[Amended 6-7-2012 by Ord. No. 2012-5]
Whenever a term is used in this chapter which
is defined in P.L. 1975, c. 291, such term is intended to have the
meaning set forth in the definition of such term found in said statute,
unless a contrary intention is clearly expressed from the context
of this chapter. The provisions of the definitions sections of P.L.
1975, c. 291 (N.J.S.A. 40:55D-3 through 40:55D-7, inclusive), are
incorporated by reference thereto.
[Amended 11-10-1988 by Ord. No. 88-10; 3-9-1989 by Ord. No.
89-3; 3-12-1998 by Ord. No. 98-1; 11-8-2018 by Ord. No. 2018-8]
The following terms utilized in this chapter
are used as defined in the New Jersey Pinelands Comprehensive Management
Plan, adopted by the New Jersey Pinelands Commission, pursuant to
Section 7 of the Pinelands Protection Act (N.J.S.A. 13:18A-1 to 13:18A-29),
as amended: agricultural commercial establishment; animals, threatened
or endangered; camper; campsite; certificate of appropriateness; certificate
of conformity; certificate of filing; commission; construction; dwelling,
dwelling unit; electric distribution lines; electric transmission
line; family; fire hazard; fish and wildlife management; forestry;
habitat; height of building; high-intensity recreational facility;
historic, Archaeological and Cultural Preservation Board; historic
resource; hydrophytes; impermeable surface; institutional use; land;
landfill; landscaping; local communications facility; low-income household;
low-intensity recreational facility; mobile home; moderate-income
household; middle-income household; parcel; Pinelands Area; Pinelands
Protection Act; plants, threatened or endangered; protection area;
record tree; resource extraction; sign; solar energy facility; structural
alteration; submerged lands; seasonal high water table; utility distribution
line; vegetation; wetlands; and wetlands soils.
[Amended 8-8-1985 by Ord. No. 85-7]
For the purpose of clarity and use, certain
words or terms used in this chapter are to be interpreted as defined
below:
A use of building subordinate to the principal use or building,
serving a purpose incidental to the main use of building on the same
lot and detached from the main building.
[Amended 3-12-1998 by Ord. No. 98-1]
For the purpose of certifying an application as complete
or incomplete, the applicable reviewing board shall be the Administrative
Officer.
[Added 3-12-1998 by Ord. No. 98-1; 6-7-2012 by Ord. No.
2012-5]
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, other periodicals, films
and other viewing materials which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specified sexual activities, sexual conduct, or specified anatomical
areas, or an establishment with a segment or section of the premises
devoted to the sale, rental, or display of such material.
[Added 12-13-1984 by Ord. No. 84-3]
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matters depicting, describing,
or relating to specified sexual activities, sexual conduct, or specified
anatomical areas for observation by patrons therein.
[Added 12-13-1984 by Ord. No. 84-3]
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on surrounding properties, including but not limited to
inadequate drainage facilities, inadequate public utilities, unsuitable
street grades, street locations that fail to compose a convenient
system, failure to provide or make future allowances for access to
the interior portion of adjoining lots or for other facilities required
by this chapter.
[Added 3-12-1998 by Ord. No. 98-1]
Any change in supporting members of a building or additions
to a structure requiring installation or removal of walls, foundations,
columns, beams, girders, posts or piers or the moving of a structure.
[Added 3-12-1998 by Ord. No. 98-1]
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 3-13-2003 by Ord. No. 2003-1;
amended 11-8-2018 by Ord. No. 2018-8]
A facility licensed by the New Jersey Department of Health
and Senior Services pursuant to N.J.A.C. 8:36-1 et seq., which is
designed and operated to provide apartment style housing and congregate
dining while assuring that a coordinated array of supportive personal
and health services are available, as needed, to four or more adult
persons unrelated to the proprietor. Each unit in an assisted living
facility shall offer, at minimum, one unfurnished room, a private
bathroom, a kitchenette and a lockable door on the unit entrance.
[Added 3-12-1998 by Ord. No. 98-1; amended 4-12-2001 by Ord. No.
2001-1]
The portion of the building that has more than 1/2 of its
interior height measured from floor to finished ceiling below the
average finished grade of the ground adjoining the building.
[Added 3-12-1998 by Ord. No. 98-1]
The length of one side of the street between two street intersections.
