No building shall hereafter be erected and no
existing building shall be moved, structurally altered, added to,
enlarged or rebuilt, nor shall any land be designed, used or intended
to be used for any purpose other than those included among the uses
listed as permitted uses in each zone by this Part 5 and meeting the
requirements as set forth by the Schedule I appended hereto and constituting
a part of this Part 5.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
No open space contiguous to any building shall
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area, building location, percentage of lot coverage,
off-street parking space and such other regulations designated in
the Schedule and this Part 5 for the zone in which such building or
space is located. In the event of any such unlawful encroachment or
reduction, such building shall be deemed to be in violation of the
provisions of this Part 5.
Every principal building shall be built upon
a lot with frontage upon a public road, unless relief is granted by
the Board of Adjustment or Planning Board under the provisions of
N.J.S.A. 40:55D-36 or 40:55D-60.
[Amended 4-15-1997; 3-5-2002]
Not more than one principal building shall be
allowed on a lot in any R-1, R-2, R-3, R-5 or R-10 Zone.
[Amended 9-3-2002]
A.
An accessory building or structure attached to the
principal building shall comply in all respects with the requirements
of this Part 5 applicable to the principal building.
B.
Freestanding accessory buildings shall be located
a minimum distance of 10 feet from the principal building.
C.
In the case of corner lots or lots having frontage
on more than one street, no accessory building or structure shall
be located in any portion of a yard having frontage on a street.
[Amended 9-3-2002]
The minimum required setback or yard for accessory
buildings and structures shall be as specified in Schedule I, Schedule
of Area, Yard and Building Requirements, and Schedule II, Schedule
of Requirements for Conditional Uses in R-1, R-2, R-3, R-5 and R-10
Zones.Editor's Note: Said schedules are included at the end of this
chapter.
[Amended 4-19-2022 by Ord. No. 2022-06]
A.
Off-street parking spaces shall be provided as specified in this Part 5 and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced with an all-weather pavement or gravel and shall be adequately drained. See Table No. 1, Off-Street Parking Requirements, included in § 113-325C.
B.
Off-street parking shall conform with the standards and requirements set forth in § 113-242.6 pertaining to EVSE and make-ready equipment.
C.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 113-325.
D.
A parking
space prepared with EVSE or make-ready equipment shall count as two
parking spaces for the purpose of complying with a minimum parking
space requirement. This shall result in a reduction of no more than
10% of the total required parking.
Corner lots shall provide the minimum front
yard requirements for the respective zone for each intersecting street
and shall have the required lot width along one of the streets.
No yard or other open space provided about any
buildings for the purpose of complying with the provisions of this
Part 5 shall be considered as providing a yard or open space for any
other building, and no yard or other open space on another lot shall
be considered as providing a yard or open space for a building on
any other lot.
At the intersection or interception of two or
more streets, no hedge, fence or wall higher than 3 1/2 feet
above curb level nor any obstruction to vision, other than a post
not exceeding one square foot in cross-section area, shall be permitted
on any lot nearer than 25 feet from either street or property line
not in the area forming a triangle when these points are connected.
A.
Height limitations stipulated elsewhere in this Part
5 shall not apply to church spires, belfries, cupolas, domes and flagpoles.
B.
Mechanical appurtenances, such as antennas, condensers,
exhaust fans and similar equipment, are exempt from height limitations,
provided that they do not exceed 10% of the roof area, do not extend
more than 10 feet above the height limitation for the zone in which
the building is located and that they are screened or shielded. Any
such excepted feature or appurtenance shall be set back from any street
or road and from any adjoining property line a distance not less than
the height of said excepted feature or appurtenance. Such features
or appurtenances shall be erected only to such height as is necessary
to accomplish the purpose they are to serve.
[Amended 11-17-1992 by Ord. No. 2:19E1-92; 1-17-1995 by Ord. No. 2:19I1-95]
Generally, any use not specifically permitted
in that zone established by this Part 5 is specifically prohibited
in that zone.
A.
The following uses and activities, whether or not
accessory to a permitted use, are specifically prohibited in any zone
in the Township:
(1)
Advertising signs.
(2)
Airports and heliports.
(3)
Auction markets and flea markets.
(4)
Automobile wrecking yards, junkyards, or disassembly
yards.
(5)
Explosives storage, except in small arms ammunition
or storage by special permit where explosives are to be used on premises.
(6)
Incineration, reduction, storage or dumping
of slaughterhouse refuse, rancid fats, garbage, dead animals or offal.
(7)
Privately operated dumps.
(8)
Seasonal cottages and bungalow colonies.
(10)
Soil removal or soil deposit in excess of 600
cubic yards for use other than on the premises from which removed
or deposited, except for all construction in accordance with a subdivision
or site plan approved by the Planning Board or Zoning Board of Adjustment.
(12)
Trailer and mobile home parks and overnight
or tourist cabins.
[Amended 6-2-1997]
(13)
Auctions of personal property not owned by the
owner or tenant of the premises where the auction is conducted. Each
prohibited item sold shall be considered a separate offense.
[Added 7-7-1998]
(14)
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c.16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 6-1-2021 by Ord. No. 2021-09]
B.
Chubb Park. The uses and activities in this Subsection B of § 113-237 may be conducted in the municipal park known as "Chubb Park," provided that the Chester Township Park Advisory Committee gives its prior approval of the use and activities. No such use or activities may be located within a minimum distance of 200 feet of a residential building. The following may be permitted in Chubb Park as provided herein:
(1)
Carousels, merry-go-rounds and similar type
rides.
