For purposes of this chapter, phrases and words
are defined as follows:
ACCESS
A way or means of approach to provide vehicular entrance
to a property.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which:
A.
Is subordinate to and serves a principal building
or a principal use.
B.
Is subordinate in area, extent and purpose to
the principal building or a principal use.
C.
Is ordinarily and customarily associated within
the principal use and contributes to the comfort, convenience or necessity
of the occupants, business or industry of the principal building or
principal use served.
D.
Is located on the same lot as the building or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter.
ACCESS STRIP
A portion of a lot which provides a connection from a public
road to the interior of a flag lot.
ADDITION
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of the improvement.
ADMINISTRATIVE OFFICER
The Township Clerk for all applications; the Planning Board
Secretary for all administrative and procedural requirements once
applications are before the Planning Board.
ADT
Average daily traffic.
ADVERSE EFFECT
Development designs or existing features or conditions on
a developer's property or nearby property creating, imposing, aggravating
or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions such as a layout inconsistent with the zoning regulations;
insufficient street width; unsuitable street grade; unsuitable street
location; inconvenient street system; unsafe and inefficient vehicular
and pedestrian circulation; inadequate utilities such as water, drainage,
shade trees and sewerage; unsuitable size, shape and location for
any area reserved or dedicated for public use of land for open space
in a planned development; infringement upon land designated as subject
to flooding; and the creation of conditions leading to soil erosion
by wind or water from excavation or grading; or not preserving the
existing natural resources of the site; all as set forth in N.J.S.A.
40:55D-38 and 40:55D-41 and measured against the design and performance
standards of this chapter.
AFFORDABLE RENTAL RESIDENCE
A dwelling in a building containing one or more dwelling
units, to be available for rent at prices affordable to low- and moderate-income
households under Council on Affordable Housing (COAH) regulations.
Each affordable rental residence must consist of a room or a series
of connected rooms designed for permanent residency containing living,
cooking, sleeping and sanitary facilities for a single housekeeping
unit. The dwelling shall be self-contained and shall not require the
use of unprotected outside stairs, passing through another dwelling
unit or indirect route(s) to get to any portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
Affordable rental residences shall be constructed, marketed and rented
so as to qualify for the 2 to 1 bonus under N.J.A.C. 5:93-5.13(d)1.
AGRICULTURAL SUBDIVISION
A form of exempt subdivision (determined by the Planning
Board) that is five acres or larger, which will not contain a dwelling
unit on the designated agricultural tract and which is devoted to
agricultural use or purpose.
AGRICULTURAL USE OR PURPOSE
Land devoted to agriculture for common farming activities,
including but not limited to production, harvesting, storage, grading,
packaging, processing and the wholesale and retail marketing of crops,
plants, animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management and grazing. For purposes of this chapter,
"agricultural use" does not include a dwelling. See definition of
"farm."
AGRICULTURE
Land which is:
A.
Devoted to the production for sale of plants
and animals useful to man, including but not limited to forages and
sod crops; grain and feed crops; dairy animals and dairy products;
poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats, including the breeding and
raising of any or all such animals; bees and apiary products; fur
animals; trees and forest products; fruits of all kinds; vegetables;
and nursery, floral, ornamental and greenhouse products; or
B.
Devoted to and meeting the requirements and
qualifications for payments or other compensation pursuant to the
Soil Conservation Program under an agreement with an agency of the
federal government.
ALTERATION, NONSTRUCTURAL
Any work done on any existing improvement which is not an
addition to that improvement, or which changes the appearance of the
exterior surface of any improvement (other than for repainting or
other work which restores the original exterior surface).
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in supporting members of the structure or additions
to a structure requiring walls, foundations, columns, beams, girders,
posts or piers or the moving of a structure.
ALTERNATIVE TOWER STRUCTURE
Mounting structures that camouflage or conceal the presence
of antennas or towers.
[Added 4-12-2001 by Ord. No. 2001-7]
ANIMAL HOSPITAL
A place where one or more animals or pets are given medical
or surgical treatment, including an accessory use as an animal kennel
limited to short-term boarding (see the definition of "kennel").
ANIMAL PEN
A structure and/or fenced area designed to contain or provide
shelter for domestic pets which are the property of the resident.
ANTENNA
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including but not limited to
directional antennas such as panels, microwave dishes, satellite dishes
and omnidirectional antennas.
[Added 4-12-2001 by Ord. No. 2001-7]
APARTMENT
A dwelling unit in a building having three or more dwelling
units where one or more of the dwelling units is located above one
or more other dwelling units (see "garden apartment").
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
An application form provided by the Township and completed
by the applicant together with all accompanying documents required
by this chapter for approval of the application for development, including
where applicable, but not limited to, a site plan, subdivision plat,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITY
The Planning Board, unless a different agency is designated
in this chapter, pursuant to the authority of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
APRON
The surface area located between a roadway and a driveway.
ATRIUM
As used with reference to the term "gross floor area," an
open court within a building extending to the roof, housing plantings,
incidental benches or chairs and an information or receptionist's
desk, but no general employee work areas.
ATTIC
An uninhabited area directly below the roof of a house.
AUTOMOBILE SERVICE STATION
Any premises used for the retail sales of gasoline, oil or
other products necessary for the maintenance and operation of motor
vehicles or for servicing and minor repairs thereof, but where no
vehicular painting and/or bodywork is done and where no junked or
unregistered vehicles are kept or stored.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
[Added 4-12-2001 by Ord. No. 2001-7]
BANK AND FINANCIAL INSTITUTIONS
A financial institution as defined by Division H, Subsections
60 and 61, within the Standard Industrial Classification System (SIC)
.
BARN
Any building that is or was an accessory to an agricultural
use and used for the housing, storage or preparation for marketing
of plants or animals, storage of agricultural equipment, machinery,
vehicles and tools.
BASEMENT
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more above the finished
grade where such grade meets the outside walls of the building. A
basement shall be considered a story above grade when the distance
from grade to the finished surface of the floor above the basement
is more than six feet for more than 50% of the total perimeter or
more than 12 feet at any point.
BERM
A mound of soil, either natural or man-made.
BILLBOARD
A sign or advertising structure which directs attention to
a business, commodity, product, service or entertainment conducted,
sold or offered elsewhere other than on the premises where the sign
is located; off-premises sign.
BOUNDARY LINE ADJUSTMENT
A subdivision where the lot line between lots is moved, but
no new lot is created. (See definition for "lot line adjustment.")
BUFFER
A transitional portion of a lot devoted to lessening adverse
impacts such as visual and noise conditions from one area to another
usually by providing a strip of land maintained with a combination
of trees or other natural woodland growth and/or graded and/or planted
with trees, evergreens, hedges or shrubbery of sufficient height to
protect an area from noise, dust, glare or other possible nuisances
generated by nearby activities.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
The area of a lot which is covered by principal and accessory
building(s), measured on a horizontal plane around the periphery of
the foundation(s) and including the area under the roof of any structure
supported by columns, but not having walls, as measured around the
extremities of the roof above the columns.
BUILDING ENVELOPE
The three-dimensional space within which a structure is permitted
to be built on a lot and that is defined by maximum height regulations
and minimum yard setbacks.
BUILDING FOOTPRINT
The outline of a building at all of those points where it
meets the ground.
BUILDING LINE
The line beyond which neither a principal building nor accessory
building extends, except that coves, cornices, gutters, chimneys,
steps or other minor projections from a building wall may extend over
the building line for a distance of no more than two feet.
BUILDING PERMIT
A certificate issued by the Construction Code Official authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans and as required pursuant to the Uniform State Construction
Code Act.
BUILD-TO-LINE
A line parallel to the street right-of-way line at which
a specified percentage of residential dwelling units in a block must
be located; in siting residential building, the principal structure
(main body) of the house/building is to be aligned with the build-to
line irrespective of any porch, portico or other projection from the
principal structure.
[Added 6-12-2003 by Ord. No. 2003-6]
BUSINESS SERVICES
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing; building maintenance; employment services; management
and consulting services; protective services; equipment rental and
leasing; commercial research; development and testing; photo finishing;
and personal supply services.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
CAPITAL IMPROVEMENT PROGRAM
A proposed schedule of all future capital improvements listed
in order of construction priority, including cost estimates and the
anticipated means of financing each project.
