Shall mean a request for the review of the Township Engineer's interpretation of any provision of this subsection or a request for a variance from the Planning Board or Zoning Board, as the case may be.

Designation of a waterbody by NJDEP under N.J.A.C. 7:9B, as may be amended from time to time, that provides additional protection from any measurable change in existing water quality because of their exceptional ecological significance, or exceptional fisheries resources. C1 designation imposes a 300-foot riparian buffer which regulates certain activities under N.J.A.C. 7:8 (Stormwater Management rules) and N.J.A.C. 7:13 (Flood Hazard Area Control Act rules).

Shall mean a linear topographic depression that continuously or intermittently confines and/or conducts surface water, not including transient erosional gullies and other ephemeral features that temporarily form after heavy rainfall. A channel can be naturally occurring or can be of human origin through excavation or construction. A channel includes both bed and banks.

A restriction, easement, covenant, or condition, in any deed or other instrument recorded on property, appropriate to retaining land or water areas predominantly in their natural state, scenic or open or wooded condition; and/or for conservation of soil or wildlife; and/or as suitable habitat for fish or wildlife; and/or for outdoor recreation, park use, and/or public access, to forbid or limit any or all of the following in the conservation area:

Shall mean a permit issued by the Construction Official in accordance with N.J.A.C. 5:23 and subsection 16-10.3b. "Construction permit" may also be referred to as "building permit."

Shall mean a stream that has a delineated floodway officially adopted by NJDEP pursuant to N.J.A.C. 7:13.

Shall mean the elevations of the water surface of the floodway design flood and the flood hazard area design flood.

See subsection 16-15.9. (NOTE: Except as specified in Section 16-15, the repair, alteration and/or replacement of existing malfunctioning sanitary sewage (e.g., septic) systems located in critical areas outside of Flood Hazard Areas, that serve existing structures is deemed to be in the best interest of public health, safety and welfare and shall not be considered development for the purposes of this section; provided that the repair, alteration and/or replacement does not include an expansion of the design capacity of the sanitary sewage system, and provided further that any repair, alteration or replacement does not further disturb "critical areas," except where it is demonstrated to the Township Health Officer or their designee that such location is the only reasonably available and suitable location on the subject site for the sanitary sewage system based upon the results of soil and engineering data. No disturbance of "critical areas" shall be permitted until so authorized by the Township Health Officer, or his/her designee. The applicant or property owner shall revegetate abandoned sanitary sewage systems within any "critical area," subject to the Township Health Department review and approval and pursuant to a standard prototype developed by the Township Landscape Architect which is on file with the Township Health Department. These provisions do not preclude the applicant from obtaining approvals from any other regulatory agencies, when applicable, including but not limited to FEMA, NJDEP and the Somerset Union Soil Conservation District.)

Shall mean a non-basement building built to have the top of the lowest elevated floor raised above the ground and base flood elevation, plus freeboard, by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

See subsection 16-15.9.

Shall mean a soil that, in its undrained condition, is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation.

Shall mean a surface water drainage channel with definite bed and banks in which there is not a permanent flow of water.

A document issued by the Department under N.J.A.C. 7:7A-4, indicating the presence or absence of wetlands, State open waters, or transition areas; verifying or delineating the boundaries of freshwater wetlands, State open waters, and/or transition areas; or assigning a wetland a resource value classification.

Shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

Shall mean all waters of the State as defined in N.J.A.C. 7:7A, including waters of the United States as defined in N.J.A.C. 7:7A, but excluding groundwater as defined at N.J.A.C. 7:14A, and excluding freshwater wetlands as defined in N.J.A.C. 7:7A.

Shall mean a waterway, watercourse, river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically, depicted on the Montgomery Township Hydrography Map, dated October, 2024, which may be amended from time to time and is on file in the office of the Township Engineer.

Shall mean and include the greater of any area within a floodway, floodplain, flood hazard area, special flood hazard area; top of the channel banks of the stream, intermittent stream and/or State open water; plus the land area that extends 100 feet in all horizontal directions.

A collection of water on the surface of the ground, including, but not limited to, a bay, brook, creek, ditch, lake, pond, reservoir, river, or stream. A water also includes the path or depression through which the water flows or is confined. A water can be either naturally-occurring or resulting from human activity, in which case it is referred to as "human-made." A naturally-occurring water that is piped, relocated, or otherwise modified remains a naturally-occurring water for the purposes of this section. An underground pipe or culvert that conveys stormwater runoff is not a water unless the pipe or culvert was constructed to enclose, replace, or divert a previously existing, naturally occurring water. (Note: Not all waters are regulated.)