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Township of Chester, NJ
Morris County
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Table of Contents
Table of Contents
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this Part 5 and meeting the requirements as set forth by the Schedule I appended hereto and constituting a part of this Part 5.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in the Schedule and this Part 5 for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this Part 5.
Every principal building shall be built upon a lot with frontage upon a public road, unless relief is granted by the Board of Adjustment or Planning Board under the provisions of N.J.S.A. 40:55D-36 or 40:55D-60.
[Amended 4-15-1997; 3-5-2002]
Not more than one principal building shall be allowed on a lot in any R-1, R-2, R-3, R-5 or R-10 Zone.
[Amended 9-3-2002]
A. 
An accessory building or structure attached to the principal building shall comply in all respects with the requirements of this Part 5 applicable to the principal building.
B. 
Freestanding accessory buildings shall be located a minimum distance of 10 feet from the principal building.
C. 
In the case of corner lots or lots having frontage on more than one street, no accessory building or structure shall be located in any portion of a yard having frontage on a street.
D. 
In the case of flag lots the location of accessory buildings or structures shall be regulated by § 113-316E.
[1]
Editor's Note: Former § 113-230, Accessory buildings on corner lots, was repealed 9-3-2002. See now § 113-229.
[Amended 9-3-2002]
The minimum required setback or yard for accessory buildings and structures shall be as specified in Schedule I, Schedule of Area, Yard and Building Requirements, and Schedule II, Schedule of Requirements for Conditional Uses in R-1, R-2, R-3, R-5 and R-10 Zones.Editor's Note: Said schedules are included at the end of this chapter.
Off-street parking space shall be provided as specified in this Part 5 and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced with an all-weather pavement or gravel and shall be adequately drained. Every use shall provide at least two parking spaces on the same lot as the use.[1]
[1]
Editor's Note: See Table No. 1, Off-Street Parking Requirements, included in § 113-325C.
Corner lots shall provide the minimum front yard requirements for the respective zone for each intersecting street and shall have the required lot width along one of the streets.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of this Part 5 shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
At the intersection or interception of two or more streets, no hedge, fence or wall higher than 3 1/2 feet above curb level nor any obstruction to vision, other than a post not exceeding one square foot in cross-section area, shall be permitted on any lot nearer than 25 feet from either street or property line not in the area forming a triangle when these points are connected.
A. 
Height limitations stipulated elsewhere in this Part 5 shall not apply to church spires, belfries, cupolas, domes and flagpoles.
B. 
Mechanical appurtenances, such as antennas, condensers, exhaust fans and similar equipment, are exempt from height limitations, provided that they do not exceed 10% of the roof area, do not extend more than 10 feet above the height limitation for the zone in which the building is located and that they are screened or shielded. Any such excepted feature or appurtenance shall be set back from any street or road and from any adjoining property line a distance not less than the height of said excepted feature or appurtenance. Such features or appurtenances shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
[Amended 11-17-1992 by Ord. No. 2:19E1-92; 1-17-1995 by Ord. No. 2:19I1-95]
Generally, any use not specifically permitted in that zone established by this Part 5 is specifically prohibited in that zone.
A. 
The following uses and activities, whether or not accessory to a permitted use, are specifically prohibited in any zone in the Township:
(1) 
Advertising signs.
(2) 
Airports and heliports.
(3) 
Auction markets and flea markets.
(4) 
Automobile wrecking yards, junkyards, or disassembly yards.
(5) 
Explosives storage, except in small arms ammunition or storage by special permit where explosives are to be used on premises.
(6) 
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal.
(7) 
Privately operated dumps.
(8) 
Seasonal cottages and bungalow colonies.
(9) 
Slaughtering, except as permitted by Article 36.
(10) 
Soil removal or soil deposit in excess of 600 cubic yards for use other than on the premises from which removed or deposited, except for all construction in accordance with a subdivision or site plan approved by the Planning Board or Zoning Board of Adjustment.
(11) 
Travel trailers.
(12) 
Trailer and mobile home parks and overnight or tourist cabins.
[Amended 6-2-1997]
(13) 
Auctions of personal property not owned by the owner or tenant of the premises where the auction is conducted. Each prohibited item sold shall be considered a separate offense.
[Added 7-7-1998]
B. 
Chubb Park. The uses and activities in this Subsection B of § 113-237 may be conducted in the municipal park known as "Chubb Park," provided that the Chester Township Park Advisory Committee gives its prior approval of the use and activities. No such use or activities may be located within a minimum distance of 200 feet of a residential building. The following may be permitted in Chubb Park as provided herein:
(1) 
Carousels, merry-go-rounds and similar type rides.
(2) 
Roller coasters.
(3) 
Open-air theaters and concerts.
(4) 
Ferris wheels.
(5) 
Train rides.
