Exemptions
& Grandfathering
The activities in (1) through (17) below are exempt
from meeting Highlands regulatory standards as implemented
by DEP. These exemptions do not alter or obviate the requirements
of any other applicable State or local laws, rules, regulations,
development regulations, or ordinances. These exemptions
are found at Section
2.3 of the Highlands rule.
- The construction of a single-family dwelling, for
an individual's own use or the use of an immediate family
member, on a lot owned by the individual on August 10,
2004 or on a lot for which the individual has on or
before May 17, 2004 entered into a binding contract
of sale to purchase that lot;
- The construction of a single-family dwelling on a
lot in existence on August 10, 2004, provided that the
construction does not result in the ultimate disturbance
of more than one acre of land or a cumulative increase
in impervious surface by one-quarter acre or more;
- A major Highlands development that received on or
before March 29, 2004:
- one of the following approvals pursuant
to the "Municipal Land Use Law," :
- Preliminary or final site plan approval;
- Final municipal building or construction
permit;
- Minor subdivision approval where
no subsequent site plan approval is required;
or
- Preliminary or Final subdivision
approval where no subsequent site plan approval
is required; and
- At least one of the following DEP permits,
if applicable to the proposed major Highlands development:
- A permit or certification pursuant
to the "Water Supply Management Act,";
- A water extension permit or other
approval or authorization pursuant to the "Safe
Drinking Water Act,"
- A certification or other approval
or authorization issued pursuant to the "The
Realty Improvement Sewerage and Facilities Act
(1954),"
- A treatment works approval pursuant
to the "Water Pollution Control Act,");
or
- One of the following DEP permits, if
applicable to the proposed major Highlands development,
and if the proposed major Highlands development
does not require one of the permits listed above:
- A permit or other approval or authorization
issued pursuant to the "Freshwater Wetlands
Protection Act," ;
- A permit or other approval or authorization
issued pursuant to the "Flood Hazard Area
Control Act
- The exemption provided c. above applies
only to the land area and the scope of the major
Highlands development addressed by the qualifying
approvals applicable to the project and described
in a-c. above and shall expire:
- If any of those qualifying approvals expire;
- If construction beyond site preparation does
not commence within three years after August
10, 2004; or
- If construction ceases for a cumulative total
of one year after August 10, 2007
- Reconstruction of any building or structure for
any reason within 125 percent of the footprint of the
lawfully existing impervious surfaces on the site,
provided that the reconstruction or redevelopement
does not increase the lawfully existing impervious
surface by one-quarter acre or more. This exemption
shall not apply to the reconstruction of any agricultural
or horticultural building or structure for a non-agricultural
or non-horticultural use;
- Any improvement to a legally existing single-family
dwelling in existence on August 10, 2004, including
but not limited to an addition, garage, shed, driveway,
porch, deck, patio, swimming pool, or septic system
as long as the improvement maintains the use as a single-family
dwelling as defined by code or ordinance in the municipality
in which the dwelling is located and does not permit
the use of the structure as a multiple unit dwelling;
- Any improvement, for non-residential purposes, to
a place of worship owned by a nonprofit entity, society
or association, or association organized primarily for
religious purposes, or a public or private school, or
a hospital, in existence August 10, 2004, including
but not limited to new structures, an addition to an
existing building or structure, a site improvement,
or a sanitary facility;
- An activity conducted in accordance with an approved
woodland management plan issued pursuant to the Farmland
Assessment Act, N.J.S.A.54:4-23.3 or for public lands,
the normal harvesting of forest products in accordance
with a forest management plan approved by the State
Forester;
- The construction or extension of trails with non-impervious
surfaces (use definition of “impervious”
in the act to establish the meaning of non-impervious)
on publicly owned lands or on privately owned lands
where a conservation or recreational use easement has
been established and filed with the deed for the lots
on which the easement exists;
- The routine maintenance and operations, rehabilitation,
preservation, reconstruction, or repair of transportation
or infrastructure systems by a State entity or local
government unit, provided that the activity is consistent
with the goals and purposes of the Highlands Act and
does not result in the construction of any new through-capacity
travel lanes;
- The construction of transportation safety projects
and bicycle and pedestrian facilities by a State entity
or local government unit, provided that the activity
does not result in the construction of any new through-capacity
travel lanes;
- The routine maintenance and operations, rehabilitation,
preservation, reconstruction, repair, or upgrade of
public utility lines, rights of way, or systems, by
a public utility, provided that the activity is consistent
with the goals and purposes of the Highlands Act;
- The reactivation of rail lines and rail beds existing
on August 10, 2004;
- The construction of a public infrastructure project
approved by public referendum prior to January 1, 2005
or a capital project approved by public referendum prior
to January 1, 2005;
- The mining, quarrying, or production of ready mix
concrete, bituminous concrete, or Class B recycling
materials occurring or which are permitted to occur
on any mine, mine site, or construction materials facility
existing on June 7, 2004;
- The remediation of any contaminated site pursuant
to N.J.S.A. 58:10B-1 et seq.;
- Any lands of a federal military installation existing
on August 10, 2004 that lie within the Highlands Region;
and
- A major Highlands development located within an area
designated as Planning Area 1 (Metropolitan), or Planning
Area 2 (Suburban), as designated pursuant to the State
Planning Act, N.J.S.A. 52:18A-196 et seq. as of March
29, 2004, that on or before March 29, 2004 has been
the subject of a settlement agreement and stipulation
of dismissal issued by the Superior Court, or a builder's
remedy issued by the Superior Court, to satisfy the
constitutional requirement to provide for the fulfillment
of the fair share obligation of the municipality in
which the development is located. This exemption shall
expire if construction beyond site preparation does
not commence within three years after receiving all
final approvals required pursuant to the "Municipal
Land Use Law," N.J.S.A. 52:18A-196 et seq.
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