Unless specifically defined below, words or phrases used in this
article shall be interpreted so as to give them the meaning they have
in common usage and to give this article its most reasonable application.
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.
ADAPTIVE REUSE
The process of extending the useful life of historic, old,
obsolete, and derelict buildings. Adaptive reuse also considers new
use requirements, socio-cultural demands, and environmental regulations.
Adaptive reuse projects seek to maximize the reuse and retention of
existing structures and fabrics as well as to improve economic, environmental,
and social performance of buildings. Adaptive reuse projects have
two different aspects: (1) changing the function of a building or
some parts of the building, which is known as "building conversion,"
and (2) recovering and reusing existing materials of a building, which
is referred to as "material reuse."
[Added 3-1-2021 by Ord.
No. 2021-3303]
BEST MANAGEMENT PRACTICE
A practice, or combination of practices, or control measures
determined to be an effective and practicable means to mitigate changes
to both quantity and quality of runoff caused through changes to land
use.
[Added 3-1-2021 by Ord.
No. 2021-3303]
CAFRA CENTERS, CORES OR NODES
Those areas within boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
[Amended 3-1-2021 by Ord. No. 2021-3303]
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).
[Amended 6-18-2007 by Ord. No. 2007-2917; 3-1-2021 by Ord. No. 2021-3303]
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 chapter.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding Township of Middletown, generally including housing
and access to public transportation.
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: a county planning agency;
or 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 New Jersey 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, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, development means: any activity that requires a state permit;
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council
"in consultation and 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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
ENVIRONMENTALLY CRITICAL AREAS
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 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 Non-Game 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:
[Added 3-1-2021 by Ord.
No. 2021-3303]
(1)
Treating stormwater runoff through infiltration into subsoil;
(2)
Treating stormwater runoff through filtration by vegetation
or soil; or
(3)
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
LOW-IMPACT DEVELOPMENT TECHNIQUES
Strategies and measures that manage stormwater runoff quantity
and quality in the absence of structural stormwater measures, such
as minimizing site disturbance, preserving natural vegetation and
other important site features such as forests and especially core
forests, reducing and disconnecting impervious cover, minimizing proposed
ground slopes, utilizing native vegetation, minimizing turf grass
lawns, revegetating areas, increasing time of concentration, and maintaining
and enhancing natural drainage features and characteristics.
[Added 3-1-2021 by Ord.
No. 2021-3303]
MAJOR DEVELOPMENT
[Amended 6-18-2007 by Ord. No. 2007-2917; 3-1-2021 by Ord. No. 2021-3303]
(1)
An individual development, as well as multiple developments
that individually or collectively result in:
(a)
The disturbance of one or more acres of land since February
2, 2004;
(b)
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
(c)
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
(d)
A combination of Subsection
(1)(a) and
(b) 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.
(2)
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
(1)(a),
(b),
(c) or
(d) 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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
MUNICIPALITY
Any city, borough, town, township, or village.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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 chapter. 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 chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with §
540-1005E(2) of this article 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 chapter.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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, 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.
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
Any amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REDEVELOPMENT
The clearance, re-planning, development and redevelopment;
the conservation and rehabilitation of any structure or improvement,
the construction and provision for construction of residential, commercial,
industrial, public or other structures and the grant or dedication
of spaces as may be appropriate or necessary in the interest of the
general welfare for streets, parks, playgrounds, or other public purposes,
including recreational and other facilities incidental or appurtenant
thereto, in accordance with the development plan.
[Added 3-1-2021 by Ord.
No. 2021-3303]
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
[Added 3-1-2021 by Ord.
No. 2021-3303]
(1)
A net increase of impervious surface;
(2)
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);
(3)
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
(4)
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:
[Added 3-1-2021 by Ord.
No. 2021-3303]
(1)
The total area of motor vehicle surface that is currently receiving
water;
(2)
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.
[Amended 3-1-2021 by Ord. No. 2021-3303]
SITE
The lot or lots upon which a major development, redevelopment
or adaptive reuse is to occur or has occurred.
[Amended 6-18-2007 by Ord. No. 2007-2917; 3-1-2021 by Ord. No. 2021-3303]
SOIL
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 BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
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.
[Amended 3-1-2021 by Ord. No. 2021-3303]
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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.
[Amended 3-1-2021 by Ord.
No. 2021-3303]
URBAN ENTERPRISE ZONE
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:
(1)
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), designated centers, cores or nodes;
(2)
Designated as CAFRA centers, cores or nodes;
(3)
Designated as Urban Enterprise Zones; and
(4)
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.
[Added 3-1-2021 by Ord.
No. 2021-3303]
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
groundwater 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."