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 and other state sources.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction and/or land uses normally associated with the
production of food, fiber and livestock for sale. Such uses do not
include the development of land for processing or sale of food and
the manufacturing of agriculturally related products.
BEST MANAGEMENT PRACTICES (BMPs)
"New Jersey Stormwater Best Management Practices Manual,"
adopted by the New Jersey Department of Environmental Protection ("Department")
originally in February 2004, as updated and revised. Consult www.njstormwater.org
for this manual and other pertinent information.
CATEGORY ONE WATERS or C-1 WATERS
Those waters designated in the tables in N.J.A.C. 7:9B-1.15(c)
through (h), for purposes of implementing the antidegradation policies
set forth in N.J.A.C. 7:9B-1.5(d), for protection from measurable
changes in water quality characteristics because of their clarity,
color, scenic setting, other characteristics of aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, or exceptional fisheries resource(s).
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 County Board of Chosen Freeholders
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 New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
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.
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 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 Development Board (CADB)
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
Any activity including the clearing, excavating, storing,
grading, filling, or transportation of soil or any other activity
that causes soil to be exposed to the danger of erosion.
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.
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 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.
GROUNDWATER
A body of water below the surface of the land in a zone of
saturation where the spaces between the soil or geological materials
are fully saturated with water.
HUC-14
A watershed as defined by the United States Geological Survey
with a fourteen-digit identifier; a subwatershed.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant of infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any "development" that provides for ultimately disturbing
the soil on one or more acres of land and/or any development that
provides an additional 1/4 acre of impervious surface on a development
site. This definition applies consistently to the term "major development"
as used throughout this article. (Note: "Major development," for purposes
of this article, is not identical to the definition in the Municipal
Land Use Law or local zoning ordinances.)
MAXIMUM EXTENT PRACTICABLE
Compliance with the specific objective to the greatest extent
possible taking into account equitable considerations and competing
factors, including but not limited to environmental benefits, pollutant
removal effectiveness, regulatory compliance, ability to implement
given site-specific environmental conditions, cost and technical or
engineering feasibility.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities that are not organized in a compact form.
NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES
Techniques that control or reduce stormwater runoff in the
absence of stormwater structures (e.g., basins and piped conveyances),
such as minimizing slopes, utilizing native vegetation, minimizing
turf grass lawns, increasing time of concentration and maintaining
and enhancing natural drainage features and characteristics.
NUTRIENT
A chemical substance and/or compound, such as nitrate or
phosphate, organic materials, etc., which is essential to and promotes
the development of organisms.
PERSON
Any individual(s), corporation, company, partnership, firm,
association, Township of Hillside, 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
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, cellar dirt, industrial,
municipal, agricultural, residential, 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.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired (including evaporated or transpired).
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.
SPECIAL RESOURCE WATERS
Water bodies receiving special protections due to their drinking
water status or role as high-quality habitat for threatened and endangered
species or species of commercial or recreational importance. This
includes waterways so designated through the New Jersey Stormwater
Management Rules (N.J.A.C. 7:8) because of exceptional ecological
significance, exceptional water supply significance, exceptional recreational
significance, exceptional shellfish resource, or exceptional fisheries
resource. Waters so designated are protected by a three-hundred-foot
buffer extending on either side of the waterway measured perpendicular
from top-of-bank or center of channel for waterways lacking a define
top-of-bank; see the definition of "Category One Waters or C-1 Waters."
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 COORDINATOR
The person(s) designated by the governing body to review
all development applications for compliance with federal, state, and
local stormwater control and stormwater management requirements. Unless
a different officer is appointed by the Township Council, the Township
Public Work Director shall serve as the Stormwater Coordinator.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designated
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 structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Stormwater flow on the surface or in the storm sewers, resulting
from precipitation.
STRUCTURAL STORMWATER TECHNIQUE
A stormwater management measure that involves control of
concentrated stormwater runoff or infiltration such as stormwater
basins, piped conveyance systems and manufactured stormwater devices,
and can include various types of basins, filters, surfaces, and devices
located on individual lots in a residential development or throughout
a commercial, industrial, or institutional development site in areas
not typically suited for larger, centralized structural facilities.
THREATENED AND/OR ENDANGERED SPECIES
Those species whose prospects for survival in New Jersey
are in immediate danger because of loss or change in habitat, overexploitation,
predation, competition, disease, disturbance or contamination. Assistance
is needed to prevent future extinction in New Jersey and those which
may become endangered if conditions surrounding them begin to or continue
to deteriorate. This definition includes protection of habitats of
these species.
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.
TOTAL SUSPENDED SOLIDS or TSS
Total suspended solids (TSS) are those solids in water that
can be separated from water by man-made or natural filtration or by
centrifuging. TSS can include a wide variety of material, such as
soil, decaying plant and animal matter, as well as organic and nonorganic
matter.
VEGETATION and/or VEGETATED BUFFER
Plant life and plant cover in soil, but not lawns. A suggested
list of native and noninvasive species appropriate for use for purposes
of this article is attached as Appendix A. This is not exclusive. In addition, the terms "vegetation"
and/or "vegetative buffer" are meant to be consistent with other NJDEP
definitions, i.e., contained in the Freshwater Wetlands Regulations,
etc., derived from the New Jersey Stormwater Best Management Practices
Manual, Chapter 7, Tables 7-9 and 7-10.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water 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."
Any person, entity, or association who erects, constructs, alters, repairs, converts, maintains, fails to maintain as required in §
188-77 hereof, or otherwise uses any building, structure or land in violation of this article, shall be subject to a fine of not more than $2,000 and/or a term of imprisonment of not more than 30 days, or both. Each day that a violation persists shall be a separate violation hereof.