CARRIAGE HOUSE
A dwelling unit which is architecturally integrated with
the garage of a single-family detached house within the Planned Village
Districts and which is intended to be subordinate to the principal
dwelling unit on the same lot; this unit type is not subject to subdivision
on a separate lot from that of the principal dwelling unit to which
it is an accessory use.
[Added 6-12-2003 by Ord. No. 2003-6]
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
CELLAR
The portion of a building partly or wholly below grade, where
the ceiling averages less than four feet above the finished grade
where such grade meets the outside walls of the building.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Code Official upon
completion of construction, alteration or change in occupancy or use
of a building certifying that all requirements of the Uniform Construction
Code and all requirements of the Zoning Ordinance, except as modified
by the Approving Authority, have been satisfied and that the approval
of the building is in conformance with the permitted uses in the zone
in which it is located.
CHESTERFIELD AREA
All of the area comprising Chesterfield Township and a three-mile
radius surrounding Chesterfield Township.
[Added 4-12-2001 by Ord. No. 2001-7]
CHILD-CARE OR DAY-CARE CENTER
A facility for the care, development and supervision of children
up to the age of 18 years who attend the facility for less than 24
hours a day. For facilities accommodating six or more children, the
facility shall be licensed or deemed exempt from licensure by the
State Department of Human Services, Department of Youth and Family
Services.
CIRCULATION
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
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
CLUB, RECREATION
A private organization established principally for the enjoyment
of outdoor recreation such as golf, tennis, swimming, riding, hiking
and fishing. Accessory facilities may be included if clearly subordinate
to the outdoor use such as covered tennis courts fewer in number than
open courts, year-round pools, lockers and incidental eating and social
facilities.
CLUSTER DEVELOPMENT
A planned development technique based on a dwelling unit
density for the entire tract, then allowing the lot sizes for the
dwellings to be reduced or allowing various multifamily housing types
to be substituted for detached single-family dwellings, so the housing
can be designed on a portion of the tract. Under cluster designs,
individual segments of the tract will be developed at higher densities
than others, in exchange for which other portions of the tract will
be left in open space or common property so the gross density of the
entire tract is not exceeded.
CLUSTER RESIDENTIAL DEVELOPMENT
Contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential housing units which
have a common or public open space area as an appurtenance.
COAH
The New Jersey Council on Affordable Housing.
COLLOCATION
Use of a common wireless telecommunications tower 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 tower on a structure owned
or operated by a utility or other public entity.
[Added 4-12-2001 by Ord. No. 2001-7]
COMMERCIAL FARM
A commercial farm shall be:
A.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964,
c.48 (N.J.S.A. 54:4-23.1 et seq.);
B.
A farm management unit less than five acres producing agricultural
or horticultural products worth $50,000 or more annually and otherwise
satisfying the eligibility criteria for differential property taxation
pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c.48 (N.J.S.A.
54:4-23.1 et seq.); or
C.
A farm management unit that is a beekeeping operation producing
honey or other agricultural or horticultural apiary-related products,
or providing crop pollination services, worth $10,000 or more annually.
[Added 12-28-2017 by Ord.
No. 2017-17]
COMMERCIAL VEHICLES
Commercially licensed vehicles of any kind except for Class
1 vehicles which do not have commercial advertising, lettering, signs
or names and addresses on the exposed portions thereof.
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
Licensed commercial wireless telecommunications services,
including cellular, personal communications services, specialized
mobilized radio, enhanced specialized mobilized radio, paging and
similar services that are marketed to the general public.
[Added 4-12-2001 by Ord. No. 2001-7]
COMMON OPEN SPACE
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.
COMMON PROPERTY
Land or water or a combination of land and water, together
with related improvements designed and intended for the use or enjoyment
of residents and owners of the development. "Common property" includes
common open space and may contain such complementary structures and
improvements as are incidental and accessory for the appropriate use
or enjoyment of the property.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons who require
assistance, temporarily or permanently, in order to live in the community
and shall include, but not be limited to, group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act (P.L. 1971, c. 136, N.J.S.A. 26:2H-1 et seq.). In the case of
such community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services.
COMMUNITY SEPTIC SYSTEM
A subsurface disposal system which serves five or more realty
improvements or one or more realty improvements where the design flow
is greater than 2,000 gallons per day (gpd) as regulated by the New
Jersey Department of Environmental Protection.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
COMPACTION
The increase in soil bulk density.
[Added 12-14-2006 by Ord. No. 2006-12]
COMPLETE APPLICATION
Submission of an application for development accompanied
by the adopted checklist, completed by the applicant, together with
all accompanying documents required by this chapter for review by
the Approving Authority.
CONDITIONAL USE
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 this chapter and upon the issuance of an authorization
therefor by the Approving Authority.
CONSERVATION EASEMENT
An easement generally prohibiting the construction of buildings
and intended for protection of environmentally sensitive areas including
tree stands, floodplains, endangered or threatened species habitats,
waterways, views and critical areas as defined by this chapter. Grant
or grants to the municipality sufficient to permit the municipality
to fulfill the intent and purpose of the easement as provided in this
chapter.
CONTIGUOUS LAND
Land which is physically connected to other land so as to
permit the land to be developed and used as a functional unit, provided
that separation by lot lines, streams, dedicated municipal roads,
rights-of-way and easements shall not affect the contiguity of land
unless such condition(s) prevents the land from being developed and
used as a functional unit.
CONVENIENCE STORE
A retail business that provides the public with a convenient
location to quickly purchase a variety of consumable products and
services, generally food, snacks, confectionary, beverages, tobacco,
and gasoline. Convenience stores typically:
[Added 7-26-2018 by Ord.
No. 2018-14]
A.
Include a gross floor area of 4,000 to 6,000 square feet;
B.
Have extended hours of operation including twenty-four-hour
service seven days a week;
C.
Provide off-street parking and convenient pedestrian access;
D.
Stock at least 500 stock-keeping SKUs.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
[Added 12-14-2006 by Ord. No. 2006-12]
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of Burlington County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the Burlington County
Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The Burlington County Planning Board as defined in Section
1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
COUNTY REVIEW AGENCY
"County review agency" as defined in §
130-75.
[Added 12-14-2006 by Ord. No. 2006-12; amended 2-25-2021 by Ord. No. 2021-2]
CRITICAL AREAS
Water bodies (including streams, ponds and lakes), one-hundred-year
floodplains, wetlands and slopes 15% or more.
[Amended 7-26-2001 by Ord. No. 2001-17]
CUL-DE-SAC
A dead-end street, with a turnaround area at the end.
DEMOLITION
The partial or total razing or destruction of any improvement.
DENSITY
The permitted number of dwelling units per gross acre of
land to be developed.
[Amended 7-26-2001 by Ord. No. 2001-17]
DEPARTMENT
The New Jersey Department of Environmental Protection.
[Added 12-14-2006 by Ord. No. 2006-12]
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
[Added 12-14-2006 by Ord. No. 2006-12]
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
[Added 12-14-2006 by Ord. No. 2006-12]
DETENTION BASIN
A man-made or natural water collection facility, designed
to collect surface and subsurface water in order to impede its flow
and to release the same gradually at a rate not greater than that
prior to the development of the property, into natural or man-made
outlets.
DEVELOPED AREA
That portion of a lot proposed for subdivision within the PVD Zoning Districts which is comprised of all land areas intended to be improved with building lots, road rights-of-way, stormwater management facilities (except for those which are immediately adjacent to proposed common open space areas), neighborhood parks and other improved/developed areas and shall be exclusive of areas comprised of wetlands, wetland transition areas, tract buffer areas required by this chapter, other undeveloped areas and common open space areas proposed pursuant to the requirements of §
130-41 of this chapter.
[Added 6-12-2003 by Ord. No. 2003-6]
DEVELOPER
The legal or beneficial owner or owners of a lot or of 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.
DEVELOPMENT
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 structure, 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, by any person,
for which permission is required under the Municipal Land Use Law
, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means: any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act , N.J.S.A 4:1C-1
et seq.
[Added 12-14-2006 by Ord. No. 2006-12]
DEVELOPMENT CREDIT
A unit of development measuring the intensity of use allowed
within a geographic area of the community.
