[Added 6-20-2017 by Ord.
No. 2017-02-02[1]]
[1]
Editor's Note: This ordinance also superseded Ord. No. 2016-08,
adopted 12-20-2016, which updated submission requirements for applications
for development and established Highlands Districts.
A.Â
SHORT TITLE. This article shall be known and cited as the "Borough
of Chester Highlands Planning Area Land Use Ordinance."
B.Â
PURPOSE. The purpose of this article is to effectuate the policies,
goals and objectives of the Chester Borough Master Plan, in particular
the Highlands Element of the Master Plan, while at the same time advancing
the purposes of zoning as set forth in the New Jersey Municipal Land
Use Law ("MLUL," N.J.S.A. 40:55D-1 et seq.), addressing the substantive
goals and intents of the Highlands Water Protection and Planning Act
("Highlands Act," N.J.S.A. 13:20-1 et seq.), and satisfying the goals,
requirements and provisions of the Highlands Regional Master Plan
(RMP).
C.Â
SCOPE. The provisions of this article pertain to the use and development
of all lands located within the Borough of Chester. The municipality
lies fully within the Planning Area of the New Jersey Highlands Region.
As a conforming municipality, the applicable provisions of the Borough
of Chester Master Plan, land use ordinances and other pertinent regulations
have been deemed by the New Jersey Highlands Water Protection and
Planning Council ("Highlands Council") to be in conformance with the
Highlands RMP. This article governs certain land uses, development
and redevelopment activities, and the management and protection of
resources, including but not limited to water resources, natural resources,
agricultural resources, and historic, cultural and archaeological
resources. The provisions of this article shall apply in conjunction
with all other applicable ordinances, rules and regulations of the
municipality. In the event of conflicting or less restrictive alternate
provisions, the provisions of this article shall supersede.
D.Â
STATUTORY AUTHORITY. This article is adopted under the authority
of the MLUL and the Highlands Act. The Highlands Act provides authorities
and responsibilities for municipal planning and development regulation
that are complementary to those set forth under the MLUL. The MLUL
gives authority to New Jersey municipalities to govern land use and
development within their borders. The Highlands Act augments that
authority to allow the municipality the power to enforce the goals,
policies, objectives and programs of the Highlands RMP. The Highlands
Act is designed to protect the natural and agricultural resources
of the Highlands through a coordinated system of regional land use
controls. The Highlands Act creates a system in which a regional plan
is implemented primarily through local government units. The Highlands
Act and the RMP together provide the regional perspective from which
local decisions and actions will emanate.
E.Â
SEVERABILITY. If any section, sentence, clause or phrase of this
article is held to be invalid or unconstitutional by any court of
competent jurisdiction, such holding shall in no way affect the validity
of the article as a whole, or of any other portion thereof.
F.Â
EFFECTIVE DATE. This article shall take effect after final passage
and publication in the manner required by law.
A.Â
APPLICABILITY. The Highlands Land Use Ordinance shall apply to the use and development of all lands located within the Borough of Chester. Specifically, this article shall apply to any application seeking approval of a site plan, subdivision, or change in use where approval of such application would: A) for residential development (as defined at § 163-103B), create three or more dwelling units; B) for nonresidential development: 1) result in the ultimate disturbance of one acre or more of land; 2) produce a cumulative impervious surface area of 1/4 acre, or more; or 3) introduce or expand a use not permitted by this article. All thresholds in A) and B), above, shall be interpreted to apply cumulatively over time, beginning as of the effective date of this article. If or when any one of the thresholds is reached, the article shall apply to any and all development in excess of that threshold. Where an application proposes a mixed use, the thresholds in B) for nonresidential development shall apply to the whole of the project, while that in A) shall apply to the residential component. The phrases "residential development," "ultimate disturbance," and "cumulative impervious surface area," as used above and throughout this article, are defined as provided at § 163-103B. The provisions of this article shall apply in conjunction with and as a supplement to the existing Zoning Ordinance, 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 article shall supersede. Where provisions differ only by degree, the more restrictive of the applicable requirements shall supersede.
(1)Â
Exclusions. The exclusions listed hereinbelow consist of specific
activities, improvements, and development projects to which the provisions
of this article 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 article.
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)Â
This article shall not apply to reconstruction, within the same
footprint, of any building or other structure lawfully existing as
of the effective date of this article, in the event of its destruction
or partial destruction by fire, storm, natural disaster, or any other
unintended circumstance.
(b)Â
This article shall not apply to any improvement or alteration
to a building or other structure lawfully existing as of the effective
date of this article, 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)Â
Unless specifically indicated otherwise, and in that case only to the specific extent indicated, the provisions of this article shall not apply to agricultural or horticultural use and development (as defined at § 163-103B).
(d)Â
This article 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]Â
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]Â
For purposes of this article, 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]Â
For purposes of this article, the applicable date
of lawful existence shall coincide with the effective date of this
article or of the Highlands Checklist Ordinance,[2] whichever is the earlier.
[2]
Editor's Note: Ordinance No. 2016-08, adopted 12-20-2016,
updated submission requirements for applications for development and
established Highlands Districts.
[2]Â
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]Â
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]Â
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]Â
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]Â
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.).
B.Â
PRIOR DEVELOPMENT APPROVALS. 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 article 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 article 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 Subsection C below).
C.Â
NONCONFORMING USES, BUILDINGS AND STRUCTURES. Any nonconforming use,
building or structure lawfully existing at the time of passage of
this article 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. For purposes of this article, the words, "restored" and
"repaired" shall in no case be construed to mean "expanded."
A.Â
WORD USAGE. Terms used in the body of this article which are defined
by the Highlands Act 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 meanings as set forth in the MLUL. For
purposes of this article, the terms "shall" and "must" are indicative
of a mandatory action or requirement while the word "may" is permissive.
B.Â
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
AQUIFER
ARCHAEOLOGICAL RESOURCES
BEST MANAGEMENT PRACTICES (BMP)
BUILDING PERMIT
CADB
CLEAR-CUTTING
CLUSTER/CONSERVATION DESIGN DEVELOPMENT
CLUSTER/CONSERVATION DESIGN DEVELOPMENT GUIDELINES
CLUSTER PROJECT AREA
COMMUNITY-BASED ON-SITE WASTEWATER FACILITIES
CONDITIONAL WATER AVAILABILITY
CONSTRUCTION PERMIT
CONSUMPTIVE WATER USE
CONTAMINANT
CONTAMINATION
CULTURAL RESOURCES
CURRENT DEFICIT AREA
DEFORESTATION
DENSITY
DENSITY, SEPTIC SYSTEM
DEPLETIVE WATER USE
DEVELOPMENT
DEVELOPMENT SET ASIDE OF CLUSTER PROJECT AREA
DISCHARGE
DISSOLUTION
DISTURBANCE
DISTURBANCE, ULTIMATE
ENDANGERED SPECIES
ENVIRONMENTAL LAND USE OR WATER PERMIT
EXISTING CONSTRAINED AREAS
FARM CONSERVATION PLAN
FARM MANAGEMENT UNIT
FARMLAND SOILS, IMPORTANT
FARMLAND SOILS OF LOCAL IMPORTANCE
FARMLAND SOILS OF STATEWIDE IMPORTANCE
FARMLAND SOILS, PRIME
FARMLAND SOILS, UNIQUE
FARMSITE
FLOOR AREA
FLOOR AREA RATIO
FOREST
FOREST AREA, TOTAL
FOREST AREA, UPLAND
FOREST, CORE
FOREST INTEGRITY
FOREST MANAGEMENT PLAN
FOREST PATCH
FOREST PATCH, MEAN DISTANCE TO CLOSEST (MDCP)
GROUNDWATER
GROUNDWATER AVAILABILITY
HABITAT VALUE
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
HIGHLANDS HISTORIC AND CULTURAL RESOURCE INVENTORY
HIGHLANDS OPEN WATERS
HIGHLANDS OPEN WATERS BUFFER
HIGHLANDS PUBLIC COMMUNITY WATER SUPPLY SYSTEM
HIGHLANDS REDEVELOPMENT AREA
HIGHLANDS SCENIC RESOURCE INVENTORY
HISTORIC DISTRICT
HISTORIC RESOURCES
HISTORIC SITE
HUC
HUC14 SUBWATERSHED
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
LIGHT DETECTION AND RANGING (LIDAR)
LINEAR DEVELOPMENT
LOW-IMPACT DEVELOPMENT
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
MUNICIPAL LAND USE LAW (MLUL)
NJDA
NJDA AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS RULES
NJDEP
NJDOT
NJPDES
NJPDES PERMIT
NJ SOIL EROSION AND SEDIMENT CONTROL ACT RULES
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONPUBLIC WELL
NONSTRUCTURAL STORMWATER MANAGEMENT
NRCS
OPERATIONS AND CONTINGENCY PLAN
PERSON
PLANNING AREA
POTENTIAL CONTAMINANT SOURCE (PCS)
PRESERVATION AREA
PRESERVATION SET ASIDE OF CLUSTER PROJECT AREA
PUBLIC COMMUNITY WATER SYSTEM
PUBLIC COMMUNITY WELL
PUBLIC NONCOMMUNITY WATER SYSTEM
PUBLIC NONCOMMUNITY WELL
PUBLIC NONTRANSIENT NONCOMMUNITY WATER SYSTEM
PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM
PUBLIC WATER SYSTEM
RARE SPECIES
REFORESTATION
RESIDENTIAL DEVELOPMENT
RESOURCE MANAGEMENT SYSTEM PLAN
REVIEWING BOARD
RIPARIAN AREA
RIPARIAN AREA, FLOOD-PRONE PORTION
RIPARIAN AREA WILDLIFE CORRIDOR
RIPARIAN SOILS
RMP UPDATE
SADC
SCD
SCENIC RESOURCES
SEDIMENTATION
SEPTIC SYSTEM
SEWER SERVICE AREA (SSA)
SHORELINE
SITE DISTURBANCE
SLOPE or GRADE)
SLOPES, CONSTRAINED
SLOPES, LIMITED CONSTRAINED
SLOPES, MODERATELY CONSTRAINED
SLOPES, SEVERELY CONSTRAINED
SLOPE, STEEP
SOIL CAPABILITY CLASS
SOLAR PANEL
SPECIES OF SPECIAL CONCERN
STORMWATER MANAGEMENT RULES
STRUCTURE
SUBSIDENCE SINKHOLES
SURFACE WATER
SUSTAINABLE AGRICULTURE
TECHNICAL SERVICE PROVIDER (TSP)
THREATENED SPECIES
TIME OF TRAVEL
TOTAL MAXIMUM DAILY LOAD (TMDL)
VIEWSHED
WASTEWATER UTILITY
WATER AVAILABILITY, CONDITIONAL
WATER AVAILABILITY, NET
WATER CONSERVATION
WATER-DEPENDENT USES
WATER QUALITY MANAGEMENT PLAN (WQMP)
WATER USE AND CONSERVATION MANAGEMENT PLAN
WELLHEAD
WHPA
ZONE OF SATURATION
DEFINITIONS. For purposes of this article 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.
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.
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.
Any entity applying to the Board of Health, Planning Board,
Zoning Board of Adjustment, Zoning Officer, Construction Official,
Chester Borough Land Use Board or other applicable authority of the
municipality for permission or approval to engage in an activity that
is regulated by the provisions of this article.
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 27 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-34 or 40:55D-36).
A geologic formation, group of formations, or partial formation
containing saturated permeable rock, sand or gravel sufficient to
store and transmit usable quantities of water to wells and springs.
Any material remains of past human life or activities which
are of archaeological interest, such as tools, structures or portions
of structures, pit houses, rock paintings, rock carvings, intaglios,
graves, human skeletal materials, or any portion or piece of any of
the foregoing items.
Structural or nonstructural methods used to prevent or reduce
the movement of sediment, nutrients, pesticides and other pollutants
from the land to surface- or groundwater.
Used interchangeably with the term "construction permit";
see definition below.
County Agriculture Development Board.
A forestry or logging practice in which most or all of the
trees in a harvest area are cut down.
A development design technique where principal buildings
and structures are grouped together on a portion of the cluster project
area, while the remaining land area is permanently deed-restricted
in agricultural use, for conservation of environmental resources,
or as open space for environmental protection including public recreational
use.
Guidelines for cluster/conservation design development provided
by the Highlands Council to guide municipalities in implementing cluster
development projects and in assisting in local development review
and Highlands project review.
All of the individual parcels from which development is clustered
including the area set aside for preservation and the area set aside
for development.
Sanitary sewerage treatment facilities (i.e., domestic treatment
works) that discharge treated wastewater to groundwaters as regulated
by a NJPDES permit under N.J.A.C. 7:14, which provide service to one
or more parcels that are approved and constructed as a single development
or planned development.
The amount of water availability allowed in a deficit HUC14
subwatershed, subject to certain mitigation requirements, as determined
by the Highlands Council.
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.
Any use of water that results in its evaporation, transpiration,
incorporation into products or crops, consumption by humans or animals,
or removal by any other means from a watershed or subwatershed, other
than by conveyances as untreated water supply, potable water, or wastewater.
A substance capable of causing contamination of a water supply.
The presence of any harmful or deleterious substances in
the water supply, including but not limited to hazardous substances,
hazardous wastes, and substances listed in the New Jersey Administrative
Code at N.J.A.C. 7:9C (Groundwater Quality Standards), N.J.A.C. 7:9B
(Surface Water Quality Standards) and N.J.A.C. 7:10 (New Jersey Safe
Drinking Water Act Regulations), and as these regulations may be amended
from time to time.
Sites, artifacts, or materials that relate to the way people
live or lived, for example, archaeological sites, rock carvings, ruins,
and the like. These resources are generally defined based on existing
documentation or artifacts discovered relating to activities of people
who lived, worked, or recreated in an area during a period in history.
A HUC14 subwatershed characterized by negative net water
availability, meaning that existing consumptive and depletive water
uses exceed the capacity of the groundwater supply to sustain them.
The conversion of forested areas to nonforested areas, whether
for use as urban land, or any other nonforest land use; disturbance
of an area characterized as "forest" pursuant to the procedures provided
in Appendix A,[1] herein, the extent or effect of which is to disqualify
the area from such designation.
The permitted number of dwelling units per gross acre of
land to be developed; or if defined by the underlying municipal Zoning
Ordinance, as provided therein.
The gross acreage of land area required per individual septic
system to physically contain and support its functions in keeping
with the specified wastewater design flow.
Use of water whereby it is withdrawn from a HUC14 subwatershed
and transported outside of the subwatershed (through utility conveyances
as untreated water supply, potable water, or wastewater), resulting
in a net loss of water to the subwatershed from which it originated.
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.
All of the individual parcels within the area set aside for residential development including the infrastructure, open space, and utilities necessary to support the development pursuant to the requirements of § 163-108A(5).
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation. [Pursuant to § 163-106B(3) of this article, when considering land for conversion to nonagricultural land uses in a Highlands Open Water buffer, historic or current agricultural land uses shall not be considered "land improvements," "development," "land disturbances," or "land uses" for purposes of calculating the previously disturbed area.]
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.
Species included on the list of endangered species that the
NJDEP promulgates pursuant to the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-13 et seq., and the Endangered Plant Species List
Act, N.J.S.A. 13:1B-15.151 et seq., and any species or subspecies
of wildlife appearing on any federal endangered species list or any
species or subspecies of plant designated as listed, proposed, or
under review by the federal government pursuant to the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq.
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.).
Stream flows within any HUC14 subwatershed(s) upstream of
a current deficit area.
A site-specific plan that prescribes needed land treatment
and related conservation and natural resource management measures,
including forest management practices, that are determined to be practical
and reasonable for the conservation, protection, and development of
natural resources, the maintenance and enhancement of agricultural
or horticultural productivity, and the control and prevention of nonpoint
source pollution.
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.
Soils based on soil data prepared by the USDA NRCS including
the following four classifications: Prime Farmland Soils, Farmland
Soils of Statewide Importance, Unique Farmland Soils, and Farmland
Soils of Local Importance.
Farmland of local importance includes those soils that are
not prime or of statewide importance and are used for the production
of high-value food, fiber or horticultural crops.
Farmlands of statewide importance include those soils in
NRCS Land Capability Class II and III that do not meet the criteria
as prime farmland. These soils are nearly prime farmland and economically
produce high yields of crops when treated and managed according to
acceptable farming methods. Some may produce yields as high as prime
farmland if conditions are favorable.
Prime farmlands include all those soils in NRCS Land Capability
Class I and selected soils from Land Capability Class II. Prime farmland
is land that has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber and oilseed crops and is also
available for these uses. It has the soil quality, growing season,
and moisture supply needed to economically produce sustained high
yields of crops when treated and managed according to acceptable farming
methods, Prime farmlands are not excessively erodible or saturated
with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
Soils used for special crops (such as cranberries in the
New Jersey Pinelands). Unique soils are determined on a statewide
basis by the State Soil Conservation Committee.
A farm management unit as defined above.
The area of each floor of a building lying within the inside
perimeter of its exterior walls excluding vent shafts, courts, and
unfinished areas such as basements or attics having ceiling heights
less than that required for habitable space under the building code.
The sum of the area of all floors of buildings or structures
compared to the total area of the site; or if defined by the underlying
Zoning Ordinance, as provided therein.
A biological community as determined by the method set forth
under Appendix A,[2] as adapted from NJDEP Preservation Area Rules, at N.J.A.C.
7:38-3.9.
The percentage of total area that is covered in forest.
A biological community that is a "forest," as defined above,
and that is not located in an area designated as Highlands Open Waters
(i.e., not a forested wetland or other Highlands Open Waters).
The area and percent of a forest patch that is greater than
300 feet from a forest edge.
An expression of the application of landscape metrics to
evaluate the effects of forest fragmentation across the landscape,
thereby recognizing the ability of forests to provide essential ecosystem
functions.
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 forestland'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.
A contiguous tract of forest bordered by either altered land
or a road.
The average edge-to-edge distance between distinct forest
patches located within a one-thousand-foot search radius of one another.
The MDCP provides a measure of forest patch isolation within the landscape
area of interest.
Water contained in the interconnected voids of a saturated
zone in the ground. A saturated zone is a volume of ground in which
the voids in the rock or soil are filled with water greater than or
equal to atmospheric pressure.
The total amount of water assigned by the Highlands Council
to a HUC14 subwatershed that can be used for consumptive and depletive
water uses by water uses that do not draw from water supplies with
a NJDEP-approved safe yield.
The value of an ecosystem area for maintenance of a healthy
population of a species as determined by quantity, quality, type,
and function.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act) (Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11
et seq., or Section 4 of the New Jersey Water Pollution Control Act
(N.J.S.A. 58:10A-1 et seq.) and as these regulations may, from time
to time, be amended. Substances listed include petroleum, petroleum
products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et
seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
The listing of historic, cultural and archaeological resources
within the Highlands Region, including but not limited to: all properties
listed on the New Jersey or National Register of Historic Places;
all properties which have been deemed eligible for listing on the
New Jersey or National Register of Historic Places; and all properties
for which a formal opinion of the State Historic Preservation Office
(SHPO) has been issued.
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 Borough of
Chester Environmental Resource Inventory.
A three-hundred-foot buffer around all Highlands Open Waters
from the edge of the discernible bank of the Highlands Open Waters
feature, or from the center line of that feature where no discernible
bank exists. With respect to wetlands and other Highlands Open Waters
features, the feature shall include a protection buffer of 300 feet,
measured from the mapped wetlands (not from the wetlands buffer) delineated
in a letter of interpretation, as provided by NJDEP.
Public water supply systems in the Highlands Region that
pipe water for human consumption to at least 15 service connections
or that regularly serve at least 25 year-round residents.
A property, portion of a property, or group of properties
designated as such by the Highlands Council and which includes one
or more of the following: a) a brownfield site; b) a grayfield site;
and c) any previously developed site in the Highlands Region. A Highlands
redevelopment area may include the intervening or surrounding lands
which are significantly affected by or necessary to support such sites,
and is subject to a Highlands Council-approved redevelopment plan
setting forth the scope and details of any redevelopment project(s)
and/or activities permitted to occur.
