Terms used in the body of this chapter which are defined by
the Highlands Act are intended to have the same definitions as provided
in the Highlands Act. Unless expressly stated to the contrary or alternately
defined herein, terms which are defined by the MLUL are intended to
have the same meaning as set forth in the MLUL. For purposes of this
chapter, the terms "shall" and "must" are indicative of a mandatory
action or requirement while the word "may" is permissive.
For purposes of this chapter the following definitions shall
apply:
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings.
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.
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.
Any entity applying to the Board of Health, Land Use Board,
Zoning 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
chapter.
[Amended 12-7-2021 by Ord. No. 2021-17]
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).
A geologic formation, group of formations, or partial formation
containing saturated permeable rock, sand or gravel sufficient to
store and transmit usable quantities of water to wells and springs.
Any material remains of past human life or activities which
are of archaeological interest, such as tools, structures or portions
of structures, pit houses, rock paintings, rock carvings, intaglios,
graves, human skeletal materials, or any portion or piece of any of
the foregoing items.
Structural or nonstructural methods used to prevent or reduce
the movement of sediment, nutrients, pesticides and other pollutants
from the land to surface or groundwater.
Used interchangeably with the term "construction permit;"
see definition below.
County Agriculture Development Board.
Rock consisting chiefly of calcium and magnesium carbonates,
such as limestone and dolomite.
A forestry or logging practice in which most or all of the
trees in a harvest area are cut down.
All of the individual parcels from which development is clustered
including the area set aside for preservation and the area set aside
for development.
A development design technique where principal buildings
and structures are grouped together on a portion of the cluster project
area, while the remaining land area is permanently deed-restricted
in agricultural use, for conservation of environmental resources,
or as open space for environmental protection including public recreational
use.
Sanitary sewerage treatment facilities (i.e., domestic treatment
works) that discharge treated wastewater to groundwaters as regulated
by a NJPDES permit under N.J.A.C. 7:14, which provide service to one
or more parcels that are approved and constructed as a single development
or planned development.
The amount of water availability allowed in a deficit HUC14
subwatershed, subject to certain mitigation requirements, as determined
by the Highlands Council.
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.
Any use of water that results in its evaporation, transpiration,
incorporation into products or crops, consumption by humans or animals,
or removal by any other means from a watershed or subwatershed, other
than by conveyances as untreated water supply, potable water, or wastewater.
A substance capable of causing contamination of a water supply.
The presence of any harmful or deleterious substances in
the water supply, including but not limited to hazardous substances,
hazardous wastes, and substances listed in the New Jersey Administrative
Code at N.J.A.C. 7:9C (Ground Water Quality Standards), N.J.A.C. 7:9B
(Surface Water Quality Standards) and N.J.A.C. 7:10 (New Jersey Safe
Drinking Water Act Regulations), and as these regulations may be amended
from time to time.
Sites, artifacts, or materials that relate to the way people
live or lived; for example, archaeological sites, rock carvings, ruins,
and the like. These resources are generally defined based on existing
documentation or artifacts discovered relating to activities of people
who lived, worked, or recreated in an area during a period in history.
A HUC14 subwatershed characterized by negative net water
availability, meaning that existing consumptive and depletive water
uses exceed the capacity of the groundwater supply to sustain them.
The conversion of forested areas to nonforested areas, whether
for use as urban land, or any other non-forest land use; disturbance
of an area characterized as "forest" pursuant to the procedures provided
in Appendix A, herein,[1] the extent or effect of which is to disqualify the area
from such designation.
The permitted number of dwelling units per gross acre of
land to be developed; or if defined by the underlying municipal Land
Use Ordinance, as provided therein.
The gross acreage of land area required per individual septic
system to physically contain and support its functions in keeping
with the specified wastewater design flow.
Use of water whereby it is withdrawn from a HUC14 subwatershed
and transported outside of the subwatershed (through utility conveyances
as untreated water supply, potable water, or wastewater), resulting
in a net loss of water to the subwatershed from which it originated.
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 MLUL.
All of the individual parcels within the area set aside for residential development including the infrastructure, open space, and utilities necessary to support the development pursuant to the requirements of § 101-41E.
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation. (Pursuant to § 101-23 of this chapter, when considering land for conversion to non-agricultural land uses in a Highlands Open Water buffer, historic or current agricultural land uses shall not be considered "land improvements," "development," "land disturbances," or "land uses" for purposes of calculating the previously disturbed area.)
