A.
ACCESSORY BUILDING
(1)
(2)
(3)
(4)
ADDITION
ADMINISTRATIVE OFFICER
AGRICULTURE
AGRICULTURE MANAGEMENT PRACTICES
ALTERATION
ANTENNAE
APARTMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
AUCTION MARKET
AUTOMOBILE BODY SHOP
AUTOMOBILE REPAIR SHOP
AUTOMOBILE SALES ROOMS
BASEMENT
BILLBOARD
BLOCK
BOARD OF ADJUSTMENT
BUFFER
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING, PRINCIPAL
CAPITAL IMPROVEMENT
CERTIFICATE OF OCCUPANCY
CHANGE OF USE
CIRCULATION
CLUBS, LODGES, FRATERNAL, SOCIAL AND RECREATIONAL BUILDINGS
CLUSTER
COAH
COLLOCATION
COMMERCIAL AGRICULTURE
(1)
(2)
(3)
(4)
COMMON OPEN SPACE
COMPLETE APPLICATION
CONDITIONAL USE
CONSERVATION EASEMENT
CONSERVATION PLAN
CONSOLIDATION
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
COVERAGE, BUILDING AND/OR STRUCTURES
DAYS
DECK
DEMOLITION
DENSITY
DETENTION BASINS
DEVELOPER
DEVELOPMENT
DEVELOPMENT FEE
DEVELOPMENT REGULATIONS
DRAINAGE
DRAINAGE PLAN
DRAINAGE RIGHT-OF-WAY
DRIVE-IN
DWELLING
DWELLING UNIT
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING, MULTIFAMILY
EASEMENT
ELEVATIONS
ENVIRONMENTAL COMMITTEE
EQUALIZED ASSESSED VALUE
EROSION
ESSENTIAL SERVICES
FAMILY
FARM
FENCE
FINAL APPROVAL
FINAL PLAT
FLAG LOT
FLOOD FRINGE
FLOOD HAZARD AREA
FLOOD OR FLOODING
FLOODPLAIN
FLOODWAY
FLOOR AREA
(1)
(2)
(3)
(4)
(5)
(6)
FLOOR AREA LIMIT
FLOOR PLANS
FRESHWATER WETLAND
FRESHWATER WETLAND TRANSITION AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE FILLING STATIONS (OR AUTOMOBILE SERVICE STATION)
GOVERNING BODY
GRADE, FINISHED
HABITABLE FLOOR AREA
HISTORIC DISTRICT
HISTORIC INVENTORY/SURVEY
HISTORIC SITE
HISTORIC ZONE MINOR ALTERATION
HISTORIC ZONE MINOR APPLICATION
HOME AGRICULTURAL
HOME OCCUPATION
HOTEL
IMPERVIOUS COVERAGE
IMPERVIOUS SURFACE
IMPROVED PUBLIC STREETS
INTERESTED PARTY
(1)
(2)
INDUSTRIAL PARK
INSTITUTION
INSTITUTIONAL USE
KENNEL
LAND
LETTER OF INTERPRETATION (LOI)
LOT
LOT AVERAGING
LOT SIZE
LOT, CORNER
LOT, COVERAGE
LOT, DEPTH OF
LOT, FRONTAGE
LOT, WIDTH
MAINTENANCE
MAINTENANCE GUARANTEE
MAJOR SUBDIVISION
MANUFACTURED/MOBILE HOME
MASTER PLAN
MINOR SITE PLAN
(1)
(2)
(3)
(4)
MINOR SUBDIVISION
MOBILE HOME
MOTEL
MUNICIPAL AGENCY
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NUISANCE
NURSING HOME
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
OPEN TO THE AIR
OUTDOOR DISPLAY AREA
OWNER
PARTY IMMEDIATELY CONCERNED
PARKING LOT: COMMERCIAL
PARKING SPACE
(1)
(2)
(3)
(4)
(5)
PARKING SPACE; HANDICAP
PATIO
PERFORMANCE GUARANTEE
PERFORMANCE, STANDARDS OF
(1)
(2)
PERMITTED USE
PET SHOP
PERSON
PLANNING BOARD
PLAT
PORCH
PORTABLE STRUCTURE
PRELIMINARY APPROVAL
PRELIMINARY SUBDIVISION PLAT
PRESERVATION
PRINCIPAL BUILDING
PRINCIPAL USE OR USES
PRIVATE PROFESSIONAL OFFICE
PRODUCTS ASSOCIATED WITH CONVENIENT STORES
PRIVATE SWIMMING POOLS
PSYCHIC READER/PSYCHIC READING ESTABLISHMENT
PUBLIC OPEN SPACE
QUORUM
RECHARGE BASIN
RECONSTRUCTION
RECREATION VEHICLE
REPAIR
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESTORATION
RESUBDIVISION
(1)
(2)
RETAIL DISPLAY AREA
RETAIL SALES AREA
RETENTION BASIN
RIGHT-OF-WAY
(1)
(2)
SALE PERIODS OF SHORT DURATION
SEDIMENTATION
SETBACK LINE
SETBACK
SHOPPING CENTER, NEIGHBORHOOD
SHOPPING CENTER, REGIONAL
SIGN
(1)
(2)
(3)
(4)
(5)
SIGN AREA
SITE PLAN
SOLAR ENERGY COLLECTOR
SOLAR ENERGY SYSTEM
STATE OPEN WATER
(1)
(2)
(3)
(4)
STORY
STORY-HALF
STREET
(1)
(a)
(b)
(c)
(d)
(2)
(3)
STREET RIGHTS-OF-WAY
STREET, PRIVATE
STRIP MINING AND/OR DREDGING
STRUCTURE
SUBDIVIDER
SUBDIVISION
(1)
(2)
(3)
(4)
(5)
SUBDIVISION COMMITTEE
SUBSTANTIVE CERTIFICATION
SWIMMING POOL
TELECOMMUNICATIONS TOWER
TRAILER/COMMERCIAL
TRAILER/RECREATIONAL VEHICLE
TRAILER CAMP, COURT, AND/OR PARK
TRANSCRIPT
TRANSITION AREA
WALKWAY OR SIDEWALK
WETLAND
WIRELESS TELECOMMUNICATION EQUIPMENT FACILITIES
WIRELESS TELECOMMUNICATIONS FACILITIES
YARD, FRONT
YARD, REAR
YARD, SIDE
VARIANCE
ZONING PERMIT
(1)
(2)
For purposes of this chapter, the terms used within
the zoning, subdivision and site plan review sections hereof shall
be defined as follows:
An accessory building or use is one which:
Is subordinate to and serves any principal building;
Is subordinate in area, extent or purpose to
the principal building;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use served; and
Is located on the same zoning lot as the principal
building or principal use served.
