West Orange City Zoning Code

Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

Means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

Means waters of the state designated in N.J.A.C. 7:9B- 1.15(c) through (h) for purposes of implementing the anti-degradation policies set forth at 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).

Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

Means the increase in soil bulk density that reduces the soil's infiltration rate.

Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

Means any forest as defined below that has some portion of at least 330 feet from the edges of the total forest area.

Means an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

Means the Department of Environmental Protection.

Means 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.

Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

Means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

Means 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.

Means neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

Means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. 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.

Means an area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats 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.

Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

Means a wooded area having an ecosystem typically consisting of a thick growth of trees and plants that has occurred through natural succession or reforestation, that exhibits or normally exhibits a contiguous tree canopy of greater than either 200 feet in width in any direction or one acre in area. The term "forest" shall include but not be limited to "core forest" as defined above.

Means 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.

Means an area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

Means a surface water listed in the New Jersey Department of Environmental Protection Integrated Water Quality Assessment Report as failing to meet one or more designated uses or not meeting the standards set out in the Surface Water Quality Standards at N.J.A.C. 7:9B et seq.

Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surfaces include and are not limited to roofs, asphalt, concrete, some stone roads, parking lots, driveways, sidewalks, porous asphalt, porous concrete systems, synthetic turf fields, pools, and patios.

Is the process by which water seeps into the soil from precipitation.

Means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

Means using strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such as forests and especially core forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, using native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics.

Means a document required for the maintenance of stormwater management measures at all major and minor development projects. A maintenance plan shall contain specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance including replacement.

Means any development that results in a new dwelling and/or the construction of any site improvements that result in an increase in impervious cover by 400 square feet that results in an increase of stormwater runoff but does not meet the definition of a major development.

Means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

Means any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, race-tracks, and runways.

Means any city, borough, town, township, or village.

Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 25-29.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

Means the total amount of a nutrient entering a surface or groundwater resource during a given time. Nutrients may enter the water resource from runoff, recharge, point source discharges, or the atmosphere in the form of wet and/or dry deposition.

Means any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

Means a surface that is capable of transmitting or infiltrating a significant amount of precipitation into underlying material.

Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [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, 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.

Means those portions of a site covered by pavement, gravel, or dirt driveways, streets, roads and parking areas, gravel, pavement, buildings, impervious surfaces, lawns, or structures. Areas that simply have been (or have once been) cleared of vegetation are not considered previously developed if woody vegetation has been reestablished. Only those portions of a site that have been previously developed are exempt from the groundwater recharge requirements.

Means a pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity.

Means a federal, state, county, or municipal government, an independent state authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.) that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad.

Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

Means an activity that results in the creation, addition, or replacement of impervious surface area on an already developed site. Redevelopment includes but is not limited to the expansion of a building footprint; addition or replacement of a structure or a portion of a structure regardless of footprint; and replacement of impervious surface area that is not part of a routine maintenance activity. If a project is a redevelopment project, all new impervious cover, whether created by adding to or replacing impervious cover that was in existence before the redevelopment occurs, shall be considered in calculating the requirements for stormwater management. However, any such new impervious cover that will drain into an existing stormwater best management practice that is to remain after the redevelopment and that meets current stormwater management requirements shall be deducted from the total amount of impervious surface that must be treated by new stormwater best management practices. In the case of a redevelopment project, the pre-developed land cover shall be wooded.

Means any of the following, alone or in combination:

Means any of the following, alone or in combination:

Means retaining on-site through green infrastructure or reuse, 1/2 of the existing two-year rainfall for Essex County, multiplied by the projected two-year storm change factor, as defined in Table 6, entitled "Future Precipitation Change Factors."

Means 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.

Means the lot or lots upon which a major development is to occur or has occurred.

Means all unconsolidated mineral and organic material of any origin.

Means sediment, debris, trash, and other floating, suspended, or settleable solids.

Means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

Means 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.

Means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

Means any 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 non-stormwater discharges into stormwater conveyances.

Means a public body authorized by legislation to prepare stormwater management plans.

Means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

Means water flow on the surface of the ground or in storm sewers resulting from precipitation.

Means a flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

Means total maximum daily load formally established pursuant to N.J.S.A. 58:11A-7 and 33 U.S.C. § 12512 et seq. A TMDL is the sum of individual waste load allocations for point sources, load allocations for non-point sources of pollution, other sources such as tributaries or adjacent segments, and allocations to a reserve or margin of safety for an individual permit.

Means the Township of West Orange.

Means a neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

Means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

Is defined as previously developed portions of areas:

Means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

Means 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.

Means 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."

Means the growth of any combination of perennial plants that include trees, shrubs, and some vines that have woody stems.