(2)
Roller coasters.
(3)
Open-air theaters and concerts.
(4)
Ferris wheels.
(5)
Train rides.
(6)
Midways, sideshows, carnivals, fairs or similar
commercial recreation uses and activities.
(7)
Fireworks displays.
(8)
Horse shows and other animal competitions or
shows.
(9)
Sports and athletic activities.
(10)
Day camps.
(11)
The parking of travel trailers and the erection
of external lighting and sound systems in support of the activities
listed.
(12)
Turtle races.[2]
[2]
Editor's Note: Former Subsection C, marijuana uses, added
, was superseded 6-1-2021 by Ord. No. 2021-09. See now § 113-237A(14).
[Added 4-17-2007 by Ord. No. 2007-11]
A.
No temporary storage container shall be placed within
a yard of any residence so as to be visible from a street for more
than seven consecutive calendar days without first obtaining a permit
from the Township's Zoning Official for an extended period of use,
not to exceed 30 consecutive calendar days, or as may be renewed for
one additional period of up to 30 days. In no event shall a temporary
storage container remain for more than 60 consecutive or cumulative
days in consecutive years or in a calendar year.
B.
Temporary storage containers used in connection with
a valid construction permit issued by the Township may be placed so
as to be visible from a street for a period of time beginning with
the issuance of a construction permit and concluding with the issuance
of the final certificate of occupancy.
C.
Temporary storage containers as defined in § 113-214 of this chapter shall include, but not be limited to, the following:
D.
No temporary storage container shall be placed in
any street, cartway or public road right-of-way.
Nothing in this Part 5 shall prohibit a driveway
in a required yard area.
Every use shall conform to the standards specified
in this Part 5.
All development in the Township shall be undertaken
and prosecuted in such a way as to avoid to the greatest extent possible
all marring or destruction of aesthetic or natural features such as
vistas, hilltops, streams, ponds and natural drainagecourses. The
Planning Board may impose particular requirements to protect such
features in the case of any development involving an area where special
treatment is necessary to protect any such feature.
[Amended 2-17-2004; 11-3-2004; 4-5-2022 by Ord. No. 2022-01]
A.
Residential zones and properties. Commercial vehicles parked and stored on residential properties shall be subject to the regulations set forth in § 113-242, except as follows:
C.
[1]School buses. Buses used exclusively for the transportation
of Chester Township and Borough students may be parked on the same
property where a school building used for educational purposes is
located.
[1]
Editor's Note: Former Subsection C, Exclusion, was repealed 4-5-2022 by Ord. No. 2022-01. This ordinance also renumbered former Subsection D as
Subsection C.
[Amended 4-2-1991 by Ord. No. 2:19X-91]
A.
The parking or storage of commercial vehicles on residential
properties shall be considered a permitted accessory use, subject
to the following regulations:
[Amended 4-5-2022 by Ord. No. 2022-01]
(1)
No more than two commercial vehicles shall be
permitted on any residential property less than or equal to two acres
in size. No more than three commercial vehicles shall be permitted
on any residential lot greater than two acres in size.
(2)
No commercial vehicle to be stored outdoors
on any residential property shall exceed a gross vehicle weight rating
of 19,500 pounds.
(3)
All
commercial vehicles shall be owned by or registered to the resident
of the property or the resident's employer.
(4)
Any
commercial vehicle with a gross vehicle weight rating in excess of
14,000 pounds and/or in excess of 25 feet in length inclusive of any
attached trailer or other similar appurtenance shall be effectively
enclosed or screened so that the vehicle is not visible from any adjacent
property.
B.
The storage or parking of commercial earthmoving or excavating equipment and accessory equipment related thereto is not permitted in any residential zone, except as provided in § 113-241.
C.
The storage or parking of one piece of earthmoving
or excavating equipment used exclusively for personal use and not
for any commercial use is permitted in a residential zone, provided
that it is stored or parked in a manner so that it is enclosed or
screened so that the equipment is not visible from any public street
or any adjacent property.
[Added 12-17-2002]
A.
Telecommunications facilities, including antennas,
equipment and/or towers. The installation and operation of telecommunications
antennas, equipment, and/or towers shall be a permitted use in all
zoning districts in accordance with the requirements of this section.
B.
Exemptions. Notwithstanding the foregoing, the installation
of telecommunications antennas, equipment and/or towers used for the
following purposes are hereby specifically exempted from the requirements
of this section:
C.
Design standards for antennas, equipment, and/or towers.
(1)
Wireless telecommunications antennas may be
erected on existing buildings or structures, and an equipment compound
may be constructed in support of such antennas consistent with the
following requirements:
(a)
Antenna arrays may be mounted on existing buildings
or structures which are located on lots that comply with minimum bulk
requirements of the zone district. Antenna arrays shall not extend
beyond the overall height of any building or structure by more than
15 feet.
(b)
An equipment compound consisting of no more
than 4,000 square feet in area may be erected in support of the antenna
arrays of all providers utilizing the telecommunications facility.
The equipment compound shall be enclosed within a fence, which may
be constructed of cyclone fencing or solid wood, of at least seven
feet, but not more than eight feet, in height, as approved by the
Township Engineer and shall include a locking security gate. If high
voltage is necessary for the operation of equipment within the compound,
signs must be posted every 20 feet stating "Danger-High Voltage."
