This Part 4 shall be known as the "Land Subdivision
Ordinance of the Township of Chester."
These regulations are deemed necessary to:
A.Â
Protect the character, stability and orderly development
of all areas of the community.
B.Â
Secure safety from fire, flood, panic and other natural
and man-made disasters and hazards.
C.Â
Encourage the proper location and design of streets.
D.Â
Promote a desirable visual and aesthetic environment
through creative development techniques and good civic design and
arrangements.
E.Â
Promote the conservation of open space and valuable
resources.
F.Â
Prevent degradation of the environment through improper
land use.
G.Â
Provide adequate light, air and open space.
H.Â
Encourage planned developments which incorporate the
best features of design and relate the type, design and layout of
development to the particular site.
I.Â
Provide rules, regulations and procedures which will
guide the appropriate development of lands within the community in
order to promote the public health, safety, morals and general welfare.
A.Â
Word usage.
(1)Â
The definitions contained in the Municipal Land
Use Law from N.J.S.A. 40:55D-3 through 40:55D-7, inclusive, are incorporated
by reference in this Part 4, including any future amendments, deletions
or interpretations.
(2)Â
Words used in the present tense include the
future. The singular number shall include the plural, and the plural,
the singular; the word "lot" includes the word "plot;" the word "person"
includes a corporation or partnership, as well as an individual; the
word "may" is permissive and the word "shall" is mandatory.
(3)Â
The terms "such as," where used herein, shall
be considered as introducing a typical or illustrative, rather than
an entirely exclusive or inclusive, example.
(4)Â
The approving authority may modify the method
of computing measurements such as height, area and yard dimensions
when required by unusually shaped buildings or lots or similar conditions
where the literal enforcement would be impracticable or would be contrary
to the intent of this Part 4.
B.Â
ADMINISTRATIVE OFFICER
APPROVING AUTHORITY
BUILDING HEIGHT
BUILDING INSPECTOR
BUILDING LINE
BUILDING PERMIT
CERTIFICATE OF OCCUPANCY
CONCEPT PLAN
CONSTRUCTION OFFICIAL
CONSTRUCTION PERMIT
COUNTY PLANNING BOARD
CUL-DE-SAC or DEAD-END STREET
DEVELOPER'S AGREEMENT
DISTURBANCE OF SOIL
DRAINAGE RIGHT-OF-WAY OR EASEMENT
DWELLING UNIT
EASEMENT
ENVIRONMENTAL IMPACT STATEMENT
FAMILY
FILL
FLOOR AREA
FRONTAGE
GRADE
GRADING
HOUSEHOLD
JUNKYARD
KENNEL
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT, FLAG
(1)Â
(2)Â
(3)Â
LOT FRONTAGE
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MINOR SUBDIVISION
MOTOR VEHICLE
PRELIMINARY APPROVAL
PUBLIC AREAS
PUBLIC DRAINAGEWAY
RESUBDIVISION
RIGHT-OF-WAY, PUBLIC
SEDIMENT
SETBACK LINE
STREET
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
(3)Â
(4)Â
(5)Â
SUBDIVISION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
USE
WATERCOURSE
WETLANDS
YARD, MINIMUM FRONT
YARD, MINIMUM REAR
YARD, MINIMUM SIDE
ZONING OFFICER
Terms defined. The following terms, when used in this
Part 4, shall have the meanings set forth, unless the context requires
otherwise:
[Amended 6-2-1997]
The Township Clerk of the Township of Chester.
The Planning Board or Zoning Board of Adjustment, as appropriate,
of the Township of Chester.
The greatest vertical distance between the finished ground
surface at any point adjacent to the building and the highest point
of the roof above it. Mechanical equipment, chimneys, lightning rods
and antennas commonly used for standard commercial radio or television
broadcast reception shall be excluded in the maximum height limitation,
provided that such projections shall not cover more than 20% of the
roof area and shall not exceed six feet in height. Church spires shall
be excluded.
See "construction official."
See "setback line."
See "construction permit."
A certification, in writing, by the Construction Official
that the premises and their use conform to the applicable codes and
regulations and may be used or occupied.
Information in the form of text, maps or oral presentations
that enables the approving authority to conduct a brief and informal
review of an application for development, prior to the filing of a
complete application, for the purpose of advising the applicant on
general procedures and design questions. See also "Plat, Sketch."
A person licensed by the State Department of Community Affairs
as a building subcode official and appointed by the Township to enforce
and administer the regulations in the land development chapters.
Certification by the Construction Official that the submission
of the applicant is in conformance with the applicable ordinances,
rules and regulations affecting development and that construction
may be initiated.
The Morris County Planning Board.
A street, or portion of a street, in which accessibility
is limited to only one means of vehicular ingress or egress.
A contract between the Township Council and a developer concerning
the implementation of, and guaranties for, development plans.
Any activity involving the clearing, excavating, storing,
grading, filling or transportation of soil, or any other activity
which causes soil to be exposed to the risk of erosion. Synonymous
with "land disturbance."[1]
See "public drainageway."
See the definition of "dwelling unit" in Part 5, Zoning.
A right given by the owner of land to another private or
public party for specific limited use of such land.
