[HISTORY:[1] Adopted by the Township Council of the Township of Parsippany-Troy
Hills as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 205, Heating and Ventilation Systems,
adopted 10-28-1986 by Ord. No.
86:72 (ยงย 10-5 of the 1986 Code), was repealed 12-20-2005 by Ord. No. 2005:31.
[Adopted 4-20-2021 by Ord. No. 2021:05]
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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.
A developer submitting an application for development.
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 Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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:
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
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.
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.
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan. The
Parsippany-Troy Hills Highlands Area shall be coterminous with the
municipal boundaries.
The New Jersey Highlands Water Protection and Planning Council.
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.
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.
Land uses and activities determined by the Highlands Council
to pose a major risk of ground water contamination (see Appendix A).
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix B[1]).
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The process by which a municipality revises the Master Plan,
development regulations and other regulations related to the development
and use of land to conform them with the goals, requirements, and
provisions of the Regional Master Plan in accordance with the Highlands
Plan Conformance Guidelines.
Lands within the Highlands Region not within the Preservation
Area (N.J.S.A. 13:20-7).
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.
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 twenty-five-year-round residents.
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.
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
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).
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.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A.ย
This article shall apply to any application for development involving
lands located within (or partially within) the Township Highlands
Area, which is coterminous with the municipal boundaries of the Township,
that seeks approval of a site plan, subdivision, or change in use,
where approval of such application would:
(1)ย
For residential development, create three or more dwelling units
on any tax lot;
(2)ย
For nonresidential development on any tax lot:
(a)ย
Result in the ultimate disturbance of one acre or more of land;
(b)ย
Produce a cumulative impervious surface area of 1/4 acre, or
more; or
(c)ย
Introduce or expand on any of the following land uses/facilities:
[1]ย
Landfills;
[2]ย
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills;
[3]ย
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials;
[4]ย
Industrial treatment facility lagoons; or
[5]ย
Any major or minor potential contaminant source (as identified
in Appendix A and Appendix B[1] of this article, respectively) on lands located within
200 feet of the wellhead of any public community well or public non-community
well, as these are defined at Section 4 below.
[1]
Editor's Note: Appendixes A and B are included as attachments to this chapter.
B.ย
All thresholds in Subsection A(1) and (2), above, shall be interpreted to apply cumulatively over time, beginning as of the effective date of this 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 Subsection A(2) for nonresidential development shall apply to the whole of the project, while that in Subsection A(1) shall apply to the residential component. For purposes of this article, the phrases "application for development," "Highlands Area," "residential development," "ultimate disturbance," and "cumulative impervious surface area" shall be defined as provided at ยงย 205-1 above.
A.ย
Consistency determinations required. No application for development, included in ยงย 205-2 above, shall be deemed complete or considered for review by the applicable Township land use board until and unless the applicant has obtained and provided a copy of:
(1)ย
A consistency determination from the Highlands Council finding that
the application is consistent with the Highlands Regional Master Plan;
or
(2)ย
A consistency determination from the Highlands Council finding that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in ยงย 205-3B below, by the applicant's professional(s) of record that the application has been since review by the Highlands Council revised to achieve consistency with the Highlands Regional Master Plan.
B.ย
Findings of inconsistency. Where a Highlands Council Consistency
Determination finds that an application for development is inconsistent
with the Highlands Regional Master Plan, no such application shall
be deemed complete or considered for review by the applicable Township
land use board having jurisdiction until or unless the applicant has
obtained from the professional engineer or registered architect of
record responsible for preparation of the applicant's site plans
a certification indicating that to the best of their knowledge the
application has been revised to achieve consistency with the Highlands
Regional Master Plan and specifically describing the revisions made
to achieve such consistency.
C.ย
Referral waiver. The Township may issue a waiver from the provisions
of this section where it can be established by the applicant and can
be verified by the designated representative(s) of the Township that:
(1)ย
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act (see ยงย 205-4B, below), but eligibility for an exemption has been sufficiently established by the applicant; or
(2)ย
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional engineer or registered architect of record responsible for preparation of the applicant's site plan, subdivision or change of use shall establish compliance of the above through a formal certification specifically addressing the Highlands resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
D.ย
Highlands Council call-up. All municipal waivers or findings of application
completeness issued pursuant to this section shall be issued in writing,
inclusive of a statement indicating the rationale for the determination.