The inventory of regionally significant lands within the
Highlands Region that encompasses elements of high scenic quality
worthy of protection, as approved by the Highlands Council.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Buildings, structures, objects, districts, sites, or areas
that are significant in the history, architecture, archaeology, engineering
or culture of a place or time.
Any real property, man-made structure, natural object or
configuration of any portion or group of the foregoing of historical,
archaeological, cultural, scenic, or architectural significance.
Hydrologic Unit Code; identification number developed by
the USGS to designate drainage basins including watersheds and subwatersheds.
A delineated subwatershed area identified by a fourteen-digit
HUC, within which water drains to a particular receiving surface water
body.
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.
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.
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.
A system regulated under N.J.A.C. 7:9A for disposal of sanitary
sewage into the ground which is designed and constructed to treat
sanitary sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid effluent to a
disposal field, disposal bed, or disposal trench or trenches. The
term "septic system" is equivalent in meaning.
Technology that uses an active sensor, similar to radar that
transmits laser pulses to a target and records the time it takes for
the pulse to return to the sensor receiver. This technology is used
for high-resolution topographic mapping.
Infrastructure, utilities and the associated rights-of-way
therefor, including but not limited to such installations as railroads,
roads, sewerage and water supply pipelines, stormwater management
pipes and channels, natural gas and liquid fuel pipelines, electric,
telephone and other transmission lines, and in all cases, the associated
rights-of-way therefor.
An environmentally sensitive approach to land use planning
that uses a variety of landscape and design techniques to manage development
activities to mitigate potential adverse impacts on the natural environment.
Land uses and activities determined by the Highlands Council
to pose a major risk of groundwater contamination (see Appendix B[3]).
For purposes of this article, all references to the "Borough
of Chester Master Plan," "master plan," or "Master Plan," refer to
the municipal master plan, as adopted by the Borough of Chester Planning
Board and its successor, the Chester Borough Land Use Board.
For purposes of this article, 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."
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix C[4]).
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Agriculture.
The regulations established by the NJDA to implement requirements
of the Highlands Act, titled and codified at N.J.A.C. 2:92.
New Jersey Department of Environmental Protection.
New Jersey Department of Transportation.
New Jersey Pollutant Discharge Elimination System.
A permit issued by the NJDEP authorizing certain discharges
to ground- or surface waters of the State of New Jersey pursuant to
the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.,
as amended, and its implementing rules at N.J.A.C. 7:14A.
Regulations adopted by the State Soil Conservation Committee
at N.J.A.C. 2:90-1, incorporating requirements for best management
practices regarding temporary and permanent soil erosion control.
Any lot having an area, dimension or location which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any structure having a size, dimension or location which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a municipal zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
Any water supply well used for potable purposes other than
a public community or noncommunity water supply well.
Techniques and practices devised to manage stormwater runoff
and reduce pollution levels, without extensive construction efforts.
Nonstructural management strategies often mimic the natural hydrology
of a site and utilize site planning and design to accomplish stormwater
control.
Natural Resources Conservation Service of the United States
Department of Agriculture.
A management plan prepared in support of an existing or proposed
major or minor potential contaminant source (PCS), that: a) documents
the specific PCS(s) existing or proposed for a particular site; b)
describes the types and quantities of substances and/or wastes expected
to be used, discharged or stored on the site; c) indicates the means
by which spillage, leakage or discharge of such materials will be
prevented; d) provides the means or methods to be used to contain
or remedy any accidental spill, leak, discharge or migration of such
materials from the site directly or indirectly into groundwater, surface
water bodies, or the land surfaces that provide recharge to the underlying
aquifer; e) indicates the procedures to be undertaken to notify the
appropriate administrative authorities, including but not limited
to the NJDEP and the Board of Health, regarding any accidental spillage
or discharge of such materials; and f) demonstrates that best management
practices have been incorporated into the design and management of
both the site and the particular PCS(s) it contains to ensure against
such discharges.
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
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 article, this terminology shall also be used to refer
to Planning Area lands located solely within the Borough of Chester.
Activity or land use that may be a source of a contaminant
that has the potential to move into groundwater withdrawn from a well.
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).
All of the individual parcels within the area set aside for preservation that must be deed-restricted against further subdivision pursuant to the requirements of § 163-108A(4).
A public water system which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year
round residents.
A well that provides water to a public water system serving
at least 15 service connections used by year-round residents or regularly
serving at least 25 year-round residents.
A public water system that is not a public community water
system and is either a "public nontransient noncommunity water system"
or a "public transient noncommunity water system" as defined herein.
A well that is not a public community well and that provides
water to a public water system regularly serving at least 25 individuals
for at least 60 days in any given calendar year.
A public water system that is not a public community water
system and that regularly serves at least 25 of the same persons for
more than six months in any given calendar year.
A public water system that is not a public community or a
public nontransient noncommunity water system and that serves at least
25 transient individuals for at least 60 days in any given calendar
year.
A system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such
system has at least 15 service connections or regularly serves at
least 25 individuals daily for at least 60 days out of the year. Such
term includes any collection, treatment, storage and distribution
facilities under control of the operator of such system and used primarily
in connection with such system, and any collection or pretreatment
storage facilities not under such control which are used primarily
in connection with such system. A public water system is either a
"public community water system" or a "public noncommunity water system"
as defined herein.
Wildlife species that are not endangered or threatened wildlife
species but are considered by the NJDEP to be species of special concern
as determined by a panel of experts, or that are ranked S1 (critically
imperiled in New Jersey because of extreme rarity), S2 (imperiled
in New Jersey because of rarity), S3 (rare in New Jersey), G1 (critically
imperiled globally), G2 (imperiled globally because of rarity) or
G3 (globally very rare and local throughout its range or found locally
in a restricted range) in the Natural Heritage Database, and Plant
Species of Concern listed pursuant to N.J.A.C. 7:5C-3.1.
The restoration (replanting) of a forest that has been reduced
by fire, cutting, or any other cause.
Development dedicated to the creation of new dwelling units
or the improvement or expansion of existing dwelling units, whether
by new construction or conversion of existing building areas or portions
thereof, to dwelling use, including any type of residential structure
whether a single-family home (including group home), duplex, townhouse,
apartment or any other form of multifamily housing construction. For
purposes of this article, residential development shall include property
improvements associated with, and either required in support of or
customarily accessory to, the residential use, including but not limited
to porches, patios, decks, driveways, garages, storage sheds, swimming
pools, tennis courts, drywells, utility facilities, septic systems,
yard grading and retaining walls.
A site-specific conservation system plan that: 1) prescribes
needed land treatment and related conservation and natural resource
management measures, including forest management practices, for the
conservation, protection, and development of natural resources, the
maintenance and enhancement of agricultural and horticultural productivity,
and the control and prevention of nonpoint source pollution; and 2)
establishes criteria for resources sustainability of soil, water,
air, plants, and animals.
The municipal Planning Board or Zoning Board of Adjustment,
as applicable, established pursuant to N.J.S.A. 40:55D-23 or 40:55D-69
respectively, or any committee formally designated and authorized
to act on behalf of such board pursuant to other provisions of the
MLUL (e.g., Minor Subdivision Committee of a Planning Board). Article
references to "reviewing board" shall mean the Chester Borough Land
Use Board constituted pursuant to N.J.S.A. 40:55D-25.c.(1).
Areas adjacent to and hydrologically interconnected with
Highlands Open Waters rivers and streams consisting of flood-prone
areas, wetlands, soils that are hydric, alluvial, or have a shallow
depth to groundwater, and including wildlife passage corridors within
300 feet of surface Highlands Open Waters features.
Areas delineated by the Highlands Council based on NJDEP
flood-prone and FEMA Q3 flood area mapping (NJDEP 1996, FEMA 1996)
including USGS documented (by prior flood events) and undocumented
flood-prone areas and Federal Emergency Management Agency (FEMA) one-hundred-year
floodplain.
A three-hundred-foot corridor on each mapped stream bank
or from the stream center line if no stream bank is mapped.
Soils associated with Highlands Open Waters that are hydric,
alluvial, or exhibit a shallow depth to seasonal high water table.
A factual update to the Highlands Regional Master Plan based
upon receipt of new, corrected or updated factual information and
verification by the Highlands Council.
State Agriculture Development Committee.
Soil Conservation District, as established in accordance
with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.
Sites and landscapes that are distinctive and remarkable
for their geology, topography, history, culture, and aesthetics or
can be representative of the defining character of a community. They
may include prominent ridgelines, mountainsides or hillsides, panoramic
vistas, community gateways and landmarks, river valleys, and agricultural
landscapes.
The process of deposition of a solid material from a state
of suspension or solution in a fluid (usually air or water).
A system regulated by N.J.A.C. 7:9A for disposal of sanitary
sewage into the ground which is designed and constructed to treat
sanitary sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid effluent to a
disposal field, disposal bed, or disposal trench or trenches. The
term "individual subsurface sewage disposal system" is equivalent
in meaning.
The land area identified in an areawide water quality management
plan from which generated wastewater is designated to flow to a domestic
treatment works or industrial treatment works. A distinct sewer service
area is established for each domestic treatment works and industrial
treatment works.
The ordinary high water mark, or point on the bank or shore
up to which the presence and action of the water is so continuous
as to leave a distinct mark either by erosion, destruction of terrestrial
vegetation, or other easily recognized characteristic.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
An area of land forming an incline; a measure used to describe
the degree of inclination of an area of land; the difference in vertical
elevation ("rise") of a land area occurring over a specified horizontal
distance ("run"). For example, a land area having a one-foot vertical
rise over a ten-foot horizontal run, has a slope of 10%. A ten-foot
vertical rise over a twenty-five-foot horizontal run indicates a slope
of 40%.
All non-Riparian Area lands having a slope of 15% to less
than 20% which are nonforested and exhibit 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.
All non-Riparian Area lands having a slope of 15% to less
than 20%, which are nonforested, 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.
All forested non-Riparian Area lands having a slope of 15%
to less than 20%.
All lands having slopes of 20% or greater and all lands within
Riparian Areas having slopes of 10% and greater.
Any slope having a grade of 15% or more, or, if situated
in a Riparian Area, of 10% or more.
Soil class designated by the United States Department of
Agriculture (USDA) "Soil Survey," available from the Natural Resource
Conservation Service and containing descriptions of soil series on
a county-by-county basis (available online at www.soildatamart.nrcs.usda.gov).
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 (as defined by the Highlands Act, N.J.S.A. 13:20-1 et seq, as
amended).
Wildlife species identified by the NJDEP that warrant special
attention because of evidence of population decline or inherent vulnerability
to environmental deterioration or habitat modification that would
result in the species becoming threatened if conditions surrounding
the species begin or continue to deteriorate. The term includes species
for which there is little knowledge of current population status in
the state.
NJDEP rules at N.J.A.C. 7:8 that set forth the required components
of regional and municipal stormwater management plans, and establish
the stormwater management design and performance standards for new
(proposed) development.
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.
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in underlying, soluble bedrock.
Any waters of the State of New Jersey which are not groundwater.
An integrated system of plant and animal production practices
having a site-specific application that will over the long-term: a)
satisfy human food and fiber needs; b) enhance environmental quality
and the natural resource base upon which the agricultural economy
depends; c) make the most efficient use of nonrenewable resources
and on-farm resources and integrate, where appropriate, natural biological
cycles, and controls; d) sustain the economic viability of farm operations;
and e) enhance the quality of life for farmers and society as a whole
(1990 Farm Bill).
Professionals from outside of the United States Department
of Agriculture that are certified by the NRCS to assist agricultural
producers in applying conservation measures.
An indigenous nongame wildlife species of New Jersey designated
pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A.
23:2A-13 et seq., and its implementing rules, N.J.A.C. 7:25-4.17,
as most recently amended.
The average time that a volume of water will take to travel
through the zone of saturation from a given point to a pumping well.
The pollutant loading that a surface water body may assimilate
without violating NJDEP Surface Water Quality Standards (N.J.A.C.
7:9B) and a determination of the extent to which pollutant loadings
to a water body must be reduced to restore that water body to a water
quality that complies with the Surface Water Quality Standards. A
TMDL includes an allocation of allowable pollutant loads to specific
point sources (wasteload allocations) and categories of nonpoint sources
(load allocations), after subtraction of a margin of safety and, where
appropriate, a reserve capacity (for future pollutant loads).
An area of land, water or other physical features visible
from a fixed vantage point.
A publicly, privately, or investor-owned utility that collects
and may treat sanitary wastewater, as regulated by the NJDEP.
The amount of water availability allowed in a deficit HUC14
subwatershed, subject to certain mitigation requirements, as determined
by the Highlands Council.
The value assigned by the Highlands Council to a HUC14 subwatershed
resulting from subtracting consumptive and depletive surface and groundwater
uses from groundwater availability.
Implementation of BMPs to ensure maximum water use efficiency
and reduction in water use and losses; measures may include low-impact
development techniques, water conserving fixtures, water valves, beneficial
reuse systems and capture of stormwater.
Any use or activity that cannot physically function without
direct access to the body of water along which it is proposed. An
activity that can function on a site not adjacent to the water is
not considered water dependent regardless of the economic advantages
that may be gained from a waterfront location.
A plan prepared pursuant to Sections 208 and 303 of the Federal
Clean Water Act, 33 U.S.C. § 1251 et seq., (33 U.S.C. §§ 1288
et seq. and 1313 respectively) and the Water Quality Planning Act,
N.J.S.A. 58:11A-1 et seq., including the Statewide WQMP, or Areawide
or County WQMP as defined under N.J.A.C. 7:15.
A planning document approved by the Highlands Council to
ensure the sound use and management of water resources. Water use
and conservation management plans document the current state of water
availability and use in the subwatersheds of interest, set priorities
for the use and protection of available water, and establish methods
to reduce and, where feasible, eliminate net water availability deficits
where they exist.
The well, borehole, and appurtenant equipment for a public
community well, public noncommunity well, or nonpublic well within
a cluster of nonpublic wells.
Wellhead Protection Area.
A layer within or below the soil profile which is saturated
with groundwater either seasonally or throughout the year.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to
this chapter.
[4]
Editor's Note: Appendix C is included as an attachment to
this chapter.
A.Â
HIGHLANDS PRESERVATION AREA AND PLANNING AREA. 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. Chester Borough lies fully within the
Highlands Planning Area.
(1)Â
Highlands Planning Area. The Chester Borough Master Plan incorporates
the Highlands Planning Area, inclusive of the goals applicable to
it, as an integral component of the planning and land use policies
of the municipality.
(2)Â
Planning Area adopted. The Planning Area, to the full extent
of its limits within the Borough of Chester (being the entirety of
the municipality) is herewith adopted and established as an overlay
to municipal zoning.
(3)Â
Highlands Center adopted. In accordance with NJ Highlands Council
Resolution No. 2020-03, adopted January 16, 2020, and the provisions
of the Highlands RMP, Chester Borough is a designated Highlands Center.
[Added 11-5-2020 by Ord.
No. 2020-13]
(a)Â
Boundary summary: Chester Borough is 100% Planning Area. The entirety of the Borough is contained within Chester Borough Highlands Center and depicted on the Zoning Map of the Borough of Chester, dated October 2020, which is on file in the office of the Borough Clerk in accordance with § 163-68A.
[1]Â
Throughout the Chester Highlands Center, the policies applicable
to the Existing Community Zone, as depicted on the Highlands RMP Land
Use Capability Map (LUCM) shall apply throughout Chester Borough except
to the extent areas in the Borough are designated Highlands Environmental
Resource Zone (HERZ) as further described below.
(b)Â
HERZ - Highlands Environmental Resource Zone(s). Within the
Chester Borough Highland Center, 308 acres are designated Highlands
Environmental Resource Zones (HERZ), as depicted on the Zoning Map
of the Borough of Chester, dated October 2020, which is on file in
the office of the Borough Clerk.
[1]Â
The Highlands Environmental Resource Zone (HERZ) is a designated
land area within the Chester Borough Highlands Center that contains
environmentally sensitive resources. The HERZ replaces the Highlands
Land Use Capability Map (LUCM) "Protection Zone" designations in Chester
Borough.
[2]Â
The delineation of the HERZ recognizes that a designated center,
while generally suitable for future development and redevelopment,
may contain areas of sensitive resources that may require additional
protections. The Protection Zone policies identified herein below
in this article are applicable within the HERZ.
[3]Â
In Chester Borough, each HERZ is identified according to its
features and is afforded appropriate planning and management as part
of the comprehensive center planning.
[a]Â
Within the HERZ, existing developed land uses in
Chester Borough that are dependent upon individual on-site subsurface
disposal systems (septic systems) shall be eligible for connection
to the Borough's centralized wastewater collection and treatment system
when capacity within those facilities becomes available. Such connections
shall be consistent with the use and intensity of development on individual
lots dependent upon individual on- site wastewater treatment systems
in existence as of January 16, 2020.
B.Â
HIGHLANDS ZONES AND SUB-ZONES. 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
Borough of Chester Master Plan incorporates the Highlands zones and
sub-zones as an integral component of the planning and land use policies
of the municipality. In keeping with the Land Use Plan of the Chester
Borough Master Plan, the following Highlands zones and sub-zones are
herewith established as overlays to existing municipal zoning:
(1)Â
Protection Zone. The Protection Zone contains the highest quality
natural resource value lands of the Highlands Region. 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.
(2)Â
Conservation Zone. The Conservation Zone consists of areas with
significant agricultural lands interspersed with associated woodlands
and environmental features that should be preserved when possible.
The Conservation Zone is intended primarily for agricultural use and
development, including ancillary and supporting uses and activities.
Nonagricultural development activities will be limited in area and
intensity due to infrastructure constraints and resource protection
goals. Where nonagricultural development does occur it must be compatible
with agricultural uses.
(3)Â
Conservation Zone - Environmentally Constrained Sub-Zone. The
Conservation Zone-Environmentally Constrained Sub-Zone consists of
lands containing significant environmental features within the Conservation
Zone that should be preserved and protected from nonagricultural development.
Development activities will be limited and subject to stringent limitations
on consumptive and depletive water use, degradation of water quality,
and impacts to environmentally sensitive lands.
(4)Â
Existing Community Zone. 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.
(5)Â
Existing Community Zone-Environmentally Constrained Sub-Zone.
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.
C.Â
HIGHLANDS RESOURCE AND SPECIAL PROTECTION AREAS. 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 Borough of Chester Master Plan incorporates each
of these areas to the extent of their physical limits within the municipality,
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 Borough of Chester Master
Plan, the following Highlands Resource Areas and Special Protection
Areas are herewith established as overlays to municipal zoning:
(1)Â
Forest Resource Area. 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.
(2)Â
Highlands Open Waters. 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 Borough of Chester Environmental
Resource Inventory.
(3)Â
Riparian Areas. 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 groundwater. Riparian Areas also include
wildlife passage corridors within 300 feet of surface Highlands Open
Waters features.
(4)Â
Steep Slope Protection Area. The Steep Slope Protection Area
is comprised of those portions of the municipality 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
subclassifications:
(a)Â
Severely Constrained Slopes. All lands having slopes of 20%
or greater and lands within Riparian Areas having slopes of 10% and
greater.
(b)Â
Moderately Constrained Slopes. All forested non-Riparian Area
lands having a slope of 15% to less than 20%.
(c)Â
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)Â
Limited Constrained Slopes. All nonforested, 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.
(5)Â
Critical Habitat. Critical Habitat is comprised of all land
areas designated as Critical Wildlife Habitat, Significant Natural
Areas, and Vernal Pools, including Vernal Pool buffers. Chester Borough
contains only the first of these, Critical Wildlife Habitat, which
is established as an overlay to municipal zoning. Critical Wildlife
Habitat consists of those areas within NJDEP's Landscape Project Version
3 (or more recent version as amended) that are Landscape Rank 3 through
5. In addition, it includes areas that are designated Landscape Rank
2 and have a Highlands Conservation Rank of Critically Significant
or Significant.
