Definitions. In addition to the definitions set forth in §
550-5, the following terms shall apply to the provisions of this section:
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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 a) 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 b) 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.
HIGHLANDS ACT
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
HIGHLANDS APPLICABILITY DETERMINATION
The determination made by the NJDEP of 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)
A permit to engage in a regulated activity in the Highlands
Preservation Area issued by the NJDEP pursuant to the Highlands Act
and the NJDEP Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b. Highlands Preservation Area approval includes Highlands
general permits issued pursuant to N.J.S.A. 13:20-33d and promulgated
at N.J.A.C. 7:38-12. HPAA, when used in this section, includes Highlands
general permits unless explicitly excluded.
HIGHLANDS REGION
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.
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.
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.
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
The regulations established by the NJDEP 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.
PLAN CONFORMANCE
The process by which a municipality revises the master plan,
development regulations and other regulations related to the development
and use of land to conform them with the goals, requirements, and
provisions of the Regional Master Plan in accordance with the Highlands
Plan Conformance Guidelines.
PRESERVATION AREA
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.
REGIONAL MASTER PLAN
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.