The operator must also post "No Trespassing" signs. No signage or
other methods of providing messages or commercial statements may be
attached, suspended or otherwise a part of the antenna or tower structure.
Electrified fence, barbed or razor wire shall be prohibited.
[Amended 5-2-2023 by Ord. No. 2023-14]
(c)
Accessory buildings are permitted if less than
500 square feet and 15 feet in height; however, accessory buildings
are permitted only if the buildings are constructed for the sole and
exclusive use and operation of the telecommunications facility and
they are buffered and screened from public view to such an extent
that they are not visible from the roadway or adjacent property lines.
Such facilities may not include office, long-term vehicle storage,
other outdoor storage or other uses that are not needed to send or
receive wireless telecommunications transmissions. All accessory buildings
shall be located in accordance with the setback requirements for a
principal building, except that the front yard setback distance for
such buildings shall be at least two times the requirement for principal
buildings. The use of compatible materials such as wood, brick or
stucco is required for all accessory buildings, which shall be designed
to match architecturally the exterior of residential structures within
the neighborhood. In no case will metal exteriors be allowed for accessory
buildings.
(d)
All telecommunications equipment shall be painted
or otherwise colored to minimize the equipment visibility. Telecommunications
equipment that is visible from ground level shall be colored to minimize
its visibility against its background, i.e., a building, a structure,
the sky or other natural background.
(2)
Wireless telecommunications towers (excluding
guyed towers), equipment and other structures in support of such tower,
including but not limited to antennas, accessory electrical equipment,
supporting masts and an equipment compound, may be erected within
all zones. The telecommunications tower and/or structures shall, except
as otherwise provided, adhere to the minimum standards of the zone
and the additional standards set forth in this section. In connection
with any application for a wireless telecommunications tower located
outside the P Public Zone, written reports shall be prepared which
shall address the following:
(a)
An applicant to construct a wireless telecommunications
tower shall present a written report with documentary evidence regarding
the need for cellular antennas within the Township of Chester. This
information shall identify the cellular network layout and coverage
areas to demonstrate the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless
telecommunications tower shall provide a written report with documentary
evidence that a legitimate attempt has been made to locate the antennas
on existing buildings or structures. Such evidence shall include a
radio frequency engineering analysis of the potential suitability
of existing buildings or structures in the search area for such antennas.
Efforts to secure such locations shall be documented through correspondence
between the wireless telecommunications provider and the property
owner(s) of the existing buildings or structures. The Township reserves
the right to engage, at the applicant's expense, a professional radio
frequency engineer to review such documentation.
(c)
In order to minimize tower proliferation, applicants
will be required to show that they have exhausted all possible avenues
for sharing space on existing towers or existing antenna locations.
Applicants for the installation of a telecommunications tower or equipment
are required to submit a map as part of their application showing
the location of all cellular towers within the operating range of
the Township and adjacent municipalities and to send a certified mail
announcement to all other communications tower and equipment users
and the property owners where such towers and equipment are located
stating their siting needs and sharing capabilities. No application
will be approved unless the applicant proposing the new equipment
demonstrates that, despite reasonable efforts, it is not practicable
to acquire the necessary rights or permission to install and operate
its equipment at the location of the existing equipment on commercially
reasonable terms or the site is otherwise not suitable due to construction
or other site specific limitations. The applicant shall provide competent
testimony and a written report by a radio frequency engineer regarding
the suitability of potential locations in light of the design of the
wireless telecommunications network. Where a suitable location on
an existing tower is found to exist, but an applicant is unable to
secure an agreement to collocate its equipment on such tower, the
applicant shall provide written evidence of correspondence with the
owner of such tower verifying that suitable space is not available
on the existing tower(s).
(d)
An applicant proposing to construct a wireless
telecommunications tower must demonstrate to the satisfaction of the
reviewing agency that suitable locations on existing buildings or
structures either do not exist or are not available; the applicant
may then erect a new telecommunications tower according to the following
requirements:
[2]
Minimum lot size: five acres.
[3]
Minimum lot width: 300 feet.
[4]
Minimum lot depth: 300 feet.
[5]
Minimum yard setback:
[a]
Front: no part of any tower shall
be closer than 200 feet or 2 1/2 times the highest point of the
tower, including all attached appurtenances, whichever is greater.
[b]
Side: no part of any tower shall
be closer than 200 feet or 2 1/2 times the highest point of the
tower, including all attached appurtenances, whichever is greater.
Sideline setback shall be measured on a horizontal line, regardless
of whether the widest portion of the tower is at ground level.
[c]
Rear: no part of any tower shall
be closer than 200 feet or 2 1/2 times the highest point of the
tower, including all attached appurtenances, whichever is greater.
[6]
Maximum height: 165 feet; provided,
however, that towers or other communications equipment may be erected
only to such height as is necessary to accomplish the purpose they
are intended to serve.
[7]
Maximum percent of impervious lot
coverage: 2%.
[8]
Installation of any tower, pole
or communications device, including additional installations by the
applicant or the collocation of equipment at the same site by additional
users, requires site plan approval.
[9]
Freestanding monopole structures
are the preferred type of construction. However, a lattice-type tower
may be required to support numerous antennas. Guyed towers are strictly
prohibited. Climbing rungs on monopoles must start at a height of
at least 25 feet above ground.
[10]
Telecommunications towers are
not considered a primary use and may be erected on or in conjunction
with any other primary building or structure on the property.
