Site design shall:
[a] 
Incorporate stabilization techniques that emphasize bioengineering;
[b] 
Ensure minimized soil loss during and after construction through steep slope-appropriate soil erosion and sediment control techniques;
[c] 
Prevent direct discharge of stormwater into Highlands Open Waters features;
[d] 
Provide for control of stormwater velocity and volume such that no net increase in runoff rates occurs between pre- and post-conditions; and
[e] 
Provide for maximum protection of existing trees, woodlands and surrounding natural vegetated areas.
D. 
Critical Habitat.
(1) 
Findings.
(a) 
Habitat protection is critical to maintaining biodiversity and providing for the needs of rare, threatened and endangered plant and animal species. Biodiversity is the variety of plant species, animal species and all other organisms found in a particular environment, and is a critical indicator of ecological integrity. This article establishes three categories of Critical Habitat in the Highlands Area, as set forth at § 165-117.7C(5) above. Critical Wildlife Habitat includes lands containing habitat for rare, threatened and endangered wildlife species. Significant Natural Areas are those Natural Heritage Program (NHP) Priority Sites within the Highlands Region that are regionally significant due to the presence of either rare or endangered plant species or of unusual or exemplary natural ecological communities. Vernal pools are unique ecosystems that: provide critical breeding habitat for a variety of amphibian and invertebrate species; contribute to local biodiversity by supporting plants, animals and invertebrates that would otherwise not occur in the landscape; and contribute significant amounts of food to adjacent habitats.
(b) 
Protection of Critical Habitat is essential to the well-being of a wide variety of plants and animals making up the unique ecosystems of the Highlands Area. Such protection is vital to the survival of numerous rare, threatened and endangered species. Protection of Critical Habitat is in the interest of the Township and the Highlands Region, as a whole, not only for its contributions to ecosystem stability and biodiversity, but for its role in the health and stability of the human environment, and its contributions to aesthetic values.
(2) 
Disturbance prohibited. Disturbance of any portion of any lands located within designated Critical Habitat areas of the Highlands Area (Exhibit 6),[11] including Critical Wildlife Habitat, Significant Natural Areas, and Vernal Pools, including the 1,000-foot protection buffer, is prohibited, with the exception only of such disturbance as may be authorized by the NJDEP through issuance of an HPAA for major Highlands development in the Preservation Area. Until or unless the municipality has adopted a Habitat Conservation and Management Plan [see Subsection D(3)], relief from this provision shall remain under the sole authority and jurisdiction of the Highlands Council. Any application proposing disturbance of Critical Habitat shall be neither deemed complete, nor reviewed or considered by the municipal Board or other applicable authority, until such time as authorization has been obtained from the Highlands Council 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 limits and extent of the disturbance proposed within the application has been approved.
[11]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Habitat Conservation and Management Plan. Upon Clinton Township adoption of a Habitat Conservation and Management Plan, which, inclusive of any accompanying ordinances, rules or regulations, shall be approved by the Highlands Council, all applications proposing disturbance of a Critical Habitat area shall be filed, reviewed and considered in accordance with the provisions and criteria provided therein.
E. 
Carbonate rock.
(1) 
Findings.
(a) 
The Carbonate Rock Area identifies portions of the Highlands Area underlain by carbonate bedrock or known to contain karst topography. Solution (by water) of carbonate rocks such as limestone and dolomite by surface water or groundwater can cause surface depressions and development of irregular, sub-surface rock topography known as karst. These conditions make such areas unstable and susceptible to subsidence and surface collapse. Karst conditions can lead to formation of sinkholes, sinking streams, enlarged bedrock fractures, caves and underground streams. Sinkholes function as funnels, directing surface water runoff into karst aquifers with little or no attenuation of transported contaminants. Stormwater basins, septic system leach fields, sewers, agricultural runoff, lawn runoff, underground pipelines, and soil disturbance all can contribute contaminants directly to groundwater through karst features. Soils in sinkhole bottoms may be thin or nonexistent. In addition to potential for groundwater contamination, karst features present a threat to public safety. Sinkholes and other karst formations can undermine buildings and structures, including infrastructure facilities, such as roads, natural gas lines, water supply and sewer lines, septic systems and stormwater basins.
(b) 
The provisions of this section are intended to protect the citizens, buildings and structures, and the natural environment, particularly the groundwater resources of the Highlands Area, from the potential for harm or physical damage associated with land development in the Carbonate Rock Area.
(2) 
Applicability. The provisions of this section shall apply to all proposed development in the Carbonate Rock Area (Exhibit 7),[12] including that in both the Preservation Area and the Planning Area.
[12]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
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 (see Subsection E(3)(c) below).
(a) 
Purpose. The purpose for the geotechnical investigation is to locate carbonate rock features that may be affected by the development proposal, to reveal the potential threats to public health, safety or welfare, or groundwater quality that may result, and to determine the most appropriate ways to address these issues in the design and implementation of the project proposal.
(b) 
Professional required. The geotechnical investigation must be conducted by a qualified professional, such as geologist, soils or geotechnical engineer, or other licensed professional engineer having experience in karst area investigations and associated development.
(c) 
Municipal review. Review and oversight of geotechnical investigations shall fall under the purview of the Municipal Engineer. For purposes of this subsection, the "Township Engineer" shall refer to the qualified professional engineer or geological expert designated by the Township to provide review and recommendations concerning matters of a geotechnical nature.
(d) 
Program. The investigation shall occur in two phases, wherein the results of the first shall determine the need for and extent of requirements pertinent to the second.
[1] 
Phase I investigation.
[a] 
The investigation shall commence with completion of a Phase I Geological Investigation which shall identify the geologic nature of the materials underlying the site. This assessment shall be based on review of existing available information, such as prior investigation reports on properties proximate to the subject parcel(s), aerial photography, as well as on-site field investigation.
[b] 
Phase I findings shall be provided in a summary report including: a description of the site geology; groundwater conditions such as depth to water table and direction of flow; an evaluation of the potential impact of the project on groundwater quality; and identification of any karst features observed. In addition, the report shall include the geological professional's recommendations as to whether, in light of the proposed development plan, a Phase II geological investigation should be prepared and submitted, and whether any portion of the requirements of the Phase II investigation should be waived.
[c] 
The applicant's geological professional and the Township Engineer shall review the applicant's Phase I findings in the field.
[d] 
The Township Engineer shall determine whether a Phase II Investigation shall be required, based on the data submitted and the recommendation of the applicant's geological professional. The Township Engineer may grant a waiver from parts of the Phase II geotechnical evaluation or from part or all of the reporting requirements if, in his/her professional opinion, such aspects are not relevant or necessary in formulating the proposed development plan for the site or property in question.
[e] 
In the event that a Phase II Investigation is not required, the Township Engineer shall provide written certification that the applicant has satisfactorily completed the requirements of the geotechnical investigation. Such certification shall include any conditions pertinent to the issuance of such certification that the Township Engineer may deem necessary or appropriate to ensure the geotechnical sufficiency of the proposed development plan. All materials developed in the course of the Phase I Investigation, inclusive of the Township Engineer's evaluation report(s) and recommendations, shall be provided to the municipal board or authority having jurisdiction over the development application.
[2] 
Phase II investigation.
[a] 
The purpose of the Phase II Investigation is to delineate and define potential karst areas noted or suspected in the Phase I geological investigation, to evaluate the effects of the proposed development on such areas, and to propose methods of protection and mitigation if needed.
[b] 
A Phase II Investigation Plan shall include a narrative describing the types of features to be investigated, their locations, the types of direct/indirect methods to be used and the reasons for their use. Indirect methods include the use of aerial photography, satellite imagery and geophysical procedures, such as ground-penetrating radar, electrical conductivity, electrical resistivity, magnetic field, very low frequency measurement, gravity field recording and seismic velocity measurements. Direct methods shall include test pits, test probes, test borings or other appropriate methods. A plan indicating the areas of investigation, proposed locations of testing and types of testing shall accompany the Phase II Investigation Plan.
[c] 
After the Phase II Investigation Plan has been approved by the Township Engineer, formal notification shall be issued to the applicant authorizing the commencement of the testing procedures. The development site shall be subject to inspection by the Township Engineer or designated Township inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors upon request. Any samples taken shall be properly preserved and shall be available for examination by the Township Engineer until final action is taken by the approval authority on the application.
[d] 
At the completion of the Phase II investigation, a formal Geotechnical Evaluation Report shall be submitted which shall include a geologic interpretation of the observed subsurface conditions, including soil and rock type, geologic unit, jointing, faulting, voids, fracturing, grain size and sinkhole formation. In addition:
[i] 
The report shall provide all information gathered in the course of the testing protocol, including, as applicable: logs of all borings, test pits, and probes including evidence of cavities; loss of drilling fluid circulation during drilling; voids encountered and similar cavities; type of drilling or excavation technique employed; drawings of monitoring or observation wells as installed; time and dates of explorations and tests; reports of chemical analyses of on-site surface and groundwater; names of individuals conducting tests if other than the applicant's designated professional; analytical methods used on soils, water samples, and rock samples; a one inch equals 100 feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys; and analysis of the groundwater including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow.
[ii] 
The report shall include an evaluation of the geotechnical findings in relation to the proposed development, and recommendations for the planning, engineering design and construction techniques to be utilized in accomplishing the project. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with carbonate rock formations. The engineering solutions proposed to minimize environmental and structural impacts must be clearly detailed.
[e] 
The Township Engineer shall consider the data, formal reports, maps, drawings and related submission materials and determine whether the proposed design satisfactorily provides:
[i] 
Sufficient design, construction and operational information to ensure that the proposed development of the tract will not adversely affect the health, safety and welfare of the community;
[ii] 
Specific details demonstrating that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions;
[iii] 
Specific details ensuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented; and
[iv] 
Specific details on inspection procedures to be followed during construction and after project completion.
[f] 
The Township Engineer shall, within 45 days of submission of the Phase II Geotechnical Evaluation Report, provide the applicant with a written response, evaluating the adequacy of the investigation, the sufficiency of information to make the necessary findings, and a review and recommendations, if any, concerning the geotechnical aspects of the proposed development plan and associated construction and mitigation techniques.
[g] 
Upon a finding of sufficiency, the Township Engineer shall certify that the applicant has satisfactorily completed the geotechnical investigation, and all materials developed in the course of the investigation process, inclusive of the Township Engineer's evaluation report(s) and recommendations, shall be provided to the municipal board or authority having jurisdiction over the development application.
(4) 
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. The Phase I investigation and Township Engineer's review shall ensure that any proposed development activity having potential to alter the types, volumes, or rates of runoff entering the Carbonate Rock Area, shall be designed to prevent the formation or enlargement of sinkholes, the introduction of contaminated surface water into groundwater aquifers via sinkholes or cavities, or the lowering of the water table.
(5) 
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) 
In no case shall an application for development, in either the Carbonate Rock Area or in a subwatershed that drains directly to the Carbonate Rock Area, be approved unless the applicant has demonstrated to the satisfaction of the reviewing board or other municipal authority (in consultation with the Municipal Engineer) that all potential hazards to public health and safety, structures and groundwater are fully addressed and mitigated, with the maximum emphasis given to nonstructural measures, such as avoidance of modifications to the karst features, use of dry swales to divert run-off away from karst features, minimization of site disturbance, and removal or minimization of impervious surface.
(b) 
The following conditions shall accompany the approval of any application for development in the Carbonate Rock Area:
[1] 
The location of all sinkholes, disappearing streams or karst features shown on documents submitted under the Phase I and/or Phase II geologic investigations shall be drawn on all preliminary and final plats, site plans and parcel plans. These shall also note any site remediation techniques to be utilized to stabilize any solution channels or subsidence karst features.
[2] 
In the event a previously unidentified carbonate rock feature posing a geologic hazard is discovered during construction, the applicant shall:
[a] 
Report the occurrence of the hazard to the Township Engineer within 24 hours of discovery;
[b] 
Halt construction activities which would affect the geologic hazard;
[c] 
Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the Township Engineer;
[d] 
After obtaining approval from the Township Engineer, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways and other site improvements, and to minimize pollution of the groundwater;
[e] 
Repair any damage to improvements and restore ground cover and landscaping;
[f] 
In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of the municipal ordinances.
F. 
Lake Management Area.
(1) 
Findings. The Lake Management Area (Exhibit 3)[13] contains all lakes located within the Highlands Area that have a surface area greater than 10 acres and the areas that drain to such lakes, including the three management tiers established at § 165-117.7C(7). Highlands Area lakes contribute to the character and natural beauty of the Township, comprising a unique feature that is important to both the community and the surrounding region. Highlands Area lakes provide important recreational opportunities, support aquatic ecosystems, and moderate local atmospheric temperatures. Lakes represent an important interconnection in the wider system of rivers, streams and underground springs and aquifers that support life and contribute to community water supplies. Lakes can be harmed by pollutant sources in the watershed area draining to them. Polluted lakes can, in turn, damage downstream streams and rivers. Overdeveloped, damaged and poorly managed shore land areas can degrade water quality, harm lake ecosystems, diminish natural aesthetic values, and cause an overall loss of property values for lake communities. It is the intent of the provisions of this section to ensure that Highlands Area lakes receive the highest level of protection while at the same time providing for recreational access and opportunity, and development and redevelopment activities that are compatible with and appropriate to lake environments.
[13]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(2) 
Shoreland Protection Tier. The Shoreland Protection Tier encompasses the lands surrounding a Lake Management Area lake that lie within 300 feet of its shoreline. As such, these lands coincide with and are defined as Highlands Open Waters buffers pursuant to Subsection B above. All provisions applicable to Highlands Open Waters buffers, as provided therein, shall apply fully to the Shoreland Protection Tier of any lake in the Lake Management Area.
(a) 
Highlands Open Waters buffer rules apply. The Shoreland Protection Tier encompasses the lands surrounding a Lake Management Area lake that lie within 300 feet of its shoreline. As such, these lands coincide with and are defined as Highlands Open Waters buffers pursuant to Subsection B(5), above. All provisions applicable to Highlands Open Waters buffers, as provided therein, shall apply fully to the Shoreland Protection Tier of any lake in the Lake Management Area.
(b) 
Planning Area, previously disturbed areas. Where an applicant proposes a disturbance pursuant to Subsection B(5)(h)[2], above, the following additional parameters shall apply:
[1] 
Where the application involves alteration of a previously disturbed shoreline, it shall be authorized only where demonstrated that the disturbance is the minimum necessary to provide for a water-dependent recreational use such as a beach, dock, fishing pier, or boat house.
[2] 
Where shorelines have already been developed using "hardscape" materials such as bulkheads, riprap or walls, enhancement measures shall include installation of a vegetated filter strip along the hardscape feature where feasible, to attenuate stormwater flow and minimize the potential for shoreline erosion.
[3] 
The control and, where necessary, removal of algae and non-native invasive aquatic weeds that cause nuisance conditions for lake users shall be permitted in all Zones and Sub-Zones, subject to NJDEP requirements.
[4] 
Where emergent aquatic vegetation exists, where there is little or no natural wave action, disturbance to reeds and other wetland species that are rooted below the high water mark shall be avoided, or where avoidance is infeasible shall be minimized and mitigated. Mitigation measures shall result in a return to conditions as near a natural condition as practicable. In circumstances where the previously existing condition is degraded (for example, an instance where the wetland species are invasive such as common reed), the proposed plan shall provide a net gain in habitat value of the replanted species.
[5] 
Existing, natural shoreline vegetation within 50 feet of the shoreline shall be protected and preserved except for a minimum area permitted for water-dependent recreational facilities or for the removal of exotic, invasive species and their replacement with native species. Restoration of native vegetation shall be required along any affected shoreline, where development is proposed within existing disturbed areas located within 25 feet of the shoreline.
[6] 
Construction of new structures within previously disturbed portions of the Shoreland Protection Tier, other than water-dependent recreational facilities, is prohibited within 50 feet of the shoreline.
[7] 
Installation of any new on-site septic system within previously disturbed portions of the Shoreland Protection Tier shall incorporate a minimum setback of 150 feet from shoreline, regardless of whether another potential area of disturbance exists at a lesser setback.
[8] 
The width and length of piers and docks shall minimize the disturbance of shoreline, shoreline vegetation and wetland vegetation to the extent feasible with due consideration for safety. Piers and docks may be held in common to reduce the total number of new docks and piers.
[9] 
Boat lifts shall be preferred over structural docks and landing as a means of providing more light to the waters below and shall elevate boats a minimum of one foot above high water.
(3) 
Water Quality Management Tier. Any application proposing a disturbance within the Water Quality Management Tier shall be authorized only provided the reviewing board or other applicable municipal authority finds that the proposal protects lake water quality, by implementation of the requirements of this subsection. The Water Quality Management Tier consists of all lands draining into a Highlands lake that lie within 1,000 feet of its shoreline, subsuming the whole of the Shoreland Protection Tier. As such, these provisions shall not be construed to waive or obviate the requirements of either the preceding Subsection F(2), or of Subsection B(5) above concerning Highlands Open Waters buffers. These provisions shall apply to any proposed disturbance in the Planning Area, to any project, development, or activity not classified as major Highlands development in the Preservation Area, and, to the extent more restrictive or encompassing than NJDEP Preservation Area Rules (including but not limited to N.J.A.C. 7:38-3.6, "Highlands open waters," N.J.A.C. 7:38-3.7, "Flood hazard areas"), to major Highlands developments in the Preservation Area.