(6)Â
Prime Groundwater Recharge Areas. Prime Groundwater 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.
(7)Â
Wellhead Protection Areas. 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)Â
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)Â
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)Â
Wellhead Protection Area Tier 3: that area of land within a
WHPA from which the flow of groundwater to the well has a time of
travel of 12 years.
(8)Â
Agricultural Resource Area. The Agricultural Resource Area consists
of those areas of the most concentrated and contiguous agricultural
uses as determined based on the prevalence of active farms, contiguous
farming units of 250 acres or more, and the presence of important
farmland soils.
(9)Â
Highlands Historic, Cultural and Archaeological Resources. Highlands
Historic, Cultural and Archaeological Resources consist of those properties,
sites and districts listed in the Highlands Historic, Cultural and
Archaeological Resources Inventory. These include but are not limited
to: all properties listed on the New Jersey or National Register of
Historic Places; and all properties which have been deemed eligible
for listing on the New Jersey or National Register of Historic Places;
and all properties for which a formal opinion of the State Historic
Preservation Office (SHPO) has been issued.
D.Â
ADOPTION OF HIGHLANDS DISTRICT MAPS. All Highlands districts as set forth under § 163-104A through C, above, including the Planning Area (encompassing the whole of the municipality), 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 Land Use Ordinance:
(1)Â
Borough of Chester Highlands Planning Area, zones, and sub-zones:
map entitled "Chester Borough Highlands Planning Area, Highlands Zones
and Sub-Zones," dated May 25, 2016, depicting the Borough's Highlands
Planning Area (whole of municipality) with delineation of Highlands
zones and sub-zones, as provided by the Highlands Council (Exhibit
1[1]).
[1]
Editor's Note: Exhibit 1 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(2)Â
Highlands Resource and Special Protection Areas: series of maps depicting the Resource and Special Protection Areas listed at § 163-104C(1) through (9) above, and also including related features and areas as discussed and defined in § 163-106 of this article; dated May 25, 2016 (unless otherwise specifically noted), as provided by the Highlands Council.
(a)Â
Forest Resource Area, Total Forest Area: map depicting that portion of the Borough's Highlands Area designated as Forest Resource Area [pursuant to § 163-104C(1) above] and identifying Total Forest Area (as defined at § 163-106A); map denoted Exhibit 2.[2]
[2]
Editor's Note: Exhibit 2 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(b)Â
Highlands Open Waters: map depicting Highlands Open Waters located wholly or partially within the Borough Highlands Area [pursuant to § 163-104C(2) above]; map denoted Exhibit 3.[3]
[3]
Editor's Note: Exhibit 3 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(c)Â
Riparian Area: map depicting Riparian Areas [pursuant to § 163-104C(3) above] located within the Borough; map denoted Exhibit 4.[4]
[4]
Editor's Note: Exhibit 4 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(d)Â
Steep Slope Protection Area: map depicting those portions of the Borough having 5,000 square feet or more of contiguous surface area in steep slopes [pursuant to § 163-104C(4) above]; map denoted Exhibit 5.[5]
[5]
Editor's Note: Exhibit 5 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(e)Â
Critical Wildlife Habitat: map depicting those portions of the Borough designated as Critical Wildlife Habitat [pursuant to § 163-104C(5) above]; map denoted Exhibit 6.[6]
[6]
Editor's Note: Exhibit 6 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(f)Â
Prime Groundwater Recharge Area, Wellhead Protection Areas: map depicting those portions of the Borough designated as Prime Groundwater Recharge Areas [pursuant to § 163-104C(6) above]; and the location of public water system wells within the Borough and the associated wellhead protection tiers surrounding them (pursuant to § 163-104C(7) above); map denoted Exhibit 7.[7]
[7]
Editor's Note: Exhibit 7 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(g)Â
Agricultural Resource Area: map depicting those lands of the Borough designated as Agricultural Resource Area [pursuant to § 163-104C(8) above]; map denoted Exhibit 8.[8]
[8]
Editor's Note: Exhibit 8 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(h)Â
Highlands Historic, Cultural and Archaeological Resources: map depicting properties located within the Borough that are listed in the Highlands Historic, Cultural, and Archaeological Resources Inventory [pursuant to § 163-104C(9) above]; map denoted Exhibit 9.[9]
[9]
Editor's Note: Exhibit 9 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
E.Â
INTERPRETATION OF DISTRICT MAPS BOUNDARY LINES. All Highlands district maps, as set forth at § 163-104D 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 all Highlands district maps and the boundary lines they specify.
(1)Â
Municipal boundary lines. 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.
(2)Â
Highlands zones, sub-zones, Resource Areas, Special Protection
Areas. 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 Chester Borough
Environmental Resource Inventory and in the Highlands Element of the
Chester Borough Master Plan.
(3)Â
Mapping conflicts. 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 article. 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.
A.Â
APPLICABILITY. The provisions of this article modify the regulations
applicable to the underlying municipal zoning districts, with specific
regard to permitted uses, conditionally permitted uses, prohibited
uses, and densities and intensities of development.
B.Â
USE REGULATIONS. All principal and accessory uses permitted or conditionally
permitted by the underlying municipal Zoning Ordinance shall remain
in effect as provided therein, except to the extent that such uses
may be modified or eliminated by the provisions of this section. Any
and all principal and accessory uses prohibited by the underlying
Zoning Ordinance shall remain prohibited as provided therein, unless
specifically designated as a permitted use by the provisions of this
section. The lists of permitted, conditionally permitted and prohibited
uses of the underlying Zoning Ordinance are herewith amended as necessary
to provide for the use allowances and use restrictions that follow.
(1)Â
Permitted uses. The permitted uses applicable to that portion of any municipal zoning district overlain by the Highlands district classifications listed below shall be modified in accordance with the provisions that follow. In addition, any use permitted by the underlying zoning that is cited at Subsection B(2) or (3) below shall be amended in accordance with the provisions set forth therein.
(a)Â
Agricultural Resource Area.
[1]Â
With the exception of any forested portion of the Agricultural Resource Area that is also designated as a Forest Resource Area, permitted principal uses shall be supplemented to include the agricultural and horticultural uses (defined at § 163-103B) specified at § 163-106H(3), below. Accessory uses permitted in conjunction with these uses shall include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses.
[2]Â
The permitted principal residential use for any underlying municipal zoning district which permits single-family residential development as a principal use shall be restricted solely to residential cluster development in accordance with the residential cluster development standards as set forth at § 163-108A, below. This provision shall apply only if the minimum threshold requirements for residential cluster development pursuant to § 163-108A(6) can be satisfied. Where the minimum threshold requirements of § 163-108A(6) cannot be satisfied, permitted principal residential uses shall remain as permitted by the underlying municipal zoning ordinance.
[3]Â
Permitted principal uses shall include the continuance of any
lawfully existing residential use permitted by the underlying municipal
Zoning Ordinance as of the effective date of this article.
(2)Â
Conditional uses. Any use conditionally permitted by the underlying zoning that is cited at § 163-105B(1) above or § 163-105B(3) below shall be amended in accordance with the provisions set forth therein.
(3)Â
Prohibited uses.
(a)Â
Prime Groundwater Recharge Area, Wellhead Protection Area. The
following principal or accessory uses and structures related or devoted
to such uses, where otherwise permitted by the underlying municipal
Zoning Ordinance, are expressly prohibited from the Prime Groundwater
Recharge Area and from Wellhead Protection Area Tiers 1 and 2:
[1]Â
Landfills;
[2]Â
Facilities for the permanent storage or disposal of hazardous
wastes, industrial or municipal sludge or radioactive materials, including
solid waste landfills;
[3]Â
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials;
and
[4]Â
Industrial treatment facility lagoons.
(b)Â
Wellhead Protection Area, Tier 1. Any principal or accessory
use, or structure related or devoted to such use, which is designated
by the Highlands Council as a major or minor potential contaminant
source (PCS) (see Appendix B and Appendix C[1]), where otherwise permitted by the municipal ordinance,
is expressly prohibited from that portion of any Tier 1 Wellhead Protection
Area lying within 200 feet of the wellhead.
[1]
Editor's Note: Appendix B and Appendix C are included as attachments
to this chapter.
C.Â
DENSITY AND INTENSITY OF DEVELOPMENT. The provisions of this section
are intended to ensure that development occurs at densities and intensities
that are appropriate to the water supply and wastewater treatment
options available to support it. These provisions shall serve as a
check on the various density/intensity provisions of the underlying
Zoning Ordinance, which shall remain in effect to the extent not specifically
in conflict with these provisions. The density/intensity allowances
of the underlying Zoning Ordinance provisions reflect the intents
and purposes set forth for the municipal zoning districts as established
by the Borough of Chester Master Plan and the effectuating Zoning
Ordinances. They define and support the intended character and patterns
of development for each district, setting forth the relationship between
built form in a district and the lot or lots on which it is situated.
The provisions of this section relate solely to ensuring that such
development: a) does not exceed the capacity of the land, resources
and infrastructure available to support it; and b) is designed to
minimize land disturbance and protect natural resources.
(1)Â
Use of terms. For purposes of these provisions, density of development
standards refer to requirements of the underlying Zoning Ordinance
that regulate the permitted number of dwelling units per acre of land,
whether specifically defined as density standards or set forth as
minimum lot size requirements for application to specific zoning districts.
Intensity of development standards refer to those requirements used
to define the relationship between the permitted extent, form and
location of development of a lot, to the size, shape and configuration
of the lot on which it is situated (e.g., floor area ratio, building
coverage, building height, yard setbacks, number of stories).
(2)Â
Base mapping. Base maps regarding water availability and wastewater
treatment capacity appear in the technical information provided in
the conservation and utility services plans of the Borough of Chester
Master Plan Highlands Element. These maps are combined into one for
purposes of this article, denoted as Exhibit 10[2] and herewith adopted and incorporated, as titled: "Net
Water Availability by HUC14 Subwatershed, Highlands Domestic Sewerage
Facilities, Public Community Water Systems."
[2]
Editor's Note: Exhibit 10 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Development subject to water availability. Any proposed increase in the demand for water supply averaging 6,000 gallons per day or more, deriving from groundwater sources or from surface water sources that are not associated with a NJDEP-approved safe yield, shall be accompanied by a finding of sufficient water capacity, which finding shall be issued by the Highlands Council. This provision shall apply to all development as defined at § 163-103B, expressly including changes in use and modifications to existing uses. Specific requirements pertinent to new development reliant upon groundwater supplies may be found at § 163-106E. For purposes of determining net increases in water demand associated with modifications to existing uses pursuant to these requirements, the following unit/square footage figures shall apply as four-hundred-gallon-per-day equivalents:
(4)Â
Development served by septic systems. Development proposals
involving new or increased demand for septic system capacity shall
be regulated in accordance with this subsection. These provisions
shall override any density, intensity, bulk, or other standard of
the underlying Zoning Ordinance that would otherwise permit a septic
system density or use of septic system yield in excess of that as
provided herein. These provisions shall apply equally in the case
of any agricultural or horticultural development application proposing
three or more residential dwelling units (including accessory dwelling
units) served by individual on-site septic system(s). Nothing herein
shall be deemed to apply to the replacement or repair of an existing
septic system, however.
(a)Â
Septic system density allowances. Septic system density (gross
acres per septic system) shall not exceed the following Highlands
Council allowances, for each Highlands zone and sub-zone:
(b)Â
These allowances indicate the minimum acreage required per septic
system, where that system is designed for a one-family household generating
a maximum flow of 300 gallons of wastewater per day. The resulting
acreage shall be applied as the minimum average acreage necessary
to support every 300 gallons of daily wastewater flow generated by
any proposed use where the unit/square footage figures below shall
be applied as three-hundred-gallon-per-day equivalents.
(c)Â
Equivalent yields. The following unit/square footage figures
shall be applied as three-hundred-gallon-per-day equivalents:
[1]Â
Residential uses (all types, except as provided below): one
dwelling unit.
[2]Â
Deed-restricted senior citizen residential units, or mobile
home parks with dwelling units less than 500 square feet in size:
1.5 dwelling units.
[3]Â
Office and commercial uses: 2,400 square feet of floor area.
[4]Â
Industrial (including warehousing/distribution) uses: 18,182
square feet of floor area (excluding process wastewater flow).
[5]Â
Specific nonresidential uses by facility type. In lieu of Subsection C(4)(c)[3] or [4], above, three-hundred-gallon-per-day equivalents may be computed based on the average sewage volumes provided in Appendix E, from N.J.A.C. 7:9A-7.4.
(d)Â
Floor area. For the purposes of this subsection, floor area
shall comprise the area of each floor of a building lying within the
inside perimeter of its exterior walls excluding vent shafts, courts,
and unfinished areas such as basements or attics having ceiling heights
less than that required for habitable space under the building code.
(e)Â
Additional septic system requirements. In addition to the requirements
above, individual subsurface sewage disposal systems or equivalent
disposal units shall satisfy all standards for design, installation,
and maintenance as set forth in any applicable Borough of Chester
health ordinance and any related and applicable regulatory requirements
of other agencies having jurisdiction.
(5)Â
Development served by existing or extended utility infrastructure.
Where lots proposed for development are served by existing public
water and wastewater utility infrastructure having sufficient available
capacity, the density and intensity of new development shall be consistent
with all requirements of the underlying municipal Zoning Ordinance.
For purposes of this provision, "existing" water and wastewater utility
infrastructure refers to that, either: a) lawfully constructed and
operational; or b) approved for construction in an Existing Community
Zone (excluding the Constrained Sub-Zone) under an areawide water
quality management plan.
(6)Â
New or extended utility infrastructure.
(a)Â
Protection Zone, Conservation Zone, and Environmentally Constrained
Sub-Zones. New, expanded or extended public water systems, wastewater
collection and treatment systems, and community on-site treatment
facilities are permitted only where approved by the Highlands Council.
(b)Â
Existing Community Zone (excluding Environmentally Constrained Sub-Zone). Expansion or creation of public water systems, wastewater collection and treatment systems, and community on-site treatment facilities are permitted: to serve lands which are appropriate for designated TDR receiving zones, infill development, or redevelopment; to address public health and safety; or to serve new areas for development; all of which address all other requirements of this article. (See applicable provisions at § 163-107F to G, below.)
(7)Â
Development served by new or extended utilities. Where new development
proposed in the Highlands Area will not rely upon installation of
septic systems, but will be served by new or extended public water
systems, wastewater collection and treatment systems, or community
on-site treatment facilities, such development shall be in compliance
with any conditions of approval required by the Highlands Council
or the NJDEP, as applicable, in connection with amendment of the Areawide
Water Quality Management Plan.
A.Â
FOREST RESOURCES.
(1)Â
Findings. Forests are a defining visual and functional feature
of the Highlands Region. Forests provide habitat and sustenance for
a diverse array of plants and animals and are essential to maintaining
biodiversity. Forests protect against soil erosion, provide filtration
for groundwater recharge, and assist in protecting stream water quality.
Forests retain moisture and sequester atmospheric carbon, thus helping
to stabilize weather patterns and mitigate global warming. Forested
areas of the municipality offer important recreational resources,
contribute to its unique scenic quality, and when managed sustainably,
can provide a long-term source of wood and wood products.
(2)Â
Total Forest Area. All portions of the municipality identified by the Highlands Council as containing forest (as defined at § 163-103B) appear as Total Forest Area in the map titled "Forest Resource Area, Total Forest Area," (Exhibit 2[1]), adopted and incorporated as a component of this article pursuant to § 163-104D, above. The Total Forest Area includes forested portions of lands designated as Forest Resource Area, as provided at § 163-104C(1), above.
[1]
Editor's Note: Exhibit 2 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Clear-cutting prohibited. Clear-cutting is prohibited in any
forested portion of the municipality, whether the affected lands are
delineated as Total Forest Area or Forest Resource Area, or consist
of lands containing upland forest, as determined under the procedures
provided at Appendix A.[2]
[2]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(4)Â
Standards. Disturbance (as defined at § 163-103B) of any forested portion of the municipality shall be permitted only upon a finding by the reviewing board or other applicable municipal authority that the following requirements have been satisfactorily addressed:
(a)Â
Demonstration that the proposed disturbance can neither be avoided
nor reduced in extent, while adequately providing for a proposed use
that otherwise addresses the requirements of this article;
(b)Â
Incorporation of low-impact development techniques (see § 163-107B) appropriate to the activity or development project proposed;
(c)Â
For any proposed disturbance of 1/2 acre or more, other than
that associated with the maintenance of a legally preexisting use
or structure (expressly excluding the expansion of any such use or
structure), submission, approval and implementation of a forest mitigation
plan designed to minimize the extent of such disturbance, protect
forest areas adjacent or proximate to the disturbance area, and mitigate
for loss of trees or other forest vegetation removed during the course
of such disturbance; and
(d)Â
Notwithstanding the preceding provisions, in the case of any
proposed disturbance that by definition constitutes deforestation,
submission, approval and implementation of a forest mitigation plan
designed to minimize the extent of deforestation, protect forest areas
to remain, and restore or mitigate for forest area loss.
(5)Â
Forest impact reports required. Any application proposing a disturbance requiring a forest mitigation plan pursuant to § 163-106A(4) above shall be accompanied by a forest impact report containing at minimum, the items listed in this subsection.
(a)Â
All forest impact reports.
[1]Â
A map of upland forest area located on or within 500 feet of
the subject property, as determined in accordance with Appendix A.[3] A map indicating any on-site areas designated as Forest
Resource Area or Total Forest (Exhibit 2[4]). Where access is not available to adjacent properties,
the municipal Environmental Resource Inventory and any updated Highlands
Council GIS data delineating the Forest Resource Area and Total Forest
may be relied upon for off-site forest identification.
[3]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[4]
Editor's Note: Exhibit 2 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
[2]Â
A description of the nature, density and intensity of the proposed
use or activity.
[3]Â
A plan indicating the extent of the forest disturbance area,
identifying the number, location, species and, for trees of greater
than six inches in caliper (measured at 4.5 feet above grade level),
the caliper of any trees proposed for removal.
[4]Â
A description of the site alternatives analysis undertaken to,
in this order: a) avoid forest disturbance; b) minimize forest disturbance;
and c) ensure that any forest disturbance that cannot be avoided results
in the least impact.
[5]Â
A description of the low-impact development practices to be
used to minimize the disturbance area and its impact; design details
to be indicated in development plans, if applicable.
[6]Â
If the applicant proposes site-specific forest information that
differs from mapped forest resources in Exhibit 2,[5] including information based on the method in Appendix
A,[6] it must be provided in a format and with sufficient information
that the findings may be submitted for verification by the Highlands
Council as an RMP update.
[5]
Editor's Note: Exhibit 2 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
[6]
Editor's Note: Appendix A is included as an attachment to
this chapter.
[7]Â
An analysis of the effects (direct and indirect) of the proposed
use or activity upon forests, including forest areas adjacent and
proximate to the disturbance area.
(b)Â
Deforestation impact reports. In addition to the items required above for all forest impact reports, any application proposing disturbance that, by definition (see § 163-103B), constitutes deforestation, shall include:
[1]Â
A description of the area surrounding the subject property within
a one-half-mile radius.
[2]Â
A map of all forest resources, as described in the Environmental
Resources Inventory, within a one-half-mile radius of the property,
including any areas designated as Forest Resource Area or Total Forest
(Exhibit 2[7]). Highlands Council interactive website mappings may be
utilized to address this requirement in the event the affected land
area extends into adjoining municipalities.
[7]
Editor's Note: Exhibit 2 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
[3]Â
A field survey and description of the local ecological community
type(s) on the site and a description of the surrounding, macroscale
ecological community type(s) of which the property is part.