All such determinations shall be subject to Highlands Council call-up
review and shall specifically include conditions requiring same consistent
with this subsection. The municipality shall within five calendar
days of issuance of all such determinations, provide a copy of the
decision to the applicant and to the Highlands Council. The Highlands
Council call-up review period shall expire 15 calendar days following
its receipt of same. Upon determining to exercise this authority for
call-up review, the Highlands Council shall transmit notice to the
applicant, the Township Zoning Officer and the Township Planner. Absent
any such notification from the Highlands Council within that time
frame, the application shall be considered complete, with the date
of the waiver or application completeness to be as of the date of
first issuance by the municipality.
A.ย
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this article:
(1)ย
The 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.
(2)ย
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, or to otherwise provide accessibility
to the disabled.
(3)ย
Any agricultural or horticultural use or development that would not
result in either:
(a)ย
An 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% to the total land area of a farm management unit. Solar panels shall not be included in any calculation of agricultural impervious cover (all terms as defined in ยงย 205-1); or
(b)ย
Construction of three or more residential dwelling units (including
accessory dwelling units) served by individual on-site septic system(s).
B.ย
Exemptions. Any activity, improvement or development project listed
and demonstrated to constitute a Highlands Act exemption shall be
exempt from the provisions of this article. Formal demonstration of
a Highlands Act exemption for an application for development involving
lands located (or partially located) in the Highlands Area shall consist
of one of the following:
(1)ย
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.
(2)ย
Municipal determination. Upon adoption of the Highlands Area Exemption
Ordinance,[1] , by the Township Council, 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.
[Adopted 4-20-2021 by Ord. No. 2021:06]
This article shall be known and cited as the "Township of Parsippany-Troy
Hills Highlands Area Exemption Ordinance."
The purpose of this article is to set forth the procedural and
substantive requirements by which the municipality will issue Highlands
Act exemption determinations. Such determinations pertain only to
Highlands Act exemptions Nos. 1, 2, 4, 5, 6, 7, and 8. Highlands Act
exemption determinations indicate whether proposed activities, improvements
or development projects affecting lands located within the Township
Highlands Area are exempt from the Highlands Water Protection and
Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.), and are
therefore exempt from the Highlands Water Protection and Planning
Council's ("Highlands Council") Regional Master Plan, the New
Jersey Department of Environmental Protection's (NJDEP) Highlands
Water Protection and Planning Act Rules ("Preservation Area Rules,"
N.J.A.C. 7:38-1 et seq.), and from any amendments to the Township's
Master Plan, development regulations, or other regulations adopted
pursuant to the approval of the Township's petition for plan
conformance by the Highlands Council.
The provisions of this article pertain to activities, improvements
and development projects involving lands located within the Township
Highlands Area. The Highlands Area comprises that portion of the municipality
for which the applicable provisions of the Township Master Plan, land
use ordinances and other pertinent regulations have been deemed by
the Highlands Council to be in conformance with the Highlands Regional
Master Plan (RMP). The Parsippany-Troy Hills Highlands Area shall
be coterminous with the municipal boundaries. The provisions of this
Ordinance shall not be construed to alleviate any person or entity
from the provisions and requirements of any other applicable ordinances,
rules, or regulations of the Township, or from any other applicable
law, regulation, or requirement of any county, state, or federal authority
having jurisdiction. Nor shall the provisions of this Ordinance deprive
any person or entity from seeking a Highlands exemption determination
from the NJDEP or the Highlands Council.
This article is adopted under the authority of the Highlands
Act and the New Jersey Municipal Land Use Law ("MLUL", N.J.S.A. 40:55D-1
et seq.). In the Highlands Act, the Legislature identified numerous
categories of activities that are exempt from the Act, the RMP, the
Preservation Area Rules, and any amendments to a Master Plan, development
regulations, or other regulations adopted by a local government to
conform them to the RMP. See N.J.S.A. 13:20-28. The Legislature granted
the Highlands Council the authority to administer the plan conformance
process and to approve, reject, or approve with conditions municipal
plan conformance petitions. See N.J.S.A. 13:20-14 through 13:20-15.