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.
Species included on the list of endangered species that the
NJDEP promulgates pursuant to the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-13 et seq., and the Endangered Plant Species List
Act, N.J.S.A. 13:1B-15.151 et seq., and any species or subspecies
of wildlife appearing on any federal endangered species list or any
species or subspecies of plant designated as listed, proposed, or
under review by the federal government pursuant to the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq.
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.)
Stream flows within any HUC14 subwatershed(s) upstream of
a current deficit area.
A site-specific plan that prescribes needed land treatment
and related conservation and natural resource management measures,
including forest management practices, that are determined to be practical
and reasonable for the conservation, protection, and development of
natural resources, the maintenance and enhancement of agricultural
or horticultural productivity, and the control and prevention of non-point
source pollution.
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.
Farmland of local importance includes those soils that are
not prime or of statewide importance and are used for the production
of high-value food, fiber or horticultural crops.
Farmlands of statewide importance include those soils in
NRCS Land Capability Class II and III that do not meet the criteria
as prime farmland. These soils are nearly prime farmland and economically
produce high yields of crops when treated and managed according to
acceptable farming methods. Some may produce yields as high as prime
farmland if conditions are favorable.
Soils based on soil data prepared by the USDA NRCS including
the following four classifications: prime farmland soils, farmland
soils of statewide importance, unique farmland soils, and farmland
soils of local importance.
Prime farmlands include all those soils in NRCS Land Capability
Class I and selected soils from Land Capability Class II. Prime farmland
is land that has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber and oilseed crops and is also
available for these uses. It has the soil quality, growing season,
and moisture supply needed to economically produce sustained high
yields of crops when treated and managed according to acceptable farming
methods. Prime farmlands are not excessively erodible or saturated
with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
Soils used for special crops (such as cranberries in the
New Jersey Pinelands). Unique soils are determined on a statewide
basis by the State Soil Conservation Committee.
A farm management unit as defined above.
The area of each floor of a building lying within the inside
perimeter of its exterior walls excluding vent shafts, courts, and
unfinished areas such as basements or attics having ceiling heights
less than that required for habitable space under the building code.
The sum of the area of all floors of buildings or structures
compared to the total area of the site; or if defined by the underlying
Land Use Ordinance, as provided therein.
A biological community as determined by the method set forth
under Appendix A,[2] as adapted from NJDEP Preservation Area Rules, at N.J.A.C.
7:38-3.9.
The percentage of total area that is covered in forest.
A biological community that is a "forest," as defined above,
and that is not located in an area designated as Highlands Open Waters
(i.e., not a forested wetland or other Highlands Open Waters).
An expression of the application of landscape metrics to
evaluate the effects of forest fragmentation across the landscape,
thereby recognizing the ability of forests to provide essential ecosystem
functions.
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.
A contiguous tract of forest bordered by either altered land
or a road.
The average edge-to-edge distance between distinct forest
patches located within a one-thousand-foot search radius of one another.
The MDCP provides a measure of forest patch isolation within the landscape
area of interest.
The area and percent of a forest patch that is greater than
300 feet from a forest edge.
Water contained in the interconnected voids of a saturated
zone in the ground. A saturated zone is a volume of ground in which
the voids in the rock or soil are filled with water greater than or
equal to atmospheric pressure.
The total amount of water assigned by the Highlands Council
to a HUC14 subwatershed that can be used for consumptive and depletive
water uses by water uses that do not draw from water supplies with
a NJDEP-approved safe yield.
The value of an ecosystem area for maintenance of a healthy
population of a species as determined by quantity, quality, type,
and function.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
[Clean Water Act] (Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11
et seq., or Section 4 of the New Jersey Water Pollution Control Act
(N.J.S.A. 58:10A-1 et seq.) and as these regulations may, from time
to time, be amended. Substances listed include petroleum, petroleum
products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et
seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
The determination made by the NJDEP (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.
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 RMP.
The listing of historic, cultural and archaeological resources
within the Highlands Region, including, but not limited to, all properties
listed on the New Jersey or National Register of Historic Places;
all properties which have been deemed eligible for listing on the
New Jersey or National Register of Historic Places; and all properties
for which a formal opinion of the State Historic Preservation Office
(SHPO) has been issued.
