2009 Plan Conformance Grant Program County Petition for Plan Conformance Prepared by State of New Jersey Highlands Water Protection and Planning Council in Support of the Highlands Regional Master Plan September 2009 PLAN CONFORMANCE GRANT PROGRAM
COUNTY PETITION FOR PLAN CONFORMANCE
1. Introduction
The Highlands Water Protection and Planning Act (Highlands Act) and the Highlands
Regional Master Plan (RMP) requires that counties with lands in the Preservation Area
petition the Highlands Council for Plan Conformance by 15 months from the effective date
(September 8, 2008) of the Highlands RMP, or December 8, 2009. (Note: With respect to lands
in the Planning Area, counties may voluntarily petition the Highlands Council for Plan Conformance at any
time.) The RMP is a comprehensive planning document that establishes goals, policies and
objectives for planning and managing the development and use of land in the Highlands
Region.
Under Plan Conformance, Highlands counties will incorporate all applicable elements of the
Highlands RMP into county policies, plans and regulations pertinent to the development and
use of land. These will affect areas under authority of the Board of Chosen Freeholders,
such as policies applicable to the operation and management of county facilities, stewardship
of parks and open space, and expenditures on capital improvement projects. In addition,
RMP policies will apply to the county planning program, requiring updates or supplements
to the County Master Plan, various county management plans, and the criteria applicable to
county review of development applications.
The Highlands Council adopted Plan Conformance Guidelines in 2008 that provide an
overview of the requirements and schedule for county Plan Conformance. Recognizing that
the 15 month schedule for submission of petitions for Plan Conformance would not provide
sufficient time for completion of all RMP requirements, the Highlands Council established a
process by which counties may address Plan Conformance in two stages. Basic Plan
Conformance requires implementation of immediate mandatory components of the RMP
(Tasks A through C, addressed through the 2009 Plan Conformance Grant Program), along
with submission of a County Self-Assessment and a Highlands Implementation Plan and
Schedule for all remaining RMP requirements (Task D). These draft documents constitute
the substantive requirements of the Petition for Plan Conformance due by December 8,
2009 for Preservation Area lands, which are discussed in detail within these instructions.
This document provides instructions for the development of a county Petition for Plan
Conformance and the process for Highlands Council review and approval.
This document also outlines requirements and specific instructions for Tasks A through C,
the results of which become part of the Petition. These instructions implement the Plan
Conformance Guidelines and the Plan Conformance Key Requirements for counties
published in 2008 and 2009 by the Highlands Council, which are available through the
following Web links:
http://www.highlands.state.nj.us/njhighlands/master/highlands_plan_conformance_guidelines.pdf
http://www.highlands.state.nj.us/njhighlands/planconformance/conform_county_key_010609.pdf
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Instructions for County Petitions for Plan Conformance
The Highlands Implementation Plan and Schedule will address all remaining requirements
for Plan Conformance. These requirements are discussed in the Plan Conformance
Guidelines. Briefly stated, they include limited changes to the plans and regulations adopted
through Basic Plan Conformance that will implement more detailed planning, such as an
analysis of RMP maps and data applicable to areas under county jurisdiction to determine
the need for RMP Updates, and discretionary Plan Conformance components that facilitate
and support regional initiatives and municipal Plan Conformance, such as resource
management plans.
Upon Highlands Council approval of a Petition for Plan Conformance, the county gains
benefits of Plan Conformance as established by the Highlands Act (as described in the Plan
Conformance Guidelines) and the second stage of Plan Conformance begins.
Accomplishment of tasks required by the Highlands Implementation Plan and Schedule will
maintain the county’s status in Plan Conformance. The Highlands Council’s 2009 Plan
Conformance Grant Program provides financial assistance for the reasonable costs of
development of Tasks A through D including development of the Petition for Plan
Conformance. The Highlands Act provided for continued funding through dedicated funds
so that counties could rely on financial assistance for the reasonable costs of the Highlands
Implementation Plan and Schedule in 2010 and beyond. A grant schedule will be developed
based on the Highlands Implementation Plan and Schedule for each county.
Counties may submit any invoice(s) for work leading up to the submission of the Petition
for Plan Conformance upon receipt of notice from the Highlands Council that the Petition
for Plan Conformance is administratively complete for review. The 2009 Plan Conformance
Grant Program for Highlands Counties provides base grant amounts to be used to prepare
Tasks A through D of up to $20,000, based on Highlands Council guidance and model
materials in a format directly applicable to the counties. Funding for any specific Task may
be augmented, preferably through reallocation of funds within the baseline grant amount of
$20,000. Should a county find that additional funding is necessary beyond the $20,000 base
grant amount for Tasks A through D in order to properly complete the Plan Conformance
requirements, additional funding (not to exceed a total of $50,000 for Tasks A through D)
may be authorized with justification and a formal request to the Executive Director for the
requested supplemental amount. The written request should provide a statement of need,
the rationale for approval of such request, and the specific tasks for which such additional
funding is required. Please see the 2009 Plan Conformance Grant Program for Counties for
additional information. Please note: this process includes stringent timelines to
facilitate county completion of planning to meet the timelines established in the
Highlands Act.
Technical assistance for preparation of the Petition for Plan Conformance is available to
counties, including continued assistance regarding Tasks A through D, as follows:
Task A (Environmental Resource Inventory): Erin Lynam (erin.lynam@highlands.state.nj.us)
Task B (Highlands Element): Judy Thornton (judith.thornton@highlands.state.nj.us)
Task C (Highlands Regulations): James Humphries (james.humphries@highlands.state.nj.us)
Task D (County Self Assessment, Implementation Plan & Petition): Erika Webb Cramer
(erika.webb@highlands.state.nj.us)
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Instructions for County Petitions for Plan Conformance
2. Required Contents of the County Petition for Plan Conformance
A Petition for Plan Conformance is submitted to the Executive Director of the Highlands
Council. The county petition must include the materials listed herein. Upon a finding of
petition completeness (discussed below), the Adobe® pdf files will be posted by the
Highlands Council on its Web site. Submission of the Petition for Plan Conformance
constitutes permission of the county to post these materials.
a) Cover Letter: The cover letter shall identify the portion of the county to which the
Petition for Plan Conformance is applicable (i.e., Preservation Area), designate a
county point of contact (also designated in the petition resolution, see #2.c below),
and a statement that “the county has addressed all requirements of Plan
Conformance to the best of its ability.” Submit: One original with original signature
by the County Executive or the Director of the Board of Chosen Freeholders of the
county, as appropriate, and one Adobe® pdf file of the signed letter.
b) Submittal Checklist: A listing of all materials submitted as part of the petition
(including all required items listed below), and a listing of any materials not
submitted due to approval of a waiver of submittal requirements by the Executive
Director of the Highlands Council.
