[Adopted by Ord. No. 2005-7]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Township of Southampton so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Township of Southampton, and is designed and used for collecting
and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The spilling, dumping, or disposal of materials, other than
stormwater, to the municipal separate storm sewer system operated
by the Township of Southampton is prohibited. The spilling, dumping,
or disposal of materials other than stormwater in such a manner as
to cause the discharge of pollutants to the municipal separate storm
sewer system is also prohibited.
[Adopted by Ord. No. 2005-7]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Township of Southampton
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Adopted by Ord. No. 2005-7]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Township of Southampton, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision or this State subject to municipal
jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Township of Southampton, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Adopted by Ord. No. 2005-7]
The purpose of this section is to establish a yard waste collection
and disposal program in the Township of Southampton, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
CONTAINERIZE
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing State, County, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Adopted by Ord. No. 2005-7]
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Township
of Southampton, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
ILLICIT CONNECTIONS
Any physical or nonphysical connection that discharges domestic
sewage, non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Southampton, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES) (Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants
regulated under § 307(a), (b), or (c) of the Federal Clean
Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of basins, curbs, gutters, ditches,
manmade channels, or storm drains) that is owned or operated by the
Township of Southampton or other public body, and is designed and
used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Non-contact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Southampton any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Adopted by Ord. No. 2011-9]
This section requires the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the Township of Southampton so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
As used in this section, the following words shall have the
following meanings. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Township of Southampton or other public body, and is designed
and used for collecting and conveying stormwater. Such a system does
not include lakes, basins or manmade water bodies that are not expressly
dedicated to the Township of Southampton, nor piping or conveyances
with connect said lakes, basin or manmade water bodies.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
This section shall be enforced by the Township Engineer, the
Construction Code Official and by the Code Enforcement Officer of
the Township of Southampton.
[Adopted by Ord. No. 2011-9]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Township of Southampton
and/or the waters of the State so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
As used in this section, the following words shall have the
following meanings. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Township of Southampton or other public body, and is designed
and used for collecting and conveying stormwater. Such a system does
not include lakes, basins or manmade water bodies that are not expressly
dedicated to the Township of Southampton, nor piping or conveyances
which connect said lakes, basin or manmade water bodies.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
This section shall be enforced by the Director of Public Works
or his designee.
[Adopted 2-16-2021 by Ord. No. 2021-03]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. 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.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
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 Board of County Commissioners
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 Department of Environmental Protection.
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.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
a.
In the case of development of agricultural land, "development"
means: 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
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats 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 Nongame
Species Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
a.
Treating stormwater runoff through infiltration into subsoil;
b.
Treating stormwater runoff through filtration by vegetation
or soil; or
c.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
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.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2 that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
a.
An individual "development," as well as multiple developments
that individually or collectively result in:
1.
The disturbance of one or more acres of land since February
2, 2004;
2.
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
3.
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021, or the effective date of this section,
whichever is earlier; or
4.
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
b.
"Major development" includes all developments that are part
of a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection a1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this section. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this section. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this section,
provided the design engineer demonstrates to the municipality, in
accordance with Subsection 21-7.4f of this section and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this section.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
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, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
c.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
d.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
a.
The total area of motor vehicle surface that is currently receiving
water;
b.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
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 BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any 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 nonstormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
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:
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.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface 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
ground water 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.
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to a fine of not more than $2,000, imprisonment
for not more than 90 days, or both. Each day that a violation continues
shall be considered a new and separate violation of this section.
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Adopted by Ord. No. 2007-9; amended by Ord. No.
2007-15]
[Amended by Ord. No. 2008-4]
a. Applicability. Projects subject to review pursuant to Subsection
21-8.1c of this chapter shall comply with the requirements of Subsection
21-8.6b. and c. below.
b. General inspection. Maintenance and Repair Plan.
1. The design engineer shall prepare an Inspection, Maintenance and Repair Plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the Checklist Requirements established in Subsection
21-8.2. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.
2. The Inspection, Maintenance and Repair Plan shall contain the following:
(a)
Accurate and comprehensive drawings of the site's stormwater
management measures;
(b)
Specific locations of each stormwater management measure identified
by means of longitude and latitude as well as block and lot number;
(c)
Specific preventative and corrective maintenance tasks and schedules
for such tasks for each stormwater BMP;
(d)
Cost estimates, including estimated cost of sediment, debris
or trash removal; and
(e)
The name, address and telephone number of the person or persons
responsible for regular inspections and preventative and corrective
maintenance (including repair and replacement). If the responsible
person or persons is a corporation, company, partnership, firm, association,
municipality or political subdivision of this State the name and telephone
number of an appropriate contact person shall also be included.