[11]
To the greatest extent possible,
all construction on the lot should be designed and sited in such a
manner as to be aesthetically and architecturally compatible with
its environment in order to minimize visibility from surrounding public
streets and adjacent properties. All freestanding equipment (i.e.,
not attached to an existing structure) shall be planted with a combination
of evergreen trees and shrubs to reduce visibility from public streets
or abutting residences.
[12]
Where approval involves a freestanding
structure owned or controlled by the applicant, approval of cellular
telecommunications equipment shall be conditioned upon the agreement
of the applicant to cooperate with other wireless telecommunications
services providers in permitting collocation of antennas on such structure
on commercially reasonable terms unless there are structural, mechanical,
regulatory or other limitations which make it unfeasible to accommodate
the proposed facility or the proposed facility would interfere with
the wireless communications of one or more existing occupants at the
site, including the applicant. As part of the application for tower
approval, the applicant shall document the extent to which additional
equipment could be mounted on the tower and the types of equipment
which could be accommodated.
[13]
The applicant shall furnish a
written report, prepared by a reputable individual or firm with expertise
in the area of radiation emissions, setting forth its opinion that,
upon installation of the equipment and commencement of operations,
aggregate radiation emissions from all equipment located at the site
will not exceed New Jersey Department of Environmental Protection
standards or the standards of any other law or regulation governing
the same. The written report shall indicate the factual basis for
such opinion.
[14]
Immediately following installation
and the commencement of operations of the equipment, the applicant
shall furnish a written report showing test results of aggregate radiation
emissions from all equipment located at the site.
[15]
The applicant shall be required
to file with the Township copies of any and all reports or other documentation
filed by the applicant at any time with the Federal Communications
Commission in connection with operations at the site.
[16]
The applicant shall be required
to provide documentation evidencing that any proposed communications
tower has been reviewed and has been determined not to be a hazard
by the Federal Aviation Administration (FAA). When lighting is required
by the FAA or other state or federal authority, it shall be oriented
inward so as to not project onto surrounding properties. Spot or flood
lighting shall not be permitted in and around the tower and accessory
buildings. All building and parking lighting shall be shielded utilizing
downward-facing fixtures in accordance with ordinance standards.
[17]
Equipment at a transmission facility
shall be automated to the greatest extent possible to reduce traffic
and congestion. The applicant shall provide a written description
of the anticipated maintenance needs, including frequency of service,
personnel needs, equipment needs and traffic, noise or safety impacts
of such maintenance. Where the site abuts or has access to a collector
and local street, access for maintenance vehicles shall be exclusively
by means of the collector street.
[18]
Parking for at least one vehicle
shall be provided with gravel or paved surface adjacent to any equipment
building at all tower locations.
[19]
Any new or modified tower must
be certified by a professional engineer to be in accordance with structural
standards for antennas promulgated by either the Electronic Industries
Association or the Telecommunication Industry Association.
[20]
Periodic inspections of communications
towers are required to ensure structural integrity.
[21]
If a tower is unused for a period
of six months, the owner of the tower will be required to remove such
tower and any accessory buildings or structures and to restore the
property to its original condition.
[22]
The equipment shall at all times
be operated in accordance with applicable industry standards.
[23]
The applicant shall maintain insurance
as required by the municipality.
D.
No wireless telecommunications tower shall be erected
within 900 feet of any of the following:
[Amended 5-20-2008 by Ord. No. 2008-6]
E.
No wireless telecommunications tower shall be erected
within 2,500 feet of any historic district or any historic site listed,
or designated as eligible for listing, on the National and/or State
Register of Historic Places.
F.
An application for a telecommunications facility located outside the P Public Zone shall be accompanied by a site plan prepared in accordance with Chapter 113, Land Use, from the Code of Chester Township. Site plan application fees and escrow requirements for wireless telecommunications facilities shall be in accordance with the Chester Township Fee Ordinance. Site plan approval shall not be required for new uses on governmentally owned land located in the P Public Zone but shall be subject to review of the Township professionals and approval of Township Council.
G.
The design standards and criteria established in this
section shall apply to all existing and proposed wireless telecommunications
facilities within Chester Township.
[1]
Editor's Note: Former § 113-242.1,
Conditional use; telecommunications facilities, added 6-2-1997, as
amended 10-3-2000, was repealed 2-6-2001.
[Added 1-18-2005]
A.
Statement of findings. The Township Council finds
that:
(1)
The groundwater underlying the Township is a
major source of existing and future water supplies, including drinking
water. The groundwater underlying the Township lies within the Northwest
New Jersey 15 Basin Aquifer Systems, designated as a "sole source"
aquifer under Section 1424(e) of the federal Safe Drinking Water Act
of 1974.
(2)
The groundwater aquifers are integrally connected
with, are recharged by, and flow into the surface waters, lakes and
streams, which also constitute a major source of water for drinking,
commercial and industrial needs.
(3)
Accidental spills and discharges of toxic and
hazardous materials may threaten the quality of these groundwater
supplies and related water sources.
(4)
Contaminated water from any source is a detriment
to the health, welfare and safety of the residents of the Township
and other users of these water resources.
(5)
Spills or discharges of hazardous substances
or hazardous wastes may contaminate or pollute water. As a preventive
measure, the proximity of stored materials to sources of water supplies,
such as all public community wells and noncommunity wells that serve
schools, should be restricted so that there will be sufficient time
to find and clean up such spills or discharges before water supplies
become contaminated.