NOTE: A county may request that the Executive Director of the Highlands Council
waive the submission of specific petition requirements that are not relevant to Plan
Conformance for the county or if particular circumstances do not warrant the
submission. The Highlands Council strongly encourages submission of such
requests prior to submission of the Petition for Plan Conformance to avoid being
deemed administratively incomplete. Where the Executive Director approves such a
waiver, the waiver letter shall be included within the petition.
Submit: One hard copy, one file in Microsoft Excel® or compatible program, and
one Adobe® pdf file. An example of a comprehensive Submittal Checklist is
provided as Appendix A of these instructions in a separate Microsoft Excel® file.
c) Preservation Area Resolution: A certified resolution adopted by the county Board of
Chosen Freeholders petitioning for Plan Conformance for the Preservation Area;
such resolution shall authorize the submission of the Petition documents, and
petition the Highlands Council for a determination of Plan Conformance. Submit:
One certified original and one Adobe® pdf file. A sample resolution is provided as
Appendix B of these instructions.
d) Record of Public Involvement: A summary of public involvement in the 2009 Plan
Conformance Grant Program regarding development of materials for Tasks A
through C, and of the Petition for Plan Conformance in Task D. This component
must include copies of public meeting notices and announcements, meeting agendas
and minutes, and any written comments received pertinent to work sessions, Task
components made available for public review, and public meetings of the county
Board of Chosen Freeholders, County Planning Board and any commissions, as
relevant, held to discuss and receive public comment upon development of the
petition materials. NOTE: As all materials are being submitted in draft form, no
public hearing is required for Tasks A through C (Task B requires a public meeting
only), though a county may voluntarily hold one or more public hearings. Submit:
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Instructions for County Petitions for Plan Conformance
One hard copy and one Adobe® pdf copy of each item. Materials may be combined
into single files for ease of submission, with a cover sheet listing all materials
included.
e) 2009 Plan Conformance Grant Program Documents: Materials from Tasks A
through C (Highlands ERI, Highlands Element and Highlands Regulations) of the
2009 Plan Conformance Grant Program for Highlands Counties. Submit: One hard
copy, one file in Microsoft Word® or compatible program, and one Adobe® pdf file
of each item), and for GIS data, in GIS shapefiles. The documents may not be
combined in the electronic files. Instructions for Tasks A through C are included in
Appendix C.
f) List of Current County Planning Documents, Regulations and Official County Map:
The county shall submit a list of all existing, relevant county planning and regulatory
documents. The list shall include the most current master plan including each
current master plan element, plus master plan reexamination reports (last 10 years);
all land use development review rules and regulations for subdivisions and site plans,
and the official county map (if one exists). Submit: A list of all relevant documents
in Microsoft Word® or compatible program, with the dates of most recent adoption.
Note: The Highlands Council will identify documents that the county has not
submitted previously, and any documents that have been submitted previously but
for which no Adobe ® pdf file is currently available. At the request of the Highlands
Council, counties shall provide an Adobe® pdf format file for each document by
March 1, 2010. Costs of production may be charged to the 2009 Plan Conformance
Grant. In addition, counties may submit one of the following formats for each
document: hard copy, or file in Microsoft Word® or compatible program.
g) County Self-Assessment Report, and Highlands Implementation Plan and Schedule:
Counties shall submit a County Self-Assessment (CSA) Report that summarizes all
draft changes to the county planning and regulatory programs to date (based at a
minimum on the results of Tasks A through C of the 2009 Plan Conformance Grant
Program) and all changes that will remain necessary after Basic Plan Conformance to
achieve Full Plan Conformance with the RMP, as discussed in the Plan
Conformance Guidelines and the Plan Conformance Key Requirements for counties.
The CSA Report should consist of a brief narrative only, with the assessment reliant
substantially upon inclusion of a completed CSA Checklist (provided as Appendix A
of these instructions in a separate Microsoft Excel® file) indicating the status of each
item listed therein.
The status in the completed CSA Report Checklist should describe for each item,
whether the document is complete as provided in the petition or requires additional
work, and if an existing document has been included as a substitution for a Task or
section of any Task. For example, if the county provided an existing Environmental
Resource Inventory with edits to achieve consistency with the RMP instead of the
Highlands Task A – Environmental Resource Inventory. This should be noted, as
appropriate, in the status column of the CSA Report Checklist.
Counties shall also include a draft Highlands Implementation Plan and Schedule,
which provides a listing of items from the CSA Report Checklist that are not
required for Basic Plan Conformance and are not indicated as having been
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Instructions for County Petitions for Plan Conformance
completed. In addition, the county must submit a general approach for achieving
Plan Conformance regarding those items. (NOTE: The draft Schedule will be a
basis for discussion between the Highlands Council staff and the county prior to the
Highlands Council approval of the Petition.) A table for use in support of the
Highlands Implementation Plan and Schedule is provided in Appendix A of these
instructions in a separate Microsoft Excel® file.
