Rockaway Township City Zoning Code
§ 54-32.3
Exclusions and exemptions.
[Ord. No. O-13-22, § 3]
A.
Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this section:
(1)
The reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this section, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.
(2)
Any improvement or alteration to a building or other structure lawfully existing as of the effective date of this section, 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]
Note: See 42 U.S.C. § 12101 et seq.
(3)
Any agricultural or horticultural use or development that would not result in either:
(a)
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 Subsection 52-32.4, below); or
(b)
Construction of three or more residential dwelling units (including accessory dwelling units) served by individual on-site septic systems.
B.
Exemptions. Any activity, improvement or development project listed and demonstrated to constitute a Highlands Act exemption shall be exempt from the provisions of this section. 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 the following:
(1)
State agency determination. State agency determinations shall include either a Highlands Applicability Determination (HAD) issued by the NJDEP for a Preservation Area proposal, or a Highlands Exemption Determination issued by the Highlands Council for a Planning Area proposal, in either case indicating that the proposal qualifies as a Highlands Act exemption.