(6) 
Midways, sideshows, carnivals, fairs or similar commercial recreation uses and activities.
(7) 
Fireworks displays.
(8) 
Horse shows and other animal competitions or shows.
(9) 
Sports and athletic activities.
(10) 
Day camps.
(11) 
The parking of travel trailers and the erection of external lighting and sound systems in support of the activities listed.
(12) 
Turtle races.
C. 
Marijuana uses.
[Added 11-20-2018 by Ord. No. 2018-13]
(1) 
The following terms are hereby defined as follows:
GROWING MARIJUANA
The growth, cultivation, or conducting any farming activities relating to the production of marijuana.
MARIJUANA CULTIVATION FACILITY
An entity licensed to cultivate marijuana and sell marijuana to marijuana producers, to marijuana product manufacturing facilities, and to other marijuana cultivating facilities, but not to consumers.
MARIJUANA ESTABLISHMENT
A marijuana cultivation facility, a marijuana testing facility, and marijuana product manufacturing facility, or a marijuana retailer.
MARIJUANA PRODUCT MANUFACTURING FACILITY
An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana items; and sell items to other marijuana product manufacturing facilities and to marijuana retailers, but not to consumers.
MARIJUANA RETAILER
An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana items from marijuana product manufacturing facilities or marijuana wholesalers and to sell marijuana and marijuana products to consumers.
MARIJUANA TESTING FACILITY
An independent, third-party entity meeting accreditation requirements established by and licensed to analyze and certify the safety and potency of marijuana items.
MEDICAL MARIJUANA CENTER
An entity permitted by a state agency, including medical marijuana treatment centers and alternative treatment centers, to sell marijuana and marijuana products pursuant to the Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1 et seq.
(2) 
All of the above terms and definitions are hereby incorporated into the term "marijuana uses."
(3) 
Marijuana uses, as that term is defined herein and the sale of marijuana-related paraphernalia, are prohibited in all zones of the Township.
[Added 4-17-2007 by Ord. No. 2007-11]
A. 
No temporary storage container shall be placed within a yard of any residence so as to be visible from a street for more than seven consecutive calendar days without first obtaining a permit from the Township's Zoning Official for an extended period of use, not to exceed 30 consecutive calendar days, or as may be renewed for one additional period of up to 30 days. In no event shall a temporary storage container remain for more than 60 consecutive or cumulative days in consecutive years or in a calendar year.
B. 
Temporary storage containers used in connection with a valid construction permit issued by the Township may be placed so as to be visible from a street for a period of time beginning with the issuance of a construction permit and concluding with the issuance of the final certificate of occupancy.
C. 
Temporary storage containers as defined in § 113-214 of this chapter shall include, but not be limited to, the following:
(1) 
Tractor-trailer boxes.
(2) 
Shipping containers.
(3) 
Portable storage and moving containers.
(4) 
Contractor material and equipment containers.
(5) 
Dumpsters or refuse containers.
D. 
No temporary storage container shall be placed in any street, cartway or public road right-of-way.
E. 
Violations of the provisions of this section shall be subject to the penalties set forth in § 113-220 of this chapter.
Nothing in this Part 5 shall prohibit a driveway in a required yard area.
Every use shall conform to the standards specified in this Part 5.
All development in the Township shall be undertaken and prosecuted in such a way as to avoid to the greatest extent possible all marring or destruction of aesthetic or natural features such as vistas, hilltops, streams, ponds and natural drainagecourses. The Planning Board may impose particular requirements to protect such features in the case of any development involving an area where special treatment is necessary to protect any such feature.
A. 
Residential zones and properties. Commercial vehicles shall not be parked or stored on property in any residential zone at any time except as follows:
(1) 
Temporarily for work incidental to construction or repairs actively being performed on the premises.
(2) 
For the performance of farming or agricultural operations on the property involved, provided that such uses are permitted by this Part 5.
B. 
Nonresidential zones. Commercial vehicles and private vehicles may be parked or stored as follows:
(1) 
As set forth in Subsection A above.
(2) 
In parking areas or buildings as approved by the Planning Board or Zoning Board of Adjustment incident to site plan approval.
C. 
Exclusion. Nothing contained herein shall prohibit the parking of a single school bus on or about the property of an individual when such individual normally operates that vehicle to transport pupils to and from a school or other educational facility.
D. 
School buses. Buses used exclusively for the transportation of Chester Township and Borough students may be parked on the same property where a school building used for educational purposes is located.
[Added 2-17-2004; amended 11-3-2004]
[Amended 4-2-1991 by Ord. No. 2:19X-91]
A. 
The parking or storage of commercial vehicles not permitted by § 113-241 will be permitted as a conditional use in a residential zone, subject to Planning Board approval, which approval may be granted only if the Planning Board finds as follows:
(1) 
The storage or parking area is effectively enclosed or screened so that the vehicle is not visible from any public street or any adjacent property.
