As used in this chapter, the following words shall have the
meanings hereinafter set forth:
ACID-PRODUCING SOILS
Soils 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 AUTHORITY
The Planning Board or Construction Office with all of the
powers delegated, assigned, or assumed by them according to statute
or ordinance.
APPLICANT
The individual, corporation or entity submitting an application
for development.
APPLICATION FOR DEVELOPMENT
The 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).
AQUIFER
A 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 WATERS
Shall 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 WATERS
Those 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 APPLICATION
An 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.
CONTAMINATION
The degradation of natural water quality so that the water
is not suitable for human consumption.
CRITICAL ENVIRONMENTAL AREAS
Areas 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.
DEVELOPER
The 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.
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 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.
DISCHARGE
Any 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.
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
DRAINAGE RIGHT-OF-WAY
The 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 APPROVAL
The 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 PLAT
The 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.
FLOODWAY
Shall 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.
GLARE
The 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.
GROUNDWATER
Water 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 SUBSTANCE
Any 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 WASTE
Any 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 SURFACE
An area that has been covered by a layer of material that
is highly resistant to infiltration by water.
INTERMITTENT STREAM
A 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 RESERVOIR
Any 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 TRESPASS
Any 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.
LOT
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 DEVELOPMENT
Any 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 PLAT
The 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 PLAN
A 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 SUBDIVISION
The 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.
B.
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.
(2)
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.
(3)
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.
(b)
Future water and sanitary sewer utility installation and storm
drainage improvements.
MINOR SUBDIVISION PLAT
The 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.
NJDEP
New Jersey Department of Environmental Protection.
OBJECTIONABLE DIRECT GLARE SOURCE
Glare 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 MAP
A 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 SITE
Located 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 TRACT
Not 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 SITE
Located on the lot in question.
ON TRACT
Located 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 FIXTURE
An 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.
OWNER
Any 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 STREAM
A 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 GUARANTEE
Any 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.
PERSON
Any 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.
PLAT
A map or maps of a subdivision or site plan.
POLLUTED WATER
Drinking water exceeding a federal and/or state maximum contaminant
level (MCL).
POPULATION GROUP
A 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.
PRELIMINARY APPROVAL
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 PLAT
The 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.
PUBLIC COMMUNITY WELL
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 DRAINAGEWAY
The 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 WELL
A 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.
REDEVELOPMENT
The construction of structures or improvements on areas which
previously contained structures or other improvements.
RESUBDIVISION
The 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 ZONE
The 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 PLAN
A 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 FIXTURE
A 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 AQUIFER
Any 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 SWRPA
A 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 SLOPE
Any 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.
STREET
Any 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.
B.
Major streets: those streets used primarily for heavy local
and through traffic.
C.
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.
D.
Minor streets: those streets used primarily for access to the
abutting properties.
E.
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.
F.
Alleys: minor ways used primarily for vehicular service access
to the back or side of properties otherwise abutting on a street.
STREET LINE
The edge of the improved street including pavement, shoulders,
gutters, sidewalks, parking areas, curbs and planting strips or pavers.
SUBDIVIDER
An applicant for development who seeks to subdivide the property
in question.
SUBDIVISION
The 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.
B.
Divisions of property by testamentary or intestate provisions.
C.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
D.
Consolidation of existing lots by deed or other recorded instrument.
E.
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 COMMITTEE
A 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.
TEMPORARY USE
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 SPECIES
A 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 WATER
A 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 WATER
A 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.
WELLHEAD
The 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.
If any section, paragraph, sentence, clause or provision of
this chapter shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, invalidate
or nullify this chapter as a whole and such adjudication shall apply
only to the section, paragraph, sentence, clause or provision so adjudged,
and the remainder of this chapter shall be deemed valid and effective.