B.
Purpose. The purpose of this § 113-242.2 is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the Township to ensure a supply of safe and healthful drinking water for present and future generations of local residents, employees and the general public in the Township, as well as users of these water supplies outside the Township. Areas of land surrounding each public community well and noncommunity well that serves a school, known as wellhead protection areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for groundwater contamination can be reduced. The purpose of the regulations contained in this § 113-242.2 is to prevent the migration of potential pollutants from areas within a WHPA into groundwater that is withdrawn from a public community well or school well.
C.
ADMINISTRATIVE AUTHORITY
APPLICANT
AQUIFER
BEST MANAGEMENT PRACTICES (BMP)
CONTAMINATION
DEVELOPMENT
DISCHARGE
GROUNDWATER
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
MAXIMUM CONTAMINANT LEVEL
NJDEP
PERSON
POLLUTED WATER
POLLUTANT SOURCE (PS)
PS
PUBLIC COMMUNITY WATER SYSTEM
PUBLIC NONCOMMUNITY WATER SYSTEM
PUBLIC NONTRANSIENT NONCOMMUNITY WATER SYSTEM
PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM
SOLE SOURCE AQUIFER
TIME OF TRAVEL (TOT)
TIER 1 WELLHEAD PROTECTION AREA
TIER 2 WELLHEAD PROTECTION AREA
TIER 3 WELLHEAD PROTECTION AREA
WELLHEAD
WELLHEAD PROTECTION AREA (WHPA)
WHPA
Definitions. Certain words, phrases, and terms in
this section are defined for the purpose thereof as follows:
The Planning Board or Board of Adjustment and the Board of
Health, acting jointly and in consultation, with all of the powers
delegated, assigned, or assumed by them according to statute or ordinance.
Person applying to the Board of Health, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this § 113-242.2, and that would be located within a regulated wellhead protection area.
Any subsurface water-saturated zone which is significantly
permeable so that it may yield sufficient quantities of water from
wells or springs in order to serve as a practical source of potable
water supply.
These are performance or design standards established to
minimize the risk of contaminating groundwater or surface waters while
managing the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
Sewage, industrial wastes, organisms of the coliform group,
water-borne pathogens, or harmful or objectionable material in potable
water. The term "contaminated" shall be used accordingly.
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 mine, 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 Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
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.
The portion of water beneath the land surface that is within
the saturated zone in which all the subsurface voids in the rock and
soil are filled with water.
Any substance designated under 42 U.S.C. § 9601
et seq. (CERCLA) or 40 C.F.R. 116 et seq., or the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11 et seq. Substances listed include
petroleum, petroleum products, pesticides, solvents and other substances.
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.
The maximum permissible level of a contaminant in water measured
at the point of entry to the distribution system or at the free-flowing
outlet of the ultimate user of a public water system or other water
system to which state primary drinking water regulations apply. Any
contaminant added to the water under circumstances controlled by the
user, except a contaminant resulting from corrosion of piping and
plumbing caused by water quality, is excluded from this definition.
New Jersey Department of Environmental Protection.
Any individual, corporation, company, firm, association,
joint-stock company, partnership, consortium, joint venture, commercial
or any other legal entity, municipality, state agency or federal agency.
In the content of drinking water, water is polluted when
a pollutant is present in excess of a maximum contaminant level or
bacteriological limit established by law or regulation.
Activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this section, "pollutant sources" are defined in Subsection F.
Pollutant source.
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at least
25 year-round residents.
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 in this
section.
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.
A public water system that is not a public community or public
nontransient noncommunity water system and that serves at least 25
transient individuals for at least 60 days in any given calendar year.
An aquifer that contributes to more than 50% of the drinking
water to a specific area and the water would be impossible to replace
if the aquifer were contaminated. Sole source aquifers are defined
with guidelines set forth by the U.S. Environmental Protection Agency
(EPA) as authorized in Section 1424(e) of the Safe Drinking Water
act of 1974.
An assessment of the speed with which water moves from the
land surface to a pumping well.
That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection D).
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection D).
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection D).
The well borehole and appurtenant equipment.
A delineation described in plan view of the horizontal extent
of groundwater captured by a well pumping at a specific rate which
flows to the well within a certain time period. Each groundwater WHPA
in Chester Township contains three tiers, labeled Tier 1, Tier 2,
and Tier 3. Tier 1 is a two-year time of travel; Tier 2 is a five-year
time of travel; and Tier 3 is a twelve-year time of travel.
Wellhead protection area.
D.
Establishment of wellhead protection areas and maps.
(1)
Wellhead protection area maps:
(a)
The delineations of wellhead protection areas for public community wells, which were published by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection, are incorporated herein and made a part of this § 113-242.2. They are designated as follows: New Jersey Wellhead Protection Areas, Edition 2, Geospatial Data Presentation, New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description of these data and the terms and conditions of the use of these data may be found at http://www.state.nj.us/dep/njgs/whpaguide.pdf and http://www.state.nj. us/dep/njgs/geodata/dgs97-l.htm. A map of the wellhead protection areas located within the Township of Chester is included as part of this § 113-242.2. Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the offices of the Township Clerk and of the Board of Health of the Township of Chester.