The Legislature, through the MLUL, granted authority to New Jersey
municipalities to govern land use and development within their borders
and, through the Highlands Act, established requirements for Highlands
municipalities to conform their land use and development regulations
with the RMP. In a July 19, 2012, memorandum of understanding (MOU)
between the Highlands Council and the NJDEP, the Council and the NJDEP
recognized the circumstances in which it would be appropriate for
conforming, Highlands Council-certified municipalities to make determinations
regarding specified Highlands Act exemptions.
A.ย
Terms used in the body of this article which are defined by the Highlands
Act (N.J.S.A. 13:20-3) 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 meaning 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.ย
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
BUILDING PERMIT
CONSTRUCTION PERMIT
DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
(1)ย
(2)ย
ENVIRONMENTAL LAND USE OR WATER PERMIT
FARM MANAGEMENT UNIT
FARMSITE
FOREST MANAGEMENT PLAN
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR HIGHLANDS DEVELOPMENT
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLANNING AREA
PRESERVATION AREA
SOLAR PANEL
STRUCTURE
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 (N.J.S.A. 13:20-3).
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
(N.J.S.A. 13:20-3).
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 (N.J.S.A. 13:20-3).
Any entity applying to the Board of Health, Planning Board,
Zoning Board of Adjustment, Zoning Officer, Construction Official
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 Article 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 Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
Used interchangeably with the term "construction permit";
see definition below.
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.
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
(N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation
(N.J.S.A. 13:20-3).
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:
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
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.
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).
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 (N.J.S.A. 13:20-3).
A farm management unit as defined above.
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 (RMP, Glossary).
A determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4)
indicating whether a project proposed for the Preservation Area is
a major Highlands development, whether any such major Highlands development
is exempt from the Highlands Act, and whether the project is consistent
with the applicable, areawide water quality management plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands RMP. The Parsippany-Troy
Hills Highlands Area shall be coterminous with the municipal boundaries.
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 (N.J.S.A. 13:20-3).
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
(N.J.S.A. 13:20-3).
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.
Except as otherwise provided pursuant to Subsection a of
Section 30 of the Highlands Act ("Exemptions"): 1) any nonresidential
development in the Preservation Area; 2) any residential development
in the Preservation Area that requires an environmental land use or
water permit (from the NJDEP, see definition above), or that results
in the ultimate disturbance of one acre or more of land or a cumulative
increase in impervious surface by 1/4 acre or more; 3) any activity
undertaken or engaged in the Preservation Area that is not a development
but results in the ultimate disturbance of 1/4 acre or more of forested
area or that results in a cumulative increase in impervious surface
by 1/4 acre or more on a lot; or 4) any capital or other project of
a state entity or local government unit in the Preservation Area that
requires an environmental land use or water permit (from the NJDEP,
see definition above), or that results in the ultimate disturbance
of one acre or more of land or a cumulative increase in impervious
surface by 1/4 acre or more. Major Highlands development shall not
include any agricultural or horticultural development or agricultural
or horticultural use. Solar panels shall not be included in any calculation
of impervious surface (as defined by the Highlands Act, N.J.S.A. 13:20-1
et seq., as amended).
For purposes of this article, all references to the "Township
Master Plan," "master plan," or "Master Plan," refer to the municipal
Master Plan, as defined in the MLUL (N.J.S.A. 40:55D-5), as adopted
by the Township Planning 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."
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
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.)
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.)
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 (N.J.S.A. 13:20-3).
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.
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.
A.ย
Highlands Area. The Township 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.
For purposes of this article, the Township Planning Area is coterminous
with the boundaries of the Township.
B.ย
Applicability specified. This article applies specifically and solely
to lands designated as the Township Highlands Area.
A.ย
Section 30 of the Highlands Act identifies as exempt specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including, but not limited to, zoning permit applications, building permit applications, and applications for development (as defined herein). Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township's Master Plan, development regulations, or other regulations adopted pursuant to the approval of the Township's petition for plan conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township pursuant to the Highlands Council's approval of the Township's petition for plan conformance. Where any application submitted to the municipality for approval proposes to rely upon a Highlands Act exemption, the applicant must, as a condition of application completeness, and prior to review or approval of the application by the applicable municipal authority, provide sufficient evidence that the proposed activity, improvement, or development project in fact qualifies as a Highlands Act exemption. Such evidence shall consist of either a state agency exemption determination or a municipal exemption determination (see Subsections B or C) indicating that the proposed activity, improvement, or development project qualifies for a Highlands Act exemption.
