Unless specifically defined below, words or phrases used in
this Part 1 shall be interpreted so as to give them the meaning they
have in common usage and to give this Part 1 its most reasonable application.
When used in this Part 1, the following terms shall have the meanings
herein ascribed to them.
The propagation, rearing and subsequent harvesting of aquatic
organisms in controlled or selected environments, and their subsequent
processing, packaging and marketing, including, but not limited to,
activities to intervene in the rearing process to increase production,
such as stocking, feeding, transplanting and providing for protection
from predators.
Either a written statement signed and sealed by a licensed
New Jersey professional engineer attesting that a BMP design or stormwater
management system conforms to or meets a particular set of standards
or to action taken by the Commission pursuant to N.J.A.C. 7:50-3,
Part II or Part IV. Depending upon the context in which the term is
used, the terms "certify" and "certified" shall be construed accordingly.
The Planning Board or other board, agency or official of
the City with authority to approve or disapprove subdivisions, site
plans, construction permits, building permits or other applications
for development approval. For the purposes of reviewing development
applications and ensuring compliance with the requirements of this
Part 1, the City may designate the municipal engineer or other qualified
designee to act on behalf of the City.
The increase in soil bulk density caused by subjecting soil
to greater-than-normal loading. Compaction can also decrease soil
infiltration and permeability rates.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings, structures or components
of a stormwater management system, including, but not limited to,
collection inlets, stormwater piping, swales and all other conveyance
systems, and stormwater BMPs.
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 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.
The tested permeability rate with a factor of safety of two
applied to it (e.g., if the tested permeability rate of the soils
is four inches per hour, the design rate would be two inches per hour).
The change of or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In the case of development on agricultural land, i.e., lands
used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
"development" means any activity that requires a state permit; any
activity reviewed by the County Agricultural Boards (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.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any development,
grading, clearing or disturbance of an area in excess of 5,000 square
feet. "Disturbance" for the purpose of this Part 1 is the placement
of impervious surface or exposure and/or movement of soil or bedrock
or clearing, cutting or removing of vegetation.
All development other than major development.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a BMP, a stormwater management system,
a particular receiving water body or a particular point along a receiving
water body.
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 animal species;
threatened or endangered plants of the Pinelands pursuant to N.J.A.C.
7:50-6.27(a); large areas of contiguous open space or upland forest;
steep slopes; and wellhead protection and groundwater recharge areas.
Threatened and endangered habitat constitutes habitat that is critical
for the survival of a local population of threatened and endangered
species or habitat that is identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program, whichever is more inclusive. Threatened and endangered wildlife
shall be protected in conformance with N.J.A.C. 7:50-6.33.
The approval by the approving authority of a variance or other material departure from strict compliance with any section, part, phrase or provision of this Part 1. An exception may be granted only under certain specific, narrowly defined conditions described herein and does not constitute a waiver of strict compliance with any section, part, phrase or provision of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.).
A facility constructed through filling and/or excavation
that provides temporary storage of stormwater runoff. It has an outlet
structure that detains and attenuates runoff inflows and promotes
the settlement of pollutants. An extended detention basin is normally
designed as a multistage facility that provides runoff storage and
attenuation for both stormwater quality and quantity management. The
term "stormwater detention basin" shall have the same meaning as "extended
detention basin."
The elevation of the surface of the ground after completion
of final grading, either via cutting, filling or a combination thereof.
Modification of a land slope by cutting and filling with
the native soil or redistribution of the native soil which is present
at the site.
Water below the land surface in a zone of saturation.
A test performed to demonstrate that the groundwater below
a stormwater infiltration basin will not mound up, encroach on the
unsaturated zone, break the surface of the ground at the infiltration
area or downslope, and create an overland flow situation.
Equipment, machinery, or vehicles that exert ground pressure
in excess of eight pounds per square inch.
An area in an industrial or commercial development site where
solvents and/or petroleum products are loaded/unloaded, stored, or
applied; where pesticides are loaded/unloaded or stored; where hazardous
materials are expected to be present in greater than "reportable quantities"
as defined by the United States Environmental Protection Agency (EPA)
at 40 CFR 302.4; where recharge would be inconsistent with NJDEP-approved
remedial action work plan or landfill closure plan; and/or where a
high risk exists for spills of toxic materials, such as gas stations
and vehicle maintenance facilities. The term "HPLA" shall have the
same meaning as "high pollutant loading area."
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which precipitation enters the soil through
its surface.
A monetary fee collected by the City in lieu of requiring
strict on-site compliance with the groundwater recharge, stormwater
runoff quantity and/or stormwater runoff quality standards established
in this Part 1.
To assemble, construct, put in place or connect components
of a stormwater management system.
Acts necessary to prevent, limit, remedy or compensate for
conditions that may result from those cases where an applicant has
demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in a local
ordinance which is as protective as N.J.A.C. 7:8, and an exception
from strict compliance is granted by the City and the Pinelands Commission.
Guidance developed by the New Jersey Department of Environmental
Protection, in coordination with the New Jersey Department of Agriculture,
the New Jersey Department of Community Affairs, the New Jersey Department
of Transportation, municipal engineers, County Engineers, consulting
firms, contractors, and environmental organizations to address the
standards in the New Jersey Stormwater Management Rules, N.J.A.C.
7:8. The BMP Manual provides examples of ways to meet the standards
contained in the rule. An applicant may demonstrate that other proposed
management practices will also achieve the standards established in
the rules. The manual, and notices regarding future versions of the
manual, are available from the Division of Watershed Management, NJDEP,
P.O. Box 418, Trenton, New Jersey 08625; and on the NJDEP's website,
www.njstormwater.org. The term "New Jersey BMP Manual" shall have
the same meaning as "New Jersey Stormwater Best Management Practices
Manual."