All springs, streams including intermittent streams, wetlands,
and bodies of surface water, whether natural or artificial, located
wholly or partially within the boundaries of the Highlands Region,
but not including swimming pools. Highlands open waters include seeps,
lakes, ponds, and vernal pools; all categories (including springs,
streams, and wetlands) as described and defined in the Township Environmental
Resource Inventory.
In the Preservation Area, a three-hundred-foot buffer adjacent
to Highlands Open Waters in which no disturbance is permitted, except
as provided in N.J.A.C. 7:38-3.6. In the Planning Area, a three-hundred-foot
buffer around all Highlands Open Waters from the edge of the discernible
bank of the Highlands Open Waters feature, or from the centerline
of that feature where no discernible bank exists. With respect to
wetlands and other Highlands Open Waters features, the feature shall
include a protection buffer of 300 feet, measured from the mapped
wetlands (not from the wetlands buffer) delineated in a letter of
interpretation or Highlands Resource Area Determination, as applicable,
as provided by NJDEP.
An approval issued by the NJDEP pursuant to N.J.A.C. 7:38-6
pertinent to a regulated activity in the Highlands Preservation Area,
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 chapter, includes Highlands general
permits unless explicitly excluded.
Public water supply systems in the Highlands Region that
pipe water for human consumption to at least 15 service connections
or that regularly serve at least 25 year-round residents.
A property, portion of a property, or group of properties
designated as such by the Highlands Council and which includes one
or more of the following: a) a brownfield site; b) a grayfield site;
and c) any previously developed site in the Highlands Region. A Highlands
Redevelopment Area may include the intervening or surrounding lands
which are significantly affected by or necessary to support such sites,
and is subject to a Highlands Council-approved redevelopment plan
setting forth the scope and details of any redevelopment project(s)
and/or activities permitted to occur.
A formal determination issued by the NJDEP that confirms
the presence or absence of a Highlands Resource Area on a site, and
if present, its location and applicable boundary lines. A person may
apply for an HRAD only or in connection with an application for an
HPAA.
The inventory of regionally significant lands within the
Highlands Region that encompasses elements of high scenic quality
worthy of protection, as approved by the Highlands Council.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Buildings, structures, objects, districts, sites, or areas
that are significant in the history, architecture, archaeology, engineering
or culture of a place or time.
Any real property, man-made structure, natural object or
configuration of any portion or group of the foregoing of historical,
archaeological, cultural, scenic, or architectural significance.
Hydrologic Unit Code; identification number developed by
the USGS to designate drainage basins including watersheds and subwatersheds.
A delineated subwatershed area identified by a fourteen-digit
HUC, within which water drains to a particular receiving surface water
body.
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.
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.
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.
A system regulated under N.J.A.C. 7:9A for disposal of sanitary
sewage into the ground which is designed and constructed to treat
sanitary sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid effluent to a
disposal field, disposal bed, or disposal trench or trenches. The
term "septic system" is equivalent in meaning.
A distinctive topography that indicates solution of underlying
carbonate rocks (such as limestone and dolomite) by surface water
or groundwater over time, often producing surface depressions, sinkholes,
sinking streams, enlarged bedrock fractures, caves, and underground
streams.
Technology that uses an active sensor similar to radar that
transmits laser pulses to a target and records the time it takes for
the pulse to return to the sensor receiver. This technology is used
for high-resolution topographic mapping.
Infrastructure, utilities and the associated rights-of-way
therefor, including but not limited to such installations as railroads,
roads, sewerage and water supply pipelines, stormwater management
pipes and channels, natural gas and liquid fuel pipelines, electric,
telephone and other transmission lines, and in all cases, the associated
rights-of-way therefor.
An environmentally sensitive approach to land use planning
that uses a variety of landscape and design techniques to manage development
activities to mitigate potential adverse impacts on the natural environment.
Except as otherwise provided pursuant to Subsection a of
Section 30 of the Highlands Act ("Exemptions"): (1) any nonresidential
development in the Preservation Area; (2) any residential development
in the preservation area that requires an environmental land use or
water permit [from the NJDEP, 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 one-quarter acre or more; (3) 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 (4) 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 NJDEP, 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.)
Land uses and activities determined by the Highlands Council
to pose a major risk of groundwater contamination (see Appendix B[3]).
