High Bridge City Zoning Code
ARTICLE XIV
Highlands Planning Area Land Use
[Added 6-23-2011 by Ord. No. 2011-18]
[1]
Editor's Note: For the complete text of the Highlands Land Use Ordinance, refer to Ch. 200, Part 1, Highlands Land Use.
§ 145-1401 Main objectives and key provisions.
The main objectives and key provisions of Ch. 200, Part 1, are as provided hereunder.
A.
Main objectives. To effectuate the policies, goals and objectives of the Borough Highlands Master Plan Element, adopted as a supplement to the municipal Master Plan on May 26, 2011, pursuant to the provisions of the New Jersey Highlands Water Protection and Planning Act (N.J.S.A. 13:20-1 et seq.) ("Highlands Act") and municipal conformance with the Highlands Regional Master Plan. Applicable to the whole of the municipality which lies within the Planning Area only as defined by Section 7 of the Highlands Act, these include, in pertinent part:
(1)
To protect, restore, and enhance the quality and quantity of surface- and groundwaters and to promote conservation of water resources; and
(2)
To protect the natural, scenic, and other resources of the Highlands Region, including but not limited to forests, wetlands, vegetated stream corridors, steep slopes, and critical habitat for fauna and flora; and
(3)
To preserve farmland, historic sites, and other historic resources, and in appropriate locations, to promote the continuation and expansion of agricultural, horticultural, recreational, and cultural uses and opportunities; and
(4)
To promote Brownfield remediation and redevelopment in the Planning Area, where applicable, and to encourage therein smart growth strategies and principles, appropriate patterns of compatible residential, commercial, and industrial development, redevelopment, and economic growth, in or adjacent to areas already utilized for such purposes.
B.
Key provisions. With the exceptions indicated at Subsection C, below, Ch. 200, Part 1, will apply to the whole portion of the municipality which lies within the Planning Area only, as defined by Section 7 of the Highlands Act. It will substantively alter the municipal regulation of land uses, development, and redevelopment activities, and management and protection of resources, including but not limited to water resources, natural resources, agricultural resources, scenic resources, historic, cultural and archaeological resources. The provisions of Ch. 200, Part 1, will apply in conjunction with all other applicable ordinances, rules and regulations of the municipality, but will supersede in the event of conflicting or less restrictive alternate provisions. Specific changes in the municipal land use regulations, effectuated by Ch. 200, Part 1, include:
(1)
Establishment of overlay Highlands zones and sub-zones, Highlands resource areas, and special protection areas, applicable to the whole of the municipality;
(2)
Changes in permitted uses, conditional uses, and prohibited uses within the established overlay zones and areas, applicable zone- and areawide;
(3)
Changes in permitted density and intensity of development, establishing as a basis, availability of water and wastewater utility infrastructure and environmental carrying capacities by Highlands Zone and HUC14 subwatershed, including analysis of net water availability and nitrate dilution capability in support of individual septic systems;
(4)
Establishment of resource regulations applicable to all Highlands resources, resource ares, and special protection areas, including: Forest Resources, Highlands Open Waters and Riparian Resources, Steep Slopes, Critical Habitat, Carbonate Rock, Lake Management, Water Conservation and Deficit Mitigation, Prime Groundwater Recharge, Wellhead Protection, Agricultural Resources, Historic, Cultural and Archaeological Resources and Scenic Resources;
(5)
Establishment of regulations requiring low-impact development, conservation restrictions, stormwater management, and of regulatory provisions concerning septic system design and maintenance, and the installation of new or extended public water systems and wastewater collection and treatment systems;
(6)
Establishment of development application procedures requiring referral of certain applications to the Highlands Council for authorization to proceed required as a condition of completeness.
C.
Exceptions. Chapter 200, Part 1, will not apply to the following:
(1)
Any project or activity eligible for a Highlands Act exemption, as provided by the Highlands Act at N.J.S.A. 13:20-28 (and listed in the full text of Ch. 200, Part 1);
(2)
Any development application approval for a Planning Area project that received lawful approval pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq., MLUL) prior to the effective date of Ch. 200, Part 1, where the approval remains under the protections provided by the MLUL;
(3)
Any development application approval for a Preservation Area project that received lawful approval pursuant to the MLUL since the date of enactment of the Highlands Act (August 10, 2004) but prior to the effective date of Ch. 200, Part 1, where the approval remains under the protections provided by the MLUL; or
(4)
Any of a list of specified exclusions, involving minor or interior improvements to existing structures and activities such as the reconstruction within the same footprint, of any building or structure lawfully existing as of the effective date of Ch. 200, Part 1.