(a) 
Water quality protection requirements. To prevent or minimize continuous pollutant sources that can contribute pollutants overland or through groundwater to the lake from greater distances than the Shoreland Protection Tier, the following measures shall be incorporated into all development proposals:
[1] 
All disturbed parcels shall be provided with landscape or garden elements which retain stormwater, minimizing the potential for increases in the volume, time of concentration, or concentrated flow of runoff from the property. Such elements shall be designed to ensure to the maximum extent feasible, that during larger storms, water is released through overland sheet flow across a vegetated, naturally landscaped area.
[2] 
All new development shall direct runoff from roofs, driveways and patios into landscape or garden elements which retain and filter stormwater, or to infiltration basins, trenches or other such appropriate stormwater management devices.
[3] 
Stormwater management plans shall be designed to direct runoff away from the shoreline and to avoid stormwater discharges directly to the lake to the maximum extent feasible.
[4] 
Stormwater shall be directed to a stormwater treatment train that cleans and reduces the rate of runoff to the maximum extent possible. Stormwater treatment trains shall maximize the use of swales with natural vegetation, infiltration mechanisms or constructed wetlands, and discharge through a constructed wetland or other channel that maximizes aeration and cleaning of water to the maximum extent feasible.
[5] 
The discharge of stormwater shall be through sheet flow, where feasible, which may require the construction of an outlet that disperses the water over a substantial distance at a constant elevation so that water sheet flows over the top.
(b) 
Approvals subject to outside agency approvals. Nothing herein shall be construed to relieve the applicant from the applicable rules, regulations and design requirements of any other agency having jurisdiction, including but not limited to the NJDEP (e.g., Freshwater Wetland Rules, N.J.A.C. 7:7, Stormwater Management Rules, N.J.A.C. 7:8, Flood Hazard Area Rules, N.J.A.C. 7:13, NJPDES Rules, N.J.A.C. 7:14A), a Soil Conservation District acting pursuant to Soil Erosion and Sediment Control Act Rules (N.J.A.C. 2:90), or any county or other regional entity having authority pursuant to an adopted Regional Stormwater Plan.
(c) 
Additional optional measures.
[1] 
The use of green roofs is encouraged in the Lake Management Zone, to clean and slow the release of stormwater.
[2] 
Clustering in accordance with the provisions of the Cluster Development Ordinance (§ 165-117.11A) is also encouraged, where it results in a greater buffer between the lake and any new septic system or other land disturbance than would otherwise be feasible.
(4) 
Scenic Resources Tier. The Scenic Resources Tier includes lands surrounding Highlands lakes that lie within 300 feet of the shoreline (the Shoreland Protection Tier) plus lands within 1,000 feet of the shoreline that fall within the viewshed observable from the opposite shoreline. The provisions of this section, applicable to any development permitted in the Scenic Resources Tier, apply to both the Preservation Areas and the Planning Area. These requirements regarding the Scenic Resources Tier are applied in addition to all requirements applicable to the Shoreland Protection Tier and Water Quality Management Tier.
(a) 
Scenic Resources Tier mapping. For purposes of this section, applicants may establish and indicate in submission materials that all lands falling within 1,000 feet of the shoreline of a Highlands lake (coincident with the Water Quality Management Tier) constitute the designated Scenic Resources Tier viewshed. In the alternative, the actual limits of the affected viewshed area must be delineated and mapped for submission by a licensed land surveyor, professional engineer, landscape architect, or other qualified professional. Such delineations shall be based upon the topography of the lands surrounding the Highlands lake, with the highest observable elevations from the opposing shoreline forming the viewshed perimeter. For purposes of this article, observable elevations shall be those projected by use of topographic maps, regardless of any intervening building, structure, tree or other natural vegetation, along sight lines drawn radially from relevant vantage points along the opposing shoreline; such vantage points being sufficient in number and location to yield the full extent of the potential view. The viewshed perimeter shall in no location be less than the 300-foot depth of the Shoreland Protection Tier.
(b) 
Protection standards. For all lakes with public access (i.e., with shorelines that are not entirely privately held and managed through a lake association), and for privately held and managed lakes to the extent not contrary to statutory law or previously approved lake community development plans, the applicant must demonstrate that the protection of visual and scenic resources in the Scenic Resource Tier is achieved through implementation of the following requirements:
[1] 
The application must clearly illustrate and assess the extent to which the proposed development will be visible from the opposite shore of the lake. If the applicant demonstrates that the proposed development will be completely obscured from view by virtue of existing topographic features (specifically excluding buildings, structures, trees or other vegetation) intervening between the opposite shoreline and the development site, the remaining provisions of this subsection shall not apply.
[2] 
Buildings shall be screened from view by trees and other native plant material to the maximum extent practicable and compatible with the existing character of the lake community, to minimize the visual intrusion on views from the opposing shorelines.
[3] 
The massing of structures shall be designed and oriented to minimize lot disturbance, including cut and fill work, and to avoid blockage of views to the maximum extent possible.
[4] 
The exteriors of all new or redeveloped building shall be designed and constructed with materials that minimize visual intrusion on the lake community character.
[5] 
The clearing of trees shall be limited to the minimum extent needed to develop the site.
[6] 
Any exterior lighting shall utilize full cut-off fixtures with light directed downward and away from the shoreline to the extent feasible.
(c) 
Highlands scenic resources. In the event that an application for development within the Scenic Resources Tier involves a lot or lots that either contain or lie adjacent to a property that contains a Highlands Scenic Resource as illustrated in Exhibit 9 and listed in the Highlands Element of the Clinton Township Master Plan, the provisions of Subsection K, below, shall apply.
G. 
Water conservation and deficit mitigation.
(1) 
Findings. The water resources of the Highlands Area are critical to supporting the life of the community. Groundwater supplies represent the primary source of potable water in the Highlands Region and provide base flow to the Region's streams. The importance of ensuring the high quality and sustainable use of Highlands groundwater supplies cannot be overstated. The availability of clean water for human use is critical to the life and economic vitality of the Highlands Area. The availability of water for ecological purposes is critical to sustaining the aquatic ecosystems of streams, ponds and lakes as well as the riparian flora and fauna that depend upon them. When water withdrawals exceed the rate of recharge, groundwater supplies diminish, making access more difficult, reducing reliability, and ultimately leading to loss of the potable water source. Overuse of groundwater reduces stream base flows, impairs ecological function and integrity, and threatens the long-term reliability of potable water supplies that the community depends upon. The provisions of this section are intended to protect groundwater supplies from depletion resulting from unsustainable use. Where groundwater supplies are already depleted, these provisions require measures to enhance and restore this vital resource.
(2) 
Applicability. The provisions of Subsection G(3) below, shall apply to all development within the Highlands Area. The remaining provisions of this section shall apply to any development application proposing a new or increased use of potable or nonpotable water derived from: a) any groundwater source in a Highlands Area HUC14 subwatershed, whether through a public community or noncommunity water supply system well, a nonpublic 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. These remaining provisions [Subsection G(4) through (7)] shall apply to both the Preservation Area and the Planning Area, with the exception only of an application for major Highlands development requiring issuance of an HPAA from the NJDEP. Specifically excluded from these provisions [Subsection G(4) through (7)] are modifications or improvements to existing uses and structures that result in neither, for residential development (or any residential portion thereof) an increase in the number of residential units, nor, for nonresidential development (or any nonresidential portion thereof), an increase in water demand by an average of 400 gallons per day or more.
(3) 
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:
(a) 
Meet all applicable building code requirements for the use of water conservation fixtures and appliances in new or rehabilitated structures;
(b) 
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;
(c) 
Design all nonpotable irrigation water uses to ensure that only the necessary amounts of water are used to achieve optimum plant growth, to the maximum extent practicable;
(d) 
Provide for internal recycling or beneficial reuse of reclaimed water in new commercial development projects, to the maximum extent practicable;
(e) 
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;
(f) 
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).
(4) 
Net water availability. Net water availability has been calculated by the Highlands Council for each HUC14 subwatershed located within or partially within the Highlands Area (Exhibit 10). Expressed in million gallons per day (MGD), the values assigned to each HUC14 subwatershed derive from subtracting consumptive and depletive surface and groundwater uses for a baseline year, from total groundwater availability. Where net water availability figures are negative numbers, the subwatershed is identified as a current deficit area, meaning existing uses exceed sustainable supplies. The map of net water availability by HUC14 Subwatershed provided at Exhibit 10[14] is herewith adopted and incorporated as a component of this article.
[14]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(5) 
Conditional water availability. For subwatersheds designated as current deficit areas, the Highlands Council has assigned a limited amount of conditional water availability, the use of which is conditioned upon satisfying certain mitigation requirements. Jurisdiction over the use of conditional water availability lies solely with the Highlands Council and shall apply in the case of current deficit areas until such time as a Water Use and Conservation Management Plan for such subwatersheds has been adopted and put into effect.
(6) 
Water Use and Conservation Management Plan. Where a Highlands Council-approved Water Use and Conservation Management Plan has been established for a municipality, HUC14 subwatershed, or group of HUC14 subwatersheds, any development application involving the use of water derived from such subwatershed(s) shall be regulated fully in accordance with the requirements of such plan. Adherence to the provisions of an adopted Water Use and Conservation Management Plan shall constitute satisfactory compliance with all of the provisions of this section, including those pertaining to net water availability and conditional water availability.
(7) 
Absence of Water Use and Conservation Management Plan. In the absence of a Highlands Council-approved Water Use and Conservation Management Plan for a municipality, HUC14 subwatershed, or group of HUC14 subwatersheds, any development application involving the use of water derived from such subwatershed(s) shall be subject to requirements of this subsection.
(a) 
Net water availability. The provisions of this subsection shall apply to any development application proposing the use of net water availability. These requirements shall apply regardless of whether such water is supplied from an on-site well or through a water supply utility.
[1] 
Highlands Council findings required. 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 consumptive or depletive water use will not exceed the remaining Net Water Availability for the source HUC14 subwatershed(s). Such finding shall be provided by formal notification from the Executive Director of the Highlands Council, indicating by reference to specified application submittals (as required by the Highlands Council) that the Highlands Council has reviewed the specific development proposal at issue, and authorizes the increased use of potable or nonpotable water therein specified.
[2] 
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection G(7)(a)[1], above, shall in no case be approved by the reviewing Board unless the proposed use of net water availability remains equal to or less than that authorized by the Highlands Council through its formal findings. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to net water availability, however.
(b) 
Conditional water availability. The provisions of this subsection shall apply to any development application proposing the use of conditional water availability. These requirements shall apply regardless of whether such water is supplied from an on-site well or through a water supply utility.
[1] 
Highlands Council findings required. No application shall be deemed complete or considered for review by the applicable Board until or unless a finding has been issued by the Highlands Council indicating that: a) the proposed consumptive or depletive water use will not exceed the remaining conditional water availability for the source HUC14 subwatershed(s); b) that the applicant has correctly determined the associated mitigation requirement; c) that the proposed development plan will incorporate or otherwise provide for acceptable methods of deficit mitigation; and d) that the mitigation measures proposed by the applicant can be reasonably anticipated to meet the required level of mitigation. Such findings shall be provided by formal notification from the Executive Director of the Highlands Council, indicating by reference to specified application submittals (as required by the Highlands Council) that the Highlands Council has reviewed the relevant components of the development proposal and authorizes it to proceed to the municipal review authority.
[2] 
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection G(7)(b)[1], above, shall in no case be approved by the reviewing Board unless: a) the proposed use of conditional water availability remains equal to or less than that authorized by the Highlands Council through its formal findings; b) the proposed methods of deficit mitigation are consistent with those so approved; and c) the anticipated levels of mitigation are sufficient to meet the associated mitigation requirements. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to conditional water availability, however.
[3] 
Deficit mitigation requirements. Applicants proposing the use of conditional water availabity shall comply with the deficit mitigation requirements herein.
[a] 
The mitigation requirement applicable to any development project derives from the Highlands Council Scaled Mitigation Requirements table, provided below (Table 1). The figures represent the applicable recharge requirement as a percentage of consumptive/depletive water use.
Table 1. Scaled Mitigation Requirements
Proposed Consumptive or Depletive Water Use (gpd)
Deficit (MGD)
<= 1,000
1,001 - 5,000
5,001 - 10,000
10,001 - 25,000
> 25,000
0.0001 - 0.050
125%
125%
125%
150%
150%
0.051 - 0.100
125%
125%
125%
150%
150%
0.101 - 0.250
125%
125%
150%
150%
175%
0.251 - 0.500
125%
150%
150%
175%
200%
0.501 - 1.000
125%
150%
175%
175%
200%
1.000 - 7.100
150%
175%
175%
200%
200%
[b] 
Deficit mitigation must be provided within the same HUC14 subwatershed as from which the source conditional water availability derives. If the project and water source are not located in the same subwatershed, however, only mitigation measures that benefit the source HUC14 subwatershed may be utilized to mitigate the deficit.
[c] 
The approval of any application proposing off-site deficit mitigation measures, whether through enhanced recharge or offsets from water conservation, shall be subject to the receipt of approvals from the Highlands Council and any other entities having jurisdiction over the activities proposed at the off-site location (whether located within or outside of the municipality).
[d] 
On-site deficit mitigation measures, whether from enhanced recharge or offsets from water conservation shall be subject to the following criteria:
[i] 
Water conservation measures. Water conservation measures may be credited toward mitigation requirements only with respect to existing land uses with consumptive or depletive water uses. (Such measures must be incorporated into the design of any new improvements, in accordance with Subsection G(3), above.) Approval of any application proposing such measures shall be conditioned upon implementation of the measures prior to receipt of any certificate of occupancy or approval for the project improvements. If conservation measures include such methods as reduced irrigation of landscaping, protective covenants (e.g., homeowner's association bylaws) or other such legal mechanisms must be established to ensure their enforceability.
[ii] 
Recharge measures. The applicant shall include the proposed mitigation measures in the project stormwater management plan, stormwater operation and maintenance manual, and applicable components of site design. The stormwater management plan and O & M manual shall achieve permanent maintenance and routine monitoring of the mitigation measure(s) so that the required rate of recharge is continuously achieved.
[e] 
Any application for which deficit mitigation requirements cannot be achieved shall not be approved by the reviewing authority. The applicant may modify any such proposal, however, to reduce the consumptive or depletive water uses to a level at which achieving deficit mitigation requirements is feasible. All applicants shall demonstrate compliance with these standards through submission of a Deficit Mitigation Plan, as provided below.
[4] 
Deficit Mitigation Plans. All applicants proposing deficit mitigation shall prepare and submit Deficit Mitigation Plans for approval which shall include the following elements:
[a] 
Detailed justification for the proposed conditional water availability use and documentation that the amount of consumptive or depletive use is minimized (including the conservation measures outlined in Subsection G(3), above).
[b] 
Engineering plans and drawings of mitigation facilities proposed to provide the necessary mitigation in the source HUC14 subwatershed.
[c] 
Sufficient information to demonstrate that the mitigation measures are individually feasible and in the aggregate will meet or exceed the mitigation requirement.
[d] 
Sufficient information to substantiate that the facility will recharge the groundwater table such that it reasonably can be expected (e.g., using general groundwater flow models) to support aquifer recharge, or to support stream flow with a travel time in excess of one month.
[e] 
Proposed implementation schedule demonstrating compliance with the following timeframe targets:
[i] 
Satisfaction of mitigation requirements within one year of issuance of building permit(s) if the consumptive or depletive water use is less than 20,000 gpd in the Planning Area or 10,000 gpd in the Preservation Area, on average.
[ii] 
Satisfaction of mitigation requirements within a longer time period for larger amounts, up to five years from issuance of building permit(s), but no later than upon initiation of the consumptive or depletive water use, except for projects that involve a combination of high current water deficits and large proposed consumptive and depletive water uses as shown in the shaded areas of the table Scaled Mitigation Requirements (Table 1, above), in which case, on-site mitigation shall be successfully completed prior to initiation of the water use but may be implemented concurrent with on-site construction. Off-site mitigation shall be successfully completed prior to any on-site construction.
[iii] 
Mitigation requirements may be phased in keeping with the level of consumptive and depletive water use that actually occurs based on phased construction of a project.
[f] 
Proposed operation, maintenance and monitoring requirements to ensure that sufficient recharge is maintained over time. These requirements shall at a minimum be sufficient to comply with N.J.A.C. 7:8 stormwater maintenance requirements.
[5] 
Conditions of approval. As a condition of any approval of a development application, inclusive of the proposed Deficit Mitigation Plan, pursuant to this subsection, the applicant shall:
[a] 
Demonstrate that the entity designated to implement the Deficit Mitigation Plan is qualified and capable of carrying out the plan, regardless of the timeframe involved.
[b] 
Provide proof of acceptance of all responsibilities for implementation of the Deficit Mitigation Plan by the responsible entity.
[c] 
Provide a cost estimate for implementation of the Deficit Mitigation Plan, inclusive of a 10% contingency.
[d] 
Provide performance and maintenance guarantees in accordance with all municipal and MLUL requirements in amounts as approved by the municipal engineer, sufficient to ensure the installation and implementation of all required Deficit Mitigation Plan measures. Such guarantees shall be available to the municipality and, secondarily, to the Highlands Council for implementation of the necessary deficit mitigation measures should the applicant fail to properly implement the measures according to the Deficit Mitigation Plan schedule. If the implementing entity is a public agency, the commitment must be in the form of a binding resolution or ordinance of the governing body, and the cost of implementation must be bonded to ensure sufficient resources.
