BRUSH OUT AN UNDEVELOPED LOT shall mean the removal of any brush, woody plants or other vegetation from an undeveloped lot or subdividable lot in preparation for the construction of any improvement thereon, provided that this term shall not include removal of any trees. Brush out is limited to
(a) Clearing of brush for lines of sight essential to the performance of necessary survey work, or
(b) Areas for the performance of tests required by municipal, State or federal regulations to determine subsurface soil conditions for a required individual sewage disposal or water supply system.
DEVELOPED LOT shall mean a legally established and existing parcel of land, with boundaries determinable from official records, having a building, which is occupied or capable of being occupied, located thereon.
DRIP LINE AREA shall mean the area under a foliated tree represented by the shadow formed if the sun were directly over the tree. The drip line is the circumference of such a shadow.
ESCROW AMOUNT shall mean the sum of the cost or value of the tree/trees and the reasonable mount for disposal and replanting. The current international Shade Tree evaluation chart may e used as a guide.
MUNICIPAL LAND shall mean any property owned by the Township, including any lot or easement or right of way for streets, sidewalks, walkways or municipal utilities except for sanitary sewers and storm sewers on developed lots. For the purposes of this chapter, an easement or right-of-way for a street, sidewalk, walkway or municipal utility which is dedicated for public use on a subdivision plot approved by the Township shall be deemed to be property owned by the 'township only upon and after the formal acceptance of such easement or right-of-way by the Township.
PERSON shall mean any individual, firm, partnership, corporation, company, association or other legal entity, including any trustee, receiver, assignee or other similar representative.
PROTECTED TREE shall mean any woody perennial plant with a trunk exceeding 18 inches in diameter (56.52-inch circumference) measured at a point 4.5 feet above the ground level on the downhill side of such tree.
REPLACEMENT TREE shall mean a balled 12-foot tall deciduous shade tree or conifer as measured from the base of the trunk, which species is native and long lasting. Such trees offered are subject to approval of the Tree Protection Committee. A list of replacement trees is available from the Township Land Development Office. Sizes of replacement trees shall be determined in accordance with Section 22-6.5.
SUBDIVIDABLE LOT shall mean an undeveloped portion of a legally established and existing parcel of land, which portion meets the minimum zoning requirements in the zone in which it located. Subdividable lot shall not include that portion of the parcel of land which meets the minimum zoning requirements and upon which is located a building which is occupied or is capable of being occupied.
TOWNSHIP shall mean the Township of Chatham in the County of Morris.
TREE shall mean any woody perennial plant with a main stem or trunk exceeding five (5) inches in diameter (l6 inches in circumference) measured at a point four and one-half (4.5) feet (forestry method) above the ground level on the downhill side of such tree.
TREE REMOVAL shall mean all trees permitted to be cut down. (*) If stumps are removed they shall be disposed of properly and not buried.
TREE REMOVAL PERMIT shall mean a permit issued pursuant to the provisions of this Chapter authorizing the removal of a tree or trees located upon a developed, undeveloped lot or dividable lot within the Township.
UNDEVELOPED LOT shall mean a legally established and existing parcel of land, with boundaries determinable from official records, which does not have a building capable of being occupied located thereon. Whenever approval is granted by the Planning Board to an application for preliminary major subdivision, each lot shown upon the subdivision plot which does clot have a building located thereon shall be deemed a separate undeveloped lot for the purposes of this chapter. None of the following shall be considered an undeveloped lot for the purposes of this chapter:
a. Municipal land as defined herein;
b. Any parcel of land owned in fee by the United States of America, the State of New Jersey, the County of Morris or a public utility company regulated by the New Jersey Public Utilities Commission; or
c. Any lot upon which there is conducted an income-producing business involving the removal of trees, provided that the conduct of such business is a permitted use under applicable zoning regulations or a legally recognized nonconforming use.
VIABLE TREE shall mean a tree which shows significant signs of life, such as new leaf growth and branch growth from the end of one growing season to the next. In cases where damage has occurred to the root structure, significant signs of life should appear in the tree above the damaged roots at the end of the next growing season. In cases of scarring or heavy pruning, significant signs of life should be evident near the sear or pruned area at the end of the next growing season.
ACCESSORY BUILDING shall mean a subordinate building or structure on the same lot with a main building, or a portion of the main building, occupied or devoted exclusively to an accessory use Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building
ACCESSORY STRUCTURE shall mean a subordinate building or structure on the same lot with a main building, or a portion of the main building, occupied or d devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-025.
ACCESSORY USE shall mean a use naturally and normally incident and subordinate to the principal use of a structure or lot, but not including any outdoor storage prohibited by subsection 30-96 17
ADMINISTRATIVE OFFICER shall mean the Township Clerk, unless otherwise stated or intended by this chapter.