3. The person responsible for inspection, maintenance and repair identified
under Subsection 21-8.6b,2 above shall maintain a detailed log of
all preventative and corrective maintenance performed for the site's
stormwater management measures, including a record of all inspections
and copies of all maintenance-related work orders in the Inspection,
Maintenance and Repair Plan. Said records and inspection reports shall
be retained for a minimum of five years.
4. If the Inspection, Maintenance and Repair Plan identifies a person
other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for inspection and maintenance,
the plan shall include documentation of such person's agreement to
assume this responsibility, or of the developer's obligation to dedicate
a stormwater management measure to such person under an applicable
ordinance or regulation.
5. If the person responsible for inspection, maintenance and repair
identified under Subsection 21-8.6b,3 above is not a public agency,
the maintenance plan and any future revisions based on Subsection
21-8.6b,3 below shall be recorded upon the deed of record for each
property on which the maintenance described in the maintenance plan
shall be undertaken.
6. The person responsible for inspection, maintenance and repair identified
under Subsection 21-8.6b,2 above shall evaluate the effectiveness
of the Inspection, Maintenance and Repair Plan at least once per year
and update the plan and the deed as needed.
7. The person responsible for inspection, maintenance and repair identified
under Subsection 21-8.6b,2 above shall submit the updated Inspection,
Maintenance and Repair Plan to Southampton Township when the Inspection,
Maintenance and Repair Plan is updated.
8. The person responsible for inspection, maintenance and repair identified
under Subsection 21-8.6b,2 above shall retain and make available,
upon request by any public entity with administrative, health, environmental
or safety authority over the site the Inspection, Maintenance and
Repair Plan and the documentation required by Subsection 21-8.6b,2
and 21-8.6b,3 above.
c. Responsibility for inspection, repair and maintenance shall not be
assigned or transferred to the owner or tenant of an individual property
in a residential development or project, unless such owner or tenant
owns or leases the entire residential development or project.
d. Preventative and corrective maintenance shall be performed to maintain
the function of the stormwater management measure, including, but
not limited to: repairs or replacement to any associated appurtenance
of the measure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; repair or replacement of linings; and restoration
of infiltration function.
e. Stormwater management measure easements shall be provided by the
property owner as necessary for facility inspections and maintenance
and preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities. The purpose of the easement shall
be specified in the maintenance agreement.
f. In the event that the stormwater management measure becomes a public
health nuisance or danger to public safety or public health, or if
it is in need of maintenance or repair, Southampton Township shall
so notify the responsible person in writing. Upon receipt of that
notice, the responsible person shall have 14 days to effect maintenance
and repair of the facility in a manner that is approved by the Municipal
Engineer or the Municipal Engineer's designee. Southampton Township,
at its discretion, may extend the time allowed for effecting maintenance
and repair for good cause. If the responsible person fails or refuses
to perform such maintenance and repair within the allowable time,
Southampton Township may immediately proceed to do so with its own
forces and equipment and/or through contractors and shall bill the
cost thereof to the responsible person.
g. Requirements for inspection, maintenance and repair of stormwater
BMPs that rely on infiltration. If a stormwater infiltration BMP is
incorporated into the design of a major development, the applicant
shall include the following requirements in its Inspection, Maintenance
and Repair Plan:
1. Once per month (if needed): Mow side slopes, remove litter and debris,
stabilize eroded banks, repair erosion at inflow structure(s);
2. After every storm exceeding one inch of rainfall: Inspect the stormwater
infiltration BMP to verify that the facility drains completely within
72 hours after the storm event. If stored water fails to infiltrate
72 hours after the end of the storm, corrective measures shall be
taken. Raking or tilling by light equipment can assist in maintaining
infiltration capacity and break up clogged surfaces. Removal and replacement
of the K5 sand layer and accumulated sediment may be required to restore
the original infiltration rate.
