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.
AQUACULTURE
The propagation, rearing and subsequent harvesting of aquatic
organisms in controlled or selected environments, and their subsequent
processing, packaging and marketing, including but not limited to
activities to intervene in the rearing process to increase production
such as stocking, feeding, transplanting and providing for protection
from predators.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.13.
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).
CERTIFICATION
Either a written statement signed and sealed by a licensed
New Jersey professional engineer attesting that a BMP design or stormwater
management system conforms to or meets a particular set of standards
or to action taken by the Commission pursuant to N.J.A.C. 7:50-3,
Part II or Part IV. Depending upon the context in which the term is
used, the terms "certify" and "certified" shall be construed accordingly.
CITY OF BRIGANTINE
The Planning Board, Zoning Board of Adjustment or other board,
agency or official of the City of Brigantine with authority to approve
or disapprove subdivisions, site plans, construction permits, building
permits or other applications for development approval. For the purposes
of reviewing development applications and ensuring compliance with
the requirements of this chapter, the City of Brigantine may designate
the Municipal Engineer or other qualified designee to act on behalf
of the City of Brigantine.
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.
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings, structures or components
of a stormwater management system, including but not limited to collection
inlets, stormwater piping, swales and all other conveyance systems,
and stormwater BMPs.
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.
DEPARTMENT
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.
DESIGN PERMEABILITY
The tested permeability rate with a factor of safety of two
applied to it (e.g., if the tested permeability rate of the soils
is four inches per hour, the design rate would be two inches per hour).
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
A.
The division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation
or 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. and the creation or termination of rights of access or riparian
rights, including but not limited to:
(1)
A change in type of use of a structure or land;
(2)
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
(3)
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
(4)
Commencement of resource extraction or drilling or excavation
on a parcel of land;
(5)
Demolition of a structure or removal of trees;
(6)
Commencement of forestry activities;
(7)
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
(8)
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
(9)
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
B.
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 BMP, a stormwater management system,
a particular receiving water body or a particular point along a receiving
water body.
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; habitat 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.
EXCEPTION
The approval by the approving authority of a variance or
other material departure from strict compliance with any section,
part, phrase or provision of this chapter. An exception may be granted
only under certain specific, narrowly defined conditions described
herein.
EXTENDED DETENTION BASIN
A facility constructed through filling and/or excavation
that provides temporary storage of stormwater runoff. It has an outlet
structure that detains and attenuates runoff inflows and promotes
the settlement of pollutants. An extended detention basin is normally
designed as a multistage facility that provides runoff storage and
attenuation for both stormwater quality and quantity management. The
term "stormwater detention basin" shall have the same meaning as "extended
detention basin."
FINISHED GRADE
The elevation of the surface of the ground after completion
of final grading, either via cutting, filling or a combination thereof.
GRADING
Modification of a land slope by cutting and filling with
the native soil or redistribution of the native soil which is present
at the site.
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
Water below the land surface in a zone of saturation.
GROUNDWATER MOUNDING ANALYSIS
A test performed to demonstrate that the groundwater below
a stormwater infiltration basin will not mound up, encroach on the
unsaturated zone, break the surface of the ground at the infiltration
area or downslope, and create an overland flow situation.
HEAVY EQUIPMENT
Equipment, machinery, or vehicles that exert ground pressure
in excess of eight pounds per square inch.
HIGH POLLUTANT LOADING AREA
An area in an industrial or commercial development site where
solvents and/or petroleum products are loaded/unloaded, stored, or
applied; where pesticides are loaded/unloaded or stored; where hazardous
materials are expected to be present in greater than reportable quantities
as defined by the United States Environmental Protection Agency (EPA)
at 40 CFR 302.4; where recharge would be inconsistent with NJDEP-approved
remedial action work plan or landfill closure plan; and/or where a
high risk exists for spills of toxic materials, such as gas stations
and vehicle maintenance facilities. The term "HPLA" shall have the
same meaning as "high pollutant loading area."
HUC 14
Hydrologic Unit Code 14 means 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.
IN LIEU CONTRIBUTION
A monetary fee collected by the City of Brigantine in lieu
of requiring strict on-site compliance with the groundwater recharge,
stormwater runoff quantity and/or stormwater runoff quality standards
established in this chapter.
INFILTRATION
The process by which precipitation enters the soil through
its surface.
INSTALL
To assemble, construct, put in place or connect components
of a stormwater management system.
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.
MAJOR DEVELOPMENT
A.
An individual development, as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004.
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 result in the disturbance
of one or more acres of land since February 2, 2004. 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."
MITIGATION
Acts necessary to prevent, limit, remedy or compensate for
conditions that may result from those cases where an applicant has
demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in a local
ordinance which is as protective as N.J.A.C. 7:8, and an exception
from strict compliance is granted by the City of Brigantine.
MOTOR VEHICLE SURFACE
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.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL
Guidance developed by the New Jersey Department of Environmental
Protection, in coordination with the New Jersey Department of Agriculture,
the New Jersey Department of Community Affairs, the New Jersey Department
of Transportation, municipal engineers, county engineers, consulting
firms, contractors, and environmental organizations to address the
standards in the New Jersey Stormwater Management Rules, N.J.A.C.