The draft Highlands Implementation Plan and Schedule may also include a brief
listing of potential RMP Updates (see #2.i, below), Map Adjustments (see #2.j,
below), requests for State benefits, and other actions that the county proposes for
consideration following a Highlands Council decision to approve or approve with
conditions, the Petition for Plan Conformance. Submit: One hard copy, one file in
Microsoft Word® or compatible program for the CSA Report, one file in Microsoft
Excel® or compatible program for the Highlands Implementation Plan and
Schedule, and one Adobe® pdf file.
h) Additional Supporting Materials: Counties may submit materials beyond those
required for a Petition for Plan Conformance that the county believes will support
the petition. Submit: One hard copy, one file in Microsoft Word® or compatible
program (where available), and one Adobe® pdf file.
i) RMP Updates: Counties may include requests for RMP Updates within their
Petition for Plan Conformance. The Highlands Council may review and decide
upon these RMP Updates as part of its review of the county Petition for Plan
Conformance, or on a schedule that precedes or follows the decision on Plan
Conformance. RMP Updates shall follow the form and procedures established by
the Highlands Council and address all requirements of the RMP (see Chapter 6,
pages 375-377).
j) Map Adjustments: Counties may include requests for Map Adjustments to the RMP
within their Petition for Plan Conformance. The Highlands Council may review and
decide upon these Map Adjustments as part of its review of the county Petition for
Plan Conformance, or on a schedule that precedes or follows the decision on Plan
Conformance. Map Adjustments shall follow the form and procedures established
by the Highlands Council and address all requirements of the RMP (see Chapter 6,
pages 377-380).
3. Submission of County Contact Information
Each county submitting a Petition for Plan Conformance or receiving a Plan Conformance
Grant shall submit county contact information by January 30, 2010, for the Board of Chosen
Freeholders, County Executive (where applicable), clerk, manager/administrator, County
Planning Director, County Engineer, county attorney, planning board chair and attorney,
and designated lead contact regarding the Petition for Plan Conformance. Each county shall
also submit complete contact information by February 28, 2010, for the chairs of any
relevant boards and commissions such as the park commission and the County Agriculture
Development Board, plus a listing of the members for each of these boards and
commissions. The Highlands Council will provide a submittal template and procedures to
all counties in early January.
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Instructions for County Petitions for Plan Conformance
4. Response to Highlands Council Review
Counties may be asked to provide additional information in support of a petition. Such
requests shall be made in writing to the County Executive or to the Director of the Board of
Chosen Freeholders, as appropriate, and the designated county point of contact for the Plan
Conformance process from the Executive Director of the Highlands Council. Such
information requests may occur regarding any of the submittal items discussed above, as a
result of petition review by the Executive Director (or designee) or the Highlands Council,
and shall require a response from the county within a timeframe designated therein. The
review process is outlined in the Plan Conformance Guidelines and discussed in Section 6.,
below. Schedules for responses to the Highlands Council’s comprehensive review of any
petition, will be established by the Highlands Council in the context of the petition review
process. Responses to such requests shall become part of the decision record for Highlands
Council review in consideration of Plan Conformance.
5. Schedule for Completion, Deliverables
Important: Counties shall submit complete petitions for the Preservation Area with receipt
by the Highlands Council at its offices (see below), by no later than close of business (5 PM)
on Tuesday, December 8, 2009. The Highlands Council will post, on the Highlands Council
website, a listing of all petitions received by December 18, 2009.
Deliverables must be submitted by mail or delivered by hand to:
Eileen Swan, Executive Director
Highlands Water Protection and Planning Council
100 North Road (Route 513)
Chester, NJ 07930
6. General Process and Schedule for Highlands Council Action
a) Completeness Review: Highlands Council’s Executive Director shall review all
submitted materials and make a determination as to petition completeness within 60
days of receipt of the Petition for Plan Conformance. The county will be notified
of any incomplete submittals and will be provided an opportunity to submit
information and materials as necessary to achieve a complete petition. Upon a
determination that the petition is complete for review, the Executive Director shall
notify the county, and within 10 days, shall provide public notice of the complete
petition and post the complete petition on the Highlands Council website.
b) Draft Consistency Review and Recommendations Report: The Executive Director
shall prepare a draft county Consistency Review and Recommendations Report
providing a detailed assessment of the Plan Conformance petition, the resulting level
of conformance with the RMP, and further actions necessary for Plan Conformance.
The schedule applicable to provision of such Reports will depend on the number of
petitions being reviewed at the time, but in general is expected to take 45 to 90 days.
c) County Response Period: In the event that any draft Consistency Review and
Recommendations Report recommends rejection of a Petition for Plan
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Instructions for County Petitions for Plan Conformance
Conformance or approval with conditions, a copy of the draft Report shall be
provided to the county prior to commencement of any further action. The Executive
Director shall provide an opportunity for the county to determine whether to amend
its Petition for Plan Conformance in order to rectify the major insufficiencies
identified in the Report. If the county agrees to pursue such an amendment, the
terms and schedule applicable to an amended petition shall be as determined and
authorized by the Executive Director. Any amended petition shall be reviewed by the
Executive Director, who shall prepare an amended draft Consistency Review and
Recommendations Report.
d) Public Notice: The Executive Director shall post the draft county Consistency
Review and Recommendations Report on the Highlands Council website. In
addition, the Executive Director may determine whether a public comment period,
public hearing or both are necessary for the draft county Consistency Review and
Recommendations Report. Where deemed necessary, the Executive Director will
provide public notice of a period for public review and comment, and will establish a
date for a public hearing for the purposes of receiving oral and written testimony.
Where a public hearing is scheduled, the Executive Director or designee will chair
the public hearing.
e) Final Consistency Review and Recommendations: The Executive Director shall
thereafter prepare a final county Consistency Review and Recommendations Report
for consideration by the Highlands Council. The schedule applicable to provision of
such Reports will depend on the volume and complexity of petitions being reviewed
at the time, but in general is expected to take up to 30 days. The final county
Consistency Review and Recommendations Report shall be posted on the Highlands
Council website.
f) Council Review and Decision: The Highlands Council shall determine by resolution,
with an opportunity for public comment, whether the Petition for Plan
Conformance shall be approved, approved with conditions, or rejected. The
Highlands Council determination shall occur within 60 days of receiving the final
Consistency Review and Recommendations Report, unless extended by mutual
consent of the Highlands Council and the county. Where a petition is either
approved with conditions or rejected, the Highlands Council shall provide the basis
for such findings, which inclusive of any conditions, shall be recited within the text
of its adopted resolution or incorporated by reference from the final Consistency
Review and Recommendations Report.
Implementation of the Highlands
Implementation and Schedule will be one requirement of continued Plan
Conformance.
g) Notice: The county will be formally notified of the Highlands Council decision
within 10 business days of adoption of the resolution. The notice shall include the
Highlands Council resolution and, in the case of an approval with conditions, a final
Highlands Implementation Plan and Schedule. Within 15 days of the formal
determination of the Highlands Council, the Executive Director shall provide public
notice of the determination on the Highlands Council website.