[4]Â
An inventory of forest community composition and stand structure.
The inventory shall include a description of vegetation species richness,
vegetation species composition, stand density and basal area, connectivity
with surround forested lands, and the survey method.
[5]Â
An impact analysis documenting and describing any increase in
forest fragmentation, creation of forest edge, disruption of forest
area on steep slopes or riparian areas, or disruption of core forest
areas that will occur as a result of the proposed use or activity.
(6)Â
Forest mitigation plans. All forest mitigation plans must be
prepared by a State of New Jersey approved forester or other qualified
professional. A forest mitigation plan must include each of the components
listed herein.
(a)Â
Mitigation priority area map: priority areas are forested locations
within the site having the highest ecological value to be targeted
for conservation, restoration, or mitigation, including such areas
as:
(b)Â
Protection plan: a plan providing the proposed methodology appropriate
to and by which the applicable mitigation priority areas will be protected
throughout the period of forest disturbance and thereafter.
(c)Â
Forest protection plan: a plan incorporating preconstruction
and construction best management practices to ensure the well-being
of forest areas adjacent or proximate to the disturbance area. Such
plans shall include prescribed limits of disturbance to be mapped,
field marked, and provided with protective fencing prior to the start
of any construction activity. Plans shall indicate installation of
tree protection fencing along the dripline of trees to be protected,
with instructions barring encroachment by machinery or heavy equipment
of any kind, and requiring regular inspection and maintenance of fencing
throughout the construction period.
(d)Â
Mitigation description: a description of the proposed forest
restoration, tree planting plan or other mitigation initiative proposed
to provide equivalent or enhanced forest ecosystem benefit in consideration
of the extent and type of disturbance or deforestation that would
result if the use or activity is approved.
(e)Â
Planting plan: a detailed plan indicating the specific plantings
proposed for restoration, reforestation or mitigation, including size,
species, quantity, location, separation distances, planting details,
deer and pest management protections, and maintenance plans.
(f)Â
Maintenance agreement: a minimum three-year maintenance agreement
that outlines caretaking responsibilities of the applicant once the
proposed planting has been completed. The maintenance agreement must
include monitoring of newly planted stands, provide for protection
devices in working order for three years, and ensure at least a 75%
survival rate after three years.
B.Â
HIGHLANDS OPEN WATERS AND RIPARIAN RESOURCES.
(1)Â
Findings.
(a)Â
Highlands Open Waters (Exhibit 3[8]) include all springs, streams (including intermittent
streams), wetlands and bodies of surface water, whether natural or
artificial (excluding swimming pools), located wholly or partially
within the municipality. Highlands Open Waters contribute to the water
resources of the Highlands Region, and ultimately to the water supply
of millions of New Jersey citizens. They are essential to the ecologic
function of the plant and animal communities that depend upon them
for survival. Highlands Open Waters are also an important physical
feature of the Borough of Chester, contributing to its character,
aesthetics, history and development, and to its recreational opportunities.
[8]
Editor's Note: Exhibit 3 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(b)Â
Protection of Highlands Open Waters is vital not only to the
municipality, but to the Highlands Region and the State of New Jersey.
The provision or preservation/enhancement of buffer areas adjacent
to Highlands Open Waters is an integral component to ensuring such
protection. Key functional values that buffers provide or contribute
to include but are not limited to: habitat for flora and fauna, stormwater
and floodwater retention and filtration, water quality protection,
temperature moderation, aquatic ecosystem integrity and channel integrity.
Highlands Riparian Areas (Exhibit 4[9]) are lands associated with and bordering on Highlands
Open Waters, often extending beyond Highlands Open Water buffers.
These lands are likewise essential to providing critical hydrologic,
ecologic and pollutant attenuation functions for Highlands Open Waters.
Riparian areas moderate fluctuations in water temperature, help maintain
groundwater recharge and stream base flow, stabilize stream banks,
and provide flood storage areas. During high flow or overland runoff
events, riparian areas reduce erosion and sediment loads to surface
water and remove excess nutrients and contaminants from floodwater.
Riparian areas also provide habitat for a variety of animal species
and support terrestrial and aquatic food webs through deposition of
woody debris.
[9]
Editor's Note: Exhibit 4 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(c)Â
It is in the interest of the local community, the Highlands
Region, and the State of New Jersey that the Highlands Open Waters
of the Borough of Chester, including associated buffers and Riparian
Areas, receive the highest level of protection possible. The map of
Highlands Riparian Areas (Exhibit 4[10]) includes all Highlands Open Waters and associated flood-prone
areas, riparian soils and wildlife corridors.
[10]
Editor's Note: Exhibit 4 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(2)Â
Highlands Open Waters protection buffer. All Highlands Open
Waters shall include a minimum three-hundred-foot-wide protection
buffer, as measured from the edge of the discernible bank of the Highlands
Open Waters feature, or from the center line where no discernible
bank exists. These buffers are included in the map of Highlands Open
Waters with respect to streams, rivers, ponds, lakes and reservoirs.
With respect to wetlands and other Highlands Open Waters features
not mapped in Exhibit 3[11] (e.g., seeps, springs), each shall include a three-hundred-foot-wide
protection buffer measured from a delineated wetlands line described
in a letter of interpretation (LOI), or from a field-delineated boundary
line for other features.
[11]
Editor's Note: Exhibit 3 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Highlands Open Waters buffer standards. Highlands Open Waters
buffers shall be maintained in their undisturbed or preexisting condition,
unless a disturbance is approved in accordance with the provisions
of this section.
(a)Â
Preexisting structures or improvements. Any lawfully preexisting
structure or improvement located within a Highlands Open Waters protection
buffer area as of the effective date of this article may remain and
be maintained or rehabilitated, provided that the existing area of
disturbance attributed to or associated with such structure or improvement
shall not be increased.
(b)Â
Agricultural and horticultural land uses. For purposes of this
section, existing agricultural and horticultural uses, whether or
not under active management or operation, shall not be included in
any assessment of "previously disturbed" buffer areas with regard
to proposals for nonagricultural development.
(c)Â
Approvals subject to outside agency approvals. Approval of any
application involving the disturbance of a Highlands Open Waters buffer
pursuant to this section shall not be construed to relieve the applicant
from the applicable rules, regulations or legal requirements of any
other agency having jurisdiction over such buffers, including but
not limited to: the NJDEP (e.g., Freshwater Wetland Rules, N.J.A.C.
7:7, Stormwater Management Rules, N.J.A.C. 7:8, Flood Hazard Area
Rules, N.J.A.C. 7:13, NJPDES Rules, N.J.A.C. 7:14A); a Soil Conservation
District pursuant to its authority under New Jersey Soil Erosion and
Sediment Control Act Rules, N.J.A.C. 2:90; or any county or other
regional entity having authority pursuant to a regional stormwater
plan adopted by NJDEP under N.J.A.C. 7:8 and N.J.A.C. 7:15.
(d)Â
Municipal stormwater management requirements. Where the provisions
of this section are in conflict with the provisions of an adopted
municipal stormwater management ordinance, the more restrictive of
the two shall apply.
(e)Â
Stream corridor protection/restoration plan. Where the provisions
of this section are in conflict with the provisions of an adopted
stream corridor protection/restoration plan, the provisions of the
adopted plan shall override.
(f)Â
Protection buffer expansion. The provisions of this section
shall not be construed to preclude the imposition of a wider protection
buffer requirement where site-specific analysis and evaluation by
a qualified professional indicates that such expansion is essential
to the protection of Highlands Open Waters, associated Riparian Areas,
or the habitat of water or wetlands-dependent species (particularly
in the case of rare, threatened or endangered species) located therein.
(g)Â
Disturbance limitations. Disturbance is prohibited within all
Highlands Open Waters and adjacent three-hundred-foot buffers except
for linear development, which shall be permitted only provided that
there is no feasible alternative for the linear development outside
the Highlands Open Waters or Highlands Open Water buffer. The provisions
of this subsection shall apply until and unless overridden by ordinance
provisions adopted pursuant to a Highlands Council-approved stream
corridor protection and mitigation plan.
[1]Â
To address the "no feasible alternative for linear development"
standard, the applicant shall demonstrate that there is no other location,
design or configuration for the proposed linear development that would
reduce or eliminate the disturbance. For proposed linear development
that would provide access to an otherwise developable lot, the applicant
shall, in addition, show that:
[2]Â
An alternative shall not be excluded from consideration under
this subsection merely because it includes or requires an area not
owned by the applicant that could reasonably be obtained, utilized,
expanded or managed in order to fulfill the basic purpose of the proposed
linear development.
[3]Â
The reviewing municipal authority shall not approve any application
pursuant to this subsection if, after review of the information provided
to support an approval, it finds that there is a reasonable alternative
to the proposed linear development.
(4)Â
Riparian Area standards. Disturbance of any portion of a Highlands Riparian Area is prohibited except for linear development, which shall be permitted only provided that there is no feasible alternative for the linear development outside of the Riparian Area. All provisions of § 163-106B(3)(g) above shall apply with regard to the "no feasible alternative" standard. These provisions shall apply until and unless Riparian Area disturbances are otherwise authorized under implementing ordinance provisions adopted pursuant to a Highlands Council-approved Stream Corridor Protection and Mitigation Plan.
C.Â
STEEP SLOPES.
(1)Â
Findings.
(a)Â
Disturbance of steep slopes can trigger soil erosion and sedimentation,
resulting in the loss of topsoil. Steep slope disturbance can contribute
to siltation of wetlands, lakes, ponds and streams, which damages
and degrades wetland and aquatic habitats. Steep slope disturbance
can also result in alteration of drainage patterns, which when severe,
can result in land slumping and landslides. Protection of steep slope
areas is essential to the safety and stability of the human and nonhuman
environment. Avoiding disturbance of steep slopes protects surface
water quality, plant and wildlife habitat, and habitat quality. It
also protects ridgelines, hillsides, and mountainous features that
provide variation in the landscape, contribute to scenic viewsheds,
offer unique recreational opportunities, and in many instances, define
the character of an area or region.
(b)Â
The severity and extent of steep slopes, in conjunction with
applicable soil characteristics and type and extent of land cover,
all affect the potential for damages from the disturbance of steep
slopes. The provisions of this section are intended to protect the
citizens, buildings and structures, and the natural environment and
living ecosystems of the community from harm due to disturbance of
steep slopes.
(2)Â
Applicability. The provisions of this section shall apply to
the Steep Slope Protection Area (Exhibit 5[12]) and to any other portion of the municipality determined to consist of 5,000 square feet or more of contiguous steep slope(s) (as defined at § 163-103B). For purposes of making such determinations, slopes shall be calculated for every two-foot contour interval over the full extent of the existing slope features, regardless of the location of property or other jurisdictional boundary lines.
[12]
Editor's Note: Exhibit 5 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Steep slope standards.
(a)Â
Severely and moderately constrained slopes. Disturbance of severely
constrained and moderately constrained slopes is prohibited, with
the exception of that required in connection with a linear development.
Such linear development, however, shall be permitted only in the event
that there is no feasible alternative for such development outside
of the severely constrained or moderately constrained slopes.
[1]Â
To address the "no feasible alternative for linear development"
standard, the applicant shall demonstrate that there is no other location,
design or configuration for the proposed linear development that would
reduce or eliminate the disturbance of severely constrained or moderately
constrained slopes. For proposed linear development that would provide
access to an otherwise developable lot, the applicant shall in addition,
show that:
[2]Â
An alternative shall not be excluded from consideration under
this subsection merely because it includes or requires an area not
owned by the applicant that could reasonably be obtained, utilized,
expanded, or managed in order to fulfill the basic purpose of the
proposed linear development.
[3]Â
The reviewing municipal authority shall not approve any application
pursuant to this subsection if, after review of the information submitted
to support an approval, it finds that there is a reasonable alternative
to the proposed linear development.
(b)Â
Constrained or limited constrained slopes. Disturbance shall
be permitted only upon a finding by the reviewing board or other applicable
municipal authority that the application includes or satisfactorily
addresses each of the requirements following:
[1]Â
Demonstration that the proposed steep slope disturbance can
neither be avoided nor reduced in extent, while adequately providing
for the proposed use.
[2]Â
Incorporation of low-impact development techniques (pursuant to § 163-107B) appropriate to both the proposed activity and the steep slope environment, designed to reduce the extent of disturbance areas, stabilize areas that are disturbed, provide for stormwater management, and protect adjacent areas during site construction.
[3]Â
Development layout shall be designed to:
[a]Â
Minimize the need for landform grading and retaining
structures;
[b]Â
Incorporate a cluster development format, where
feasible, to minimize the extent of development on steep slopes; and
[c]Â
Disturb steep slopes (where such disturbance cannot
be avoided) having the minimum potential for slope instability.
[4]Â
Site design shall:
[a]Â
Incorporate stabilization techniques that emphasize
bioengineering;
[b]Â
Ensure minimized soil loss during and after construction
through steep slope-appropriate soil erosion and sediment control
techniques;
[c]Â
Prevent direct discharge of stormwater into Highlands
Open Waters features;
[d]Â
Provide for control of stormwater velocity and
volume such that no net increase in runoff rates occurs between pre-
and post-conditions; and
[e]Â
Provide for maximum protection of existing trees,
woodlands and surrounding natural vegetated areas.
D.Â
CRITICAL HABITAT.
(1)Â
Findings.
(a)Â
Habitat protection is critical to maintaining biodiversity and providing for the needs of rare, threatened and endangered plant and animal species. Biodiversity is the variety of plant species, animal species and all other organisms found in a particular environment, and is a critical indicator of ecological integrity. This article establishes one category of Critical Habitat, as set forth at § 163-104C(5), above. Critical Wildlife Habitat includes lands containing habitat for rare, threatened and endangered wildlife species.
(b)Â
Protection of Critical Habitat is essential to the well-being
of a wide variety of plants and animals making up the unique ecosystems
of the Highlands Region. Such protection is vital to the survival
of numerous rare, threatened and endangered species. Protection of
Critical Habitat is in the interest of the Borough of Chester and
the Highlands Region, as a whole, not only for its contributions to
ecosystem stability and biodiversity, but for its role in the health
and stability of the human environment, and its contributions to aesthetic
values.
(2)Â
Habitat conservation and management plan. Upon Borough of Chester
adoption of a habitat conservation and management plan, which, inclusive
of any accompanying ordinances, rules or regulations, shall be approved
by the Highlands Council, all applications proposing disturbance of
a Critical Habitat area shall be filed, reviewed and considered in
accordance with the provisions and criteria provided therein.
E.Â
WATER CONSERVATION AND DEFICIT MITIGATION.
(1)Â
Findings. The water resources of the municipality are critical
to supporting the life of the community. Groundwater supplies represent
the primary source of potable water in the Highlands Region and provide
base flow to the region's streams. The importance of ensuring the
high quality and sustainable use of Highlands groundwater supplies
cannot be overstated. The availability of clean water for human use
is critical to the life and economic vitality of the municipality
and the Highlands Region as a whole. The availability of water for
ecological purposes is critical to sustaining the aquatic ecosystems
of streams, ponds and lakes as well as the riparian flora and fauna
that depend upon them. When water withdrawals exceed the rate of recharge,
groundwater supplies diminish, making access more difficult, reducing
reliability, and ultimately leading to loss of the potable water source.
Overuse of groundwater reduces stream base flows, impairs ecological
function and integrity, and threatens the long-term reliability of
potable water supplies that the community depends upon. The provisions
of this section are intended to protect groundwater supplies from
depletion resulting from unsustainable use. Where groundwater supplies
are already depleted, these provisions require measures to enhance
and restore this vital resource.
(2)Â
Applicability. The provisions of § 163-106E(3) below shall apply to all development within the municipality. The remaining provisions of this section shall apply to any development application proposing a new or increased use of potable or nonpotable water averaging 6,000 gallons per day or more, derived from: a) any groundwater source in a Highlands HUC14 subwatershed, whether through a public community or noncommunity water supply system well, a nonpublic well, or an individual private well; or b) any surface water source in a Highlands HUC14 subwatershed that is not associated with a safe yield determined by the NJDEP through a water allocation permit. Specifically excluded from these provisions [§ 163-106E(4) through (7)], are modifications or improvements to existing uses and structures that do not result in an increase in water demand by an average of 6,000 gallons per day or more.
(3)Â
Water conservation requirements. All development proposals shall
incorporate, as applicable, the following water conservation measures
to promote sound resource use, reduce supply deficits, and reduce
the need for additional utility infrastructure:
(a)Â
Meet all applicable building code requirements for the use of
water conservation fixtures and appliances in new or rehabilitated
structures;
(b)Â
Provide automatic controls based on rain sensors (or soil moisture)
for all new and replacement lawn irrigation systems, as required by
the electrical subcode at N.J.A.C. 5:23-3.16;
(c)Â
Design all nonpotable irrigation water uses to ensure that only
the necessary amounts of water are used to achieve optimum plant growth,
to the maximum extent practicable;
(d)Â
Provide for internal recycling or beneficial reuse of reclaimed
water in new commercial development projects, to the maximum extent
practicable;
(e)Â
Rely on stormwater for irrigation purposes to the maximum extent
practicable, including but not limited to methods recommended by the
U.S. Green Building Council through its Leadership in Energy and Environmental
Design (LEED) program;
(f)Â
Reduce water losses to the maximum extent practicable, in the
rehabilitation of on-site water supply utility infrastructure, through
such means as application of American Water Works Association/International
Water Association water loss analysis methods (AWWA Manual M-36 or
most recent version).
(4)Â
Net water availability. Net water availability has been calculated
by the Highlands Council for each HUC14 subwatershed located within
or partially within the municipality (Exhibit 10[13]). Expressed in million gallons per day (MGD), the values
assigned to each HUC14 subwatershed derive from subtracting consumptive
and depletive surface and groundwater uses for a baseline year, from
total groundwater availability. Where net water availability figures
are negative numbers, the subwatershed is identified as a current
deficit area, meaning existing uses exceed sustainable supplies. The
map of net water availability by HUC14 subwatershed provided at Exhibit
10[14] is herewith adopted and incorporated as a component of
this article.
[13]
Editor's Note: Exhibit 10 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
[14]
Editor's Note: Exhibit 10 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(5)Â
Conditional water availability. For subwatersheds designated
as current deficit areas, the Highlands Council has assigned a limited
amount of conditional water availability, the use of which is conditioned
upon satisfying certain mitigation requirements. Jurisdiction over
the use of conditional water availability lies solely with the Highlands
Council and shall apply in the case of current deficit areas until
such time as a water use and conservation management plan for such
subwatersheds has been adopted and put into effect.
(6)Â
Water use and conservation management plan. Where a Highlands
Council-approved water use and conservation management plan has been
established for a municipality, HUC14 subwatershed, or group of HUC14
subwatersheds, any development application involving the use of water
derived from such subwatershed(s) shall be regulated fully in accordance
with the requirements of such plan. Adherence to the provisions of
an adopted water use and conservation management plan shall constitute
satisfactory compliance with all of the provisions of this section,
including those pertaining to net water availability and conditional
water availability.
(7)Â
Absence of water use and conservation management plan. In the
absence of a Highlands Council-approved water use and conservation
management plan for a municipality, HUC14 subwatershed, or group of
HUC14 subwatersheds, any development application involving the use
of water derived from such subwatershed(s) shall be subject to requirements
of this subsection.
(a)Â
Net water availability. The provisions of this subsection shall
apply to any development application proposing the use of net water
availability. These requirements shall apply regardless of whether
such water is supplied from an on-site well or through a water supply
utility.
[1]Â
Highlands Council findings required. No application shall be
deemed complete or considered for review by the applicable board until
or unless the Highlands Council has determined that the proposed consumptive
or depletive water use will not exceed the remaining net water availability
for the source HUC14 subwatershed(s). Such finding shall be provided
by formal notification from the Executive Director of the Highlands
Council, indicating by reference to specified application submittals
(as required by the Highlands Council) that the Highlands Council
has reviewed the specific development proposal at issue, and authorizes
the increased use of potable or nonpotable water therein specified.