For purposes of this chapter, all references to the "Township
Master Plan," "master plan," or "Master Plan," refer to the municipal
master plan, as adopted by the Township Land Use Board.
[Amended 12-7-2021 by Ord. No. 2021-17]
For purposes of this chapter, 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."
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix C[4]).
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
Regulations adopted by the State Soil Conservation Committee
at N.J.A.C. 2:90-1, incorporating requirements for best management
practices regarding temporary and permanent soil erosion control.
New Jersey Department of Agriculture.
The regulations established by the NJDA to implement requirements
of the Highlands Act, titled and codified at N.J.A.C. 2:92.
New Jersey Department of Environmental Protection.
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.
New Jersey Department of Transportation.
New Jersey Pollutant Discharge Elimination System.
A permit issued by the NJDEP authorizing certain discharges
to ground- or surface waters of the State of New Jersey pursuant to
the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.,
as amended, and its implementing rules at N.J.A.C. 7:14A.
Any water supply well used for potable purposes other than
a public community or non-community water supply well.
Any lot having an area, dimension or location which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any structure having a size, dimension or location which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a municipal zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
Techniques and practices devised to manage stormwater runoff
and reduce pollution levels, without extensive construction efforts.
Nonstructural management strategies often mimic the natural hydrology
of a site and utilize site planning and design to accomplish stormwater
control.
Natural Resources Conservation Service of the United States
Department of Agriculture.
A management plan prepared in support of an existing or proposed
Major or Minor Potential Contaminant Source (PCS), that: a) documents
the specific PCS(s) existing or proposed for a particular site; b)
describes the types and quantities of substances and/or wastes expected
to be used, discharged or stored on the site; c) indicates the means
by which spillage, leakage or discharge of such materials will be
prevented; d) provides the means or methods to be used to contain
or remedy any accidental spill, leak, discharge or migration of such
materials from the site directly or indirectly into groundwater, surface
water bodies, or the land surfaces that provide recharge to the underlying
aquifer; e) indicates the procedures to be undertaken to notify the
appropriate administrative authorities, including but not limited
to the NJDEP and the Board of Health, regarding any accidental spillage
or discharge of such materials; and f) demonstrates that best management
practices have been incorporated into the design and management of
both the site and the particular PCS(s) it contains to ensure against
such discharges.
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
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 chapter, this terminology shall also be used to refer
to Planning Area lands located solely within the Township.
Activity or land use that may be a source of a contaminant
that has the potential to move into groundwater withdrawn from a well.
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 chapter, this terminology shall also be used to refer to Preservation
Area lands located solely within the Township.
All of the individual parcels within the area set aside for preservation that must be deed-restricted against further subdivision pursuant to the requirements of § 101-41D.
A public water system which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents.
A well that provides water to a public water system serving
at least 15 service connections used by year-round residents or regularly
serving at least 25 year-round residents.
A public water system that is not a public community water
system and is either a "public non-transient non-community water system"
or a "public transient non-community water system" as defined herein.
A well that is not a public community well and that provides
water to a public water system regularly serving at least 25 individuals
for at least 60 days in any given calendar year.
A public water system that is not a public community water
system and that regularly serves at least 25 of the same persons for
more than six months in any given calendar year.
A public water system that is not a public community or a
public non-transient non-community water system and that serves at
least 25 transient individuals for at least 60 days in any given calendar
year.
A system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such
system has at least 15 service connections or regularly serves at
least 25 individuals daily for at least 60 days out of the year. Such
term includes any collection, treatment, storage and distribution
facilities under control of the operator of such system and used primarily
in connection with such system, and any collection or pretreatment
storage facilities not under such control which are used primarily
in connection with such system. A public water system is either a
"public community water system" or a "public non-community water system"
as defined herein.
Wildlife species that are not endangered or threatened wildlife
species but are considered by the NJDEP to be species of special concern
as determined by a panel of experts, or that are ranked S1 (critically
imperiled in New Jersey because of extreme rarity), S2 (imperiled
in New Jersey because of rarity), S3 (rare in New Jersey), G1 (critically
imperiled globally), G2 (imperiled globally because of rarity) or
G3 (globally very rare and local throughout its range or found locally
in a restricted range) in the Natural Heritage Database, and plant
species of concern listed pursuant to N.J.A.C. 7:5C-3.1.