[Added 7-26-2001 by Ord. No. 2001-17]
DEVELOPMENT FEE
Money paid by an individual, person, partnership, association,
company or cooperation for the improvement of property for purpose
of Mt. Laurel fees.
DEVELOPMENT REGULATION
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 adopted and filed pursuant
to N.J.S.A. 40:55D-1 et seq.
DISTRICT
A zoning district established under Article
XIV of this chapter.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
[Added 12-14-2006 by Ord. No. 2006-12]
DWELLING, TWO-FAMILY
A building containing two dwelling units which are separated
from each other by vertical walls or horizontal floors, unpierced
except for access to the outside or to a common cellar.
DWELLING UNIT or DWELLING
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one family. The dwelling unit
shall be self-contained and shall not require the use of outside stairs
or common hallways, passing through another dwelling unit or other
indirect route(s) to get to any portion of the dwelling unit, nor
shall one dwelling unit require shared facilities with another dwelling
unit.
DWELLING UNIT YIELD
The permitted number of dwelling units per gross acre of
land developed, provided that watercourses, floodways, swamps, areas
with seasonal high water tables at the surface, state and federally
designated wetlands and areas with slopes exceeding 20% shall receive
no density credit. Areas away from the stream and floodway but within
the one-hundred-year floodplain, areas having slopes between 10% and
20% and areas with seasonal high water tables between 0 feet and 1.5
feet shall receive half credit. For purposes of this chapter, the
delineation of areas of seasonal high water tables shall be as shown
on the Soil Conservation Service maps, except that if an applicant
desires to use site-specific information, the seasonal high water
tables shall be certified and sealed by a licensed professional engineer,
based on tests witnessed by the Township Engineer. For purposes of
this chapter, "design density" shall mean the number of units per
acre on that portion of a tract devoted to a specific housing type,
including streets, parking areas, driveways and yards, but excluding
other areas to be set aside for common property and/or public areas.
The "gross density" shall mean the number of units per acre on the
entire tract.
EASEMENT
A right to use the land of another for a specific purpose.
ENVIRONMENTALLY CRITICAL AREAS
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department’s
Landscape Project as approved by the Department’s Endangered
and Nongame Species Program.
[Added 12-14-2006 by Ord. No. 2006-12]
ENVIRONMENTALLY SENSITIVE AREAS
Include areas of wetlands, floodways, areas within the one-hundred-year
floodplain (but outside the floodway) and slopes exceeding 15%.
EQUALIZED ASSESSED VALUE
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 issuance of a 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.
EQUESTRIAN TRAIL
A trail for the purpose of riding horses and other equestrian
activities.
EQUIPMENT SHED/SHELTER
An enclosed structure, cabinet, shed or box at the base of
the local communications facility within which are housed batteries
and electrical equipment.
[Added 4-12-2001 by Ord. No. 2001-7]
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EXCAVATION
The result of any act by which soil or rock is cut into,
excavated, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing ground surface prior
to cutting or filling.
FAA
The Federal Aviation Administration.
[Added 4-12-2001 by Ord. No. 2001-7]
FAMILY
One or more persons related by blood, marriage, adoption
or guardianship or any number of persons not so related, occupying
a dwelling unit and living as a single nonprofit housekeeping unit.
FAMILY CHILD-CARE CENTER
A child-care facility provided by a homeowner for six to
15 children, exclusive of family members, within the homeowner's residence
and licensed by the State Department of Human Services, Division of
Youth and Family Services.
FARM
One or more lots with at least 10 acres devoted to the raising
of agricultural products, including crops, livestock, swine, rabbits,
poultry or dairy products, plus contiguous acreage containing one
dwelling unit for the owner or operator of the farm. It includes necessary
farm structures within the prescribed limits and the storage of equipment
used.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm as
defined by this section. The term "farm building" shall not include
"farm dwelling."
FARMSTAND
A structure, either permanent or portable (e.g., wagon),
located on a farm and in conjunction with a farm use for the purpose
of selling farm produce, the majority of which must be grown on the
property owned or under the control of the owner of the farm on which
the stand is located, open only nine months per year.
[Amended 6-13-2013 by Ord. No. 2013-7]
FARMLAND PRESERVATION PROGRAM
A voluntary program as defined in the Agriculture Retention
and Development Act (N.J.S.A. 4:1C-11 et seq.), which has as its principal
purpose the long-term preservation of significant masses of reasonable
contiguous agricultural land within agricultural development areas
and the maintenance and support of increased agricultural production
as the first priority of that land, including programs for the purchase
of development rights, easements and deed restrictions and programs
for financial assistance subject to approval by the State Agricultural
Development Committee.
FCC
The Federal Communications Commission.
[Added 4-12-2001 by Ord. No. 2001-7]
FENCES
Artificially constructed barriers of wood, masonry, stone,
wire, metal or any other natural or synthetic combination of materials
erected for the enclosure or screening of land or structures, except
in connection with agricultural uses.
FINAL APPROVAL
The official action of the Approving Authority taken on a
preliminary approved major subdivision or 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.
FINISHED GRADE
The final grade or elevation of the ground surface conforming
to the proposed design.
FLAG LOT
The flag lot configuration is one of reduced frontage on
an approved street with the enlarged buildable portion located at
the rear of the lot.
FLAG LOT STEM
The area of the flag lot which provides access on a driveway
to the main buildable portion of the flag lot.
FLOOR AREA
The total floor area measured by using the outside dimension
of the building at each story. If sharing a common wall, the area
shall be measured from the center of interior walls and the outside
of exterior walls. In residential uses, the gross floor area shall
exclude the areas of the garage, attic, open porch or patio, cellar,
utility area, heating and cooling rooms and all portions of the floor
areas which have a ceiling height of less than 7.5 feet. In nonresidential
structures, the gross floor area shall exclude areas used for utility,
heating, cooling and other mechanical equipment but shall include
all other areas, including cellars, warehousing and storage areas,
regardless of ceiling height.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures
compared to the total area of the site. The gross floor area as defined
below shall be used in the calculation of the floor area ratio.
FOOTCANDLE
The illuminance on a surface of one foot in area in which
there is uniformly distributed a light flux of one lumen.
FRANCHISE AREA
The right or authority to provide specified goods or services
to a defined geographical area.
GARAGE, PRIVATE
A building for the storage of not more than three motor vehicles,
with no provision for repairing, servicing or storing such vehicles
for profit. A private garage is also called a "residential garage."
GAZEBO
An accessory structure detached from the principal building
used for outdoor leisure activities or a landscape element.
GLARE
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
and acuity.
GOVERNING BODY
The Township Committee of the Township of Chesterfield.
GREENHOUSE
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
GROUND COVER
Low-growing (18 inches in height or less) woody plants.
GROSS FLOOR AREA
The sum of the area of full stories of a building or structure
measured by using the outside dimension of the structure at each story.
The gross floor area of units sharing a common wall shall be measured
from the center of interior walls and the outside of exterior walls.
In nonresidential uses, the gross floor area shall exclude areas used
for utility and heating, cooling and other mechanical equipment, nonenclosed
but covered exterior walkways, garages and parking decks, including
the pedestrian entrance areas associated with underbuilding parking
garages, but shall include all other areas regardless of ceiling height,
including, but not limited to, cellar, warehouse and storage areas.
Only the ground floor area of any atrium shall be included. In residential
uses, the gross floor area shall exclude the areas of the garage,
attic, open porch or patio, cellar, utility areas, heating and cooling
rooms and all portions of floor areas which have a ceiling height
above them of less than 7.5 feet.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and antenna.
[Added 4-12-2001 by Ord. No. 2001-7]
HEIGHT, BUILDING
The vertical distance measured between the highest point
of the building and the average elevation of the finished grade as
measured five feet from the foundation. The finished grade of berms
and other mounding techniques that might be added around building
foundations to increase the height of the finished grade and hence
increase the allowable height of the building shall not be used for
measuring building height.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of a historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district preliminarily determined by the
Secretary to qualify as a registered historic district;
C.
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(1)
By an approved state program as determined by
the Secretary of the Interior; or
(2)
Directly by the Secretary of the Interior in
states without approved programs.
HOME OCCUPATION
An occupation being conducted from a residence or from the residential lot as an accessory use. (See Article
XI.)
