Terms used in the body of this part 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 part, the terms "shall" and "must" are indicative of a mandatory action or requirement while the word "may" is permissive.
For purposes of this part the following definitions shall apply:
AGRICULTURAL IMPERVIOUS COVER
Agricultural or horticultural buildings, structures or facilities with or without flooring, residential buildings and paved areas, but not meaning temporary coverings.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
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.
AGRICULTURAL OR HORTICULTURAL USE
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.
APPLICANT
Any entity applying to the Board of Health, Planning Board, Zoning Board of Adjustment, 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 part.
APPLICATION FOR DEVELOPMENT
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 § 25 or 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
AQUIFER
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.
ARCHAEOLOGICAL RESOURCES
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.
BEST MANAGEMENT PRACTICES (BMPs)
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.
BUILDING PERMIT
Used interchangeably with the term "Construction Permit"; see definition below.
CADB
County Agriculture Development Board.
CARBONATE ROCK
Rock consisting chiefly of calcium and magnesium carbonates, such as limestone and dolomite.
CARBONATE ROCK AREA
An area where rock consisting chiefly of calcium and magnesium carbonates, such as limestone and dolomite, has been identified.
[Added 12-18-2019 by Ord. No. 2019-10]
CLEAR-CUTTING
A forestry or logging practice in which most or all of the trees in a harvest area are cut down.
CLUSTER/CONSERVATION DESIGN 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.
CLUSTER/CONSERVATION DESIGN DEVELOPMENT GUIDELINES
Guidelines for cluster/conservation design development provided by the Highlands Council to guide municipalities in implementing cluster development projects and in assisting in local development review and Highlands Project Review.
CLUSTER PROJECT AREA
All of the individual parcels from which development is clustered including the area set aside for preservation and the area set aside for development.
COMMUNITY BASED ON-SITE WASTEWATER FACILITIES
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.
CONDITIONAL WATER AVAILABILITY
The amount of water availability allowed in a deficit HUC14 subwatershed, subject to certain mitigation requirements, as determined by the Highlands Council.
CONSTRUCTION PERMIT
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.
CONSUMPTIVE WATER USE
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.
CONTAMINANT
A substance capable of causing contamination of a water supply.
CONTAMINATION
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 (Groundwater 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.
CULTURAL RESOURCES
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.
CURRENT DEFICIT AREA
Any United States Geological Survey fourteen-digit Hydrologic Unit Code subwatershed area that is identified in the Highlands Regional Master Plan as having negative net water availability, meaning that existing consumptive and depletive water uses exceed the capacity of the groundwater supply to sustain.
[Amended 12-18-2019 by Ord. No. 2019-10]
DEFORESTATION
The conversion of forested areas to nonforested areas, whether for use as urban land, or any other nonforest 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.
DEPLETIVE WATER USE
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.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed; or if defined by the underlying municipal Zoning Ordinance, as provided therein.[2]
DENSITY, SEPTIC SYSTEM
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.
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 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.
DEVELOPMENT SET ASIDE OF CLUSTER PROJECT AREA
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 § 230-8.1.5.
DISCHARGE
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.
DISSOLUTION
A space or cavity in or between rocks, formed by the solution of part of the rock material.
DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
[Amended 12-18-2019 by Ord. No. 2019-10]
DISTURBANCE, ULTIMATE
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.
ENDANGERED SPECIES
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.
EXISTING CONSTRAINED AREAS
Stream flows within any HUC14 subwatershed(s) upstream of a Current Deficit Area.
FARM CONSERVATION PLAN
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 nonpoint source pollution.
FARMLAND SOILS, IMPORTANT
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.
FARMLAND SOILS OF LOCAL IMPORTANCE
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.
FARMLAND SOILS OF STATEWIDE IMPORTANCE
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.
FARMLAND SOILS, PRIME
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.
FARMLAND SOILS, UNIQUE
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.
FARM MANAGEMENT UNIT
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.