An extension or increase in building size, floor area or
height and/or including a porch, patio or deck.
[Added 8-6-2001 by Ord. No. 2001-09;
amended 8-6-2013 by Ord. No. 2013-8]
The secretary of the Planning Board of the Borough of Chester.
The production principally for the sale to others of plants,
animals or their products, including, but not limited to, forage and
sod crops, grain and feed crops, dairy animals, and dairy products;
livestock, including dairy and beef cattle, poultry, sheep, swine,
horses, ponies, mules, and goats; including grapes, nuts and berries;
vegetables; nursery, floral, ornamental and greenhouse products and
other commodities as described in the Standard Industrial Classification
for agriculture, forestry, fishing and trapping. Agriculture shall
not include intensive poultry or swine production or extensive animal
feedlot operations.
Practices of agriculture which shall include, but shall not
necessarily be limited to, air and water quality control, noise control,
pesticide control, fertilizer application, integrated pest management
and labor practices as defined, recommended or endorsed by the New
Jersey Department of Agriculture plus those practices complying with
a Conservation Plan.
Any change, renovation, remodeling, addition or modification
in the construction or arrangement of a building, structure or site.
[Amended 8-6-2001 by Ord. No. 2001-09]
Any exterior transmitting or receiving device that transmits,
receives, magnifies, captures or radiates electromagnetic waves, digital
signals, analog signals and radio frequencies.
[Added 7-10-2000 by Ord. No. 2000-12]
Shall be a dwelling unit which is part of, or attached to,
a building containing one or more additional dwelling units or any
nonresidential use or uses.
Developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a site plan, subdivision plat, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to Chapter 291 of the Laws of New Jersey, 1975.
The Planning Board of the Borough of Chester unless a different
agency is designated by ordinance when acting pursuant to the authority
of Chapter 291 of the Laws of New Jersey, 1975.
Any premises on which are held at periodic times auction
sales of merchandise or any other personal property.
A building or place where body repair work is performed on
motor vehicles.
A building or place where mechanical repair work is performed
on motor vehicles.
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with showrooms, office space,
repair and maintenance facilities with or without a used car lot incidental
thereto and on same business premises or immediately adjacent thereto.
A story of a building partly underground and having less
than 1/2 of its height above the average level of the finished grade
immediately adjacent to the building.
Any structure or portion thereof not located on the business
property which it is intended to promote upon which signs, posters
or advertisements are used as an outdoor display. This definition
does not include any bulletin boards used to display official court
or public office or church notices.
That area bounded by two or more streets. The block frontage
shall refer to the length of a street between two intersecting rights-of-way
lanes.
The Board established by ordinance of the Borough of Chester.
A landscaped area designed to act as a visual and sound screen
between a potentially unsightly or otherwise undesirable or incompatible
use and adjacent properties and as further defined in the site plan
ordinance of the Borough of Chester.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The total of areas circumscribed by the outside dimensions
on a horizontal plane measured at the outermost extension wall and
all accessory buildings, exclusive of unroofed porches, terraces or
steps having a vertical face less than three feet above the level
of the ground from which the height of the building is measured.
The vertical distance measured from the average elevation
of the proposed finished grade of the building to the highest point
of the roof for flat roofs; to the deck lines of mansard roofs; and
to the mean height between eaves and ridge for gable, hip and gambrel
roofs, but in no event exceeding the height limitation of the zoning
ordinance.