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating under recorded
land agreements through which:
A.
Each lot owner, condominium owner, stockholder
under a cooperative development or other owner of property or interests
in the project shall be a member.
B.
Each occupied dwelling unit is subject to a
charge for a proportionate share of the expenses for the organization
activities and maintenance, including any maintenance costs levied
against the association by the municipality.
C.
Each owner and tenant has a right to use the
common property.
HOME PROFESSIONAL OFFICE
The office or studio of a licensed profession, such as physician,
dentist, lawyer, architect, engineer or teacher who is a resident
of the dwelling.
HOMESTEAD
Fifty-foot radius from all existing structures, including
barns, sheds and other outbuildings.
HORTICULTURE
The growing or raising of nursery plants for sale for landscape
purposes.
HOTEL
An establishment providing lodging and usually meals for
the general public, especially transient guests. It may include such
uses incidental to the operation as follows: rest rooms, offices,
meeting rooms, restaurants, cocktail lounges, beauty parlors, barbershops,
apparel stores, confectionery shops and the like. Such incidental
uses shall be conducted solely within the primary building.
HOUSEKEEPING UNIT
Unrelated individuals living together on a fairly stable,
rather than transient, basis where the occupants share the ordinary
tasks of living in a dwelling unit, such as but not limited to cooking
and eating together, sharing inside and outside chores and performing
other functional duties and activities akin to emulating family life.
HOUSE OF WORSHIP
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship or religious education.
HOUSING CONSULTANT
The consultant firm engaged by the Township to administer
the housing rehabilitation program and conversion program of the Township
relating to lower income housing.
HOUSING FUND
The Housing Rehabilitation and Assistance Fund established
by the Housing Ordinance of the Township of Chesterfield.
HOUSING OFFICER
The employee, consultant or authority or government or other
agency charged with the responsibility of administering the affordable
housing program of the Township.
IMPERVIOUS SURFACE RATIO
A measure of the coverage of a piece of land measured by
dividing the total area of all impervious surfaces within the site
by the total lot area.
INDUSTRIAL OR OFFICE PARK
A tract comprehensively planned, designed and approved for
industrial or office uses, whether or not the buildings are erected
in one development stage or over a period of time, but where the streets,
utilities and lots and/or tenants parcels are set forth on a plan
for the entire tract prior to construction of any portion of the tract.
As development takes place, changes may be made in the plans for any
undeveloped section(s), provided that the modifications conform to
logical extensions of installed segments of streets, drainage, utilities
and other facilities. Industrial or office parks with no subdivided
lots shall have buildings spaced so the mortgage and/or lease lines
conform to the requirements for lot lines as set forth in this chapter
to assure conformance of such matters as building setbacks, buffers,
driveway locations and distances between buildings.
INFILTRATION
The process by which water seeps into the soil from precipitation.
[Added 12-14-2006 by Ord. No. 2006-12]
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
JUNKYARD
Any area of land, with or without buildings, used as a dump,
as defined in N.J.A.C. 7:26-1.4, or such area devoted to the storage,
collection, keeping or abandonment of used, discarded or wasted materials,
objects or debris, whether or not it is in connection with the dismantling,
processing, salvage, sale or other use or disposition thereof. The
deposit or storage of two or more wrecked or inoperable or unregistered
vehicles or parts thereof on a lot for one month or more shall be
deemed a "junkyard."
KENNEL
Any building, structure or premises in which one or more
animals are kept, boarded, bred or trained for commercial purposes.
Medical and surgical services, if any, shall be limited to incidental
services provided solely for animals being boarded, bred or trained
on the premises. Animal kennel does not include animal hospitals (see
definition of "animal hospital").
LANDLOCKED
Property which has no frontage on a public street.
LANDMARK
A building, structure, site or object which possesses integrity
of location, design, setting, materials, workmanship or association
and which is either located within an historic district or has been
specifically identified as an historic site within the historic preservation
plan element of the Master Plan of the Township pursuant to N.J.S.A.
40:55D-28, Subdivision b(6), and has been determined, pursuant to
the terms of this chapter, to:
A.
Be of particular historic, cultural, scenic
or architectural significance to the Township and in which the broad
cultural, political, economic or social history of the nation, state
or community is reflected or exemplified; or
B.
Be identified with historic personages or with
important events in the main current of national, state or local history;
or
C.
Show evidence of habitation, activity or the
culture of prehistoric man; or
D.
Embody a distinguishing characteristic or an
architectural type valuable as representative of a period, style or
method of construction; or
E.
Represent a work of a builder, designer, artist
or architect whose individual style significantly influenced the architectural
history of the Township.
LATTICE TOWER
A freestanding tower with multiple legs and cross-bracing
of structural steel.
[Added 4-12-2001 by Ord. No. 2001-7]
LIGHT EMISSION, DIRECT
Direct light emissions visible at a height of three feet
or anything higher at the property line. A bulb, reflective device,
refractive lens device, globe or diffuse panels shall be considered
a direct light emission source.
LIGHT TRESPASS
Any form of artificial illumination emanating from a light
fixture or illuminated sign that penetrates other property.
LOADING SPACE
An off-street berth within a structure or in the open, but
on the same lot with a building or a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading between
the vehicle and the building.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The area contained within the lot lines but not including
any portion of a street. The minimum lot area of a lot fronting on
a street proposed to be widened in the adopted Master Plan shall be
the minimum area required for the district in which it is located,
plus the additional area needed to anticipate the ultimate widening
of the street. On flag lots, the minimum lot area shall exclude the
access drive.
LOT, CORNER
A lot having at least two adjacent sides fronting on intersecting
roads. A lot with frontage on two or more streets, including corner
lots, shall have a building set back from each street not less than
the required front yard. For rear and side yard setbacks of a corner
lot, the rear yard shall be the yard that is opposite the designated
front of the house (i.e., the side of the house having the front door.)
The sole remaining side yard will meet side yard setback requirements
for the zone. A lot situated with frontage on a road or street, and
with secondary frontage on an alley, or "lane," in the Township’s
receiving area, shall not be considered a corner lot for setback area
and bulk requirement purposes.
[Amended 7-9-2008 by Ord. No. 2008-13; 12-30-2010 by Ord. No.
2010-18]
LOT COVERAGE
The area of a lot covered by buildings, structures and paved
surfaces, with paved surfaces including but not limited to sidewalks,
patios, swimming pools and decks, whether constructed of brick, blacktop,
compacted stone, flagstone, concrete, wood or similar impervious material.
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
LOT FRONTAGE
The straight horizontal distance between the side lot lines,
measured at their intersection with the street line. The minimum lot
frontage shall be the same as the lot width, except that on curved
alignments with an outside radius of less than 500 feet, the lot frontage
may be reduced to not less than 75% of the required minimum lot width
and except as set forth for flag lots. In the case of a corner lot,
either side may be considered the lot frontage, provided that the
minimum dimension is met. (See "yard" definitions; see also "lot,
corner" for exceptions.)
LOT LINE
Any line forming a portion of the exterior boundary of a
lot, and is the same line as the street line for that portion of a
lot abutting a street. Lot lines extend vertically in both directions
from ground level. On existing streets whose widths are proposed to
be increased, the lot line shall be such as to provide for the widened
street as shown on the Master Plan or Official Map.
LOT LINE ADJUSTMENT
A change in a lot line accomplished by minor subdivision.
(See the definition of "boundary line adjustment.")
LOT SIZE AVERAGING, RESIDENTIAL DEVELOPMENT
A planned development technique designed to encourage and
promote flexibility, economy and environmental soundness in layout
and design by varying, within a conventional subdivision, the lot
areas and dimensions, as well as the yards and setbacks otherwise
required by municipal development regulations in such a way that the
average lot areas and dimensions, yards and setbacks within the subdivision
conform to the conventional norms of the municipal development regulations,
provided that such standards shall be appropriate to the type of development
permitted.
LOT SIZE REDUCTION
In order to encourage and promote flexibility, economy and
environmental soundness in layout and design, the Planning Board may
approve the varying, within a conventional subdivision, of lot areas
and dimensions and yards and setbacks otherwise required by municipal
development regulations in such a way that the average lot areas and
dimensions, yards and setbacks within the subdivision conform to the
conventional norms of the municipal development regulations, provided
that such standards shall be appropriate to the type of development
permitted.
