Terms defined. For the purposes of this chapter, the terms and words listed in this section shall have the same meanings herein given. Terms and words not defined herein shall have, for the purposes of this chapter, the meanings given them in Chapter
37, Flood Damage Prevention; Chapter
50, Land Subdivision and Site Plan Regulations; and Chapter
131, Zoning, as the same now reads or may be amended. Terms and words not defined herein or in these chapters but defined in the Municipal Land Use Law shall have, for the purposes of this chapter, the meanings given
them in the Municipal Land Use Law, its amendments or supplements thereto.
Terms and words not defined in any of the foregoing sources shall have the
meanings established by common usage of the words unless the context herein
clearly indicates the contrary. The following words and phrases shall have
the following meanings when used herein:
APPLICANT
Any person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity, construction or development.
APPROVED PLAN
A plan to control stormwater runoff approved by the Borough of Rutherford
Planning Board or Zoning Board of Adjustment.
BOARD
The Planning Board of the Borough of Rutherford except where the
Board of Adjustment is authorized to act pursuant to N.J.S.A. 40:55D-76b,
in which case it shall mean the Board of Adjustment of the Borough of Rutherford.
CHANNEL
A watercourse with definite bed and banks which confine and conduct
continuously or intermittently flowing water.
CONSERVATION EASEMENT
An agreement or covenant running with the land which prohibits all
land or vegetation disturbance in favor of a permanent dedication to natural
open space, each agreement to be entered into between the applicant and the
Borough.
DESIGN STORM
The most intense probable precipitation to occur in a given region
in a twenty-four-hour period, with a frequency of once in one, five, 25 or
100 years.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage
channels are required along a natural stream or watercourse for preserving
the channel and providing for the flow of water therein to safeguard the public
against flood damage in accordance with the provisions of N.J.S.A. 58:1, 13:1A-8
and 13:1A-12.
DRAINAGEWAY
Any watercourse, trench, ditch, depression or other hollow space
in the ground, natural or artificial, which collects or disperses surface
water from land.
ENGINEER
The Borough Engineer or his designee.
ENVIRONMENTALLY CRITICAL AREA
Any area which should not be disturbed by uses incompatible with
the paramount public interest in the prevention of surface water runoff and
attendant environmental damage. Examples of "environmentally critical areas"
include but are not limited to lakes, ponds, floodplains and flood hazard
areas, designated stream corridors, steep slopes, highly erodible soil wetlands,
swamps, bogs, marshes, aquifer recharge and discharge areas and heavily wooded
areas.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling
of land and any other activity which alters land, topography or vegetative
cover.
NATURAL DRAINAGE FLOW
The topographical pattern or system of drainage of surface water
runoff from a particular site, including the various drainageways and watercourses
which carry surface water only during periods of heavy rains, storms or floods.
NON-POINT-SOURCE
Surface water entering a channel from no definable discharge source.
RUNOFF
The part of precipitation as well as any other flow contribution
which appears in surface streams or watercourses, natural or artificial.
SURFACE WATER
All water produced by precipitation, flood, drainage, springs, seeps
or other man-made discharge flowing over the land or contained within a natural
or artificial watercourse.
SURFACE WATER MANAGEMENT PLAN
A plan prepared by a New Jersey licensed professional engineer, consistent
with the purposes and policies of this chapter, which fully indicates necessary
land treatment measures and techniques, including a schedule for implementation
and maintenance and discharge calculation.
SURFACE WATER RUNOFF
That part of runoff which travels over the ground surface and through
channels, natural and artificial.
SURFACE WATER RUNOFF DAMAGE
All damage or harm to property values, land, vegetation and water
supplies, including but not limited to flooding, soil erosion, siltation and
other pollution of watercourses and diminished recharge of groundwater supply,
which damage results or is likely to result when the dispersion of surface
water typical of the land in a meadow of good hydrologic condition is increased
in rate, velocity or quantity.
WATERCOURSE
All rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps,
bogs and all other bodies of water, natural or artificial, public or private,
which are contained within, flow through or border on the Borough or any portion
thereof.
WATERSHED
An area of surface water runoff related to a point of concentration,
such as the topographically determined confluence with another body of water
or a man-made culvert, etc.