Washington Warren County
City Zoning Code
City Zoning Code
ARTICLE X
Highlands Area Development
§ 94-101 Applicability.
This article shall apply to any application for development involving lands located within (or partially within) the Borough Highlands Area (as illustrated in Exhibit 1, "Borough of Washington Highlands Area") that seeks approval of a site plan, subdivision, or change in use, where approval of such application would:
A.
For residential development, create three or more dwelling units;
B.
For nonresidential development:
(1)
Result in the ultimate disturbance of one acre or more of land;
(2)
Produce a cumulative impervious surface area of 1/4 acre, or more; or
(3)
Introduce or expand on any of the following land uses/facilities:
(a)
Landfills;
(b)
Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills;
(c)
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials;
(d)
Industrial treatment facility lagoons; or
(e)
Any major or minor potential contaminant source (as identified in Appendix A and Appendix B 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.
All thresholds in Subsections A and B, 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 ordinance shall apply to any and all development in excess of that threshold. Where an application proposes a mixed use, the thresholds in Subsection B, for nonresidential development shall apply to the whole of the project, while that in Subsection A, 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 § 94-104 below.
§ 94-102 Administrative completeness.
A.
Consistency determinations required. No application for development included in § 94-101 above, shall be deemed complete or considered for review by the applicable Borough Land Use Board until and unless the applicant has obtained and provided a copy of:
(1)
A consistency determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan; or
(2)
A consistency determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in § 94-101B below, by the applicant's professional(s) that the application has been since review by the Highlands Council revised to achieve consistency with the Highlands Regional Master Plan.
B.
Findings of inconsistency. Where a Highlands Council consistency determination indicates 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 Borough Land Use Board, until or unless the applicant has obtained from the professional(s) responsible for preparation of the applicant's plans, a certification indicating that to the best of the knowledge and abilities of such professional(s), 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.
Referral waiver. The Borough 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 Borough that:
(1)
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 § 94-103B, below), but eligibility for an exemption has been sufficiently established by the applicant; or
(2)
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(s) responsible for preparation of the applicant's plan 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.
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 paragraph. 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 and the municipality. Absent any such notification from the Highlands Council within that timeframe, 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.
§ 94-103 Exclusions and exemptions.
A.
Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this article:
(1)
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)
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)
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 § 94-104, below); or
(b)
Construction of three or more residential dwelling units (including accessory dwelling units) served by individual on-site septic system(s).
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 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)
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)
Municipal determination. For any application under this article involving Highlands Act Exemptions #4, #6, #7, or #8 (Appendix C[1]), the applicant may request and shall be deemed to have satisfied the evidentiary requirement by obtaining a municipal referral ordinance determination issued by the municipal exemption designee (Appendix D), 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.
[1]
Editor's Note: See 94 Attachment 3.
§ 94-104 Definitions.
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.
Means agricultural or horticultural buildings, structures or facilities with or without flooring, residential buildings and paved areas, but not meaning temporary coverings.
Means 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.
Means 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.
Means a developer submitting an application for development.
Means 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 permits pursuant to section 25 or section 27 of P.L. 1975, c. 291 (C. 40:55D-34 or C. 40:55D-36).
Means the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Means 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: a) 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 b) 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.
Means 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.
Means 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.
Means 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.
Means the New Jersey Highlands Water Protection and Planning Council.
Means all that area within the boundaries of the municipalities listed in subsection a. of section 7 of the Highlands Act.
Means 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.
Means 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.
Means land uses and activities determined by the Highlands Council to pose a major risk of ground water contamination (see Appendix A[1]).
Means land uses and activities determined by the Highlands Council to pose a minor risk of ground water contamination (see Appendix B).
Means the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
New Jersey Department of Environmental Protection.
Means 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.
Means lands within the Highlands Region not within the Preservation Area (N.J.S.A. 13:20-7).
Means that portion of the Highlands Region so designated by subsection b. of section 7 of the Highlands Act.
Means 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 25-year-round residents.
Means 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.
Means the Highlands Regional Master Plan or any revision thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
Means 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.)
Means 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: See 94 Attachment 3.