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.
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 part, a Highlands Resource Permit shall be
required in accordance with the provisions of § 230-9.1.6,
below.
Pursuant to § 230-2.1.1D above, any application proposing an activity, improvement or development project that qualifies as a Highlands Act Exemption is exempt from the requirements of this part. 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 or B below.
A.
State Agency Determination. State Agency Determinations shall include
either, a Highlands Applicability Determination (HAD) issued by the
NJDEP for a Preservation Area proposal, or a Highlands 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.
State Agency Determinations are required for any application under
this part involving Highlands Act Exemption No. 14 or 15. State Agency
Determinations are also required for any capital or other project
of any state entity or local government unit, or for any other publicly
owned or controlled land or facility; these categories including any
project or improvement pertaining to the lands or facilities of the
Township of Lebanon.
B.
Municipal Determination. Pursuant to the Township's Ordinance, entitled
"Lebanon Township Highlands Area Exemption Ordinance,"[2] for any application under this part involving Highlands
Act Exemptions Nos. 4, 6, 7 or 8, the applicant may request and shall
be deemed to have satisfied the evidentiary requirement by obtaining
a Municipal Exemption Determination issued by the Municipal Exemption
Designee, provided such Determination indicates that the proposal
qualifies as a Highlands Act Exemption. 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 a Highlands
Exemption Determination issued by the Highlands Council, or of a HAD
issued by the NJDEP.
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 § 230-3.2), or any other such application, unless deemed a Highlands Act Exemption pursuant to § 230-9.1.2 above, is subject to compliance with the provisions of this part. 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 part; 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 part 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
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 part 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 Township Planner, Engineer, Planning Board,
Zoning Board of Adjustment, Board of Health, Health Department. 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 part, 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 § 230-9.2.3 below, but is by no means limited solely to these in making its determination on an application.
For any application listed in this subsection, authorization
by the Highlands Council 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. In all such cases, applications
shall be filed with the Highlands Council in accordance with its established
submission and procedural guidelines.
A.
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), or b) Lake Community Sub-Zone, pursuant to § 230-5.3.6.
The provisions of this section shall apply to any Application for Development (see § 230-3.2, above) under the jurisdiction of the Planning Board or Zoning Board of Adjustment.
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
municipal land use ordinances.
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.
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 time frames 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.
The following conditions of approval shall, in addition to any applicable conditions previously set forth under this part, be attached to any Application for Development approved pursuant to the MLUL, and the provisions of § 230-9.1, 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 § 230-9.2.2 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 § 230-7.3.
D.
Musconetcong National Scenic and Recreational River. Any applications
requiring federal permits, receiving federal funding or involving
other federal actions and that may affect resource values of the Musconetcong
National Scenic and Recreational River shall be conditioned upon National
Park Service review of the disturbance pursuant to Section 10(a) of
the National Wild and Scenic Rivers Act.[1]
[1]
Editor's Note: See 16 U.S.C. § 1271 through 1287.
E.
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.
F.
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.
G.
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.
All applicants seeking approval for any activity, improvement or development project covered under the provisions of this part 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 Article III) 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.
All applications shall be accompanied by the following:
A.
Application fees and escrow deposits.
B.
Completed application forms (14 copies).
C.
Highlands Act Exemptions. Any applicant claiming eligibility for
an exemption under the Highlands Act shall provide one of the following:
D.
Prior approvals. All applications requiring prior approvals pursuant
to the provisions of this part 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 development within the Carbonate Rock Area pursuant to § 230-6.5.2, copies of Phase I Geologic Investigation report, Phase II Geotechnical Evaluation Report if applicable, associated certification(s) of sufficiency issued by Municipal Engineer, and all written evaluations, reports, recommendations issued by the Municipal Engineer pursuant to § 230-6.5.3.
(2)
For any application proposing development within a Carbonate Rock Drainage Area pursuant to § 230-6.5.4, copies of Phase I Geologic Investigation report, associated certification of sufficiency issued by Municipal Engineer, and all written evaluations, reports, recommendations issued by the Municipal Engineer pursuant to § 230-6.5.3.
(4)
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 § 5.3.6,
Notice of Authorization issued by the Highlands Council.
(5)
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.
(6)
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 part 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[2] which are not identified within the Total Forest Area, or which revise the Total Forest Area; if required pursuant to § 230-6.6.4, the applicable limits of the Lake Management Scenic Resources Tier; and if deemed necessary by the review professional pursuant to § 230-6.5.4, 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 georeferenced 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 georeferenced CAD files in lieu of the ESRI Shape files.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
The submission requirements of this subsection shall apply in addition to those of § 230-9.3.1 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).[1]
[1]
Editor's Note: Appendices B and C 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 (if applicable) pursuant to § 230-7.3.
(8)
Plans documenting baseline conditions in all areas designated
for public (or nonprofit land trust) open space preservation.
(9)
Water use.
(a)
Existing and proposed water demand inclusive of calculations based on use and unit/square footage equivalents listed at § 230-5.3.2.
(b)
For any application proposing an average of 6,000 or more gallons per day of new or increased water use pursuant to § 230-6.7.2:
[1]
All submission items required pursuant to any adopted
municipal or subwatershed-based Water Use and Conservation Management
Plan (WUCMP).