(2) 
The applicant demonstrates to the Planning Board's reasonable satisfaction that such parking or storage will not cause, or tend to cause, any substantial diminution in the value of other property in the immediate neighborhood.
(3) 
The applicant has given notice of his or her intention to seek conditional use approval from the Planning Board, which notice shall be given pursuant to the requirements of § 113-28.
B. 
The storage or parking of commercial earthmoving or excavating equipment and accessory equipment related thereto is not permitted in any residential zone, except as provided in § 113-241.
C. 
The storage or parking of one piece of earthmoving or excavating equipment used exclusively for personal use and not for any commercial use is permitted in a residential zone, provided that it is stored or parked in a manner so that it is enclosed or screened so that the equipment is not visible from any public street or any adjacent property.
[Added 12-17-2002]
A. 
Telecommunications facilities, including antennas, equipment and/or towers. The installation and operation of telecommunications antennas, equipment, and/or towers shall be a permitted use in all zoning districts in accordance with the requirements of this section.
B. 
Exemptions. Notwithstanding the foregoing, the installation of telecommunications antennas, equipment and/or towers used for the following purposes are hereby specifically exempted from the requirements of this section:
(1) 
Citizen-band operation.
(2) 
Amateur operation.
(3) 
Public safety operations, including but not limited to communications for the federal, county, state or municipal government.
C. 
Design standards for antennas, equipment, and/or towers.
(1) 
Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:
(a) 
Antenna arrays may be mounted on existing buildings or structures which are located on lots that comply with minimum bulk requirements of the zone district. Antenna arrays shall not extend beyond the overall height of any building or structure by more than 15 feet.
(b) 
An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of the antenna arrays of all providers utilizing the telecommunications facility. The equipment compound shall be enclosed within a solid wooden fence at least seven feet, but not more than eight feet, in height, as approved by the Township Engineer and shall include a locking security gate. If high voltage is necessary for the operation of equipment within the compound, signs must be posted every 20 feet stating "Danger-High Voltage." The operator must also post "No Trespassing" signs. No signage or other methods of providing messages or commercial statements may be attached, suspended or otherwise a part of the antenna or tower structure. Electrified fence, barbed or razor wire shall be prohibited.
(c) 
Accessory buildings are permitted if less than 500 square feet and 15 feet in height; however, accessory buildings are permitted only if the buildings are constructed for the sole and exclusive use and operation of the telecommunications facility and they are buffered and screened from public view to such an extent that they are not visible from the roadway or adjacent property lines. Such facilities may not include office, long-term vehicle storage, other outdoor storage or other uses that are not needed to send or receive wireless telecommunications transmissions. All accessory buildings shall be located in accordance with the setback requirements for a principal building, except that the front yard setback distance for such buildings shall be at least two times the requirement for principal buildings. The use of compatible materials such as wood, brick or stucco is required for all accessory buildings, which shall be designed to match architecturally the exterior of residential structures within the neighborhood. In no case will metal exteriors be allowed for accessory buildings.
(d) 
All telecommunications equipment shall be painted or otherwise colored to minimize the equipment visibility. Telecommunications equipment that is visible from ground level shall be colored to minimize its visibility against its background, i.e., a building, a structure, the sky or other natural background.
(2) 
Wireless telecommunications towers (excluding guyed towers), equipment and other structures in support of such tower, including but not limited to antennas, accessory electrical equipment, supporting masts and an equipment compound, may be erected within all zones. The telecommunications tower and/or structures shall, except as otherwise provided, adhere to the minimum standards of the zone and the additional standards set forth in this section. In connection with any application for a wireless telecommunications tower located outside the P Public Zone, written reports shall be prepared which shall address the following:
(a) 
An applicant to construct a wireless telecommunications tower shall present a written report with documentary evidence regarding the need for cellular antennas within the Township of Chester. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township.
(b) 
An applicant proposing to erect a new wireless telecommunications tower shall provide a written report with documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures. The Township reserves the right to engage, at the applicant's expense, a professional radio frequency engineer to review such documentation.
(c) 
In order to minimize tower proliferation, applicants will be required to show that they have exhausted all possible avenues for sharing space on existing towers or existing antenna locations. Applicants for the installation of a telecommunications tower or equipment are required to submit a map as part of their application showing the location of all cellular towers within the operating range of the Township and adjacent municipalities and to send a certified mail announcement to all other communications tower and equipment users and the property owners where such towers and equipment are located stating their siting needs and sharing capabilities. No application will be approved unless the applicant proposing the new equipment demonstrates that, despite reasonable efforts, it is not practicable to acquire the necessary rights or permission to install and operate its equipment at the location of the existing equipment on commercially reasonable terms or the site is otherwise not suitable due to construction or other site specific limitations. The applicant shall provide competent testimony and a written report by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).