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Instructions for County Petitions for Plan Conformance
h) Eligibility for Benefits under the Highlands Act and Regional Master Plan: Where a
Petition for Plan Conformance is approved or approved with conditions, the
Highlands Council resolution will include a determination that the county has met
the requirements for Plan Conformance and is eligible for specific benefits of
conformance under the Highlands Act and RMP (see Plan Conformance Guidelines
for more detail on the benefits). A county that does not meet the conditions may be
determined by the Highlands Council to no longer be in Plan Conformance,
pursuant to the Highlands Act at N.J.S.A. 13:20-14.c. A county may be deemed no
longer in Plan Conformance for either or both, the Preservation Area and the
Planning Area.
i) County Plan Conformance with Conditions of Approval: The Highlands Council
resolution will provide a specific schedule for meeting the procedural conditions
(e.g., final adoption of draft petition materials for Tasks A through C) of Section 6.f
above, and any other conditions required to maintain Plan Conformance. In
addition, the Highlands Council resolution will include a final Highlands
Implementation Plan and Schedule.
Each county shall comply with the conditions for approval set forth in the Highlands
Council resolution with regard to the Preservation Area. When the county has met
the preliminary conditions for Plan Conformance (i.e., Basic Plan Conformance), the
Highlands Council will provide a formal determination of Plan Conformance.
Compliance with the remaining conditions of approval, as set forth within the
Highlands Implementation Plan and Schedule shall be ongoing.
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Instructions for County Petitions for Plan Conformance
Appendix A: Checklists
Provided in a separate Microsoft Excel® file. Counties may copy these tables for use in their
Petitions for Plan Conformance.
-9-
SUBMITTAL CHECKLIST: PETITION FOR COUNTY PLAN CONFORMANCE
GENERAL SUBMISSION ITEMS
1.
Cover Letter. Identifies portion of county for which Plan Conformance required, county point of contact.
2.
3.
5.
Submittal Checklist. This completed Plan Conformance Checklist.
Preservation Area Resolution. Certified governing body resolution submitting a Petition for Plan Conformance.
Record of Public Involvement. A summary of public involvement in the development of materials for the Petition for Plan
Conformance.
2009 Plan Conformance Grant Program Documents. Materials from the results of Tasks A through C (Highlands ERI, Highlands
Element and Highlands Regulations) of the 2009 Plan Conformance Grant Program.
List of Current County Planning and Regulatory Documents. A list of existing relevant county planning and regulatory documents
with the dates of most recent adoption.
6.
7.
8.
(√) or N/A
County Self-Assessment Report. Report discussing: a) progress made toward achieving Plan Conformance as of the date of petition;
b) steps remaining to achieve Full Plan Conformance; and c) general plan and anticipated timeframe for completion (including
Appendix A, Self-Assessment Report Status of Checklist Items).
9.
Implementation Plan and Schedule. Proposed Highlands Implementation Plan and Schedule charting outstanding items on timeline
and specifically indicating the completion and implementation dates for each (including Appendix A Implementation Plan and
Schedule).
10. RMP Updates
p
((Optional).
p
) If applicable,
pp
, updates
p
to RMP maps,
p , charts,, and technical data alongg with verifiable documentation in
support. If none are requested, indicate “N/A,” not applicable.
11. Map Adjustments (Optional). If applicable, requests for changes in Land Use Capability Zone Map designations along with
information, justification, and evidence in support of same. If none are requested, indicate “N/A,” not applicable.
12. Additional Supporting Materials (Optional). Materials in support of Plan Conformance.
12/17/2009
1
Highlands Council
PETITION FOR COUNTY PLAN CONFORMANCE
1.
2.
3.
COUNTY CHECKLIST AND STATUS FOR:
PLANNING PROGRAM DOCUMENTS AND
SELF-ASSESSMENT REPORT
SUBMISSION ITEM
Highlands Environmental Resource Inventory (Task A)
Please indicate if Highlands Model is/will be incorporated
into an existing ERI/NRI
Existing
Document
provided?
(county to
indicate)
(√) or N/A
Plan
Conformance
Document
provided?
(county to
indicate)
(√) or N/A
Level of Preparation
Addresses Basic or Full
Plan Conformance?
(county to indicate)
(√) or N/A
BASIC
FULL
Document Incorporating
Required Material
Self-Assessment Report
Status of Checklist Items
(Please indicate if document is draft or final
and provide comments if necessary)
STATUS
Highlands Element of County Master Plan (Task B)
a. Statement of Policies, Goals and Objectives
b. Land Use Plan Element
c. Conservation Plan Element
i. Forest Resources
ii. Highlands Open Waters and Riparian Areas
iii. Steep Slopes
iv. Critical Habitat
v. Carbonate Rock
vi. Lake Management
vii. Water Resources Availability
viii. Prime Ground Water Recharge Areas
ix. Water Quality
x. Wellhead Protection
xi. Low Impact Development
d. Utility Services Plan Element
e. Land Preservation and Land Stewardship Plan Element
i. Up-to-Date Open Space Inventory and Map
f. Agriculture Retention/Farmland Preservation Plan
Element (if applicable)
i. Up-to-Date Preserved Farmland Inventory & Map
g. County Facilities and Infrastructure Plan Element
h. Sustainable Economic Development Plan Element
(Discretionary)
i. Relationship of Master Plan to State/Regional/Local Plans
Highlands Regulations (Task C)
Highlands Regulations for Development of County
Lands and Facilities
a. Purpose, Scope, Applicability
b. Definitions
c. Highlands Area Regulations
d. Highlands Area Resource Regulations
12/17/2009
2
Highlands Council
PETITION FOR COUNTY PLAN CONFORMANCE
COUNTY CHECKLIST AND STATUS FOR:
PLANNING PROGRAM DOCUMENTS AND
SELF-ASSESSMENT REPORT
SUBMISSION ITEM
Existing
Document
provided?
(county to
indicate)
(√) or N/A
Plan
Conformance
Document
provided?
(county to
indicate)
(√) or N/A
Level of Preparation
Addresses Basic or Full
Plan Conformance?