B.ย
State agency exemption determination. State agency exemption determinations shall consist of a Highlands exemption determination issued by the Highlands Council for a Planning Area development proposal. State agency determinations may be requested with regard to any Highlands Act exemption; however, for applications involving any exemption not identified in ยงย 205-12 below, a state agency exemption determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any state entity or local government unit, or for any other publicly owned or controlled land or facility, also must request a state agency exemption determination.
C.ย
Municipal exemption determination. For an application involving any of the specific exemptions listed in ยงย 205-12 below, the applicant may request a municipal exemption determination. The applicant may rely upon the findings of a municipal exemption determination to the same extent as would apply to an exemption determination issued by the Highlands Council or the NJDEP.
Effective as of the date on which the municipality receives
written authorization from the Highlands Council to proceed, an applicant
may seek a municipal exemption determination for the Highlands Act
exemptions listed hereunder.
A.ย
Exemption No. 1. The construction of a single-family dwelling, for
an individual's own use or the use of an immediate family member,
on a lot owned by the individual on the date of enactment of the Highlands
Act (August 10, 2004) or on a lot for which the individual entered
into a binding contract of sale to purchase on or before May 17, 2004.
B.ย
Exemption No. 2. The construction of a single-family dwelling on
a lot in existence on the date of enactment of the Highlands Act (August
10, 2004), provided that the construction does not result in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more.
(1)ย
A municipal exemption determination indicating that an applicant qualifies under Highlands Act Exemption No. 2 shall require approval and filing of a deed notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the municipal exemption determination (see ยงย 205-14E below). Municipal exemption determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved deed notice.
C.ย
Exemption No. 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.
(1)ย
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. Any determination of whether the
expansion of impervious cover meets the statutory criteria for the
exemption must account for the preexisting impervious cover, and such
expansion must be contiguous to the location of the existing impervious
cover. See In re August 16, 2007, Determination of NJDEP ex rel. Christ
Church, 414 NJ Super. 592 (App. Div. 2010), certif. denied, 205 NJ
16 (2010).
(2)ย
For Planning Area determinations, the date of lawful existence shall
coincide with the effective date of the municipally adopted Highlands
Area Checklist Ordinance or Highlands Area Land Use Ordinance, whichever
is earlier.
D.ย
Exemption No. 5. Any improvement to a single-family dwelling in existence
on the date of enactment of the Highlands Act (August 10, 2004), including,
but not limited to, an addition, garage, shed, driveway, porch, deck,
patio, swimming pool or septic system.
E.ย
Exemption No. 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.
F.ย
Exemption No. 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 (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.
G.ย
Exemption No. 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.
Municipal exemption determinations regarding Highlands Act exemptions
shall be issued by the Township Planner or Zoning Officer ("exemption
designees"). The exemption designees shall be authorized to issue
municipal exemption determinations on behalf of the municipality,
and shall only begin to do so, after satisfactory completion of a
Highlands Council training class for which the individual(s) has/have
received formal certification from the Highlands Council.
A.ย
Updates to training certification. In the event of programmatic changes,
updated information, or modifications to procedures, updated training
certification may be required of exemption designees in order to maintain
qualifications for providing municipal exemption determinations. The
Highlands Council will provide training modules on an as-needed basis,
to provide base training to new employees, and/or to further the expertise
of already-certified individuals. Exemption designees and the municipalities
they serve will be advised of any need for upgraded training, which
will be provided and funded by the Highlands Council.
B.ย
Interim determinations. For the duration of any period during which the municipality is without a qualified exemption designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the NJDEP or the Highlands Council for a state agency determination pursuant to ยงย 205-11C above.
A.ย
Municipal exemption applications. Requests for municipal exemption determination shall be submitted on forms provided by the by the Zoning Department and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption, appear at ยงย 205-18, below.
B.ย
Completeness determination. The exemption designee shall review the
application and all accompanying materials to determine whether sufficient
information has been submitted to make a determination on the application.
In the event of a finding that the application is incomplete, the
exemption designee shall, within 10 business days of receipt, issue
such findings, in writing, to the applicant, indicating what information
is required to properly consider the application.
C.ย
Time for determination. The exemption designee shall issue municipal
exemption determinations within 20 business days of receipt of a complete
application. The exemption designee may consult with the Executive
Director (or applicable designee) of the Highlands Council as needed
in making any exemption determination. In such circumstance, the exemption
designee shall seek such assistance within the twenty-day period and
shall issue the determination within at least 10 business days of
receiving the requested guidance. In no case shall failure to meet
this date constitute approval of the exemption.