A line formed by the intersection of horizontal plane and
a vertical plane that coincides with the most projected exterior surface
of the building, including eaves and overhangs. All yard requirements
are measured to the building line. Where the front property line is
not perpendicular to the side line, the building line shall be concentric
with the front property line.
A building or buildings in which is conducted the main or
principal use of the site on which it is situated.
A governmental acquisition of real property or major construction
project.
A certificate issued by the construction official upon completion
of construction on buildings and grounds which certifies that all
requirements of site plan approval, this chapter and/or such adjustments
thereof which may have been granted are in compliance with the Uniform
Construction Code.
Any use which differs from the previous use of a structure
or land by way of function, operation, extent or products sold, handled
or manufactured and the like. A change of use which involves a change
from one permitted use to the same category of permitted use shall
not be considered a change of use, unless there is an increase in
the intensity of that use. By way of example, and not limitation,
a change of use hereunder would include retail to food handling, retail
to medical office, retail to services, retail to school or an increase
in intensity of an existing use by expanded hours, products, services,
employees or area of usage.
[Added 10-18-2005 by Ord. No. 2005-24]
Systems, structures, and physical improvements for the movement
of people, goods, water, air, sewage, or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits.
A building or structure principally used to house any club,
lodge, fraternal, social, recreational, athletic, patriotic or civic
organization and their attendant activities, whether private or public.
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive features.
[Added 5-4-2004 by Ord. No. 2004-9]
The New Jersey Council on Affordable Housing.
Use of a common wireless telecommunications facility or a
common site by two or more wireless license holders or by one wireless
license holder for more than one type of communications technology
and/or placement of a wireless telecommunications facility on a structure
owned or operated by a utility or other public entity.
[Added 7-10-2000 by Ord. No. 2000-12]
Any place producing agricultural or horticultural products
worth $2,500 or more annually. The site requirements necessary to
qualify as a commercial farm under the Right to Farm Act are the following:
Eligible to meet the site requirements of the
Farmland Assessment Act of 1964;
Produces $2,500 of agricultural commodities
annually;
The agricultural operation conforms to appropriate
agricultural management practices and all relevant federal and state
statutes or rules and regulations adopted pursuant thereto; and
The operation does not pose a direct threat
to public health and safety.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application form completed as specified in this chapter
and all accompanying documents required by this chapter for approval
of the application for development, including where applicable, but
not limited to, a site plan or subdivision plat; provided that the
approving agency may require such additional information not specified
in this chapter or any revisions in the accompanying documents as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in the ordinance and in the rules and regulations of the
Planning Board shall be deemed complete as of the day it is so certified
by the administrative officer for the purpose of the commencement
of the time period for action by the Planning Board and/or Board of
Adjustment.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning ordinance, and upon the issuance of an
authorization thereof by the Planning Board.
An easement in favor of the Borough of Chester, which precludes
or limits the use and/or development of land for the purpose of preserving
or safeguarding natural or man-made resources.
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service
and the Morris County Soil Conservation District and approved by the
Borough of Chester Governing Body.
[Amended 12-20-1999 by Ord. No. 99-11]
Consolidation of two or more lots, tracts, or parcels of
land into one or several lots, tracts, or parcels of land for the
purpose of creating larger lots, tracts, or parcels of land, where
previously smaller ones had existed, and the acquisition of property
by the owner of adjacent property, shall be considered to be subdivisions
under the terms of this chapter.
A composite of the Master Plan for the physical development
of Morris County, with the accompanying maps, plats, charts, and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Planning Board of Morris County.
The percentage of a lot covered by buildings of any kind,
as measured in a horizontal plane around the periphery of all building
facades and including all areas under any roof overhang.
Calendar days.
An open platform or structure attached to the main building,
including stairways or entrance ways.
The partial or total razing, dismantling or destruction of
any building or improvement.
[Added 8-6-2001 by Ord. No. 2001-09]
The total number of dwelling units per gross area of land
to be developed.
A man-made or natural water collector facility designed to
collect surface and subsurface water for the temporary storage of
stormwater runoff; so that it impedes its flow and gradually releases
the same at a rate not greater than prior to the development of the
property, into natural or man-made outlets (i.e., the storm sewer
system or stream).
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining, excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
The complete analysis and implementation for a stormwater
management system.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with Chapter
I of Title 58 of the Revised Statutes.
An establishment which exclusively accommodates the patrons'
automobiles, from which the occupants may receive a service or obtain
a product which may be used or consumed, in the vehicles, on the same
premises.
A building designed or used exclusively as the living quarters
for one or more families.
One or more rooms providing living facilities for one family
containing separate cooking, sleeping and sanitary facilities provided
within the dwelling unit for the exclusive use of the occupant of
the unit.
A detached building designed for or occupied exclusively
by one family and surrounded by open space or yards and is not attached
to any other dwelling by any means.
A building containing two dwelling units only and not occupied
or designed for occupancy by more than two families living independently
of each other.