[2]Â
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection E(7)(a)[1], above, shall in no case be approved by the reviewing board unless the proposed use of net water availability remains equal to or less than that authorized by the Highlands Council through its formal findings. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to net water availability, however.
(b)Â
Conditional water availability. The provisions of this subsection
shall apply to any development application proposing the use of conditional
water availability. These requirements shall apply regardless of whether
such water is supplied from an on-site well or through a water supply
utility.
[1]Â
Highlands Council findings required. No application shall be
deemed complete or considered for review by the applicable board until
or unless a finding has been issued by the Highlands Council indicating
that: a) the proposed consumptive or depletive water use will not
exceed the remaining conditional water availability for the source
HUC14 subwatershed(s); b) that the applicant has correctly determined
the associated mitigation requirement; c) that the proposed development
plan will incorporate or otherwise provide for acceptable methods
of deficit mitigation; and d) that the mitigation measures proposed
by the applicant can be reasonably anticipated to meet the required
level of mitigation. Such findings shall be provided by formal notification
from the Executive Director of the Highlands Council, indicating by
reference to specified application submittals (as required by the
Highlands Council) that the Highlands Council has reviewed the relevant
components of the development proposal and authorizes it to proceed
to the municipal review authority.
[2]Â
Findings determinative. Any application revised from that reviewed by the Highlands Council pursuant to Subsection E(7)(b)[1], above, shall in no case be approved by the reviewing board unless: a) the proposed use of conditional water availability remains equal to or less than that authorized by the Highlands Council through its formal findings; b) the proposed methods of deficit mitigation are consistent with those so approved; and c) the anticipated levels of mitigation are sufficient to meet the associated mitigation requirements. Nothing herein shall be construed to preclude the applicant from seeking a revised Highlands Council determination as to conditional water availability, however.
[3]Â
Deficit mitigation requirements. Applicants proposing the use
of conditional water availability shall comply with the deficit mitigation
requirements herein.
[a]Â
The mitigation requirement applicable to any development
project derives from the Highlands Council Scaled Mitigation Requirements
Table, provided below (Table 1). The figures represent the applicable
recharge requirement as a percentage of consumptive/depletive water
use.
Table 1. Scaled Mitigation Requirements
| |||||
---|---|---|---|---|---|
Proposed Consumptive or Depletive Water Use
(gpd)
| |||||
Deficit (MGD)
|
<= 1,000
|
1,001 - 5,000
|
5,001 - 10,000
|
10,001 - 25,000
|
>25,000
|
0.0001-0.050
|
125%
|
125%
|
125%
|
150%
|
150%
|
0.051-0.100
|
125%
|
125%
|
125%
|
150%
|
150%
|
0.101-0.250
|
125%
|
125%
|
150%
|
150%
|
175%
|
0.251-0.500
|
125%
|
150%
|
150%
|
175%
|
200%
|
0.501-1,000
|
125%
|
150%
|
175%
|
175%
|
200%
|
1,000-7,100
|
150%
|
175%
|
175%
|
200%
|
200%
|
[b]Â
Deficit mitigation must be provided within the
same HUC14 subwatershed as from which the source conditional water
availability derives. If the project and water source are not located
in the same subwatershed, however, only mitigation measures that benefit
the source HUC14 subwatershed may be utilized to mitigate the deficit.
[c]Â
The approval of any application proposing off-site
deficit mitigation measures, whether through enhanced recharge or
offsets from water conservation, shall be subject to the receipt of
approvals from the Highlands Council and any other entities having
jurisdiction over the activities proposed at the off-site location
(whether located within or outside of the municipality).
[d]Â
On-site deficit mitigation measures, whether from
enhanced recharge or offsets from water conservation shall be subject
to the following criteria:
[i]Â
Water conservation measures. Water conservation measures may be credited toward mitigation requirements only with respect to existing land uses with consumptive or depletive water uses. [Such measures must be incorporated into the design of any new improvements, in accordance with § 163-106E(3), above.] Approval of any application proposing such measures shall be conditioned upon implementation of the measures prior to receipt of any certificate of occupancy or approval for the project improvements. If conservation measures include such methods as reduced irrigation of landscaping, protective covenants (e.g., homeowner's association bylaws) or other such legal mechanisms must be established to ensure their enforceability.
[ii]Â
Recharge measures. The applicant shall include
the proposed mitigation measures in the project stormwater management
plan, stormwater operation and maintenance manual, and applicable
components of site design. The stormwater management plan and O&M
manual shall achieve permanent maintenance and routine monitoring
of the mitigation measure(s) so that the required rate of recharge
is continuously achieved.
[e]Â
Any application for which deficit mitigation requirements
cannot be achieved shall not be approved by the reviewing authority.
The applicant may modify any such proposal, however, to reduce the
consumptive or depletive water uses to a level at which achieving
deficit mitigation requirements is feasible. All applicants shall
demonstrate compliance with these standards through submission of
a deficit mitigation plan, as provided below.
[4]Â
Deficit mitigation plans. All applicants proposing deficit mitigation
shall prepare and submit deficit mitigation plans for approval which
shall include the following elements:
[a]Â
Detailed justification for the proposed conditional water availability use and documentation that the amount of consumptive or depletive use is minimized [including the conservation measures outlined in § 163-106E(3), above].
[b]Â
Engineering plans and drawings of mitigation facilities
proposed to provide the necessary mitigation in the source HUC14 subwatershed.
[c]Â
Sufficient information to demonstrate that the
mitigation measures are individually feasible and in the aggregate
will meet or exceed the mitigation requirement.
[d]Â
Sufficient information to substantiate that the
facility will recharge the groundwater table such that it reasonably
can be expected (e.g., using general groundwater flow models) to support
aquifer recharge, or to support stream flow with a travel time in
excess of one month.
[e]Â
Proposed implementation schedule demonstrating
compliance with the following time frame targets:
[i]Â
Satisfaction of mitigation requirements within
one year of issuance of building permit(s) if the consumptive or depletive
water use is less than 20,000 gpd, on average.
[ii]Â
Satisfaction of mitigation requirements within
a longer time period for larger amounts, up to five years from issuance
of building permit(s), but no later than upon initiation of the consumptive
or depletive water use, except for projects that involve a combination
of high current water deficits and large proposed consumptive and
depletive water uses as shown in the bold areas of the table Scaled
Mitigation Requirements (Table 1, above), in which case, on-site mitigation
shall be successfully completed prior to initiation of the water use
but may be implemented concurrent with on-site construction. Off-site
mitigation shall be successfully completed prior to any on-site construction.
[iii]Â
Mitigation requirements may be phased in keeping
with the level of consumptive and depletive water use that actually
occurs based on phased construction of a project.
[f]Â
Proposed operation, maintenance and monitoring
requirements to ensure that sufficient recharge is maintained over
time. These requirements shall at a minimum be sufficient to comply
with N.J.A.C. 7:8 stormwater maintenance requirements.
[5]Â
Conditions of approval. As a condition of any approval of a
development application, inclusive of the proposed deficit mitigation
plan, pursuant to this subsection, the applicant shall:
[a]Â
Demonstrate that the entity designated to implement
the deficit mitigation plan is qualified and capable of carrying out
the plan, regardless of the time frame involved.
[b]Â
Provide proof of acceptance of all responsibilities
for implementation of the deficit mitigation plan by the responsible
entity.
[c]Â
Provide a cost estimate for implementation of the
deficit mitigation plan, inclusive of a 10% contingency.
[d]Â
Provide performance and maintenance guarantees
in accordance with all municipal and MLUL requirements in amounts
as approved by the municipal engineer, sufficient to ensure the installation
and implementation of all required deficit mitigation plan measures.
Such guarantees shall be available to the municipality and, secondarily,
to the Highlands Council for implementation of the necessary deficit
mitigation measures should the applicant fail to properly implement
the measures according to the deficit mitigation plan schedule. If
the implementing entity is a public agency, the commitment must be
in the form of a binding resolution or ordinance of the governing
body, and the cost of implementation must be bonded to ensure sufficient
resources.
[e]Â
Ensure that the responsible entity shall report
annually to the Highlands Council and the municipality regarding implementation
of the deficit mitigation plan until fully implemented, unless reporting
is achieved through effectuation of a water use and conservation management
plan.
[f]Â
Establish an ongoing system of such reporting which
must operate until the relevant subwatershed is no longer in deficit,
or until the reporting responsibility is absorbed into implementation
of an approved water use and conservation management plan.
F.Â
PRIME GROUNDWATER RECHARGE AREAS.
(1)Â
Findings. Prime Groundwater Recharge Areas are those lands within
a HUC14 subwatershed that most efficiently provide, in the aggregate,
40% of total drought recharge volume for the HUC14 subwatershed. Protection
of such areas is vital to maintaining the quality and quantity of
the groundwater resources upon which both human and nonhuman communities
in the Highlands Region heavily rely. It is the intent of the provisions
herein to ensure that Prime Groundwater Recharge Areas receive the
highest possible protection from intrusion to protect both the recharge
capacity that they provide and the quality of the groundwater supplies
that they replenish.
(2)Â
Applicability. The provisions of this section shall apply to
any development application involving the Prime Groundwater Recharge
Area (Exhibit 7[15]).
[15]
Editor's Note: Exhibit 7 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Standards. Disturbance of Prime Groundwater Recharge Area (PGWRA)
by any regulated development shall be permitted only upon a finding
by the reviewing board or other applicable municipal authority that
the proposal complies with the provisions of this subsection.
(a)Â
Avoidance. The proposed disturbance cannot be avoided. Development
shall not occur in Prime Groundwater Recharge Areas unless either
the entirety of the subject property is located within a Prime Groundwater
Recharge Area and thus cannot be avoided, or the disturbance represents
the only viable alternate means to avoid Critical Habitat, Highlands
Open Waters buffers, moderately constrained steep slopes, or severely
constrained steep slopes, to the extent that these resources are also
present upon the subject property.
(b)Â
Minimization. The proposed disturbance cannot be minimized.
Where total avoidance is not feasible, total recharge area disruption
(i.e., alteration of natural recharge patterns or volumes) shall not
exceed 15% of the Prime Groundwater Recharge Area located within the
affected parcels, placed where feasible on those parts of the PGWRA
having the lowest relative recharge rates and the least potential
for aquifer recharge based upon site analysis.
(c)Â
Low-impact development. The proposal incorporates low-impact development practices. Low-impact development practices (see § 163-107B) shall be used in the design of the development proposal to reduce total recharge disruption to the minimum feasible, within the 15% cap.
(d)Â
Mitigation. The proposal includes a PGWRA mitigation plan. Any
development application involving disturbance of a Prime Groundwater
Recharge Area shall be accompanied by a mitigation plan, providing
for an equivalent of 125% of preconstruction recharge volumes for
that portion of the Prime Groundwater Recharge Area that will be disturbed.
The recharge mitigation shall occur within the following areas, in
order of priority: 1) the same development site to the maximum extent
feasible; 2) the same HUC14 subwatershed; or 3) where no feasible
option exists in the same HUC14 subwatershed, an interrelated HUC14
subwatershed approved by the Highlands Council.
(4)Â
Potential contaminant sources. Where any use or structure classified
as a major potential contaminant source (PCS) (as listed at Appendix
B[16]) is proposed to be located or expanded within a Prime Groundwater Recharge Area, the standards of approval provided at § 163-106G(3), below, shall apply in addition to the preceding requirements.
[16]
Editor's Note: Appendix B is included as an attachment to
this chapter.
G.Â
WELLHEAD PROTECTION.
(1)Â
Findings. Protection of groundwater resources that directly
provide water to potable water supply wells is vital to the public
health, safety and welfare of the community. It is also of primary
importance to ensure continued availability of clean drinking water
to all that rely upon it. Through regulation of land use, physical
facilities and other activities within Wellhead Protection Areas (WHPAs),
the potential for groundwater contamination can be reduced by preventing
the introduction and migration of pollutants into groundwater sources
that supply water supply wells.
(2)Â
Applicability. The provisions of this section shall apply to
all proposed development activities in designated Wellhead Protection
Areas (Exhibit 7[17]).
[17]
Editor's Note: Exhibit 7 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Potential contaminant sources. Where any permitted use or structure
classified as a major potential contaminant source (PCS) (as listed
at Appendix B[18]) is proposed to be located or expanded within a Tier 1
Wellhead Protection Area, the standards of this subsection shall apply.
As noted previously, these standards shall also apply to any major
PCS proposed to be located or expanded in any portion of a Prime Groundwater
Recharge Area. These conditions shall not be construed to waive or
obviate any rules, regulations, or other requirements pertinent to
such uses that may derive from outside agencies having jurisdiction,
such as the NJDEP.
(a)Â
Best management practices. All major PCS facilities shall be
designed in a manner that prevents the unintentional discharge of
toxic or hazardous pollutants to groundwater, surface water bodies,
or the land surface, from all internal and external areas, including
loading, storage, and transfer areas, in accordance with the provisions
of this section.
[1]Â
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors, shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
[2]Â
Containers in which regulated substances are stored must be
clearly and visibly labeled and must be kept closed and sealed when
material is not being transferred from one container to another.
[3]Â
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but are
not limited to any one or a combination of the following:
[a]Â
Containers, dikes, berms or retaining walls sufficiently
impermeable to contain spilled hazardous substances, for the duration
of a spill event.
[b]Â
Curbing.
[c]Â
Gutter, culverts and other drainage systems.
[d]Â
Weirs, booms and other barriers.
[e]Â
Lined diversion ponds, lined lagoons and lined
retention basins, holding tanks, sumps, slop tanks and other collecting
systems.
[f]Â
Drip pans.
[4]Â
Secondary containment and/or diversionary systems, structure
or equipment must meet the following standards:
[a]Â
The system must block all routes by which spilled
hazardous substances could be expected to flow, migrate, or escape
into the groundwater or surface waters.
[b]Â
The system must have sufficient capacity to contain
or divert the largest probable single discharge that could occur within
the containment area, plus an additional capacity to compensate for
any anticipated normal accumulation of rainwater.
[c]Â
In order to prevent the discharge of hazardous
substances into groundwater, all components of the system shall be
made of or lined with impermeable materials sufficient to contain
the substance for the duration of a spill event. Such material or
liner must be maintained in an impermeable condition.
[d]Â
No manufacturing area, processing area, transfer
area, dike storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility.
[e]Â
Outdoor storage of regulated substances in regulated
containers and the containment structure must include a cover to minimize
accumulation of water in the containment area and contact between
precipitation and storage container(s).
[5]Â
Catchment basins, lagoons and other containment areas that may
contain hazardous substances shall not be located in a manner that
would subject them to flooding by natural waterways.
[6]Â
Stormwater shall be managed so as to prevent contamination of
groundwater, and so as to be in accordance with applicable laws and
regulations of the State of New Jersey, and of the municipality.
[7]Â
All transfers of petroleum from delivery trucks and storage
containers over five gallons in capacity shall be conducted over an
impervious surface having a positive limiting barrier (e.g., berm,
lip) at its perimeter.
(b)Â
Compliance mechanisms. Any of the following permits and authorizations shall be considered equivalent to the best management practices of this article. As applicable to the PCS involved, these may also be submitted in lieu of an operations and contingency plan, as otherwise required under § 163-106G(3)(c), following.
[1]Â
A NJPDES permit approved by NJDEP pursuant to N.J.A.C. 7:14A;
[2]Â
An underground storage tank approved by NJDEP under N.J.A.C.
7:14B;
[3]Â
A discharge prevention, containment and countermeasure plan
(DPCC) approved by NJDEP pursuant to N.J.A.C. 7:1E;
[4]Â
A hazardous waste remedial action approved by NJDEP pursuant
to N.J.A.C. 7:26B, 7:26C, 7:26D or 7:26E, or by the United States
Environmental Protection Agency pursuant to the Resource Conservation
Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA);
[5]Â
A hazardous waste facility approved by NJDEP pursuant to N.J.A.C.
26G;
[6]Â
Approval by the SCD of a farm conservation plan or resource system management plan pursuant to N.J.A.C. 2:92 [see § 163-106H(4) below and Appendix D[19]];
[19]
Editor's Note: Appendix D is included as an attachment to
this chapter.
[7]Â
A solid waste facility approved by NJDEP pursuant to N.J.A.C.
26H; and
[8]Â
A high-density animal waste management plan, an animal waste
management plan, or a comprehensive nutrient management plan, as appropriate,
developed pursuant to N.J.A.C. 2:91.
(c)Â
Operations and contingency plans. Unless one of the permits or approvals listed at § 163-106G(3)(b)[1] to [8] above is provided, or the applicant certifies that no potential contaminants will be stored, discharged, manufactured or used on site, as a condition of approval of any application involving a major PCS, the applicant shall prepare and obtain approval of an operations and contingency plan in accordance with the requirements herein. No certificate of occupancy or approval (as appropriate) for the development shall be issued until or unless the qualified professional authorized to administer these provisions verifies that the operations and contingency plan has been approved and is on file with the appropriate entities.
(d)Â
Approval of operations and contingency plans. The proposed operations
and contingency plan shall be submitted to the Board of Health (or
equivalent acting authority), Fire Department, Police Departments
and Office of Emergency Management, as applicable. These agencies
shall review and make any appropriate recommendations for approval
or modifications of the operations and contingency plan. The applicant
shall incorporate the recommendations to produce a final document,
for review by the designated municipal professional and each of the
participating agencies. The designated municipal professional shall
coordinate the agencies' responses to ensure that the final plan addresses
all concerns of substance. Upon approval by the designated municipal
professional, the plan shall be filed with all applicable entities
and put into effect as indicated therein. In the event of any irreconcilable
issue in developing or finalizing the plan, it shall be provided as
proposed, to the reviewing board, along with the recommendations of
the designated professional, the participating agencies, and the applicant
and applicant's agents and professionals. A decision by the reviewing
board shall be final.
(e)Â
Required content of operations and contingency plans. An operations
and contingency plan shall be developed, where required under this
article, for each major PCS or group thereof (where multiple sources
exist within a single facility owned and operated by a single entity)
and shall address the following elements. The operations and contingency
plan must demonstrate that the potential for a significant discharge
is the lowest technologically feasible:
[1]Â
Documentation of the applicable major potential contaminant
sources existing and proposed for the site;
[2]Â
Types and quantities of hazardous substances or wastes that
may be used, discharged or stored on site;
[3]Â
Means used to prevent the spillage, leakage or discharge of
such materials;
[4]Â
Means to be used to contain or remedy accidental spillage, leakage,
discharge or migration of such materials from the site directly or
indirectly into groundwater;
[5]Â
At a minimum, utilize best management practices as defined by § 163-106G(3) and as specified by NJDEP and the United States Environmental Protection Agency, including but not limited to the regulations and guidance in the following areas: Discharge Prevention Containment and Countermeasures [N.J.A.C. 7:1E-4.2 (or most current)], Spill Prevention Control and Countermeasures [40 CFR 112.3 et seq. (or most current)], Stormwater and Non-Point Source Pollution Control Best Management Practices Manual [NJDEP, April 2004 (or most current)];
[6]Â
Specific training of facility personnel to contain or remedy
accidental spillage, leakage, discharge or migration of such materials
from the site directly or indirectly into groundwater, or surface
water bodies or the land surface that provide recharge to the underlying
aquifer;
[7]Â
Procedures including a contact list and phone numbers for notifying
the appropriate administrative authorities, including but not limited
to NJDEP, the local fire and police, local office of emergency management
and the Board of Health, regarding any spillage or discharge of such
materials; and
[8]Â
Demonstration that the proposed facility is designed to employ
best management practices to the maximum extent feasible.
(f)Â
Confidentiality protections. Any information included in an
operations and contingency plan which constitutes proprietary commercial
or financial information, or is otherwise protected from disclosure
under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act,
N.J.S.A. 47:1A-1 et seq., shall be held confidential by all local
entities participating in its review or implementation, subject to
the limitations set forth therein.