(county to indicate)
(√) or N/A
BASIC
FULL
Document Incorporating
Required Material
Self-Assessment Report
Status of Checklist Items
(Please indicate if document is draft or final
and provide comments if necessary)
STATUS
i. Forest Resources
ii. Highlands Open Waters and Riparian Resources
iii. Steep Slopes
iv. Critical Habitat
v. Carbonate Rock
vi. Lake Management Area
vii. Water Conservation and Deficit Mitigation
viii. Prime Ground Water Recharge Areas
ix. Wellhead Protection
x. Historic, Cultural, and Archaeological Resources
xi. Scenic Resources
e. Highlands Area General Regulations
i. Low Impact Development
iii. Stormwater Management
iv. Special Environmental Zone
v. Septic System Design and Maintenance
f. Review Procedures
Highlands Completeness Checklist Regulations
4.
5.
Management Plans (Discretionary - Not Required for
Basic Plan Conformance)
a. Water Use and Conservation Management Plan
b. Habitat Conservation and Management Plan
c. Wastewater Management Plan (if applicable)
d. Scenic Resource Management Plan (optional)
e. Regional Stormwater Management Plan (if applicable)
Discretionary Items, List (Optional)
a.
12/17/2009
3
Highlands Council
DRAFT COUNTY IMPLEMENTATION PLAN AND SCHEDULE Applicable?
FOR FULL PLAN CONFORMANCE BY TASK
(√) or N/A
1.
Highlands Environmental Resource Inventory (Task A) –
Adopted
√
2.
3.
4.
Environmental Resource Inventory – Integrated
√
Highlands Element of County Master Plan (Task B) – Adopted
√
Approximate
Budget
(for future use)
Anticipated
Completion
Date
Responsible
Entity
Status and Comments
County Master Plan Elements (if applicable - specific elements
may not be necessary if already exist and adopting Highlands
Element model to supplement existing master plan)
a. Land Use Plan Element (includes Redevelopment Planning)
b. Conservation Plan Element
c. Transportation/Circulation Plan Element
d. Utility Services Plan Element
e. Land Preservation and Land Stewardship Plan Element –
including updated preserved land inventory and map
f. Agriculture Retention/Farmland Preservation Plan Element –
including updated preserved farmland inventory and map
g. County Facilities and Infrastructure Plan Element
i . RMP Update Analysis
ii. Planning Analysis
h. Historic Preservation Plan Element
i. Sustainable Economic Development Plan Element (Discretionary)
5.
Highlands Regulations (Task C) – Adopted (by resolution)
a. Highlands Regulations for Development of County Lands and
Facilities
b. Highlands Completeness Checklist Regulations
6.
7.
Official County Map – (Adopted - if exists) Resource Management Plans and Programs
a. Water Use and Conservation Management Plan
b. Habitat Conservation and Management Plan
c. Wastewater Management Plan (if applicable)
d. Scenic Resource Management Plan (optional)
e. Regional Stormwater Management Plan (if applicable)
8.
RMP Updates (optional)
a.
9.
Map Adjustments (optional)
a.
√
10.
County Planning and Regulatory Documents and Supporting
Materials (based on petition submittals, list separately)
a.
12/17/2009
4
Highlands Council
DRAFT COUNTY IMPLEMENTATION PLAN AND SCHEDULE Applicable?
FOR FULL PLAN CONFORMANCE BY TASK
(√) or N/A
11.
Discretionary Documents or Requests (financial and technical
assistance requests from the county)
a.
12.
13.
Submission of Plan Conformance Grant Application
Submission of Revised Petition (to be determined by the
Highlands Council and the county)
Final Consistency Review and Recommendations Report (to be
determined by the Highlands Council)
14.
12/17/2009
Approximate
Budget
(for future use)
5
Anticipated
Completion
Date
Responsible
Entity
Status and Comments
Highlands Council
Instructions for County Petitions for Plan Conformance
Appendix B: Sample Preservation Area Petition Resolution
STATE OF NEW JERSEY
BOARD OF CHOSEN FREEHOLDERS
COUNTY OF __________
SUBMISSION OF A PETITION FOR PLAN CONFORMANCE
TO THE HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
FOR LAND IN THE PRESERVATION AREA
WHEREAS, the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 et
seq., finds and declares that protection of the New Jersey Highlands is an issue of State level
importance because of its vital link to the future of the State’s drinking water supplies and other
significant natural resources; and
WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the
Highlands Water Protection and Planning Council (Highlands Council) to prepare and adopt a
Regional Master Plan for the Highlands Region; and
WHEREAS, the Highlands Act requires that within nine to 15 months after the effective date of
the Regional Master Plan, September 8, 2008, each county located wholly or partially in the
Preservation Area shall submit revisions to the county master plan and associated regulations, as
applicable to the development and use of land in the Preservation Area, as may be necessary to
conform them with the goals, requirements and provisions of the Regional Master Plan (Plan
Conformance); and
WHEREAS, portions of the County of ________ are located in the Preservation Area of the
Highlands Region as defined by the Highlands Act; and
WHEREAS, the Highlands Council prepared and distributed to the Highlands counties Plan
Conformance Guidelines outlining the process and procedures for petitioning the Highlands
Council for Plan Conformance; and
WHEREAS, the Highlands Council’s Plan Conformance Guidelines also require that a Petition for
Plan Conformance be filed with the Highlands Council no later than December 8, 2009, which
includes a comprehensive package of planning and implementation documents that meet the
requirements of the Highlands Act, the Regional Master Plan and the Highlands Plan Conformance
Guidelines;
NOW, THEREFORE BE IT RESOLVED, that the County of ________ hereby submits this
Petition for Plan Conformance to the Highlands Council for that portion of our jurisdiction lying
within the Preservation Area in accordance with the Highlands Act, the Regional Master Plan, and
the Highlands Plan Conformance Guidelines.
I hereby certify the above to be a true copy of the resolution adopted by the Board of Chosen
Freeholders of the County of ___________ at a regular/special meeting held on __________, 2009.
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Instructions for County Petitions for Plan Conformance
APPENDIX C:
General Instructions for Plan Conformance Tasks A through C:
For Tasks A through C, review and gain an understanding of the model Highlands ERI, Highlands
Element, and the Highlands Regulations as supplements to existing county policies, plans and
regulations. The Highlands model documents should be considered to apply in conjunction with
existing provisions to the maximum extent feasible, and only in the event of conflicts or where the
model Highlands documents are more stringent, to supersede. Where underlying county master plan
language and regulations call for more restrictive land use management or regulation than do the
model Highlands documents, however, they may be retained as the applicable authority.