D.ย
Determinations. All municipal exemption determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any municipal exemption determination certifying to the applicability of Highlands Act Exemption No. 2 shall be contingent upon submission of proof of filing of the required deed notice, as set forth at Subsection F below.
E.ย
Notice of determination required. The exemption designee shall provide
copies of all municipal exemption determinations, including a copy
of the full application, to the Highlands Council within 10 business
days of issuance.
F.ย
Deed notice for Exemption No. 2. Any municipal exemption determination that certifies to the applicability of Highlands Act Exemption No. 2 (ยงย 205-12B above) shall be issued conditionally, pending fulfillment of the requirement that a deed notice be recorded in the office of the County Clerk or Register, as applicable, indicating the extent of the exemption that has been consumed. The deed notice shall incorporate each of the components listed below, and the applicant shall provide a copy of the filed deed notice to the Highlands Council within five business days of filing.
(1)ย
Clear identification of the name(s) and address(es) of the owner(s)
in fee of the property;
(2)ย
Designated tax block and lot number(s), street address(es), municipality
and county of location of the property;
(3)ย
Reference to the municipal exemption determination (by date, numbering
if applicable) issued and under which the deed notice is being filed;
(4)ย
Description of the approved area of ultimate disturbance and the
impervious surface area, with verification that these remain below
the statutory limits;
(5)ย
For properties of one acre or more in area, metes and bounds delineation
indicating the portion of the property for which the ultimate disturbance
has been authorized;
(6)ย
Agreement to abide by the ultimate disturbance and impervious surface
limits imposed, any furtherance thereof rendering the municipal exemption
determination null and void; and
(7)ย
Notice that the owner(s) and subsequent owner(s) and lessees shall
cause all leases, grants, and other written transfers of interest
in the property to contain provisions expressly requiring all holders
thereof to take the property subject to the limitations therein set
forth.
A municipal exemption determination may be appealed by any affected
person/entity by filing a notice of appeal within twenty business
days of issuance or receipt of said determination, whichever is later,
specifying the grounds therefor. Appeals must be filed with the Highlands
Council in the case of any Planning Area exemption. All appeals shall
be copied to the exemption designee, who shall immediately transmit
to the Highlands Council, as applicable, copies of the notice of appeal,
the municipal exemption determination application, and all supplemental
materials constituting the record that the exemption designee relied
upon in issuing the municipal exemption determination. Where the municipal
exemption determination deems an activity, improvement or development
project exempt, the filing of an appeal to the Highlands Council shall
stay all proceedings in furtherance of its approval by the municipality.
Issuance of a municipal exemption determination that certifies
to the applicability of a Highlands Act exemption shall recognize
the applicant's exemption from the provisions of the RMP, NJDEP
Preservation Area Rules, and any municipal ordinances and requirements
adopted under the authority of the Highlands Act to achieve Highlands
Plan conformance. The exemption is restricted solely to the extent
of the specified activity, improvement, or development project as
described in the language of the Highlands Act exemption, or to any
lesser activity, improvement, or development project as proposed and
certified through a municipal exemption determination application.
Any activity, improvement, or development project, or any part thereof,
that is not specifically listed as an exemption or exceeds the limits
of an exemption, remains subject to all of the above regulatory programs
to the full extent of the respective applicability of each. Issuance
of a Highlands exemption determination shall not relieve the applicant
from securing all other required federal, state, or local approvals.
There shall be a $35 application fee for any application for
municipal exemption determination. The Township Council may increase
this application fee from time to time by duly adopted resolution.
All applications shall be accompanied by the municipal exemption
determination application form, the applicable fees, and the information
listed below, as applicable to the particular exemption or exemption(s)
being sought by the applicant. All references to professional preparers
indicated herein shall be 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, including, but not
limited to, the MLUL (N.J.S.A. 40:55D-1 et seq.) and Title 13 of the
New Jersey Administrative Code, Law and Public Safety. Where the exemption
designee finds that any submission item is not necessary to address
the evidentiary requirements that must be satisfied for issuance of
an exemption determination, either because alternate items have been
provided by the applicant, or the relevant information is readily
available through records, maps, or any other documents on file in
the offices of the municipality, the exemption designee may waive
the applicant's obligation to submit such information.
