Specifically, this part shall apply to any application seeking approval of a site plan, subdivision, or change in use where approval of such application would: a) result in the ultimate disturbance of one acre or more of land; b) produce a cumulative impervious surface area of 1/4 acre, or more; c) introduce or expand a use not permitted by this part; or d) in the case of residential development, create three or more dwelling units; where the phrases "residential development," "ultimate disturbance," and "cumulative impervious surface area" are defined as provided at § 230-3.2. The provisions of this part shall apply in conjunction with and as a supplement to the existing Zoning Ordinance,[1] 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 part shall supersede. Where provisions differ only by degree,
the more restrictive of the applicable requirements shall supersede.
The exclusions listed hereinbelow consist of specific activities,
improvements, and development projects, to which the provisions of
this part shall not apply. These exclusions shall not be construed
to apply across-the-board to any lot, tract or other division of land,
whether existing or proposed as of the effective date of this part.
Neither shall such exclusions be construed to alter, obviate or waive
the requirements of any other applicable state or local law, rule,
regulation, development regulation or ordinance. This would include,
for example, the bulk requirements of the municipal zoning ordinance
(e.g., yard and area requirements), the rules and regulations applicable
to issuance of building permits, or the requirements of any municipal
ordinance regulating the operation and maintenance of on-site septic
systems.
A.
This part shall not apply to reconstruction, within the same footprint,
of any building or other structure lawfully existing as of the effective
date of this part, in the event of its destruction or partial destruction
by fire, storm, natural disaster, or any other unintended circumstance.
B.
This part shall not apply to any improvement or alteration to a building
or other structure lawfully existing as of the effective date of this
part, where such improvement or alteration is necessary for compliance
with the provisions of the Americans With Disabilities Act,[1] or to otherwise provide accessibility to the disabled.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C.
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this part shall not apply to Agricultural or Horticultural Use and Development (as defined at § 230-3.2).
D.
This part shall not apply to any activity, improvement, or development
project specifically listed as a Highlands Act Exemption at N.J.S.A.
13:20-28. The applicable Highlands Act Exemptions include those listed
below.
(1)
Highlands Act 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.
(a)
For purposes of this part, 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 part, the applicable date of lawful existence
shall, for the Preservation Area, coincide with the date of enactment
of the Highlands Act (August 10, 2004), and for the Planning Area,
the effective date of this part or of the Highlands Checklist Ordinance,
whichever is the earlier.
(c)
For purposes of this part, these provisions shall not be construed
to exempt any change in use of such reconstructed building or structure
from the applicable provisions of this part.
(2)
Highlands Act 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.
(3)
Highlands Act 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.
(4)
Highlands Act Exemption 8. The construction or extension of
trails with nonimpervious surfaces on privately owned lands where
a conservation or recreational use easement has been established.
(5)
Highlands Act Exemption 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.
(6)
Highlands Act Exemption 15. The remediation of any contaminated
site pursuant to P.L. 1993, c. 139 (N.J.S.A. 58:10B-1 et seq.).
Any proposed project, development or activity that meets the definition of a "Major Highlands Development" (see Definitions, § 230-3.2) 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 part 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.
Any developer/owner/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 part 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 (NJAC 7:38) applicable to the Highlands Preservation Area, and shall expire if (and in such event, when) such approval expires. The provisions of this part 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 § 230-2.4 below).
Any developer/owner/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 part 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 part 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 § 230-2.4, below).
Any nonconforming use, building or structure lawfully existing
at the time of passage of this part 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 the
underlying municipal Zoning Ordinance.[1] For purposes of this part, the words, "restored" and "repaired"
shall in no case be construed to mean "expanded."