FARMSITE
A Farm Management Unit as defined above.
FLOOR AREA
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.
FLOOR AREA RATIO
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 Zoning Ordinance, as provided therein.[3]
FOREST
A biological community as determined by the method set forth under Appendix A,[4] as adapted from NJDEP Preservation Area Rules, at N.J.A.C. 7:38-3.9.
FOREST AREA, TOTAL
The percentage of total area that is covered in forest.
FOREST AREA, UPLAND
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).
FOREST, CORE
The area and percent of a forest patch that is greater than 300 feet from a forest edge.
FOREST INTEGRITY
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.
FOREST MANAGEMENT PLAN
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.
FOREST PATCH
A contiguous tract of forest bordered by either altered land or a road.
FOREST PATCH, MEAN DISTANCE TO CLOSEST (MDCP)
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.
GROUNDWATER
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.
GROUNDWATER AVAILABILITY
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.
HABITAT VALUE
The value of an ecosystem area for maintenance of a healthy population of a species as determined by quantity, quality, type, and function.
HAZARDOUS SUBSTANCE
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.
HAZARDOUS WASTE
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.
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
The determination made by the NJDEP of 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.
HIGHLANDS AREA
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.
HIGHLANDS HISTORIC AND CULTURAL RESOURCE INVENTORY
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.
HIGHLANDS OPEN WATERS
All springs, wetlands, intermittent and ephemeral streams, perennial streams and bodies of surface water, whether natural or artificial, located wholly or partially within the boundaries of the Highlands Region, but shall not mean swimming pools.
[Amended 12-18-2019 by Ord. No. 2019-10]
HIGHLANDS OPEN WATERS BUFFER
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 center line 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.
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
A permit to engage in a regulated activity in the Highlands Preservation Area issued by the NJDEP pursuant to the Highlands Act and the NJDEP Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38), 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 part, includes Highlands general permits unless explicitly excluded.
HIGHLANDS PUBLIC COMMUNITY WATER SUPPLY SYSTEM
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.
HIGHLANDS REDEVELOPMENT AREA
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.
HIGHLANDS RESOURCE AREA DETERMINATION (HRAD)
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.
HIGHLANDS SCENIC RESOURCE INVENTORY
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.
HISTORIC DISTRICT
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.
HISTORIC RESOURCES
Buildings, structures, objects, districts, sites, or areas that are significant in the history, architecture, archaeology, engineering or culture of a place or time.
HISTORIC SITE
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.
HUC
Hydrologic Unit Code; identification number developed by the USGS to designate drainage basins including watersheds and subwatersheds.
HUC14 SUBWATERSHED
A delineated subwatershed area identified by a fourteen-digit HUC, within which water drains to a particular receiving surface water body.
IMMEDIATE FAMILY MEMBER
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.
IMPERVIOUS SURFACE
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.
IMPERVIOUS SURFACES, CUMULATIVE
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.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
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.
KARST
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.
LIGHT DETECTION AND RANGING (LiDAR)
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.
LINEAR DEVELOPMENT
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.
LOW-IMPACT DEVELOPMENT
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.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land or a cumulative increase in impervious surface by 1/4 acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation, or the redevelopment of previously developed sites.
[Added 12-18-2019 by Ord. No. 2019-10]
MAJOR HIGHLANDS DEVELOPMENT
Except as otherwise provided pursuant to Subsection a of § 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 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; 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 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).
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
Land uses and activities determined by the Highlands Council to pose a major risk of groundwater contamination (see Appendix B[5]).
MASTER PLAN
For purposes of this part, all references to the "Township Master Plan," "master plan," or "Master Plan," refer to the municipal master plan, as adopted by the Township Planning Board.
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
For purposes of this part, 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."
MAXIMUM EXTENT PRACTICABLE
Designing stormwater management systems so that all reasonable opportunities for using nonstructural stormwater practices are exhausted and a structural BMP is implemented only where absolutely necessary.