(b)
Delineation of the WHPA for public community
wells were obtained from the following report: Wellhead Protection
Area Delineation For K. Hovnanian's Four Seasons at Chester Water
Supply System, Chester Township, Morris County, New Jersey, prepared
by Thomas E. Dwyer, P.G., dated April 1999 (Figure 4).
(c)
The delineations of wellhead protection areas
for public noncommunity wells were obtained from New Jersey Geological
Survey. The delineations were not published for general public use
as of the adoption date of this section.
(d)
Wellhead protection areas, as shown on the maps described in Subsection D, shall be considered to be superimposed over any other established zoning district. Land in a wellhead protection area may be used for any purpose permitted in the underlying district, subject to additional restriction set forth in this § 113-242.2.
(2)
Assignment of restriction within wellhead protection
areas. Properties located wholly or partially within a wellhead protection
area shall be governed by the restrictions applicable to the wellhead
protection area.
E.
Regulation of wellhead protection areas for public
community wells and public noncommunity wells serving schools.
(1)
The administrative authority for administering the provisions of this § 113-242.2 shall be the Planning Board, Board of Adjustment or the Board of Health of the Township of Chester.
(2)
Any applicant for a permit requesting a change in land use or activity which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Township of Chester and which is located within a delineated WHPA, as defined in Subsection D, that involves a pollutant source (PS), as defined in Subsection F, shall comply with the requirements of this § 113-242.2.
(3)
Any applicant for a permit requesting a change in land use or activity which is subject to the requirements of this § 113-242.2 shall file an operations and contingency plan, as required by Subsection H, with the administrative authority. No permit that allows a change in land use or activity which is subject to the requirements of this § 113-242.2 shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Township Clerk and shall be available to the public for inspection.
(4)
Any change in land use or activity that introduces a major or minor pollutant source (PS), as defined in Subsection F, shall be prohibited within a Tier 1 WHPA.
(5)
Any change in land use or activity that introduces a major PS, as defined in Subsection F, shall be prohibited within a Tier 2 WHPA.
(7)
This § 113-242.2 is supplementary to other laws and ordinances in the Township. Where this § 113-242.2 or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this § 113-242.2 shall supersede. These rules and regulations shall in no way affect the limitations or requirement applicable in the underlying zoning districts of the Township of Chester.
(8)
Groundwater sources of supply shall further
be protected as follows:
(a)
Sanitary sewer lines, industrial waste lines
and stormwater lines may be located no closer than 50 feet to a regulated
well. Any such line within 100 feet of a regulated well shall be of
completely watertight construction (i.e., steel, reinforced concrete,
cast iron, PVC or other suitable material).
(b)
Manholes and/or connections to a sanitary sewer
system are prohibited within 100 feet of a regulated well.
(c)
Septic tanks, distribution boxes and dry wells
are prohibited within 50 feet of a regulated well.
(d)
Sewage disposal fields, sewage seepage pits
and cesspools are prohibited within 100 feet of a regulated well.
F.
Pollutant sources listed. The following are major and minor pollutant sources (PS) subject to the requirements of this § 113-242.2. The listing of major and minor PS is consistent with the New Jersey Safe Drinking Water Act Regulations, N.J.A.C. 7:10 et seq.
(1)
Major pollutant source means any wastewater
treatment plant discharge, any documented groundwater contamination,
any liquid chemical or fuel storage facility with capacity greater
than 2,000 gallons, any industrial treatment lagoon, any automotive
service station, any landfill (open, closed or inactive), any industrial
facility (including dry cleaning facilities), any salt storage facility
with storage of more than 12 cubic yards of salt, any highway maintenance
yard, any truck and/or bus maintenance yard, any underground fuel
and chemical storage tank with a capacity of 2,000 gallons or more,
any body of surface water containing salt or brackish water, any quarrying
and/or mining facility, any asphalt and concrete manufacturing facility.
(2)
Minor pollutant source means any liquid chemical
or fuel storage tank with capacity less than 2,000 gallons, any stormwater
detention or retention basin, any sanitary sewer line, any sanitary
sewer manhole, any sanitary sewer pump station, any sewage treatment
facility, and any facility to which NJDEP has issued a discharge permit
pursuant to N.J.A.C. 7:14A, New Jersey Pollutant Discharge Elimination
System rules.
(3)
A minor pollutant source shall not include any
of the following, provided secondary containment of sufficient volume
to prevent a spill or leak from escaping the containment is provided
for any storage tank:
(a)
Aboveground farm or residential tanks of 600
gallons or less capacity used for storing motor fuel for noncommercial
purposes;
(b)
Aboveground farm tanks of 600 gallons or less
capacity used for storing motor fuel for commercial purposes;
(c)
Aboveground tanks used to store heating oil
for on-site consumption in a nonresidential building, with a capacity
of 600 gallons or less;
(d)
Aboveground tanks with a capacity of 600 gallons
or less used to store heating oil for on-site consumption in a residential
building;
(e)
Septic tanks installed in compliance with regulations
adopted by the Department pursuant to "The Realty Improvement Sewerage
and Facilities Act (1954)," P.L.1954, c. 199 (N.J.S.A. 58:11-23 et
seq.);
(f)
Pipelines, including gathering lines, regulated
under the "Natural Gas Pipeline Safety Act of 1968," Pub.L. 90-481
(49 U.S.C. § 1671 et seq.), the "Hazardous Liquid Pipeline
Safety Act of 1979," Pub.L. 96-129 (49 U.S.C. § 2001 et
seq.), or intrastate pipelines regulated under state law;
(g)
Surface impoundments, pits, ponds, or lagoons,
operated in compliance with regulations adopted by the Department
pursuant to the "Water Pollution Control Act," P.L.1977, c. 74 (N.J.S.A.
