A.
This chapter shall apply solely to the use and development of lands located within the Township Highlands Area. Specifically, this chapter shall apply to any application seeking approval of a site plan [NOTE: Note that under the MLUL, specifically N.J.S.A. 40:55D-37 (Article 6. Subdivision and Site Plan Review and Approval), subdivisions and individual lot applications for detached one- or two-unit buildings are not required to submit a site plan application. Therefore, improvements to a detached one- or two-unit building, such as the installation of a pool, construction of a deck or addition to a home, would not trigger the applicability requirements under § 2-1. However, the application would still have to follow the regulations contained within the Township's Land Use Ordinance (Chapter 100).], subdivision, or change in use where approval of such application would:
B.
All thresholds in Subsection A(1) and (2), above, shall be interpreted to apply cumulatively over time, beginning as of the effective date of this chapter. If or when any one of the thresholds is reached, the chapter shall apply to any and all development in excess of that threshold. Where an application proposes a mixed use, the thresholds in Subsection A(2) for nonresidential development shall apply to the whole of the project, while that in Subsection A(1) shall apply to the residential component.
C.
The phrases "residential development," "ultimate disturbance," and "cumulative impervious surface area," as used above and throughout this chapter, are defined as provided at § 101-13.
D.
The provisions of this chapter shall apply in conjunction with and as a supplement to the existing Land Use Ordinance (Chapter 100), 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 chapter shall supersede. Where provisions differ only by degree, the more restrictive of the applicable requirements shall supersede.
The exclusions listed herein below consist of specific activities,
improvements, and development projects, to which the provisions of
this chapter 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 chapter.
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 chapter shall not apply to reconstruction, within the same footprint,
of any building or other structure lawfully existing as of the effective
date of this chapter, in the event of its destruction or partial destruction
by fire, storm, natural disaster, or any other unintended circumstance.
B.
This chapter shall not apply to any improvement or alteration to
a building or other structure lawfully existing as of the effective
date of this chapter, 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.
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this chapter shall not apply to agricultural or horticultural use and development (as defined at § 101-13).
D.
This chapter 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 chapter, 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. Any determination of whether the
expansion of impervious cover meets the statutory criteria for the
exemption must account for the preexisting impervious cover, and in
the Preservation Area, any such expansion must be contiguous to the
location of the existing impervious cover. See "In re August 16, 2007
Determination of NJDEP ex rel. Christ Church," 414 N.J. Super. 592
(App. Div. 2010), certif. denied, 205 N.J. 16 (2010).
(b)
For purposes of this chapter, 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 chapter or of the Highlands Checklist
Ordinance, whichever is the earlier.
(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
a forest stewardship plan approved pursuant to Section 3 of P.L. 2009,
c.256 (the State Park and Forestry Resources Act, N.J.S.A. 13:1L-31),
or the normal harvesting of forest products in accordance with a forest
management plan or forest stewardship plan approved by the State Forester.
(4)
Highlands Act 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.
(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 § 101-13, Definitions) 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 chapter 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.
A.
Preservation Area. 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 chapter 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 chapter 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 § 101-11 below).
B.
Planning Area. 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 chapter 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 chapter 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 § 101-11, below).
Any nonconforming use, building or structure lawfully existing
at the time of passage of this chapter 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 Land Use Ordinance. For purposes of this chapter,
the words, "restored" and "repaired" shall in no case be construed
to mean "expanded."