A written report, with illustrations, which identifies the
environmental, social or economic conditions which may be changed,
and the extent to which they may be changed, by a proposed development.
Synonymous with "Household."
Sand, gravel, earth or other materials of any composition
placed or deposited by any person or persons.
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than six feet.
See "lot frontage."
Any stripping, cutting, filling or stockpiling of the land.[2]
See the definition of "household" in Part 5, Zoning.
Any area or structure used for the storage, sale, processing
or abandonment of junk, such as scrap metal, glass or paper, or for
the dismantling, demolition or abandonment of any inoperable mechanical
equipment, machinery or vehicles or parts thereof.
Any commercial entity established for the purpose of selling,
boarding, breeding or grooming dogs and subject to licensing by the
State of New Jersey, or a political subdivision thereof.
A designated parcel, tract or area of land, established by
a plat, or otherwise as permitted by law, to be used, developed or
built upon as a unit. The fact that a parcel, tract or area is designated
as a separate lot on the Township tax map does not mean that it meets
the definition.
The area contained within the lot lines, but not including
any street right-of-way. Where the street right-of-way is not a matter
of record, it shall be assumed to be 50 feet in width.
A lot fronting on two or more streets at their intersection
or upon two parts of the same street, such street or parts of the
same street forming an interior angle of less than 135 degrees. The
greater frontage of a corner lot is its depth, the lesser frontage
its width.
The mean distance between the front and rear lot lines measured
in ten-foot intervals throughout its width parallel to a line connecting
the midpoints of the front and rear lot lines.[3]
An individual lot with less than a required lot width as
permitted for one-family residential use in the R-5, R-3 or R-2 Zones,
which lot and its subdivision are subject to the approval by the Planning
Board based on compatibility with the present and future development
of adjacent lands in which lot shall be subject to the following requirements:
[Amended 6-2-1997]
The entire lot, including the portion having
less than the required width, must be in the same ownership.
The lot must have sufficient frontage on the
street to permit the construction of a proper driveway connection
with the street, and in any event must have at least 45 feet of such
frontage. No part of the staff on any flag shall be less than 45 feet
wide. Each flag lot will have its own staff within which a driveway
can be constructed conforming to the requirements of Subsection 24-16.6
of this revision.
All flag lots shall have an area, exclusive
of the flag staff area, of at least two times the minimum lot area
for the zone in which such property is located.
The length of the front lot line measured at the street right-of-way
line.
A line of record bounding a lot.
The line along the street right-of-way.
The lot line opposite and most distant from the front lot
line and most parallel to the same.
Any lot line other than a front or rear lot line.
The distance between lot lines measured parallel to the street
right-of-way line, at the most forward allowable building line or
setback line.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq.
Any subdivision not classified as a minor subdivision.
A proposed development having not more than three lots, two
building lots plus remainder, fronting on an existing street or road,
and not involving any new street or the extension of any off-tract
improvement, the cost of which is to be prorated. A minor subdivision
shall not adversely affect the development of the remainder of the
parcel of adjoining property nor involve property having had any subdivision
filed or recorded within the previous thirty-six-month period.
A self-propelled vehicle, or means of transport, in or on
which something is carried or conveyed, or travels.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 of the Municipal Land Use Law prior to final
approval after specific elements of a development plan have been agreed
upon by the Planning Board and the applicant.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
See definition of "Public Drainageway" in Part 5, Zoning.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
The strip of land on which a street, path or municipal utility
is located, owned by or dedicated to the public.
Solid material, both mineral and organic, that is in suspension
and is being transported, or has been removed, from its site of origin
by air, water or gravity as a product of erosion.
That line that is the required minimum distance for the street
right-of-way line or any other lot line that establishes the area
within which the principal structure must be erected or placed.
Any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is:
An existing state, county or municipal roadway;
Shown upon a plat heretofore approved pursuant
to law;
Approved by official action, as provided in
Part 4, Subdivision of Land; or
Is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other area within the street lines.
ARTERIAL STREETSArterial streets are those which are used primarily for fast or heavy traffic. In Chester Township they are Route 206, Route 24 and Route 13, North Road.
COLLECTOR STREETSCollector streets are those which carry traffic from minor and subcollector streets to arterial or other collector streets.
SUBCOLLECTOR STREETSSubcollector streets are those which carry traffic from minor streets to collector streets. Subcollector streets include the principal entrance streets of a residential development and streets for circulation within such development, except dead-end streets.
MINOR STREETSMinor streets are those which are used primarily for access to the abutting properties.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
to be for agricultural purposes where all resulting parcels are five
acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
See the definition of "use" in Part 5, Zoning.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water.
Wetlands are lands transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water. For purposes of this classification,
wetlands must have one or more of the following three attributes:
An open space extending across the full width of the lot
measured from the street right-of-way line to the front setback line.
On corner lots, the minimum front yard shall be measured from both
streets.
An open space extending across the full width of the lot
measured from and parallel to the rear lot line to the rear setback
line.
An open space measured from and parallel to the side line
of the lot extending from the minimum front yard to the minimum rear
yard.
A person appointed by the Township to review applications
for construction permits for zoning compliance and to enforce Part
5, Zoning.
