Union Township City Zoning Code
§ 30-30.10
Critical Habitat.
[Added 12-17-2025 by Ord. No. 2025-9]
a.
The location, extent and type of Critical Wildlife Habitat, Certified Vernal Pools and Natural Heritage Priority Sites are those areas defined in § 30-30.19, Definitions, and identified by the NJDEP. Details on the areas may be found on the Highlands Council's interactive map or through the NJDEP.
b.
Critical Wildlife Habitat.
1.
No disturbance is permitted in any Critical Wildlife Habitat as defined in § 30-30.19, Definitions, except in accordance with the following.
2.
A Critical Wildlife Habitat area may be disturbed where a Habitat Suitability Analysis conducted by a qualified professional has been submitted to the Land Use Board, which shall review and confirm findings that:
(a)
The nature of the site is such that it does not provide habitat for species of concern;
(b)
The species of concern are not present on the site during any critical part of their life cycle, do not depend upon the site for food, shelter or breeding, and the habitat or the site is either unsuitable or not critical to species' recovery in the region; or
(c)
Existing land uses present a human, natural or development barrier to the use of the site by species of concern.
(d)
Avoidance of disturbance to species of concern can be achieved through adherence to commonly accepted, species-specific timing restrictions, including but not limited to limitations on the timing of tree clearing, site disturbance and project development.
3.
Where disturbance of any Critical Wildlife Habitat has not been confirmed to be in accordance with the above standards, no disturbance shall be authorized without prior written approval of the Highlands Council.
c.
Certified Vernal Pools.
1.
No disturbance is permitted in any 300-meter buffer of a certified vernal pool.
2.
A Critical Wildlife Habitat area may be disturbed where a Habitat Suitability Analysis conducted by a qualified professional has been submitted to the Land Use Board, which shall review and confirm findings that:
(a)
The nature of the buffer is such that it does not provide habitat for species of concern;
(b)
The species of concern are not present within the buffer during any critical part of their life cycle, do not depend upon the site for food, shelter or breeding, and the habitat or the site is either unsuitable or not critical to species' recovery in the region; or
(c)
Existing land uses create a natural or developed barrier to the use of the buffer by species of concern.
(d)
Avoidance of disturbance to species of concern can be achieved through adherence to commonly accepted, species-specific timing restrictions including but not limited limitations on the timing of tree clearing, site disturbance and project development.
d.
No disturbance is permitted in any New Jersey Department of Environmental Protection Natural Heritage Priority Site.