It is important to note that the draft county Highlands ERI, Element, and Regulations (or fully
revised draft county master plan and regulations) are intended for submission with the Petition for
Plan Conformance. The full petition (inclusive of Tasks A through D) will require county Board of
Chosen Freeholders approval. The Highlands Council thus recommends early involvement by
county Board of Chosen Freeholders members in the County Planning Board review process to help
ensure timely completion and submission of petitions for Basic Plan Conformance.
1. The county shall incorporate provisions of the Highlands ERI, Element and Regulations
(based on the models provided) either as an appendix or addendum to its existing
documents or as integrated within pertinent sections of its existing documents. If a county
chooses this second option, the model Highlands documents need to be incorporated
section-by-section into a proposed revised draft of the appropriate existing county document
(e.g., master plan), inclusive of all pertinent plan elements, exhibits and language indicating
applicability and authoritative hierarchy (in relation to existing provisions), as appropriate.
The integrated text shall be clearly marked or highlighted for Highlands Council review.
Should this alternative be selected, the submission to the Highlands Council must be
provided in an electronic format (see #3 below). All modifications to existing county master
plans or regulations should be indicated as document edits, highlighted by use of available
software editing features.
Due to the limited time available for submission of petitions for Plan Conformance the
Highlands Council advises against this approach. The Highlands Council encourages
counties to address Basic Plan Conformance requirements in the most expeditious, costeffective manner and unless unavoidable therefore, to defer more complex planning
activities such as this option until the immediate concerns of Basic Plan Conformance have
been addressed. Specifically for the ERI, if the county does not have an existing ERI, the
county shall adopt the Highlands ERI as its county ERI.
Please be advised that revisions that change the intent or meaning of the model Highlands ERI, Element, or
Regulations will only be accepted by the Highlands Council if they are found consistent with the intents and
purposes of the Highlands Act and the requirements of the Highlands RMP. Planning professionals
should ensure that County Planning Board members and County Board of Chosen
Freeholder members are made aware of this requirement and that it is clearly stated during
the public meeting(s) held to discuss and consider the draft county Highlands ERI, Element,
and Regulations.
2. Based on the comments, discussion and final consensus reached by the Planning Board and
Board of Chosen Freeholders for Tasks A through C, review the draft county Highlands
ERI, Element, and Regulations. Prepare a mark-up of the Highlands ERI, Element and
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Instructions for County Petitions for Plan Conformance
Regulations to tailor them to the county in terms of name/identification, applicable
circumstances and characteristics, inclusion or exclusion of optional items, and
interconnections with (and if desired, cross-references to) the existing county ERI, master
plan, or regulations as appropriate following the general and specific instructions below.
3. All proposed modifications to the model Highlands document or existing county plans or
regulations relevant to Tasks A through C must be indicated in submissions to the Highlands
Council by use of Microsoft Word® Track Changes for all text insertions or deletions, so
that the Highlands Council may efficiently review the revisions for approval. Where a
section of the Highlands ERI, Element, or Regulations is not relevant to a county (e.g.,
carbonate rock areas for a county that has no carbonate rock geology), the section should be
deleted in Track Changes in its entirety.
4. For all highlighted text, provide insertions where blanks appear (or instructions indicate),
determine portions to be retained or deleted as applicable, and mark up/edit accordingly.
(Title/Signature page may be modified to suit county format/protocols provided that the
public notice statement with date(s) of public meeting(s) is retained. The document need not
be signed or sealed for purposes of submittal to the Highlands Council as part of the
petition for Plan Conformance.)
5. Determine whether any sections of the Highlands ERI, Element or Regulations, or portions
of these documents, are not applicable to the county. Prior to marking for deletion, scan
applicable sections for introduction of terms, acronyms, maps, etc., that may be referenced
or otherwise necessary to support other portions of the documents. Mark the pertinent
Highlands documents or portions thereof for deletion in track changes. (Note that in
Microsoft Word® most numbering updates are automated. Document headings and
numbering have been formatted to enable this feature. See Section 6. Figures and 10. Table
of Contents below to update formatted sections.)
6. Figures. Where the italicized and bracketed text calls for specific Figures, the county shall
copy the map from the source map series provided by the Highlands Council on the CDROM, and paste it into the specified Figure insertion location at the end of the Highlands
ERI and Highlands Element narratives. This process should be performed with document
editing features (e.g., Microsoft Word’s “Track Changes”) turned off, in order to avoid
complications with the insertion process. The county shall also insert the Figure number
within the resource section text to correspond with the Figure section at the end of the
Highlands ERI and Element. Therefore, we recommend that all map insertions occur at one
time.
Note that most exhibits have been provided within the materials that support development
of Task A Highlands ERI. A number of others may be “clipped” from GIS mappings
provided within the Highlands RMP. (See CD’s containing the RMP and Highlands Council
technical documents, previously provided by the Highlands Council.) In certain instances,
the county may need to create maps for the Highlands Element (e.g., Exhibit II, SDRP
Planning Areas & Center Designations (suggested source: State Planning
Commission/Office of Smart Growth)), or update maps provided by the Highlands Council
(e.g., Exhibit Z, Preserved Lands; Exhibit CC, Preserved Farms, SADC Easements, All
Agricultural Uses). In most cases, such documentation of current county conditions will (or
already did) occur during the course of updating municipal inventories with the exception of
lands and facilities under county jurisdiction. Note for the Highlands Element that the
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Instructions for County Petitions for Plan Conformance
county Highlands Area map (Exhibit A) may not be modified absent formal approval by the
Highlands Council. Any other Highlands Council maps that are modified by the county
(based on factual discrepancies in content) should be supported by the county in formal
requests to the Highlands Council for “RMP Updates.” (These may be submitted through
the Highlands Council’s web-based tool, when available, or accompany the Plan
Conformance Petition as described above in Section 2.i.)
7. Text that is not italicized in the narrative (which is derived directly from the RMP and
associated Technical Reports) should not be edited unless it is not relevant to the county (see
3., above) or the county provides justification, but new text may be added (in Word® Track
Changes) within each section, at the county’s discretion.