58:10A-1 et seq.);
(h)
Stormwater or wastewater collection systems
operated in compliance with regulations adopted by the Department
pursuant to the "Water Pollution Control Act;"
(i)
Tanks situated in an underground area, including
but not limited to basements and cellars, if the storage tank is situated
upon or above the surface of the floor; and
(j)
Any pipes, lines, fixtures, or other equipment
connected to any tank exempted from the provisions of this Act pursuant
to paragraphs (a) through (i) of this subsection.
G.
Best management practice performance standard. Any applicant proposing any change in land use or activity that involves any PS, as defined in Subsection F, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following best management practices:
(1)
All portions or areas of a facility in which
hazardous substances or hazardous wastes are stored, processed, manufactured
or transferred outdoors shall be designed so that the discharges of
hazardous substances will be prevented from overflowing, draining,
or leaching into the groundwater or surface waters.
(2)
Outdoor storage, dispensing, loading, manufacturing
or processing areas of hazardous substances or hazardous wastes must
be protected from precipitation, stormwater flows or flooding.
(3)
Wherever hazardous substances are stored, processed,
manufactured or transferred outdoors, the design features shall include
secondary containment and/or diversionary structures which may include
but not be limited to:
(a)
Containers, dikes, berms or retaining walls
sufficiently impermeable to contain spilled hazardous substances for
the duration of a spill event.
(b)
Curbing.
(c)
Gutters, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined
retention basins, holding tanks, sumps, slop tanks and other collecting
systems.
(f)
Drip pans.
(4)
Secondary containment and/or diversionary systems,
structure or equipment must meet the following standards:
(a)
The system must block all routes by which spilled
hazardous substances could be expected to flow, migrate, or escape
into the groundwater or surface waters.
(b)
The system must have sufficient capacity to
contain or divert the largest probable single discharge that could
occur within the containment area, plus an additional capacity to
compensate for any anticipated normal accumulation of rainwater.
(c)
In order to prevent the discharge of hazardous
substances into groundwater, all components of the system shall be
made of or lined with impermeable materials sufficient to contain
the substance for the duration of a spill event. Such material or
liner must be maintained in an impermeable condition.
(d)
No manufacturing area, processing area, transfer
area, dike storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility.
(e)
Catchment basins, lagoons and other containment
areas that may contain hazardous substances should not be located
in a manner that would subject them to flooding by natural waterways.
(5)
Stormwater shall be managed so as to prevent
contamination of groundwater and so as to be in accordance with applicable
laws and regulations of the State of New Jersey and of the Township
of Chester.
H.
Operations and contingency plan.
(1)
Any applicant proposing any change in land use or activity that involves any PS, as defined in Subsection F, that would be located either wholly or partially within any WHPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(a)
Types of PS proposed for the site;
(b)
Types and quantities of hazardous substances
or hazardous wastes that may be used or stored on site, other than
those volumes and types associated with normal household uses;
(c)
Means to be employed to contain or restrict
the spillage or migration of hazardous substances or hazardous wastes
from the site into groundwater;
(d)
Means to be used to contain or remediate accidental
spillage of such materials;
(e)
Means to notify administrative authority about
any accidental spillage of such materials;
(f)
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in Subsection G, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination;
(g)
Description of proposed use: type of use or
activity; commercial (trades and services); industrial (manufacturing
and processing); product produced, Standard Industrial Code (S.I.C.),
if applicable;
(h)
Description of the types of wastes generated
and method of disposal, including solid wastes, hazardous wastes,
sewage and nonsewage wastewater discharges;
(i)
Location of all regulated wells within 200 feet
of the property line;
(j)
Description of the risks associated with the
use, handling, and/or disposal of hazardous wastes;
(k)
Description of plans to detect and control hazardous
material leaks and spills and plans for inspections and monitoring,
emergency notification and emergency containment and cleanup procedures;
(l)
Description of best available technologies to
safely store and handle any hazardous wastes and to detect releases
of any hazard materials;
(2)
The administrative authority shall review and
shall approve or reject any operations and contingency plan prior
to approving or denying the application for a land use change or activity.
(3)
Any operations and contingency plan submitted
shall be available for public review and comment.
(4)
Nothing in this subsection shall relieve an applicant from the requirements of Article 14, Environmental Impact Statement, where applicable. Any waiver that may be granted by the approving authority from the requirements of § 113-106 shall not include any waiver of the requirements of § 113-242.2H.
I.
Exemptions. The following uses or activities are exempted from the requirements of § 113-242.2E:
(1)
Retail sales establishments that store and handle
hazardous materials for resale in their original unopened containers.
(2)
County and state government facilities.
(3)
The use of any hazardous materials solely as
fuel in a vehicle fuel tank or as a lubricant in a vehicle.
(4)
The transportation of a hazardous material through
any part of a delineated WHPA, provided that the transporting vehicle
is in transit and meets all state and federal requirements for the
transportation of such hazardous material.
J.