[Added 3-12-1998 by Ord. No. 98-1]
The area occupied by all buildings on a lot measured on a
horizontal plane and including the area under the roof of any structure
as measured around the extremes of the roof.
[Added 3-12-1998 by Ord. No. 98-1]
The vertical distance from the guard of the highest roof
beams of a flat roof, or the mean level of the highest gable or slope
of a hip roof, to the finished grade adjacent to the building.
[Added 3-12-1998 by Ord. No. 98-1]
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In case of a cantilevered
or projected section of a building, the vertical projection will coincide
with the surface nearest the lot line. A building line shall not be
closer to the street line than the required front yard depth.
[Added 3-12-1998 by Ord. No. 98-1]
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the edges of the paved
or graded width.
[Added 3-12-1998 by Ord. No. 98-1]
A document issued by the Planning Board pursuant to § 285-66 of this chapter detailing the treatment which will be required in order to protect, to the extent possible, the significant historical characteristics of a resource that has either been designated in accordance with § 285-66 or determined to be eligible for designation in accordance with § 285-66D.
[Added 3-12-1998 by Ord. No. 98-1]
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
[Added 3-12-1998 by Ord. No. 98-1]
Land and/or water, together with improvements, designed and
intended for ownership, use and responsibility by the tenants and/or
owners of the dwelling units in the development.
[Added 3-12-1998 by Ord. No. 98-1]
Any community residential facility licensed pursuant to P.L.
1977, c. 446 (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, half-way 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 a 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.
A 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 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.
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Added 3-11-1993 by Ord. No. 93-1; amended 8-5-1993 by Ord. No.
93-4]
Platforms of wood construction open to the sky.
[Added 3-12-1998 by Ord. No. 98-1]
Only the Borough Council can bind the community to the acceptance
of improvements with the resulting future expenditure of lands for
their maintenance. All improvements for which acceptance of a dedication
is sought shall be referred to the Borough Council for its action
by resolution.
[Added 3-12-1998 by Ord. No. 98-1]
A number expressing dwelling units per acre.
[Added 3-12-1998 by Ord. No. 98-1]
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or
material change in the external appearance of a structure or land;
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, office or dwelling units in a structure or on land;
Commencement of resource extraction, drilling,
or excavation on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
[Added 11-10-1988 by Ord. No. 88-10]
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
In connection with the use of land, the making
of any material change in noise levels, thermal conditions, or emissions
of waste material; and
Alteration, either physically or chemically,
of a shore, bank, or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism or other conditions
found by the Commission of Human Services to give rise to an extended
need for similar services.
A document signed by the Construction Code Official which:
Is required by ordinance as a condition prior
to the commencement of a use or any development, including the erection,
construction, reconstruction, alteration, conversion, or installation
of a structure or building; and
Acknowledges that such development complies
with the provisions of this chapter or a variance therefrom, duly
authorized by a municipal agency.
A room or a group of rooms intended for the occupancy of
one family living as an independent unit, doing its own cooking, sharing
common facilities with other primary uses located on the same lot.
[Added 3-12-1998 by Ord. No. 98-1]
Two dwelling units, each on separate lots and sharing a common
wall.
[Added 3-12-1998 by Ord. No. 98-1]
One dwelling unit in a line of at least three dwelling units,
in which each unit has its own front and rear yard access, no unit
is located over another unit, each unit is separated from others by
a fire wall and each unit has its own independent utilities.
[Added 3-12-1998 by Ord. No. 98-1]
A detached building designed for or occupied exclusively
by one family on a separate lot with yard areas on all sides.
[Added 3-12-1998 by Ord. No. 98-1]
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, public, a corporation,
or particular persons for specific uses.
[Added 3-12-1998 by Ord. No. 98-1]
The erection, construction, alteration or maintenance by
public utilities or telephone or Borough or other governmental agencies
of underground or overhead gas, electric, steam, water or sewerage
transmission or distribution systems, including buildings, poles,
wires, mains, drains, sewers, pipes, conduits, cables, company fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment and accessories in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities,
telephone companies or municipal or other government agencies for
the public health or safety or general welfare.
[Added 3-12-1998 by Ord. No. 98-1]
A barrier which permanently or temporarily prohibits or inhibits
unrestricted travel between properties or between the street or right-of-way
and a property.
