N.J. Admin. Code § 7:38-6.3
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:38-6.3 - Protecting Highlands preservation area resources from future development(a) Every HPAA shall require a binding conservation restriction as defined in N.J.A.C. 7:38-1.4 on any area of the lot not authorized for development or disturbance under the HPAA that shall permanently preserve the undeveloped and undisturbed portion of the lot in its natural state, except for those activities necessary to maintain the conservation restriction to accomplish the purpose for which the conservation restriction was created.(b) The conservation restriction shall run with the land on which the approved project is located, shall apply to all lots subdivided from that land and sold or transferred to other persons, and shall be binding upon the landowner and his or her successors in interest. To ensure that notice of the conservation restriction is provided to all present and future interested parties, the landowner or contract purchaser receiving the HPAA shall: 1. Record the conservation restriction(s) at the county clerk's office within 10 days after commencement of any work authorized under the HPAA; and2. Ensure that a copy of the conservation restriction is provided to the Highlands Council and to the municipal clerk with a request that it be placed in the file for the lot containing the approved project.(c) A conservation restriction shall be enforceable by the Department, by the Highlands Council, their designated representatives, by a local government unit, or by a charitable conservancy whose trustees have no other interest in the land that is the subject of the restriction.(d) The conservation restriction(s) shall describe and include all regulated features on the property, including all Highlands Resource Areas, stormwater management facilities, any required mitigation and relevant site conditions such as encumbrances or known contamination.(e) A conservation restriction shall include a survey and a metes and bounds description of the entire restricted area. N.J. Admin. Code § 7:38-6.3