The New Jersey Department of Environmental Protection.
The New Jersey Pollutant Discharge Elimination System as
set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.
A permit issued by the NJDEP pursuant to the authority of
the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C.
7:14A for a discharge of pollutants.
Any human-made or human-induced activity, factor, or condition,
other than a point source, from which pollutants are or may be discharged;
Any human-made or human-induced activity, factor, or condition,
other than a point source, that may temporarily or permanently change
any chemical, physical, biological, or radiological characteristic
of waters of the state from what was or is the natural, pristine condition
of such waters, or that may increase the degree of such change; or
Any activity, factor, or condition, other than a point source,
that contributes or may contribute to water pollution.
The term "NPS" shall have the same meaning as "nonpoint source."
A stormwater management measure, strategy or combination
of strategies that reduces adverse stormwater runoff impacts through
sound site planning and design. Nonstructural BMPs include such practices
as minimizing site disturbance, preserving important site features,
reducing and disconnecting impervious cover, flattening slopes, utilizing
native vegetation, minimizing turf grass lawns, maintaining natural
drainage features and characteristics and controlling stormwater runoff
and pollutants closer to the source. The term "low-impact development
technique" shall have the same meaning as "nonstructural BMP."
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a saturated unit area
of soil or rock material at hydraulic gradient of one, determined
as prescribed in N.J.A.C. 7:9A-6.2 (tube permeameter test), N.J.A.C.
6.5 (pit bailing test) or N.J.A.C. 6.6 (piezometer test). Alternative
permeability test procedures may be accepted by the approving authority,
provided the test procedure attains saturation of surrounding soils,
accounts for hydraulic head effects on infiltration rates, provides
a permeability rate with units expressed in inches per hour and is
accompanied by a published source reference. Examples of suitable
sources include hydrogeology, geotechnical, or engineering text and
design manuals, proceedings of American Society for Testing and Materials
(ASTM) symposia, or peer-review journals. Neither a soil permeability
class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation
test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for
establishing permeability values for the purpose of complying with
this Part 1.
Having a permeability of one inch per hour or faster. The
terms "permeable soil," "permeable rock" and "permeable fill" shall
be construed accordingly.
Any individual, corporation, company, partnership, firm,
association, municipality 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.
The Commission created pursuant Section 5 of the Pinelands
Protection Act, N.J.S.A. 13:18A-5.
The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C.
7:50 1.1 et seq).
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating
craft, from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture.
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.A. § 2011 et seq.)], thermal
waste, wrecked or discarded equipment, rock, sand, suspended solids,
cellar dirt, industrial, municipal, agricultural, 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.
A person licensed to practice professional engineering in
the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
One of two or more soil samples or tests taken at the same
location (within five feet of each other) and depth, within the same
soil horizon or substratum. In the case of fill material, replicate
tests are tests performed on sub-samples of the same bulk sample packed
to the same bulk density.
A particle size category consisting of mineral particles which are between 0.05 millimeter and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85% or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in § 330-35A, USDA soil textural triangle.
The upper limit of the shallowest zone of saturation which
occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
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.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin
which is not a rock substratum, including sediments below the biologically
active and/or weathered zones.
Any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels; and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to 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.
A basin or other facility constructed within permeable soils
that provides temporary storage of stormwater runoff. An infiltration
BMP does not normally have a structural outlet to discharge runoff
from the stormwater quality design storm. Instead, outflow from an
infiltration BMP is through the surrounding soil. The terms "infiltration
measure" and "infiltration practice" shall have the same meaning as
"stormwater infiltration basin."
Any structural or nonstructural strategy, 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. This includes,
but is not limited to, structural and nonstructural stormwater best
management practices described in the New Jersey BMP Manual and designed
to meet the standards for stormwater control contained within this
Part 1. The terms "stormwater best management practice" and "stormwater
BMP" shall have the same meaning as "stormwater management measure."
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
Unsaturated soil, above the seasonally high water table,
which contains less than 50% by volume of coarse fragments and which
has a tested permeability rate of between one inch and 20 inches per
hour.
Any waters of the state which are not groundwater.
A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
The time it takes for runoff to travel from the hydraulically
most distant point of the drainage area to the point of interest within
a watershed.
The insoluble solid matter suspended in water and stormwater
that is separable by laboratory filtration in accordance with the
procedure contained in the Standard Methods for the Examination of
Water and Wastewater prepared and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation. The term "TSS" shall have the
same meaning as "total suspended solids."
The ocean and its estuaries, all springs, streams and bodies
of surface and groundwater, whether natural or artificial, within
the boundaries of New Jersey or subject to its jurisdiction.
The upper surface of a zone of saturation.
A bored, drilled or driven shaft, or a dug hole, which extends
below the seasonally high water table and which has a depth which
is greater than its largest surface dimension.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture. Wetlands include coastal wetlands and inland wetlands,
including submerged lands. The New Jersey Pinelands Commission Manual
for Identifying and Delineating Pinelands Area Wetlands: A Pinelands
Supplement to the Federal Manual for identifying and Delineating Jurisdictional
Wetlands, dated January 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in this section, N.J.A.C. 7:50-2.11, 7:50-6.4 and
7:50-6.5. The term "wetland" shall have the same meaning as "wetlands."
A stormwater facility constructed through filling and/or
excavation that provides both permanent and temporary storage of stormwater
runoff. It has an outlet structure that creates a permanent pool and
detains and attenuates runoff inflows and promotes the settling of
pollutants. A stormwater retention basin can also be designed as a
multistage facility that also provides extended detention for enhanced
stormwater quality design storm treatment and runoff storage and attenuation
for stormwater quantity management. The term "stormwater retention
basin" shall have the same meaning as "wet pond."
