New Jersey § 13:20-3

§ 13:20-3.

As used in this act: “ Agricultural or horticultural development ” means construction for the purposes of supporting common farmsite activities, including

but not limited to: the production, harvesting, storage, grading, packaging, processing,

and the wholesale and retail marketing of crops, plants, animals, and other related

commodities and the use and application of techniques and methods of soil preparation

and management, fertilization, weed, disease, and pest control, disposal of farm waste,

irrigation, drainage and water management, and grazing; “ Agricultural impervious cover ” means agricultural or horticultural buildings, structures, or facilities with or

without flooring, residential buildings, and paved areas, but shall not mean temporary

coverings; “ Agricultural or horticultural use ” means the use of land for common farmsite activities, including but not limited

to: the production, harvesting, storage, grading, packaging, processing, and the

wholesale and retail marketing of crops, plants, animals, and other related commodities

and the use and application of techniques and methods of soil preparation and management,

fertilization, weed, disease, and pest control, disposal of farm waste, irrigation,

drainage and water management, and grazing; “ Application for development ” means the application form and all accompanying documents required for approval

of a subdivision plat, site plan, planned development, conditional use, zoning variance,

or direction of the issuance of a permit pursuant to the “Municipal Land Use Law,”

P.L.1975, c. 291 ( C.40:55D-1 et seq. ) or R.S.40:27-1 et seq. , for any use, development, or construction; “ Capital improvement ” means any facility for the provision of public services with a life expectancy of

three or more years, owned and operated by or on behalf of the State or a political

subdivision thereof; “ Construction beyond site preparation ” means having completed the foundation for a building or structure, and does not

include the clearing, cutting, or removing of vegetation, bringing construction materials

to the site, or site grading or other earth work associated with preparing a site

for construction; “ Construction materials facility ” means any facility or land upon which the activities of production of ready mix

concrete, bituminous concrete, or class B recycling occurs; “ Council ” means the Highlands Water Protection and Planning Council established by section

4 of this act; “ Department ” means the Department of Environmental Protection; “ Development ” means the same as that term is defined in section 3.1 of P.L.1975, c. 291 ( C.40:55D-4 ); “ Development regulation ” means the same as that term is defined in section 3.1 of P.L.1975, c. 291 ( C.40:55D-4 ); “ Disturbance ” means the placement of impervious surface, the exposure or movement of soil or bedrock,

or the clearing, cutting, or removing of vegetation; “ Environmental land use or water permit ” means a permit, approval, or other authorization issued by the Department of Environmental

Protection pursuant to the “Freshwater Wetlands Protection Act,” P.L.1987, c. 156

( C.13:9B-1 et seq. ), the “Water Supply Management Act,” P.L.1981, c. 262 ( C.58:1A-1 et seq. ), the “Water Pollution Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ), “The Realty Improvement Sewerage and Facilities Act (1954),” P.L.1954, c. 199 ( C.58:11-23 et seq. ), the “Water Quality Planning Act,” P.L.1977, c. 75 ( C.58:11A-1 et seq. ), the “Safe Drinking Water Act,” P.L.1977, c. 224 ( C.58:12A-1 et seq. ), or the “Flood Hazard Area Control Act,” P.L.1962, c. 19 ( C.58:16A-50 et seq. ); “ Facility expansion ” means the expansion of the capacity of an existing capital improvement in order

that the improvement may serve new development; “ Farm conservation plan ” means a site specific plan that prescribes needed land treatment and related conservation

and natural resource management measures, including forest management practices, that

are determined to be practical and reasonable for the conservation, protection, and

development of natural resources, the maintenance and enhancement of agricultural

or horticultural productivity, and the control and prevention of nonpoint source pollution; “ Farm management unit ” means a parcel or parcels of land, whether contiguous or noncontiguous, together

with agricultural or horticultural buildings, structures and facilities, producing

agricultural or horticultural products, and operated as a single enterprise; “ Highlands open waters ” means all springs, streams including intermittent streams, wetlands, and bodies

of surface water, whether natural or artificial, located wholly or partially within

the boundaries of the Highlands Region, but shall not mean swimming pools; “ Highlands Region ” means that region so designated by subsection a. of section 7 of this act; “ Immediate family member ” means spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin,

grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,

stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether

the individual is related by blood, marriage, or adoption; “ Impact fee ” means cash or in-kind payments required to be paid by a developer as a condition

for approval of a major subdivision or major site plan for the developer's proportional

share of the cost of providing new or expanded reasonable and necessary public improvements

located outside the property limits of the subdivision or development but reasonably

related to the subdivision or development based upon the need for the improvement

created by, and the benefits conferred upon, the subdivision or development; “ Impervious surface ” means any structure, surface, or improvement that reduces or prevents absorption

of stormwater into land, and includes porous paving, paver blocks, gravel, crushed

