N.J. Admin. Code § 7:38-2.2

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

Section 7:38-2.2 - "Major Highlands development" regulated by the Department

(a) No person shall commence work on a major Highlands development in the preservation area without first receiving a Highlands Applicability Determination pursuant to 7:38-2.4 and/or a Highlands Preservation Area Approval (HPAA) pursuant to N.J.A.C. 7:38-6. The following activities in the preservation area constitute major Highlands development unless excluded pursuant to 7:38-2.3:

1. Any non-residential development;

2. Any residential development that requires a Department permit, approval, or other authorization pursuant to any of the following statutes, as amended and supplemented: Freshwater Wetlands Protection Act, 13:9B-1 et seq., Water Supply Management Act, 58:1A-1 et seq., Water Pollution Control Act, 58:10A-1 et seq., The Realty Improvement Sewerage and Facilities Act (1954), 58:11-23 et seq., Water Quality Planning Act, 58:11A-1 et seq., Safe Drinking Water Act, 58:12A-1 et seq., or the Flood Hazard Area Control Act, 58:16A-50 et seq.;

3. Any residential development that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by one-quarter acre or more;

4. Any activity that is not a development but that results in the ultimate disturbance of one-quarter acre or more of forest or that results in a cumulative increase in impervious surface by one-quarter acre or more, except as provided in (b) below; or

5. Any capital or other project of a State entity or local government unit that requires one of the permits, approvals, or authorizations listed in (a)2 above or that results in the ultimate disturbance of one or more acres of land or a cumulative increase in impervious surface by one-quarter acre or more.

(b) Under (a) above, for lots created by subdivision after August 10, 2004, ultimate disturbance and cumulative increase in impervious surface shall be calculated as follows:

1. Ultimate disturbance means the total of existing and proposed disturbance on the created lot(s) and all existing disturbance on the remainder lot. For a residential development under (a)3 above where the existing disturbance equals one acre or more, in order to reduce the ultimate disturbance below one acre the applicant may cease all disturbance in a given area, remove all impervious surface and subject that area to a conservation restriction in accordance with 7:38-6.3 so that there will be no continuing or future disturbance.

2. Cumulative increase in impervious surface means all impervious surface placed on the newly created lot(s) and all impervious surface placed on the remainder lot after August 10, 2004.

(c) Agricultural or horticultural uses and development in the preservation area are not regulated as major Highlands development under this chapter.

(d) An HPAA issued under this chapter shall satisfy the requirements for and constitute an approval pursuant to the Freshwater Wetlands Protection Act, 13:9B-1 et seq.; Flood Hazard Control Act, 58:16A-50 et seq.; Water Supply Management Act, 58:1A-1 et seq.; and the Safe Drinking Water Act, 58:12A-1 et seq., for any activity regulated by this chapter.

(e) A person who obtains an HPAA from the Department shall be solely responsible for ensuring that the approved project or activity complies with all requirements in this chapter, regardless of whether others manage, oversee or work on the project. If a permittee sells or otherwise transfers all or part of his or her ownership of a lot prior to completion of all work authorized by an HPAA on that lot, the permittee shall notify the Department in writing by certified mail of the name and address of any new owner, the municipality, county, block and lot sold or transferred to each person, and the date the deed transferring ownership was filed with the municipality, and shall also enclose a copy of the HPAA.

(f) No person shall undertake any regulated activity unless it is specifically identified in a valid HPAA issued for the lot where the regulated activity is undertaken.

N.J. Admin. Code § 7:38-2.2

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a)3, inserted "the ultimate", substituted "one acre or more" for "one or more acres", and deleted the second sentence; in (a)4 and (a)5, inserted "ultimate" and deleted the second sentence; added new (b); recodified former (b) as (c); in (c), inserted "uses and" and substituted "are" for "is"; and recodified former (c) through (e) as (d) through (f).