Terms used in the body of this chapter which are defined by
the Highlands Act (N.J.S.A. 13:20-3) are intended to have the same
definitions as provided in the Highlands Act. Unless expressly stated
to the contrary or alternately defined herein, terms which are defined
by the MLUL are intended to have the same meaning as set forth in
the MLUL. For purposes of this chapter, the terms "shall" and "must"
are indicative of a mandatory action or requirement, while the word
"may" is permissive.
For purposes of this chapter the following definitions shall
apply:
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings (N.J.S.A 13:20-3).
Construction for the purposes of supporting common farmsite
activities, including, but not limited to, the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing
(N.J.S.A. 13:20-3).
The use of land for common farmsite activities, including
but not limited to, the production, harvesting, storage, grading,
packaging, processing, and the wholesale and retail marketing of crops,
plants, animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control disposal of farm waste, irrigation,
drainage and water management, and grazing (N.J.S.A. 13:20-3).
Any entity applying to the Board of Health, Planning Board,
Zoning Board of Adjustment, Zoning Officer, Construction Official
or other applicable authority of the municipality for permission or
approval to engage in an activity that is regulated by the provisions
of this chapter.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
Used interchangeably with the term "construction permit,"
see definition below.
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.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to the MLUL.
(N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation
(N.J.S.A. 13:20-3).
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.
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).
A written guidance document describing the forest resources
present on a property, the landowner's management goals and objectives,
and the recommended practices or activities to be carried out over
time on the land. This tool is used to evaluate a forest land's current
state and provide a management process which, over time, meets the
landowner's objectives, while maintaining health and vigor of the
resource. Forest management plans are typically written for a ten-year
period (RMP, Glossary).
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise (N.J.S.A. 13:20-3).
A farm management unit as defined above.
A determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4)
indicating whether a project proposed for the Preservation Area is
a major Highlands development, whether any such major Highlands development
is exempt from the Highlands Act, and whether the project is consistent
with the applicable Areawide Water Quality Management Plan
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.
An approval issued by the NJDEP pursuant to N.J.A.C. 7:38-6
pertinent to a regulated activity in the Highlands Preservation Area,
and including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b.
A spouse, child, parent, sibling, aunt, uncle, niece, nephew,
first cousin, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister,
half brother, or half sister, whether the individual is related by
blood, marriage, or adoption (N.J.S.A. 13:20-3).
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements
(N.J.S.A. 13:20-3).
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.
Except as otherwise provided pursuant to Subsection a. of
Section 30 of the Highlands Act ("Exemptions").[1] (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).
For purposes of this chapter, all references to the "Township
Master Plan," "master plan," or "Master Plan" refer to the municipal
master plan, as defined in the MLUL (N.J.S.A. 40:55D-5), as adopted
by the Township Planning Board.
For purposes of this chapter, all references to the Highlands
Regional Master Plan (RMP) shall be by use of the words "Highlands
Regional Master Plan," "Highlands RMP," "Regional Master Plan," or
"RMP."
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
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.
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 chapter, this terminology shall also be used to refer
to any Planning Area lands located solely within the Township.
Lands within the Highlands Region that are located in that
portion designated by the Highlands Act as the "Preservation Area."
(See metes and bounds description at N.J.S.A. 13:20-7b). For purposes
of this chapter, this terminology shall also be used to refer to Preservation
Area lands located solely within the Township.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array (N.J.S.A. 13:20-3).
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.
[1]
Editor's Note: See N.J.S.A. 13:20-28, Subsection a.