[e] 
Ensure that the responsible entity shall report annually to the Highlands Council and the municipality regarding implementation of the Deficit Mitigation Plan until fully implemented, unless reporting is achieved through effectuation of a Water Use and Conservation Management Plan.
[f] 
Establish an ongoing system of such reporting which must operate until the relevant subwatershed is no longer in deficit, or until the reporting responsibility is absorbed into implementation of an approved Water Use and Conservation Management Plan.
H. 
Prime Groundwater Recharge Areas.
(1) 
Findings. Prime Groundwater Recharge Areas are those lands within a HUC14 subwatershed that most efficiently provide, in the aggregate, 40% of total drought recharge volume for the HUC14 subwatershed. Protection of such areas is vital to maintaining the quality and quantity of the groundwater resources upon which both human and nonhuman communities in the Highlands Area heavily rely. It is the intent of the provisions herein to ensure that Prime Groundwater Recharge Areas of the Highlands Area receive the highest possible protection from intrusion to protect both the recharge capacity that they provide and the quality of the groundwater supplies that they replenish.
(2) 
Applicability. The provisions of this section shall apply to any development application involving the Prime Groundwater Recharge Area (Exhibit 7),[15] whether in the Preservation Area or the Planning Area.
[15]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Standards. Disturbance of Prime Groundwater Recharge Area (PGWRA) by any regulated development shall be permitted only upon a finding by the reviewing board or other applicable municipal authority that the proposal complies with the provisions of this subsection.
(a) 
Avoidance. The proposed disturbance cannot be avoided. Development shall not occur in Prime Groundwater Recharge Areas unless either, the entirety of the subject property is located within a Prime Groundwater Recharge Area and thus cannot be avoided, or the disturbance represents the only viable alternate means to avoid Critical Habitat, Highlands Open Waters buffers, Moderately Constrained Steep Slopes, or Severely Constrained Steep Slopes, to the extent that these resources are also present upon the subject property.
(b) 
Minimization. The proposed disturbance cannot be minimized. 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 Prime Groundwater Recharge Area located within the affected parcels, placed where feasible on those parts of the PGWRA having the lowest relative recharge rates and the least potential for aquifer recharge based upon site analysis.
(c) 
Low-impact development. The proposal incorporates low-impact development practices. Low-impact development practices (see § 165-117.10B) shall be used in the design of the development proposal to reduce total recharge disruption to the minimum feasible, within the 15% cap.
(d) 
Mitigation. The proposal includes a PGWRA Mitigation Plan. Any development application involving disturbance of a Prime Groundwater Recharge Area shall be accompanied by a mitigation plan, providing for an equivalent of 125% of pre-construction recharge volumes for that portion of the Prime Groundwater Recharge Area 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.
(4) 
Potential contaminant sources. Where any use or structure classified as a Major Potential Contaminant Source (PCS) (as listed at Appendix B)[16] is proposed to be located or expanded within a Prime Groundwater Recharge Area, the standards of approval provided at Subsection I(3), below, shall apply in addition to the preceding requirements.
[16]
Editor's Note: Said appendix is included as an attachment to this chapter.
I. 
Wellhead protection.
(1) 
Findings. Protection of groundwater resources that directly provide water to potable water supply wells is vital to the public health, safety and welfare of the community. It is also of primary importance to ensure continued availability of clean drinking water to all that rely upon it. Through regulation of land use, physical facilities and other activities within Wellhead Protection Areas (WHPAs), the potential for groundwater contamination can be reduced by preventing the introduction and migration of pollutants into groundwater sources that supply water supply wells.
(2) 
Applicability. The provisions of this section shall apply to all proposed development activities in designated Wellhead Protection Areas (Exhibit 7)[17] in the Highlands Area, whether in the Preservation Area or the Planning Area.
[17]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Potential contaminant sources. Where any permitted use or structure classified as a major or minor potential contaminant source (PCS) (as listed at Appendix B or Appendix C)[18] is proposed to be located or expanded within a Wellhead Protection Area, the standards of this subsection shall apply. These conditions shall not be construed to waive or obviate any rules, regulations, or other requirements pertinent to such uses that may derive from outside agencies having jurisdiction, such as the NJDEP. The standards of this subsection shall not apply to existing uses, but shall apply to changes in uses or the expansion of existing uses.
(a) 
Best management practices. All potential contaminant sources shall be designed in a manner that prevents the unintentional discharge of toxic or hazardous pollutants to groundwater, surface water bodies, or the land surface from internal areas, loading and storage areas, transfer areas, etc. Best management practices include but are not limited to: primary and secondary containment; and prevention of contact between pollutants and precipitation, stormwater and floodwaters. Any application involving a PCS shall be approved only upon demonstration that these provisions have been satisfactorily addressed. Such findings shall be based upon review and recommendations by a qualified professional (e.g., environmental engineer), unless the application is accompanied by one of the following permits and authorizations, any of which shall be considered equivalent to the best management practices of this article. As applicable to the PCS involved, these may also be submitted in lieu of an Operations and Contingency Plan, as otherwise required under Subsection I(3)(b), following.
[1] 
A NJPDES permit approved by NJDEP pursuant to N.J.A.C. 7:14A;
[2] 
An underground storage tank approved by NJDEP under N.J.A.C. 7:14B;
[3] 
A Discharge Prevention, Containment and Countermeasure Plan (DPCC) approved by NJDEP pursuant to N.J.A.C. 7:1E;
[4] 
A hazardous waste remedial action approved by NJDEP pursuant to N.J.A.C. 7:26B, 26C, 26D or 26E, or by the United State Environmental Protection Agency pursuant to the Resource Conservation Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA);
[5] 
A hazardous waste facility approved by NJDEP pursuant to N.J.A.C. 26G;
[6] 
Approval by the SCD of a Farm Conservation Plan or Resource System Management Plan pursuant to N.J.A.C. 2:92 [see Subsection J(4) below and Appendix F];
[7] 
A solid waste facility approved by NJDEP pursuant to N.J.A.C. 26H; and
[8] 
A high-density Animal Waste Management Plan, an Animal Waste Management Plan, or a Comprehensive Nutrient Management Plan, as appropriate, developed pursuant to N.J.A.C. 2:91.
(b) 
Operations and Contingency Plans. Unless one of the permits or approvals listed at Subsection I(3)(a)[1] through [8], above, is provided, as a condition of approval of any application involving a Potential Contaminant Source within a WHPA, the applicant shall prepare and obtain approval of an Operations and Contigency Plan in accordance with the requirements herein. No certificate of occupancy or approval (as appropriate) for the development shall be issued until or unless the qualified professional authorized to administer these provisions verifies that the Operations and Contingency Plan has been approved and is on file with the appropriate entities.
(c) 
Approval of Operations and Contingency Plans. The proposed Operations and Contingency Plan shall be submitted to the Board of Health (or equivalent acting authority), Fire Department, Police Departments and Office of Emergency Management, as applicable. These agencies shall review and make any appropriate recommendations for approval or modifications of the Operations and Contingency Plan. The applicant shall incorporate the recommendations to produce a final document, for review by the designated municipal professional and each of the participating agencies. The designated municipal professional shall coordinate the agencies' responses to ensure that the final plan addresses all concerns of substance. Upon approval by the designated municipal professional, the plan shall be filed with all applicable entities and put into effect as indicated therein. In the event of any irreconcilable issue in developing or finalizing the plan, it shall be provided as proposed, to the reviewing Board, along with the recommendations of the designated professional, the participating agencies, and the applicant and applicant's agents and professionals. A decision by the reviewing board shall be final.
(d) 
Required content of Operations and Contingency Plans. An Operations and Contingency Plan shall be developed, where required under this article, for each potential contaminant source or group of potential contaminant sources (where multiple sources exist within a single facility owned and operated by a single entity) and shall address the following elements. An Operations and Contingency Plan for a minor potential contaminant source must demonstrate that the potential for a significant discharge is minimized to the extent practicable. An Operations and Contingency Plan for a major potential contaminant source must demonstrate that the potential for a significant discharge is the lowest technologically feasible:
[1] 
Documentation of the major and minor potential contaminant sources for the site;
[2] 
Types and quantities of hazardous substances or wastes that may be used, discharged or stored on site;
[3] 
Means used to prevent the spillage, leakage or discharge of such materials;
[4] 
Means to be used to contain or remedy accidental spillage, leakage, discharge or migration of such materials from the site directly or indirectly into groundwater;
[5] 
At a minimum, utilize best management practices as defined by Subsection I(3) and as specified by NJDEP and the United States Environmental Protection Agency, including but not limited to the regulations and guidance in the following areas: Discharge Prevention Containment and Countermeasures [N.J.A.C. 7:1E-4.2 (or most current)], Spill Prevention Control and Countermeasures [40 CFR 112.3 et seq.(or most current)], Stormwater and Non-point Source Pollution Control Best Management Practices Manual [NJDEP, April 2004 (or most current)];
[6] 
Specific training of facility personnel to contain or remedy accidental spillage, leakage, discharge or migration of such materials from the site directly or indirectly into groundwater, or surface water bodies or the land surface that provide recharge to the underlying aquifer;
[7] 
Procedures including a contact list and phone numbers for notifying the appropriate administrative authorities, including but not limited to NJDEP, the local fire and police, local office of emergency management and the Board of Health, regarding any spillage or discharge of such materials; and
[8] 
Demonstration that the proposed facility is designed to employ best management practices to the maximum extent feasible.
(e) 
Conditions for Operations and Contingency Plan. An Operations and Contingency Plan for the following potential contaminant sources, where required under this article, shall not be required to meet the requirements of Subsection I(3)(d)[7] or [8], above, unless the designated professional determines that the potential contaminant source constitutes a significant threat to groundwater or water supply quality due to particular site conditions:
[1] 
Individual subsurface disposal system (i.e., septic system) leach field in Tier 2 or Tier 3 of a WHPA, or within a PGWRA;
[2] 
Individual subsurface disposal system (i.e., septic system) leach field where such systems are subject to a routine, mandatory inspection and pumping schedule pursuant to Board of Health Ordinance;
[3] 
Cemeteries that are closed to future interments;
[4] 
Underground heating oil storage tanks with a capacity of less than 250 gallons;
[5] 
Sanitary sewer lines and manholes;
[6] 
Stormwater infiltration basins for nonindustrial land uses;
[7] 
Dry wells for nonindustrial land uses;
[8] 
Stormwater conveyance lines for nonindustrial land uses; or
[9] 
Any category of existing, proposed or replacement major or minor potential contaminant source where the Operations and Contingency Plan commits to having no potential contaminants stored, discharged, manufactured or used on-site.
(f) 
Confidentiality protections. Any information included in an Operations and Contingency Plan which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., shall be held confidential by all local entities participating in its review or implementation, subject to the limitations set forth therein.
[18]
Editor's Note: Said appendix is included as an attachment to this chapter.
J. 
Agricultural resources.
(1) 
Findings. The Highlands Area contains fertile soils, receives plentiful rainfall, and is characterized by a moderate climate favorable to agricultural and horticultural production. The agricultural industry is vital to the state, the region and the community not only for local provision of agricultural products, but for the economic benefits associated with agricultural production and for maintenance of the rural character associated with agricultural lands. It is the intent of this section to promote sustainable agriculture (as defined at § 165-117.6B) in the Highlands Area by ensuring the long-term sustainability of agricultural resources and the viability of the agricultural industry. These provisions are intended to ensure a healthy agricultural environment and a sufficient agricultural land base, by protecting farmland and farm soils, promoting farmland preservation, and providing the allowances necessary to permit and support farming and farm operations.
(2) 
Applicability. The provisions of this section apply to agricultural and horticultural uses in the Highlands Area and to the lands of the Agricultural Resource Area (Exhibit 8),[19] specifically. The Agricultural Resource Area (ARA) consists of the areas of most concentrated and contiguous agricultural uses in the Highlands Area and contains major areas of Important Farmland Soils. These provisions shall apply to both the Preservation Area and the Planning Area.
[19]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Agricultural Resource Area.
(a) 
Agricultural and horticultural development. In accordance with the provisions of § 165-117.8B(1), above, permitted uses in the ARA include agricultural and horticultural uses (as defined at § 165-117.6B). Accessory uses permitted in conjunction with such uses include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses. The specific permitted uses and other applicable requirements pertaining to agricultural and horticultural development in the ARA include the following:
[1] 
Permitted uses and accessory uses. Agricultural and horticultural development and uses shall be permitted in accordance with the provisions of Chapter 165, Land Use Regulations, and in consideration of the requirements of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[2] 
Bulk and other requirements. Bulk and other requirements regulating agricultural and horticultural development and uses shall be applied in accordance with the provisions of Chapter 165, Land Use Regulations, and in consideration of the requirements of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[3] 
Other regulations. Approval of any application proposing agricultural or horticultural development pursuant to this subsection shall in addition, be subject to the provisions of Subsection J(4) through (10), below.
(b) 
Residential development. Pursuant to § 165-117.8B(1), above, where the underlying zoning permits residential development within any portion of the ARA, the only form of such development permitted is residential cluster development in accordance with the provisions of § 165-117.11A, below, provided the minimum thresholds [see § 165-117.11A(6)] can be satisfied. Where such thresholds cannot be met, the allowances for residential development provided in the underlying Zoning Ordinance apply to applications for such development, subject to all density and resource protection requirements of this article. Lawfully existing residential development in the ARA that does not meet the cluster development requirements of § 165-117.11A, is permitted to continue; it remains under the regulations of the underlying Zoning Ordinance, and is not made nonconforming by the provisions of § 165-117.8B(1).
(c) 
Other development. Where the underlying Zoning Ordinance provides for other permitted uses within the ARA, such uses shall remain as permitted uses, unless eliminated or reverted to a conditional or prohibited use by the other provisions of § 165-117.8B.
(4) 
Conditions of approval. The approval of any application for agricultural or horticultural development in the Highlands Area is subject to specific requirements concerning the development and implementation of farm conservation plans, as provided in this subsection.
(a) 
Preservation Area. The approval of any proposal for agricultural or horticultural development in the Preservation Area is subject to specific requirements of the Highlands Act, as provided at Appendix D, enforceable by the NJDA or the local Soil Conservation District in accordance with the NJDA Agricultural Development in the Highlands Rules (N.J.A.C. 2:92, Appendix E).
(b) 
Planning Area. The approval of any proposal for agricultural or horticultural development in the Planning Area is subject to the specific requirements listed at Subsection J(10)(b)[1] through [3], below, which are enforceable by the Highlands Council. As a condition of any local approval, the owner or operator of the Farm Management Unit or his/her agent shall be required to obtain a release from the Highlands Council indicating that these requirements have been or will, by formal agreement or other appropriate means, be satisfactorily addressed. This condition shall be satisfied only by submission of a copy of formal notice of such release issued by the Executive Director of the Highlands Council. No permit(s) shall be issued and no land disturbance in connection with the approval shall be permitted until or unless this condition has been satisfied.
[1] 
Farm Conservation Plan. The development and implementation of a Farm Conservation Plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% but less than 9% to the total land area of a Farm Management Unit (as defined at § 165-117.6B above). Solar panels (as defined at § 165-117.6) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
[2] 
Resource Management System Plan. The development and implementation of a Resource Management System Plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover by 9% or greater to the total land area of a Farm Management Unit (as defined at § 165-117.6B above). Solar panels (as defined at § 165-117.6) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
[3] 
Plan requirements. Any Farm Conservation Plan required pursuant to this section shall be prepared in conformance with Sections III and IV of the June 1, 2005, NRCS New Jersey Field Office Technical Guide (available electronically at http://www.nrcs.usda.gov/technical/efotg/), as may be amended and supplemented by the NRCS, and shall include all items required under N.J.A.C. 2:92-3.1, for same (see applicable provisions at Appendix E).[20] Any Resource Management Systems Plan required pursuant to this section shall be prepared in conformance with all sections of the same Guide, inclusive of all items required under N.J.A.C. 2:92-4.1, as also provided in Appendix E.
[20]
Editor's Note: Said appendix is included as an attachment to this chapter.
(5) 
Right to farm. Nothing in these provisions or in the whole of this article shall be construed to alter or compromise the goals, purposes, policies and provisions of, or lessen the protections afforded to farmers by, the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1 et seq.), and any rules or regulations adopted pursuant thereto.
(6) 
Approvals subject to outside jurisdiction. The provisions of this section shall not be construed to alter or obviate the requirements of any other applicable state or county laws, rules, or regulations, including specifically N.J.A.C. 2:92, Agricultural Development in the Highlands, as promulgated by the New Jersey Department of Agriculture, or those of the SADC, the CADB, the Soil Conservation Districts, or the NJDEP.
K. 
Scenic resources.
(1) 
Findings. The scenic resources of the Clinton Township Highlands Area are part of the unique landscape that defines the Highlands Region. These resources are essential to the character and aesthetic quality of the Highlands Area and of the wider region. Protecting these resources and maintaining the visual integrity and scenic beauty of noteworthy viewsheds and natural and cultural features of significance in the Highlands Region adds social, economic, and environmental benefits to the community. It is the intent of these provisions to ensure the protection of Highlands Area Scenic Resources, both from disturbances that may alter or damage such resources directly, or by intrusion(s) into scenic viewsheds that provide visual access to them, and of which they are a part.