LOT WIDTH
The distance between side lot lines measured at the minimum
required building setback from the street line, except on flag lots,
the lot width shall be measured at the building line.
LOW AND MODERATE INCOME
An income level which is equivalent, in the case of the term
"low income," to the very low income level and in the case of the
term "moderate income," to the low income level, established by the
U.S. Department of Housing and Urban Development pursuant to 42 U.S.C.
§ 1437a(b), and pertaining for the Township at the time
of the relevant rental or sale of an involved dwelling unit. The term
"family" or "household," when used with or in the context of the term
"low and moderate income" or "lower income," shall have the meaning
ascribed to the singular of the word "families" in the above code
provision. In all events, the foregoing terms in quotations shall
have the meaning attributed to them by then-current regulations adopted
by New Jersey Council on Affordable Housing (COAH).
LUMEN
A unit of measure of the quantity of light which falls on
an area of one square foot every point of which is one foot from the
source of one candela (candle). A light source of one candela emits
a total of 12.57 lumens.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township of Chesterfield
for the maintenance of any improvements required under N.J.S.A. 40:55D-1
et seq., including but not limited to surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
MAJOR DEVELOPMENT
"Major development" as defined in §
130-75.
[Amended 12-14-2006 by Ord. No. 2006-12; 2-25-2021 by Ord. No. 2021-2]
MANUFACTURING
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township of Chesterfield as set forth in and
adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR
The Chairman of the governing body of the Township of Chesterfield.
MERGER
The consolidation of two or more lots into a single lot by
the removal of the lot lines.
MINING
The extraction or quarrying of minerals, rocks and other
solid material, including operations of milling, crushing, screening,
washing, flotation and other preparation customarily done at the mine
site or as part of the mining activity.
MIXED USE
A development which includes residential, public, quasi-public,
commercial, office and open space uses and which has significant functional
and physical integration of project components, including uninterrupted
pedestrian connections and which is in conformance with a comprehensive
design plan.
MOBILE HOME OR MANUFACTURED HOME
A dwelling unit manufactured in one or more sections; designed
for long-term occupancy; containing living and sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems; and designed to be transported on its own wheels after fabrication,
arriving at the site where it is to be occupied as a complete dwelling
unit, usually including major appliances and furniture and ready for
occupancy, except for minor and incidental unpacking and assembly
operations. For purposes of this chapter, recreational vehicles, travel
trailers and campers are not considered mobile homes.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes are
located and used for living purposes.
MODULAR HOME
A dwelling unit manufactured in one or more sections; designed
for long-term occupancy; containing living and sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems; and designed to be transported on a flatbed or on other trailers
in sections, arriving at the site where it is assembled for occupancy
as a complete dwelling; and a unit that is in conformity with the
Uniform Construction Code.
MONOPOLE
A single, freestanding pole-type structure, tapering from
base to top, and supporting one or more antenna for wireless transmission.
[Added 4-12-2001 by Ord. No. 2001-7]
MULCH
A layer of wood chips, dry leaves, straw, hay, plastic or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place
and aid plant growth.
MUNICIPAL AGENCY
The Planning Board or Township Committee of the Township
of Chesterfield when acting pursuant to N.J.S.A. 40:55D-1 et seq.
MUNICIPALITY
Township of Chesterfield.
[Added 12-14-2006 by Ord. No. 2006-12]
NEIGHBORHOOD STORE
A retail store or shop which sells dairy products, sundries,
beverages, prepared foods, canned goods, small quantities of vegetables
and fruit, magazines, newspapers, other printed periodicals and baked
goods. The store is intended to serve its immediate surrounding neighborhood,
a village or a hamlet.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
[Added 12-14-2006 by Ord. No. 2006-12]
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A building or 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.
NONCONFORMING USE
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.
NURSERY
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
NURSERY SCHOOL
A facility for the care, development and supervision of children
under the age of six years who attend the facility for less than 24
hours a day. For facilities accommodating six or more children, the
facility shall be licensed or deemed exempt from licensure by the
State Department of Human Services, Division of Youth and Family Services.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
[Added 12-14-2006 by Ord. No. 2006-12]
OFFICE, BUSINESS OR PROFESSIONAL
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purposes, but where retail sales
are permitted only if they are an accessory to the principal office
use.
OFFICE PARK DEVELOPMENT
A tract comprehensively planned for office uses whether or
not the buildings are erected in one development stage or over a period
of time, but where the streets, utilities and lots are approved and
constructed or guaranteed for the entire tract prior to construction
of any portion of any building on the tract. Parks with no subdivided
lots shall have buildings spaced so the mortgage and/or lease lines
conform to the requirements for lot lines to establish conformance
with this chapter for such matters as building setbacks, buffers,
driveway locations and distances between buildings.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Burlington County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
OFF-SITE IMPROVEMENTS
Improvements to accommodate conditions generated by a proposed
development, including but not limited to new improvements and/or
extensions and modifications of existing improvements. "Off-site"
means 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.
OFF-STREET PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use, whether for
a fee or as a service or privilege, by clients, customers, suppliers
or residents.
OFF-TRACT IMPROVEMENTS
Improvements to accommodate conditions generated by a proposed
development, including but not limited to new improvements and/or
extensions and modifications of existing improvements. "Off-tract"
means 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.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or 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 designed to
be incidental to the natural openness of the land.
OPEN SPACE RATIO
The area of the property that is landscaped or left in a
natural state after development expressed as a ratio of the total
site area.
OUTDOOR LIGHT FIXTURE
An illuminating device which is permanently installed outdoors,
including but not limited to devices used to illuminate any site,
structure or sign.
PARKING SPACE
An area for the parking of a motor vehicle that is located
on the same lot as the use it is serving. The area of a parking space
is intended to be sufficient to accommodate the exterior extremities
of the vehicle whether, in addition thereto, wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be as
required by this chapter and shall be measured perpendicularly to
each other, regardless of the angle of the parking space to the access
aisle or driveway. In order for a parking space to qualify as meeting
the minimum parking requirements of this chapter, there must be unobstructed
access to the parking space. No parking space may block another.
PARTY IMMEDIATELY CONCERNED
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 N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTY
Security accepted by the Township under this chapter, at
least 10% of the total of which shall be cash or certified check and
the balance either cash, certified check or bond in which the developer
shall be principal and an acceptable surety company licensed to do
business in the State of New Jersey shall be surety.
PERIMETER VILLAGE HOUSE
A building containing one dwelling unit which is not attached
to any other dwelling and which is principally intended to serve as
a transition from larger residential buildings and lot sizes outside
the Planned Village Districts to smaller residential buildings and
lot sizes within the Planned Village District.
[Added 6-12-2003 by Ord. No. 2003-6]
PERMITTED USE
Any use of land, building or structure as permitted by this
chapter.
PERSON
"Person" as defined in §
130-75.
[Added 12-14-2006 by Ord. No. 2006-12; amended 2-25-2021 by Ord. No. 2021-2]
PLANNED DEVELOPMENT
Unit development, planned unit residential development, residential
cluster, planned commercial development or planned industrial development.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous acreage, as specified in
the zoning provisions of this chapter, and an area to be developed
as a single entity according to a plan containing one or more residential
clusters. The development may include, as specified in the zoning
provisions, appropriate commercial, public or quasi-public uses all
primarily for the benefit of the residential development.
PLANNING BOARD
The Planning Board of Township of Chesterfield, Burlington
County, New Jersey, established pursuant to N.J.S.A. 40:55D-23.
PLANTS, INDIGENOUS
Plants that are native to the Eastern United States and not
imported stock from other areas of North America or other continents.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The plat of all or a section of the development submitted
for final approval prepared in accordance with the Map Filing Law,
N.J.S.A. 46:23-9.9. If approved as a subdivision, it shall be filed
with the county recording officer within the required time, otherwise
the approval shall be void. Minor and exempt subdivision and minor
and exempt site plan approval shall be deemed final approval and the
plats shall be submitted to comply with final plat requirements.
PLAT, PRELIMINARY
The plat prepared and submitted as a part of the application for preliminary approval in accordance with Article
III of this chapter.
