New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 70 - HIGHLANDS OPEN SPACE PARTNERSHIP FUNDING PROGRAM AND HIGHLANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Subchapter 2 - DEFINITIONS › Section 7:70-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms as used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.
"Agricultural preservation priority areas" means those areas identified in Figure 5.3 in the RMP as agricultural priority areas, incorporated herein by reference as N.J.A.C. 7:70 Appendix A.
"Approval for funding" means the Highlands Council's authorization for the issuance of partnership funding for a property by the adoption of a resolution at a public meeting.
"Charitable conservancy" means a corporation or trust exempt from Federal income taxation under paragraph (3) of subsection (c) of
section 501 of the Federal Internal Revenue Code of 1986 ( 26 U.S.C. §
											501
(c)(3)), which purpose includes the acquisition and preservation of lands in a natural, scenic, or other open condition.
"Conservation easement" means a deeded transfer of an interest in real property under which the landowner permanently agrees to restrict the property from future development and to conserve and protect open space, scenic, agricultural, or other natural resource values on the land covered by the easement.
"Conservation preservation priority areas" means those areas identified in Figure 5.1, in the RMP as conservation priority areas, incorporated herein by reference as N.J.A.C. 7:70 Appendix B.
"Executive Director" means the Executive Director of the Highlands Council.
"Highlands Act" means the Highlands Water Protection and Planning Act,
N.J.S.A. 13:20-1
et seq.
"Highlands Council" means the Highlands Water Protection and Planning Council established pursuant to the Highlands Act.
"Highlands development credit" or "HDC" means the transfer of development rights credit for the Highlands Transfer of Development Rights Program that may be bought, sold, or transferred in accordance with the Highlands Act and the State Transfer of Development Rights Act (
N.J.S.A. 40:55D-137
et seq.).
"Highlands development credit allocation" or "HDC allocation" means the number of credits a property located in the Highlands Region qualifies for based on the methodology established in the RMP.
"Highlands development credit allocation letter" or "HDC allocation letter" means the letter indicating how many HDCs a property qualifies for, issued by the Highlands Council to a property owner that has applied for an HDC allocation.
"Highlands development credit bank" or "HDC bank" means the transfer of development rights bank created by the Highlands Council pursuant to the Highlands Act.
"Highlands Development Credit Bank Board" means the nine member board of directors comprised of those members as established by the Highlands Council pursuant to the Highlands Act.
"Highlands development credit certificate" means the document issued by the Executive Director, upon authorization by the HDC Bank Board, that gives the holder of the certificate the right to the number of highlands development credits indicated on the certificate.
"Highlands development credit certificate application" means the application prepared by the applicant for the purposes of obtaining HDC credits from a property that has been issued an HDC allocation letter.
"Highlands Region" means the region so designated by N.J.S.A. 13:20-7.
"Highlands Regional Master Plan" or "Highlands RMP" or "RMP" means the Regional Master Plan, adopted by the Highlands Council, pursuant to the Highlands Act.
"Landowner Equity and Land Preservation Committee" or "Land Preservation Committee" means the committee established by the chairperson of the Highlands Council and which reviews applications pursuant to this chapter.
"Mitigation" means methods for the alleviation of negative impacts to and loss of Highlands resources identified in the RMP. Such methods include, but are not limited to, the provision of physical restoration of resources (such as scenic or environmental resources) or financial compensation for impacts to the resources.
" Partnership entity" or "partnership entities" means those entities entitled to apply for partnership funds under the Highlands Open Space Partnership Funding Program as set forth in N.J.A.C. 7:70-3.1(a).
"Passive recreation" means non-motorized outdoor recreational activities, such as nature observation, hiking, biking, and canoeing or kayaking, that require a minimum of facilities or development and that have minimal environmental impact on natural resources.
"Planning area" means that area of the Highlands Region defined at N.J.S.A. 13:20-3.
"Preservation area" means that area of the Highlands Region defined at N.J.S.A. 13:20-3.
"Special environmental zone" means those areas identified in Figure 5.2 in the RMP as a special environmental zone, incorporated herein by reference as N.J.A.C. 7:70 Appendix C.
"State of New Jersey" means any State department, agency, board, commission, or other entity, district water supply commission, independent State authority or commission, or bi-state entity.