[18]
Editor's Note: Appendix B is included as an attachment to
this chapter.
H.Â
AGRICULTURAL RESOURCES.
(1)Â
Findings. The Highlands Planning Area contains fertile soils, receives plentiful rainfall, and is characterized by a moderate climate favorable to agricultural and horticultural production. The agricultural industry is vital to the state, the region and the community not only for local provision of agricultural products, but for the economic benefits associated with agricultural production and for maintenance of the rural character associated with agricultural lands. It is the intent of this section to promote sustainable agriculture (as defined at § 163-103B) in the municipality by ensuring the long-term sustainability of agricultural resources and the viability of the agricultural industry. These provisions are intended to ensure a healthy agricultural environment and a sufficient agricultural land base, by protecting farmland and farm soils, promoting farmland preservation, and providing the allowances necessary to permit and support farming and farm operations.
(2)Â
Applicability. The provisions of this section apply to agricultural
and horticultural uses in the municipality and to the lands of the
Agricultural Resource Area (Exhibit 8[20]), specifically. The Agricultural Resource Area (ARA) consists
of the areas of most concentrated and contiguous agricultural uses
and contains major areas of important farmland soils.
[20]
Editor's Note: Exhibit 8 is included in Appendix F , Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Agricultural Resource Area.
(a)Â
Agricultural and horticultural development. In accordance with the provisions of § 163-105B(1) above, permitted uses in the ARA (with the exception of any forested portions also designated as Forest Resource Areas) include agricultural and horticultural uses (as defined at § 163-103B). Accessory uses permitted in conjunction with such uses include ancillary, incidental or otherwise related supporting uses and the accessory structures devoted to such uses. The specific permitted uses and other applicable requirements pertaining to agricultural and horticultural development in the ARA include the following:
[2]Â
Bulk and other requirements.
[a]Â
Horticultural uses. Minimum lot size: one acre.
[b]Â
Agricultural uses:
[i]Â
[iii]Â
Agricultural and horticultural uses shall be consistent with the density standards of § 163-105C above.
[iv]Â
Permitted accessory structures: all those uses identified in § 163-70M(1) to (12), subject to the yard requirements found in Schedule 1, Part 1, Schedule of Lot Area, Yard and Building Requirements[22] (see § 163-69).
[22]
Editor's Note: The Schedule is included as an attachment to
this chapter.
[3]Â
Other regulations. Approval of any application proposing agricultural or horticultural development pursuant to this subsection shall, in addition, be subject to the provisions of § 163-106H(4) through (6), below.
(b)Â
Residential development. Pursuant to § 163-106B(1), above, where the underlying zoning permits residential development within any portion of the ARA, the only form of such development permitted is residential cluster development in accordance with the provisions of § 163-108A, below, provided the minimum thresholds [see § 163-108A(6)] can be satisfied. Where such thresholds cannot be met, the allowances for residential development provided in the underlying Zoning Ordinance apply to applications for such development, subject to all density and resource protection requirements of this article. Lawfully existing residential development in the ARA that does not meet the cluster development requirements of § 163-108A is permitted to continue; it remains under the regulations of the underlying Zoning Ordinance, and is not made nonconforming by the provisions of § 163-105(B(1).
(4)Â
Conditions of approval. The approval of any proposal for agricultural or horticultural development in the municipality is subject to the specific requirements listed at Subsection H(4)(a) through (c), below, which are enforceable by the Highlands Council. As a condition of any local approval, the owner or operator of the farm management unit or his/her agent shall be required to obtain a release from the Highlands Council indicating that these requirements have been or will, by formal agreement or other appropriate means, be satisfactorily addressed. This condition shall be satisfied only by submission of a copy of formal notice of such release issued by the Executive Director of the Highlands Council. No permit(s) shall be issued and no land disturbance in connection with the approval shall be permitted until or unless this condition has been satisfied.
(a)Â
Farm conservation plan. The development and implementation of a farm conservation plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% but less than 9% to the total land area of a farm management unit (as defined at § 163-103B above). Solar panels (as defined at § 163-103) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
(b)Â
Resource management system plan. The development and implementation of a resource management system plan (prepared by the USDA NRCS, TSP, appropriate agent, or NJDA staff, and approved by the local SCD) is required as a condition of approval for any agricultural or horticultural development that would result in the increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover by 9% or greater to the total land area of a farm management unit (as defined at § 163-103B, above). Solar panels (as defined at § 163-103) shall not be included in any calculation of agricultural impervious cover pursuant to this subsection.
(c)Â
Plan requirements. Any farm conservation plan required pursuant
to this section shall be prepared in conformance with Sections III
and IV of the June 1, 2005, NRCS New Jersey Field Office Technical
Guide (available electronically at http://www.nrcs.usda.gov/technical/efotg/),
as may be amended and supplemented by the NRCS, and shall include
all items required under N.J.A.C. 2:92-3.1, for same (see applicable
provisions at Appendix D[23]). Any resource management systems plan required pursuant
to this section shall be prepared in conformance with all sections
of the same guide, inclusive of all items required under N.J.A.C.
2:92-4.1, as also provided in Appendix D.[24]
(5)Â
Right to farm. Nothing in these provisions or in the whole of
this article shall be construed to alter or compromise the goals,
purposes, policies and provisions of, or lessen the protections afforded
to farmers by, the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1
et seq.), and any rules or regulations adopted pursuant thereto.
(6)Â
Approvals subject to outside jurisdiction. The provisions of
this section shall not be construed to alter or obviate the requirements
of any other applicable state or county laws, rules, or regulations,
including specifically N.J.A.C. 2:92, Agricultural Development in
the Highlands, as promulgated by the New Jersey Department of Agriculture,
or those of the SADC, the CADB, the Soil Conservation Districts, or
the NJDEP.
I.Â
HISTORIC, CULTURAL AND ARCHAEOLOGICAL RESOURCES.
(1)Â
Findings. The historic, cultural and archaeological resources
of the municipality form an essential component of its character and
aesthetic quality. They preserve a part of the history of the Borough
of Chester and provide a link to its past. They are representative
of significant people, places and events in history and provide vital
information about what life was like in the community in earlier times.
Preservation of these resources is in the interest of the citizens
of the Borough of Chester, the surrounding region, the State of New
Jersey, and in many instances, the nation as a whole. These resources
provide a rich source of information from which to learn about the
growth and development of our communities, our culture, our science
and technology, and our way of life. They provide an educational opportunity,
contribute to the community's sense of place, and add context to our
everyday lives. It is the intent of this section to provide for the
protection and preservation of the historic, cultural and archaeological
resources of the municipality.
(2)Â
Applicability. The provisions of this section shall apply to
any development application involving property which is located either
among those identified as containing Highlands Historic, Cultural
and Archaeological Resources at Exhibit 9[25] (and listed as such in the Highlands Element of the Master
Plan), or which lies adjacent to any property containing or partially
containing such resources. Nothing in this article shall relieve a
property owner or applicant from development or demolition review
procedures for historic properties.
[25]
Editor's Note: Exhibit 9 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Standards and criteria.
(a)Â
The standards and criteria for Highlands Historic, Cultural
and Archaeological Resources shall apply to: 1) the Borough's mapped
historic districts and sites; 2) those sites listed and detailed in
the document entitled "New Jersey Historic Sites Inventory, Morris
County Cultural Resources Survey," prepared by ACROTERION Historic
Preservation Consultants for the Morris County Heritage Commission,
funded through the Office of New Jersey Heritage, the County Freeholders
and the F.M. Kirby Foundation, Inc., 1986/1987, all of which are proposed
for listing in the Highlands Historic and Cultural Resources Inventory;
3) all properties listed on the State or National Register of Historic
Places; 4) all properties which have been deemed eligible for listing
on the State or National Register; and 5) all properties for which
a formal State Historic Preservation Office (SHPO) opinion has been
issued through 1986.
(c)Â
The first sentence of § 163-84B(1) is hereby supplemented and amended to read as follows (supplemental new language included in italics, thus):
"(1) Before any new construction or major alterations are made
on any property or building within (a) the Borough's historic districts,
sites and zones, (b) any building or property listed in the
Borough's Historic Sites Survey entitled "New Jersey Historic Sites
Inventory, Morris County Cultural Resources Survey," prepared by ACROTERION
Historic Preservation Consultants and dated 1986/1987, (c)
all properties listed on the State or National Register of Historic
Places; (d) all properties which have been deemed eligible for listing
on the State or National Register; and (e) all properties for which
a formal State Historic Preservation Office (SHPO) opinion has been
issued through 1986, the project must be approved by the Planning
Board or Board of Adjustment."
|
A.Â
AFFORDABLE HOUSING. Nothing in this article shall be construed to
waive, obviate, modify or otherwise exempt any covered development
project, or any person proposing or involved in such project, from
the applicable provisions of the municipal ordinances and any other
regulations adopted consistent with the Fair Housing Act to ensure
opportunity for low- and moderate-income housing. Neither shall the
provisions of this article be construed to waive or exempt projects
that include such housing, from adherence to the requirements of this
article.
B.Â
LOW-IMPACT DEVELOPMENT.
(1)Â
Applicability. The following provisions shall apply to all development
applications.
(2)Â
Standards.
(a)Â
Applicants shall demonstrate that the project design process
incorporates conservation design planning, including the following
steps:
[1]Â
Preparation of an existing features and site analysis plan,
including identification of Highlands resources and resource areas;
[2]Â
Evaluation of site context through identification of the physical
and community character of the surrounding area;
[3]Â
Selection of open space conservation areas, where applicable,
that maximize the retention of resource values, provide connections
to existing trails, open spaces or greenways, and incorporate natural
features and characteristics as site amenities;
[4]Â
Establishment of development yield (e.g., residential, retail, office) and apportionment of septic system yield, net water availability, and water supply and sewer utility availability, as applicable, and in keeping with all density and intensity requirements of § 163-105C, above;
[5]Â
Lay out of building lots, if applicable, and incorporation of
low-impact development design techniques for site design, stormwater
management and resource protection; and
[6]Â
Incorporation of resource standards and smart growth guidelines.
(b)Â
Development applications must achieve stormwater management in compliance with § 163-107D, below, including the municipal stormwater management ordinance[1] established in compliance with the municipal stormwater
NJPDES permit under N.J.A.C. 7:14A and 7:8, and all applicable NJDEP
standards and requirements.
(c)Â
Relief from the strict application of the provisions of the
underlying municipal Zoning Ordinance applicable to site design shall
be considered where necessary to provide for incorporation of smart
growth principles and low-impact development techniques such as use
of shared parking and driveway areas, biofiltration swales, rainwater
capture and reuse, and reduced road or driveway widths. Where such
deviations will minimize or eliminate adverse impacts to Highlands
natural resources, these benefits shall be given significant weight
in the analysis of approval criteria.
(d)Â
The site preparation plan shall limit clearing, grading and
soil compaction to the minimum required to construct the project in
accordance with the approved plans, inclusive of area for construction
equipment maneuvering, while ensuring protection of mature trees and
habitat outside of the site development area.
(e)Â
Landscaping shall use native, drought-tolerant (other than where
used in rain gardens, biofiltration swales and other stormwater management
facilities), disease-resistant plants, allowing for natural landscaping
wherever feasible, and shall under no circumstances include invasive
species.
(f)Â
Building orientation and design shall be designed to take advantage
of microclimate conditions, to the maximum extent feasible, to maximize
solar gain for winter heating, and to minimize solar gain during high
temperature summer conditions except where desirable for the construction
of solar energy systems. Other energy-efficient features shall be
considered and incorporated into site layouts and buildings, as appropriate.
(g)Â
The applicant shall ensure reuse and recycling of building materials,
to the extent possible, when development involves demolition.
(h)Â
All low-impact development features shall be maintained through
a monitoring and maintenance plan, with procedures for replacing such
features as necessary.
C.Â
CONSERVATION RESTRICTIONS.
(1)Â
Applicability. In the event that a conservation restriction
is required to effectuate the purposes of this article, the provisions
of this section shall apply. Nothing herein shall be construed to
preclude the imposition of conservation restrictions in the case of
Highlands Resources, Resource Areas, or Special Protection Areas,
where the reviewing board or other applicable authority finds that
such restrictions are necessary to protect the particular resource(s)
at issue, or to ensure the public health, safety, or general welfare
of the community.
(2)Â
Standards. Conservation restrictions shall be designed to protect the Highlands Resources, Highlands Resource Areas, or Special Protection Areas existing (or as remaining after an authorized disturbance) on the subject property in accordance with the requirements that follow. Any such restrictions shall be so drawn and described as to permit the future use of any underutilized portion of either, the disturbed area coverage allowance or the impervious surface area allowance, as provided for exclusions pursuant to § 163-102A(1), above.
(a)Â
The conservation restriction shall run with the land on which
the approved project is located, shall apply to all lots subdivided
from that land and sold or transferred to other persons, and shall
be binding upon the landowner and his or her successors in interest.
To ensure that notice of the conservation restriction is provided
to all present and future interested parties, the landowner or contract
purchaser receiving the approval shall:
[1]Â
Record the conservation restriction(s) in the office of the
County Clerk or Register, as applicable prior to commencement of any
work authorized under the approval; and
[2]Â
Ensure that a copy of the conservation restriction is provided
to the Highlands Council and to the Municipal Clerk with a request
that it be placed in the file for the lot containing the approved
project.
(b)Â
The conservation restriction(s) shall describe and include all
regulated features on the property, including any required mitigation.
The proposed easement(s) shall be depicted in the proposed plans,
inclusive in the case of major site plans and major subdivisions,
of plan notes specifying the location and construction of clear and
permanent on-site monuments, such as concrete posts, designed to minimize
the need for land clearing and avoid obstruction of wildlife movement.
(c)Â
The conservation restriction shall include either:
[1]Â
A survey and a metes and bounds description of the entire restricted
area; or
[2]Â
A parcel plan showing the survey boundary lines to the full extent of the subject property, and indicating the limits of the existing disturbance area, any additionally approved disturbance area, and of any area excluded pursuant to § 163-102A(1), with the indication that no further development or disturbance shall be permitted; or
[3]Â
In the case of no proposed encroachment upon Highlands Resources
or Areas, and availability of Highlands Council GIS mappings for all
such resources and areas present upon the property, copies of all
such mappings applicable to the parcel.
(d)Â
In the case of preserved farmland or dedicated open space, the
conservation restriction shall be enforceable by the Highlands Council
and the municipality, and at least one of the following, as appropriate:
the SADC or CADB, the NJDEP Green Acres Program, or a qualified nonprofit
land trust organization. All such easements shall require periodic
monitoring to ensure that ongoing land use and management practices
remain protective of the subject resources.
(e)Â
All other conservation restrictions shall be enforceable by
the municipality and the Highlands Council.
(f)Â
The language to be included in the conservation restriction
shall be reviewed and approved by the municipal or board attorney,
as applicable.
D.Â
STORMWATER MANAGEMENT.
(1)Â
Applicability. The provisions of this subsection shall apply
to any development application.
(2)Â
Standards.
(a)Â
Beneficial stormwater reuse. Development applications involving
water demands for recreational uses, nonagricultural irrigation, and
other nonpotable uses shall demonstrate maximum practical stormwater
reuse to minimize both the volume of stormwater discharges and the
water demand sought for such purposes.
(b)Â
Regional stormwater plans. The stormwater management aspects
of any development plan shall comply with all applicable components
of any regional stormwater management plans adopted by NJDEP pursuant
to N.J.A.C. 7:8 and N.J.A.C. 7:15.
(c)Â
Total maximum daily loads (TMDLs). Applications shall be designed
in compliance with any TMDL adopted by NJDEP (pursuant to N.J.A.C.
7:15) that has also been adopted by the municipality in compliance
with the municipal stormwater management ordinance[2] as established pursuant to the municipal stormwater NJPDES
permit under N.J.A.C. 7:14A and 7:8.
(e)Â
Water quality. To the maximum extent feasible, the plan shall ensure recharge of clean stormwater rather than contaminated stormwater. Where runoff from contaminated areas is unavoidable, the applicant shall incorporate low-impact development [see Subsection D(2)(g), below] and other best management practices standards to minimize the discharge of stormwater-entrained pollutants to ground- and surface waters.
(g)Â
Low-impact development (LID). To the maximum extent feasible,
LID techniques shall be incorporated into the design of all development
proposals, to preserve, mimic and enhance the natural hydrologic cycle,
drainage patterns and natural land cover existing on the site, including
but not limited to:
[1]Â
Implementation of on-site stormwater management features that
maintain, restore and enhance the preexisting natural drainage patterns
of the site;
[2]Â
Achievement of an on-site stormwater capture performance standard
of 80% for average annual precipitation, using low-impact development
design techniques preferentially, and structural stormwater measures
only to the extent necessary;
[3]Â
Limitations on the amount of impervious cover on a site as a
means to protect and increase stormwater infiltration and reduce stormwater
runoff;
[4]Â
Use of a "design with nature" approach where natural features
are used or enhanced to achieve management of runoff volume, rate
and quality of stormwater;
[5]Â
Use of grass channels, dry swales, wet swales, infiltration
basins, bioswales and water gardens, green roofs, and other low-impact
approaches to attenuate and control stormwater and provide multiple
environmental benefits;
[6]Â
Minimization of: a) disturbances to natural vegetation and topography;
b) exposure of stormwater runoff to pollutant-generating land uses;
and c) alterations in the hydrologic response to precipitation through
natural patterns; and
[7]Â
Integration of stormwater management design features with public
spaces, existing and proposed landscape features, and buffers, to
the extent applicable.
E.Â
SEPTIC SYSTEM DESIGN AND MAINTENANCE. The requirements herein apply
to proposed development activities reliant upon installation of individual
subsurface septic disposal systems, regarding the proper operation,
design, development, monitoring, placement and maintenance of septic
systems.
(1)Â
The design of septic systems shall be in compliance with the
Standards for Individual Subsurface Sewage Disposal Systems at N.J.A.C.
7:9A and any applicable Board of Health ordinance and shall be subject
to approval of the Board of Health.
(2)Â
All applications shall demonstrate that the proposed plan incorporates
the applicable requirements of N.J.A.C. 7:9A with respect to soils
suitability, location, size, and separation distances.
(3)Â
All applications proposing new septic systems shall incorporate
reserve septic system disposal areas for each septic system, which
are sufficient with respect to soils suitability, location and size
to meet the requirements of N.J.A.C. 7:9A, to ensure the long-term
viability of septic systems in new development.
(4)Â
Any application proposing a new septic system (or systems) shall
be conditioned upon filing of a deed restriction(s) or deed notice(s)
protecting the delineated location(s) of the reserve septic system
disposal field(s), prohibiting the placement thereon of any permanent
structure(s), preserving the area (and its soils) for future installation
of a replacement disposal field, and requiring that it be shown on
all plans and referenced within any future applications for permits
or improvements to the property.
(5)Â
All new individual septic disposal systems shall be subject
to any applicable septic system management and maintenance requirements
of the Board of Health, including those established in the Board of
Health ordinance and in compliance with the standards for septic system
maintenance in the Water Quality Management Planning Rules, N.J.A.C.
7:15.
(6)Â
The application shall demonstrate compliance with any other
Board of Health ordinances to achieve the maintenance of existing
and new septic systems.
(7)Â
New development proposing to use septic systems shall be designed
in a manner that ensures that untreated well water meets state drinking
water quality standards for non-natural contaminants and minimizes
the risk of well contamination due to the flow of septic system's
plumes within or between developed lots, addressing general background
water quality and flow patterns, major fracture systems and other
appropriate geological, geophysical and hydrogeological issues.
F.Â
PUBLIC WATER SYSTEMS. The creation or expansion of any public water system, as permitted in the Existing Community Zone [pursuant to § 163-105C(7), above] shall comply with the following requirements:
(1)Â
Estimation of need. Development water supply demands shall be
calculated based on maximum summer month demand and on annual average
demand using demand factors in N.J.A.C. 7:10, "Safe Drinking Water
Regulations."