PLAT, SKETCH
The plat prepared and submitted for purposes of classification and discussion in accordance with Articles
III through
X of this chapter.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, ground waters or surface waters of the
state, or to a domestic treatment works. “Pollutant” includes
both hazardous and nonhazardous pollutants.
[Added 12-14-2006 by Ord. No. 2006-12]
PORCH
A roofed open structure projecting from the front, side and/or
rear wall of a building and having no enclosed features of glass,
wood or other material except screening and the necessary columns
to support the roof.
POTABLE WELL
An underground source of water suitable for drinking.
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this definition, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 4-12-2001 by Ord. No. 2001-7]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; N.J.S.A. 40:55D-48;
and N.J.S.A. 40:55D-49) prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PRINCIPAL USE
The main purpose for which any lot, building and/or structure
is used. No lot shall have more than one principal permitted use,
except as noted below for farms. No more than one principal building
shall be permitted on one lot, except that apartment or townhouse
complexes, condominium projects and industrial/office complexes, where
permitted, may be permitted more than one building on a lot in accordance
with an approved site plan. For farms, more than one but not more
than three principal dwellings may be permitted on one farm tract
without a subdivision, provided that the farm is of sufficient size
that the dwelling unit yield allowed in the Zoning Ordinance is not
violated and provided that any new dwellings erected on a farm that
are not placed on separate lots shall be spaced so a conforming subdivision
is able to be created and provided that an approved well and septic
system are available for each unit.
PRIVATE RECREATION
A recreation facility operated by an organization (for profit
or nonprofit) and open only to bona fide members and guests of such
organization.
PRIVATE SCHOOL
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
PROVIDER
A company that provides wireless services via a local communications
facility.
[Added 4-12-2001 by Ord. No. 2001-7]
PUBLIC AREAS
A.
Public parks, playgrounds, trails, paths and
other recreational areas;
B.
Other public open spaces;
C.
Public scenic and historic sites; and
D.
Sites for schools and other public buildings
and structures.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township, Township agency, Township Board of Education, state or county
agency or other public body for recreational or conservational uses.
PUBLIC PURPOSE
The use of land and/or building(s) by the Township Committee,
Township School Board or some officially created Township, county,
state or federal agency or authority or municipally sanctioned emergency
service.
PUBLIC UTILITY
Any public utility regulated by the Board of Public Utilities
and defined pursuant to N.J.S.A. 48:2-13.
PUBLIC WATER SUPPLY SYSTEM
A water supply providing piped water to the public for human
consumption, if such system has at least 15 service connections or
regularly service at least 25 individuals pursuant to N.J.A.C. 7:19-1
et. seq.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
[Added 12-14-2006 by Ord. No. 2006-12]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
designed to be self-propelled or permanently towable by another vehicle;
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
REPAIR
Work done on any improvement which is not an addition to
the improvement and does not change the appearance of the exterior
surface of the improvement (other than for repainting or other work
which restores the original exterior surface).
RESEARCH FACILITIES
Buildings or structures for experimentation in pure or applied
research design, development and production of prototype machines
or devices or of new products and uses accessory thereto, wherein
products are not manufactured primarily for wholesale or retail sale,
wherein commercial servicing or repair of commercial products is not
performed and wherein there is no display of any materials or products.
RESERVATION
A.
A provision in a deed or other real estate conveyance
that retains a right for the existing owner even if other property
rights are transferred;
B.
A method of holding land for future public use
by designating public areas on a plat, map or site plan as a condition
of approval.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
A public eating facility where patrons are first seated at
tables, booths or counters, after which food ordered by them is served
to the patrons by waiters or waitresses at such tables, booths or
counters. The term "restaurant" does not include drive-in restaurants
or fast-food restaurants as otherwise defined in this section.
RESTAURANT, DRIVE-IN
An establishment where patrons are served soft drinks, ice
cream and other food products for consumption outside the confines
of the principal building or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
RESTAURANT, FAST-FOOD
Any fast-food restaurant, including drive-in restaurants,
which may or may not have tables, which is essentially designed to
dispense quick, ready-made food of limited variety and at which the
patron obtains food directly from the dispensing counter for consumption
on or off such premises.
RETAIL USE
A commercial use as defined by Division G within the Standard
Industrial Classification System (SIC).
RETAINING WALL
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
RETENTION BASIN
A pond, pool or basin used for the storage of water runoff,
whether natural or man-made, designed to contain water permanently
.
REVERSE FRONTAGE LOTS
Lots abutting a major street, with no access to the major
street, but having driveway access to a side street or to a minor
street running parallel to the major street.
RIDGE TOP LINE
A line of ridges which are areas of similar topographic relief
as identified by topographic mapping.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
utility alignment or other way and within which all improvements and
rights of access are confined.
ROAD ORDINANCE
The Road Ordinance of the Township of Chesterfield, adopted
March 9, 1960, and any amendments thereto.
SCHOOLS, PUBLIC
Schools whose curriculum is approved by the New Jersey Department
of Education or the New Jersey Department of Higher Education as a
unit receiving state financing and administration.
SEDIMENT
"Sediment" as defined in §
130-75.
[Amended 2-25-2021 by Ord. No. 2021-2]
SEDIMENT BASIN
A barrier, dam, excavated pit or dugout constructed across
a waterway or at other suitable locations to intercept and retain
sediment.
SEDIMENTATION
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.
SEMI-DETACHED HOUSE
A single-family dwelling attached to one other single-family
dwelling by a common, unpierced vertical wall extending from ground
to roof with each dwelling located on a separate lot and having its
own front and rear access to the outside.
[Added 6-12-2003 by Ord. No. 2003-6]
SENIOR CITIZEN HOUSING
A residential development including accessory buildings and
required or permitted social, cultural, medical and recreational facilities
limited to certain age groups conforming to 24 CFR Part 100 Subpart
E, Housing for Older Persons, of the Federal Fair Housing Amendments
Act of 1988, as it may be amended or superseded.
SEPTIC SYSTEM
An underground tank and laterals in which sewage in disintegrated
by bacteria.
SERVICE STATION
Lands and buildings providing for the fueling of vehicles
as well as the sale of lubricants and automotive accessories.
A.
FUELING ISLANDA raised concrete island in a service station which contains one or more fueling pumps to service one or more vehicles.
B.
FUELING PUMPA machine pump for dispensing of motor fuel, whether gasoline or diesel. Each fueling pump can only dispense fuel to one vehicle at a time; however, there may be more than one fueling pump operated from one fueling island.
C.
FUELING STATIONThe building, premises and land in which or upon which automobile and truck fuels are dispensed, stored and sold.
SERVICE USE
A commercial use as defined by Division I within the Standard
Industrial Classification System (SIC).
SETBACK
The minimum distance between a street line and a lot line,
said space to be unobstructed except by fences or by shrubbery or
other planting.
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn
to the point of the building nearest to the street line or lot line
beyond which a building does not project. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from public streets
shall be measured from the proposed right-of-way width as shown on
the adopted Master Plan or Official Map, except that on flag lots,
the minimum setback shall exclude the access strip.
SHED
A structure with dimensions that are not less than 60 square
feet nor greater than 150 square feet in area and not exceeding eight
feet in height at the eaves and used solely for storage and not housing
of animals.
SHED, STORAGE
An accessory structure which is used for storage purposes
and which does not maintain any electrical, heating or water service.
Any structure which is large enough to store road licensed or farm
vehicles shall be considered a garage.
SHIELDED LIGHT FIXTURE
A light fixture with a focused lens that allows no direct
light emissions above a vertical cutoff angle of 80° through the
light fixture's lowest light emitting part as certified by a photometric
test. Any structural part of the light fixture providing this cutoff
angle must be permanently affixed.
SHOPPING CENTER
A tract comprehensively planned for two or more retail businesses,
whether the building(s) are erected in one development stage or over
a period of time, but where off-street parking is shared and the access,
parking, buildings, signs, lighting, landscaping, building elevations,
utilities and lots and/or tenants' parcels are set forth for the entire
tract prior to construction of any portion of the tract. Where there
is more than one detached building, each building shall be spaced
as if it were to be on separate lots in order to establish conformance
with this chapter for such matters as building setbacks, buffers,
driveways and distance between buildings.
SIDEWALK (AREA)
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
SIGHT TRIANGLE
A triangular area at each corner of intersecting streets
or of streets and driveways, where the grading and landscaping is
maintained and structures are restricted so as to allow drivers an
unobstructed view along the intersecting street and driveway.
