Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
APPLICANT
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office, proposing to engage in an activity that is regulated by the
provisions of this section, and that would be located in whole or
in part within a regulated Riparian Zone.
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.
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
HUC14
The fourteen-digit hydrologic unit code mapping delineating
a watershed boundary, as defined and established in New Jersey by
the United States Geological Survey.
IMPERVIOUS MATERIAL
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, elevation structures
and other similar structures, surfaces or improvements.
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 within the associated HUC14 watershed, 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 detention and treatment of storm wastewater.
LINEAR DEVELOPMENT
Land uses, such as roads, lanes, paths, railroads, sewerage
and stormwater, gas and water pipelines, electric, telephone, digital,
and other transmission or distribution lines, that have the basic
function of connecting two points, the rights-of-way or widening therefor,
and any accessory structures or uses directly associated therewith.
Linear development shall not include residential, commercial, institutional,
office or industrial buildings, irrigation lines, or newly constructed
improvements within a new land development such as utility lines or
pipes or internal circulation roads not serving an area wide or regional
purpose.
NO FEASIBLE ALTERNATIVE
A determination made by the Township Engineer regarding a
linear development or expansion of an existing linear development
that an alternative route, method or means of connecting the linear
development or safely accommodating the additional use of a linear
development is possible without resulting in greater disturbance or
alteration of a surface water body or riparian zone or resulting in
a development or expansion scheme or cost such that a hazardous, unsafe
or ineffective linear development will remain or be developed. Environmental
impacts such as increased air, water or noise pollution may be considered
by the Engineer in the evaluation of hazardous or unsafe conditions.
REDEVELOPMENT
The construction and/or reconstruction of structures or improvements
on areas which previously contained structures or other improvements.
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 within the associated HUC14 watershed. There is no riparian
zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront
barrier island, spit or peninsula.
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA
An area, 300 feet in width, 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 HUC14 drainage, pursuant to the
stormwater management rules at N.J.A.C. 7:8-5.5(h). Establishment
of the area shall be in accordance with § 200-101G(8).
STEEP SLOPES
Any percent of slope calculated as rise in feet per horizontal
run in feet, calculated for each two-foot topographic contour interval,
equal or greater than 20% as measured over any minimum run of 10 feet.
Steep slopes are determined based on topographic contour intervals
of two feet or less. Landscape berms constructed for purposes of landscape
buffering, recreation, or creating a sense of space or sequence shall
not be considered steep slopes for the purposes of this section.
STREAM, INTERMITTENT
A surface water body with definite bed and banks in which
there is not a permanent flow of water 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 within the associated HUC14 watershed.
STREAM, PERENNIAL
A surface water body that flows continuously throughout 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 within the associated HUC14 watershed.
SURFACE WATER BODY(IES)
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. 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.
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.
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.
WATER, FLUVIAL
A surface water body that is not influenced by the tide,
i.e., a nontidal water.
WATER, TIDAL
A surface water body that is influenced by the gravitational
interaction of the earth, the moon and the sun.