N.J. Admin. Code § 2:90-1.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 2:90-1.2 - Definitions

All definitions in P.L. 1975 c. 251 are incorporated into the rules of this subchapter. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Act" means the Soil Erosion and Sediment Control Act of 1975, N.J.S.A. 4:24-39 et seq.

"Appeal" means a request for a review of district action.

"Agriculture and horticulture" means the utilization of land for the production of food, fiber, animals, and related activities customary to agricultural and horticultural production and operations.

"Certified plan" means a plan, and any revisions thereto, reviewed and approved by the district or exempt municipality as conforming to the standards promulgated by the Committee.

"Committee" means the State Soil Conservation Committee.

"Complete application" means an application and all required items as set forth in N.J.A.C. 2:90-1.4 for soil erosion and sediment control plan certification and that are administratively and technically sufficient for district or exempt municipality certification.

"Conservation plan" means a site specific plan which prescribes needed land treatment and related conservation and natural resource management measures deemed by the district to be practical and reasonable for the conservation and protection of agricultural or horticultural productivity and the control and prevention of nonpoint source pollution. Such plan is designed in accordance with the United States Department of Agriculture, June 1, 2005 Field Office Technical Guide, incorporated herein by reference, as amended and supplemented. To obtain a copy of the Field Office Technical Guide, see N.J.A.C. 2:90-1.8(b).

"Demolition" means the demolition of one or more structures including the disturbance of all land area necessary to accomplish the work.

"Exempt municipality" means any municipality that has secured soil erosion and sediment control ordinance approval for implementing N.J.S.A. 4:24-43 through 47 from the Committee prior to May 31, 1978.

"Hearing body" means the State Soil Conservation Committee.

"Major revision" means modifications to the soil erosion and sediment control plan which require the district to reevaluate the adequacy of erosion controls for the project and compare the plan to the standards.

"Minor revision" means modifications which require minimal examination of the submittal and do not impact the integrity of the previously certified soil erosion control measures as determined by the district.

"Sequence of construction" or "sequence" means a site specific chronology of proposed erosion control plan components including temporary and permanent soil erosion and sediment control measures, integrated with site development related land disturbances that minimizes erosion and sedimentation.

"Withdrawn plan" means a plan for soil erosion and sediment control which the applicant or their agent has rescinded from further action by the district.

N.J. Admin. Code § 2:90-1.2

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In introductory paragraph, added "P.L. 1975", deleted ", Laws of 1975," and substituted "rules" for "regulations"; rewrote definition "Appeal"; added definitions "Act," "Agriculture and horticulture," "Certified plan," "Committee," "Complete application," "Conservation plan," "Demolition," "Exempt municipality," "Major revision," "Minor revision," "Sequence of construction" and "Withdrawn plan."
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In the introductory paragraph, substituted "c." for "chapter", and substituted "into the rules of this subchapter" for "in these rules"; in definition "Agriculture and horticulture", substituted "utilization" for "cultivation", inserted a comma following "animals", and inserted "and horticultural"; in definition "Certified plan", inserted a comma following "plan" and following "thereto", and inserted "or exempt municipality"; and in definition "Complete application", inserted "or exempt municipality".