AGRICULTURAL DEVELOPMENT shall mean land uses normally associated with the production of food, fiber, and livestock for sale For purposes of this chapter, such uses shall not include the development of land for the processing or sale of food and the manufacture of agriculturally related products
ALTERATION OF BUILDING shall mean a change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or a part thereof, or removal of a building from one location to another, or a change in use
APARTMENT shall mean a dwelling unit located on one floor of a building containing similar units, adjoining said similar units above, below or to the side, which units may share in common facilities, such as entryways, hallways and utility systems
APPLICANT shall mean a developer submitting an application for development
APPLICATION shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use or zoning variance
APPROVING AUTHORITY shall mean the Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter
AREA OF SPECIAL FLOOD HAZARD shall mean an area of special flood hazard within the Township as determined by the provisions of Article X, Sections 30-119 and 30-126
ASSISTED LIVING RESIDENCE means a facility which is licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
**Webmasters note: The previous definition has been added as per Ordinance 97-007
ATTIC shall mean an uninhabitable part of a building which is immediately below and wholly or partly within the roof framing See Story, half
AVERAGE LOT WIDTH FOR SIDE YARD DETERMINATION shall mean the average of the lengths of the front and rear yard lines measured at the building The front yard line shall be measured from side line to side line by the shortest distances, passing through the point of the building nearest the street, the rear yard line shall be measured from side line to side line by the shortest distance passing through the point of the building furthest from the street
BASE FLOOD shall mean a flood having a one (1%) percent chance of being equaled or exceeded in any given year
BASEMENT shall mean a space within a building, having a floor and walls, and located totally or partially below the grade of the adjoining ground surface For purposes of this chapter, any basement having fifty (50%) percent or more of the aggregate surface areas of all walls located above grade or having fifty (50%) percent or more of the surface area of the front wall located above grade shall be considered a story On a corner lot any wall of the basement that faces a street shall be considered a front wall In addition to the above, a basement located in a non- residential building shall be considered a story unless the basement is and remains unfinished and unutilized except for storage or utility purposes The term "basement" shall include the term "cellar"
BEST MANAGEMENT PRACTICES, BMPS shall mean methods, measures, practices and design techniques which will prevent or reduce to the lowest reasonably practicable level the pollution of surface waters and adverse impacts on critical areas BMPs proposed for any development must as a minimum meet all requirements of other applicable Township ordinances
BOARD MANAGER shall mean the person employed by the Planning Board or the person employed by the Zoning Board of Adjustment to render services of an administrative nature to the Board
BUILDING shall mean a structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.
CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project
CARPORT shall mean a roofed structure, attached to a building and open on at least two (2) sides, intended to serve as a shelter for an automobile
CELLAR See Basement
CELLULAR TOWERS. Towers used to hold antennas for the transmission and reception of radio waves for cellular telephones, beepers, pagers, and the like.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 97-043
CHANGE IN USE shall mean the use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed
CHANNEL shall mean a watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water
CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points
COMMERCIAL VEHICLE shall mean a truck, bus, sedan delivery vehicle, station wagon with advertising matter on the side, or any other commercially used vehicle except a passenger car with no advertising matter exposed to view
COMMON FACILITIES shall mean common facilities shall include but not be limited to facilities for the common use of two (2) or more dwelling units such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas
COMMON OPEN SPACE shall mean that open space shown on a recorded subdivision or site plan for the common use of two (2) or more dwelling units
COMMON OWNERSHIP shall mean ownership of two (2) or more contiguous parcels of real property by one person or by two (2) or more persons owning such property as joint tenants, as tenants by the entirety, or as tenants in common
COMPLETE APPLICATION shall mean an application form completed as specified by this chapter and the rules and regulations of the municipal agency and all accompanying documents and fees required by this chapter and such rules and regulations for approval of the application for development, including where applicable, but not limited to a site plan or subdivision plat In addition to a complete application, the municipal agency may subsequently require that an applicant furnish such other information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met, but the application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency
CONDITIONAL USE shall mean a use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board
CONSERVATION EASEMENT shall mean an area of land that has been precluded from future development. Conservation easements may be bermed and landscaped if initially an open area or left in a natural state if heavily wooded. Conservation easements shall not be disturbed except for maintenance of the landscape buffer.
