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.
The Township Master Plan incorporates the Highlands Preservation
Area inclusive of the goals applicable to it, as an integral component
of the planning and land use policies of the municipality. For purposes
of this chapter, this area is herewith designated the "Township Highlands
Preservation Area," also referred to herein as the "Highlands Preservation
Area," or "Preservation Area."
The Preservation Area, to the full extent of its limits within
the Township, is herewith adopted and established as an overlay to
municipal zoning.
A.
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 Township Master Plan incorporates the Highlands
Zones and Sub-Zones as an integral component of the planning and land
use policies of the municipality.
B.
In keeping with the Land Use Plan of the Township Master Plan, the
following Highlands Zones and Sub-Zones are herewith established as
overlays to existing municipal zoning:
The Protection Zone contains the highest quality natural resource
value lands of the Highlands Preservation 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.
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.
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.
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.
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 Township Master Plan incorporates
each of these areas to the extent of their physical limits within
the Highlands Preservation Area, 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 Township Master Plan, the following Highlands Resource Areas
and Special Protection Areas are herewith established as overlays
to municipal zoning:
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.
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 categories
(including springs, streams, and wetlands) as described and defined
in the Township Environmental Resource Inventory.
Riparian areas are areas adjacent to and hydrologically interconnected
with Highlands Open Waters rivers and streams. They consist of flood-prone
areas, wetlands, soils that are hydric, alluvial, or have a shallow
depth to ground water. Riparian areas also include wildlife passage
corridors within 300 feet of surface Highlands Open Waters features.
The Steep Slope Protection Area is comprised of those portions
of the Highlands Preservation 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 nonforested, 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.
Critical habitat is comprised of all land areas in the Highlands
Preservation 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. Critical Wildlife Habitat consists of
those areas within NJDEP's Landscape Project Version 3 (or more recent
version, as amended) that are 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.
The Lake Management Area is defined to include the drainage
area of all lakes entirely or partially within the Highlands Preservation
Area having a total 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.
Prime Ground Water 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.
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.
The Highlands Special Environmental Zone consists of lands having
the highest priority ranking for preservation based on the Highlands
Council resource assessment methodology. This assessment considers
five indicators for the protection of water resources and environmentally
sensitive lands, including forest within the Forest Resource Area,
Riparian Corridor Condition High, Highlands Open Water Protection
Area, critical habitat, and the Water Quality Management Tier of Lake
Management Areas (excluding those of the Lake Community Sub-Zone).
The Special Environmental Zone is located within the Highlands Conservation
Priority Area and is located solely within the Preservation Area.
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.
All Highlands Districts as set forth under §§ 230B-4.1 through 230B-4.3, above, including the Preservation Area, all 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 Preservation Area Land Use Ordinance.
Map titled "Township of Montville Highlands Preservation Area,
Highlands Zones and Sub-Zones," dated September 19, 2011, depicting
the municipality along with delineation of the Preservation Area and
Highlands Zones and Sub-Zones as provided by the Highlands Council
(Exhibit 1).[1]
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
Series of Maps depicting the Resource and Special Protection Areas listed at §§ 230B-4.3.1 through 230B-4.3.13 above, and also including related features and areas as discussed and defined in Article 6 of this chapter, dated September 19, 2011 (unless otherwise specifically noted), as provided by the Highlands Council. It is noted that although the maps also depict information for the Planning Area, this is for informational purposes only.[1]
A.
"Forest Resource Area, Total Forest Area": map depicting that portion of the Township Highlands Preservation Area designated as forest resource area (pursuant to § 230B-4.3.1 above) and including total forest area (as defined at § 230B-6.1); map denoted Exhibit 2.
B.
"Highlands Open Waters, Lake Management Areas": map depicting Highlands Open Waters located wholly or partially within the Township Highlands Preservation Area (pursuant to § 230B-4.3.2 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., nondelineated; 1,000 feet from estimated shoreline) (pursuant to § 230B-4.3.7 above); map denoted Exhibit 3.
C.
"Riparian Area": map depicting riparian areas (pursuant to § 230B-4.3.3 above) located within the Township Highlands Preservation Area; map denoted Exhibit 4.
D.
"Steep Slope Protection Area": Map depicting those portions of the Township Highlands Preservation Area having 5,000 square feet or more of contiguous surface area in steep slopes pursuant to § 230B-4.3.4 above); map denoted Exhibit 5.
E.
"Critical Wildlife Habitat, Significant Natural Areas, Vernal Pools": map depicting those portions of the Township Highlands Preservation Area designated as Critical Wildlife Habitat (pursuant to § 230B-4.3.5A above); those portions of the Township Highlands Preservation Area designated as significant natural areas (pursuant to § 230B-4.3.5B above); and vernal pool locations (by center point only, nondelineated), including representative vernal pool buffers (1,000 feet from center point), located within the Township Highlands Preservation Area (pursuant to § 230B-4.3.5C above); map denoted Exhibit 6.
F.
"Prime Ground Water Recharge Area, Wellhead Protection Areas": map depicting those portions of the Township Highlands Preservation Area designated as prime groundwater recharge areas (pursuant to § 230B-4.3.8 above); and the location of public water system wells within the Township Highlands Preservation Area and the associated wellhead protection tiers surrounding them (pursuant to § 230B-4.3.9 above); map denoted Exhibit 7.
G.
"Highlands Special Environmental Zone": map depicting those lands of the Township Highlands Preservation Area designated by the Highlands Council as Highlands Special Environmental Zone (pursuant to § 230B-4.3.10 above); map denoted Exhibit 8.
H.
"Highlands Scenic Resources": map depicting properties located within
the Township Highlands Preservation Area that are listed in the Highlands
Scenic Resources Inventory (pursuant to § 230B-4.3.13 above);
map denoted Exhibit 9.
[1]
Editor's Note: Exhibits 2 through 9 are included as an attachment to this chapter.
All Highlands District maps, as set forth at § 230B-4.4 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 District maps and the boundary lines they specify.
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.
A.
The Highlands Preservation Area, Highlands Zones and Sub-Zones Map (§ 230B-4.4.1 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.
B.
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 seq.) 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.
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 Township Environmental
Resource Inventory and in the Highlands Element of the Township Master
Plan.
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 chapter. 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.