[Added 3-12-1998 by Ord. No. 98-1]
That portion of the flood hazard area outside of the floodway.
[Added 3-12-1998 by Ord. No. 98-1]
Land in the floodplain subject to a one-percent or greater
chance of flood in any given year.
[Amended 3-12-1998 by Ord. No. 98-1]
The generally flat terrain subject to periodic flooding adjacent
to streams, ponds, lakes, or swamps.
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream. This shall constitute
the portions of the floodplain needed for the passage of the floodway
design flood without an appreciable rise in the water surface profile.
The ratio of gross floor area to the area of the lot or tract.
[Added 3-12-1998 by Ord. No. 98-1]
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Added 11-10-2011 by Ord. No. 2011-7]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A building or space accessory to a residence that provides
for the storage of motor vehicles and in which no occupation, business
or service for profit is carried on.
[Added 3-12-1998 by Ord. No. 98-1]
A building or part thereof, other than a private garage,
used for the storage of motor vehicles for profit, which may include
the sale of fuels or accessories or keeping of vehicles for hire as
a secondary use.
[Added 3-12-1998 by Ord. No. 98-1]
The completed surfaces of lawns, walks and roads brought
to grades as shown on approved plans.
[Added 3-12-1998 by Ord. No. 98-1]
As defined in the Uniform Construction Code Building Subcode.
[Added 3-12-1998 by Ord. No. 98-1]
Any occupation carried on as a subordinate use to the primary
residential use by a member of the family residing on the premises
of a residential lot and shall have no more than two employees, other
than the household residents.
[Added 3-12-1998 by Ord. No. 98-1[1]]
An incorporated nonprofit organization operating in a development
under recorded land agreements through which each lot owner shall
be a member and each dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the Borough, and each owner and tenant has a right to use the common
property.
[Added 3-12-1998 by Ord. No. 98-1]
The office, studio or occupational room of a licensed physician,
surgeon, dentist, architect, licensed professional engineer or attorney
engaged in direct personal services performed solely by a member of
the family residing in the dwelling upon the residential lot.
[Added 3-12-1998 by Ord. No. 98-1]
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency, except that up to 3% of the total units may be provided
for the sole use of resident employees.
[Added 3-12-1998 by Ord. No. 98-1]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in urban areas by
the United States Department of Agriculture, Natural Resources Conservation
Service, Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools
Models/WinTr55.html or at Natural Resources Conservation Service,
220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying
degrees of permeability.
[Added 11-10-2011 by Ord. No. 2011-7]
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
[Added 11-10-1988 by Ord. No. 88-10]
Any secondhand, discarded or unused waste material of any
type, including but not limited to iron, metal, glass, paper, rags,
cloths, machines, more than two unregistered motor vehicles incapable
of normal operation, used parts or accessories of motor vehicles which
bulk constitute two motor vehicles and all other materials commonly
or generally known as "junk" in the ordinary meaning of the word.
[Added 3-12-1998 by Ord. No. 98-1]
Any land or parcels thereof on which junk is collected, placed
or stored other than within a closed and roofed building for any purposes
whatsoever, including the storage of more than two unregistered motor
vehicles incapable of normal operation. Secondhand equipment and machinery
purchased solely for the purpose of restoring the same to its original
condition for resale and stored out of doors in accordance with an
approved development application shall not be deemed to constitute
a junkyard.
[Added 3-12-1998 by Ord. No. 98-1]
Any individual, corporation, association, trust or any other
legal entity having legal title to the land. The holder of an option,
contract to purchase or other enforceable proprietary interest in
such land may file an application for the purposes of this chapter.
[Added 3-12-1998 by Ord. No. 98-1]
An improved off-street berth on the same lot with a building
or group of buildings for the temporary parking of a vehicle while
loading or unloading and not conflicting with or occupying space designated
for parking or maintenance of on-site circulation patterns.
[Added 3-12-1998 by Ord. No. 98-1]
A parcel or area of land, the dimensions, location and extent
of which are determined by the latest official records or by the latest
approved map of a subdivision of which the lot is a part.
A lot at the junction of two or more intersecting streets
where the interior angle of the intersection does not exceed 135°.
[Added 3-12-1998 by Ord. No. 98-1]
The area of a lot covered by an impervious surface, such
as a roof or paving.
[Added 3-12-1998 by Ord. No. 98-1]
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.
