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 for the purposes of supporting common farm-site
activities, including but not limited to the 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.
AGRICULTURE or HORTICULTURE or AGRICULTURAL OR HORTICULTURAL
USE
The use of the land for common farm-site 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).
CARBONATE ROCK AREA
An area where rock consisting chiefly of calcium and magnesium
carbonates, such as limestone and dolomite, has been identified.
CATEGORY 1 (C1) WATERS
Waters of the state, including unnamed waterways that appear
on soil survey and USGS Topographic Quadrangle within the same HUC-14
watershed, 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 fishery resources(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.
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
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 county planning agency or
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.
CURRENT DEFICIT AREA
Any United States Geological Survey fourteen-digit Hydrologic
Unit Code subwatershed area that is identified in the Highlands Regional
Master Plan as having negative net water availability, meaning that
existing consumptive and depletive water uses exceed the capacity
of the groundwater supply to sustain.
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, borough,
village, or hamlet.
DEVELOPMENT
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. 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 or the redevelopment
of previously developed sites. 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
An area 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.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by treating stormwater runoff through infiltration into
subsoil, treating stormwater runoff through filtration by vegetation
or soil; or storing stormwater runoff for reuse.
HIGHLANDS ACT
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, codified at N.J.S.A. 13:20-1 et seq., as amended.
HIGHLANDS OPEN WATERS
All springs, wetlands, intermittent and ephemeral streams,
perennial streams and bodies of surface water, whether natural or
artificial, located wholly or partially within the boundaries of the
Highlands Region, but shall not mean swimming pools.
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
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements. To be considered
an impervious surface, the structure, surface or improvement must
have the effect of reducing or preventing stormwater absorption.
INFILTRATION
The process by which water seeps into the soil from precipitation.
KARST
A distinctive topography that indicates solution of underlying
carbonate rocks (such as limestone and dolomite) by surface water
or groundwater over time, often producing surface depressions, sinkholes,
sinking streams, enlarged bedrock features, caves and underground
streams.
KARST TERRAIN
An area where karst topography, with its characteristic surface
and subterranean features, is developed as a result of the dissolution
of limestone, dolomite, or other soluble rock. Characteristic physiographic
features present in karst terrains include but are not limited to
sinkholes, sinking streams, caves, blind valleys, large springs and
subterranean drainage. See also "limestone area."
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.
LIMESTONE AREA
An area of Hunterdon County underlain by carbonate sedimentary
rock consisting chiefly of calcium carbonate. "Limestone" is commonly
used as a general term for the class of rocks that consist of at least
80% calcium or magnesium carbonate. See also "karst terrain."
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
Designing stormwater management systems so that all reasonable
opportunities for using nonstructural stormwater practices are exhausted
and a structural BMP is implemented only where absolutely necessary.
MITIGATION
An action by an applicant providing compensation or offset
actions for on-site stormwater management requirements where the 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 this
chapter, and has received a waiver from strict compliance from the
municipality. Mitigation shall include the implementation of the approved
mitigation plan within the same drainage area where the subject project
is proposed, or a contribution of funding toward a municipal stormwater
control project, or provision for equivalent treatment at an alternate
location, or any other equivalent water quality benefit as approved
by the municipality.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Hampton or other public body, and is designed and
used for collecting and conveying stormwater. NOTE: In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
MUNICIPALITY
Any city, borough, town, township, or village. For the purposes
of this chapter, the Borough of Hampton.
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 §
207-4F 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.
NONEXEMPT PROJECT
Any project not eligible for an exemption from the Highlands
Water Protection and Planning Act rules, pursuant to N.J.A.C. 7:38-2.3.
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 subject to municipal jurisdiction pursuant to the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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
substances [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.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water to the extent that
the pollutant concentration or level violates either the groundwater
quality standards (N.J.A.C. 7:9C) or the surface water quality standards
(N.J.A.C. 7:9B) of New Jersey.
PRIME GROUNDWATER RECHARGE AREA
Lands with the best groundwater recharge rates within an
HUC-14 subwatershed, as indicated
by GSR-32 analysis, that provide the top 40% of the total recharge
volume for the subwatershed.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REDEVELOPMENT
Land disturbing activity that results in the creation, addition,
or replacement of impervious surface area on an already developed
or disturbed site. Redevelopment includes, but is not limited to,
the expansion of a building footprint, addition or replacement of
a structure, replacement of impervious surface area that is not part
of a routine maintenance activity, and land disturbing activities
related to structural or impervious surfaces. It does not include
routine maintenance to maintain original line and grade, hydraulic
capacity, or original purpose of facility, nor does it include emergency
construction activities required to immediately protect public health
and safety.
REGIONAL MASTER PLAN
The Highlands Regional Master Plan, or any revision thereof
adopted by the Highlands Water Protection and Planning Council pursuant
to N.J.S.A. 13:20-8.
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
C.
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 ground 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 RESOURCE WATERS
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 New Jersey 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 fishery
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.
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
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. A
stream buffer may encompass wetlands, may be contained within a floodplain
or floodway or may extend beyond a wetland, floodplain or floodway
boundary.
THREATENED AND ENDANGERED SPECIES
Endangered species are those whose prospects for survival
in New Jersey are in immediate danger because of a loss or change
in habitat, overexploitation, predation, competition, disease, disturbance
or contamination. Assistance is needed to prevent future extinction
in New Jersey. Threatened species are those who may become endangered
if conditions surrounding them begin to or continue to deteriorate.
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, or by the Department pursuant
to the Highlands Act at N.J.S.A. 13:20-32k and 13:20-34a(4).
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
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
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."