A dwelling or group of dwellings situated on one plot containing
separate dwelling units for three or more families.
A grant of one or several of the property rights by the owner
of the property to and/or for the use by the public, a corporation
or another person or entity.
A schematically scaled architectural drawing of front, rear,
right side and left side of the proposed building or structure.
A municipal advisory body created pursuant to P.L. 1968,
c. 245, N.J.S.A. 40:56A-1 et seq.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Municipal
Tax Assessor.
The detachment and movement of soil fragments by water, wind,
ice and gravity.
Facilities installed or maintained by a public utility or
governmental agency, including gas, electric, phone, water, sewage,
and other similar services necessary to provide adequate utility services
necessary to the general health, safety and welfare of the public.
One or more persons customarily living as a single, nonprofit
housekeeping unit as distinguished from individuals or groups occupying
a hotel, club, fraternity or sorority house, the family shall be deemed
to include necessary servants when servants share the common housekeeping
facilities and services, but shall not include boarders, roomers or
paying guests.
An area of land made up of single or multiple joining or
non-joining parcels which is organized as a management unit actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and under farm buildings and other enclosures related
to agricultural pursuits, which occupies a minimum of the lesser of
five acres or five times the minimum lot size of the zone in which
the property is located, exclusive of the land upon which the farmhouse
is located and such additional land as may actually be used in connection
with the farmhouse as provided in the Farmland Assessment Act of 1965,
N.J.S.A. 54:4-23.3, 4-23.4, 4-23.5 and 4-23.11.
A structure forming an enclosure of an open area and designed
to prevent straying from within or intrusion from without said enclosure,
or to provide a visual barrier for the purposes of assuring privacy.
The official action of the approving authority taken on a
preliminary approval site plan after all conditions, engineering,
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations, and which if approved shall be filed with
proper county recording officer.
A lot which otherwise does not have frontage along a public
street, except by way of a contiguous strip of property containing
a driveway extending from the body of the lot to a public street (its
"staff"). Flag lots are allowed only for senior housing uses as defined
in the RHD Zone.
That portion of the flood hazard area not designated as the
floodway.
The floodway and the flood fringe area of a delineated stream.
A general or temporary condition of partial or complete inundation
of normally dry land areas from the overflow of rivers, streams or
other inland waters, and/or the unusual and rapid accumulation of
runoff of surface waters from any source.
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater.
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream.
The sum of the gross horizontal areas of the several floors
of the building, measured from the exterior faces of exterior walls
or from the center line of walls separating two buildings. In particular,
the floor area of a building shall include:
Basement space (not to be included when computing
minimum floor space if used exclusively for storage and/or mechanical
equipment).
Stairwells.
Attic space (whether or not a floor has actually
been laid; however, just the area directly under a headroom of seven
feet or more).
Enclosed porches.
Second floor areas shall be considered as floor
area only where the side walls are at least four feet in height over
a finished floor and reach a ceiling height of at least seven feet.
Split level dwellings shall be considered as
one story or ground level dwellings unless a third level is constructed.
To be considered a split level dwelling, a building shall contain
three or more floor levels each separated from the adjoining floor
level by a vertical distance of more than one foot three inches, but
less than seven feet.
The maximum allowable floor area in a building, as defined
in this chapter, excluding: 1) basement space when the height of the
walls of the basement is more than 3/4 below finished grade; 2) stairways;
3) attic space area under a headroom of seven feet or more.
[Added 4-17-2007 by Ord. No. 2007-7]
Architecturally accurate drawings showing the square footage
of each levels room dimensions, including windows, doors and exterior
and interior walls.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation and classified by the New Jersey Department
of Environmental Protection (NJDEP) as Freshwater Wetlands pursuant
to the Freshwater Protection Act Rules (N.J.A.C. 7:7A).
An area of land adjacent to a freshwater wetland which minimizes
adverse impacts on the wetland or serves as an integral component
of the wetlands ecosystem, classified as such by the New Jersey Department
of Environmental Protection (NJDEP).
A building or space used for storing motor vehicles as an
accessory to the main building and in which no occupation, business
or service for profit is carried on.
A building or space other than a private garage which is
used for storage, repair, rental, greasing, servicing, adjusting or
equipping of automobiles, or other motor vehicles.
Any area of land, including structure thereon, that is used
for the retail sale of gasoline or other vehicle fuel, oil or lubricating
substance, batteries, tires and automobile accessories and which may
provide as accessory minor automobile services and repairs, not amounting
to rebuilding, major repairs or auto body repair.
The Council of the Borough of Chester.
The elevation of the completed surface of lawns, walks and
roads brought to grades as shown on official plans or designs relating
thereto, or already in existence.
The total square foot area of those portions of any dwelling
unit as living space, including kitchen, living and dining rooms,
baths and bedrooms, and hallways, but not including cellars, porches
or attics, except expansion attics which may be finished to provide
additional rooms without structural alteration to roofs or exterior
walls.
Any real property area having historic, archaeological, and/or
cultural landmarks, of architectural significance as specified in
the Master Plan or Zoning Ordinance.
