As used in this chapter, the following words shall have the meanings hereinafter set forth:
ACID-PRODUCING SOILSSoils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.
ADMINISTRATIVE AUTHORITYThe Planning Board or Construction Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANTThe individual, corporation or entity submitting an application for development.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to § 25 or 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 40:55D-36).
AQUIFERA formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.
BEST MANAGEMENT PRACTICES (BMP)Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
CATEGORY ONE WATERS or C1 WATERSShall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
CATEGORY TWO WATERS or C2 WATERSThose waters not designated as outstanding natural resource waters or Category One waters in the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards.
COMPLETE APPLICATIONAn application form completed as specified by this or any other applicable ordinance and the rules and regulations of the Planning Board. A complete application includes all accompanying documents required by ordinance for approval of the application for development. Where applicable this includes, but is not limited to, a site plan or subdivision plat, provided that the Planning Board or other reviewing municipal agency may require such additional information not specified in the ordinance. The Planning Board may also require revisions in the accompanying documents which are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be complete upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time periods for action by the Planning Board or other municipal agency.
CONTAMINATIONThe degradation of natural water quality so that the water is not suitable for human consumption.
CRITICAL ENVIRONMENTAL AREASAreas containing environmental constraints such as wetlands, wetland buffers, riparian buffers, state waters, steep slopes or other environmental features which are regulated by the NJDEP or this chapter.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENTThe division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of 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 may be required pursuant to this act.
DISCHARGEAny intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.
DISTURBANCEThe placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
DRAINAGE RIGHT-OF-WAYThe lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream of water for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
FINAL APPROVALThe official action of the Planning Board taken on an approved preliminary plat after all conditions, engineering plans, and other requirements have been completed and the required improvements installed or bonds properly posted for their completion. A plat that receives such final approval shall have been prepared by a professional engineer licensed in the State of New Jersey, and a land surveyor in compliance with all of the provisions of N.J.S.A. 46:23-9.9 et seq. and shall be the map which must be filed with the County Clerk in accordance with N.J.S.A. 40:55D-54 in order to make the approval binding.
FINAL PLATThe final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the County Clerk.
FLOODWAYShall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
GLAREThe sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.
GROUNDWATERWater contained in interconnected pores of a saturated zone in the ground that is available for wells and springs. A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water.
HAZARDOUS SUBSTANCEAny substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act) (Public Law 92-500; 33 U.S.C. § 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or "hazardous pollutant" as defined by the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTEAny solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
I.E.S.N.A.Illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.
IMPERVIOUS SURFACEAn area that has been covered by a layer of material that is highly resistant to infiltration by water.
INTERMITTENT STREAMA surface water body with definite bed and banks in which there is not a permanent flow of water as shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
LAKE, POND or RESERVOIRAny surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
LIGHT TRESPASSAny form of artificial luminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in §
240-7C.
A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
MAJOR DEVELOPMENTAny development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this chapter is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.
MAJOR SUBDIVISION PLATThe final map of a major subdivision which is presented to the Planning Board for approval and which, if approved, shall be filed with the County Clerk.
MASTER PLANA composite of the mapped and written proposals recommending the physical development of the Town which shall have been duly adopted by the Planning Board.
MAXIMUM CONTAMINANT LEVEL (MCL)Maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which state primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition (New Jersey Safe Drinking Water Act N.J.A.C. 7:10).
MINOR SUBDIVISIONThe division of a tract of land meeting one or more of the following conditions:
[Amended 6-9-2014 by Ord. No. 2014-9]
A. The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein future use or development of the remaining parcel is not adversely affected and no more than two lots plus a remainder (three lots total) are created.
The division of a tract of land into a maximum of two lots plus the remainder (three lots total) of the tract being subdivided wherein all such lots or parcels meet all of the following requirements:
(1) No new streets or roads shall be proposed.
The creation of the lots shall not produce an off-tract drainage problem or result in the necessity for off-tract drainage improvements or any other type of off-tract improvement.
The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:
(a) Suitable future road access and desirable future road and lot patterns.
Future water and sanitary sewer utility installation and storm drainage improvements.
MINOR SUBDIVISION PLATThe final map of a minor subdivision which is presented to the Planning Board for approval and which, if approved, shall be filed with the County Clerk unless the subdivision is perfected by deeds filed with the County Clerk.
NJDEPNew Jersey Department of Environmental Protection.