3. Four times per year (quarterly): Inspect stormwater infiltration
BMPs for clogging and excessive debris and sediment accumulation within
the BMP, remove sediment (if needed) when completely dry;
4. Two times per year: Inspect for signs of damage to structures, repair
eroded areas, check for signs of petroleum contamination and remediate;
5. Once per year: Inspect BMPs for unwanted tree growth and remove if
necessary, disc or otherwise aerate bottom of infiltration basin to
a minimum depth of six inches; and
6. Additional guidance for the inspection, maintenance and repair of
stormwater infiltration BMPs can be found in the New Jersey BMP Manual.
h. Financing of inspections, maintenance and repairs.
1. The applicant shall provide a maintenance guarantee in accordance
with N.J.S.A. 40:55D-53 to ensure that all stormwater management measure(s)
required under the provisions of this section will be maintained in
accordance with the specifications established herein.
2. Additionally, for those stormwater management measure(s) that are
to be inspected, maintained, and repaired by a public agency, the
Township of Southampton shall collect an up-front fee from the applicant
in the amount the Township of Southampton determines is needed to
provide long-term inspection, maintenance and repair for all stormwater
management measure(s). This up-front fee shall be placed in a dedicated
cash management account and expended by the Township of Southampton
for the sole purpose of conducting inspection, maintenance, and repair
activities for all stormwater management measure(s) required under
the applicant's major development application approval. The calculation
of the fee shall be based upon the Inspection, Maintenance, and Repair
Plan (hereinafter "Plan") required to be prepared by the applicant
and approved by the Township of Southampton. The Plan shall include
an estimate of the present value of the cost to inspect, maintain,
and repair the stormwater management measure(s) in accordance with
the Plan, for the useful life of those measure(s). The Township of
Southampton shall furnish the applicant their published hourly rates
as prescribed by their salary ordinance for Public Works and other
personnel having responsibilities associated with stormwater management.
Added to this fee, shall be an amount mutually determined by the Township
of Southampton and the applicant to account for the reconstruction
of stormwater management measure(s) that are reasonably anticipated
to be subject to long term failure. After an agreed number of years,
depending on the type of measure(s), the measure(s) will need to be
reconstructed. The amount shall be based on the future value of the
measure(s) being reconstructed. Both inflation rates and bank interest
rates shall be based on the ten-year average published in the Wall
Street Journal or other approved publication. Interest accruing in
the account must also be accounted for at an agreed upon interest
rate, to arrive at an amount. The cost for reconstruction the measure(s)
shall be taken from the engineer's probable cost estimate that is
utilized to determine the amount of performance guarantee. It is acceptable
to attach a percentage of failure to certain line items in the estimate.
3. Additionally, for those stormwater management measure(s) that are
to be inspected, maintained, and repaired by a homeowner's association,
condominium association, or some other form of nonpublic ownership,
no fees shall be collected by the Township of Southampton. Instead,
the ownership entity shall establish and maintain a fund for the annual
inspection and testing program, annual maintenance and repair, and
annual contribution to a contingency fund for long term reconstruction.
The initial cost agreed to for the annual inspection and testing program,
and annual maintenance and repair program shall be based upon actual
itemized proposals offered to the applicant by prospective vendors.
The annual costs expended on inspection, testing, and maintenance
shall be reported to the Township of Southampton to verify that maintenance
is not being deferred and to inform the Township of Southampton on
the magnitude of those services.
4. The contingency fund shall require sufficient funds to be committed
for long term reconstruction of the stormwater management measure(s).
Major reconstruction activities will necessitate proper financial
planning. After an agreed number of years, depending on the type of
measure(s), the measure(s) will need to be reconstructed. The contingency
fund in the financial schedule shall be based on the future value
of the measure(s) being reconstruction. Both inflation rates and bank
investment rates shall be based on ten-year average published in the
Wall Street Journal or other approved publication. Interest accruing
in the account must also be accounted for at an agreed upon interest
rate, to arrive at the annual contribution amount.
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application. When used in this section, the following terms shall
have the meanings herein ascribed to them.
AQUACULTURE
The propagation, rearing and subsequent harvesting of aquatic
organisms in controlled or selected environments, and their subsequent
processing, packaging and marketing, including but not limited to,
activities to intervene in the rearing process to increase production
such as stocking, feeding, transplanting and providing for protection
from predators.
