[Amended 12-6-2021 by Ord. No. O-20-2021]
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
Means 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, feeing, transplanting and providing
for protection from predators.
CAFRA CENTERS, CORES OR NODES
Means 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
Means 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
Means a written statement signed and sealed by a licensed
New Jersey professional engineer attesting that a BMP design or stormwater
management system confirms to or meets a particular set of standards.
Depending upon the context in which the term is used, the terms "certify"
and "certified" shall be construed accordingly.
COMMUNITY BASIN
Means 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
Means the increase in soil bulk density.
CONSTRUCTION
Means 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 stormer BMPs.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency 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
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means 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
Means 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
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPMENT
Means the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation or
termination of rights of access or riparian rights, including, but
not limited to:
A.
A change in type of use of a structure or land;
B.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
C.
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;
D.
Commencement of resource extraction or drilling or excavation
on a parcel of land;
E.
Demolition of a structure of removal of trees;
F.
Commencement of forestry activities;
G.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
H.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
I.
Alteration, either physically or chemically, or a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
DISTURBANCE
Means 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
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means 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
Means 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
andendangered species sites or designated habitats, and parks and
preserves. Habitats ofendangered 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
Means 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
well head 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
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
EXCEPTION
Means 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
Means 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
Means the elevation of the surface of the ground after completion
of final grading, either via cutting, filling, or a combination thereof.
GRADING
Means 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
Means 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.
GROUND WATER
Means water below the land surface in a zone of saturation.
GROUNDWATER MOUNDING ANALYSIS
Means 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
Means equipment, machinery, or vehicles that exert ground
pressure in excess of eight pounds per square inch.
HIGH POLLUTANT LOADING AREA
Means 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 NJDE-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 or 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
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
IN-LIEU CONTRIBUTION
Means a monetary fee collected by the Township 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
Is the process by which water seeps into the soil from precipitation.
INSTALL
Means to assemble, construct, put in place or connect components
of a stormwater management system.
LEAD PLANNING AGENCY
Means 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
Means an individual "development," as well as multiple developments
that individually or collectively result in:
A.
The disturbance of one or more acres of land since February
2, 2004;
B.
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
C.
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
D.
A combination of B and C 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.
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 paragraphs A, B, C, or D 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."
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MITIGATION
Means 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 Township.
MOTOR VEHICLE
Means 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
Means 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.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
Means the 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, P.O. Box 418, Trenton, New Jersey 08625; and on
the NJDEP's website, www.njstormwater.org. the term "New jersey
MBP Manual" shall have the same meaning as "new Jersey Stormwater
best Management Practices Manual."
NJDEP
Means the New Jersey Department of Environmental Protection.
NJPDES
Means 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
Means 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
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NONPOINT SOURCE (or NPS)
Means:
A.
Any human-made or human-induced activity, factor or condition,
other than a point source, from which pollutants are or may be discharges;
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 waters, or that
may increase the degree of such change; or
C.
Any activity, factor, or condition, other than a point sources,
that contributes or may contribute to water pollution.
NONSTRUCTURAL BMP
Means 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, min minimizing turf grass lawns, maintaining a
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
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
PERMEABILITY
Means 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.
65 (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 sources 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
Means having a permeability of one inch per hour or faster.
The terms "permeable soil," "permeable rock," and "permeable fill"
shall be construed accordingly.
PERSON
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
PINELANDS CMP
Means the New Jersey Pinelands Comprehensive Management Plan
(N.J.A.C. 7:50 1.1 et seq.).
POINT SOURCE
Means any discernible, confined, and discrete conveyance,
including, but not limited to, any pipe, ditch channel, tunnel, conduit,
well, discreet 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
Means 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, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
PROFESSIONAL ENGINEER
Means a person licensed to practice professional engineering
in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.
RECHARGE
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means 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
Means 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
Means 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
Means a particle size category consisting of mineral particles
which are between 0.05 millimeters 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 § 344-10C(1) (USDA Soil Textural Triangle.)
SEASONALLY HIGH WATER TABLE
Means 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
Means 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
Means the lot or lots upon which a major development is to
occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of
any origin.
SOURCE MATERIAL
Means any material(s) or machinery, located at an industrial
facility, which is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in nay 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
Is defined as 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
Means 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
Means 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
Means 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 non-stormwater
discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
Means 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
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
SUITABLE SOIL
Means 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 on and 20 inches per hour.
SURFACE WATER
Means any water of the state which are not groundwater.
TIDAL FLOOD HAZARD AREA
Means 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
Means 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
Means the insoluble solid matter suspended in water and stormwater
that separable by laboratory filtration in accordance with the precure
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.
TOWNSHIP
Means the Planning Board, Zoning Board of Adjustment or other
board, agency or official of the Township with authority to approve
or disapprove subdivisions, site plan, construction permits, development
applications and ensuring compliance with the requirements of this
chapter, the Township may designate the Municipal Engineer or other
qualified designee to act on behalf of the Township.
URBAN ENTERPRISE ZONES
Means 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
Is defined as 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
Means 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.
WATER TABLE
Means the upper surface of a zone of saturation.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
WELL
Means 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
Means 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 info'sand promotes the settlings
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 or WETLAND
Means an area that is inundated or saturated by surface water
or ground water 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.