(2) 
Applicability. The provisions of this section shall apply to any development application involving property which is located either, among those identified as containing a Highlands Scenic Resource pursuant to Exhibit 9[21] (and listed as such in the Clinton Township Highlands Element of the Master Plan), or which lies adjacent to any property containing or partially containing such Resources. These provisions shall apply to both the Preservation Area and the Planning Area.
[21]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(3) 
Referral to Highland Council required. Any development application involving a lot or lots covered by Subsection K(2), above, 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.
(4) 
Exceptions. At such time as the municipality has, pursuant to all applicable provisions of the MLUL (N.J.S.A. 40:55D-1 et seq.) established an Historic/Scenic Resources Preservation Commission authorized to survey, advise and make recommendations concerning scenic resources, adopted an Historic/Scenic Resources Preservation Ordinance, listed a resource included among the Highlands Scenic Resources (Exhibit 9)[22] in the Historic/Scenic Preservation Element of the Master Plan, and by ordinance designated such resource as a historic/scenic site or district in accordance with duly established criteria, referral to the Highlands Council of a development application involving the lot or lots on which such resource is located need not occur until after completion of all facets of the local review have taken place, and such referral shall instead be a condition of any approval of the application.
[22]
Editor's Note: Said exhibit is included as an attachment to this chapter.
A. 
Affordable housing. Nothing in this article shall be construed to waive, obviate, modify or otherwise exempt any covered development project, or any person proposing or involved in such project, from the applicable provisions of the municipal ordinances and any other regulations adopted consistent with the Fair Housing Act to ensure opportunity for low- and moderate-income housing. Neither shall the provisions of this article be construed to waive or exempt projects that include such housing from adherence to the requirements of this article. The provision of low- and moderate-income housing in Clinton Township shall be in accordance with Chapter 151, Housing, Affordable, of the Township Code.
B. 
Low-impact development.
(1) 
Applicability. The following provisions shall apply to all development applications involving property in the Highlands Area, whether in the Preservation Area or the Planning Area.
(2) 
Standards.
(a) 
Applicants shall demonstrate that the project design process incorporates conservation design planning, including the following steps:
[1] 
Preparation of an existing features and site analysis plan, including identification of Highlands Area resources and Resource Areas;
[2] 
Evaluation of site context through identification of the physical and community character of the surrounding area;
[3] 
Selection of open space conservation areas, where applicable, that maximize the retention of resource values, provide connections to existing trails, open spaces or greenways, and incorporate natural features and characteristics as site amenities;
[4] 
Establishment of development yield (e.g., residential, retail, office) and apportionment of septic system yield, net water availability, and water supply and sewer utility availability, as applicable, and in keeping with all density and intensity requirements of § 165-117.8C, above;
[5] 
Lay out of building lots, if applicable, and incorporation of low-impact development design techniques for site design, stormwater management and resource protection; and
[6] 
Incorporation of resource standards and smart growth guidelines.
(b) 
Development applications must achieve stormwater management in compliance with Subsection D, below, including the municipal stormwater management ordinance established in compliance with the municipal stormwater NJPDES permit under N.J.A.C. 7:14A and 7:8, and all applicable NJDEP standards and requirements.
(c) 
Relief from the strict application of the provisions of the underlying Township Land Use Ordinance applicable to site design shall be considered where necessary to provide for incorporation of smart growth principles and low-impact development techniques such as use of shared parking and driveway areas, biofiltration swales, rainwater capture and reuse, and reduced road or driveway widths. Where such deviations will minimize or eliminate adverse impacts to Highlands natural resources, these benefits shall be given significant weight in the analysis of approval criteria.
(d) 
The site preparation plan shall limit clearing, grading and soil compaction to the minimum required to construct the project in accordance with the approved plans, inclusive of area for construction equipment maneuvering, while ensuring protection of mature trees and habitat outside of the site development area.
(e) 
Landscaping shall use native, drought-tolerant (other than where used in rain gardens, biofiltration swales and other stormwater management facilities), disease-resistant plants, allowing for natural landscaping wherever feasible, and shall under no circumstances include invasive species.
(f) 
Building orientation and design shall be designed to take advantage of micro-climate conditions, to the maximum extent feasible, to maximize solar gain for winter heating, and to minimize solar gain during high temperature summer conditions except where desirable for the construction of solar energy systems. Other energy-efficient features shall be considered and incorporated into site layouts and buildings, as appropriate.
(g) 
The applicant shall ensure reuse and recycling of building materials, to the extent possible, when development involves demolition.
(h) 
All low-impact development features shall be maintained through a monitoring and maintenance plan, with procedures for replacing such features as necessary.
C. 
Conservation restrictions.
(1) 
Applicability. The following provisions shall apply to all applications involving property containing any of the following Highlands Resources, Highlands Resource Areas, or Special Protection Areas: forested portions of the Forest Resource Area (delineated in accordance with Appendix A), Highlands Open Waters, Highlands Open Waters buffers, Steep Slopes (any area containing 5,000 square feet or more of contiguous Steep Slopes, or any portion of such an area), Steep Slope Protection Area, Critical Habitat, Prime Groundwater Recharge Area, and Lake Management Area Shoreland Protection Tier. These provisions shall apply in both the Preservation Area and the Planning Area; whether or not any disturbance of such Resources or Areas is proposed; and regardless of the type of application at issue (e.g., zoning or building/construction permit application requiring prior resource review and approval, Highlands Resource Permit application, application for development). These standards shall also apply in the case of any specific requirement for a conservation restriction as set forth by the provisions of this article. Nothing herein shall be construed to preclude the imposition of conservation restrictions in the case of Highlands Resources, Resource Areas, or Special Protection Areas not listed above or where not specifically required otherwise, where the approving authority or other applicable authority finds that such restrictions are necessary to protect the particular resource(s) at issue, or to ensure the public health, safety, or general welfare of the community.
(2) 
Standards. Approval of any application shall require that the applicant commit to and perfect a conservation restriction protecting the Highlands Resources, Highlands Resource Areas, or Special Protection Areas existing (or as remaining after an authorized disturbance) on the subject property in accordance with the requirements that follow. In the case of an application pertaining to a single-family home that is neither exempt nor excluded from this article, such restrictions shall be so drawn and described as to permit the future use of any underutilized portion of either the disturbed area coverage allowance or the impervious surface area allowance, provided as exclusions pursuant to § 165-117.5A(1), above.
(a) 
The conservation restriction shall run with the land on which the approved project is located, shall apply to all lots subdivided from that land and sold or transferred to other persons, and shall be binding upon the landowner and his or her successors in interest. To ensure that notice of the conservation restriction is provided to all present and future interested parties, the landowner or contract purchaser receiving the approval shall:
[1] 
Record the conservation restriction(s) in the office of the County Clerk or Register, as applicable prior to commencement of any work authorized under the approval; and
[2] 
Ensure that a copy of the conservation restriction is provided to the Highlands Council and to the Township Clerk with a request that it be placed in the file for the lot containing the approved project.
(b) 
The conservation restriction(s) shall describe and include all regulated features on the property, including any required mitigation. The proposed easement(s) shall be depicted in the proposed plans, inclusive in the case of major site plans and major subdivisions, of plan notes specifying the location and construction of clear and permanent on-site monuments, such as concrete posts, designed to minimize the need for land clearing and avoid obstruction of wildlife movement.
(c) 
The conservation restriction shall include either:
[1] 
A survey and metes and bounds description of the entire restricted area; or
[2] 
A parcel plan showing the survey boundary lines to the full extent of the subject property, and indicating the limits of the existing disturbance area, any additionally approved disturbance area, and of any area excluded pursuant to § 165-117.5A(1), with the indication that no further development or disturbance shall be permitted; or
[3] 
In the case of no proposed encroachment upon Highlands Resources or Areas, and availability of Highlands Council GIS mappings for all such resources and areas present upon the property, copies of all such mappings applicable to the parcel.
(d) 
In the case of preserved farmland or dedicated open space, the conservation restriction shall be enforceable by the Highlands Council and the municipality, and at least one of the following, as appropriate: the SADC or CADB, the NJDEP Green Acres Program, or a qualified nonprofit land trust organization. All such easements shall require periodic monitoring to ensure that on-going land use and management practices remain protective of the subject resources.
(e) 
All other conservation restrictions shall be enforceable by the municipality and, for Planning Area lands, by the Highlands Council, and for Preservation Area lands, the NJDEP and the Highlands Council.
(f) 
The language to be included in the conservation restriction shall be reviewed and approved by the Township or Board Attorney, as applicable.
(3) 
Deed notice for exemptions. In the case of any municipal exemption determination authorized pursuant to § 165-117.12A(2)(b)[1][b] below, filing of a fully executed, certified deed notice shall satisfy the requirements that the balance of the property be protected from future disturbance, provided it incorporates each of the components listed herein.
(a) 
Clear identification of the name(s) and address(es) of the owner(s) in fee of the property;
(b) 
Designated tax block and lot number(s), street address(es), municipality and county of location of the property;
(c) 
Reference to the municipal exemption determination (by date, numbering if applicable) issued and under which the deed notice is being filed;
(d) 
Description of the approved area of ultimate disturbance and the impervious surface area, with verification that these consist of less than one acre and 1/4 acre, respectively;
(e) 
For properties of one acre or more in area, metes and bounds delineation indicating the portion of the property for which the ultimate disturbance has been authorized;
(f) 
Agreement to abide by the ultimate disturbance and impervious surface limits imposed, any furtherance thereof rendering the municipal exemption determination null and void; and
(g) 
Notice that the owner(s) and subsequent owner(s) and lessees shall cause all leases, grants, and other written transfers of interest in the property to contain provisions expressly requiring all holders thereof to take the property subject to the limitations therein set forth.
D. 
Stormwater management.
(1) 
Applicability. The provisions of this section shall apply to any development application involving property in the Preservation Area or the Planning Area, with the exception of any application requiring NJDEP issuance of an HPAA for major Highlands development in the Preservation Area.
(2) 
Standards.
(a) 
Carbonate Rock Areas. Stormwater management plans shall be provided in connection with any application proposing development within a Carbonate Rock Area. Such plans shall be in full compliance with the provisions of § 165-117.9E above, and shall be approved only upon demonstration that potential hazards to public health and safety, structures and groundwater quality due to concentrated surface water flows that dissolve carbonate rock have been eliminated or otherwise addressed to the satisfaction of the reviewing engineer (or qualified professional). Development plans must indicate the means and methods by which such discharge shall be mitigated, with the maximum emphasis on use of nonstructural measures and avoidance of modifications to the karst features. Waivers requested from any applicable section of the required stormwater management rules promulgated under N.J.A.C. 7:8 and/or Article XXXV of the Clinton Township code due to development within a Carbonate Rock Area shall be mitigated as stipulated in the design standards of Article XXXV of the Township Code and/or N.J.A.C. 7:8 for a Major Development.
(b) 
Beneficial stormwater reuse. Development applications involving water demands for recreational uses, nonagricultural irrigation, and other nonpotable uses shall demonstrate maximum practical stormwater reuse to minimize both the volume of stormwater discharges and the water demand sought for such purposes.
(c) 
Regional stormwater plans. The stormwater management aspects of any development plan shall comply with all applicable components of any regional stormwater management plans adopted by NJDEP pursuant to N.J.A.C. 7:8 and N.J.A.C. 7:15.
(d) 
Total maximum daily loads (TMDLs). Applications shall be designed in compliance with any TMDL adopted by NJDEP (pursuant to N.J.A.C. 7:15) that has also been adopted by the municipality in compliance with the municipal stormwater management ordinance as established pursuant to the municipal stormwater NJPDES permit under N.J.A.C. 7:14A and 7:8.
(e) 
Prime Groundwater Recharge Areas. Where disturbance of Prime Groundwater Recharge Area (PGWRA) is permitted under § 165-117.9H, above, the applicant shall demonstrate compliance with all provisions of §§ 165-117.8B and 165-117.9I, above.
(f) 
Water quality. To the maximum extent feasible, the plan shall ensure recharge of clean stormwater rather than contaminated stormwater. Where runoff from contaminated areas is unavoidable, the applicant shall incorporate low-impact development (see Subsection D(2)(h), below) and other best management practices standards to minimize the discharge of stormwater-entrained pollutants to ground and surface waters.
(g) 
Wellhead Protection Areas (WHPA). Any stormwater management structure located within a WHPA shall be permitted only in compliance with the provisions of §§ 165-117.8B and 165-117.9I, above.
(h) 
Low-Impact Development (LID). To the maximum extent feasible, LID techniques shall be incorporated into the design of all development proposals, to preserve, mimic and enhance the natural hydrologic cycle, drainage patterns and natural land cover existing on the site, including but not limited to:
[1] 
Implementation of on-site stormwater management features that maintain, restore and enhance the preexisting natural drainage patterns of the site;
[2] 
Achievement of an on-site stormwater capture performance standard of 80% for average annual precipitation, using low-impact development design techniques preferentially, and structural stormwater measures only to the extent necessary;
[3] 
Limitations on the amount of impervious cover on a site as a means to protect and increase stormwater infiltration and reduce stormwater runoff;
[4] 
Use of a "design with nature" approach where natural features are used or enhanced to achieve management of runoff volume, rate and quality of stormwater;
[5] 
Use of grass channels, dry swales, wet swales, infiltration basins, bio-swales and water gardens, green roofs, and other low-impact approaches to attenuate and control stormwater and provide multiple environmental benefits; and
[6] 
Minimization of: a) disturbances to natural vegetation and topography; b) exposure of stormwater runoff to pollutant-generating land uses; and c) alterations in the hydrologic response to precipitation through natural patterns.
[7] 
Integration of stormwater management design features with public spaces, existing and proposed landscape features, and buffers, to the extent applicable.
E. 
(Reserved)
F. 
Septic system design and maintenance. The requirements herein apply to proposed development activities reliant upon installation of individual subsurface septic disposal systems, regarding the proper operation, design, development, monitoring, placement and maintenance of septic systems.
(1) 
The design of septic systems shall be in compliance with the Standards for Individual Subsurface Sewage Disposal Systems at N.J.A.C. 7:9A and any applicable Board of Health Ordinance and shall be subject to approval of the Board of Health.
(2) 
All applications shall demonstrate that the proposed plan incorporates the applicable requirements of N.J.A.C. 7:9A with respect to soils suitability, location, size, and separation distances.
(3) 
All applications proposing new septic systems shall incorporate reserve septic system disposal areas for each septic system, which are sufficient with respect to soils suitability, location and size to meet the requirements of N.J.A.C. 7:9A, to ensure the long-term viability of septic systems in new development.
(4) 
Any application proposing a new septic system (or systems) shall be conditioned upon filing of a deed restriction(s) or deed notice(s) protecting the delineated location(s) of the reserve septic system disposal field(s), prohibiting the placement thereon of any permanent structure(s), preserving the area (and its soils) for future installation of a replacement disposal field, and requiring that it be shown on all plans and referenced within any future applications for permits or improvements to the property.
(5) 
All new individual septic disposal systems shall be subject to any applicable septic system management and maintenance requirements of the Board of Health, including those established in the Board of Health Ordinance and in compliance with the standards for septic system maintenance in the Water Quality Management Planning Rules, N.J.A.C. 7:15.
(6) 
The application shall demonstrate compliance with any Board of Health Ordinance and any other Board of Health ordinances to achieve the maintenance of existing and new septic systems.
(7) 
New development proposing to use septic systems shall be designed in a manner that ensures that untreated well water meets state drinking water quality standards for non-natural contaminants and minimizes the risk of well contamination due to the flow of septic systems plumes within or between developed lots, addressing general background water quality and flow patterns, major fracture systems and other appropriate geological, geophysical and hydrogeological issues.
G. 
Public water systems. The creation or expansion of any public water system, as permitted in the Existing Community Zone or any approved Highlands Center within the Planning Area (pursuant to § 165-117.8C(7), above) shall comply with the following requirements:
(1) 
Estimation of need. Development water supply demands shall be calculated based on maximum summer month demand and on annual average demand using demand factors in N.J.A.C. 7:10, Safe Drinking Water Regulations.
(2) 
Water resource transfers. Applicants shall demonstrate that under the proposed action either:
(a) 
No new or increased water transfer between subwatersheds will occur; or
(b) 
No other option exists to meet public health, safety and welfare objectives, and where such transfers do occur, they are in full compliance with the requirements of § 165-117.9G above (Water conservation and deficit mitigation), including limitations on demands on the source subwatershed.
H. 
Wastewater collection and treatment systems. The creation or expansion of any wastewater collection and treatment system, as permitted in the Existing Community Zone of the Planning Area (pursuant to § 165-117.8C(7), above), shall comply with the following requirements:
(1) 
WQMP consistency. The proposed system shall be consistent with the relevant Areawide Water Quality Management Plan adopted by NJDEP pursuant to N.J.A.C. 7:15.
(2) 
Prohibitions. Expansion of sewer service areas shall not be permitted for existing wastewater collection and treatment systems that are non-compliant with NJPDES permit requirements for effluent quality.
(3) 
Estimation of need. Development wastewater demands shall be calculated based on maximum three-month demand and on annual average demand using demand factors in N.J.A.C. 7:14A or N.J.A.C. 7:9A as appropriate.