SIGHT TRIANGLE EASEMENT
Grant(s) to the county or Township sufficient to fulfill
the intent and purpose of a sight triangle.
SIGN
Any object, device, display, mural, obstructive or a part
thereof, situated indoors or outdoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, services, event or location
by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illuminated or projected images; any announcement,
declaration, demonstration, billboard, display, illustration or insignia
used to promote or advertise the interests of any person, group of
persons, company, corporation, service or product when the same is
placed, erected, attached, painted or printed, whether inside or outside
the building where it may be viewed from the outside of any structure
on the premises where placed.
SIGN AREA
The area of any sign as calculated in this chapter shall
be computed as the product of the largest horizontal width and the
largest vertical height of the lettering, illustration, display or
background. This shall not be construed to include the supporting
members of any sign which are used solely for such purpose. If the
lettering, illustration, display or background is attached directly
to the face of a building, the height or width of the sign shall be
the height or width of the largest letter, illustration, display or
background, whichever is the greater.
SIGN CANOPY
A sign that is mounted or painted on or attached to an awning,
canopy or marquee.
SIGN FACADE
Any 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.
SIGN, FREESTANDING
Any sign, not attached to a building, which is erected, constructed,
supported or maintained on a post or pole or other bracing or supporting
device.
SIGN, GROUND-MOUNTED
Any freestanding sign which is flush to or rests upon the
ground rather than erected on a post or pole.
SIGN HEIGHT
In the case of a freestanding sign, the height will be computed
from grade level to the greatest height at any one point in the sign.
SIGN, IDENTIFICATION
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
SILTATION BASIN
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil from a designated area.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
[Added 12-14-2006 by Ord. No. 2006-12]
SITE PLAN APPROVAL
The process under which a minor or major site plan is reviewed
and acted upon by the Approving Authority prior to the issuance of
a zoning permit, building permit or a certificate of occupancy.
SITE PLAN, EXEMPT
Site plan approval by the Approving Authority shall not be
required for single-family and two-family dwellings as well as accessory
buildings to agricultural and horticultural uses unless such uses
involve a home occupation. Building or site alterations which do not
involve a change in use or additional parking or additional building
and/or paving area shall be exempt. Changes in use which do not require
additional parking shall be exempt.
SITE PLAN, MAJOR
All site plans for new developments and those not defined
as minor or exempt.
SITE PLAN, MINOR
A.
A development plan of one or more lots which:
(1)
Proposes new development, site alterations or
building alterations requiring fewer than 10 parking spaces and/or
less than 1,000 additional square feet of floor area and/or not more
than 10% additional lot coverage;
(2)
Does not involve a 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.
(3)
Does not involve site work in any floodway or flood-fringe area under §
130-85.
(4)
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance for approval of a minor site plan have been
met.
B.
Approval of a minor site plan shall be deemed
final approval and, as such, shall be prepared in accordance with
final plat requirements.
SITE PLAN REVIEW
The examination of the specific development plans for a lot.
The term "site plan approval" means a requirement that the minor or
major site plan be approved by the Approving Authority prior to the
issuance of a building permit and a certificate of occupancy.
SLOPE
The degree of deviation of a surface from the horizontal,
usually expressed as a percent or ratio of horizontal to vertical.
SOIL
"Soil" as defined in §
130-75.
[Amended 2-25-2021 by Ord. No. 2021-2]
SOIL LOG
A record of the cross section of soil types measured for
a set distance and indicating the depth at which water is encountered.
SOLAR ENERGY FACILITY OR STRUCTURE (referred to herein as "Solar
Energy Facilities or Structures")
A facility or structure and all associated equipment, whether
rooftop or ground-mounted, that engages in the generation of electrical
energy from solar or photovoltaic technologies or a facility or structure
engaged in supplying electrical energy generated from solar or photovoltaic
technologies, whether such a facility or structure is a principal
use, a part of the principal use, or an accessory use or structure.
This shall not include solar water heating systems.
[Added 10-12-2011 by Ord. No. 2011-18]
SPECIMEN TREE
A particularly impressive or unusual example of a species
due to its size, shape, age, historic significance or any other trait
that epitomizes the character of the species.
STANDARDS OF PERFORMANCE
Standards:
A.
Adopted by ordinance pursuant to N.J.S.A. 40:55D-65,
Subdivision d, regulating noise levels, glare, earthborn 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 Township;
or
B.
Required by applicable federal or state laws
or Township ordinances.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan’s goals and state-wide policies, and the official map of
these goals and policies.
[Added 12-14-2006 by Ord. No. 2006-12]
STORE, RETAIL
A building or part thereof in which retail uses are conducted.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land’s surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
[Added 12-14-2006 by Ord. No. 2006-12]
STORMWATER DETENTION
A provision for stormwater quality enhancement and for storage
of stormwater runoff and the controlled release of such runoff during
and after a flood or storm.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
[Added 12-14-2006 by Ord. No. 2006-12]
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
[Added 12-14-2006 by Ord. No. 2006-12]
STORY
A.
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 surface between the floor
and the ceiling next above it.
B.
The interior of the roof shall not be considered
a ceiling; rather, the underside of the highest horizontal surface
separating the area above from the remainder of the structure below
shall be considered the ceiling.
C.
Cellars and basements ordinarily shall not be
considered stories when considering the height of a building; provided,
however, that finished basements in nonresidential buildings shall
be considered a story for the purposes of height, floor area and parking
computations in accordance with the requirements of this chapter.
D.
A half story is the area under a pitched roof
at the top of a building, the floor of which is at least four feet
but no more than six feet below the plate; and such half story shall
not be used for nonresidential uses.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way meeting that represents any of the following:
A.
Is an existing state, county or municipal roadway;
B.
Is shown upon a plat heretofore approved pursuant
to law;
C.
Is approved by N.J.S.A. 40:55D-1 et seq.; or
D.
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, sidewalks,
parking areas and other areas within the street line.
STREET, ARTERIAL
A higher-order, interregional road in the street hierarchy;
conveys traffic between centers; should be excluded from residential
areas. (See the definition of "street hierarchy.")
STREET, COLLECTOR
A street that distributes traffic between residential access
and subcollector streets and arterial order streets in residential
subdivision design and between nonresidential uses and arterial roads.
Such streets are intended to carry up to 3,000 vehicles per day (AADT).
STREET, CUL-DE-SAC
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary. (See the definition of
"street hierarchy.")
STREET, DIVIDED
A street having an island or other barrier separating moving
lanes of traffic.
STREET FURNITURE
Man-made aboveground items that are usually found in street
rights-of-way, including benches, kiosks, bicycle racks, canopies,
decorative traffic control fixtures, shelters and phone booths.
STREET HARDWARE
The mechanical and utility systems within a street right-of-way,
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads to streets whose function
is residential access.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map or as required by this chapter forming the dividing
line between the street and the lot.
STREET, LOOP
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
STREET, MAJOR ARTERIAL
A street designed to move traffic from municipality to municipality
within a region and to provide connections between higher and lower
orders of streets, with an AADT between 10,000 and 25,000 vehicles
typically, though not exclusively, under county jurisdiction.
STREET, MARGINAL ACCESS
A service street that runs parallel to a higher-order street
which provides access to abutting properties and separation from through
traffic. It may be designed as a residential access street or minor
collector as anticipated daily traffic dictates.
STREET, MINOR ARTERIAL
A street which provides connections between major arterials
and residential or nonresidential collector streets and also functions
as an intramunicipal travel path, typically under county jurisdiction.
Such streets are intended to handle 3,000 and 10,000 AADT.
STREET, PRINCIPAL ARTERIAL
A street intended to handle large volumes of regional and
through traffic, typically under the jurisdiction of the state or
federal government such as the Interstate Highway System, with an
AADT exceeding 25,000 vehicles.
STREET, RESIDENTIAL ACCESS
The lowest order, other than rural street type, of residential
street (see the definition of "street hierarchy"); provides frontage
for access to private lots and carries traffic having destination
or origin on the street itself; designed to carry traffic at slowest
speed.