(d) 
An applicant proposing to construct a wireless telecommunications tower must demonstrate to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available; the applicant may then erect a new telecommunications tower according to the following requirements:
[1] 
The requirements set forth in § 113-242.1C(1)(b), (c) and (d).
[2] 
Minimum lot size: five acres.
[3] 
Minimum lot width: 300 feet.
[4] 
Minimum lot depth: 300 feet.
[5] 
Minimum yard setback:
[a] 
Front: no part of any tower shall be closer than 200 feet or 2 1/2 times the highest point of the tower, including all attached appurtenances, whichever is greater.
[b] 
Side: no part of any tower shall be closer than 200 feet or 2 1/2 times the highest point of the tower, including all attached appurtenances, whichever is greater. Sideline setback shall be measured on a horizontal line, regardless of whether the widest portion of the tower is at ground level.
[c] 
Rear: no part of any tower shall be closer than 200 feet or 2 1/2 times the highest point of the tower, including all attached appurtenances, whichever is greater.
[6] 
Maximum height: 165 feet; provided, however, that towers or other communications equipment may be erected only to such height as is necessary to accomplish the purpose they are intended to serve.
[7] 
Maximum percent of impervious lot coverage: 2%.
[8] 
Installation of any tower, pole or communications device, including additional installations by the applicant or the collocation of equipment at the same site by additional users, requires site plan approval.
[9] 
Freestanding monopole structures are the preferred type of construction. However, a lattice-type tower may be required to support numerous antennas. Guyed towers are strictly prohibited. Climbing rungs on monopoles must start at a height of at least 25 feet above ground.
[10] 
Telecommunications towers are not considered a primary use and may be erected on or in conjunction with any other primary building or structure on the property.
[11] 
To the greatest extent possible, all construction on the lot should be designed and sited in such a manner as to be aesthetically and architecturally compatible with its environment in order to minimize visibility from surrounding public streets and adjacent properties. All freestanding equipment (i.e., not attached to an existing structure) shall be planted with a combination of evergreen trees and shrubs to reduce visibility from public streets or abutting residences.
[12] 
Where approval involves a freestanding structure owned or controlled by the applicant, approval of cellular telecommunications equipment shall be conditioned upon the agreement of the applicant to cooperate with other wireless telecommunications services providers in permitting collocation of antennas on such structure on commercially reasonable terms unless there are structural, mechanical, regulatory or other limitations which make it unfeasible to accommodate the proposed facility or the proposed facility would interfere with the wireless communications of one or more existing occupants at the site, including the applicant. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.
[13] 
The applicant shall furnish a written report, prepared by a reputable individual or firm with expertise in the area of radiation emissions, setting forth its opinion that, upon installation of the equipment and commencement of operations, aggregate radiation emissions from all equipment located at the site will not exceed New Jersey Department of Environmental Protection standards or the standards of any other law or regulation governing the same. The written report shall indicate the factual basis for such opinion.
[14] 
Immediately following installation and the commencement of operations of the equipment, the applicant shall furnish a written report showing test results of aggregate radiation emissions from all equipment located at the site.
[15] 
The applicant shall be required to file with the Township copies of any and all reports or other documentation filed by the applicant at any time with the Federal Communications Commission in connection with operations at the site.
[16] 
The applicant shall be required to provide documentation evidencing that any proposed communications tower has been reviewed and has been determined not to be a hazard by the Federal Aviation Administration (FAA). When lighting is required by the FAA or other state or federal authority, it shall be oriented inward so as to not project onto surrounding properties. Spot or flood lighting shall not be permitted in and around the tower and accessory buildings. All building and parking lighting shall be shielded utilizing downward-facing fixtures in accordance with ordinance standards.
[17] 
Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall provide a written description of the anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise or safety impacts of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street.
[18] 
Parking for at least one vehicle shall be provided with gravel or paved surface adjacent to any equipment building at all tower locations.
[19] 
Any new or modified tower must be certified by a professional engineer to be in accordance with structural standards for antennas promulgated by either the Electronic Industries Association or the Telecommunication Industry Association.
[20] 
Periodic inspections of communications towers are required to ensure structural integrity.
[a] 
Such inspections will be required as follows:
[i] 
Monopole towers: at least once every 10 years or earlier, upon request of the Township Engineer; and
[ii] 
Self-support towers: at least once every five years.
[b] 
Inspections shall be conducted by an engineer licensed by the State of New Jersey, and the results of the inspection shall be provided to the Township Engineer. Based upon the results of an inspection, the Township may require repair or removal of a telecommunications tower.
[21] 
If a tower is unused for a period of six months, the owner of the tower will be required to remove such tower and any accessory buildings or structures and to restore the property to its original condition.