[Added 8-6-2001 by Ord. No. 2001-09]
A list of historic properties determined to meet specified
criteria of significance.
[Added 8-6-2001 by Ord. No. 2001-09]
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to law.
Entails exterior work on a property, the total cost of which
does not exceed $5,000.00 on a property within the historic overlay
zone.
[Added 11-1-2004 by Ord. No. 2004-30]
An application for review of repair and/or replacement and/or
repainting of exterior building components on a property in the historic
overlay zone that entails exterior work on a building, the total cost
of which does not exceed $5,000.
[Added 8-6-2001 by Ord. No. 2001-09; 11-1-2004 by Ord. No.
2004-30]
The production, principally for the use or consumption of
the property owner, of plants, animals, or their products and for
sale to others where such sales are incidental, including, but not
limited to, gardening, fruit production, and poultry and livestock
products for household use only.
Any gainful employment or occupation of one or more members
of the resident family which will constitute either entirely, or partly,
the means of livelihood of such member or members, and which shall
be conducted in clearly secondary or accessory to the primary residential
use of the principal structure. Such occupation may be pursued on
the principal dwelling structure. Home occupations are normally in
field of work of the artisan and may include such activities as dressmaking,
milliner, watch making, electrical, radio repair and carpentry, where
no person outside the family is employed fill-time. The retail sales
of goods and services in structures designed or altered to make such
activities the primary use of any structure shall not be construed
hereunder to be a home occupation. No greater than 25% of the total
floor area, not to exceed 500 square feet of residence shall be used
for said occupation. No display of products or advertisements is visible
from the street and no material, equipment or commercial vehicle is
stored except in fully enclosed buildings.
An establishment providing transient accommodations with
most of the rooms having direct access through the main lobby of the
building.
A ratio, expressed as a percentage, of the total area of
all impervious surfaces to the area of the parcel proposed for development.
Anything which impedes the free passage of rain water (infiltration)
directly into the subsurface more than does a maintained lawn area,
thereby causing increased surface runoff. Impervious surfaces include,
but are not limited to, all areas covered by buildings, structures,
patios, swimming pools, parking areas, driveways, roads, sidewalks,
walkways, and any other area covered by a roof, concrete, asphalt,
rock or compacted earth. They may be natural or man-made.
[Amended 1-17-2006 by Ord. No. 2006-1]
For subdivision purposes, any street which complies in width
and construction with the standards set forth in the Land Subdivision
Ordinance of the Borough and any amendments thereto and has been accepted
by the Borough.
In criminal or quasi-criminal proceeding, any
citizen of the State of New Jersey; and
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
an action taken under this act, or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this act.
A planned or organized industrial area with comprehensive
design for industrial building, utilities and street access which
is systematically subdivided according to the needs of the tenant
and contains more than two separate buildings either individually
owned or leased, occupied by acceptable manufacturing or industrial
enterprises.
An established organization or corporation of a public or
eleemosynary character.
A nonprofit or quasi-public use such as a library, public
or private school, hospital or municipally owned or operated building,
structure or land used for public purposes.
An establishment whereon the business of boarding or selling
dogs or the breeding of dogs for sale is carried on except as a pet
shop.
Includes improvements and fixtures on, above or below the
surface.
A letter issued by the New Jersey Department of Environmental
Protection (NJDEP) for the purpose of verifying or delineating the
boundaries of freshwater wetlands or freshwater wetlands transition
areas, or both.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
A design technique permitting one or more lots in a subdivision
to be undersized, providing the same number of lots in the same subdivision
are oversized by an equal or greater area.
[Added 5-4-2004 by Ord. No. 2004-9]
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet, but excluding that part of a lot
included within a street right-of-way.
A parcel of land at the intersection of and fronting on two
or more streets. A corner lot shall have two front yards and two side
yards.
That portion of the lot that is covered by buildings and
structures.
The shortest horizontal distance between the front lot lines
and a line drawn parallel to the front line through the midpoint of
the rear lot line providing that in triangular lots having no rear
lot line the distance shall be measured to the midpoint of a line
parallel to the front lot line which shall not be less than 10 feet
in length measured between its intersection with the side lot lines.
That portion of a lot extending along a street line.
The mean horizontal distance between the side lot lines measured
at right angles to its depth. Required lot width (see Schedule 1[1]) shall be measured at the street line and the average
of the lots width measured at the front and at the rear setback lines
shall not be less than the required lot width.
Repair of any deterioration, wear, or damage to a structure,
in order to return the same, as nearly as practicable, to its condition
prior to the occurrence of such deterioration, wear, or damage with
materials and workmanship of the same quality and style. Ordinary
maintenance shall further include replacement of exterior elements
or accessory hardware, including signs, using materials and workmanship
having the same appearance.
[Added 8-6-2001 by Ord. No. 2001-09]
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter, including but not limited to surety bonds, letters of credit
under the circumstances specified in Section 16 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.5) and cash.
Any subdivisions not classified as minor subdivision.