The restoration (replanting) of a forest that has been reduced
by fire, cutting, or any other cause.
Development dedicated to the creation of new dwelling units
or the improvement or expansion of existing dwelling units, whether
by new construction or conversion of existing building areas or portions
thereof, to dwelling use, including any type of residential structure
whether a single-family home (including group home), duplex, townhouse,
apartment or any other form of multifamily housing construction. For
purposes of this chapter, residential development shall include property
improvements associated with and either, required in support of or
customarily accessory to, the residential use, including but not limited
to porches, patios, decks, driveways, garages, storage sheds, swimming
pools, tennis courts, drywells, utility facilities, septic systems,
yard grading and retaining walls.
A site-specific conservation system plan that: (1) prescribes
needed land treatment and related conservation and natural resource
management measures, including forest management practices, for the
conservation, protection, and development of natural resources, the
maintenance and enhancement of agricultural and horticultural productivity,
and the control and prevention of non-point source pollution; and
(2) establishes criteria for resources sustainability of soil, water,
air, plants, and animals.
The municipal Land Use Board or Zoning Land Use Board, as
applicable, established pursuant to N.J.S.A. 40:55D-23 or N.J.S.A.
40:55D-69 respectively, or any committee formally designated and authorized
to act on behalf of such board pursuant to other provisions of the
MLUL (e.g., Minor Subdivision Committee of a Land Use Board).
[Amended 12-7-2021 by Ord. No. 2021-17]
Areas adjacent to and hydrologically interconnected with
Highlands Open Waters rivers and streams consisting of flood prone
areas, wetlands, soils that are hydric, alluvial, or have a shallow
depth to groundwater, and including wildlife passage corridors within
300 feet of surface Highlands Open Waters features.
A three-hundred-foot corridor on each mapped stream bank
or from the stream centerline if no stream bank is mapped.
Areas delineated by the Highlands Council based on NJDEP
flood prone and FEMA Q3 flood area mapping (NJDEP 1996, FEMA 1996)
including USGS documented (by prior flood events) and undocumented
flood prone areas and Federal Emergency Management Agency (FEMA) one-hundred-year
floodplain.
Soils associated with Highlands Open Waters that are hydric,
alluvial, or exhibit a shallow depth to seasonal high water table.
A factual update to the Highlands Regional Master Plan based
upon receipt of new, corrected or updated factual information and
verification by the Highlands Council.
State Agriculture Development Committee.
Soil Conservation District, as established in accordance
with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.
Sites and landscapes that are distinctive and remarkable
for their geology, topography, history, culture, and aesthetics or
can be representative of the defining character of a community. They
may include prominent ridgelines, mountainsides or hillsides, panoramic
vistas, community gateways and landmarks, river valleys, and agricultural
landscapes.
The process of deposition of a solid material from a state
of suspension or solution in a fluid (usually air or water).
A system regulated by N.J.A.C. 7:9A for disposal of sanitary
sewage into the ground which is designed and constructed to treat
sanitary sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid effluent to a
disposal field, disposal bed, or disposal trench or trenches. The
term "individual subsurface sewage disposal system" is equivalent
in meaning.
The land area identified in an areawide water quality management
plan from which generated wastewater is designated to flow to a domestic
treatment works or industrial treatment works. A distinct sewer service
area is established for each domestic treatment works and industrial
treatment works.
The ordinary high water mark, or point on the bank or shore
up to which the presence and action of the water is so continuous
as to leave a distinct mark either by erosion, destruction of terrestrial
vegetation, or other easily recognized characteristic.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
An area of land forming an incline; a measure used to describe
the degree of inclination of an area of land; the difference in vertical
elevation ("rise") of a land area occurring over a specified horizontal
distance ("run"). For example, a land area having a one-foot vertical
rise over a ten-foot horizontal run has a slope of 10%. A ten-foot
vertical rise over a twenty-five-foot horizontal run indicates a slope
of 40%.
Any slope having a grade of 15% or more or, if situated in
a Riparian Area, of 10% or more.
All non-Riparian Area lands having a slope of 15% to less
than 20% which are nonforested and exhibit one or more of the following
characteristics: a) highly susceptible to erosion; b) shallow depth
to bedrock; or c) a soil capability class indicative of wet or stony
soils.