G.Â
WASTEWATER COLLECTION AND TREATMENT SYSTEMS. The creation or expansion of any wastewater collection and treatment system, as permitted in the Existing Community Zone (including the Lake Community Sub-Zone) [pursuant to § 163-105C(7), above], shall comply with the following requirements:
(1)Â
WQMP consistency. The proposed system shall be consistent with
the relevant areawide water quality management plan adopted by NJDEP
pursuant to N.J.A.C. 7:15.
(2)Â
Prohibitions. Expansion of sewer service areas shall not be
permitted for existing wastewater collection and treatment systems
that are noncompliant with NJPDES permit requirements for effluent
quality.
(3)Â
Estimation of need. Development wastewater demands shall be
calculated based on maximum three-month demand and on annual average
demand using demand factors in N.J.A.C. 7:14A or N.J.A.C. 7:9A as
appropriate.
A.Â
RESIDENTIAL CLUSTER DEVELOPMENT.
(1)Â
Findings. The intent of this article is to provide for cluster and conservation design development (hereinafter referred to as "cluster development") consistent with the Land Use Plan Element of the Master Plan and as defined at § 163-103B. Cluster development is a development design technique under which principal buildings and structures are grouped together on a portion of the cluster project area, while the remaining land area is permanently deed-restricted in agricultural use, for conservation of natural resources, or as open space for environmental protection including public recreational use. Cluster development allows flexibility in the design and layout of development projects, providing opportunity for new construction while addressing other priorities, such as: protecting environmentally sensitive areas, preserving large contiguous areas of open space and agricultural land, supporting the continuation of existing agricultural and/or horticultural land uses, and developing attractive residential development consistent with community character.
(2)Â
Applicability. The provisions of this section shall apply to all lands in the ARA, as provided at § 163-104C(8) and as designated in the map entitled "Agricultural Resource Area" (Exhibit 8[1]). The permitted principal residential use for any underlying
municipal zoning district in the ARA which permits single-family residential
development as a principal use, is restricted solely to cluster development
in accordance with all provisions of this section. Cluster development
within the ARA shall be consistent with the Agriculture Retention/Farmland
Preservation Plan Element of the Master Plan and the provisions of
this article by supporting the preservation of farmland, avoiding
conflicts with agriculture, maintaining and enhancing the sustainability
and continued viability of the agricultural industry, protecting important
farmland soils, and meeting the management and protection provisions
of this article for Highlands Resources.
[1]
Editor's Note: Exhibit 8 is included in Appendix F, Exhibits,
which appendix is included as an attachment to this chapter.
(3)Â
Cluster project area standards. The cluster project area (as defined at § 163-103B) includes all of the individual parcels from which development is clustered, including the area set aside for preservation and the area set aside for development. Residential cluster development shall be implemented in accordance with the Highlands Council Cluster/Conservation Design Development Guidelines, incorporated by reference herein, and shall incorporate the provisions below for the cluster project area. The use of clustering in Highlands zones or sub-zones having a high concentration of environmentally sensitive resources will be limited. The use of noncontiguous clustering, wherein the development rights of noncontiguous parcels are aggregated for use upon a single parcel (or group of adjacent parcels) suited to cluster development, shall be permitted and is encouraged where it affords a higher level of protection to Highlands Resources and Resource Areas than would otherwise be the case. Land management and stewardship, including best management practices and conservation and/or management plans, for the cluster project area shall be subject to the provisions of § 163-106 for all Highlands Resources including, but not limited to protection, restoration, maintenance and mitigation, as applicable.
(4)Â
Preservation set aside of cluster project area standards.
(a)Â
The area set aside for preservation in a cluster project area shall comprise at least 80% of the total cluster project area, and shall be preserved in perpetuity for agricultural use or for environmental protection. If the cluster project area is served by a public or community on-site wastewater system, the area set aside for preservation shall comprise at least 90% of the cluster project area to the maximum extent this is feasible. All land preserved in perpetuity shall require a conservation restriction that complies with § 163-107C and is enforceable and monitored by the Highlands Council, the Borough of Chester, and, where requested by the Highlands Council: for environmental protection, the NJDEP Green Acres or a qualified land trust nonprofit organization, or for agricultural use, the CADB or the SADC. All preservation set asides shall be deed-restricted against further subdivision and shall consist of one contiguous parcel, to the maximum extent feasible, unless noncontiguous clustering is utilized.
(b)Â
When agricultural resources are preserved the following provisions
shall apply:
[1]Â
The most productive important farmland soils, determined in
accordance with NRCS USDA soil survey data, NJDA and the local SCD
shall be given priority in determining the area set aside for agricultural
preservation within the cluster project area.
[3]Â
Retention of the original farmstead or construction of new farmsteads
associated with preserved agricultural lands in cluster developments
shall be permitted.
[4]Â
The preserved portion of the cluster project area shall be buffered
appropriately to avoid conflicts between agricultural operations and
adjacent development, including the developed portion of the cluster
project area, and to facilitate compliance with Borough of Chester
Right to Farm regulations.
[5]Â
This article supports sustainable agriculture (as defined at § 163-103B and consistent with the Agriculture Retention/Farmland Preservation Plan Element of the Master Plan) and requires the implementation of best management practices on the agricultural land, including, as a condition of any approval, development and implementation of a farm conservation plan [as defined at § 163-103B and described at § 163-106H(4)] that addresses the protection of water and soil resources, prepared by the USDA NRCS, TSP, appropriate agent or NJDA staff, and approved by the local SCD.
[6]Â
Community-supported agriculture businesses shall be permitted
within the preserved portion of the cluster project area to allow
homeowners to take advantage of local agricultural goods and services
and to enhance the viability of the agricultural industry.
[7]Â
Requirements (e.g., bulk standards) applicable to agricultural development shall be as provided for other agricultural uses at § 163-106H(3).
(c)Â
When natural resources are protected the following provisions
shall apply:
[1]Â
Cluster development shall meet the resource management and protection requirements of § 163-106 and shall be consistent with the policies of the Conservation Plan Element of the Master Plan.
[2]Â
Where high value natural resources are preserved, the conservation
easement or deed restriction shall prohibit active recreational uses
and facilities, and only allow minimal passive recreational uses dependent
upon the nature of the resources.
[3]Â
Passive recreational trails shall be allowed provided they do
not disturb habitat and shall be natural landscape trails constructed
using native pervious materials. Where feasible, such passive recreational
trails shall link to existing federal, state and local trail systems,
greenways and parks.
[4]Â
Buffering techniques, management and stewardship of natural
resources, and site design for the cluster project area shall be used,
where feasible, to enhance the existing natural resources protected
within the cluster project area.
(5)Â
Development set aside of cluster project area standards.
(a)Â
Cluster development shall be designed to avoid or minimize disturbance
of natural resources and agricultural resources (including ARAs) of
the Highlands Region in compliance with the provisions of this article.
(b)Â
The total area set aside for development in the cluster project
area shall not exceed 20%. To the maximum extent feasible, the developed
area of the cluster project area shall occupy no more than 10%, if
the project area is served by a public or community on-site wastewater
system.
(c)Â
For cluster development dependent upon septic systems, the unit yield for the whole of the cluster project area shall be based on the septic system density allowances as established at § 163-105C(4), or at the development density allowed under Borough of Chester Zoning, whichever is more restrictive.
[1]Â
Septic system density allowances within the development set
aside portion of the cluster project area shall not exceed that necessary
to ensure that nitrate dilution for the developed portion of the site
is maintained at 10 mg/L, or less. These allowances shall be calculated
in accordance with the Highlands Council Nitrate Dilution Model, information
about which may be found at the following website: This model derives
from two independent methods: a mass-dilution (modified Trela-Douglas)
model and the New Jersey Geological Survey's (NJGS) ground-water-recharge
method. It provides the minimum number of acres required per septic
system (applied as an average density) to ensure that recharge is
sufficient to achieve nitrate dilution targets.
[2]Â
For purposes of this calculation, the following factors, representative
of a one-family household, or average wastewater generation of 300
gallons per day, shall be used as inputs to the nitrate dilution model:
[3]Â
For purposes of this calculation, septic system yield shall
be calculated on the basis of the developed portion of the site only,
which shall consist of a contiguous land area including the following:
[a]Â
All land area proposed to be occupied by buildings,
structures and associated improvements, all land area to be disturbed
in connection with the construction or installation of such buildings,
structures and improvements, and all of the land area intervening;
and
[b]Â
All land area dedicated to any street or roadway
providing public (or common) access to the development, to the limits
of the right-of-way, easement, or other area(s) designated to contain
such common access; and
[c]Â
All land dedicated to a community on-site stormwater
detention facility, or other like facility providing public (or common)
services to the development, each to the limits of the easement, lot
line(s), or other area(s) designated to contain such common facility.
(d)Â
Water and wastewater availability, expansion, or creation for cluster development shall be in compliance with § 163-105C(5) through (7) and shall meet the resource management and protection provisions of this article.
(e)Â
Cluster residential development proposing to use septic systems
shall meet the resource management and protection provisions of this
article.
(f)Â
All infrastructure, open space and utilities necessary to support
the residential cluster development shall be located within the development
set aside of the cluster project area (i.e., streets, common open
space areas, wastewater facilities and stormwater management).
(g)Â
Where a municipality has developed and the Highlands Council
has approved a plan for the aggregation of cluster developments to
minimize the potential for dispersed clusters, the cluster development
shall be consistent with such plan.
(h)Â
Cluster development shall incorporate smart growth principles
where feasible, including but not limited to: a mix of land uses;
compact building design; walkable neighborhoods; a range of housing
opportunities and choices; foster distinctive communities with a strong
sense of place using design techniques illustrated in the Highlands
Cluster/Conservation Design Development Guidelines; preserve critical
natural and agricultural resources; direct development towards existing
infrastructure (i.e., water, wastewater, transportation, and community
facilities); provide a variety of transportation choices (i.e., pedestrian,
bicycle automobile, bus, rail); and encourage community and stakeholder
collaboration in development decisions. [Note: The Highlands Council
will release the Cluster/Conservation Design Development Guidelines
during the plan conformance process to facilitate the design of cluster
development.]
(j)Â
Cluster development shall be designed to maintain the Highlands rural, scenic and historic character and shall consider and harmonize with existing community character with respect to architectural style, scale, massing and arrangement of buildings. Protection of Highlands Historic, Cultural and Archaeological Resources shall be considered and incorporated consistent with the provisions at § 163-106I. Primary criteria for site design decisionmaking shall include protection of existing resources and minimization of negative impacts.
(k)Â
All buffers and setbacks shall consider and incorporate or harmonize
with existing natural, agricultural, historic and scenic resources
and with community character. Buffers and setbacks shall be designed
to consider and harmonize with the cluster project area and adjacent
existing development. Existing natural resources and vegetation (e.g.,
hedgerows/trees, woodlands or forest, wetlands, streams) shall be
retained and may be enhanced as buffer features whenever feasible.
Where the cluster development is integrated into an existing neighborhood
or center-type development, the developed area of the cluster shall
be located behind an existing hedgerow (mature trees) or screened
with a new buffer as appropriate, such as a thickly planted berm of
native trees or shrubs that is landscaped in such a manner as to resemble
existing woodlands.
(l)Â
Site disturbance shall be restricted to clearing and grading to the minimum extent necessary to make reasonable use of the designated building envelopes, including but not limited to compliance with LID requirements at § 163-107B and retention of existing mature trees.
(m)Â
Cluster development shall be configured to minimize impervious
coverage.
(6)Â
Single-family dwelling area, yard and bulk standards. Residential
cluster development shall be tailored to the characteristics of the
site and its environs, and shall be designed to avoid or minimize
disturbance of existing Highlands Resources. The following standards
shall apply to residential cluster development projects. [Note: These
requirements serve in the interim during the Basic Plan Conformance
process until the municipality develops a cluster development ordinance
approved by the Highlands Council or updates an existing cluster development
ordinance that will include site design standards consistent with
the municipal vision and approved by the Highlands Council.]
(b)Â
Net density/intensity threshold requirements.
[1]Â
New single-family residential cluster development shall be subject
to a net septic system density limitation, calculated on the basis
of the developed portion of the cluster project area [as provided
at § 163-106C(4)]. Such density (acres per septic system)
shall comply with a nitrate dilution target for the developed portion
of the cluster project of 10 mg/L or less.
[2]Â
Where new single-family residential development is proposed
to rely on existing wastewater utilities the density and intensity
standards shall be in compliance with the underlying municipal zoning
ordinance.
(d)Â
Bulk requirements. Where the applicant demonstrates and the reviewing board finds, based upon submission of an analysis of natural and agricultural resources within the cluster project area, that the site design shall be enhanced by reducing the bulk requirements of this subsection (e.g., where existing topography or vegetation provides an effective visual screen), these requirements may be reduced by up to 50%. Such reductions shall similarly apply to the extent they may be necessary to ensure compliance with the density or intensity requirements of Subsection A(6)(b)[1] and [2] above. [NOTE: These requirements may be modified and supplemented by the municipality to ensure consistency with the definitions used in its existing zoning/land use ordinance and in consideration of community character, community vision, and the need to ensure that cluster development is achievable.]
(e)Â
Other requirements. All other development requirements for single-family
dwellings, including any bulk standards not listed above (e.g., lot
coverage, building coverage, building height), shall be as required
pursuant to the underlying municipal zoning/land use ordinances.
A.Â
APPLICATION PROCEDURES. 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 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.
(1)Â
When required. 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 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 article, a Highlands resource permit shall be required in accordance with the provisions of § 163-109A(5), below.
(2)Â
Highlands Act exemptions. Pursuant to § 163-102B(1)(d) above, any application proposing an activity, improvement or development project that qualifies as a Highlands Act exemption is exempt from the requirements of this article. 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(2)(a) or (b), below.
(a)Â
State agency determination. State agency determinations shall
consist of a Highlands exemption determination issued by the Highlands
Council indicating that the proposal qualifies as a Highlands Act
exemption. State agency determinations are required for any application
under this article 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 Borough of Chester.
(b)Â
Municipal determination. Pursuant to Borough of Chester Ordinance
____, entitled "Borough of Chester Highlands Area Exemption Ordinance,"
effective as of [insert date], for any application under this article
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.
(3)Â
Approvals subject to compliance. Approval of any land-use-related application, whether a zoning permit application, building permit application, application for development (as defined at § 163-103B), or any other such application, unless deemed a Highlands Act exemption pursuant to § 163-109A(2) above, is subject to compliance with the provisions of this article. 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 article; 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)Â
Building/construction permit applications. Demonstration of
compliance with all applicable provisions of this article 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 Borough of Chester Zoning Officer, Planner, Engineer,
Planning Board, Zoning Board of Adjustment, Board of Health, Health
Department. No building permit shall issue, unless and until a zoning
permit has been issued by the Borough of Chester Zoning Officer.
(b)Â
Zoning permit applications. Demonstration of compliance with
all applicable provisions of this article 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 Borough of Chester 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)Â
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 article, 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 § 163-109B(3) below, but is by no means limited solely to these in making its determination on an application.
(4)Â
Applications requiring prior Highlands Council approval. 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)Â
New/extended utility infrastructure. Any application proposing installation of new or extended water supply or wastewater collection/treatment utility infrastructure in any zone or sub-zone other than the Existing Community Zone (including the Lake Community Sub-Zone but excluding the Existing Community Environmentally Constrained Sub-Zone), pursuant to § 163-105C(6).
(b)Â
Water availability. Any application proposing new or increased use of potable or nonpotable water averaging 6,000 gallons per day or more, pursuant to § 163-106E(2), unless regulated under a Highlands Council-approved water use and conservation management plan.
(5)Â
Findings of compliance. With regard to any application, or any
specific aspect of an application for which the Highlands Council
has explicitly issued an approval, the applicable reviewing authority
shall find that, to the extent the approval specifically addresses
the provisions of this article, the applicant has demonstrated compliance.
Such approvals shall not be construed to waive or obviate other applicable
provisions of this article or of any other applicable municipal or
nonmunicipal ordinances, regulations or requirements. With respect
to all other findings of compliance, the provisions of this subsection
shall apply.
(a)Â
Professionals required. Findings of compliance with the provisions of this article shall be provided only by individuals qualified to review and make such determinations. In many but not all instances these shall require licensed, certified or otherwise qualified professionals such as scientists, engineers, planners or geologists. Fee and escrow requirements associated with applications requiring approval under this article shall reflect the reasonable anticipated expenses associated with processing and reviewing such applications, as provided at § 163-109C below. The following professionals (where the term "professionals" is construed to include any and all qualified individuals licensed, certified, or otherwise eligible and authorized to complete such work, in accordance with the applicable laws and legal requirements of the State of New Jersey) shall, to the extent of their applicable licensure, certification, or other appropriate qualifications, be authorized to review and provide findings pursuant to this article, and shall be designated as required, by the municipal governing body or reviewing Planning Board or Zoning Board of Adjustment, as applicable:
[1]Â
Use, density, intensity and other bulk requirements: professional
planner; professional engineer; zoning officer.
[2]Â
Forest resources: certified tree expert; forester; forest scientist/ecologist.
[3]Â
Highlands Open Waters, riparian areas: wetlands or riparian
scientist/ecologist; environmental engineer (as required for water
quality management issues).
[4]Â
Steep slopes: professional engineer; geologist; topographic
surveys: licensed land surveyor.
[5]Â
Water conservation and deficit mitigation, prime groundwater
recharge areas, wellhead protection areas, stormwater management:
hydrogeologist; professional engineer; water resources engineer; environmental
engineer.
[6]Â
Low-impact development: landscape architect, professional engineer;
environmental engineer; professional planner qualified and experienced
in applicable areas.
[7]Â
Conservation/deed restrictions: attorney.
(b)Â
Zoning and building/construction permit applications. Where a zoning or building/construction permit application (or request for approval) is not preceded by an application for development under the purview of the Planning Board or Zoning Board of Adjustment, the reviewing official shall rely upon the determination(s) of the individual designated in Subsection A(5)(a), above, for findings of compliance with respect to the applicable provisions of this article.
[1]Â
All determinations by the qualified professional shall be determinative
in the disposition of any zoning or building/construction permit application
with respect to required prior approvals.
[2]Â
Where the professional determines that an approval may be granted
subject to certain conditions, such conditions shall be addressed
prior to the issuance of any permit or approval by the building or
zoning official, unless in the estimation of the professional, satisfaction
of the required conditions of approval will not be compromised by
issuance of the zoning or building/construction permit and are ensured
by other means, such as withholding of any final certificates of occupancy
or approval.
[3]Â
The findings of the review professional shall be provided in
writing to both the municipal official(s) responsible for the review
and disposition of the zoning or building/construction permit, and
to the applicant. Where such findings indicate that the application
is not compliant with the applicable provisions of this article, the
review professional shall provide a statement identifying the reasons
therefor. Where the review professional indicates that an approval
may be granted pending satisfaction of certain conditions, a statement
and explanation of the conditions to be attached shall be set forth
as well as the reasons therefor.
[4]Â
The findings of the review professional may be appealed by any
affected party in accordance with the provisions of the underlying
land use ordinance, pursuant to N.J.S.A. 40:55D-70(a).
[5]Â
The professional review process shall occur as follows:
[a]Â
Upon notice from the municipal official(s) responsible
for the review and disposition of the zoning or building/construction
permit that a prior approval is required, it shall be the applicant's
responsibility to prepare a request for review and issuance of such
approvals by the designated municipal professional(s).
[b]Â
The applicant shall provide all of the documents and materials required for submission under an application for development pursuant to § 163-109D, below, to the extent they apply with respect to the particular resources and article provisions at issue, for review by the professional.