[Added 12-18-2019 by Ord. No. 2019-10]
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
Land uses and activities determined by the Highlands Council to pose a minor risk of groundwater contamination (see Appendix C[6]).
MITIGATION
An action by an applicant providing compensation or offset actions for onsite stormwater management requirements where the 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 this local ordinance, and has received a waiver from strict compliance from the municipality. Mitigation shall include the implementation of the approved mitigation plan within the same drainage area where the subject project is proposed, or a contribution of funding toward a municipal stormwater control project, or provision for equivalent treatment at an alternate location, or any other equivalent water quality benefit as approved by the municipality.
[Added 12-18-2019 by Ord. No. 2019-10]
MUNICIPAL LAND USE LAW (MLUL)
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NJDA
New Jersey Department of Agriculture.
NJDA AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS RULES
The regulations established by the NJDA to implement requirements of the Highlands Act, titled and codified at N.J.A.C. 2:92.
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
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.
NJDOT
New Jersey Department of Transportation.
NJPDES
New Jersey Pollutant Discharge Elimination System.
NJPDES PERMIT
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.
NJ SOIL EROSION AND SEDIMENT CONTROL ACT RULES
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.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
NONEXEMPT PROJECT
Any project not eligible for an exemption from the Highlands Water Protection and Planning Act Rules, pursuant to N.J.A.C. 7:38-2.3.
[Added 12-18-2019 by Ord. No. 2019-10]
NONPUBLIC WELL
Any water supply well used for potable purposes other than a public community or noncommunity water supply well.
NONSTRUCTURAL STORMWATER MANAGEMENT
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.
NRCS
Natural Resources Conservation Service of the United States Department of Agriculture.
OPERATIONS AND CONTINGENCY PLAN
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.
PERSON
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.
PLANNING AREA
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 part, this terminology shall also be used to refer to Planning Area lands located solely within the Township.
POTENTIAL CONTAMINANT SOURCE (PCS)
Activity or land use that may be a source of a contaminant that has the potential to move into groundwater withdrawn from a well.
PRESERVATION AREA
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 part, this terminology shall also be used to refer to Preservation Area lands located solely within the Township.
PRESERVATION SET ASIDE OF CLUSTER PROJECT AREA
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 § 230-8.1.4.
PRIME GROUNDWATER RECHARGE AREA
Lands with the best groundwater recharge rates within a HUC14 subwatershed, as indicated by GSR-32 analysis, that provide the top 40% of the total recharge volume for the subwatershed.
[Added 12-18-2019 by Ord. No. 2019-10]
PUBLIC COMMUNITY WATER SYSTEM
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.
PUBLIC COMMUNITY WELL
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.
PUBLIC NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community water system and is either a "public nontransient noncommunity water system" or a "public transient noncommunity water system" as defined herein.
PUBLIC NONCOMMUNITY WELL
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.
PUBLIC NONTRANSIENT NONCOMMUNITY WATER SYSTEM
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.
PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community or a public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.
PUBLIC WATER SYSTEM
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 noncommunity water system" as defined herein.
RARE SPECIES
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.
REDEVELOPMENT
Land-disturbing activity that results in the creation, addition, or replacement of impervious surface area on an already developed or disturbed site. Redevelopment includes, but is not limited to the expansion of a building footprint, addition or replacement of a structure, replacement of impervious surface area that is not part of a routine maintenance activity, and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
[Added 12-18-2019 by Ord. No. 2019-10]
REFORESTATION
The restoration (replanting) of a forest that has been reduced by fire, cutting, or any other cause.
REGIONAL MASTER PLAN
The Highlands Regional Master Plan or any revision thereof adopted by the Highlands Water Protection and Planning Council pursuant to N.J.S.A. C.13:20-8.
[Added 12-18-2019 by Ord. No. 2019-10]
RESIDENTIAL DEVELOPMENT
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 part, 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.
RESOURCE MANAGEMENT SYSTEM PLAN
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 nonpoint source pollution; and 2) establishes criteria for resources sustainability of soil, water, air, plants, and animals.