CERTIFICATION
Either a written statement signed and sealed by a licensed
New Jersey professional engineer attesting that a BMP design or stormwater
management system conforms to or meets a particular set of standards
or to action taken by the Commission pursuant to N.J.A.C. 7:50-3,
Part II or Part IV. Depending upon the context in which the term is
used, the terms "certify" and "certified" shall be construed accordingly.
COMPACTION
The increase in soil bulk density caused by subjecting soil
to greater-than-normal loading. Compaction can also decrease soil
infiltration and permeability rates.
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings, structures or components
of a stormwater management system including but not limited to collection
inlets, stormwater piping, swales and all other conveyance systems,
and stormwater BMPs.
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:
1.
A County planning agency; or
2.
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.
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.
DESIGN PERMEABILITY
The tested permeability rate with a factor of safety of two
applied to it (e.g., if the tested permeability rate of the soils
were four inches per hour, the design rate would be two inches per
hour).
DEVELOPMENT
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights including, but not limited
to:
1.
A change in type of use of a structure or land;
2.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
3.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
4.
Commencement of resource extraction or drilling or excavation
on a parcel of land;
5.
Demolition of a structure or removal of trees;
6.
Commencement of forestry activities;
7.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
8.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
9.
Alteration, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In the case of development on agricultural land, i.e. lands
used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
development means: any activity that requires a State permit; any
activity reviewed by the County Agricultural Boards (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. 4:1
C-1 et seq.
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DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any "development,"
grading, clearing or disturbance of an area in excess of 5,000 square
feet. Disturbance for the purpose of this section is the placement
of impervious surface or exposure and/or movement of soil or bedrock
or clearing, cutting or removing of vegetation.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a BMP, a stormwater management system,
a particular receiving waterbody or a particular point along a receiving
waterbody.
ENVIRONMENTALLY CRITICAL AREA
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 animal species;
threatened or endangered plants of the Pinelands pursuant to N.J.A.C.
7:5-6.27(a); large areas of contiguous open space or upland forest;
steep slopes; and well head protection and groundwater recharge areas.
T & E habitat constitutes habitat that is critical for the survival
of a local population of threatened and endangered species or habitat
that is identified using the Department's Landscape Project as approved
by the Department's Endangered and Nongame Species Program, whichever
is more inclusive. Threatened and endangered wildlife shall be protected
in conformance with N.J.A.C. 7:50-6.33.
EXCEPTION
The approval by the approving authority of a variance or
other material departure from strict compliance with any section,
part, phrase or provision of this section. An exception may be granted
only under certain specific, narrowly defined conditions described
herein and does not constitute a waiver of strict compliance with
any section, part, phrase or provision of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-1.1 et seq.).
EXTENDED DETENTION BASIN
A facility constructed through filling and/or excavation
that provides temporary storage of stormwater runoff. It has an outlet
structure that detains and attenuates runoff inflows and promotes
the settlement of pollutants. An extended detention basin is normally
designed as a multi-stage facility that provides runoff storage and
attenuation for both stormwater quality and quantity management. The
term "stormwater detention basin" shall have the same meaning as "extended
detention basin."
FINISHED GRADE
The elevation of the surface of the ground after completion
of final grading, either via cutting, filling or a combination thereof.
GRADING
Modification of a land slope by cutting and filling with
the native soil or redistribution of the native soil, which is present
at the site.
GROUNDWATER
Water below the land surface in a zone of saturation.
GROUNDWATER MOUNDING ANALYSIS
A test performed to demonstrate that the groundwater below
a stormwater infiltration basin will not "mound up," encroach on the
unsaturated zone, break the surface of the ground at the infiltration
area or downslope, and create an overland flow situation.
HEAVY EQUIPMENT
Equipment, machinery, or vehicles that exert ground pressure
in excess of eight pounds per square inch.
HIGH POLLUTANT LOADING AREA
An area in an industrial or commercial development site:
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied; where pesticides are loaded/unloaded or stored; where
hazardous materials are expected to be present in greater than "reportable
quantities" as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; where recharge would be inconsistent
with NJDEP-approved remedial action work plan or landfill closure
plan; and/or where a high risk exists for spills of toxic materials,
such as gas stations and vehicle maintenance facilities. The term
"HPLA" shall have the same meaning as "High Pollutant Loading Area."
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
IN LIEU CONTRIBUTION
A monetary fee collected by Southampton Township in lieu
of requiring strict on-site compliance with the groundwater recharge,
stormwater runoff quantity and/or stormwater runoff quality standards
established in this section.