7:8. The BMP manual provides examples of ways to meet the standards
contained in the rule. An applicant may demonstrate that other proposed
management practices will also achieve the standards established in
the rules. The manual, and notices regarding future versions of the
manual, are available from the Division of Watershed Management, NJDEP,
PO Box 418, Trenton, New Jersey 08625; and on the NJDEP's website,
www.njstormwater.org. The term "New Jersey BMP Manual" shall have
the same meaning as "New Jersey Stormwater Best Management Practices
Manual."
NJDEP
The New Jersey Department of Environmental Protection.
NJPDES
The New Jersey Pollutant Discharge Elimination System as
set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.
NJPDES PERMIT
A permit issued by the NJDEP pursuant to the authority of
the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C.
7:14A for a discharge of pollutants.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NONPOINT SOURCE
A.
Any human-made or human-induced activity, factor, or condition,
other than a point source, from which pollutants are or may be discharged;
B.
Any human-made or human-induced activity, factor, or condition,
other than a point source, that may temporarily or permanently change
any chemical, physical, biological, or radiological characteristic
of waters of the state from what was or is the natural, pristine condition
of such waters, or that may increase the degree of such change; or
C.
Any activity, factor, or condition, other than a point source,
that contributes or may contribute to water pollution.
D.
The term "NPS" shall have the same meaning as "nonpoint source."
NONSTRUCTURAL BMP
A stormwater management measure, strategy or combination
of strategies that reduces adverse stormwater runoff impacts through
sound site planning and design. Nonstructural BMPs include such practices
as minimizing site disturbance, preserving important site features,
reducing and disconnecting impervious cover, flattening slopes, utilizing
native vegetation, minimizing turf grass lawns, maintaining natural
drainage features and characteristics and controlling stormwater runoff
and pollutants closer to the source. The term "low-impact development
technique" shall have the same meaning as "nonstructural BMP."
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERMEABILITY
The rate at which water moves through a saturated unit area
of soil or rock material at hydraulic gradient of one, determined
as prescribed in N.J.A.C. 7:9A-6.2 (tube permeameter test), N.J.A.C.
6.5 (pit bailing test) or N.J.A.C. 6.6 (piezometer test). Alternative
permeability test procedures may be accepted by the approving authority
provided the test procedure attains saturation of surrounding soils,
accounts for hydraulic head effects on infiltration rates, provides
a permeability rate with units expressed in inches per hour and is
accompanied by a published source reference. Examples of suitable
sources include hydrogeology, geotechnical, or engineering text and
design manuals, proceedings of American Society for Testing and Materials
(ASTM) symposia, or peer-review journals. Neither a soil permeability
class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation
test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for
establishing permeability values for the purpose of complying with
this chapter.
PERMEABLE
Having a permeability of one inch per hour or faster. The
terms "permeable soil," "permeable rock" and "permeable fill" shall
be construed accordingly.
PERSON
Any individual, corporation, company, partnership, firm,
association, municipality or political subdivision of this state subject
to municipal jurisdiction pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating
craft, from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture.
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.
PROFESSIONAL ENGINEER
A person licensed to practice professional engineering in
the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
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.
REPLICATE
One of two or more soil samples or tests taken at the same
location (within five feet of each other) and depth, within the same
soil horizon or substratum. In the case of fill material, replicate
tests are tests performed on subsamples of the same bulk sample packed
to the same bulk density.
SAND
A particle size category consisting of mineral particles
which are between 0.05 and 2.0 millimeters in equivalent spherical
diameter. Also, a soil textural class having 85% or more of sand and
a content of silt and clay such that the percentage of silt plus 1.5
times the percentage of clay does not exceed 15, as shown in § 258-10C(1)
(USDA Soil Textural Triangle).
SEASONALLY HIGH WATER TABLE
The upper limit of the shallowest zone of saturation which
occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
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, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. 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.
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 INFILTRATION BMP
A basin or other facility constructed within permeable soils
that provides temporary storage of stormwater runoff. An infiltration
BMP does not normally have a structural outlet to discharge runoff
from the stormwater quality design storm. Instead, outflow from an
infiltration BMP is through the surrounding soil. The terms "infiltration
measure" and "infiltration practice" shall have the same meaning as
"stormwater infiltration basin."
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.
SUITABLE SOIL
Unsaturated soil above the seasonally high water table which
contains less than 50% by volume of coarse fragments and which has
a tested permeability rate of between one and 20 inches per hour.
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 runoff to travel from the hydraulically
most distant point of the drainage area to the point of interest within
a watershed.
TOTAL SUSPENDED SOLIDS
The insoluble solid matter suspended in water and stormwater
that is separable by laboratory filtration in accordance with the
procedure contained in the Standard Methods for the Examination of
Water and Wastewater Prepared and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation. The term "TSS" shall have the
same meaning as "total suspended solids."
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 and bodies
of surface water and groundwater, whether natural or artificial, within
the boundaries of New Jersey or subject to its jurisdiction.
WELL
A bored, drilled or driven shaft, or a dug hole, which extends
below the seasonally high water table and which has a depth which
is greater than its largest surface dimension.
WET POND
A stormwater facility constructed through filling and/or
excavation that provides both permanent and temporary storage of stormwater
runoff. It has an outlet structure that creates a permanent pool and
detains and attenuates runoff inflows and promotes the settling of
pollutants. A stormwater retention basin can also be designed as a
multistage, facility that also provides extended detention for enhanced
stormwater quality design storm treatment and runoff storage and attenuation
for stormwater quantity management. The term "stormwater retention
basin" shall have the same meaning as "wet pond."
WETLANDS
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."
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.