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.
APPLICANT
The owner of the property on which the permit is applied
for or his legal agent.
BOARD
That entity that has been given the authority to enforce
this chapter by the municipal governing body.
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 dam.
DELINEATED STREAM
A stream that has a delineated floodway that has been officially
adopted by NJDEP and published in the 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 in 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 at 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.
It shall include:
(1)
Waste material that is toxic, carcinogenic,
genetically harmful, corrosive, irritating or sensitizing, radioactive,
biologically infectious, explosive or flammable.
(2)
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 1972,
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 ground
water 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 the 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.
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 N.J.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, railroads, 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.