Any dwelling unit which is so designated or constructed so
as to permit its transportation as a fully built unit, whether or
not equipped with wheels or some device which can be used for the
purpose of transporting such unit from place to place.
A composite of the one or more graphic or mapped and written
proposals for the development of the municipality as set forth in
and adopted pursuant to Section 19 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-28) as adopted by the Borough.
A development plan of one or more lots which:
[Amended 5-1-2018 by Ord.
No. 2018-03]
Proposes new development limited to renovations of an existing
building and/or improvement of existing outside facilities (i.e.,
parking, drainage, etc.) without expansion of said facilities.
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42.
Contains the information reasonably required to make an informed
determination as to whether the requirements established by ordinance
for approval of minor site plan have been met.
When there is reasonable uncertainty or disagreement about the
classification of an application for site plan approval under this
section, the determination shall lie with the approving authority.
In such cases, the applicant is directed to proceed as if the proposal
is not a minor site plan until and unless advised to the contrary
by the approving authority.
A subdivision of land which does not involve the following:
[Amended 5-1-2018 by Ord.
No. 2018-03]
A structure, transportable in one or more sections, which
is at least eight feet in width and 32 feet in length, which is built
on a permanent chassis and designed to be used as a dwelling unit,
with or without a permanent foundation when connected to the required
utilities.
An establishment providing transient accommodations with
most of the rooms having direct access to the outside without passing
through the main lobby of the building.
The Municipal Planning Board or Board of Adjustment, or the
Governing Body of the Borough of Chester when acting pursuant to this
act and any agency which is created by or responsible to one or more
municipalities when such agency is acting pursuant to this act.
Any building or structure which:
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Any private action which unreasonably interferes with the
comfortable enjoyment of another's property, which may be enjoined
or abated and for which the injured or affected property owner may
recover damages.
Any building in which more than one room or an area exceeding
400 square feet is used for the accommodation, reception, or treatment
of the aged or sick who are residents therein, excluding members of
the resident family.
A map adopted in accordance with N.J.S.A. 40:55D-32 through
36. Such a map shall be deemed to be conclusive with respect to the
location and width of the streets, public parks and playgrounds and
drainage right-of-way shown thereon.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use of enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets,
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
An area of any structure or building where one or more walls
are temporarily unclosed from the weather.
An area utilized for the show of goods which is totally exterior
to any building or structure and without a roof.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property, and all owners of property and government
agencies entitled to notice under Section 7 of Chapter 291 of the
Laws of New Jersey, 1975.
Any lot which is devoted to the parking of automobiles in
return for a fee.
An off-street space available for the parking of a motor
vehicle, exclusive of passageways and driveways appurtenant thereto,
and giving access thereto. Size of spaces:
Convenience store, grocery or supermarket, general
retail or service store or shopping center: Each off-street parking
space shall measure 10 feet in width by 20 feet in length.
All other uses: Each off-street parking space
shall measure nine feet in width by 20 feet in length.
Parking spaces may be reduced in length by two
feet to 18 feet long where car overhangs are available.
All parking spaces shall be delineated by twin
"hairpin" type painted lines, four inches wide, 12 inches apart.
Drive thrus: Reservoir capacity equal to six
spaces per window.
An off-street space available for the parking of a motor
vehicle and shall meet all requirements of the New Jersey Uniform
Construction Code, N.J.A.C. 5:23.
A level prepaved surface normally or customarily used as
an exterior sitting area and having no integral structural connection
to any building.
Any security, including cash, to ensure completion of improvements
required as part of a development application approval, provided that
the Borough shall not require more than 10% of the total performance
guaranty in cash.
Shall mean standards:
Adopted by ordinance pursuant to subsection
52d., chapter 291, of the Laws of New Jersey, 1975, regulating noise
levels, glare, earthborne or sonic vibrations, heat, electronic or
atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects, or conditions and such other similar matters
as may be reasonably required by the municipality; or
Required by applicable federal or state laws
or municipal ordinances.
All uses specified in a particular zone, quoted in the section
labeled "permitted uses" within the text of this chapter.
Any group or group of rooms, cage or exhibition pens wherein
dogs and/or other animals for sale are kept or displayed.
Any individual, natural person, partnership, association,
corporation, company or organization of any kind.
The Municipal Planning Board of the Borough of Chester established
pursuant to chapter 291 of the Laws of New Jersey, 1975, with amendments.
A map or maps of a site plan or subdivision.
A platform or structure attached to the main building with
a roof and whether enclosed or not includes stairways or entranceways.
A structure, including tents, lunch wagons, trailers, dining
cars, camp cars or other structures on wheels, capable of being carried
or transported from place to place.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
A reasonable accurate map indicating the proposed layout
of a development and related information that is submitted for preliminary
approval in accordance with the provisions of this chapter.
The act or process of applying measures to sustain the existing
form, integrity and vegetated cover of a site. It may include initial
stabilization work, where necessary, as well as ongoing maintenance
of the historic building materials.