INFILTRATION
The process by which precipitation enters the soil through
its surface.
INSTALL
To assemble, construct, put in place or connect components
of a stormwater management system.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL
Guidance developed by the New Jersey Department of Environmental
Protection, in coordination with the New Jersey Department of Agriculture,
the New Jersey Department of Community Affairs, the New Jersey Department
of Transportation, Municipal Engineers, County engineers, consulting
firms, contractors, and environmental organizations to address the
standards in the New Jersey Stormwater Management Rules, N.J.A.C.
7:8. The BMP manual provides examples of ways to meet the standards
contained in the rule. An applicant may demonstrate that other proposed
management practices will also achieve the standards established in
the rules. The manual, and notices regarding future versions of the
manual, are available from the Division of Watershed Management, NJDEP,
PO Box 418, Trenton, New Jersey 08625; and on the NJDEP's website,
www.njstormwater.org. The term "New Jersey BMP Manual" shall have
the same meaning as "New Jersey Stormwater Best Management Practices
Manual."
NJDEP
The New Jersey Department of Environmental Protection.
NJPDES
The New Jersey Pollutant Discharge Elimination System as
set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.
NJPDES PERMIT
A permit issued by the NJDEP pursuant to the authority of
the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C.
7:14A for a discharge of pollutants.
NONPOINT SOURCE
1.
Any human-made or human-induced activity, factor, or condition,
other than a point source, from which pollutants are or may be discharged;
2.
Any human-made or human-induced activity, factor, or condition,
other than a point source, that may temporarily or permanently change
any chemical, physical, biological, or radiological characteristic
of waters of the State from what was or is the natural, pristine condition
of such waters, or that may increase the degree of such change; or
3.
Any activity, factor, or condition, other than a point source,
that contributes or may contribute to water pollution.
The term "NPS" shall have the same meaning as "nonpoint source."
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NONSTRUCTURAL BMP
A stormwater management measure, strategy or combination
of strategies that reduces adverse stormwater runoff impacts through
sound site planning and design. Nonstructural BMPs include such practices
as minimizing site disturbance, preserving important site features,
reducing and disconnecting impervious cover, flattening slopes, utilizing
native vegetation, minimizing turf grass lawns, maintaining natural
drainage features and characteristics and controlling stormwater runoff
and pollutants closer to the source. The term "Low Impact Development
technique" shall have the same meaning as "nonstructural BMP."
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERMEABILITY
The rate at which water moves through a saturated unit area
of soil or rock material at hydraulic gradient of one, determined
as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test), N.J.A.C.
6.5 (Pit Bailing Test) or N.J.A.C. 6.6 (Piezometer Test). Alternative
permeability test procedures may be accepted by the approving authority
provided the test procedure attains saturation of surrounding soils,
accounts for hydraulic head effects on infiltration rates, provides
a permeability rate with units expressed in inches per hour and is
accompanied by a published source reference. Examples of suitable
sources include hydrogeology, geotechnical, or engineering text and
design manuals, proceedings of American Society for Testing and Materials
(ASTM) symposia, or peer-review journals. Neither a Soil Permeability
Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation
Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for
establishing permeability values for the purpose of complying with
this section.
PERMEABLE
Having a permeability of one inch per hour or faster. The
terms "permeable soil," "permeable rock" and "permeable fill" shall
be construed accordingly.
PERSON
Any individual, corporation, company, partnership, firm,
association, municipality 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.
PINELANDS CMP
The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C.
7:50 1.1 et seq.).
POINT SOURCE
Any discernible, confined, and discrete conveyance, including,
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating
craft, from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture.
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
substances (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, suspended solids, 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.
PROFESSIONAL ENGINEER
A person licensed to practice professional engineering in
the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REPLICATE
One of two or more soil samples or tests taken at the same
location (within five feet of each other) and depth, within the same
soil horizon or substratum. In the case of fill material, replicate
tests are tests performed on sub-samples of the same bulk sample packed
to the same bulk density.
SAND
A particle size category consisting of mineral particles,
which are between 0.05 and 2.0 millimeters in equivalent spherical
diameter. Also, a soil textural class having 85% or more of sand and
a content of silt and clay such that the percentage of silt plus 1.5
times the percentage of clay does not exceed 15, as shown in Subsection
21-8.12c,1 (USDA Soil Textural Triangle).