[22] 
The equipment shall at all times be operated in accordance with applicable industry standards.
[23] 
The applicant shall maintain insurance as required by the municipality.
D. 
No wireless telecommunications tower shall be erected within 900 feet of any of the following:
[Amended 5-20-2008 by Ord. No. 2008-6]
(1) 
Any residence not located on the subject property.
(2) 
Libraries, senior citizen centers, public and private schools and houses of worship.
(3) 
Any residential building lot for which final subdivision approval has been received.
E. 
No wireless telecommunications tower shall be erected within 2,500 feet of any historic district or any historic site listed, or designated as eligible for listing, on the National and/or State Register of Historic Places.
F. 
An application for a telecommunications facility located outside the P Public Zone shall be accompanied by a site plan prepared in accordance with Chapter 113, Land Use, from the Code of Chester Township. Site plan application fees and escrow requirements for wireless telecommunications facilities shall be in accordance with the Chester Township Fee Ordinance. Site plan approval shall not be required for new uses on governmentally owned land located in the P Public Zone but shall be subject to review of the Township professionals and approval of Township Council.
G. 
The design standards and criteria established in this section shall apply to all existing and proposed wireless telecommunications facilities within Chester Township.
H. 
An applicant for a telecommunications tower located outside the P Public Zone shall provide 20 copies of all maps and written reports as required by Article 35, § 113-242.1C(2)(a), (b), (c), and (d)[13] and [17].
[1]
Editor's Note: Former § 113-242.1, Conditional use; telecommunications facilities, added 6-2-1997, as amended 10-3-2000, was repealed 2-6-2001.
[Added 1-18-2005]
A. 
Statement of findings. The Township Council finds that:
(1) 
The groundwater underlying the Township is a major source of existing and future water supplies, including drinking water. The groundwater underlying the Township lies within the Northwest New Jersey 15 Basin Aquifer Systems, designated as a "sole source" aquifer under Section 1424(e) of the federal Safe Drinking Water Act of 1974.
(2) 
The groundwater aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams, which also constitute a major source of water for drinking, commercial and industrial needs.
(3) 
Accidental spills and discharges of toxic and hazardous materials may threaten the quality of these groundwater supplies and related water sources.
(4) 
Contaminated water from any source is a detriment to the health, welfare and safety of the residents of the Township and other users of these water resources.
(5) 
Spills or discharges of hazardous substances or hazardous wastes may contaminate or pollute water. As a preventive measure, the proximity of stored materials to sources of water supplies, such as all public community wells and noncommunity wells that serve schools, should be restricted so that there will be sufficient time to find and clean up such spills or discharges before water supplies become contaminated.
B. 
Purpose. The purpose of this § 113-242.2 is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the Township to ensure a supply of safe and healthful drinking water for present and future generations of local residents, employees and the general public in the Township, as well as users of these water supplies outside the Township. Areas of land surrounding each public community well and noncommunity well that serves a school, known as wellhead protection areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for groundwater contamination can be reduced. The purpose of the regulations contained in this § 113-242.2 is to prevent the migration of potential pollutants from areas within a WHPA into groundwater that is withdrawn from a public community well or school well.
C. 
Definitions. Certain words, phrases, and terms in this section are defined for the purpose thereof as follows:
ADMINISTRATIVE AUTHORITY
The Planning Board or Board of Adjustment and the Board of Health, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
Person applying to the Board of Health, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this § 113-242.2, and that would be located within a regulated wellhead protection area.
AQUIFER
Any subsurface water-saturated zone which is significantly permeable so that it may yield sufficient quantities of water from wells or springs in order to serve as a practical source of potable water supply.
BEST MANAGEMENT PRACTICES (BMP)
These are performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
CONTAMINATION
Sewage, industrial wastes, organisms of the coliform group, water-borne pathogens, or harmful or objectionable material in potable water. The term "contaminated" shall be used accordingly.
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 other structure, or of any mine, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DISCHARGE
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.
GROUNDWATER
The portion of water beneath the land surface that is within the saturated zone in which all the subsurface voids in the rock and soil are filled with water.
HAZARDOUS SUBSTANCE
Any substance designated under 42 U.S.C. § 9601 et seq. (CERCLA) or 40 C.F.R. 116 et seq., or the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
MAXIMUM CONTAMINANT LEVEL
The maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which state primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition.
NJDEP
New Jersey Department of Environmental Protection.
PERSON
Any individual, corporation, company, firm, association, joint-stock company, partnership, consortium, joint venture, commercial or any other legal entity, municipality, state agency or federal agency.
POLLUTED WATER
In the content of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.
POLLUTANT SOURCE (PS)
Activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this section, "pollutant sources" are defined in Subsection F.
PS
Pollutant source.