OBJECTIONABLE DIRECT GLARE SOURCEGlare resulting from excessive levels of illumination or insufficiently shielded light sources emanating from light fixtures in the field of view where the lens, lamp or reflector produces visible glare above a height of five feet at a property line or a public roadway.
OFFICIAL MAPA map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq. Such map shall be deemed to be conclusive with respect to the location and width of streets, public parks and playgrounds, and drainage right-of-way shown thereon.
OFF SITELocated outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of the development application, or contiguous portion of a street or right-of-way.
OFF TRACTNot located on the property which is the subject of a development application, nor on the contiguous portion of a street or right-of-way.
ON SITELocated on the lot in question.
ON TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OUTDOOR LIGHT FIXTUREAn electrically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture or any spot or flood luminaire with a reflector contained in the lamp component, such as a parabolic aluminized reflector (PAR) lamp, of more than 900 initial lumens, which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, architectural structure, or sign.
OWNERAny individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide such land under this chapter and for the purpose of this chapter, shall include developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.
PERENNIAL STREAMA surface water body that flows continuously through the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
PERFORMANCE GUARANTEEAny security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERSONAny individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency or an agent or employee thereof.
PLATA map or maps of a subdivision or site plan.
POLLUTED WATERDrinking water exceeding a federal and/or state maximum contaminant level (MCL).
POPULATION GROUPA group or number of people living within a specified area or sharing similar characteristics (such as occupation or age).
POTENTIAL POLLUTANT SOURCE (PPS)An activity or land use which may contribute to contamination of a source of drinking water. For the purposes of this chapter, potential pollutant sources are defined in §
240-10F.
The conferral of certain rights pursuant to §§ 34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49), prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of §
240-4 of this chapter.
A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
PUBLIC DRAINAGEWAYThe land reserved or dedicated for installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC NONTRANSIENT NONCOMMUNITY WELLA public water supply well that is not a public community well and that regularly serves at least 25 of the same persons for more than six months in any given calendar year.
REDEVELOPMENTThe construction of structures or improvements on areas which previously contained structures or other improvements.
RESUBDIVISIONThe further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or establishment of any new streets within any subdivision previously made and approved or recorded according to law. Resubdivision shall not include conveyances to combine existing lots by deed or other instrument.
RIPARIAN ZONEThe land and vegetation within and directly adjacent to all surface water bodies including, but not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
RIPARIAN ZONE MANAGEMENT PLANA plan approved by the Town Engineer. The plan shall be prepared by a landscape architect, professional engineer or other qualified professional, and shall evaluate the effects of any proposed activity/uses on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.
SHIELDED LIGHT FIXTUREA light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90° above nadir (straight down at perfect vertical), through the light fixture's lowest light-emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
SOLE-SOURCE AQUIFERAny drinking water aquifer upon which more than 50% of a population group of 25 or more year-round residents depends and for which there is no practicable or affordable alternate water supply.
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPAA three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h).
STEEP SLOPEAny slope equal to or greater than 20% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
STREETAny avenue, street, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. "Street" shall include the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
A. Arterial streets: those streets used primarily for fast or heavy traffic.
Major streets: those streets used primarily for heavy local and through traffic.
Collector streets: those streets which carry traffic from minor streets to major streets, including principal entrance streets of a residential development and streets for circulation within such a development.
Minor streets: those streets used primarily for access to the abutting properties.
Marginal access streets: those streets parallel or adjacent to controlled access highways or major thoroughfares, and which provide access to abutting properties and protection from through traffic.
Alleys: minor ways used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
STREET LINEThe edge of the improved street including pavement, shoulders, gutters, sidewalks, parking areas, curbs and planting strips or pavers.
SUBDIVIDERAn applicant for development who seeks to subdivide the property in question.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
A. Divisions of land, if found by the Planning Board or Technical Review Committee thereof appointed by the Chairman to be used for agricultural purposes where all resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons all of which are found and certified by the administrative officer to conform with the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Town. The term "subdivision" shall also include the term "resubdivision."
SURFACE WATER BODY(IES)Any perennial stream, intermittent stream, lake, pond, or reservoir. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation, shall also be considered surface water bodies.
TECHNICAL REVIEW COMMITTEEA committee of the Planning Board established by Chapter
166 to review any applications for development or requests for review presented to the Board which may benefit from preliminary review by the Board's professionals.
A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve any permanent improvements on a property.
THREATENED OR ENDANGERED SPECIESA species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TIME OF TRAVEL (TOT)The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
TROUT MAINTENANCE WATERA section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATERA section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
WELLHEADThe well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WHPA)An area described in plan view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