[2]
The following, where a WUCMP has not been adopted and the application proposes use of Conditional Water Availability pursuant to § 230-6.7.7B:
[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 § 230-6.7.7B(4).
(10)
Septic systems.
(a)
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 § 230-7.6. 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 Health Director.
(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.
(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
part.
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 §§ 230-9.3.4 through 230-9.3.13, below.
The submission requirements of this subsection shall apply in addition to those of §§ 230-9.3.1 and 230-9.3.2, 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 § 230-9.3.2 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 §§ 230-9.3.4 through 230-9.3.13, below.
C.
Cluster Development requirements. For applications proposing Cluster Development pursuant to Article VIII, all submission checklist items required pursuant to § 230-9.3.13, below.
A.
Plans identifying forests using the Highlands Council Forest Resource
Area, 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).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Maps showing the location of all Highlands Open Waters, Highlands
Open Waters buffers, and Riparian Areas, as provided in this part.
B.
For linear development pursuant to § 230-6.2.3H, all items required as listed therein.
A.
Map showing limits of Steep Slope Protection Area as provided in
this part.
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 § 230-3.2.
C.
For any application proposing linear development of a Moderately or Severely Constrained slope area pursuant to § 230-6.3.3A, all items as listed and required therein.
D.
For any application proposing disturbance of a Constrained or Limited Constrained slope pursuant to § 230-6.3.3B, 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 part.
(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.
A.
Maps identifying Critical Habitat using the Critical Habitat GIS
layers for Critical Wildlife Habitat and Vernal Pools, as provided
in this part.
A.
Map identifying the limits of Carbonate Rock Area as provided in
this part.
B.
For applications proposing development within any Carbonate Rock
Drainage Area, map identifying the limits of same.
C.
Identification and description of any existing or proposed Major
Potential Contaminant Source (Appendix B),[1] and proposed Best Management Practices pursuant to § 230-6.9.3A.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A.
Map identifying the Lake Management Area and Lake Management Tier(s)
as provided in this part.
B.
For linear development with a Shoreland Protection Tier (Highlands Open Waters buffer) pursuant to § 230-6.2.3H, all items required as listed therein.
C.
For proposed disturbance of a Water Quality Management Tier, a stormwater management plan pursuant to § 230-6.6.3.
D.
For any proposed development within the Scenic Resources Tier, a visual assessment survey, tree protection plan, and exterior lighting plan pursuant to § 230-6.6.4B.
A.
Map identifying Prime Groundwater Recharge Areas as provided in this
part.
B.
For any application proposing to disturb a Prime Groundwater Recharge
Area:
(2)
PGWRA Mitigation Plan pursuant to § 230-6.8.3D.
(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),[1] and proposed Best Management Practices pursuant to § 230-6.9.3A.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A.
Map identifying Wellhead Protection Areas (WHPAs) and time of travel
Tiers as provided in this part. Where more than one WHPA Tier intersects
an existing or proposed Potential Contaminant Source (Appendix B and
Appendix C)[1] within a project site, identify the more protective Tier
as the applicable Tier for that Potential Contaminant Source.
[1]
Editor's Note: Appendices B and C are included as attachments to this chapter.
B.
Identification and description of any existing or proposed Major
or Minor Potential Contaminant Sources (Appendix B and C).
C.
For parcels within a Tier 1 WHPA for which a new or expanded Major PCS is proposed, the proposed Best Management Practices pursuant to § 230-6.9.3A.
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).
A.
Map identifying the limits of the ARA as provided in this part.
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 § 230-6.10.3.
C.
For Cluster/Conservation Design Development, all submission checklist items as provided at § 230-9.3.13, below.
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 layout, 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 § 230-9.3.12B, above.
(3)
Plans for open space preservation, if applicable, including
active or passive recreation amenities.
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.
[Added 8-18-2021 by Ord.
No. 2021-09]
The application fee and escrow requirements of this section
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. 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[1] and the Uniform Construction Code.
A.
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 § 230-9.1.
(1)
Highlands Resource review fees.
(a)
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: $25.
(b)
Applications involving determinations regarding any one or combination
of the following: density or intensity of development standards, forest
resources, steep slopes, carbonate rock Phase II investigation, water
deficit mitigation or stormwater management (including stormwater
low-impact development): $25.
(2)
Escrow deposit requirements.
(a)
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
|
|---|---|
|
Density or intensity standards
|
$250
|
|
Forest resources
|
$250
|
|
Steep slopes
|
$250
|
|
Carbonate rock, Phase II investigation
|
$1,500
|
|
Water deficit mitigation
|
$1,000
|
|
Stormwater management and stormwater LID
|
$500
|
|
Conservation/deed restrictions
|
$250
|
|
Operations and contingency plans
|
$250
|
(b)
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 time frames as therein stated.
B.
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 § 230-9.1.
(1)
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.
(2)
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,
steep slopes, carbonate rock Phase II investigation, water deficit
mitigation, or stormwater management (including stormwater low-impact
development).
[1]
Editor's Note: See the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