A.ย
Exemption No. 1.
(1)ย
A copy of a deed, closing or settlement statement, title policy,
tax record, mortgage statement or any other official document showing
that the lot was legally owned by the applicant on or before August
10, 2004, and indicating the lot and block as designated by the municipal
tax mapping, the municipality and county in which the lot is located,
and the street address;
(2)ย
If the applicant did not own the lot, a copy of the binding contract
of sale executed by the seller and the applicant on or before May
17, 2004, for the lot on which the house is to be constructed; and
(3)ย
A certification by the applicant stating that the single-family dwelling
proposed for construction on the lot specified and described therein
by tax lot and block, municipality and county of location, and street
address, is intended for the applicant's own use or the use of
an immediate family member as identified therein by name and relationship
to the applicant.
B.ย
Exemption No. 2.
(1)ย
A copy of the recorded deed or plat showing that the lot was created
on or before August 10, 2004, or proof of subdivision approval on
or before August 10, 2004;
(2)ย
A property survey certified by a licensed New Jersey professional
land surveyor indicating the property boundary lines and overall lot
size, and showing what structures currently exist on the lot, if any;
(3)ย
A parcel plan certified by a licensed New Jersey professional engineer
showing all existing and proposed development, including all structures,
grading, clearing, impervious surface and disturbance, and including
the calculations supporting the claim that impervious surfaces and
areas of disturbance are within the limits necessary for Exemption
No. 2; and
C.ย
Exemption No. 4.
(1)ย
A parcel plan certified by a licensed New Jersey professional engineer
depicting:
(a)ย
All existing property improvements, including all structures,
grading, clearing, impervious surfaces and limits of disturbance,
lawfully existing on the site as of the effective date of the municipal
Highlands Area Checklist Ordinance or Highlands Area Land Use Ordinance,
whichever is earlier; and
(b)ย
All proposed development, including all structures, impervious
surfaces, clearing limits, and limits of disturbance, including grading;
and
(2)ย
A copy of any official documentation of the original date of construction
of the building or otherwise establishing the lawfulness of existing
impervious surfaces.
D.ย
Exemption No. 5.
(1)ย
A copy of any official documentation proving the single-family dwelling
was in existence on August 10, 2004;
(2)ย
A description of the proposed improvement; and
(3)ย
A certification from the applicant that the property and all improvements
will continue to be used for single-family dwelling purposes.
E.ย
Exemption No. 6.
(1)ย
A copy of any official documentation indicating that the place of
worship, public or private school or hospital was in existence on
August 10, 2004;
(2)ย
For improvements to a place of worship, documentation showing that
the entity, society or association, or association organized primarily
for religious purposes has nonprofit status;
(3)ย
A site plan certified by a licensed New Jersey professional engineer
depicting:
(a)ย
All existing property improvements, including all structures,
grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
(b)ย
All proposed development, including all structures, impervious
surfaces, clearing limits, and limits of disturbance, including grading.
F.ย
Exemption No. 7.
(1)ย
For a private landowner with an approved woodland management plan
or forest stewardship plan:
(a)ย
A copy of the applicant's tax bill showing that the site
has farmland assessment tax status under the New Jersey Farmland Assessment
Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
(b)ย
A brief description of the total area of woodlands that is the
subject of the approved woodland management plan or forest stewardship
plan;
(c)ย
A brief description of the length of time that the area to be
managed has been in use for woodland management or forest stewardship
plan; and
(d)ย
A copy of the approved woodland management plan or forest stewardship
plan.
(2)ย
For the normal harvesting of forest products in accordance with a
forest management plan or forest stewardship plan approved by the
State Forester:
(a)ย
A brief description of the total area where the normal harvesting
of forest products occurs;
(b)ย
A brief description of the length of time that the area to be
managed has been in use for normal harvesting of forest products;
and
(c)ย
A copy of a forest management plan or forest stewardship plan
approved by the State Forester.
G.ย
Exemption No. 8.
(1)ย
A site plan certified by a licensed New Jersey professional engineer
showing the proposed trail construction with details including the
location and width of existing and proposed trails and those off-site
trails to which they connect, if any;
(2)ย
A written description of the nonimpervious materials to be used;
and
(3)ย
For privately owned property, a copy of a deed for the property and
the conservation or recreational use easement of the property.