REVIEWING BOARD
The municipal Planning Board or Zoning Board of Adjustment, as applicable, established pursuant to N.J.S.A. 40:55D-23 or 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 Planning Board).
RIPARIAN AREA
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.
RIPARIAN AREA, FLOOD-PRONE PORTION
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.
RIPARIAN AREA WILDLIFE CORRIDOR
A three-hundred-foot corridor on each mapped stream bank or from the stream center line if no stream bank is mapped.
RIPARIAN SOILS
Soils associated with Highlands Open Waters that are hydric, alluvial, or exhibit a shallow depth to seasonal high water table.
RMP UPDATE
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.
SADC
State Agriculture Development Committee.
SCD
Soil Conservation District, as established in accordance with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.
SCENIC RESOURCES
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.
SEDIMENTATION
The process of deposition of a solid material from a state of suspension or solution in a fluid (usually air or water).
SEPTIC SYSTEM
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.
SEWER SERVICE AREA (SSA)
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.
SHORELINE
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.
SITE DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
SLOPE or GRADE
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%.
SLOPES, CONSTRAINED
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.
SLOPES, LIMITED CONSTRAINED
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.
SLOPES, MODERATELY CONSTRAINED
All forested non-Riparian Area lands having a slope of 15% to less than 20%.
SLOPES, SEVERELY CONSTRAINED
All lands having slopes of 20% or greater and all lands within Riparian Areas having slopes of 10% and greater.
SLOPE, STEEP
Any slope having a grade of 15% or more, or if situated in a Riparian Area, of 10% or more.
SOIL CAPABILITY CLASS
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).
SOLAR PANEL
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.)
SPECIES OF SPECIAL CONCERN
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.
STORMWATER MANAGEMENT RULES
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.
STRUCTURE
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.
SUBSIDENCE SINKHOLES
Sinkholes formed by the downward settlement of unconsolidated overburden into openings in underlying, soluble bedrock.
SURFACE WATER
Any waters of the State of New Jersey which are not groundwater.
SUSTAINABLE AGRICULTURE
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).
TECHNICAL SERVICE PROVIDER (TSP)
Professionals from outside of the United States Department of Agriculture that are certified by the NRCS to assist agricultural producers in applying conservation measures.
THREATENED SPECIES
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.
TIME OF TRAVEL
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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
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 nonpoint sources (Load Allocations), after subtraction of a Margin of Safety and, where appropriate, a Reserve Capacity (for future pollutant loads).
VIEWSHED
An area of land, water or other physical features visible from a fixed vantage point.
WASTEWATER UTILITY
A publicly, privately, or investor-owned utility that collects and may treat sanitary wastewater, as regulated by the NJDEP.
WATER AVAILABILITY, CONDITIONAL
The amount of water availability allowed in a deficit HUC14 subwatershed, subject to certain mitigation requirements, as determined by the Highlands Council.
WATER AVAILABILITY, NET
The value assigned by the Highlands Council to a HUC14 subwatershed resulting from subtracting consumptive and depletive surface and groundwater uses from groundwater availability.
WATER CONSERVATION
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.
WATER-DEPENDENT USES
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.
WATER QUALITY MANAGEMENT PLAN (WQMP)
A plan prepared pursuant to §§ 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.
WATER USE AND CONSERVATION MANAGEMENT PLAN
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.
WELLHEAD
The well, borehole, and appurtenant equipment for a public community well, public noncommunity well, or nonpublic well within a cluster of nonpublic wells.
WHPA
Wellhead Protection Area.
ZONE OF SATURATION
A layer within or below the soil profile which is saturated with groundwater either seasonally or throughout the year.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: See Ch. 400, Zoning.
[3]
Editor's Note: See Ch. 400, Zoning.
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
[5]
Editor's Note: Appendix B is included as an attachment to this chapter.
[6]
Editor's Note: Appendix C is included as an attachment to this chapter.