PUBLIC COMMUNITY WATER SYSTEM
A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
PUBLIC NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community water system and is either a "public nontransient noncommunity water system" or a "public transient noncommunity water system" as defined in this section.
PUBLIC NONTRANSIENT NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community water system and that regularly serves at least 25 of the same persons for more than six months in any given calendar year.
PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM
A public water system that is not a public community or public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.
SOLE SOURCE AQUIFER
An aquifer that contributes to more than 50% of the drinking water to a specific area and the water would be impossible to replace if the aquifer were contaminated. Sole source aquifers are defined with guidelines set forth by the U.S. Environmental Protection Agency (EPA) as authorized in Section 1424(e) of the Safe Drinking Water act of 1974.
TIME OF TRAVEL (TOT)
An assessment of the speed with which water moves from the land surface to a pumping well.
TIER 1 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection D).
TIER 2 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection D).
TIER 3 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection D).
WELLHEAD
The well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WHPA)
A delineation described in plan view of the horizontal extent of groundwater captured by a well pumping at a specific rate which flows to the well within a certain time period. Each groundwater WHPA in Chester Township contains three tiers, labeled Tier 1, Tier 2, and Tier 3. Tier 1 is a two-year time of travel; Tier 2 is a five-year time of travel; and Tier 3 is a twelve-year time of travel.
WHPA
Wellhead protection area.
D. 
Establishment of wellhead protection areas and maps.
(1) 
Wellhead protection area maps:
(a) 
The delineations of wellhead protection areas for public community wells, which were published by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection, are incorporated herein and made a part of this § 113-242.2. They are designated as follows: New Jersey Wellhead Protection Areas, Edition 2, Geospatial Data Presentation, New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description of these data and the terms and conditions of the use of these data may be found at http://www.state.nj.us/dep/njgs/whpaguide.pdf and http://www.state.nj. us/dep/njgs/geodata/dgs97-l.htm. A map of the wellhead protection areas located within the Township of Chester is included as part of this § 113-242.2. Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the offices of the Township Clerk and of the Board of Health of the Township of Chester.
(b) 
Delineation of the WHPA for public community wells were obtained from the following report: Wellhead Protection Area Delineation For K. Hovnanian's Four Seasons at Chester Water Supply System, Chester Township, Morris County, New Jersey, prepared by Thomas E. Dwyer, P.G., dated April 1999 (Figure 4).
(c) 
The delineations of wellhead protection areas for public noncommunity wells were obtained from New Jersey Geological Survey. The delineations were not published for general public use as of the adoption date of this section.
(d) 
Wellhead protection areas, as shown on the maps described in Subsection D, shall be considered to be superimposed over any other established zoning district. Land in a wellhead protection area may be used for any purpose permitted in the underlying district, subject to additional restriction set forth in this § 113-242.2.
(2) 
Assignment of restriction within wellhead protection areas. Properties located wholly or partially within a wellhead protection area shall be governed by the restrictions applicable to the wellhead protection area.
E. 
Regulation of wellhead protection areas for public community wells and public noncommunity wells serving schools.
(1) 
The administrative authority for administering the provisions of this § 113-242.2 shall be the Planning Board, Board of Adjustment or the Board of Health of the Township of Chester.
(2) 
Any applicant for a permit requesting a change in land use or activity which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Township of Chester and which is located within a delineated WHPA, as defined in Subsection D, that involves a pollutant source (PS), as defined in Subsection F, shall comply with the requirements of this § 113-242.2.
(3) 
Any applicant for a permit requesting a change in land use or activity which is subject to the requirements of this § 113-242.2 shall file an operations and contingency plan, as required by Subsection H, with the administrative authority. No permit that allows a change in land use or activity which is subject to the requirements of this § 113-242.2 shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Township Clerk and shall be available to the public for inspection.
(4) 
Any change in land use or activity that introduces a major or minor pollutant source (PS), as defined in Subsection F, shall be prohibited within a Tier 1 WHPA.
(5) 
Any change in land use or activity that introduces a major PS, as defined in Subsection F, shall be prohibited within a Tier 2 WHPA.
(6) 
Any change in land use or activity that involves any PS, as defined in Subsection F, within any WHPA, that is not prohibited pursuant to Subsection E(4) or E(5), shall comply with the best management practice standards, as defined in Subsection G.
(7) 
This § 113-242.2 is supplementary to other laws and ordinances in the Township. Where this § 113-242.2 or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this § 113-242.2 shall supersede. These rules and regulations shall in no way affect the limitations or requirement applicable in the underlying zoning districts of the Township of Chester.
(8) 
Groundwater sources of supply shall further be protected as follows:
(a) 
Sanitary sewer lines, industrial waste lines and stormwater lines may be located no closer than 50 feet to a regulated well. Any such line within 100 feet of a regulated well shall be of completely watertight construction (i.e., steel, reinforced concrete, cast iron, PVC or other suitable material).
