For purposes of this article the following definitions shall
apply:
AGRICULTURAL IMPERVIOUS COVER
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings. (N.J.S.A. 13:20-3.)
AGRICULTURAL or HORTICULTURAL DEVELOPMENT
Construction for the purposes of supporting common farmsite
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.
(N.J.S.A. 13:20-3.)
AGRICULTURAL or HORTICULTURAL USE
The use of land for common farmsite 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. (N.J.S.A. 13:20-3.)
APPLICANT
Any entity applying to the Board of Health, Land Use Board,
Zoning Officer, Construction Official or other applicable authority
of the municipality for permission or approval to engage in an activity
that is regulated by the provisions of this article.
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 section 25 or section 27 of P.L.
1975, c.291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
BUILDING PERMIT
Used interchangeably with the term "construction permit;"
see definition below.
CONSTRUCTION PERMIT
A permit issued pursuant to the New Jersey Uniform Construction Code, Chapter
23 of Title 5 of the New Jersey Administrative Code (N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject to the conditions and requirements established under the provisions therein.
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 the Municipal
Land Use Law. (N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4.).
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
(N.J.S.A. 13:20-3.)
DISTURBANCE, ULTIMATE
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation: contain no known man-made structures (whether above
or below the surface of the ground) other than such features as old
stone rows or farm field fencing; and consist of exposed rock outcroppings,
or areas which, through exposure to natural processes (such as weathering,
erosion, siltation, deposition, fire, flood, growth of trees or other
vegetation) are no longer impervious or visually obvious, or ecologically
restored areas which will henceforth be preserved as natural areas
under conservation restrictions.
ENVIRONMENTAL LAND USE or WATER PERMIT
A permit, approval, or other authorization issued by the
Department of Environmental Protection pursuant to the "Freshwater
Wetlands Protection Act," P.L. 1987, c.156 (N.J.S.A. 13:9B-1 et seq.),
the "Water Supply Management Act," P.L. 1981, c.262 (N.J.S.A. 58:1A-1
et seq.), the "Water Pollution Control Act," P.L. 1977, c.74 (N.J.S.A.
58:10A-1 et seq.), "The Realty Improvement Sewerage and Facilities
Act (1954)," P.L. 1954, c.199 (N.J.S.A. 58:11-23 et seq.), the "Water
Quality Planning Act," P.L. 1977, c.75 (N.J.S.A. 58:11A-1 et seq.),
the "Safe Drinking Water Act," P.L. 1977, c.224 (N.J.S.A. 58:12A-1
et seq.), or the "Flood Hazard Area Control Act," P.L. 1962, c.19
(N.J.S.A. 58:16A-50 et seq.). (N.J.S.A. 13:20-3.)
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise. (N.J.S.A. 13:20-3.)
FARMSITE
A farm management unit as defined above.
FOREST MANAGEMENT PLAN
A written guidance document describing the forest resources
present on a property, the landowner's management goals and objectives,
and the recommended practices or activities to be carried out over
time on the land. This tool is used to evaluate a forest land's current
state and provide a management process which, over time, meets the
landowner's objectives, while maintaining health and vigor of the
resource. Forest management plans are typically written for a ten-year
period. (Regional Master Plan, Glossary.)
HIGHLANDS APPLICABILITY DETERMINATION
A determination made by the New Jersey Department of Environmental
Protection (pursuant to N.J.A.C. 7:38-2.4) indicating whether a project
proposed for the Preservation Area is a major Highlands development,
whether any such major Highlands development is exempt from the Highlands
Act, and whether the project is consistent with the applicable Areawide
Water Quality Management Plan.
HIGHLANDS AREA
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan.
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
An approval issued by the New Jersey Department of Environmental
Protection pursuant to 7:38-6 pertinent to a regulated activity in
the Highlands Preservation Area, and including an HPAA that contains
a waiver pursuant to N.J.S.A. 13:20-33b.
IMMEDIATE FAMILY MEMBER
A spouse, child, parent, sibling, aunt, uncle, niece, nephew,
first cousin, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister,
half brother, or half sister, whether the individual is related by
blood, marriage, or adoption. (N.J.S.A. 13:20-3.)
IMPERVIOUS SURFACE
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
(N.J.S.A. 13:20-3.)
IMPERVIOUS SURFACES, CUMULATIVE
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
MAJOR HIGHLANDS DEVELOPMENT
Except as otherwise provided pursuant to Subsection a. of
§ 30 of the Highlands Act ("Exemptions"):
(a)
Any nonresidential development in the Preservation Area;
(b)
Any residential development in the Preservation Area that requires
an environmental land use or water permit (from the New Jersey Department
of Environmental Protection, see definition above), or that results
in the ultimate disturbance of one acre or more of land or a cumulative
increase in impervious surface by 1/4 acre or more;
(c)
Any activity undertaken or engaged in the Preservation Area
that is not a development but results in the ultimate disturbance
of 1/4 acre or more of forested area or that results in a cumulative
increase in impervious surface by 1/4 acre or more on a lot; or
(d)
Any capital or other project of a state entity or local government
unit in the Preservation Area that requires an environmental land
use or water permit (from the New Jersey Department of Environmental
Protection, see definition above), or that results in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more. Major Highlands development
shall not include any agricultural or horticultural development or
agricultural or horticultural use. Solar panels shall not be included
in any calculation of impervious surface. (As defined by the Highlands
Act, N.J.S.A. 13:20-1 et seq., as amended.)
MASTER PLAN
For purposes of this article, all references to the "Borough
Master Plan," "master plan," or "Master Plan," refer to the municipal
master plan, as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-5),
as adopted by Borough Land Use Board.
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
For purposes of this article all references to the Highlands
Regional Master Plan (RMP), shall be by use of the words "Highlands
Regional Master Plan," "Highlands RMP," "Regional Master Plan," or
"RMP."
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
The regulations established by the New Jersey Department
of Environmental Protection to implement requirements of the Highlands
Act, titled "Highlands Water Protection and Planning Act Rules," and
codified at N.J.A.C. 7:38-1 et seq.
PLANNING AREA
Lands within the Highlands Region that are not located in
that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b). For
purposes of this article, this terminology shall also be used to refer
to Planning Area lands located solely within the Borough.
PRESERVATION AREA
Lands within the Highlands Region that are located in that
portion designated by the Highlands Act as the "Preservation Area"
(see metes and bounds description at N.J.S.A. 13:20-7b). For purposes
of this article, this terminology shall also be used to refer to Preservation
Area lands located solely within the Borough.
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (N.J.S.A. 13:20-3.)
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.