stone, decks, patios, elevated structures, and other similar structures, surfaces,

or improvements; “ Individual unit of development ” means a dwelling unit in the case of a residential development, a square foot in

the case of a non-residential development, or any other standard employed by a municipality

for different categories of development as a basis upon which to establish a service

unit; “ Local government unit ” means a municipality, county, or other political subdivision of the State, or any

agency, board, commission, utilities authority or other authority, or other entity

thereof; “ Major Highlands development ” means, except as otherwise provided pursuant to subsection a. of section 30 of this

act, (1) any non-residential development in the preservation area; (2) any residential

development in the preservation area that requires an environmental land use or water

permit or 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; (3) any

activity undertaken or engaged in the preservation area that is not a development

but results in the ultimate disturbance of one-quarter acre or more of forested area

or that results in a cumulative increase in impervious surface by one-quarter acre

or more on a lot; or (4) any capital or other project of a State entity or local

government unit in the preservation area that requires an environmental land use or

water permit or 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. Major Highlands development shall not mean an agricultural or horticultural development

or agricultural or horticultural use in the preservation area . Solar panels shall not be included in any calculation of impervious surface ; “ Mine ” means any mine, whether on the surface or underground, and any mining plant, material,

equipment, or explosives on the surface or underground, which may contribute to the

mining or handling of ore or other metalliferous or non-metalliferous products. The term “ mine ” shall also include a quarry, sand pit, gravel pit, clay pit, or shale pit; “ Mine site ” means the land upon which a mine, whether active or inactive, is located, for which

the Commissioner of Labor and Workforce Development has granted a certificate of registration

pursuant to section 4 of P.L.1954, c. 197 ( C.34:6-98.4 ) and the boundary of which includes all contiguous parcels, except as provided below,

of property under common ownership or management, whether located in one or more municipalities,

as such parcels are reflected by lot and block numbers or metes and bounds, including

any mining plant, material, or equipment. “ Contiguous parcels ” as used in this definition of “mine site” shall not include parcels for which mining

or quarrying is not a permitted use or for which mining or quarrying is not permitted

as a prior nonconforming use under the “Municipal Land Use Law,” P.L.1975, c. 291

( C.40:55D-1 et seq. ); “ Office of Smart Growth ” means the Office of State Planning established pursuant to section 6 of P.L.1985,

c. 398 ( C.52:18A-201 ); “ Planning area ” means that portion of the Highlands Region not included within the preservation

area; “ Preservation area ” means that portion of the Highlands Region so designated by subsection b. of section

7 of this act; “ Public utility ” means the same as that term is defined in R.S.48:2-13 ; “ Recreation and conservation purposes ” means the same as that term is defined in section 3 of P.L.1999, c. 152 ( C.13:8C-3 ); “ Regional master plan ” means the Highlands regional master plan or any revision thereof adopted by the

council pursuant to section 8 of this act; “ Resource management systems plan ” means a site specific conservation system plan that (1) prescribes needed land treatment

and related conservation and natural resource management measures, including forest

management practices, for the conservation, protection, and development of natural

resources, the maintenance and enhancement of agricultural or horticultural productivity,

and the control and prevention of nonpoint source pollution, and (2) establishes criteria

for resources sustainability of soil, water, air, plants, and animals; “ Service area ” means that area to be served by the capital improvement or facility expansion as

designated in the capital improvement program adopted by a municipality under section

20 of P.L.1975, c. 291 ( C.40:55D-29 ); “ Service unit ” means a standardized measure of consumption, use, generation or discharge attributable

to an individual unit of development calculated in accordance with generally accepted

engineering or planning standards for a particular category of capital improvements

or facility expansions; “ Soil conservation district ” means the same as that term is defined in R.S. 4:24-2 ; “ Solar panel ” means an elevated panel or plate, or a canopy or array thereof, that captures and

converts solar radiation to produce power, and includes flat plate, focusing solar

collectors, or photovoltaic solar cells and excludes the base or foundation of the

panel, plate, canopy, or array; “ State Development and Redevelopment Plan ” means the State Development and Redevelopment Plan adopted pursuant to P.L.1985,

c. 398 ( C.52:18A-196 et al.); “ State entity ” means any State department, agency, board, commission, or other entity, district

water supply commission, independent State authority or commission, or bi-state entity; “ State Soil Conservation Committee ” means the State Soil Conservation Committee in the Department of Agriculture established

pursuant to R.S. 4:24-3 ; “ Temporary coverings ” means permeable, woven and non-woven geotextile fabrics that allow for water infiltration

or impermeable materials that are in contact with the soil and are used for no more

than two consecutive years; and “ Waters of the Highlands ” means all springs, streams including intermittent streams, and bodies of surface

or ground water, whether natural or artificial, located wholly or partially within

the boundaries of the Highlands Region, but shall not mean swimming pools.