Definitions. The following words and terms, when used
in this chapter, shall have the following meanings unless the context clearly
indicates otherwise.
ACT
The Flood Hazard Area Control Act, N.J.S.A. 58:16A-50, et seq.
ALTERATION
Changes in banks, bed and vicinity of a stream which may affect its
flood-carrying capacity or environment.
APPLICANT
The owner of the property on which the permit is applied for or his
legal agent.
BOARD
The Planning Board of the Township of Cranbury.
DAM
Any artificial dike, levee or other barrier, together with appurtenant
works, which is constructed for the primary purpose of impounding water on
a permanent or temporary basis that raises the water level five feet or more
above its usual mean low-water height to the emergency spillway crest or in
the absence of an emergency spillway, the top of the dam.
DELINEATED STREAM
A stream that has a delineated floodway that has been officially
adopted by the New Jersey Department of Environmental Protection and published
in New Jersey Register.
ENCROACHMENT LINE
A line encompassing the channel of a natural stream and portions
of the one-hundred-year floodplain adjoining the channel which are reasonably
required to carry and discharge the floodwater or flood flow of any natural
stream. It is approximately equal to the floodway line along delineated streams.
Methods for determining this line are set out in N.J.A.C. 7:13-1.8 and in
the manual.
EXCEPTIONAL AND UNDUE HARDSHIP
Situations which strict compliance with this chapter would result
in peculiar and substantial burdens upon the applicant or owner and where
such compliance would not be necessary to avoid substantial detriment to the
public health, safety and general welfare.
FLOOD DAMAGE POTENTIAL
The susceptibility of a particular site to damage by potential floods
at that site, as well as increased off-site flooding or flood-related damages
caused by such use.
FLOOD FRINGE
That portion of the flood hazard area not designated as the floodway.
FLOODPLAIN
The relatively flat area adjoining the channel of a natural stream
which has been or may be hereafter covered by floodwater.
FLOODPROOFING
Any combination of structural and nonstructural design features,
additions, changes or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a natural stream and portions of the flood hazard
area adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream.
HAZARDOUS MATERIALS
Any waste or combination of waste which poses a present or potential
threat to human health, living organisms or the environment.
(1)
It shall include waste material that is toxic, carcinogenic, genetically
harmful, corrosive, irritating or sensitizing, radioactive, biologically infectious,
explosive, or flammable.
(2)
It includes, but need not be limited to, those materials and concentrations
of materials that are determined to be toxic by the Federal Secretary of Health
and Human Services pursuant to Section 20(6) of the Occupational Safety and
Health Act of 1970 (Public Law 91-596, OSHA) and those materials listed in
the current Part 172. Title 49 of the Code of Federal Regulations issued by
the Federal Department of Transportation.
MAJOR PROJECT
That class of project defined as major in the Ninety-Day Rules, N.J.A.C.
7:1C-1.
MANUAL
The technical Manual on Stream Encroachment published by the Department
of Environmental Protection (NJDEP) in draft form in December 1981, and any
subsequent amendments thereto.
MINOR PROJECT
That class of project defined as minor in the Ninety-Day Rules.
MLUL
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NET FILL
Additional earth or other fill beyond the total quantity already
present above the low-water level of the stream or groundwater level (whichever
is higher) in that portion of the project site which is in the flood hazard
area or one-hundred-year floodplain.
NJDEP
The New Jersey Department of Environmental Protection.
NON-TROUT WATERS
The non-trout waters identified in NJDEP's Surface Water Quality
Standards (N.J.A.C, 7:9-4.1 et seq.).
PROHIBITED USE
A use which shall not be allowed under any circumstances.
PROJECTS OF SPECIAL CONCERN
Stream encroachment projects which must be permitted by the NJDEP
and which, because of their potentially serious adverse effects, will be subject
to the special conditions described in N.J.A.C. 7:13-5.
REGULATED USE
Any use which is subject to the provisions of the sections of this
chapter dealing with regulated uses.
STREAM ENCROACHMENT
Any structure, alteration, filling, construction or other activity
within the area which would be inundated by the one-hundred-year flood of
any nondelineated stream or within the flood hazard area of a delineated stream.
STREAM ENCROACHMENT PERMIT
A permit issued by the Department, delegated agency or municipality
under the provisions of NJ.S.A. 58:16A-50 et seq. and N.J.A.C. 7:13.
STRUCTURE
Any assembly of materials above or below the surface of land or water,
including but not limited to buildings, fences, except as provided in this
chapter, dams, fills, levees, bulkheads, dikes, jetties, embankments, causeways,
culverts, roads, railroad, bridges, and the facilities of any utility or governmental
agency. Trees or other vegetation shall not be considered to be structures.
TROUT-ASSOCIATED STREAMS
Streams that are:
(2)
Trout-maintenance waters;
(3)
Non-trout waters upstream from trout-production waters (with or without
intervening trout-maintenance waters); or
(4)
Non-trout waters less than one mile upstream from trout-maintenance
waters that are not upstream from trout-production waters.
TROUT-MAINTENANCE WATERS
The trout-maintenance waters identified in the NJDEP's Surface
Water Quality Standards (N.J.A.C. 7:9-4).
TROUT-PRODUCTION WATERS
The trout-production waters identified in the NJDEP's Surface
Water Quality Standards (N.J.A.C. 7:9-4).
TROUT-STOCKED WATERS
Waters that are stocked with trout by the NJDEP's Division of
Fish, Game and Wildlife, as listed in the Fish Code adopted by the New Jersey
Fish and Game Council.