Enforcement. A prompt investigation shall be made by the appropriate personnel of the Township of Chester of any person or entity believed to be in violation of this § 113-242.2. If, upon inspection, a condition which is in violation of this § 113-242.2 is discovered, a civil action may be commenced in a court of competent jurisdiction seeking the recovery of penalties or injunctive relief, or both, by the filing and serving of appropriate process. Nothing in this § 113-242.2 shall be construed to preclude the Township's right, pursuant to any applicable statute, to initiate legal proceedings under this § 113-242.2 in Municipal Court. The violation of any section or subsection of this § 113-242.2 shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this § 113-242.2. Each day a violation continues shall be considered a separate offense.
K.
Any person or entity who or which violates any provision
of this section shall, upon conviction thereof, be punishable by one
or more of the following: a) a fine of not less than $100 and not
more than $1,250; b) imprisonment for a period of not more than 90
days; and c) a period of community service not to exceed 90 days.
L.
Restoration. In case of an accidental spill or discharge in violation of this § 113-242.2, the person or entity responsible for the remediation and/or removal of such condition shall, at its own cost and expense, and in a manner consistent with all applicable state, county, municipal or federal laws, restore the quality of the affected groundwater to meet all safe drinking water standards.
M.
Severability. If any section, sentence or part of this § 113-242.2 is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this section.
N.
Nothing contained in § 113-242.2 shall prohibit any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law N.J.S.A 40:55D-1 et seq. (MLUL), from requesting a variance for any regulation contained in § 113-242.2 pursuant to MLUL 40:55D-70c or d.
[Added 4-17-2007 by Ord. No. 2007-9]
A.
In connection with the alteration, reconstruction,
extension or structural change (collectively "alteration") to a building,
the building shall be considered as new construction when one or more
of the following conditions occur or are proposed:
(1)
In any consecutive thirty-six-month period,
50% or more of the floor area of the existing building is removed,
or additions containing more than 50% of the floor area of the existing
building are attached thereto; or
(2)
The building is uninhabitable for more than
30 days in succession as a result of an alteration; or
(3)
There is a change in use of the existing building.
B.
When a building is determined to be new construction
as herein described, the land that is occupied by the building or
the building shall not be reused, rebuilt or reoccupied except in
conformity with the applicable land use and Board of Health regulations
of the Township of Chester for new construction.
[Added 7-26-2021 by Ord. No. 2021-02]
A.
Fences may be erected where required for privacy, screening, separation,
security or to serve other necessary and reasonable functions.
B.
The installation of a fence shall not cause the damming or diverting
of water.
C.
Semi-open and open fences up to four feet in height shall be permitted
within a front yard area. All fences within a front yard shall be
setback five feet from any right-of-way line.
D.
Closed, semi-open, and open fences up to six feet in height shall
be permitted within a side or rear yard area. Such fences may extend
to the side and rear property lines.
E.
The following fences may exceed the aforementioned height limitations:
(1)
A deer protection fence up to two feet in height may be placed
on top of a fence within a side or rear yard area, provided that the
total height of the combined fence shall not exceed eight feet. In
addition, a deer protection fence up to four feet in height may be
placed on top of a fence within a front yard area, provided that the
total height of the combined fence shall not exceed eight feet. Deer
protection fencing shall be comprised of an open type wire or plastic
grid so as to minimize the fence's visual impact on surrounding properties.
(2)
A tennis court, basketball court, or other sport court area,
located in rear yard areas only, may be surrounded by a fence with
a maximum height of 15 feet, provided that such fence shall be setback
from any lot line the distance(s) required for accessory buildings
in the applicable zoning district. Such fencing shall be open fencing.
F.
Mesh and welded wire fences are permitted in a front yard, provided
they are utilized in conjunction with a slip rail, slip post, or similar
style fencing.
G.
All permitted fences shall be situated on a lot in such a manner
that the finished side of such fence shall face adjacent properties
and streets.
H.
No fence shall be erected of barbed wire, nor constructed of any
material or in any manner which may be dangerous to persons or animals.
I.
No fence shall be erected within the Township without a zoning permit
having first been obtained from the Zoning Officer.
J.
No fence shall interfere with any sight triangle, as regulated in
this Part 5 governing sight triangles.
K.
Nothing contained herein shall change the regulations in this Part
5 governing pillars, gates, walls, or fences used in entranceways.
L.
Nothing contained herein shall change the regulations in this Part
5 governing fences required for the performing of farming or agricultural
operations on qualified farmland, provided that such uses are permitted
and that the fencing is consistent with the management practices outlined
in the Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
M.
Fences which existed prior to the date of the adoption of this part
may be repaired and/or maintained to maintain their original structure
and design.
[Added 4-19-2022 by Ord. No. 2022-06]
A.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Township of Chester's land use
regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other Land Use Board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection A(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
B.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection B(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
C.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 113-325.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as two parking spaces for the purpose of complying with a minimum
parking space requirement. This shall result in a reduction of no
more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
D.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
A time limit on the use of publicly accessible or privately
accessible EVSE may be established by the property owner or designee.
(c)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(d)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle as described in Chapter 161 of the Township's General Legislation. Signage indicating the penalties for violations shall comply with Subsection D(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(e)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection D(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Chester's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection D(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Chester shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(i)
The placement of all EVSE shall conform to the off-street parking
setback requirements of the zoning district in which it is located.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection D(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(e)
Advertising signs used in conjunction with EVSE and make-ready
parking spaces shall be prohibited.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: A fee to use parking
spaces within the municipality identified as EVSE spaces may be imposed
by resolution adopted by the governing body.
(b)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