STREET, RESIDENTIAL MAJOR COLLECTOR
The highest order of residential street (see the definition
of "street hierarchy"); conducts and distributes traffic between lower-order
residential streets and higher-order streets (arterials and expressways).
STREET, RESIDENTIAL MINOR COLLECTOR
Middle order of residential streets (see the definition of
"street hierarchy"); provides frontage for access to lots and carries
traffic to and from adjoining residential access streets.
STREET, RESIDENTIAL NEIGHBORHOOD
A type of residential access street conforming to traditional
subdivision street design, which provides access to building lots
fronting on a street and provides parking on both sides of street
(see the definition of "street hierarchy").
STREET, RURAL
As it pertains to streets, when density is one dwelling unit
per acre or lower, a road primarily serving as access to abutting
building lots, which has no on-street parking and lot-to-street access
is designed so vehicles do not back out of lots onto the street (see
the definition of "street hierarchy").
STREETSCAPE
All of the elements that constitute the physical makeup of
a street and that, as a group, define its character, including building
frontage, street paving, street furniture, landscaping, including
trees and other plantings, awnings and marques, signs and lighting.
STREET, STUB
A street which is to be extended when the adjacent property
is developed.
STREET TREE
A tree in a public place, street, special easement or right-of-way
adjoining a street typically large in size when mature.
STRUCTURE
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.
SUBDIVISION, MINOR
A.
A subdivision of land that does not adversely
affect the development of the remainder of the tract or any adjoining
property and does not involve:
(1)
The creation of more than four lots including
the remainder of the original lot, whether or not the lots were created
at one time or singly over a period of years by the same or different
owners, and which lots front on an existing improved street;
(4)
Extension of any off-tract improvements, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
B.
Approval of a minor subdivision shall be deemed
final approval and as such shall be prepared in accordance with the
final plat requirements.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure before the improvement or repair is started or before the
damage occurred.
SUBSTANTIVE CERTIFICATION
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Act and the rules and criteria as set forth herein. A grant of substantive
certification shall be valid for a period of six years in accordance
with the terms and conditions contained therein.
SWIMMING POOL
Facilities constructed above or below ground having a depth
of more than two feet and/or a water surface of 100 square feet or
more and designed and maintained for swimming purposes. The installation
of swimming pools shall include consideration of all buildings, structures,
equipment and appurtenances thereto.
TECHNICAL REVIEW COMMITTEE
A committee appointed under provisions of this chapter to review development applications and schematic architectural plans and elevations submitted to the approving agency of the Township of Chesterfield under the provisions of this chapter. See §
130-83A and §
130-91.
[Amended 3-25-2013 by Ord. No. 2013-4]
TOWER
Any ground- or roof-mounted pole, spire, structure, device
or combination thereof that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including supporting lines,
cables, wires, braces and masks. The term includes radio and television
transmission towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like.
[Added 4-12-2001 by Ord. No. 2001-7]
TOWER, MULTI-USER
A tower to which is attached the antennas of more than one
commercial wireless telecommunication service provider or governmental
entity.
[Added 4-12-2001 by Ord. No. 2001-7]
TOWER, SINGLE-USER
A tower to which is attached only the antennas of a single
user, although the tower may be designed to accommodate the antennas
of multiple users as required by this chapter.
[Added 4-12-2001 by Ord. No. 2001-7]
TOWNHOUSE
One dwelling unit in a line of three or more attached dwelling
units, with each dwelling unit extending from the ground to the roof
and having no other dwelling unit located above or under it and with
each unit having its own outside access sharing no interior rooms
or hallways with another dwelling unit.
TOWNSHIP
The Township of Chesterfield in the County of Burlington.
TRACT
An area of land composed of one or more lots which are the
subject of the development application, as well as all contiguous
property in the same ownership of which such lot(s) are a part. Existing
streets shall not be included in calculating the area of the tract.
TRAILER
A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying animals and goods or objects. But, see §
130-8, Prohibited uses.
TRAILERS, TEMPORARY CONSTRUCTION
A trailer for office or storage for the period of construction
beginning with the issuance of a construction permit and concluding
with the issuance of the final certificate of occupancy.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TRANSFERABLE DEVELOPMENT CREDIT
A development credit created by filing a TDR easement in
accordance with the procedures set forth in this chapter.
[Added 7-26-2001 by Ord. No. 2001-17]
TRIPLEX
A single-family dwelling attached to one or two other single-family
dwellings by a common, unpierced vertical wall(s) extending from ground
to roof within a structure containing three such dwelling units with
each dwelling located on a separate lot and having its own front and
rear access to the outside.
[Added 6-12-2003 by Ord. No. 2003-6]
VOLUNTARY TDR'S
Transfer Development Rights (a/k/a TDC's) program that provides
landowners with the option of transferring development rights to a
fixed or floating receiving area(s).
UPLANDS
All lands except floodplains, wetlands and lands with seasonal
high water table of more than 18 inches from the surface.
USABLE YARD AREA
The portion of a yard surrounding a structure which is viable
for any use permitted by this chapter.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
UTILITY
Services provided to a use, including but not limited to
sewage treatment, water supply, gas, electric, telephone and cable
television.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-40,
Subdivision b, 40:55D-70, Subdivision c, and 40:55D-70, Subdivision
d.
VILLAGE HOUSE
A building containing one dwelling unit which is not attached
to any other dwelling and which is the smallest single-family detached
dwelling unit and lot size permitted within the Planning Village Districts.
[Added 6-12-2003 by Ord. No. 2003-6]
VISTAS
A unique view from or to a particular point.
WAIVER
The granting of relief from one or more submission requirements
for an application or relief from design requirements as set forth
in this chapter.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Added 12-14-2006 by Ord. No. 2006-12]
WETLAND BUFFER AREA
A transition area as defined in the Freshwater Wetlands Protection
Act (N.J.S.A. 13:9B-1 et seq.). The buffer or transition area shall
have a width approved by the NJDEP (New Jersey Department of Environmental
Protection) under such Act. It is an area where the permitted uses
shall be restricted to those approved under such Act and this chapter.
WETLANDS
A freshwater wetland as defined in the New Jersey Freshwater
Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
YARD
An open space extending between the closest point of any
building and a lot line or street line. In an apartment, townhouses,
industrial or office park, shopping center complex or other development
where more than one building may be erected on a lot, yards shall
also be the open space extending between structures and between structures
and interior streets. All yard dimensions shall be measured horizontally
and at right angles to either a straight street line, lot line or
building facade or perpendicular to the point of tangency of curved
lines and facades. The minimum distance between buildings in developments
where there is more than one building on a lot shall be the sum of
the two required yards of the structures and in no event shall two
structures be closer to one another than the sum of both required
side yards. Where an interior street, driveway or aisle passes next
to or between buildings, the required yards shall be in addition to
these areas.
YARD, FRONT
The area extending across the full width of a lot line between
the street line and the building facade(s) generally facing the street,
extending from each end of the building facade(s) in lines parallel
to the street line. For apartments, townhouses, industrial or office
parks, shopping center or other development where more than one building
may be erected on a lot, the width of the front yard shall be measured
away from the designated front of the building to an imaginary line
a designated distance away from the front of the building. In the
case of a flag lot, the required front yard shall be provided between
the nearest point of the front of the building and the nearest lot
line.
YARD, REAR
The open space extending across the full width of the lot
between the rear lot line and the building facade(s) generally facing
the rear lot line, extending from each end of the building facade(s)
in lines parallel to the street line. For apartments, townhouses,
industrial or office parks, shopping center or other development where
more than one building may be erected on a lot, the width of the rear
yard shall be measured away from the designated rear of the building
to an imaginary line a designated distance away from the rear of the
building. In the case of a flag lot, the required yard shall be provided
between the nearest point of the rear of the building and the nearest
lot line. The building includes porches and decks.
YARD, SIDE
An open space extending from the front yard to the rear yard
and lying between the side lot line and the closest point of the building.
The side yard for apartments, townhouses, industrial or office parks,
shopping center or other development where more than one building
may be erected on a lot shall be measured from the designated side
of the building to an imaginary line a designated distance away from
the side of the building.
ZONING OFFICER
The individual appointed by the Township governing body to
enforce the Development Regulations Ordinance herein.
ZONING PERMIT
A certificate issued by the Zoning Officer:
A.
Which is required by ordinance as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building; and
B.
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.