(b) 
Manholes and/or connections to a sanitary sewer system are prohibited within 100 feet of a regulated well.
(c) 
Septic tanks, distribution boxes and dry wells are prohibited within 50 feet of a regulated well.
(d) 
Sewage disposal fields, sewage seepage pits and cesspools are prohibited within 100 feet of a regulated well.
(9) 
Exemptions. Land uses or activities in existence on or before the effective date of this section shall not be subject to any regulations of § 113-242.2. This exemption shall not apply to any applicant for a change of land use or activity pursuant to § 113-242.2.E.
F. 
Pollutant sources listed. The following are major and minor pollutant sources (PS) subject to the requirements of this § 113-242.2. The listing of major and minor PS is consistent with the New Jersey Safe Drinking Water Act Regulations, N.J.A.C. 7:10 et seq.
(1) 
Major pollutant source means any wastewater treatment plant discharge, any documented groundwater contamination, any liquid chemical or fuel storage facility with capacity greater than 2,000 gallons, any industrial treatment lagoon, any automotive service station, any landfill (open, closed or inactive), any industrial facility (including dry cleaning facilities), any salt storage facility with storage of more than 12 cubic yards of salt, any highway maintenance yard, any truck and/or bus maintenance yard, any underground fuel and chemical storage tank with a capacity of 2,000 gallons or more, any body of surface water containing salt or brackish water, any quarrying and/or mining facility, any asphalt and concrete manufacturing facility.
(2) 
Minor pollutant source means any liquid chemical or fuel storage tank with capacity less than 2,000 gallons, any stormwater detention or retention basin, any sanitary sewer line, any sanitary sewer manhole, any sanitary sewer pump station, any sewage treatment facility, and any facility to which NJDEP has issued a discharge permit pursuant to N.J.A.C. 7:14A, New Jersey Pollutant Discharge Elimination System rules.
(3) 
A minor pollutant source shall not include any of the following, provided secondary containment of sufficient volume to prevent a spill or leak from escaping the containment is provided for any storage tank:
(a) 
Aboveground farm or residential tanks of 600 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(b) 
Aboveground farm tanks of 600 gallons or less capacity used for storing motor fuel for commercial purposes;
(c) 
Aboveground tanks used to store heating oil for on-site consumption in a nonresidential building, with a capacity of 600 gallons or less;
(d) 
Aboveground tanks with a capacity of 600 gallons or less used to store heating oil for on-site consumption in a residential building;
(e) 
Septic tanks installed in compliance with regulations adopted by the Department pursuant to "The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954, c. 199 (N.J.S.A. 58:11-23 et seq.);
(f) 
Pipelines, including gathering lines, regulated under the "Natural Gas Pipeline Safety Act of 1968," Pub.L. 90-481 (49 U.S.C. § 1671 et seq.), the "Hazardous Liquid Pipeline Safety Act of 1979," Pub.L. 96-129 (49 U.S.C. § 2001 et seq.), or intrastate pipelines regulated under state law;
(g) 
Surface impoundments, pits, ponds, or lagoons, operated in compliance with regulations adopted by the Department pursuant to the "Water Pollution Control Act," P.L.1977, c. 74 (N.J.S.A. 58:10A-1 et seq.);
(h) 
Stormwater or wastewater collection systems operated in compliance with regulations adopted by the Department pursuant to the "Water Pollution Control Act;"
(i) 
Tanks situated in an underground area, including but not limited to basements and cellars, if the storage tank is situated upon or above the surface of the floor; and
(j) 
Any pipes, lines, fixtures, or other equipment connected to any tank exempted from the provisions of this Act pursuant to paragraphs (a) through (i) of this subsection.
G. 
Best management practice performance standard. Any applicant proposing any change in land use or activity that involves any PS, as defined in Subsection F, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following best management practices:
(1) 
All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the groundwater or surface waters.
(2) 
Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.
(3) 
Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures which may include but not be limited to:
(a) 
Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances for the duration of a spill event.
(b) 
Curbing.
(c) 
Gutters, culverts and other drainage systems.
(d) 
Weirs, booms and other barriers.
(e) 
Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.
(f) 
Drip pans.
(4) 
Secondary containment and/or diversionary systems, structure or equipment must meet the following standards:
(a) 
The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.
(b) 
The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area, plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.
(c) 
In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.
(d) 
No manufacturing area, processing area, transfer area, dike storage area, or other storage area, or secondary containment/diversion system appurtenant thereto shall drain into a watercourse, or into a ditch, sewer pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP-approved industrial wastewater treatment or pretreatment facility, or other NJDEP-approved facility.
(e) 
Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.