[c]Â
The professional shall provide a completeness determination
in writing, within 30 days of receipt of the application materials,
which in the event of an incomplete application, shall indicate the
reasons therefor. The professional shall have the authority to waive
submission of items he or she finds unnecessary or irrelevant to the
evaluation and the required report of findings.
[d]Â
The professional shall review and provide a report
of findings to both the municipal official(s) and the applicant within
45 days of the date on which the application is deemed complete.
(c)Â
Highlands resource permit applications. In the event that the
underlying municipal land use ordinances do not require issuance of
a zoning or building permit, or approval of an application for development
through which compliance with the provisions of this article may be
demonstrated, the provisions herein shall apply.
[1]Â
Any person proposing an activity, improvement or development
project that will affect a Highlands resource, resource area, or protection
area, shall obtain a Highlands resource permit in accordance with
this section.
[2]Â
Applications shall be made on forms provided by the municipality
requiring identification of the owner of the property or properties
at issue, the tax block and lot, street address, the extent, location
and type of activity proposed, and by submission of a consistency
determination report from the Highlands Council website, an indication
of the resources potentially affected by the proposed activity.
[3]Â
The designated review authority for such applications shall
be the Borough of Chester Zoning Officer or Engineer.
[4]Â
The review and disposition of such applications shall occur
as provided for zoning and building/construction permits, in the preceding
sections, with approvals being issued only upon a finding of compliance.
(d)Â
Applications for development. With respect to applications for
development, findings of compliance shall be provided by the applicable
professional(s) through the process of review and consideration undertaken
by the Planning Board or Zoning Board of Adjustment. The reviewing
board [or its committee(s), if applicable] shall consider all such
findings during the course of the application for development, in
conjunction with all other relevant information and requirements in
rendering a final decision in any matter.
B.Â
APPLICATIONS FOR DEVELOPMENT. The provisions of this subsection shall apply to any application for development (see § 163-103B, above) under the jurisdiction of the Planning Board or Zoning Board of Adjustment.
(1)Â
Notice and reporting requirements. 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)Â
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)Â
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.
(2)Â
Board decisions subject to Highlands Council call-up. 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.
(3)Â
Conditions of approval. The following conditions of approval shall, in addition to any applicable conditions previously set forth under this article, be attached to any application for development approved pursuant to the MLUL, and the provisions of § 163-109A, above.
(a)Â
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]Â
The Highlands Council call-up period has expired without issuance
of a notice seeking review of the application by the Highlands Council;
or
[2]Â
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)Â
Amendments. In the event that Highlands Council review of an approved application for development pursuant to § 163-109B(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)Â
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 § 163-107C.
(d)Â
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.
(e)Â
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.
(f)Â
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.
C.Â
APPLICATION FEE AND ESCROW REQUIREMENTS. The application fee and
escrow requirements of this subsection 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. All 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 and the Uniform Construction
Code.
(1)Â
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 § 163-109A(3).
(a)Â
Highlands resource review fees.
[1]Â
Applications involving determinations regarding: permitted/prohibited
uses, water use and conservation, wellhead protection, prime groundwater
recharge, low-impact development, or any combination of these: application
fee: $50.
[2]Â
Applications involving determinations regarding any one or combination
of the following: density or intensity of development standards, forest
resources, steep slopes, water deficit mitigation, or stormwater management
(including stormwater low-impact development): application fee: $100.
[3]Â
Applications involving determinations regarding any combination of items listed in both Subsection C(1)(a)[1] and [2], above, shall be subject to the application fee listed at Subsection C(1)(a)[2].
(b)Â
Escrow deposit requirements.
[1]Â
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
| |
---|---|---|
a)
|
Density or intensity standards
|
$150
|
b)
|
Forest resources
|
$200
|
c)
|
Steep slopes
|
$150
|
d)
|
Water deficit mitigation
|
$250
|
e)
|
Stormwater management and stormwater LID
|
$250
|
f)
|
Conservation/deed restrictions
|
$250
|
g)
|
Operations and contingency plans
|
$200
|
[2]Â
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.
(2)Â
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 § 163-109A(5).
(a)Â
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: water use and conservation, wellhead protection, prime groundwater
recharge, low-impact development.
(b)Â
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, water deficit mitigation, or stormwater management (including
stormwater low-impact development).
D.Â
SUBMISSION CHECKLIST REQUIREMENTS. All applicants seeking approval for any activity, improvement or development project covered under the provisions of this article 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 § 163-103) 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 subsection shall be considered supplemental to the checklist requirements of the underlying municipal land use ordinances.
(1)Â
General submission requirements. All applications shall be accompanied
by the following:
(a)Â
Application fees and escrow deposits.
(b)Â
Completed application forms (14 copies, plus one copy submitted
in electronic format).
(c)Â
Highlands Act exemptions. Any applicant claiming eligibility
for an exemption under the Highlands Act shall provide one of the
following:
(d)Â
Prior approvals. All applications requiring prior approvals
pursuant to the provisions of this article 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]Â
For any application proposing an increase in the use of net water availability or conditional water availability pursuant to § 163-106E, notice of findings issued by the Highlands Council pursuant to § 163-106E(7).
[2]Â
For any application proposing installation of new or extended
water supply or wastewater collection/treatment utility infrastructure
in any zone or sub-zone other than the Existing Community Zone (including
the Lake Community Sub-Zone but excluding the Existing Community Environmentally
Constrained Sub-Zone), pursuant to § 163-106C(6), notice
of authorization issued by the Highlands Council.
(e)Â
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 article 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[1] which are not identified within the Total Forest Area,
or which revise the Total Forest 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 geo-referenced 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 geo-referenced CAD files in lieu of the ESRI Shape files.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(2)Â
Permit applications. The submission requirements of this subsection shall apply in addition to those of § 163-109D(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)Â
Base submission requirements.
[1]Â
Identification of highlands zone or sub-zone in which the property
is located (available through Highlands Council website).
[2]Â
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).
[4]Â
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]Â
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]Â
Plans showing the proposed grading, soil conservation plan,
and sediment and soil erosion control plan.
[7]Â
Plans showing proposed conservation restrictions or easement(s) to be provided (if applicable) pursuant to § 163-107C.
[8]Â
Plans documenting baseline conditions in all areas designated
for public (or nonprofit land trust) open space preservation.
[9]Â
Water use.
[a]Â
Existing and proposed water demand inclusive of calculations based on use and unit/square footage equivalents listed at § 163-105C(3).
[b]Â
For any application proposing an average of 6,000 or more gallons per day of new or increased water use pursuant to § 163-106E(2):
[i]Â
All submission items required pursuant to any adopted
municipal or subwatershed-based water use and conservation management
plan (WUCMP).
[ii]Â
The following, where a WUCMP has not been adopted and the application proposes use of conditional water availability pursuant to § 163-106E(7)(b):
[A]Â
Information identifying project water demand data,
water supply source and water utility provider.
[B]Â
Identification of the water supply source HUC14(s)
for the project, deficit status, and conditional availability as provided
by the Highlands Council.
[C]Â
Deficit mitigation plan pursuant to § 163-106E(7)(b)[4].
[10]Â
Septic systems.
[a]Â
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 § 163-107E. 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 [insert applicable Administrative Authority of the municipality].
[11]Â
Stormwater management.
[a]Â
For applications regulated under municipal or regional
stormwater management plans (or both), all applicable submission requirements
pertinent thereto.
[b]Â
Proposed low-impact development management practices
to minimize the creation or increase of stormwater runoff due to development
or disturbance of the site.
[12]Â
Low-impact development.
[a]Â
Description of conservation design planning process, pursuant to § 163-107B(2).
[b]Â
Landscape plan (if applicable) indicating proposed
type, species, quantity and location of plantings; planting details.
[c]Â
Description of energy efficiencies incorporated
into building(s), building orientation and site design.
[d]Â
Description of proposed reuse or recycling of building
materials.
[13]Â
Any such additional information as the reviewing
authority may find necessary to determine compliance with the provisions
of this article.
(b)Â
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 § 163-109D(4) through (11), below.
(3)Â
Applications for development. The submission requirements of this subsection shall apply in addition to those of § 163-109D(1) and (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)Â
Base submission requirements. In addition to the base submission requirements of § 163-109D(2) above, the following shall apply:
[1]Â
Existing features and site analysis plan, identifying and mapping:
[a]Â
All Highlands Open Waters and water bodies (including
but not limited to rivers, lakes, ponds, reservoirs, wetlands, seeps,
springs);
[b]Â
All existing structures (including archaeological
features, ruins and stone walls);
[c]Â
All significant physical features; and
[d]Â
Existing trails and greenways, and preserved lands
and farmland.
[2]Â
Architectural elevation renderings, if structures are proposed
(preliminary for subdivision applications).
[3]Â
A list of any preexisting encumbrances affecting the property
(e.g., easements, deed restrictions, covenants).
[4]Â
Copies of any related surveys, site plans, professional reports
and environmental site assessments.
(b)Â
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 § 163-109D(4) through (11), below.
(c)Â
Cluster development requirements. For applications proposing cluster development pursuant to § 163-108, all submission checklist items required pursuant to § 163-109D(11), below.
(4)Â
Forest resources.
(a)Â
Plans identifying forests using the Highlands Council Forest
Resource Area, and Total Forest GIS layers for forest resources.
(c)Â
Where required in connection with disturbances pursuant to § 163-106A(4), forest impact report [§ 163-106A(5)] and forest mitigation plan [(§ 163-106A(6)].
(5)Â
Highlands Open Waters and Riparian Areas.
(a)Â
Maps showing the location of all Highlands Open Waters, Highlands
Open Waters buffers, and Riparian Areas, as provided in this article.
(b)Â
For linear development pursuant to § 163-106B(3)(g), all items required as listed therein.
(6)Â
Steep slopes.
(a)Â
Map showing limits of Steep Slope Protection Area as provided
in this article.
(b)Â
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 § 163-103B.
(c)Â
For any application proposing linear development of a moderately or severely constrained slope area pursuant to § 163-106C(3)(a), all items as listed and required therein.
(d)Â
For any application proposing disturbance of a constrained or limited constrained slope pursuant to § 163-106C(3)(b), 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)Â
For any application proposing to disturb 5,000 square feet or
more of constrained or limited constrained steep slopes:
[1]Â
Environmental Impact statement or report including specifically:
the impact of the proposed development on Highlands regional scenic
resources (if applicable, in adjacent municipalities); 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 article.
[2]Â
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.
(7)Â
Critical Habitat.
(a)Â
Maps identifying Critical Habitat using the Critical Habitat
GIS layers for Critical Wildlife Habitat, as provided in this article.
(8)Â
Prime Groundwater Recharge Areas.
(a)Â
Map identifying Prime Groundwater Recharge Areas as provided
in this article.
(b)Â
For any application proposing to disturb a Prime Groundwater
Recharge Area:
[1]Â
Site analysis and proposed low-impact development techniques pursuant to § 163-106F(3).
[2]Â
PGWRA mitigation plan pursuant to § 163-106F(3)(d).
[3]Â
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]Â
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)Â
Identification and description of any existing or proposed major
potential contaminant source (Appendix B[4]), proposed best management practices pursuant to § 163-106G(3)(a).
[4]
Editor's Note: Appendix B is included as an attachment to
this chapter.
(9)Â
Wellhead protection.
(a)Â
Map identifying Wellhead Protection Areas (WHPAs) and time of
travel tiers as provided in this article. Where more than one WHPA
tier intersects an existing or proposed potential contaminant source
(Appendix B and Appendix C[5]) within a project site, identify the more protective tier
as the applicable tier for that potential contaminant source.
[5]
Editor's Note: Appendix B and Appendix C are included as attachments
to this chapter.
(c)Â
For parcels within a Tier 1 WHPA for which a new or expanded major PCS is proposed, the proposed best management practices pursuant to § 163-106G(3)(a).
(d)Â
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).
(10)Â
Agricultural Resource Areas (ARA).
(a)Â
Map identifying the limits of the ARA as provided in his article.
(b)Â
[For municipal completion:] 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 § 163-106H(3).
(c)Â
For cluster/conservation design development, all submission checklist items as provided at § 163-109D(11), below.
(11)Â
Cluster/conservation design development.
(a)Â
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 0.01 acre.
(b)Â
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)Â
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)Â
Proposed plans applicable to the preservation set aside of the
cluster project area, including:
[1]Â
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]Â
Plans for agricultural or horticultural development, including all information required under § 163-109D(10)(b), above.
[3]Â
Plans for open space preservation, if applicable,
including active or passive recreation amenities.
[4]Â
Proposed conservation restrictions pursuant to § 163-108A(4), identifying intended dedications regarding all preserved portions, including those applicable to any noncontiguous parcels.
(e)Â
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.
A.Â
APPLICABILITY. Except to the extent modified by the provisions of
this article, the existing provisions of the underlying municipal
land use ordinance with respect to appeals, waivers and exceptions
shall remain in full force and effect. This article shall not be construed
to alter the applicable time frames, procedural requirements or criteria
for decisionmaking as set forth under the MLUL, and as provided consistent
therewith in the underlying municipal land use ordinance.
B.Â
APPEALS.
(1)Â
Administrative officer decision. Any order, requirement or decision
of any municipal official made or issued in the course of the enforcement
of the provisions of this article may be appealed to the Zoning Board
of Adjustment in accordance with all applicable provisions of the
MLUL [including but not limited to N.J.S.A. 40:55D-70(a), 40:55D-70.2,
and 40:55D-72 through 40:55D-75].
(2)Â
Interpretations. Requests for interpretation of the maps and various provisions of this article may be made by application to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(b). The Board, in rendering any such decisions shall be guided by the map protocols listed at § 163-104E and the specific language of the article provisions in question. The Board may seek the advice and counsel of the Highlands Council in resolving any matter of interpretation and all final Board decisions shall remain subject to Highlands Council call-up and review provisions as set forth at § 163-109B(2).
(3)Â
"C" Variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(c) shall apply in the consideration of applications seeking such relief from the provisions of this article. Such relief shall apply with respect to the requirements of § 163-105, Zone District Regulations, § 163-106H(3)(a), Agricultural and Horticultural Development, and § 163-108A, Residential Cluster Development, with the exception that for the items listed at Subsection B(5), below, relief shall in addition require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this article or the underlying municipal zoning ordinance will minimize or eliminate adverse impacts to Highlands resources, resource areas, or special protection areas, these benefits shall be given significant weight in the analysis of approval criteria.
(4)Â
"D" Variances. All MLUL criteria applicable to variance relief under N.J.S.A. 40:55D-70(d) shall apply in the consideration of applications seeking such relief from the relevant provisions of this article. Such relief shall apply with respect to the requirements of § 163-105, Zone District Regulations, § 163-106H(3)(a), Agricultural and Horticultural Development, and § 163-108A, Residential Cluster Development, with the exception that for the items listed at Subsection B(5), below, relief shall, in addition, require prior authorization of the Highlands Council. Where certain deviations from the strict application of the provisions of this article or the underlying municipal zoning ordinance will minimize or eliminate adverse impacts to Highlands resources, resource areas, or special protection areas, these benefits shall be given significant weight in the analysis of approval criteria. For purposes of clarification, requests for relief that pertain to specific provisions of this article regarding permitted uses shall be recognizable as requests for "d" variance relief pursuant to N.J.S.A. 40:55D-70(d).
(5)Â
Highlands Council jurisdiction. Relief from any of the following specific provisions of § 163-105 of this article may be granted by the reviewing board or other municipal authority only where a waiver has been issued by the Highlands Council. No such application shall be deemed complete or considered for review by the board or other municipal authority absent such authorization. Applicants seeking any such relief shall make application directly to the Highlands Council.
(a)Â
Prohibited uses: all provisions of § 163-105B(3).
(b)Â
Mandatory residential cluster development: all provisions of § 163-105B(1).
(c)Â
Water availability requirements: all provisions of § 163-105C(3).
C.Â
WAIVERS AND EXCEPTIONS. Relief from any provision of § 163-106 [with the exception of § 163-106H(3)(a)] or § 163-107 of this article shall require issuance of either a Highlands Act waiver or an exception, as provided in this subsection. Highlands Act waivers may be issued only by the Highlands Council. Exceptions may be granted by the reviewing municipal board or authority only where the review standards of this subsection have been satisfied.
(1)Â
Highlands Act waiver provisions. Highlands Act waivers may be issued only by the Highlands Council in accordance with the respective rules and criteria established by each agency in accordance with the provisions of the Highlands Act and the Highlands Regional Master Plan. A Highlands Act waiver shall be required in the event of any application proposing the disturbance of a Highlands resource, resource area or special protection area in excess of, or not in compliance with, that authorized under the applicable provisions of §§ 163-106 and 163-107 of this article. Highlands Act waivers shall also be required for any application proposing: a) use of net or conditional water availability in excess of that authorized by the Highlands Council; b) water deficit mitigation insufficient to comply with mitigation requirements of the Highlands Council pursuant to § 163-106E(7)(b); or c) installation or expansion of a use or structure listed as a PCS at Appendix B or Appendix C[1] [where not otherwise prohibited by use restrictions of § 163-105B(3)] in a manner inconsistent with all provisions and conditions of approval of § 163-106G(3). The issuance of a Highlands Act Waiver shall in no case be construed to alter or obviate the requirements of any other applicable state or local laws, rules, regulations, development regulations, or ordinances.
[1]
Editor's Note: Appendix B and Appendix C are included as attachments
to this chapter.
(2)Â
Municipal exception provisions.
(a)Â
For applications other than those cited at § 163-110C(1), above, the reviewing board or other authority may grant exceptions from the strict application of the provisions of §§ 163-106 and 163-107 of this article only where the applicant demonstrates and the reviewing entity finds that:
[1]Â
The deviation is unavoidable and represents the minimum feasible
under the particular circumstances surrounding the project proposal,
and the grant of relief is reasonable, necessary and supports the
general purpose and intent of the applicable provisions; or
[2]Â
The literal enforcement of the provision(s) of the article at
issue is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
(b)Â
The approval of an exception must be accompanied by a detailed
justification provided in writing, including at a minimum an explanation
of how and to what extent the following conditions are addressed:
[1]Â
The exception addresses Subsection C(2)(a)[1] or [2] above;
[2]Â
The exception provides relief only to the minimum extent necessary;
[3]Â
Other environmental features are not damaged in the process
of protecting the regulated resources; and
[4]Â
No alternative exists that will allow for at least a minimum
practical use of the property (if applicable).
A.Â
ENFORCEMENT. Enforcement of the provisions of this article shall
be the responsibility of the Borough of Chester Zoning Officer, Engineer,
Health Department, Construction Code Official and any other officer
or entity designated by the Borough Administrator or governing body,
as applicable. Enforcement shall occur in the case of any activity,
improvement, or development project that violates any provision of
this article, whether or not subject to a permitting or approval process
pursuant to this article, or the underlying municipal land use ordinances.
B.Â
INSPECTIONS.
(1)Â
Site inspections. The Borough Engineer is authorized to and
shall periodically inspect all project sites for compliance with development
approvals pursuant to this article. The inspector shall in addition:
(a)Â
Verify of baseline conditions in all areas designated for conservation
easements, deed restrictions or other means of resource preservation.
(b)Â
Sequence compliance inspections to ensure the protection of
on-site and off-site resources, achievement of site construction and
environmental impact requirements, placement of conservation easement
monuments, etc.
(c)Â
Verify "as-built" conditions to ensure compliance with all approvals,
conservation easements, deed restrictions or other required means
of resource preservation.
C.Â
ADMINISTRATIVE COMPLIANCE. The Chester Borough Zoning Officer, Construction
Code Official or Borough Engineer, as the case may be, shall be authorized
to issue a stop-work order, revoke building permits, refuse to approve
further work, or deny certificates of occupancy or approval, and to
impose mandatory remedial and corrective measures including full restoration
of any resources that are improperly disturbed.
D.Â
PENALTIES. Civil and criminal penalties for violations of this article
shall be as established in accordance with the Code of the Borough
of Chester.