Township of Clinton
Highlands Exemption Determination Application
1225 Route 31 South
Lebanon, NJ 08833
(908) 735-8800
The purpose of this application is to determine whether or not a proposed project is exempt from the provisions of the Highlands Water
Protection and Planning Act (see note below).
Instructions for Completing Form
1. Complete page 1.
2. Review the seven exemptions eligible for municipal determinations (see pages 2-3) to determine which may be applicable
to the proposed project. Applicants need only qualify for one of the exemptions, although more than one may apply. Below each
exemption is a list of documentation that is required to determine whether the exemption applies.
3. Initial as indicated by the applicable exemption.
4. Sign the application form.
5. Submit completed application along with all supporting documentation to the municipal office at the address above.
Important Note
This application will be evaluated by the municipality to determine whether a proposed activity, improvement or development project
involving lands within the Highlands Region is exempt from the provisions of the Highlands Water Protection and Planning Act (N.J.S.A.
13:20-1 et seq., “Highlands Act”). Any proposal that is exempt from the Highlands Act is also exempt from the Highlands Water Protection
and Planning Act Rules (“Highlands Rules,” N.J.A.C. 7:38-1 et seq.) and any Highlands Area land use ordinance adopted by the
municipality pursuant to approval of its Petition for Plan Conformance by the Highlands Water Protection and Planning Council
(“Highlands Council”). The municipality has been authorized and certified by the Highlands Council to issue Highlands Exemption
Determinations, pursuant to a July 19, 2012 Memorandum of Understanding (MOU) between the Highlands Council and the New Jersey
Department of Environmental Protection (NJDEP). The local ordinance effectuating this delegation of authority is Ordinance #1083-16,
“Township of Clinton Highlands Area Exemption Ordinance,” adopted May 25, 2016.
Please note that all references to professional preparers indicated in this application shall be construed to include any and all qualified
individuals licensed, certified, or otherwise eligible and authorized to complete such work, in accordance with the applicable laws and
legal requirements of the State of New Jersey including but not limited to the MLUL (N.J.S.A. 40:55D-1 et seq) and Title 13 of the New
Jersey Administrative Code, Law and Public Safety.
Please note that this application only addresses whether or not your project is exempt from Highlands regulations (as listed above).
Certification that a project is exempt from the Highlands Act does not relieve one from other regulatory requirements that may apply,
including the need to apply for any other permits, whether under municipal, state or other jurisdictional authority. Please also note that in
accordance with the MOU, Ordinance #1083-16 requires that the municipal Exemption Designee retain Highlands Council certification to
exercise the authority to issue Municipal Exemption Determinations. In the event of personnel changes or other extenuating
circumstances that leave the municipality without the services of a certified municipal Exemption Designee, applicants seeking a
Highlands Act Exemption Determination may apply to the NJDEP for projects located in the Preservation Area or to the Highlands Council
for projects located in the Planning Area.
Application #:
Project Information
Date:
Applicant Name:
Street Address:
Property Information
Block(s) & Lot(s):
Property Owner Information
Owner Name:
Owner Address:
Applicant Address:
Applicant Information
Phone #: Fax #: email:
Brief Project
Description
(Attach
Additional as
Necessary):
Township of Clinton
Highlands Exemption Determination Application
1225 Route 31 South
Lebanon, NJ 08833
(908) 735-8800
Receipt Stamp - Municipal Use Only
Fax #: email:Phone #:
Address:
Name:
Engineer, Attorney or Other Principal Contact Information
Existing Uses:
If after August 10, 2004:
Date Lot Created:
Prior to August 10, 2004
Planning Area Preservation Area Planning and Preservation Area
Located in:
Same as Applicant
Copy of a deed, closing or settlement statement, title policy, tax record, mortgage statement, or any other official document showing
that the lot was legally owned by the applicant as of August 10, 2004 and indicating the street address and the lot and block as
designated by the municipal tax mapping, the municipality, and county in which the lot is located.
Lot Legally Owned by the Applicant on August 10, 2004:
Exemption 1: For the construction of a single-family dwelling for an individual's own use or the use of an immediate family member, on a lot
owned by the individual on August 10, 2004, or on a lot for which the individual entered into a binding contract of sale to purchase on or before
May 17, 2004.
I hereby affirm that the metes and bounds of the subject property have not been altered from those lawfully existing as of the date of
the executed contract of sale.
Copy of the binding contract of sale executed by the seller and the applicant on or before May 17, 2004 for the lot on which the house
is to be constructed.
Lot Under Contract of Sale to Applicant as of May 17, 2004:
A parcel plan certified by a qualified licensed New Jersey professional showing all existing and proposed development, including all
structures, grading, clearing, impervious surface and disturbance, areas of existing disturbance to be restored (if any), and including
calculations demonstrating that impervious surfaces and areas of disturbance are within the 1/4 acre and 1 acre limit as prescribed.
Exemption 2: For the construction of a single-family dwelling on a lot that lawfully existed as of August 10, 2004, provided that construction
does not result in the ultimate disturbance of 1 or more acres of land or a cumulative increase in impervious surface by 1/4 acre or more.
