Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application. 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 DEVELOPMENT
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.
BEST MANAGEMENT PRACTICE (BMP)
Structural device, measure, facility or activity that helps
to achieve stormwater management control objectives at a designated
site.
CAFRA PLANNING MAP
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3.
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 fisheries resource(s).
COMPACTION
The increase in soil bulk density by subjecting soil to greater
than normal loading.
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 Board of Chosen Freeholders
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.
DESIGNATED CENTER
A state development and redevelopment plan center, as designated
by the State Planning Commission, such as urban, regional, town, village
or hamlet.
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.
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 by any person,
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
lands, "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
Any activity including the clearing, excavating, storing,
grading, filling or transportation of soil or any other activity that
causes soil to be exposed to the danger of erosion.
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 NEIGHBORHOOD
A neighborhood 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 CRITICAL AREAS
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 Non-Game
Species Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
ESCAPE PROVISIONS
The permanent installation of ladders, steps, rungs or other
features that provide easily accessible means of egress from stormwater
management basins.
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.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation
to a level below the normal root soil of plant species.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one
or more acres of land or creates more than 1/4 acre of new impervious
coverage. "Disturbance" for the purpose of this rule is the placement
of impervious surface or exposure and/or movement of soil or bedrock
or clearing, cutting or removing of vegetation.
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 Borough of Wallington. Mitigation for the purposes of this chapter
includes both the mitigation plan detailing how the project's
failure to strictly comply will be compensated and the implementation
of the approved mitigation plan.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES
Techniques that control or reduce stormwater runoff in the
absence of stormwater structures (e.g., basins and pipe conveyances),
such as minimizing site disturbance; preserving important site features
including, but not limited to, natural vegetation; reducing and disconnecting
impervious cover; minimizing slopes; utilizing native vegetation;
minimizing turf grass lawns; increasing time of concentration; and
maintaining and enhancing natural drainage features and characteristics.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
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, the Borough of Wallington 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.
PLAN
A document approved at the site design phase that outlines
the measures and practices used to control stormwater runoff at the
site.
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.
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 Ground Water
Quality Standards (N.J.A.C. 7:9C) or the Surface Water Quality Standards
(N.J.A.C. 7:9B) of New Jersey.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
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, water 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 MANAGEMENT BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, 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 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.
STRUCTURAL STORMWATER TECHNIQUES
A stormwater management measure that involves control of
concentrated stormwater runoff or filtration, such as stormwater basins,
piped conveyance systems and manufactured stormwater devices, and
can include various types of basins, filters, surfaces and devices
located on individual lots in a residential development or throughout
a commercial, industrial or institutional development site in areas
not typically suited for larger, centralized structural facilities.
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, over-exploitation, 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 Non-Game Species Program.
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 wetlands ecosystem. Also known as "buffer area."
TIDAL FLOOD HAZARD AREA
A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
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, including but not
limited to the following:
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.
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."
This chapter shall take effect immediately upon the approval
by the county review agency or 60 days from the receipt of the ordinance
by the county review agency if the county review agency should fail
to act.