SEASONALLY HIGH WATER TABLE
The upper limit of the shallowest zone of saturation which
occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
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,
which is not a rock substratum, including sediments below the biologically
active and/or weathered zones.
SOURCE MATERIAL
Any material(s) or machinery, located at an industrial facility,
which is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste 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.
SOUTHAMPTON TOWNSHIP
The Planning Board, Zoning Board of Adjustment or other board,
agency or official of Southampton Township with authority to approve
or disapprove subdivisions, site plans, construction permits, building
permits or other applications for development approval. For the purposes
of reviewing development applications and ensuring compliance with
the requirements of this section, Southampton Township may designate
the Municipal Engineer or other qualified designee to act on behalf
of Southampton Township.
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 INFILTRATION BMP
A basin or other facility constructed within permeable soils
that provides temporary storage of stormwater runoff. An infiltration
BMP does not normally have a structural outlet to discharge runoff
from the stormwater quality design storm. Instead, outflow from an
infiltration BMP is through the surrounding soil. The terms "infiltration
measure" and "infiltration practice" shall have the same meaning as
"stormwater infiltration basin."
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
nonstormwater discharges into stormwater conveyances. This includes,
but is not limited to, structural and nonstructural stormwater Best
Management Practices described in the New Jersey BMP Manual and designed
to meet the standards for stormwater control contained within this
section. The terms "stormwater Best Management Practice" and "stormwater
BMP" shall have the same meaning as "stormwater management measure."
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
SUITABLE SOIL
Unsaturated soil, above the seasonally high water table,
which contains less than 50% by volume of coarse fragments and which
has a tested permeability rate of between one and 20 inches per hour.
SURFACE WATER
Any waters of the State, which are not groundwater.
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.
TIME OF CONCENTRATION
The time it takes for runoff to travel from the hydraulically
most distant point of the drainage area to the point of interest within
a watershed.
TOTAL SUSPENDED SOLIDS
The insoluble solid matter suspended in water and stormwater
that is separable by laboratory filtration in accordance with the
procedure contained in the "Standard Methods for the Examination of
Water and Wastewater" prepared and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation. The term "TSS" shall have the
same meaning as "total suspended solids."
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface and groundwater, whether natural or artificial, within
the boundaries of New Jersey or subject to its jurisdiction.
WELL
A bored, drilled or driven shaft, or a dug hole, which extends
below the seasonally high water table and which has a depth which
is greater than its largest surface dimension.
WET POND
A stormwater facility constructed through filling and/or
excavation that provides both permanent and temporary storage of stormwater
runoff. It has an outlet structure that creates a permanent pool and
detains and attenuates runoff inflows and promotes the settling of
pollutants. A stormwater retention basin can also be designed as a
multi-stage facility that also provides extended detention for enhanced
stormwater quality design storm treatment and runoff storage and attenuation
for stormwater quantity management. The term "stormwater retention
basin" shall have the same meaning as "wet pond."
WETLANDS
Those lands, which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture. Wetlands include coastal wetlands and inland wetlands,
including submerged lands. The "New Jersey Pinelands Commission Manual
for Identifying and Delineating Pinelands Area Wetlands: A Pinelands
Supplement to the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January, 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in this section, N.J.A.C. 7:50 2.11, 6.4 and 6.5.
The term "wetland" shall have the same meaning as "wetlands."
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to not more than $1,000 or imprisonment
for 90 days or both. Each day that a violation continues shall be
regarded as a new and separate violation of this section.
The Township Construction Code Official shall enforce the provisions
for this section.
This section shall take effect immediately upon the following:
a. Certification by the Pinelands Commission in accordance with N.J.A.C.
7:50 Subchapter 3; and
b. Approval by the County review agency in accordance with N.J.A.C.
7:8-4.4.
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision or
clause of this section.
[Adopted by Ord. No. 2005-7; amended by Ord. No.
2011-9]
Unless specifically enumerated herein, this chapter shall be
enforced in Southampton Township Municipal Court by the New Jersey
State Police and/or the Code Enforcement Official of the Township
of Southampton.
Any person who is found to be in violation of the provisions of this chapter shall be subject to the penalties set forth in Chapter
3, Police Regulations, Penalties, Subsections
3-1.1 to
3-1.4, which are incorporated herein by reference.