For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction and/or land uses normally associated with the
production of food, fiber and livestock for sale. Such uses do not
include the development of land for the processing or sale of food
and the manufacturing of agriculturally related products.
AGRICULTURE or HORTICULTURE or AGRICULTURAL OR HORTICULTURAL
USE
The use of the land for common farmsite activities, including,
but not limited to, 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.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
CATEGORY ONE (C1) WATERS
Waters of the state as designated in N.J.A.C. 7:9B-1.15(c)
through (h) for purposes of implementing the antidegradation policies
set forth at N.J.A.C. 7:9B-1.5(d) for protection from measurable changes
in water quality characteristics because of their clarity, color,
scenic setting, other characteristics of aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, or exceptional fisheries resource(s).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
COMPACTION
The increase in soil bulk density caused by subjecting soil
to greater-than-normal loading. Compaction can also decrease soil
infiltration and permeability rates.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
The Hunterdon County Planning Board, as designated by the
County Commissioners, to review municipal stormwater management plans
and implementing ordinance(s). The county review agency may either
be:
A.
A county planning agency; or
B.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
land, "development" means any activity that requires a state permit,
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
EXEMPT DEVELOPMENT
Any development that creates less than 1,000 square feet
of new impervious area and disturbs less than 2,500 square feet of
land. Further, an exempt development shall not meet the definition
of "minor development."
[Added 11-9-2023 by Ord.
No. 23-09]
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
A.
Treating stormwater runoff through infiltration into subsoil;
B.
Treating stormwater runoff through filtration by vegetation
or soil; or
C.
Storing stormwater runoff for reuse.
GROUNDWATER
A body of water below the surface of the land in a zone of
saturation where the spaces between the soil or geological materials
are fully saturated with water.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water relative to
natural conditions in the area.
INFILTRATION
The process by which water seeps into the soil from precipitation
to a level below the normal root system of plant species.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2 that serves as the
primary representative of the committee.
LOW-IMPACT DEVELOPMENT (LED)
Methods incorporating design measures to replicate predevelopment
hydrology to reduce the impacts of development at a lot-level basis,
treating rainwater where it falls by creating conditions that allow
the water to infiltrate back into the ground. LID emphasizes greater
infiltration of stormwater on site rather than regarding the stormwater
as a nuisance condition and disposable.
MAINTENANCE PLAN
A document required for all major development projects for
stormwater management maintenance. The document shall contain specific
preventive maintenance tasks and schedules; cost estimates, including
estimated cost of sediment, debris, or trash removal; and the name,
address, and telephone number of the person or persons responsible
for preventive and corrective maintenance (including replacement).
MAJOR DEVELOPMENT
A.
An individual development, as well as multiple developments
that individually or collectively result in:
(1)
The disturbance of one or more acres of land since February
2, 2004;
(2)
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
(3)
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
(4)
A combination of Subsection A(2) and (3) above that totals an
area of 1/4 acre or more. The same surface shall not be counted twice
when determining if the combination area equals 1/4 acre or more.
B.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection A(1), (2), (3) or (4) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
MAXIMUM EXTENT PRACTICABLE
Compliance with the specific objective to the greatest extent
possible taking into account equitable considerations and competing
factors, including, but not limited to, environmental benefits, pollutant
removal effectiveness, regulatory compliance, ability to implement
given site-specific environmental conditions, cost and technical or
engineering feasibility.
MINOR DEVELOPMENT
Any development that results in the creation of 1,000 square
feet or more of new impervious area or one that disturbs more than
2,500 square feet of land area. Further, a minor development shall
not meet the definition of "major development" in N.J.A.C. 7:8.
[Added 11-9-2023 by Ord.
No. 23-09]
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with §
122-4F of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
NUTRIENT CONCENTRATION
The amount of a nutrient in a defined volume of water (such
as milligrams of nitrogen per liter). The relationship between nutrient
concentration and nutrient load can vary and depends on the surface
water flow, the volume of water in the water body or aquifer, and
watershed characteristics.