(4) 
Water resource transfers. Applicants shall demonstrate that under the proposed action either:
(a) 
No new or increased water transfer between subwatersheds will occur; or
(b) 
No other option exists to meet public health, safety and welfare objectives, and where such transfers do occur, they are in full compliance with the requirements of § 165-117.9G above (Water conservation and deficit mitigation), including limitations on demands on the source subwatershed.
A. 
Residential cluster development.
(1) 
Findings. The intent of this section is to provide for cluster and conservation design development (hereinafter referred to as cluster development) consistent with Clinton Township's Land Use Plan Element of the Master Plan and as defined at § 165-117.6B. Cluster development is a development design technique under which principal buildings and structures are grouped together on a portion of the Cluster Project Area, while the remaining land area is permanently deed-restricted in agricultural use, for conservation of natural resources, or as open space for environmental protection including public recreational use. Cluster development allows flexibility in the design and layout of development projects, providing opportunity for new construction while addressing other priorities, such as: protecting environmentally sensitive areas, preserving large contiguous areas of open space and agricultural land, supporting the continuation of existing agricultural and/or horticultural land uses, and developing attractive residential development consistent with community character.
(2) 
Applicability. Provisions of this section shall apply to all lands in the ARA, including that in both the Preservation Area and the Planning Area, as provided at § 165-117.7C(11) and as designated in the map entitled "Agricultural Resource Area" (Exhibit 8). The permitted principal residential use for any underlying municipal Zoning District in the ARA which permits single-family, townhouse or multifamily residential development as a principal use is restricted solely to cluster development in accordance with § 165-117.8B(1)(b), which incorporates all provisions of this section. Approval of all residential cluster development within the ARA shall be conditioned upon approval by the Highlands Council in accordance with the Highlands Council Cluster/Conservation Design Development Guidelines. Cluster development within the ARA shall be consistent with the Master Plan and the provisions of this article by supporting the preservation of farmland, avoiding conflicts with agriculture, maintaining and enhancing the sustainability and continued viability of the agricultural industry, protecting Important Farmland Soils, and meeting the management and protection provisions of this article for Highlands Area Resources. Where any provision of this section is in conflict with another provision of this article, the provisions of § 165-117.11 shall supersede such other requirement(s).
(3) 
Cluster Project Area standards. The Cluster Project Area (as defined at § 165-117.6B, Definitions) includes all of the individual parcels from which development is clustered, including the area set aside for preservation and the area set aside for development. A major Highlands development in the Preservation Area that proposes or is required to use cluster development shall comply with § 165-117.5B. Residential cluster development shall be implemented in accordance with the Highlands Council Cluster/Conservation Design Development Guidelines, incorporated by reference herein, and shall incorporate the provisions below for the Cluster Project Area. The use of clustering in Highlands Zones or Sub-Zones having a high concentration of environmentally sensitive resources will be limited. The use of noncontiguous clustering, wherein the development rights of noncontiguous parcels are aggregated for use upon a single parcel (or group of adjacent parcels) suited to cluster development, shall be permitted and is encouraged where it affords a higher level of protection to Highlands Resources and Resource Areas than would otherwise be the case. Land management and stewardship, including best management practices and conservation and/or management plans, for the Cluster Project Area shall be subject to the provisions of § 165-117.9 for all Highlands Area Resources including, but not limited to, protection, restoration, maintenance and mitigation, as applicable. In no circumstance shall the gross yield, density, and intensity of any proposed cluster project exceed the gross yield, density, or intensity otherwise permitted under the Land Use Regulations Ordinance of Clinton Township.
(4) 
Preservation set aside of Cluster Project Area standards.
(a) 
The area set aside for preservation in a Cluster Project Area shall comprise at least 80% of the total Cluster Project Area and shall be preserved in perpetuity for agricultural use, public passive open space or for protection of environmental resources. If the Cluster Project Area is served by a public or community on-site wastewater system, the area set aside for preservation shall comprise at least 90% of the Cluster Project Area to the maximum extent this is feasible. All land preserved in perpetuity shall require a conservation restriction that complies with § 165-117.10B and is enforceable and monitored by the Highlands Council, the Township, and, where requested by the Highlands Council; for environmental protection, the NJDEP Green Acres or a qualified land trust nonprofit organization, or for agricultural use, the CADB or the SADC. All preservation set asides shall be deed-restricted against further subdivision and shall consist of one contiguous parcel, to the maximum extent feasible, unless noncontiguous clustering is utilized.
(b) 
When agricultural resources are preserved the following provisions shall apply:
[1] 
The most productive Important Farmland Soils, determined in accordance with NRCS USDA soil survey data, NJDA and the local SCD shall be given priority in determining the area set aside for agricultural preservation within the Cluster Project Area.
[2] 
The conservation easement or deed restriction and a legally enforceable homeowner's agreement, where applicable, shall include Right to Farm Act provisions.
[3] 
Retention of the original farmstead or construction of new farmsteads associated with preserved agricultural lands in cluster developments shall be permitted.
[4] 
The preserved portion of the Cluster Project Area shall be buffered appropriately to avoid conflicts between agricultural operations and adjacent development, including the developed portion of the Cluster Project Area, and to facilitate compliance with Township Right to Farm regulations.
[5] 
This article supports sustainable agriculture (as defined at § 165-117.6B and consistent with the Master Plan) and requires the implementation of best management practices on the agricultural land, including as a condition of any approval, development and implementation of a Farm Conservation Plan (as defined at § 165-117.6B and described at § 165-117.9J(4) that addresses the protection of water and soil resources, prepared by the USDA NRCS, TSP, appropriate agent or NJDA staff, and approved by the local SCD.
[6] 
Community supported agriculture businesses shall be permitted within the preserved portion of the Cluster Project Area to allow homeowners to take advantage of local agricultural goods and services and to enhance the viability of the agricultural industry.
[7] 
Requirements (e.g., bulk standards) applicable to agricultural development shall be as provided for other agricultural uses at § 165-117.9J(3).
(c) 
When natural resources or open space are protected the following provisions shall apply:
[1] 
Cluster development shall meet the resource management and protection requirements of the Highlands Area Resource provisions at § 165-117.9 and shall be consistent with the policies of the Master Plan.
[2] 
Where high-value natural resources are preserved, the conservation easement or deed restriction shall prohibit active recreational uses and facilities, and only allow minimal passive recreational uses dependent upon the nature of the resources.
[3] 
Passive recreational trails shall be allowed provided they do not disturb habitat and shall be natural landscape trails constructed using native pervious materials or impervious materials in the Planning Area. Where feasible, such passive recreational trails shall link to existing federal, state and local trail systems, greenways and parks.
[4] 
Buffering techniques, management and stewardship of natural resources, and site design for the Cluster Project Area shall be used, where feasible, to enhance the existing natural resources protected within the Cluster Project Area.
(5) 
Development set aside of cluster project area standards.
(a) 
Cluster development shall be designed to avoid or minimize disturbance of natural resources and agricultural resources (including ARAs) of the Highlands Region in compliance with the provisions of this article.
(b) 
The total area set aside for development in the Cluster Project Area shall not exceed 20%. To the maximum extent feasible, the developed area of the Cluster Project Area shall occupy no more than 10%, if the project area is served by a public or community on-site wastewater system.
(c) 
Cluster development yields for sites with on-site waste disposal systems shall be based on the septic system yields for the Cluster Project Area at a maximum, as established at § 165-117.8C(5), or at the development density allowed under Clinton Township zoning, whichever is more restrictive. Sites served by a public sewer system shall have density yields as prescribed in the Clinton Township Land Use Regulations Ordinance. This provision shall not apply in the event of an application approved by the Highlands Council involving the use of Highlands Development Credits, where adequate infrastructure is available, and the development is consistent with the provisions of this article at § 165-117.8C.
(d) 
Water and wastewater availability, expansion, or creation for cluster development shall be in compliance with § 165-117.8C(6) through (8) and shall meet the resource management and protection provisions of this article.
(e) 
Cluster residential development proposing to use septic systems shall be designed in compliance with § 165-117.8C(5) and shall meet the resource management and protection provisions of this article.
(f) 
All infrastructure, open space and utilities necessary to support the residential cluster development shall be located within the development set-aside of the Cluster Project Area (i.e., streets, common open space areas, wastewater facilities and stormwater management). However, site disturbance for and the installation of utilities shall be permitted to extend from the Cluster Project Area through the conservation set-aside as determined to be necessary, subject to Clinton Township review and approval.
(g) 
Where a municipality has developed and the Highlands Council has approved a plan for the aggregation of cluster developments to minimize the potential for dispersed clusters, the cluster development shall be consistent with such plan.
(h) 
Cluster development shall incorporate smart growth principles where feasible, including, but not limited to: a mix of land uses; compact building design; walkable neighborhoods; a range of housing opportunities and choices; foster distinctive communities with a strong sense of place using design techniques illustrated in the Highlands Cluster/Conservation Design Development Guidelines; preserve critical natural and agricultural resources; direct development towards existing infrastructure (i.e., water, wastewater, transportation, and community facilities); provide a variety of transportation choices (i.e., pedestrian, bicycle automobile, bus, rail); and encourage community and stakeholder collaboration in development decisions.
(i) 
Cluster development shall incorporate LID techniques, as set forth at § 165-117.10B.
(j) 
Cluster development shall be designed to maintain the Highlands rural, scenic and historic character and shall consider and harmonize with existing community character with respect to architectural style, scale, massing and arrangement of buildings. Protection of Highlands Scenic Resources (Exhibit 9) shall be considered and incorporated consistent with the provisions at § 165-117.9K. Primary criteria for site design decision-making shall include protection of existing resources and minimization of negative impacts.
(k) 
All buffers and setbacks shall consider and incorporate or harmonize with existing natural, agricultural, historic and scenic resources and with community character. Buffers and setbacks shall be designed to consider and harmonize with the Cluster Project Area and adjacent existing development. Existing natural resources and vegetation (e.g., hedgerows/trees, woodlands or forest, wetlands, streams) shall be retained and may be enhanced as buffer features whenever feasible. Where the cluster development is integrated into an existing neighborhood or center-type development, the developed area of the cluster shall be located behind an existing hedgerow (mature trees) or screened with a new buffer as appropriate, such as a thickly planted berm of native trees or shrubs that is landscaped in such a manner as to resemble existing woodlands.
(l) 
Site disturbance shall be restricted to clearing, grading, provision of stormwater management facilities and installation of utilities to the minimum extent necessary to make reasonable use of the designated building envelopes and parking and circulation areas, including but not limited to compliance with LID requirements at § 165-117.10B and retention of existing mature trees.
(m) 
Cluster development shall be configured to minimize impervious coverage.
(6) 
Residential development standards. Residential cluster development, including single-family, townhouse and multifamily development, shall be tailored to the characteristics of the site and its environs, and shall be designed to avoid or minimize disturbance of existing Highlands Area Resources. The following standards shall apply to residential cluster development projects.
(a) 
Minimum acreage threshold requirements.
[1] 
Cluster development based on the Cluster Project Area as defined in this article reliant upon on septic systems:
[a] 
Protection Zone: 120 acres.
[b] 
Conservation Zone: 35 acres.
[c] 
Existing Community Zone: 25 acres.
[2] 
Cluster development based on the Cluster Project Area as defined in this article served by wastewater utilities:
[a] 
All Zones: 25 acres.
(b) 
Net density/intensity threshold requirements.
[1] 
New single-family residential cluster development shall be subject to a net septic system density limitation, calculated on the basis of the developed portion of the Cluster Project Area [as provided at § 165-117.8C(5)]. Such density (acres per septic system) shall comply with a nitrate dilution target for the developed portion of the Cluster Project of 10 mg/L or less.
(c) 
Where new single-family, townhouse and multifamily residential development are proposed to rely on existing wastewater utilities the density and intensity standards shall be in compliance with the Clinton Township Land Use Regulations Ordinance.
[1] 
Minimum unit number threshold requirement. Application of the acreage and density/intensity requirements of Subsection F(1) and (2), above, shall yield a minimum of four dwelling units.
(d) 
Other requirements. All other requirements for residential development, including, but not limited to, bulk standards and accessory building and use requirements shall be as required pursuant Chapter 165, Land Use Regulations. Cluster development within the Preservation Area may be restricted beyond these requirements, by applicable provisions of NJDEP Preservation Area Rules (e.g., 3% maximum impervious coverage).
A. 
Application procedures. All procedural requirements regarding applications for zoning permits, construction permits, certificates of occupancy or approval, variance relief, site plan approval, subdivision approval, interpretations, appeals, and any other such application in the Highlands Area shall remain in effect as provided pursuant to the underlying municipal land use ordinances and other applicable codes and regulations in effect at the time of the application, except to the extent these may be modified by the provisions set forth herein.
(1) 
When required. All requirements stipulating the circumstances under which such permits or approvals are required, as set forth by the underlying municipal zoning and land use ordinances, and any other applicable codes and regulatory requirements shall remain in full force and effect for the Highlands Area as provided pursuant to such regulations, inclusive of the specific definitions used therein to classify applications for review and consideration by the appropriate municipal authority, including but not limited to such terms as: "major site plan," "minor site plan," "major subdivision," "minor subdivision," "use variance," "conditional use variance," "change in use," "bulk variance," "zoning permit," and "building permit." In the event that the underlying municipal land use ordinances do not require issuance of a permit or other approval for any activity, improvement, or development project covered under the provisions of this article, a Highlands Resource Permit shall be required in accordance with the provisions of Subsection A(6), below.
(2) 
Highlands Act exemptions. Pursuant to § 165-117.5A(1)(d) any application proposing an activity, improvement or development project that qualifies as a Highlands Act Exemption is exempt from the requirements of this article. Any applicant asserting same, shall, as a condition of application completeness, and in any case prior to municipal review or approval of the application, provide evidence that the proposal qualifies as a Highlands Act Exemption as provided under either Subsection A(2)(a) or (b), below.
(a) 
State agency determination. State agency determinations shall be required for all applications involving exemptions not listed and covered by the provisions at Subsection A(2)(b), below. State agency determinations shall include either a Highlands Applicability Determination issued by the NJDEP for a Preservation Area proposal, or an Exemption Determination issued by the Highlands Council for a Planning Area proposal, in either case, indicating that the proposal qualifies as a Highlands Act Exemption.
(b) 
Municipal determination. In the case of an application involving any of the specific exemptions listed in this subsection, the applicant may request and shall be deemed to have satisfied the evidentiary requirement by obtaining a Municipal Exemption Determination indicating that the proposal qualifies as a Highlands Act Exemption. By authorization of the Highlands Council (for Planning Area exemptions) or the NJDEP (for Preservation Area exemptions) regarding these specific exemptions, the applicant may rely upon the findings of a Municipal Exemption Determination to the same extent and with the same protections as would apply in the case of an Exemption Determination issued by the Highlands Council, or of a HAD issued by the NJDEP. Exemptions eligible for Municipal Exemption Determination shall include those listed below.
[1] 
Planning Area Exemptions. Effective as of the date on which the municipality receives written authorization from the Highlands Council to proceed, the following Highlands Act Exemptions shall be subject to Municipal Exemption Determination:
[a] 
Exemption 1. The construction of a single-family dwelling, for an individual's own use or the use of an immediate family member, on a lot owned by the individual on the date of enactment of the Highlands Act (August 10, 2004) or on a lot for which the individual entered into a binding contract of sale to purchase on or before May 17, 2004. (Note: the Highlands Act defines "an immediate family member" as a "spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption.")
[b] 
Exemption 2. The construction of a single-family dwelling on a lot in existence on the date of enactment of the Highlands Act (August 10, 2004), provided that the construction does not result in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more.
[i] 
Municipal Exemption Determinations authorizing applicants to proceed under Highlands Act Exemption 2 shall require approval and filing of either a deed notice or conservation restrictions providing for the protection of the balance of the applicant's property, beyond the designated disturbance area of less than one acre, in accordance with the requirements of § 165-117.10C of this article, "Conservation restrictions." Review and approval of proposed deed notice or conservation restrictions shall occur as provided at § 165-117.10C of this article, with the costs for review and approval of same provided by the applicant in accordance with the escrow requirements of § 165-117.12C as applicable to conservation/deed restrictions. Municipal Exemption Determinations in such instances shall not take effect until or unless the applicant has provided proof of filing of the approved deed restrictions.
[c] 
Exemption 4. The reconstruction of any building or structure for any reason within 125% of the footprint of the lawfully existing impervious surfaces on the site, provided that the reconstruction does not increase the lawfully existing impervious surface by 1/4 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.
[i] 
For purposes of this article, this exemption shall not be construed to permit multiple 125% footprint expansions, but rather, to permit one or more reconstruction activities cumulatively resulting in a maximum 125% increase in the footprint of the impervious surfaces lawfully existing on the site, provided they do not cumulatively exceed the 1/4 acre limitation.
[ii] 
For purposes of this article, the applicable date of lawful existence shall coincide with the date of enactment of the Highlands Act, or August 10, 2004.
[iii] 
For purposes of this article, these provisions shall not be construed to exempt any change in use of such reconstructed building or structure from the applicable provisions of this article.
[d] 
Exemption 5. Any improvement to a single-family dwelling in existence on the date of enactment of the Highlands Act (August 10, 2004), including but not limited to an addition, garage, shed, driveway, porch, deck, patio, swimming pool or septic system.