[Added 3-12-1998 by Ord. No. 98-1]
The horizontal distance between the side lot lines measured
along the street right-of-way 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 minimum distance between
the side lot lines measured at the street line shall not be less than
75% of the required minimum lot width. In the case of a corner lot,
either side may be considered the lot frontage.
[Added 3-12-1998 by Ord. No. 98-1]
Any line forming a portion of the exterior boundary of a
lot. The lot line is the same line as the street line for the portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
[Added 3-12-1998 by Ord. No. 98-1]
The horizontal distance between side lot lines measured at
setback points on each side lot line an equal distance back from the
street line. The minimum lot width shall be measured at the minimum
required building setback line.
[Added 3-12-1998 by Ord. No. 98-1]
Any security acceptable to the governing body to assure the
maintenance of duly approved improvements installed by the developer
after the final inspection of the improvements and in accordance with
this chapter.
[Added 3-12-1998 by Ord. No. 98-1]
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing,
or disturbance of an area in excess of 5,000 square feet.
[Added 11-10-1988 by Ord. No. 88-10]
The average of the ground level measurements computed at
the four extreme corner points of any proposed or existing building.
[Added 3-12-1998 by Ord. No. 98-1]
Mental disease to such an extent that a person so afflicted
requires care and treatment for his own welfare, or the welfare of
others, or of the community.
A person afflicted with a mental illness, but shall not include
a person who has been committed after having been found not guilty
of a criminal offense by reason of insanity or having been found unfit
to be tried on a criminal charge.
All development, as defined in this section, other than major
development.
[Added 11-10-1988 by Ord. No. 88-10]
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which can be transported after fabrication
to a site where it is to be occupied.
[Added 3-12-1998 by Ord. No. 98-1]
A standard construction dwelling unit in which some or all
of the structural skin or service units (i.e., kitchens, baths) are
manufactured off-site in a factory, transported to the site and tied
in and erected on a foundation prepared on site. The term includes
"module, ""pre-fab," "factory-built," "panel-built," etc. The completed
unit must meet the standards of the municipal building code, and the
unit is considered real property.
[Added 3-12-1998 by Ord. No. 98-1]
Film or films, continuous slides or pictures of any nature,
in which any person is shown, depicted or revealed in any act of sexual
conduct or sadomasochistic abuse.
[Added 12-13-1984 by Ord. No. 84-3]
A business that dispenses fuels and lubricants for direct
use by motor vehicles to the general public. Uses such as the provision
of compressed air or vacuum services are permitted as accessory uses
to a motor vehicle fueling station.
[Added 3-12-1998 by Ord. No. 98-1]
Any automobile, truck, tractor, motor home, motorcycle, moped,
recreational vehicle, motor boat, farm implement or piece of construction
equipment which is capable of self-propulsion on roads or in water.
For the purpose of this chapter, "motor vehicles" shall include trailers,
campers and camper cars that are towed or carried on a motor vehicle.
[Added 3-12-1998 by Ord. No. 98-1]
A business that installs replacement parts in motor vehicles
or a business which repairs or repaints motor vehicles, including
but not limited to body shop, brake, tire and muffler replacement
and tire replacement.
[Added 3-12-1998 by Ord. No. 98-1]
The Planning Board or any agency created by or responsible
to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1
et seq.
[Added 3-12-1998 by Ord. No. 98-1]
A place for the transaction of business where reports are
prepared, records kept and services rendered, but where no retail
sales are offered and where no manufacturing, assembly, distribution
or fabricating takes place.
[Added 3-12-1998 by Ord. No. 98-1]
Improvements made outside the lot in question or the original
tract, respectively, to accommodate conditions generated inside the
original tract, respectively, to accommodate conditions generated
inside the original tract as the result of the proposed development
which shall include but not be limited to installation of new improvements
and extensions and modifications of existing improvements.
[Added 3-12-1998 by Ord. No. 98-1]
An area for the parking of a motor vehicle that is improved,
designated and provided with adequate access to an improved municipal
street, the area, configuration and construction of which is specified
in this chapter.
[Added 3-12-1998 by Ord. No. 98-1]
A paved area open to the sky.
[Added 3-12-1998 by Ord. No. 98-1]
A certificate issued by the Construction Code Official for
the construction, reconstruction, remodeling, alteration or repair
of a building upon approval of the submitted plans for said building
change.