[Added 8-6-2001 by Ord. No. 2001-09]
A building in which is conducted the main or principal use
of the lot on which the building is situated.
The primary or main purpose for which a lot or building is
being utilized.
The office of a member of a recognized, learned profession.
A local license for the regulation of any such occupation shall not
be indicative of professional standing. When such office is combined
with the residence, the office shall be the individual office of only
one member, and one member only, without associates or partners and
with office personnel limited to not more than two; the area of said
office shall not exceed 25% of the total floor area of the building
or not to exceed 500 square feet, whichever is less, which shall include
only the offices of: attorneys, artists, architects, authors, doctors
and physicians, computer consultants, dentists, land surveyors, ministers,
musicians, optometrists, professional engineers and such other similar
professional occupants which may be so designated by the Zoning Board
upon finding by such Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof, and that the practice of
such occupations shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to any greater extent than
as would be the professional activities listed herein.
Merchandise and goods available for sale to the public which
are normally needed on a day-to-day basis and are sold in areas other
than large supermarket type stores for the convenience of the public,
such as: newspapers, magazines, bottled and canned drinks, dry goods,
condiments, cereals, bread, frozen foods, boxed and canned goods,
cigarettes, cakes, candy, etc.
Any artificial constructed basin or other structure for the
holding of water for use by the possessor, his family or guests, for
swimming, diving and other aquatic sports and recreation. The term
shall not include any plastic, canvas or rubber pool temporarily erected
upon the ground which does not include a recirculating or filtration
system.
A reader who advises clients by professing to tell past,
present or future events through extraordinary spiritual insight or
by perceiving another's thought. The term "psychic reader" includes
the term "card reader," "crystal gazer," "fortune teller," "mind reader,"
"palmist," "tea-leaf reader," “tarot card reader,” and
individuals involved with practices including but not limited to astrology,
sorcery, soothsaying, necromancy and numerology.
[Added 6-15-2010 by Ord. No. 2010-19]
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
The majority of the full, authorized membership of a municipal
agency.
A detention basin designed not only to release water gradually
into a natural or man-made outlet but also to percolate into the ground
consistent with subsurface strata. Such basins are designed for sandy
or gravel soil with little evidence of fines (soil that passes through
a 200 mesh sieve).
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or any part thereof as it appeared at a specific period of time.
[Added 8-6-2001 by Ord. No. 2001-09]
Any transportable temporary dwelling unit, with or without
its own power, designed and constructed for travel and recreational
purposes.
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement; provided,
however, that any such work must be done with materials and workmanship
of the same quality.
[Added 8-6-2001 by Ord. No. 2001-09]
An area to be developed as a single entity according to plan
containing residential housing units which have a common or public
open space area as an appurtenance.
The permitted number of dwelling units per gross area of
land to be developed.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
[Added 8-6-2001 by Ord. No. 2001-09]
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
An area utilized for the show of goods which is either totally
interior to any building or structure or has roof cover.
An area utilized for the show and sale of goods and which
contains a display area and customer purchasing and checkout area.
Any area for preparation and/or storage of products shall not be included
in the retail sales area.
A man-made or natural body of water used for the permanent
storage of water runoff; designed to contain water at all times the
level of which will be increased as a result of the flow into it of
surface and subsurface water collected therein and released gradually
into natural or man-made outlets.
A strip of land acquired by reservation, dedication,
forced dedication, prescription or condemnation and intended to be
occupied or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses.
Generally, the right of one to pass over the
property of another.
Times of day during peak shopping periods, not to exceed
two hours, where the volume of shoppers and vehicles exceed normal
operating parameters.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The line within any lot, usually marking the limits of a
required yard space, parallel to any street line between which and
the street line no building or portion thereof may be erected except
as provided in this chapter.
The minimum horizontal distance between the street, rear
or side lines of the lot establishing the area within which the structure
must be erected or placed.
A group of commercial and/or professional establishments
located in the general commercial zone, planned, developed and managed
as a unit in an enclosed building or buildings and utilizing such
common facilities as customer parking areas, pedestrian walks, truck
loading and unloading space and utilities and sanitary facilities,
with no single store being greater than 3,000 square feet or smaller
than 1,500 square feet.
A group of commercial establishments planned, developed and
managed as a unit in an enclosed building or buildings and utilizing
such common facilities as customer parking areas, pedestrian walks,
loading and unloading space and utilities and sanitary facilities.
Any object situated so as to be out-of-doors which is used
to advertise or identify an object, person, institution, business
product, service, event location by means of words, letters, figures,
designs or symbols.
FREESTANDING SIGNA sign supported by uprights or braces, not attached to any building or other permanent structure.
ATTACHED SIGNAny sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.
TEMPORARY SIGNA sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure, and which may be erected for a limited period of time in compliance with the provisions of this subsection.
PERPENDICULAR SIGNA sign mounted upon a wall or ceiling of a building and at right angles to that wall of the building most proximate to said sign.
PYLON SIGNAny freestanding sign supported by pyramidal tower supports.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge to the sign, the area shall be defined
by a projected enclosed, straight-sided geometric shape which most
closely outlines the said sign.