[e] 
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.
[f] 
Exemption 7. An activity conducted in accordance with an approved woodland management plan pursuant to Section 3 of the Farmland Assessment Act, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.3) or the normal harvesting of forest products in accordance with a forest management plan approved by the State Forester.
[g] 
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.
(c) 
Procedures. Municipal Exemption Determinations shall be issued by the Exemption Designee, as indicated at Subsection A(2)(d), below, within 30 days of receipt of a request for same. In no case shall failure to meet this date constitute approval of the exemption.
[1] 
Requests for Municipal Exemption Determination shall be submitted on forms provided by the Clinton Township Planning Department and shall be accompanied by sufficient information and documentary evidence to demonstrate whether or not the proposed activity, improvement or development project qualifies, in all respects, with the applicable exemption. Required submission materials applicable to each exemption, appear below. The applicant shall provide a copy of the full application to the Highlands Council, as instructed within the form.
[2] 
Insufficient or incomplete information shall form the basis for a finding that the proposal is not qualified as a Highlands Act Exemption. Nothing shall preclude the applicant in such an instance from resubmission of the application. In addition, where the Exemption Designee has determined that the required information is not extensive, s/he may authorize the applicant to provide supplemental materials under the same application, subject to the applicant's agreement to an extension of time for review of the application not to exceed an additional 30 days from the date of receipt of materials. The Exemption Designee may consult with the Executive Director (or applicable designee) of the Highlands Council as needed in making any exemption determination.
(d) 
All Municipal Exemption Determinations shall be provided in writing, shall indicate the findings of the Exemption Designee, and shall include a statement of the rationale for the final decision, whether approving or denying the exemption request. All Municipal Exemption Determinations shall include the effective date of the Determination, which shall occur on the 20th day after the date of issuance provided it is not modified or rejected in the interim by the Highlands Council. The Exemption Designee shall provide copies of all Municipal Exemption Determination to the Highlands Council within five business days of issuance.
(e) 
Exemption Designee. Municipal Exemption Determinations regarding Highlands Act Exemptions shall be issued by Clinton Township's official designee.
(f) 
Appeal of findings. The decision of the Exemption Designee may be appealed by any affected party in accordance with the provisions of the underlying land use ordinance, pursuant to N.J.S.A. 40:55D-70(a).
(g) 
Submission requirements. All applications shall be accompanied by 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.
[1] 
Exemption 1.
[a] 
A copy of a deed, closing or settlement statement, title policy, tax record, mortgage statement or any other official document showing that the lot was legally owned by the applicant on or before August 10, 2004, and indicating the lot and block as designated by the municipal tax mapping, the municipality and county in which the lot is located, and the street address;
[b] 
If the applicant does not own the lot, a copy of the binding contract of sale executed by the seller and the applicant on or before May 17, 2004, for the lot on which the house is to be constructed;
[c] 
A certification by the applicant stating that the single-family dwelling proposed for construction on the lot specified and described therein by tax lot and block, municipality and county of location, and street address is intended for the applicant's own use or the use of an immediate family member as identified therein by name and relationship to the applicant; and
[d] 
A property survey certified by a licensed New Jersey professional land surveyor indicating the property boundary lines and overall lot size, and showing what structures currently exist on the lot, if any.
[2] 
Exemption 2.
[a] 
A copy of the recorded deed or plat showing that the lot was created on or before August 10, 2004;
[b] 
A property survey certified by a licensed New Jersey professional land surveyor indicating the property boundary lines and overall lot size, and showing what structures currently exist on the lot, if any;
[c] 
A parcel plan certified by a licensed New Jersey professional engineer showing all existing and proposed development, including all structures, grading, clearing, impervious surface and disturbance, and including the calculations supporting the claim that impervious surfaces and areas of disturbance are within the limits necessary for Exemption 2; and
[d] 
A metes and bounds description of the area of the lot to be disturbed, limited to less than one acre and a draft conservation restriction or deed notice to cover the balance of the lot.
[3] 
Exemption 3.
[a] 
A parcel plan certified by a licensed New Jersey Professional Engineer depicting:
[i] 
All existing property improvements, including all structures, grading, clearing, impervious surfaces and limits of disturbance, existing on the site as of August 10, 2004; and
[ii] 
All proposed development including all structures, impervious surfaces, clearing limits, and limits of disturbance, including grading;
[b] 
Photographs keyed to the site plan; and
[c] 
A copy of any official documentation indicating the original date of construction of the building or otherwise establishing the lawfulness of existing impervious surfaces.
[4] 
Exemption 4.
[a] 
A copy of any official documentation proving the single-family dwelling was in existence on August 10, 2004;
[b] 
A description of the proposed improvement; and
[c] 
A certification from the applicant that the property and all improvements will continue to be used for single-family dwelling purposes.
[5] 
Exemption 5.
[a] 
A copy of any official documentation indicating that the place of worship, public or private school or hospital was in existence on August 10, 2004;
[b] 
For improvements to a place of worship, documentation showing that the entity, society or association, or association organized primarily for religious purposes has nonprofit status;
[c] 
A site plan certified by a licensed New Jersey professional engineer depicting:
[i] 
All existing property improvements including all structures, grading, clearing, impervious surfaces and limits of disturbance, existing on the site on August 10, 2004; and
[ii] 
All proposed development including all structures, impervious surfaces, clearing limits, and limits of disturbance, including grading; and
[d] 
A certificate of occupancy for existing buildings on the property.
[6] 
Exemption 6.
[a] 
For a private landowner with an approved woodlot management plan:
[i] 
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;
[ii] 
A brief description of the total area of woodlands that is the subject of the approved woodland management plan;
[iii] 
A brief description of the length of time that the area to be managed has been in use for woodland management; and
[iv] 
A copy of the approved woodland management plan.
[b] 
For a forest management plan approved by the State Forester:
[i] 
A brief description of the total area where the normal harvesting of forest products occurs;
[ii] 
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
[iii] 
A copy of a forest management plan approved by the State Forester.
[7] 
Exemption 7.
[a] 
A site plan certified by a licensed New Jersey professional engineer showing the proposed trail construction with details including the location and width of existing and proposed trails and those off-site trails to which they connect, if any;
[b] 
A written description of the nonimpervious materials to be used; and
[c] 
For privately owned property, a copy of a deed for the property, including the language establishing the conservation or recreational use easement on the property.
(3) 
Approvals subject to compliance. Approval of any land use-related application pertaining to the Highlands Area, whether a zoning permit application, building permit application, application for development (as defined at § 165-117.6B), or any other such application, unless deemed a Highlands Act Exemption pursuant to Subsection A(2) above, is subject to compliance with the provisions of this article. Prior to any such approval, the reviewing entity shall ensure that the proposed activity, improvement or development project that is the subject of the application under its jurisdiction is either in full compliance with all applicable provisions of this article; has received approval(s) from the entity or entities authorized to grant relief from such provision(s); or by its conditioned approval, where permitted herein, will remain subject to the issuance of such approval(s) from the entity or entities authorized to consider and issue such relief, with such approval(s) to issue prior to any land disturbance related to the proposed activity, improvement or development project.
(a) 
Building/construction permit applications. Demonstration of compliance with all applicable provisions of this article shall be required as a prior approval to the issuance of any building permit. Proof of such compliance shall be provided in writing, as issued by the applicable reviewing authority or authorities, including but not limited to the Clinton Township Zoning Officer, Planner, Engineer, Planning Board, Zoning Board of Adjustment, Board of Health, Health Department.
(b) 
Zoning permit applications. Demonstration of compliance with all applicable provisions of this article shall be required prior to the issuance of any zoning permit or zoning approval. Where a finding of compliance requires authority or professional expertise outside the purview of the Zoning Official, such proof shall be provided in writing by the applicable reviewing authority or authorities, including, but not limited to, the Clinton Township Planner, Engineer, Planning Board, Zoning Board of Adjustment, Board of Health or other Township department or professional qualified to render such decisions. In such instances, receipt of such findings of compliance shall constitute mandatory prior approvals to the issuance of any zoning permit or approval.
(c) 
Applications for development. Prior to granting any approval of an application for development, the Planning Board or Zoning Board of Adjustment, as applicable, shall make specific findings of compliance with regard to the applicable provisions of this article, such findings assisted by the advice and recommendations of the reviewing Board's professionals, including but not limited to the Board Planner, the Board Engineer, and any specialist, expert or other consultant engaged by the Board to assist in any field of specialization. The reviewing Board shall attach certain conditions to any such approval as provided at Subsection B(3) below, but is by no means limited solely to these in making its determination on an application.
(4) 
Applications requiring Highlands Council approval. For any application listed in this subsection, authorization by the Highlands Council and Clinton Township shall be obtained prior to a finding of application completeness, and prior to any review or approval of the application by the applicable municipal authority or as a condition of approval by the applicable municipal authority. It is at the discretion of the developer whether to seek Highlands Council and Township approval pertaining to this subsection prior to or after a development application with the appropriate Township authority. In all such cases, applications shall be filed with the Highlands Council in accordance with the established submission and procedural guidelines.
(a) 
Critical Habitat. Any application proposing disturbance of an area designated as Critical Habitat (excluding any for which an HPAA has been issued by the NJDEP) pursuant to § 165-117.9D.
(b) 
Scenic Resources. Any application involving property which is located either, among those identified as containing a Highlands Scenic Resource (Exhibit 9), or which lies adjacent to any property containing or partially containing such resources pursuant to § 165-117.9K.
(c) 
New/extended utility infrastructure. Any application proposing installation of new or extended water supply or wastewater collection/treatment utility infrastructure in any Planning Area Zone or Sub-Zone other than: a) the Existing Community Zone (excluding the Existing Community Environmentally Constrained Sub-Zone), b) Lake Community Sub-Zone, pursuant to § 165-117.8C(7), or c) Cluster Development pursuant to § 165-117.11A.
(d) 
Net Water Availability. Any application proposing the use of Net Water Availability (excluding any for which an HPAA has been issued by the NJDEP), unless a Water Use and Conservation Management Plan has been approved by the Highlands Council.
(e) 
Conditional water availability. Any application proposing the use of Conditional Water Availability involving subwatershed in a Current Deficit Area (excluding any for which an HPAA has been issued by the NJDEP), unless a Water Use and Conservation Management Plan has been approved by the Highlands Council.
(5) 
Findings of compliance. With regard to any application, or any specific aspect of an application for which the Highlands Council or the NJDEP has explicitly issued an approval, the applicable reviewing authority shall find that, to the extent the approval specifically addresses the provisions of this article, the applicant has demonstrated compliance. Such approvals shall not be construed to waive or obviate other applicable provisions of this article or of any other applicable municipal or non-municipal ordinances, regulations or requirements. With respect to all other findings of compliance, the provisions of this subsection shall apply.
(a) 
Professionals required. Findings of compliance with the provisions of this article shall be provided only by individuals qualified to review and make such determinations. In many but not all instances these shall require licensed, certified or otherwise qualified professionals such as scientists, engineers, planners or geologists. Fee and escrow requirements associated with applications requiring approval under this article shall reflect the reasonable anticipated expenses associated with processing and reviewing such applications, as provided at Subsection C below. The following professionals (where the term "professionals" is 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) shall, to the extent of their applicable licensure, certification, or other appropriate qualifications, be authorized to review and provide findings pursuant to this article, and shall be designated as required, by the Township Council or reviewing Planning Board or Zoning Board of Adjustment, as applicable:
[1] 
Use, density, intensity and other bulk requirements: professional planner; professional engineer; Zoning Officer.
[2] 
Forest resources: certified tree expert; forester; forest scientist/ecologist; environmental scientist.
[3] 
Highlands Open Waters, Riparian Areas, and Lake Management Areas: limnologist; wetlands or riparian scientist/ecologist; environmental scientist; environmental engineer (as required for Water Quality Management issues).
[4] 
Steep Slopes: professional engineer; geologist; topographic surveys: licensed land surveyor.
[5] 
Carbonate Rock Areas: geotechnical engineer; geologist; other professional engineer or geological expert qualified and experienced in geological/geotechnical aspects of development.
[6] 
Water Conservation and Deficit Mitigation, Prime Groundwater Recharge Areas, Wellhead Protection Areas, stormwater management: hydrogeologist; professional engineer; water resources engineer; environmental engineer; and environmental scientist qualified and experienced in applicable areas.
[7] 
Low-impact development: landscape architect, professional engineer; environmental engineer; professional planner; environmental scientist qualified and experienced in applicable area.
[8] 
Conservation/deed restrictions: Attorney.
(b) 
Zoning and building/construction permit applications. Where a zoning or building/construction permit application (or request for approval) is not preceded by an application for development under the purview of the Planning Board or Zoning Board of Adjustment, the reviewing official shall rely upon the determination(s) of the individual designated in Subsection A(5)(a), above, for findings of compliance with respect to the applicable provisions of this article.
[1] 
All determinations by the qualified professional shall be determinative in the disposition of any zoning or building/construction permit application with respect to required prior approvals.
[2] 
Where the professional determines that an approval may be granted subject to certain conditions, such conditions shall be addressed prior to the issuance of any permit or approval by the building or zoning official, unless, in the estimation of the professional, satisfaction of the required conditions of approval will not be compromised by issuance of the zoning or building/construction permit and are ensured by other means, such as withholding of any final certificates of occupancy or approval.
[3] 
The findings of the review professional shall be provided in writing to both the municipal official(s) responsible for the review and disposition of the zoning or building/construction permit, and to the applicant. Where such findings indicate that the application is not compliant with the applicable provisions of this article, the review professional shall provide a statement identifying the reasons therefor. Where the review professional indicates that an approval may be granted pending satisfaction of certain conditions, a statement and explanation of the conditions to be attached shall be set forth as well as the reasons therefor.
[4] 
The findings of the review professional may be appealed by any affected party in accordance with the provisions of the underlying land use ordinance, pursuant to N.J.S.A. 40:55D-70(a).
[5] 
The professional review process shall occur as follows:
[a] 
Upon notice from the Township official(s) responsible for the review and disposition of the zoning or building/construction permit that a prior approval is required, it shall be the applicant's responsibility to prepare a request for review and issuance of such approvals by the designated Township professional(s).
[b] 
The applicant shall provide all of the documents and materials required for submission under an application for development pursuant to Subsection D, below, to the extent they apply with respect to the particular resources and Ordinance provisions at issue, for review by the professional.
[c] 
The professional shall provide a completeness determination in writing, within 30 days of receipt of the application materials, which, in the event of an incomplete application, shall indicate the reasons therefor. The professional shall have the authority to waive submission of items he or she finds unnecessary or irrelevant to the evaluation and the required report of findings.
[d] 
The professional shall review and provide a report of findings to both the municipal official(s) and the applicant within 45 days of the date on which the application is deemed complete.
[e] 
In the event of a carbonate rock investigation pursuant to § 165-117.9E(3), above, the professional report of findings shall be provided in accordance with the program and scheduling as provided therein.
[f] 
The review professional shall have authority to issue such waivers and exceptions as provided only in accordance with § 165-117.13, below.
(c) 
Highlands Resource Permit applications. In the event that the underlying municipal land use ordinances do not require issuance of a zoning or building permit, or approval of an application for development through which compliance with the provisions of this article may be demonstrated, the provisions herein shall apply.
[1] 
Any person proposing an activity, improvement or development project that will affect a Highlands resource, Resource Area, or Protection Area, shall obtain a Highlands Resource Permit in accordance with this section.
[2] 
Applications shall be made on forms provided by the municipality requiring identification of the owner of the property or properties at issue, the tax block and lot, street address, the extent, location and type of activity proposed, and by submission of a Consistency Determination Report from the Highlands Council website, an indication of the resources potentially affected by the proposed activity.
[3] 
The designated review authority for such applications shall be the Clinton Township Zoning Officer, Planner or Engineer.
[4] 
The review and disposition of such applications shall occur as provided for zoning and building/construction permits, in the preceding sections, with approvals being issued only upon a finding of compliance.
(d) 
Applications for development. With respect to applications for development, findings of compliance shall be provided by the applicable professional(s) through the process of review and consideration undertaken by the Planning Board or Zoning Board of Adjustment. The reviewing Board [or its committee(s), if applicable] shall consider all such findings during the course of the application for development, in conjunction with all other relevant information and requirements in rendering a final decision in any matter.
B. 
Applications for development. The provisions of this section shall apply to any application for development (see § 165-117.6B, above) under the jurisdiction of the Planning Board or Zoning Board of Adjustment.
(1) 
Notice and reporting requirements. The provisions of this section shall apply in addition to all requirements concerning public notice for Applications for Development as provided under the MLUL and required pursuant to the underlying Clinton Township Land Use Ordinance.
(a) 
Notice of application to Highlands Council. The applicant for any application for development shall provide notice to the highlands council at least 10 days prior to the date on which the application is scheduled for consideration by the local Board. A copy of the complete application shall accompany such notice regarding any application for development involving the potential disturbance of two acres, or more, or a cumulative increase in impervious coverage of one acre, or more. The applicant shall provide copies of any subsequent revisions to such applications to the Highlands Council at the same time these are provided to the reviewing Board. If such plans or plats have been prepared in digital form, they shall be provided to the Highlands Council in a digital format that meets Highlands Council standards for such submissions.