[Added 3-12-1998 by Ord. No. 98-1]
A certificate issued by the Construction Code Official upon
completion of the construction of a new building or upon change in
the occupancy of a building which certifies that all requirements
of this chapter or such adjustment therefor which has been granted
by the reviewing board and all other applicable regulations have been
complied with.
[Added 3-12-1998 by Ord. No. 98-1]
A certificate issued by the Zoning Officer stating that the
purpose for which a building or land is to be used is in conformance
with the uses permitted and all other requirements under this chapter
for the zone in which it is located or is to be located.
[Added 3-12-1998 by Ord. No. 98-1]
A use right allocated to certain lands within the Pinelands
Area, pursuant to Section 5-403 of the Pinelands Comprehensive Management
Plan, that can be used to secure a residential density bonus on certain
lands within the Borough.
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
[Added 11-10-1988 by Ord. No. 88-10]
A roofed, open structure projecting from the front, side
or rear wall of a building and having no enclosed features of glass,
wood or other material more than 30 inches above the floor thereof,
except the necessary columns to support the roof. A porch may be screened.
[Added 3-12-1998 by Ord. No. 98-1]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
[Added 3-12-1998 by Ord. No. 98-1]
The main purpose for which any lot and/or building is used.
A business where the writing and production of a newspaper,
periodical or magazine is produced in excess of 100 copies per day
or 700 copies per week.
[Added 3-12-1998 by Ord. No. 98-1]
The development or subdivision of land by the Borough Council,
School Board, or any other officially created municipal agency or
authority.
Corporations, many of which are subject to Public Utilities
Commission rules and regulations, which operate public franchises
for the provision of items such as telephone, gas, electric, cable
television, railroad, omnibus and telegraph services. Said corporations
shall not include or be confused with any service provided by the
Borough of Chesilhurst or any of its boards, authorities commissions
or agencies.
[Added 3-12-1998 by Ord. No. 98-1]
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park operated by an agency or group or an approved vendor
operating the recreational facilities and for the convenience of patrons
of the facility shall not be deemed to be a restaurant.
[Added 3-12-1998 by Ord. No. 98-1]
An establishment where patrons are served food, soft drinks,
ice creams and similar confections for principal consumption off the
premises or in automobiles parked upon the premises, regardless of
whether or not in addition thereto seats or other accommodations are
provided for the patrons.
[Added 3-12-1998 by Ord. No. 98-1]
An establishment designed primarily for over-the-counter
service which primarily serves a limited, standardized menu of quickly
prepared and prepared foods, such as hamburgers, fried chicken, fried
fish, baked goods, ice cream and the like, packaged in paper or other
types of disposable wrappers and containers for immediate service
to patrons primarily for immediate consumption, whether or not interior
seating is provided; for example, McDonald's, Burger King, Wendy's,
Taco Bell, Roy Rogers and Pizza Hut.
[Added 3-12-1998 by Ord. No. 98-1]
Either the Planning Board or the Borough Council for the
Borough of Chesilhurst having jurisdiction pursuant to this chapter
and the Municipal Land Use Law over an application for development.
[Added 3-12-1998 by Ord. No. 98-1[2]]
Depending on the nature of the application, the term shall
refer to the engineer employed by the reviewing board having jurisdiction
over the application for development. In case of improvement sought
ultimately to be dedicated to the Borough, the term shall refer to
the Borough Engineer.
[Added 3-12-1998 by Ord. No. 98-1]
Flagellation or torture by or upon a human being who is nude
or clad in undergarments or in revealing or bizarre costumes or the
condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained.
[Added 12-13-1984 by Ord. No. 84-3]
An institute intended and used for academic instruction and
accredited by the State of New Jersey for that purpose.
[Added 3-12-1998 by Ord. No. 98-1]
Lands and buildings where motor fuel, lubricants, miscellaneous
accessories and services for motor vehicles are dispensed, but where
no vehicular painting and/or body work is done and where no junked
or unregistered motor vehicles are kept or stored and where no more
than three inoperable vehicles are kept or stored on site.
[Added 3-12-1998 by Ord. No. 98-1]
A line drawn parallel to a street line or lot line and drawn
through 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 Official Borough Map.
