N.J. Admin. Code § 7:38-2.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:38-2.1 - Jurisdiction

(a) This chapter applies geographically to the preservation area of the Highlands Region and to the planning area as provided in 7:38-1.1. As set forth in the Highlands Act at N.J.S.A. 13:20-7a, the Highlands Region consists of all that area within the boundaries of the following municipalities:

1. In Bergen County: Mahwah and Oakland;

2. In Hunterdon County: Alexandria, Bethlehem, Bloomsbury, Califon, Clinton Town, Clinton Township, Glen Gardner, Hampton, High Bridge, Holland, Lebanon Borough, Lebanon Township, Milford, Tewksbury, and Union;

3. In Morris County: Boonton Town, Boonton Township, Butler, Chester Borough, Chester Township, Denville, Dover, Hanover, Harding, Jefferson, Kinnelon, Mendham Borough, Mendham Township, Mine Hill, Montville, Morris Plains, Morris Township, Morristown, Mount Arlington, Mount Olive, Mountain Lakes, Netcong, Parsippany-Troy Hills, Pequannock, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury, Victory Gardens, Washington, and Wharton;

4. In Passaic County: Bloomingdale, Pompton Lakes, Ringwood, Wanaque, and West Milford;

5. In Somerset County: Bedminster, Bernards, Bernardsville, Far Hills, and Peapack-Gladstone;

6. In Sussex County: Byram, Franklin, Green, Hamburg, Hardyston, Hopatcong, Ogdensburg, Sparta, Stanhope, and Vernon; and

7. In Warren County: Allamuchy, Alpha, Belvidere, Franklin, Frelinghuysen, Greenwich, Hackettstown, Harmony, Hope, Independence, Liberty, Lopatcong, Mansfield, Oxford, Phillipsburg, Pohatcong, Washington Borough, Washington Township, and White.

(b) As set forth in the Highlands Act at N.J.S.A. 13:20-7b, the preservation area in the Highlands Region consists of that area within the boundaries described in N.J.S.A. 13:20-7b(1).

(c) In accordance with the Highlands Act at N.J.S.A. 13:20-7b(2), the following apply regarding the preservation area:

1. Except as otherwise provided in N.J.S.A. 13:20-7b(1), any natural geographic feature, including a river, stream, or brook, used in N.J.S.A. 13:20-7b(1) for the boundary description of the preservation area shall be considered to lie totally within the preservation area.

2. Except as otherwise provided in N.J.S.A. 13:20-7b(1), any road, railroad, or railroad right-of-way used in N.J.S.A. 13:20-7b(1) for the boundary description of the preservation area shall be considered to lie outside of the preservation area.

3. The use of property block and lot designations in N.J.S.A. 13:20-7b(1) include or exclude property from the preservation area.

4. Where a survey gore exists between a property boundary depicted on a municipal tax map and the limits of a surveyed property noted in N.J.S.A. 13:20-7b(1), the surveyed property boundary description shall be considered to constitute the preservation area boundary.

5. The preservation area shall not include any land located within the boundaries of any regional center or town center designated by the State Planning Commission pursuant to the State Planning Act, 52:18A-196 et seq., as of August 10, 2004, except to the extent necessary as set forth in the boundary description of the preservation area in N.J.S.A. 13:20-7b (1) to reflect appropriate and nearest practicable, on-the-ground, and easily identified reference points.

(d) The planning area shall consist of all that area of the Highlands Region not within the preservation area.

N.J. Admin. Code § 7:38-2.1

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In the introductory paragraph of (a), inserted "and to the planning area as provided in N.J.A.C. 7:38-1.1" and substituted "Region" for "region"; in (b), substituted "preservation area" for "Preservation Area"; and in (d), substituted "Region" for "region".