All non-Riparian Area lands having a slope of 15% to less
than 20%, which are nonforested, are not highly susceptible to erosion,
and do not have a shallow depth to bedrock or a soil capability class
indicative of wet or stony soils.
All forested non-Riparian Area lands having a slope of 15%
to less than 20%.
All lands having slopes of 20% or greater and all lands within
Riparian Areas having slopes of 10% and greater.
Soil class designated by the United States Department of
Agriculture (USDA) Soil Survey, available from the Natural Resource
Conservation Service and containing descriptions of soil series on
a county-by-county basis (available online at www.soildatamart.nrcs.usda.gov).
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. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq,
as amended.)
Wildlife species identified by the NJDEP that warrant special
attention because of evidence of population decline or inherent vulnerability
to environmental deterioration or habitat modification that would
result in the species becoming threatened if conditions surrounding
the species begin or continue to deteriorate. The term includes species
for which there is little knowledge of current population status in
the state.
NJDEP rules at N.J.A.C. 7:8 that set forth the required components
of regional and municipal stormwater management plans, and establish
the stormwater management design and performance standards for new
(proposed) development.
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.
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in underlying, soluble bedrock.
Any waters of the State of New Jersey which are not groundwater.
An integrated system of plant and animal production practices
having a site-specific application that will over the long-term: (a)
satisfy human food and fiber needs; (b) enhance environmental quality
and the natural resource base upon which the agricultural economy
depends; (c) make the most efficient use of nonrenewable resources
and on-farm resources and integrate, where appropriate, natural biological
cycles, and controls; (d) sustain the economic viability of farm operations;
and (e) enhance the quality of life for farmers and society as a whole
(1990 Farm Bill).
Professionals from outside of the United States Department
of Agriculture that are certified by the NRCS to assist agricultural
producers in applying conservation measures.
An indigenous nongame wildlife species of New Jersey designated
pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A.
23:2A-13 et seq., and its implementing rules, N.J.A.C. 7:25-4.17,
as most recently amended.
The average time that a volume of water will take to travel
through the zone of saturation from a given point to a pumping well.
The pollutant loading that a surface water body may assimilate
without violating NJDEP surface water quality standards (N.J.A.C.
7:9B) and a determination of the extent to which pollutant loadings
to a water body must be reduced to restore that water body to a water
quality that complies with the surface water quality standards. A
TMDL includes an allocation of allowable pollutant loads to specific
point sources (wasteload allocations) and categories of non-point
sources (load allocations), after subtraction of a margin of safety
and, where appropriate, a reserve capacity (for future pollutant loads).
An area of land, water or other physical features visible
from a fixed vantage point.
A publicly, privately, or investor-owned utility that collects
and may treat sanitary wastewater, as regulated by the NJDEP.
The amount of water availability allowed in a deficit HUC14
subwatershed, subject to certain mitigation requirements, as determined
by the Highlands Council.
The value assigned by the Highlands Council to a HUC14 subwatershed
resulting from subtracting consumptive and depletive surface and groundwater
uses from groundwater availability.
Implementation of BMPs to ensure maximum water use efficiency
and reduction in water use and losses; measures may include low-impact
development techniques, water conserving fixtures, water valves, beneficial
reuse systems and capture of stormwater.
A plan prepared pursuant to Sections 208 and 303 of the Federal
Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. §§ 1288
et seq. and 1313 respectively), and the Water Quality Planning Act,
N.J.S.A. 58:11A-1 et seq., including the statewide WQMP, or areawide
or county WQMP as defined under N.J.A.C. 7:15.
A planning document approved by the Highlands Council to
ensure the sound use and management of water resources. Water use
and conservation management plans document the current state of water
availability and use in the subwatersheds of interest, set priorities
for the use and protection of available water, and establish methods
to reduce and, where feasible, eliminate net water availability deficits
where they exist.
Any use or activity that cannot physically function without
direct access to the body of water along which it is proposed. An
activity that can function on a site not adjacent to the water is
not considered water-dependent regardless of the economic advantages
that may be gained from a waterfront location.
The well, borehole, and appurtenant equipment for a public
community well, public non-community well, or non-public well within
a cluster of non-public wells.
Wellhead protection area.
A layer within or below the soil profile which is saturated
with groundwater either seasonally or throughout the year.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