(b) 
Scenic Resource notice requirements. Where a project site falls within a Highlands scenic resource area designated by the Highlands Council, or within the Scenic Resources Tier of a Lake Management Area, that crosses municipal or county boundary lines, public notice requirements shall, in addition to the applicable notice requirements of the MLUL, incorporate any supplemental notice provisions as set forth in the adopted Scenic Resource Management Plan.
(c) 
Notice of decision required. The reviewing Board shall provide a certified copy of the fully executed resolution memorializing its final decision regarding any application for development to the Highlands Council within 10 days of its adoption. This provision shall apply in all cases, whether the Board approves the application for development, denies it, or approves it with conditions.
(2) 
Board decisions subject to Highlands Council call-up. All Board decisions pertaining to applications for development involving the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more, are subject to call-up and subsequent review by the Highlands Council in accordance with procedural requirements and timeframes established pursuant to the Highlands Act. The Highlands Council may, on notice to the applicant within 15 days of receipt of the memorializing resolution of the reviewing Board, review and require a public hearing on the application. In that case, subsequent to the hearing the Highlands Council may approve the application for development, deny it, or issue an approval with conditions.
(3) 
Conditions of approval. The following conditions of approval shall, in addition to any applicable conditions previously set forth under this article, be attached to any application for development approved pursuant to the MLUL, and the provisions of Subsection A, above.
(a) 
No land disturbance. No land disturbance approved in connection with an application for development involving the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more shall occur until and unless, either:
[1] 
The Highlands Council call-up period has expired without issuance of a notice seeking review of the application by the Highlands Council; or
[2] 
The Highlands Council has issued notice and has reviewed the approval pursuant to N.J.S.A. 13:20-17(a)1 and has determined not to deny or modify the approval.
(b) 
Amendments. In the event that Highlands Council review of an approved application for development pursuant to Subsection B(2) above results in a finding that the plans must be modified, the applicant shall amend the application accordingly and submit the amended application to the reviewing Board for approval. Such submissions shall include the written findings and notice of decision of the Highlands Council.
(c) 
Conservation restrictions. The applicant shall commit to and, as a condition of approval, perfect a conservation restriction on the undisturbed portions of Highlands Resources, Highlands Resource Areas, and Special Protection Areas located on the subject property, if and as required pursuant to the provisions of § 165-117.10C.
(d) 
Approvals conditioned on state approvals. All approvals shall be subject to the approval of any and all state agencies or other authorities having jurisdiction over any aspect or aspects of the approved application for development.
(e) 
As-built surveys required. Prior to issuance of any final certificate of occupancy or approval, or to the release of any performance bonding held in relation to the approved application for development, the applicant shall provide an "as-built" survey depicting the final site conditions.
(f) 
Submission of final plans/plats to Highlands Council. The applicant shall provide a copy of any final site plan or subdivision plat to the Highlands Council. If such plans or plats have been prepared in digital form, they shall be provided to the Highlands Council in a digital format that meets Highlands Council standards for such submissions.
C. 
Application fee and escrow requirements (optional). 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 municipal land use 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.
(1) 
Municipal exemptions determinations. The fees provided herein shall apply to applications for Municipal Exemption Determinations pursuant to Subsection A(2) of this article.
(a) 
Municipal exemption determination: $125 per application.
(2) 
Highlands Resource review. The fee and escrow requirements herein shall apply to applications for Highlands Resource Permits, and to zoning permit and building/construction permit applications for which Highlands Resource review is required as a prior approval pursuant to Subsection A(6).
(a) 
Highlands Resource review fees.
[1] 
Applications involving determinations regarding: permitted/prohibited uses, carbonate rock phase I investigation, water use and conservation, wellhead protection, prime groundwater recharge, low-impact development, or any combination of these: $125.
[2] 
Applications involving determinations regarding any one or combination of the following: density or intensity of development standards, forest resources, lake management, steep slopes, carbonate rock phase II investigation, water deficit mitigation, or stormwater management (including stormwater low-impact development): $250.
[3] 
Applications involving determinations regarding any combination of items listed in both Subsection C2(a)[1] and [2], above, shall be subject to the application fee listed at Subsection C(2)(a)[2].
(b) 
Escrow deposit requirements.
[1] 
Applications requiring compliance determinations pursuant to any Highlands resource component listed in the following table shall be accompanied by the escrow deposits therein indicated. Where an application involves more than one of the listed application compliance components, escrow deposits shall be cumulative.
Application Compliance Component
Escrow Deposit
a)
Density or intensity standards
$250
b)
Forest resources
$250
c)
Lake management
$250
d)
Steep slopes
$250
e)
Carbonate rock, Phase II investigation
$1,500
f)
Water deficit mitigation
$1,500
g)
Stormwater management and stormwater LID
$1,000
h)
Conservation/deed restrictions
$500
i)
Operations and contingency plans
$250
[2] 
Escrow deposits shall be used by the municipality to cover the costs of professional reviews associated with the respective Highlands resource components. Where any escrow account is depleted to an amount equaling 25% or less of the original deposit amount, the status and progress of the application shall be reviewed by the applicable municipal official(s), and the professional responsible for Highlands resource review shall determine whether account replenishment is necessary, and if so, by what amount. On notice from the municipality of any such replenishment requirement, the applicant shall provide the additional escrow accordingly and within such timeframes as therein stated.
(3) 
Applications for development. All fee and escrow requirements pertaining to applications for development shall remain as set forth in the underlying municipal land use ordinances, with the adjustments provided herein as a supplemental requirement, applicable in the case of any application for which the reviewing Board requires professional assistance in making findings of compliance pursuant to Subsection A(6).
(a) 
The required escrow deposit for applications involving determinations regarding any one or more of the following resource components shall be calculated by multiplying the existing escrow deposit requirement by 1.25: carbonate rock phase I investigation, water use and conservation, wellhead protection, prime groundwater recharge, low-impact development.
(b) 
The required escrow deposit for applications involving determinations as to any of the following resource components shall be calculated by multiplying the existing escrow deposit requirement by 0.25 for each applicable item, and adding each to the existing escrow deposit amount: density or intensity of development standards, forest resources, lake management, steep slopes, carbonate rock phase II investigation, water deficit mitigation, or stormwater management (including stormwater low-impact development).
(c) 
The required escrow deposit for any application involving determinations listed at both Subsection C(2)(a) and (b), above, shall be calculated by multiplying the existing escrow deposit requirement by 0.25 and adding the result to the amount determined under Subsection C(2)(b).
D. 
Submission checklist requirements. All applicants seeking approval for any activity, improvement or development project covered under the provisions of this article shall submit the materials required in this section for review by the applicable municipal authority. In no case shall an application for development (as defined in § 165-117.6) be deemed complete or scheduled for Board review until such time as the Board has received all required items in accordance with the provisions herein. Applications for Highlands Resource Permits and for zoning permits and building/construction permits requiring Highlands Resource review shall not be considered for such review until such time as the reviewing authority has received all required items in accordance with the provisions herein. In all cases, the submission requirements of this section shall be considered supplemental to the checklist requirements of the underlying municipal land use ordinances.
(1) 
General submission requirements. All applications shall be accompanied by the following:
(a) 
Application fees and escrow deposits.
(b) 
Completed application forms. Six copies for initial staff review. Twelve copies for the Board upon determination of completeness. One electronic copy shall be submitted to the Board Administrator via email, CD or external storage device at the time of submission.
(c) 
Highlands Act exemptions. Any applicant claiming eligibility for an exemption under the Highlands Act shall provide one of the following:
[1] 
Municipal Exemption Determination as provided under § 165-117.12A(2) (pursuant to Highlands Area Exemption Ordinance); or
[2] 
Highlands Applicability Determination from the NJDEP for a Preservation Area application; or
[3] 
Highlands Exemption Determination from the Highlands Council for a Planning Area application.
(d) 
Prior approvals. All applications requiring prior approvals pursuant to the provisions of this article shall provide evidence of receipt of same, as listed below. All such applications shall be accompanied by copies of the specific plans, reports and other materials to which such approval applies.
[1] 
For any application proposing disturbance of Critical Habitat pursuant to § 165-117.9D(2), Notice of Authorization issued by the Highlands Council or HPAA issued by the NJDEP.
[2] 
For any application proposing development within the Carbonate Rock Area pursuant to § 165-117.9E(2), copies of Phase I Geologic Investigation report, Phase II Geotechnical Evaluation Report if applicable, associated certification(s) of sufficiency issued by the Township Engineer, and all written evaluations, reports, recommendations issued by the Township Engineer pursuant to § 165-117.9E(3). For any application proposing an increase in the use of Net Water Availability or Conditional Water Availability pursuant to § 165-117.9G, notice of findings issued by the Highlands Council pursuant to § 165-117.9G(7).
[3] 
For any application proposing development within a Carbonate Rock Drainage Area pursuant to § 165-117.9E(4), copies of Phase I Geologic Investigation report, associated certification of sufficiency issued by the Township Engineer, and all written evaluations, reports, recommendations issued by the Municipal Engineer pursuant to § 165-117.9E(3).
[4] 
For any application proposing an increase in the use of Net Water Availability or Conditional Water Availability pursuant to § 165-117.9G, notice of findings issued by the Highlands Council pursuant to § 165-117.9G(7) or HPAA issued by the NJDEP.
[5] 
For any application affecting a Scenic Resource pursuant to § 165-117.9K, notice of authorization issued by the Highlands Council pursuant to § 165-117.9K(3).
[6] 
For any application proposing installation of new or extended water supply or wastewater collection/treatment utility infrastructure in any Planning Area Zone or Sub-Zone other than: a) the Existing Community Zone (excluding the Existing Community Environmentally Constrained Sub-Zone), or b) Lake Community Sub-Zone, pursuant to § 165-117.8C(7), notice of authorization issued by the Highlands Council.
[7] 
For any application for a major Highlands development in the Preservation Area as defined by the NJDEP Preservation Area rules at N.J.A.C. 7:38, an HPAA issued by the NJDEP.
[8] 
For any application proposing the installation of new or extended water supply or wastewater collection/treatment infrastructure in any portion of the Preservation Area, an HPAA with waiver issued by the NJDEP.
(e) 
Mapping instructions. All mapped information shall be provided for the full parcels affected by the proposed project and a distance of 200 feet from the outer boundaries of all affected parcels. Where this article requires field surveys of resources, the field survey requirement shall apply only to the affected parcels and shall be conducted by qualified professionals. These include specifically: contiguous steep slope areas of 5,000 square feet or more which are not within the Steep Slope Protection Area; areas defined as Forest via the methodology provided at Appendix A[1] which are not identified within the Total Forest Area, or which revise the Total Forest Area; if required pursuant to § 165-117.9F(4), the applicable limits of the Lake Management Scenic Resources Tier; and if deemed necessary by the review professional pursuant to § 165-117.9E(4), the boundary lines of any Carbonate Rock Drainage Area. The area within 200 feet of the affected parcels may be mapped using existing data and is not subject to field surveys. Where field surveys are not required for mapping of Highlands resources, the application shall include Highlands Council GIS data. In addition to paper plans, initial plan sets shall be submitted on CD (or other acceptable archival electronic format) in the most recent version of ESRI Shape files (.shp) and in the most recent version of Adobe Acrobat© (.pdf) format. The plans must be geo-referenced using New Jersey State Plane Coordinates NAD83 (or the most current New Jersey State Plane coordinate system). The final approved version shall be submitted in the same manner. Plan revisions (subsequent to the initial plan sets but prior to final approved version) shall be submitted in .shp and .pdf either in archival electronic format or via e-mail. Projects that will disturb less than two acres and will create less than one acre of net impervious surface may be submitted as geo-referenced CAD files in lieu of the ESRI Shape files.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Permit applications. The submission requirements of this subsection shall apply in addition to those of Subsection D(1) above, in the case of all applications for Highlands Resource Permits and for zoning or building/construction permits requiring Highlands Resource Review. Where the reviewing authority or designated review professional determines that a submission item listed in this subsection is not applicable to the proposed development project or is unnecessary to the conduct of such review, the authority or designated professional may waive the requirement for its submission. A waiver of submission of any checklist item shall not be construed to preclude the reviewing entity from ultimately requiring the submission of such item, however, if during the course of application review, it is found necessary and relevant in making a determination.
(a) 
Base submission requirements.
[1] 
Identification of Highlands Planning Area or Preservation Area and Highlands Zone or Sub-Zone in which the property is located (available through Highlands Council website).
[2] 
Identification of Highlands Resource and Protection Areas in which the property is located, inclusive of Highlands Council maps indicating the boundary lines of same unless fully encompassing the property (Highlands Council website).
[3] 
Existing and proposed use(s) and accessory use(s), including any proposed Major or Minor PCS (listed at Appendix B and Appendix C).[2]
[2]
Editor's Note: Said appendixes are included as attachments to this chapter.
[4] 
Copy of property survey indicating metes and bounds, existing buildings, structures, impervious surfaces, significant site features (e.g., water bodies), easements or other such encumbrances.
[5] 
Plans showing the proposed area of disturbance for all aspects of the development, including but not limited to buildings, driveways, utilities, landscaped areas and all appurtenant structures.
[6] 
Plans showing the proposed grading, soil conservation plan, and sediment and soil erosion control plan.
[7] 
Plans showing proposed conservation restrictions or easement(s) to be provided pursuant to § 165-117.10C.
[8] 
Plans documenting baseline conditions in all areas designated for public (or nonprofit land trust) open space preservation.
[9] 
Water use.
[a] 
For non-major Highlands development, existing and proposed water demand inclusive of calculations based on use and unit/square footage equivalents listed at § 165-117.8C(4).
[b] 
For any non-major Highlands development application proposing new or increased water use pursuant to § 165-117.9G(2):
[i] 
All submission items required pursuant to any adopted municipal or subwatershed-based Water Use and Conservation Management Plan (WUCMP).
[ii] 
The following, where a WUCMP has not been adopted and the application proposes use of Conditional Water Availability pursuant to § 165-117.9G(7)(b).
[A] 
Information identifying project water demand data, water supply source and water utility provider.
[B] 
Identification of the water supply source HUC14(s) for the project, deficit status, and conditional availability as provided by the Highlands Council.
[C] 
Deficit Mitigation Plan pursuant to § 165-117.9(7)(b)[4].
[10] 
Septic systems.
[a] 
For Planning Area applications and applications for non-major Highlands development in the Preservation Area, existing and proposed septic system demand inclusive of calculations based on use and unit/square footage equivalents listed § 165-117.8C(5)(b).
[b] 
For Planning Area applications and applications for non-major Highlands development in the Preservation Area, where either proposes new or increased septic system demand pursuant to § 165-117.8C(2), septic system yield calculations based on § 165-117.8C(5)(b).
[c] 
For any application involving aggregated septic system yield pursuant to § 165-117.8C(5):
[i] 
Septic system yield calculations pertinent to all parcels, whether contributing or receiving such yield; and
[ii] 
Proposed conservation restrictions applicable to all contributing parcels, pursuant to § 165-117.8C(5) and the provisions of § 165-117.10C.
[d] 
For all applications proposing new septic systems, plans showing the proposed location and configuration of such system(s), including designated area(s) for reserve septic disposal field(s) pursuant to § 165-117.10F. Plan notes indicating that the septic system(s) shall be designed in accordance with N.J.A.C. 7:9A, and that design plans and details are subject to the approval of the Hunterdon County Board of Health and/or Township Engineer, as determined to be necessary.
[e] 
Proposed deed restrictions to be imposed to prohibit the installation or construction of any permanent improvements within the reserve disposal area(s) pursuant to § 165-117.10F.
[11] 
Stormwater management.
[a] 
For applications regulated under municipal or regional stormwater management plans (or both), all applicable submission requirements pertinent thereto.
[b] 
Proposed low-impact development management practices to minimize the creation or increase of stormwater runoff due to development or disturbance of the site.
[12] 
Low-impact development.
[a] 
Description of Conservation Design Planning process, pursuant to § 165-117.10B(2).
[b] 
Landscape plan (if applicable) indicating proposed type, species, quantity and location of plantings; planting details.
[c] 
Description of energy efficiencies incorporated into building(s), building orientation and site design.
[d] 
Description of proposed reuse or recycling of building materials.
[13] 
Any such additional information as the reviewing authority may find necessary to determine compliance with the provisions of this article.
(b) 
Highlands Resource submission requirements. For applications involving properties containing any Highlands Resource, Highlands Resource Area or Special Protection Area, all submission checklist items required pursuant to each, as provided at Subsection D(4) through (13), below.
(3) 
Applications for development. The submission requirements of this subsection shall apply in addition to those of Subsection D(1) and (2), above, to all applications for development involving properties containing Highlands Resources or located within a Highlands Resource Area or Special Protection Area. Where the reviewing Board determines that a submission item listed in this subsection is not applicable to the proposed development project or is unnecessary in the conduct of its review, the Board may waive the requirement for its submission. A waiver of submission of any checklist item shall not be construed to preclude the reviewing Board from ultimately requiring the submission of such item, however, if during the course of application review, it is found necessary and relevant in making a determination.
(a) 
Base submission requirements. In addition to the base submission requirements of Subsection D(2) above, the following shall apply:
[1] 
Existing features and site analysis plan, identifying and mapping:
[a] 
All Highlands Open Waters and water bodies (including but not limited to rivers, lakes, ponds, reservoirs, wetlands, seeps, springs);
[b] 
All existing structures (including archaeological features, ruins and stone walls);
[c] 
All significant physical features; and
[d] 
Existing trails and greenways, and preserved lands and farmland.