[Added 3-12-1998 by Ord. No. 98-1]
Human masturbation, sexual intercourse, or any touching of
the genitals, pubic areas or buttocks of the human male or female,
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
[Added 12-13-1984 by Ord. No. 84-3]
A small building or lean-to used for storage.
[Added 3-12-1998 by Ord. No. 98-1]
One or more buildings or part thereof designed as a unit
to be occupied by one or more business enterprises for the conduct
of business and conducted as an integrated and cohesively planned
development.
[Added 3-12-1998 by Ord. No. 98-1]
A triangular area abutting two intersecting streets or the
intersection of a street and a driveway, where vision should be unobstructed.
The sight triangle is formed by a line connecting the points along
intersecting street lines which represent the distance from the intersection
of the unobstructed vision. The land within the sight triangle constitutes
the unobstructed view area. This term is illustrated in the following
diagram:
 |
All site plans not defined as minor.
A site plan for development or building alteration requiring
less than 10 parking spaces as required in this chapter and containing
less than 2,500 new or additional square feet of floor area.
[Added 12-13-1984 by Ord. No. 84-3]
[Added 12-13-1984 by Ord. No. 84-3]
A system for disposal of sanitary sewage into the ground,
which meets the standards of N.J.A.C. 7:9-2.1 et seq. and which is
designed and constructed to treat sewage in a manner that will retain
most of the settleable solids in a septic tank and to discharge the
liquid effluent to an adequate disposal field; excluding those systems
which utilize a dosing tank or other comparable system to store and
deliver doses of septic tank effluent to the disposal field and those
systems that utilize sand filtration.
[Added 11-10-1988 by Ord. No. 88-10]
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of a
roof shall not be considered a ceiling. 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.
[Added 3-12-1998 by Ord. No. 98-1]
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on an adopted Master
Plan or Official Map or as required by this chapter, forming the dividing
line between the street and the lot.
[Added 3-12-1998 by Ord. No. 98-1]
All subdivisions not defined as minor.
A subdivision of land that does not involve:
The process by which virgin ground is altered to adjust ground
evaluation.
[Added 3-12-1998 by Ord. No. 98-1]
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.
[Added 3-12-1998 by Ord. No. 98-1]
An enclosed or semienclosed structure utilized by contractors,
architects or material men on site during the construction of an approved
development application. In no event, however, shall the use made
of such buildings be residential or commercial in nature. Temporary
buildings may include trailers.
[Added 3-12-1998 by Ord. No. 98-1]
Those services customarily rendered by corporations or the
municipality, under the review of the Public Utilities Commission,
for public service, such as electricity, gas, telephone, water and
sewerage, including the appurtenances used in connection with the
supplying of such services.
[Added 3-12-1998 by Ord. No. 98-1]
Ground in its natural state.
[Added 3-12-1998 by Ord. No. 98-1]
The establishment of a characteristic wetland or the removal
of exotic species or phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
[Added 11-10-2011 by Ord. No. 2011-7]
The area extending between the closest point of any building
and a lot line or street line. In an apartment, townhouse, industrial
park or other development where more than one building may be erected
on a lot, yards shall also be the open space extending between structures.
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 yards of the structures,
and in no event shall two structures be closer to one another than
the sum of both yards.
[Added 3-12-1998 by Ord. No. 98-1]
The area extending across the full width of a lot line between
the street line and the building, and for apartments, townhouses,
industrial parks or other development where more than one building
may be erected on a lot, the front yard shall be measured from the
designated front of the building to the nearest street line, curbline,
property line or structure, whichever is closer.
[Added 3-12-1998 by Ord. No. 98-1]
The area extending across the full width of the lot between
the rear lot line and the building, and for apartments, townhouses,
industrial parks or other developments where more than one building
may be erected on a lot, the rear yard shall be measured from the
designated rear of the building to the nearest street line, curbline,
property line or structure, whichever is closer.
[Added 3-12-1998 by Ord. No. 98-1]
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
building. The side yard for apartments, townhouses, industrial parks
or other developments, where more than one building may be erected
on a lot, shall be measured from the designated side of the building
to the nearest street line, curbline, property line or structure,
whichever is closer.
[Added 3-12-1998 by Ord. No. 98-1]
The person or persons who are primarily charged with the
enforcement of this chapter and appointed by the governing body.
[Added 3-12-1998 by Ord. No. 98-1]
