Union Township City Zoning Code
§ 30-30.9
Highlands Open Waters.
[Added 12-17-2025 by Ord. No. 2025-9]
a.
Highlands Open Waters and Buffers. All Highlands Open Waters shall include a minimum 300-foot-wide protection buffer, as measured from the edge of the Highlands Open Waters feature indicated in Exhibit 3.
1.
No disturbances of Highlands Open Waters are permitted except where previously approved by the Highlands Council.
2.
Highlands Open Waters buffers shall be maintained in their undisturbed or pre-existing condition, unless a disturbance is approved in accordance with following:
(a)
Where a NJDEP Letter of Interpretation (LOI) or Highlands Resource Area Determination (HRAD) has been issued delineating the location a wetland, the boundaries of said wetland as identified shall govern. However, the buffer shall be 300 feet irrespective of the buffer identified in the LOI.
(b)
With respect to any wetlands and other Highlands Open Waters features not mapped in Exhibit 3, each shall include a 300-foot-wide protection buffer measured from a delineated wetlands line described in a LOI, from a field-delineated boundary line for other features, or as indicated by a Highlands Resource Areas Determination (HRAD) issued by the NJDEP.
(c)
Any lawful pre-existing structure or improvement located within a Highlands Open Waters protection buffer area 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.
(d)
Disturbances of Highlands Open Waters buffers located in the Existing Community Zone are permitted in previously disturbed areas as follows:
(1)
Agricultural and Horticultural Land Uses. For purposes of Highlands Open Water buffer disturbances in the Existing Community Zone, existing agricultural and horticultural uses, whether or not under active management or operation, shall not be considered "previously disturbed" buffer areas with regard to uses for non-agricultural development.
(2)
Any disturbance in a previously disturbed buffer must be accompanied by the finding that there will be no net loss of functional value of the buffer. This may include the use of mitigation and restoration of the Highlands Open Water Buffer.
(i)
If existing land uses create a natural or developed barrier to the buffer, then the buffer may be considered to be developable.
3.
Protection and Conservation Zone Standards. Disturbances of Highlands Open Waters buffers located in the Protection and Conservation Zone are permitted in previously disturbed areas but in no case shall the remaining buffer be reduced to less than 150 feet from the edge of Highlands Open Waters.
(a)
Agricultural and Horticultural Land Uses. For purposes of Highlands Open Water buffer disturbances in the Protection and Conservation Zone, existing agricultural and horticultural uses, whether or not under active management or operation, shall not be considered "previously disturbed" buffer areas with regard to uses for non-agricultural development.
(b)
Any proposed disturbances must demonstrate full utilization of the following performance standards in the listed order, to demonstrate the necessity of an encroachment into Highlands Open Waters buffers:
(1)
Avoid the disturbance of Highlands Open Waters buffers;
(2)
Minimize impacts to Highlands Open Waters buffers; and
(3)
Mitigate all adverse impacts to Highlands Open Waters buffers so that there is no net loss of the functional value of the buffer.
b.
Riparian Area Standards. Disturbance of any portion of a Highlands Riparian Area, as shown in Exhibit 4, in the Protection Zone is prohibited except for linear development, which shall be permitted only where it has been shown that there is no feasible alternative for the linear development outside of the Riparian Area.
1.
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 Riparian Area.
2.
For proposed linear development that would provide access to an otherwise developable lot, the applicant shall in addition, show that:
(a)
The proposed linear development is the only point of access for roadways or utilities to an otherwise developable lot; and
(b)
Shared driveways are used to the maximum extent possible to access multiple lots.
(c)
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.