NUTRIENT LOAD
The total amount of a nutrient, such as nitrogen or phosphorus,
entering the water during a given time, such as tons of nitrogen per
year or pounds of phosphorus per day. Nutrients may enter the water
from runoff, groundwater recharge, point source discharges, or the
air (in the form of wet deposition, such as rain or snow, as well
as dry deposition).
PERMEABLE
A surface or land cover capable of transmitting or percolating
a significant amount of precipitation into the underlying soils.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
A.
A net increase of impervious surface;
B.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
C.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
D.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
REVIEW AGENCY (MUNICIPAL)
The municipal body or official that is responsible for the
review of a major development project for compliance with the stormwater
management requirements.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
SOURCE MATERIAL
Any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing,
or other industrial activities, that could be a source of pollutants
in any industrial stormwater discharge to groundwater or surface water.
Source materials include, but are not limited to, raw materials, intermediate
products, final products, waste materials, by-products, industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
SPECIAL WATER RESOURCE PROTECTION AREAS
Water bodies receiving special protections due to their drinking
water status or role as high-quality habitat for threatened and endangered
species or species of commercial or recreational importance. This
includes waterways so designated through the NJ Stormwater Management
Rules (N.J.A.C. 7:8) because of exceptional ecological significance,
exceptional water supply significance, exceptional recreational significance,
exceptional shellfish resource, or exceptional fisheries resource.
Waters so designated are protected by a 300-foot buffer extending
on either side of the waterway measured perpendicular from top-of-bank
or center of channel for waterways lacking a defined top-of-bank.
See the definition of "Category One (C1)."
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
STREAM BUFFER or RIPARIAN BUFFER
A strip of land located immediately adjacent to a stream
channel consisting of natural, undisturbed vegetative cover, which
serves as a transition area between uplands and riparian lands to
trap sediments from upslope erosion and filter fertilizers, pesticides,
and other pollutants that run off farmland and other developed areas.
A stream buffer may encompass wetlands, may contain a floodplain or
floodway or may extend beyond a wetland, floodplain or floodway boundary.
This buffer supports trees, shrubs, grasses, and other plant and animal
species that depend on changeable conditions.
TAILWATER
The downstream surface water elevation at a discharge (pipe,
weir, spillway, channel, etc.).
THREATENED AND ENDANGERED SPECIES
Species whose prospects for survival in New Jersey are in
immediate danger because of a loss or change in habitat, over exploitation,
predation, competition, disease, disturbance or contamination. Assistance
is needed to prevent future extinction in New Jersey. Threatened species
are those which may become endangered if conditions surrounding them
begin to or continue to deteriorate. Suitable habitats of endangered
or threatened species are those identified by the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm but fluvial in more frequent storm
events.
TIME OF CONCENTRATION
The time it takes for stormwater runoff to travel from the
hydraulically most distant point of the watershed to the point of
interest within a watershed.
TRANSITION AREA
An area of protected upland adjacent to a freshwater wetland
that minimizes adverse impacts on the wetland or serves as an integral
component of the wetland's ecosystem. Also called "buffer area."
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), designated centers, cores or nodes;
B.
Designated as CAFRA centers, cores or nodes;
C.
Designated as Urban Enterprise Zones; and
D.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
Site design features identified under §
122-4F above, or alternative designs in accordance with §
122-4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see §
122-7B below.
A. Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(1) The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(2) A different grate, if each individual clear space in that grate has
an area of no more than seven square inches or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(3) For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches or be no greater than
two inches across the smallest dimension.
B. The standard in Subsection
A above does not apply:
(1) Where each individual clear space in the curb opening in the existing
curb-opening inlet does not have an area of more than nine square
inches;
(2) Where the municipality agrees that the standards would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets;
(3) Where flows from the water quality design storm as specified in N.J.A.C.
7:8 are conveyed through any device (e.g., end-of-pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
(a)
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
(b)
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
|
(4) Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars, to the elevation of the water
quality design storm as specified in N.J.A.C. 7:8; or
(5) Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.