A plan drawn in conformance with the requirements of the
site plan section of this chapter.
A device or combination of devices, structures, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy.
[Added 2-20-2007 by Ord. No. 2007-3]
A complete design or assembly consisting of a solar energy
collector, as defined herein, an energy storage facility (where used)
and components for the distribution of transformed energy.
[Added 2-20-2007 by Ord. No. 2007-3]
Those waters of the United States in New Jersey which are
classified as such pursuant to the NJDEP. "State open waters" do not
include:
Waters which are subject to the ebb and flow
of the tide.
Waters which are presently used, or are susceptible
to use in their natural condition or by reasonable improvement, as
a means to transport interstate or foreign commerce shoreward to their
ordinary high water mark.
Wetlands adjacent to the waters, in Subsection (2), above, of this definition.
"Freshwater wetlands" as defined in this chapter.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. No story shall be deemed to be a first story if its
floor level is more than six feet above the level from which the height
of the building is measured. A mezzanine floor shall be counted as
a story if it covers over 1/3 the area of the floor next below it,
or if the vertical distance from the floor next above it is 24 feet
or more. A basement shall be counted as a story if its ceiling is
over five feet above the level from which the height of the building
is measured.
A story of which any two exterior sides meet a sloping roof
not more than two feet above the floor of such story.
Any street, avenue, boulevard, road, parkway,
viaduct, drive or other way:
Which is an existing state, county or municipal
roadway;
Which is shown upon a plat heretofore approved
pursuant to law;
Which is approved by officials action as provided
by this chapter; or
Which is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
The right-of-way width and design standards shall be as per state,
county or local requirements depending upon street jurisdiction and
in accordance with the Borough Master Plan.
"Marginal access streets" shall mean streets
which are parallel to and adjacent to arterial streets and highways,
and which provide access to abutting properties and protection from
through traffic.
"Alley or alleyway" shall mean minor ways which
are used primarily for vehicular service access to the back or the
side of properties otherwise abutting on a street.
The line determining the limit between the access rights
of the public and adjoining private property.
A street not dedicated or deeded to the public for public
use.
Placer mining operations to recover minerals with the use
of dredge boat or sluice washing plant whether fed by bucket lines
as a part of said dredge or by separate dragline or other supply capable
of moving at least 500 cubic yards of earth material per day.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this act, if no new streets are created:
Divisions of land found by the Planning Board
or subdivision committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or interstate
provisions;
Divisions of property upon a court order, including
but not limited to judgments or foreclosure;
Consolidation of existing lots deed or other
recorded instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of Chapter 291 of the Laws of New
Jersey, 1975, and such other duties relating to land subdivision which
may be conferred on the committee by the Board.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act and the rules and criteria as set forth herein. A
grant substantive certification shall be valid for a period of six
years in accordance with the terms and conditions contained therein.
See "private swimming pool."
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennae for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes,
but not limited to, radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, alterative
tower structures, and the like.
[Added 7-10-2000 by Ord. No. 2000-12]
A trailer used to transport goods and products from place
to place.
Any transportable temporary dwelling unit, with or without
its own motor power, designed and constructed for travel and recreational
purposes.
Includes any place or premises adopted for parking or used
for parking two or more trailers occupied for dwelling or sleeping
purposes, regardless of whether or not a charge is made for such accommodations.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
See "freshwater wetland transition area."
A way for carrying pedestrian traffic, and may be located
within the street, right-of-way provided for a street or may be located
adjacent to a lot line, between lots, and laid out so that it may
provide pedestrian traffic along a street or road.
See "freshwater wetland."
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
[Added 7-10-2000 by Ord. No. 2000-12]
Facilities for the provision of wireless communication services,
including, but not limited to, antennae, antenna support structure,
telecommunications towers and facilities defined as wireless telecommunications
equipment facilities.
[Added 7-10-2000 by Ord. No. 2000-12]
An open, unoccupied space extending the full width of the
lot and situated between the setback line and the street right-of-way
line of that lot. The term "setback" shall be synonymous with the
rearmost limit of the required front yard area.
The area created by the rear yard setback.
The area created by the side yard setback.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-1 et seq.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition
precedent to the commencement of a use of the erection, construction,
reconstruction, alteration, conversion, or installation of a structure
or building; and
Which acknowledges that such use, structure
or building complies with the provisions of the Municipal Zoning Ordinance
or variance there from duly authorized by a municipal agency, pursuant
to the Municipal Land Use Ordinance.
[1]
Editor's Note: Schedule 1 is included as an
attachment to this chapter.
B.
All definitions as contained in the Municipal Land
Use Law (N.J.S.A. 40:55D-3, 4, 5, 6 and 7) are incorporated into this
chapter by reference as if more particularly set forth here at length.
To the extent of any inconsistency, the statutory definitions shall
control.
C.
Usage. Any word used herein but not specifically defined
in this section shall be interpreted and defined consistent with the
Municipal Land Use Law, N.J.S.A. 40:56D-1 et seq.