[2] 
Architectural elevation renderings, if structures are proposed (preliminary for subdivision applications).
[3] 
A list of any preexisting encumbrances affecting the property (e.g., easements, deed restrictions, covenants).
[4] 
Copies of any related surveys, site plans, professional reports and environmental site assessments.
(b) 
Highlands Resource submission requirements. For applications involving properties containing any Highlands Resource, Highlands Resource Area or Special Protection Area, all submission checklist items required pursuant to each, as provided at Subsection D(4) through (13), below.
(c) 
Cluster development requirements. For applications proposing Cluster Development pursuant to § 165-117.11, all submission checklist items required pursuant to Subsection D(13), below.
(4) 
Forest resources.
(a) 
Plans identifying forests using the Highlands Council Forest Resource Area, Forest Integrity Indicators, and Total Forest GIS layers for forest resources.
(b) 
Information identifying upland forests existing outside of the limits of the Total Forest Area by use of the Forest Determination methodology of Appendix A (N.J.A.C. 7:38-3.9).
(c) 
Where required in connection with disturbances pursuant to § 165-117.9A(5) through (6), Forest Impact Report [§ 165-117.9A(7)] and Forest Mitigation Plan [§ 165-117.9A(8)].
(5) 
Highlands Open Waters and Riparian Areas.
(a) 
Maps showing the location of all Highlands Open Waters, Highlands Open Waters buffers, and Riparian Areas, as provided in this article.
(b) 
For linear development pursuant to § 165-117.9B(5)(h), all items required as listed therein.
(c) 
For proposed disturbance of a previously disturbed Highlands Open Waters buffer, pursuant to § 165-117.9B(5)(h), or Riparian Area, pursuant to § 165-117.9B(6)(a).
[1] 
A current property survey prepared by a licensed New Jersey land surveyor indicating: the metes and bounds of the subject property; the location and dimensions of existing buildings and other structures located thereon; the limits and extent of graded, compacted, filled or excavated areas, not including agricultural uses; the limits and extent of areas stripped of natural vegetation and of maintained lawn areas; and any other site improvements provided in support of prior development. The full extent of the proposed area of new disturbance shall be clearly indicated pursuant to Subsection D(2)(a) above, with the previously disturbed area(s) illustrated on the same sheet using shaded or shadow outline features.
[2] 
Functional values assessment pursuant to § 165-117.9B(7).
[3] 
Proposed low-impact development techniques.
(d) 
For proposed disturbance of High, Moderate or Low Integrity Riparian Areas pursuant to § 165-117.9B(6)(b):
[1] 
Functional values assessment pursuant to § 165-117.9B(7).
[2] 
Proposed low-impact development techniques.
[3] 
Riparian Area Mitigation Plan pursuant to § 165-117.9B(6)(b)[1][e].
(6) 
Steep Slopes.
(a) 
Map showing limits of Steep Slope Protection Area as provided in this article.
(b) 
Map showing any additional areas of contiguous steep slopes that, separately or in combination with the Steep Slope Protection Area, constitute an area of 5,000 square feet or more, including, for any proposed disturbance therein, clear delineation of slope classes as defined at § 165-117.6B.
(c) 
For any application proposing linear development of a Moderately or Severely Constrained slope area pursuant to § 165-117.9C(3)(a), all items as listed and required therein.
(d) 
For any application proposing disturbance of a Constrained or Limited Constrained slope pursuant to § 165-117.9C(3)(b), a steep slope development plan indicating proposed low-impact development techniques, slope stabilization techniques, soil erosion and sediment control measures, stormwater controls, and methods of protection proposed for existing slope vegetation and trees.
(e) 
For any application proposing to disturb 5,000 square feet or more of Constrained or Limited Constrained Steep Slopes:
[1] 
Environmental impact statement or report including specifically: the impact of the proposed development on Highlands Regional Scenic Resources; aesthetic impacts related to visibility and aesthetic quality of the proposed development; the extent of proposed landform grading, stabilization and retaining structures; and impacts on other environmental features addressed by the Steep Slopes provisions of this article.
[2] 
Hydrology, drainage and flooding analysis report or reports prepared in support of conformance with the municipal stormwater management plan and regulations adopted pursuant to N.J.A.C. 7:8, or a Flood Hazard Area Control Act application pursuant to N.J.A.C. 7:13.
(7) 
Critical Habitat.
(a) 
Maps identifying Critical Habitat using the Critical Habitat GIS layers for Critical Wildlife Habitat, Significant Natural Areas and Vernal Pools, as provided in this article.
(8) 
Carbonate Rock Areas.
(a) 
Map identifying the limits of Carbonate Rock Area as provided in this article.
(b) 
For applications proposing development within any Carbonate Rock Drainage Area, map identifying the limits of same.
(9) 
Lake Management Areas.
(a) 
Map identifying the Lake Management Area and Lake Management Tier(s) as provided in this article.
(b) 
For linear development with a Shoreland Protection Tier (Highlands Open Waters buffer) pursuant to § 165-117.9B(5)(h), all items required as listed therein.
(c) 
For proposed disturbance of a Water Quality Management Tier, a stormwater management plan pursuant to § 165-117.9F(3).
(d) 
For any proposed development within the Scenic Resources Tier, a visual assessment survey, tree protection plan, and exterior lighting plan pursuant to § 165-117.9F(4)(b).
(e) 
For any proposed development within the Scenic Resources Tier, a visual assessment survey, tree protection plan, and exterior lighting plan pursuant to § 165-117.9F(4)(b).
(10) 
Prime Ground Water Recharge Areas.
(a) 
Map identifying Prime Groundwater Recharge Areas as provided in this article.
(b) 
For any application proposing to disturb a Prime Groundwater Recharge Area:
[1] 
Site analysis and proposed low-impact development techniques pursuant to § 165-117.9H(3).
[2] 
PGWRA Mitigation Plan pursuant to § 165-117.9H(3)(d).
[3] 
Hydrology, drainage and flooding analysis report or reports prepared in support of conformance with municipal stormwater management plan and regulations pursuant to N.J.A.C. 7:8 or a Flood Hazard Area Control Act application pursuant to N.J.A.C. 7:13.
[4] 
Site specific geologic, hydrogeologic and pedologic analysis to determine the overall recharge rate and volume and to determine the location with the lowest recharge potential within the PGWRA. The submitted analysis report shall include appropriately scaled geologic, hydrogeologic and pedologic maps and cross sections showing all pertinent geologic, hydrogeologic and pedologic features. The report shall also present all relevant analytical results, calculations and graphical data.
(c) 
Identification and description of any existing or proposed Major Potential Contaminant Source (Appendix B), and proposed best management practices pursuant to § 165-117.9I(3)(a).
(11) 
Wellhead protection.
(a) 
Map identifying Wellhead Protection Areas (WHPAs) and time of travel tiers as provided in this article. Where more than one WHPA Tier intersects an existing or proposed Potential Contaminant Source (Appendix B and Appendix C) within a project site, identify the more protective Tier as the applicable Tier for that Potential Contaminant Source.
(b) 
Identification and description of each proposed new or expansion of any existing major or minor Potential Contaminant Source (Appendix B and Appendix C) on the property, and for each, the relevant Tier and proposed best management practices pursuant to § 165-117.9I(3)(a).
(c) 
Narrative and mapped description of the extent to which the application is consistent with the Areawide WQMP Plan.
(d) 
Copies of any related hydrogeologic/geologic reports, remediation reports, results of soil or groundwater analyses or other environmental assessment reports (i.e., Phase I or Phase II reports).
(12) 
Agricultural Resource Areas (ARA).
(a) 
Map identifying the limits of the ARA as provided in this article.
(b) 
Such additional plans and information as may be required in the review of any agricultural or horticultural development proposal pursuant to municipal provisions set forth at § 165-117.J(3).
(c) 
For Cluster/Conservation Design Development, all submission checklist items as provided at Subsection D(13), below.
(13) 
Scenic Resource protection.
(a) 
Map identifying Scenic Resources as provided in this article.
(b) 
For any application proposing improvements to lands located within the boundary lines delineated by a Scenic Resource Management Plan approved by the Highlands Council, all submission requirements set forth within such Plan.
(c) 
[If applicable:] For any application proposing improvements to lands located within the boundary lines delineated by a Scenic Resource Management Plan approved by the Highlands Council that crosses municipal and/or county boundary lines, any supplemental submission materials as may be prescribed by the adopted Scenic Resources Management Plan.
(14) 
Cluster/conservation design development.
(a) 
Property survey(s) identifying the limits and configuration of the proposed Cluster Project Area, inclusive of all contributing parcels in the case of noncontiguous clustering, and indicating all tract or parcel areas to the nearest one-hundredth acre.
(b) 
Development plans applicable to the Development Set Aside of the Cluster Project Area, including all details as required pursuant to the municipal subdivision ordinance, to define and describe all proposed supporting infrastructure, including but not limited to: roadways, curbing, sight lines, street rights-of-way, utilities (e.g., water, sewer, gas, electric, telecommunications), stormwater management, lighting, street tree plantings, common areas, signage and landscaping.
(c) 
Development plans applicable to the Development Set Aside indicating proposed buffering, lot lay-out, lot sizes, configurations, and dimensions, building envelopes, building setbacks and yard areas.
(d) 
Proposed plans applicable to the Preservation Set Aside of the Cluster Project Area, including:
[1] 
For ARA applications proposing preserved farmland, information identifying farmland soil quality on the project site, including Prime, Statewide, Unique, and Locally Important farmland soils.
[2] 
Plans for Agricultural or Horticultural development, including all information required under Subsection D(12)(b), above.
[3] 
Plans for open space preservation, if applicable, including active or passive recreation amenities.
[4] 
Proposed Conservation Restrictions pursuant to § 165-117.11A(4), identifying intended dedications regarding all preserved portions, including those applicable to any noncontiguous parcels.
(e) 
Identification of any preserved land or land known to be targeted for preservation (agriculture and open space) located within 200 feet of the subject property.
A. 
Applicability. Except to the extent modified by the provisions of this section, the existing provisions of the underlying municipal land use ordinance with respect to appeals, waivers and exceptions shall remain in full force and effect. This section shall not be construed to alter the applicable timeframes, procedural requirements or criteria for decision-making as set forth under the MLUL, and as provided consistent therewith in the underlying Township Land Use ordinance.
B. 
Appeals.
(1) 
Administrative officer decision. Any order, requirement or decision of any municipal official made or issued in the course of the enforcement of the provisions of this article may be appealed to the Zoning Board of Adjustment in accordance with all applicable provisions of the MLUL (including but not limited to N.J.S.A. 40:55D-70(a), -70.2, and -72 through -75).
(2) 
Interpretations. Requests for interpretation of the maps and various provisions of this article may be made by application to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(b). The Board, in rendering any such decisions, shall be guided by the map protocols listed at § 165-117.7E and the specific language of the ordinance provisions in question. The Board may seek the advice and counsel of the Highlands Council or, if applicable to a Preservation Area boundary line, the NJDEP, in resolving any matter of interpretation and all final Board decisions shall remain subject to Highlands Council call-up and review provisions as set forth at § 165-117.12B(2).
(3) 
"C" variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(c) shall apply in the consideration of applications seeking such relief from the provisions of this article. Such relief shall apply with respect to the requirements of § 165-117.8, Highlands Area, Zone District Regulations, § 165-117.9J(3)(a), Agricultural and Horticultural Development, and § 165-117.11A, Residential Cluster Development, with the exception that for the items listed at Subsection B(5), below, relief shall in addition require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this article or the underlying municipal Zoning Ordinance will minimize or eliminate adverse impacts to Highlands Resources, Resource Areas, or Special Protection Areas, these benefits shall be given significant weight in the analysis of approval criteria.
(4) 
"D" variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(d) shall apply in the consideration of applications seeking such relief from the relevant provisions of this article. Such relief shall apply with respect to the requirements of § 165-117.8, Highlands Area Zone District Regulations, § 165-117.9J(3)(a), Agricultural and Horticultural Development, and § 165-117.11A, Residential Cluster Development, with the exception that for the items listed at Subsection B(5), below, relief shall in addition, require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this article or the underlying Township Land Use Ordinance will minimize or eliminate adverse impacts to Highlands Resources, Resource Areas, or Special Protection Areas, these benefits shall be given significant weight in the analysis of approval criteria. For purposes of clarification, requests for relief that pertain to specific provisions of this article regarding permitted uses shall be cognizable as requests for "d" variance relief pursuant to N.J.S.A. 40:55D-70(d).
(5) 
Highlands Council jurisdiction. Relief from any of the following specific provisions of § 165-117.8 of this article may be granted by the reviewing Board or other municipal authority only where a waiver has been issued by the Highlands Council and Clinton Township. No such application shall be deemed complete or considered for review by the Board or other municipal authority absent such authorization. Applicants seeking any such relief shall make application directly to the Highlands Council.
(a) 
Prohibited uses. All provisions of § 165-117.8B(3).
(b) 
Mandatory residential cluster development. All provisions of § 165-117.8B(1).
(c) 
Water availability requirements. All provisions of § 165-117.8C(4).
(d) 
Septic system density.
[1] 
Any application for Non-major Highlands development in the Preservation Area proposing a septic system density that is greater than that permitted (i.e., fewer acres per septic system than required).
[2] 
Any Planning Area application proposing a new or expanded septic system pursuant to § 165-117.8C(2), in excess of the available (including any aggregated) septic system yield of the parcels associated with the application.
C. 
Waivers and exceptions. Relief from any provision of § 165-117.9 [with the exception of § 165-117.9J(3)(a)] or § 165-117.10 of this article shall require issuance of either a Highlands Act waiver or an exception, as provided in this subsection. Highlands Act waivers may be issued only by the NJDEP or the Highlands Council, as appropriate. Exceptions may be granted by the reviewing municipal Board or authority only where the review standards of this subsection have been satisfied.
(1) 
Highlands Act waiver provisions. 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 Highlands Act and the Highlands Regional Master Plan. A Highlands Act waiver shall be required in the event of any application proposing the disturbance of a Highlands Resource, Resource Area or Special Protection Area in excess of, or not in compliance with, that authorized under the applicable provisions of §§ 165-117.9 and 165-117.10 of this article. Highlands Act waivers shall also be required for any application proposing: a) use of net or conditional water availability in excess of that authorized by the Highlands Council; b) water deficit mitigation insufficient to comply with mitigation requirements of the Highlands Council pursuant to § 165-117.9G(7)(b); or c) installation or expansion of a use or structure listed as a PCS at Appendix B or Appendix C [where not otherwise prohibited by use restrictions of § 165-117.8B(3)] in a manner inconsistent with all provisions and conditions of approval of § 165-117.9I(3). 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.
(2) 
Municipal exception provisions.
(a) 
For applications other than those cited at Subsection C(1), above, the reviewing Board or other authority may grant exceptions from the strict application of the provisions of §§ 165-117.9 and 165-117.10 of this article only where the applicant demonstrates and the reviewing entity finds that:
[1] 
The deviation is unavoidable and represents the minimum feasible under the particular circumstances surrounding the project proposal, and the grant of relief is reasonable, necessary and supports the general purpose and intent of the applicable provisions; or
[2] 
The literal enforcement of the provision(s) of the ordinance at issue is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(b) 
The approval of an exception must be accompanied by a detailed justification and is subject to review by the Highlands Council. Any applicant seeking approval of an exception shall provide such justification, in writing, including at a minimum an explanation of how and to what extent the following conditions are addressed:
[1] 
The exception addresses Subsection C(2)(a)[1] or [2] above;
[2] 
The exception provides relief only to the minimum extent necessary;
[3] 
Other environmental features are not damaged in the process of protecting the regulated resources; and
[4] 
No alternative exists that will allow for at least a minimum practical use of the property (if applicable).
A. 
Enforcement. Enforcement of the provisions of this article shall be the responsibility of the Clinton Township Zoning Officer, Engineer, Health Department, Construction Code Official and any other officer or entity designated by the Clinton Township Administrator, Manager, or Governing Body, as applicable. Enforcement shall occur in the case of any activity, improvement, or development project that violates any provision of this article, whether or not subject to a permitting or approval process pursuant to this article, or the underlying municipal land use ordinances.
B. 
Inspections.
(1) 
Site inspections. The Township Construction Official, Township Engineer and other qualified Township personnel, as determined to be necessary and appropriate are authorized to and shall periodically inspect all project sites for compliance with development approvals pursuant to this article. The authorized inspector shall in addition:
(a) 
Verify of baseline conditions in all areas designated for conservation easements, deed restrictions or other means of resource preservation.
(b) 
Sequence compliance inspections to ensure the protection of on-site and off-site resources, achievement of site construction and environmental impact requirements, placement of conservation easement monuments, etc.
(c) 
Verify "as built" conditions to ensure compliance with all approvals, conservation easements, deed restrictions or other required means of resource preservation.
C. 
Administrative compliance. The Township Construction Official, Township Engineer and other authorized Township personnel shall be authorized to issue a stop-work order, revoke building permits, refuse to approve further work, or deny certificates of occupancy or approval, and to impose mandatory remedial and corrective measures including full restoration of any resources that are improperly disturbed.
D. 
Penalties. Civil and criminal penalties for violations of this article shall be as established in accordance with Article XXXVIII of this chapter.