Applicant Initial:
Exemption 4: For the reconstruction of any building or structure for any reason within 125% of the footprint of the lawfully existing impervious
surfaces* on the site, provided that the reconstruction does not increase the lawfully existing impervious surface by 1/4 acre or more.
*The date of lawfully existing impervious surface is August 10, 2004 in the Preservation Area and May 25, 2016 in the Planning Area.
A parcel plan certified by a qualified licensed New Jersey professional showing all existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance, existing on the site as of August 10, 2004 for the
Preservation Area or May 25, 2106 for the Planning Area; and all proposed development, including all structures, impervious surfaces,
grading, clearing limits, and limits of disturbance. Also include calculated values for existing and proposed impervious surfaces for the
project/activity.
I hereby affirm that the metes and bounds of the subject property have not been altered from those lawfully existing as of August 10,
2004.
Applicant Initial:
Applicant Initial:
I hereby affirm that the metes and bounds of the subject property have not been altered from those lawfully existing as of August 10,
2004.
A copy of the recorded deed or plat showing that the lot was created on or before August 10, 2004.
A metes and bounds description by a qualified licensed New Jersey professional showing the area of the lot to be disturbed, limited
to less than one acre.
A copy of any official documentation indicating the original date of construction of the existing buildings and/or structures or
otherwise establishing the lawfulness of their existence, inclusive of existing impervious surfaces.
I hereby certify that the single-family dwelling proposed for construction on the subject lot is intended for my own use or the use of
the following immediate family member (as defined by Ordinance No. 1083-16).
Name of Family Member:Applicant Initial:
Relationship of Family Member:
A property survey certified by a licensed New Jersey professional indicating the property boundary lines and overall lot size, showing
what structures currently exist on the lot, if any.
A copy of any official documentation proving the single family dwelling was in existence on August 10, 2004.
A copy of any official documentation indicating that the place of worship, public or private school, or hospital was in existence on
August 10, 2004.
Exemption 6: For any improvement, for non-residential purposes, to a place of worship owned by a non-profit entity, society or association, or
association organized primarily for religious purposes, or a public or private school, or a hospital, in existence on August 10, 2004, including, but
not limited to new structures, an addition to an existing building or structure, a site improvement, or a sanitary facility.
I hereby affirm that the subject property was in existence as of August 10, 2004 and that all proposed improvements are intended
and will continue to be used for single family dwelling purposes.
Applicant Initial:
For improvements to a place of worship, documentation showing that the entity, society or association, or association organized
primarily for religious purposes has non-profit status.
A site plan plan certified by a qualified licensed New Jersey professional showing all existing property improvements, including all
structures, grading, clearing, impervious surface and limits of disturbance, existing on the site on August 10, 2004; and all proposed
development including all structures, impervious surfaces, clearing limits, and limits of disturbance, including grading.
Exemption 7: For any activity conducted by a landowner in accordance with an approved woodland management plan issued pursuant to
Section 3 of the Farmland Assessment Act, N.J.S.A. 54:4- 23.3 or the normal harvesting of forest products in accordance with a forest
management plan approved by the State Forester.
A brief description of the total area of woodlands that is the subject of the approved woodland management plan and indication of
the length of time that the area has been in woodland management (may be submitted in this form).
A brief description of the activities for which the exemption is claimed (may be submitted in this form).
For a private landowner with an approved woodlot management plan:
A copy of the applicant's tax bill showing that the site has farmland assessment tax status under the New Jersey Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq. if applicable.
A copy of the approved woodland management plan.
A description of the proposed improvements.
A copy of the forest management plan approved by the State Forester.
Exemption 8: For the construction or extension of trails with non-impervious surfaces on publicly owned lands or on privately owned lands
where a conservation or recreational use easement has been established.
A site plan certified by the appropriate qualified licensed New Jersey professional showing the proposed trail construction with
details including the location and width of existing and proposed trails and those off-site trails to which they connect, if any.
A written description of the non-impervious materials to be used.
For privately owned property, a copy of a deed for the property, including the language establishing the conservation or recreational
use easement on the property.
For a forest management plan approved by the State Forester:
Exemption 5: For any improvement to a single family dwelling in existence as of August 10, 2004, including but not limited to an addition,
garage, shed, driveway, porch, deck, patio, swimming pool, or septic system. (Such improvements include only those that maintain the use as a
single family dwelling; the exemption does not apply to or permit the creation of multiple dwelling units.)
Applicant Signature:
Owner Signature:
Date:
Date:
I, the undersigned, hereby certify that the information given herein is correct to the best of my knowledge.
I, the undersigned, hereby grant permission for the submission of this application for the property reference herein.
Signature:Date:
Information
Submitted:
Comments:
Project
Summary:
Exemption
Review:
Municipal Use Only
Exemption Review Worksheet
As the Certified Municipal Exemption Designee, I hereby
certify the following finding for this application
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signature
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