8. A county may include additional sections, including figures for the Highlands ERI and
Element using the map template provided, but this is not required for Basic Plan
Conformance. The Highlands ERI and Element include all information necessary to
support county Basic Plan Conformance.
9. In instances where existing language of county master plan elements and regulations is more
restrictive than that of the model Highlands ERI, Element, or Regulations and is intended to
remain as the applicable authority, provide modified language as necessary to make the
Highlands model documents consistent, marking inappropriate text for deletion. Such
updates may be made by summary if necessary, with cross-reference(s) to the applicable
section(s) of the existing county master plan elements or regulations. In these instances,
copies of the full text of the applicable sections of existing county master plans and
regulations must be provided as an attachment to the Petition submission to the Highlands
Council.
10. Table of Contents: Update Table of Contents as to both page numbers and headings. (In
Microsoft Word®: right click anywhere in the middle of the Table of Contents field, choose
“Update Field,” then choose “Update entire table” in pop-up menu.) Updating the Table of
Contents, as with the Figure insertions, is best performed with the document editing features
(e.g., Microsoft Word’s “Track Changes”) turned off.
11. Scan document and ensure that all instructional text (i.e., material in italics) is marked for
deletion and all highlighted text to remain is marked to eliminate highlighting.
12. Technical Proficiency and System Requirements: Specific to the Highlands ERI; ESRI
ArcGIS Desktop 9.3 (ArcInfo or Arc Editor Editions). The data review portion of this
process is intended for proficient GIS users with the appropriate software and hardware
for viewing both tabular and spatial attributes in personal (single user) geodatabases.
Operations include overlaying spatial data and viewing metadata.
Professionals are required to be proficient with system requirements specified above. The
lead professionals must be both familiar and experienced with environmental resource
inventories and natural resources management. Familiarity also required with county master
plan elements and regulations, NJDEP Land Use/Land Cover data and open
space/preserved lands related to all levels of government, non-profit organizations and water
supply authorities. Familiarity is required with the NJDEP regulations at N.J.A.C. 7:38,
regarding Highlands Preservation Area standards.
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Instructions for County Petitions for Plan Conformance
13. Completion: The Highlands ERI, Element and Regulations shall be deemed complete upon:
•
•
•
The insertion of all pertinent county information (text) in Word® Track Changes;
The insertion of all specific county data from the Highlands data table; and
The insertion of all specific county maps/figures from the Highlands GIS-based ERI
Maps (for both the ERI and Element).
Specific Discussion and Instructions for Plan Conformance Tasks A through C:
¾ Task A Environmental Resource Inventory
The Highlands Council has provided on CD-ROM a model Highlands ERI along with tabular data.
The Highlands ERI includes resource narrative applicable to the Highlands Region generally, as well
as county-specific data and maps reflective of the particular resources of each Highlands county.
Each section includes a place for the county to insert specific information pertinent to the county, as
discussed below.
Each data insertion section shall include information on the allocation of resources (e.g., acreage) in
the Planning Area and the Preservation Area. The data and maps are required for the Preservation
Area. The Highlands Council recognizes that the RMP was created at a regional scale, and that
additional information available at the county level may also be incorporated to update the model
Highlands ERI.
Counties will be required to submit a Highlands ERI based upon the model Highlands ERI, maps
and tabular data provided to the county on CD-ROM. The Highlands Council has provided
counties with relevant information required for the ERI including the following:
•
Highlands ERI Template (in Microsoft Word® 2007 file);
•
Example ERI for Bedminster Township (in Adobe® .pdf file);
•
Highlands Data Table specific to their county (in Microsoft Excel® 2007 file); and
•
Highlands Geographic Information System (GIS)-based ERI Maps specific to their
county (in .jpeg or Adobe® .pdf format).
The Bedminster Township example is provided so that counties have a clear guide for how the
instructions above will result in a Highlands ERI. The information (data and maps) is shown in
highlighted text, and the maps are specific to Bedminster Township. (NOTE: this example is a
product of the Highlands Council, and may be modified by Bedminster Township to address local
needs and issues. It is based on information from the RMP on preserved lands, wastewater and
public water supply service areas and septic system yield, which may not reflect current municipal
conditions as determined through the municipal build-out process.)
Where the italicized and bracketed text calls for specific data (acreage, etc), the county shall
reference the Highlands data table, provided to the county on the CD-ROM. The county shall copy
the data from the data table, and paste it into the narrative, where specified. The data table is a
composite of five Excel® tables (ERI Data, Critical Wildlife, HDSF, Public Community Water, and
HUC Data). The accompanying Data Dictionary provides detail about each data column and the
information within. It is recommended that the county utilize the Data Dictionary in conjunction
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Instructions for County Petitions for Plan Conformance
with the data table in order to understand which data column matches with the data insertion
sections of the ERI.
¾ Task B Highlands Element
All plan elements of the Highlands Element should be considered as supplements to existing county
master plan elements, where such elements exist. Where the existing county master plan does not
contain certain plan elements, Highlands plan elements are intended to serve as such elements, or as
placeholders, indicating intent to fully develop such elements during Full Plan Conformance.
The Highlands Element provides the rationale and the framework for land use planning,
management and regulation in accordance with the RMP for the development and use of lands
located within the Preservation Area as delineated in the Highlands Act. It is intended to be used as
a supplement to existing county master plans for application to land use and development in the
Preservation Area portion of the county for which Plan Conformance is required.
The model Highlands Element is a single document, which addresses development review functions
of the Planning Board, as well as functions of the Board of Chosen Freeholders regarding land and
facility management under the jurisdiction of the county. The model Highlands Element is written
with the expectation that the Planning Board will adopt it with regard to those functions under the
jurisdiction of the Planning Board, and the Board of Chosen Freeholders will both endorse the
document relative to Planning Board functions and adopt it relative to those additional functions
under the jurisdictions of the Board of Chosen Freeholders. Alternative approval methods may also
be used. Counties may submit the Highlands Element as one single document or may separate the
document to conform to the purview of the County Planning Board and the purview of the county
Board of Chosen Freeholders. If the county wishes to submit two separate documents, the petition
should include two separate Highlands Elements – one for County Planning Board approval and
one for county Board of Chosen Freeholder approval. The Highlands Element submittals must
follow all of the general instructions for both documents.