(5) 
Stormwater shall be managed so as to prevent contamination of groundwater and so as to be in accordance with applicable laws and regulations of the State of New Jersey and of the Township of Chester.
H. 
Operations and contingency plan.
(1) 
Any applicant proposing any change in land use or activity that involves any PS, as defined in Subsection F, that would be located either wholly or partially within any WHPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(a) 
Types of PS proposed for the site;
(b) 
Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site, other than those volumes and types associated with normal household uses;
(c) 
Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;
(d) 
Means to be used to contain or remediate accidental spillage of such materials;
(e) 
Means to notify administrative authority about any accidental spillage of such materials;
(f) 
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in Subsection G, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination;
(g) 
Description of proposed use: type of use or activity; commercial (trades and services); industrial (manufacturing and processing); product produced, Standard Industrial Code (S.I.C.), if applicable;
(h) 
Description of the types of wastes generated and method of disposal, including solid wastes, hazardous wastes, sewage and nonsewage wastewater discharges;
(i) 
Location of all regulated wells within 200 feet of the property line;
(j) 
Description of the risks associated with the use, handling, and/or disposal of hazardous wastes;
(k) 
Description of plans to detect and control hazardous material leaks and spills and plans for inspections and monitoring, emergency notification and emergency containment and cleanup procedures;
(l) 
Description of best available technologies to safely store and handle any hazardous wastes and to detect releases of any hazard materials;
(2) 
The administrative authority shall review and shall approve or reject any operations and contingency plan prior to approving or denying the application for a land use change or activity.
(3) 
Any operations and contingency plan submitted shall be available for public review and comment.
(4) 
Nothing in this subsection shall relieve an applicant from the requirements of Article 14, Environmental Impact Statement, where applicable. Any waiver that may be granted by the approving authority from the requirements of § 113-106 shall not include any waiver of the requirements of § 113-242.2H.
I. 
Exemptions. The following uses or activities are exempted from the requirements of § 113-242.2E:
(1) 
Retail sales establishments that store and handle hazardous materials for resale in their original unopened containers.
(2) 
County and state government facilities.
(3) 
The use of any hazardous materials solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.
(4) 
The transportation of a hazardous material through any part of a delineated WHPA, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such hazardous material.
J. 
Enforcement. A prompt investigation shall be made by the appropriate personnel of the Township of Chester of any person or entity believed to be in violation of this § 113-242.2. If, upon inspection, a condition which is in violation of this § 113-242.2 is discovered, a civil action may be commenced in a court of competent jurisdiction seeking the recovery of penalties or injunctive relief, or both, by the filing and serving of appropriate process. Nothing in this § 113-242.2 shall be construed to preclude the Township's right, pursuant to any applicable statute, to initiate legal proceedings under this § 113-242.2 in Municipal Court. The violation of any section or subsection of this § 113-242.2 shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this § 113-242.2. Each day a violation continues shall be considered a separate offense.
K. 
Any person or entity who or which violates any provision of this section shall, upon conviction thereof, be punishable by one or more of the following: a) a fine of not less than $100 and not more than $1,250; b) imprisonment for a period of not more than 90 days; and c) a period of community service not to exceed 90 days.
L. 
Restoration. In case of an accidental spill or discharge in violation of this § 113-242.2, the person or entity responsible for the remediation and/or removal of such condition shall, at its own cost and expense, and in a manner consistent with all applicable state, county, municipal or federal laws, restore the quality of the affected groundwater to meet all safe drinking water standards.
M. 
Severability. If any section, sentence or part of this § 113-242.2 is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this section.
N. 
Nothing contained in § 113-242.2 shall prohibit any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law N.J.S.A 40:55D-1 et seq. (MLUL), from requesting a variance for any regulation contained in § 113-242.2 pursuant to MLUL 40:55D-70c or d.
[1]
Editor's Note: Former § 113-242.3, Planning Area regulations, added 5-17-2005, was repealed 12-17-2013 by Ord. No. 2013-11. See now Part 11, Highlands Regional Master Plan Conformance. See also Ch. 106, Highlands Area Exemptions.
[Added 4-17-2007 by Ord. No. 2007-9]
A. 
In connection with the alteration, reconstruction, extension or structural change (collectively "alteration") to a building, the building shall be considered as new construction when one or more of the following conditions occur or are proposed:
(1) 
In any consecutive thirty-six-month period, 50% or more of the floor area of the existing building is removed, or additions containing more than 50% of the floor area of the existing building are attached thereto; or
(2) 
The building is uninhabitable for more than 30 days in succession as a result of an alteration; or
(3) 
There is a change in use of the existing building.
B. 
When a building is determined to be new construction as herein described, the land that is occupied by the building or the building shall not be reused, rebuilt or reoccupied except in conformity with the applicable land use and Board of Health regulations of the Township of Chester for new construction.