Counties may also modify the document as necessary to ensure applicability to lands and facilities
under county jurisdiction and for simple re-arrangement or reformatting to achieve consistency with
other county planning documents. It will be important to maintain the meaning of any applicable
language provided in the model Highlands Element however, insofar as it specifically relates to the
various provisions and requirements of the RMP.
Professional Planner Seal & Signature Not Required for Submission. Because the Highlands
Element is being submitted as a draft, the Cover Page need not be signed or sealed by a Professional
Planner. The document remains a DRAFT until such time as the County Planning Board adopts it –
an action not required until after Highlands Council approval of the petition for Basic Plan
Conformance. Professional signatures and seals are required only in accordance with the
requirements of N.J.S.A. 45:14A-12.
Note: The Cover Page indicates that the base Model Highlands Element was prepared and provided to Highlands
counties by the Highlands Council. The signature line remains pertinent only to changes made to the document to tailor
it to local circumstances.
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Instructions for County Petitions for Plan Conformance
¾ Task C Highlands Regulations
There are two regulations for county adoption under Basic Plan Conformance. The first relates to
requirements for county lands and facilities, while the second relates to development reviews by the
County Planning Board.
Regulations for the Development of County Lands and Facilities
The Highlands Regulations for the Development of County Lands and Facilities provides the
guidance and standards for the development of any county lands, facilities, and capital
improvements within the Preservation Area, where such is not exempt from the Highlands Act. A
model document is being provided to the counties under separate cover.
All Highlands Regulations for the Development of County Lands and Facilities should be
considered as supplements to existing county regulations and standards for the development of
County lands and facilities, where such exist. Where existing County standards and regulations for
the development of County lands and facilities do exist; then the more restrictive of any specific
regulations and/or standards contained therein will apply.
The model Highlands Regulations for the Development of County Lands and Facilities is a single
document, intended to apply to the County Preservation Area, which addresses development of
County Lands and Facilities proposed by the County. The model Highlands Regulations for the
Development of County Lands and Facilities are written with the expectation that the Board of
Chosen Freeholders will adopt a resolution requiring any development to any County Lands and
Facilities that are located within the Preservation Area to follow the regulations found therein.
Counties may modify the document as necessary to ensure applicability to lands and facilities under
County jurisdiction and for simple re-arrangement or reformatting to achieve consistency with other
County documents. However, it is necessary to maintain the specific regulatory requirements of any
applicable language provided in the model Highlands Regulations for the Development of County
Lands and Facilities.
Highlands Completeness Checklist Regulations
In nearly all cases, development projects within the Preservation Area that are reviewed by the
County Planning Board will also be reviewed by the municipality. Conformance with the Highlands
RMP will be achieved through the local review and the call-up authority of the Highlands Council.
Where a County Planning Board is involved in the review of a development project within the
Preservation Area that does not require municipal approval, conformance with the Highlands RMP
will be achieved through a completeness checklist requirement adopted by the county. Such
projects would not be deemed complete for review absent a finding by the Highlands Council that
the project is consistent with the RMP.
The county may modify the completeness checklist resolution provided in Appendix D as necessary
to achieve the intended purpose within the County Planning Board review process.
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Instructions for County Petitions for Plan Conformance
APPENDIX D: Completeness Checklist Resolution
STATE OF NEW JERSEY
BOARD OF CHOSEN FREEHOLDERS
________________ COUNTY, NEW JERSEY
RESOLUTION
WHEREAS, the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A.
13:20-1 et seq., finds and declares that protection of the New Jersey Highlands is an issue of State
level importance because of its vital link to the future of the State’s drinking water supplies and
other significant natural resources; and
WHEREAS, the Highlands Act creates a coordinated land use planning system requiring
the Highlands Water Protection and Planning Council (Highlands Council) to prepare and adopt a
Regional Master Plan for the Highlands Region; and
WHEREAS, the Highlands Act requires that within nine to 15 months after the effective
date of the Regional Master Plan, September 8, 2008, each county located wholly or partially in the
Preservation Area shall submit revisions to the county master plan and associated regulations, as
applicable to the development and use of land in the Preservation Area, as may be necessary to
conform them with the goals, requirements and provisions of the Regional Master Plan (Plan
Conformance); and
WHEREAS, portions of the County of ________ are located in the Preservation Area of
the Highlands Region as defined by the Highlands Act; and
WHEREAS, the Board of Chosen Freeholders of the County of ___________
affirmatively seeks to align its master plan and regulations with the policies, goals and provisions of
the RMP as applicable to the Highlands Preservation Area, in full accordance with the requirements
of the Highlands Act;
NOW THEREFORE BE IT RESOLVED, that the Land Development Review
standards of __________ County, titled________________, adopted by Resolution #______,
dated ____________, are herewith amended to incorporate the new section titled, “Highlands
Preservation Area Requirements,” as provided herein following.
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Instructions for County Petitions for Plan Conformance
HIGHLANDS PRESERVATION AREA REQUIREMENTS
Any application to the __________ County Planning Board involving property located within
the Preservation Area of the New Jersey Highlands Region shall neither be deemed complete
nor considered for review by the Planning Board, until or unless one or more of the following,
as applicable, has been submitted to the Planning Board in support of the application:
1. A certified resolution issued by the municipal land use board having jurisdiction in the
matter indicating that the development application proposing the project has received
approval of such local board and is authorized to proceed; or
2. A formal notice of public hearing, provided to the County in accordance with the
requirements of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-12), indicating
that the proposed project is the subject of an application for development which has been
filed with and is scheduled for consideration by the municipal land use board having
jurisdiction in the matter; or
3. In the absence of 1 or 2 above:
a. A Highlands Applicability Determination (HAD) issued by the NJDEP indicating
that the proposed projects is exempt from the requirements of the Highlands Act; or
b. A Highlands Preservation Area Approval (HPAA) issued by the NJDEP; or
c. A Highlands Regional Master Plan Consistency Determination issued by the New
Jersey Highlands Council indicating that the proposed project is consistent with the
Highlands Regional Master Plan.
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by
the Board of Chosen Freeholders in the manner prescribed by law.
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