**Webmaster's Note: The previous definition has been amended as per Ordinance No. 98-019.
CONSERVATION RESTRICTION shall mean an interest in land less than fee simple absolute as defined in Section 2 of the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N J S 13 8B-2
CORNER LOT shall mean a lot at the junction of, and having frontage on, two (2) or more intersecting streets, or a lot bounded on two (2) or more sides by the same street in a residential district, the owner or developer, when first applying for a building permit, shall designate which of two (2) streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements
**Webmasters note: The previous definition has been amended as per Ordinance 19-23
CONVENTIONAL DEVELOPMENT shall mean development other than planned development, such as a subdivision not involving residential cluster or a site plan not involving multi-family development
CRITICAL AREA shall mean an area consisting of wetlands, flood hazard areas, areas of shallow water table soils, recharge soils or steep slopes
DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed
DETENTION BASIN shall mean an embankment and associated space for impoundment of water, or alternately, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily retain storm water runoff
DETENTION FACILITY shall mean a detention basin or alternative structure designed to temporarily retain storm water runoff
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land The term "Developer" shall include the term "Subdivider"
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter
DEVELOPMENT REGULATION shall mean a zoning, subdivision, site plan, official map or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L 1975, C 291 (N J S 40 55D-1 et seq)
DIVISION shall mean the Division of State and Regional Planning in the Department of Community Affairs
DRIVEWAY shall mean a private roadway providing access for motor vehicles to a garage, dwelling or other building
DWELLING OR DWELLING UNIT shall mean a building or part thereof used as the residence of and providing complete living facilities for a family as defined in this chapter
DWELLING, ONE-FAMILY shall mean a building containing one (1) dwelling unit
DWELLING, MULTI-FAMILY shall mean a building containing two (2) or more dwelling units and including apartments, quadraplexes or townhouses as defined herein
DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes and including lands intended as flood control basins
EMPLOYEE shall mean any person who works in any capacity, whether full-time or part-time, in any building in the Township other than a single family dwelling or accessory thereto
EROSION shall mean the detachment, wearing away or movement of soil or rock fragments by the action of water, wind, ice or gravity
EXECUTIVE INN shall mean a facility providing overnight sleeping accommodations, and which may include dining, recreation, conference and other related facilities, all of which facilities are primarily intended to serve the needs of executive personnel in the nearby area
FAMILY shall mean a person or any number of persons living together as a single housekeeping unit following crawlspaces, basements, cellars, porches, breezeways, patios, terraces, garages and carports The floor area of a finished second floor room or attic shall be included if the ceiling height is at least seven (7) feet, notwithstanding that the room or attic has minor ceiling slopes, provided the knee walls are at least five (5) feet in height
FENCE shall mean a structure used for enclosing, constructed of rails, pickets, mesh and the like, usually with a generally open surface, permanently anchored into the ground through the use of posts, or other similar supports.
**Webmasters Note: The previous definition has been amended as per ordinance No. 99-046.
FLOOR AREA (as it applies to non-residential buildings) shall mean the total area of all floors of a building computed by measuring the outside walls of the building, including basement and cellar floors, unless such floors are and remain unfinished and unutilized except for storage or utility purposes
FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
FRESHWATER WETLANDS shall mean an area designated by the N J D E P E that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically known as hydrophytic vegetation, provided, however, that the N J D E P E , in designating a wetland, shall use the three (3) parameter approach (that is, hydrology, soils, and vegetation) enumerated in the April 1, 1987 interim-final draft, "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto
GARAGE shall mean a detached accessory building or portion of a main building for the parking of or temporary storage of automobiles of occupants of the main building
GARAGE, RESIDENTIAL shall mean a covered or enclosed parking space, with a minimum area formed by a rectangle measuring at least ten feet by twenty (10' by 20') feet, with no horizontal encroachment into the minimum rectangular area, and with a clear height above the minimum rectangular area of the full height of the garage door or doorway opening. Multi-car residential garages shall consist of multiples of the above, with minimum rectangles of equal area.
**Webmaster's Note: The definition of Garage, Residential has been added as per Ordinance No. 99-007.
GENERAL TERMS AND CONDITIONS shall mean the conditions under which preliminary approval is granted including Plat and Plan Details in Section 30-62, On-Tract Improvements in Section 30-63 and Design Standards in Section 30-64
GOVERNING BODY shall mean the Township Committee of the Township of Chatham
HEIGHT OF STRUCTURE shall mean the vertical distance measured from the lowest ground elevation at any point within fifteen (15) feet of the foundation, i.e. the underlying base, substructure, or support of a building, to a horizontal plane projected from the highest point of the roof, using predevelopment grades if fill has been added and using postdevelopment grades if soil has been removed
**Webmasters Note: The previous definition has been amended as per Ordinance 97-017
HOME BASED BUSINESS means any activity performed for pecuniary gain in or directed from a dwelling unit by one or more residents of that dwelling unit which is located in a residential zone and which:
a. Is not inconsistent with the residential character of the dwelling unit;
b. Is subordinance to the use of the dwelling unit for residential purposes and requires no external modifications that detract from the residential appearance of the dwelling unit;
c. Uses no equipment or process that creates noise, vibration, glare, fume odors or electrical or electronic interference detectable by neighbors;
d. In the case of a dwelling unit which is part of a common interest ownership community, does not cause an increase in common expenses that can be attributable to a home-based business;
e. Does not involve use, storage, or disposal or any grouping or classification of materials that the Federal Secretary of transportation or the State or Township of Chatham designates as a hazardous material; and
f. Does not present any appreciable traffic or safety concerns.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 97-037
IMPERVIOUS SURFACES ON A SINGLE FAMILY RESIDENTIAL LOT IN RESIDENCE DISTRICTS shall mean buildings, roofed structures, pavement, driveways, parking and turnaround areas, sidewalks, patios and other improvements which prevent normal ground water absorption, excluding decks and the surface area of swimming pools.
**Webmasters note: The previous definition has been added as per Ordinance No. 98-025
INFILTRATION BASIN shall mean a detention basin designed to infiltrate retained water to the subsurface and which is not an injection well
INSTITUTIONAL USES shall mean public buildings, municipal and other nonprofit uses, including churches, schools teaching academic subjects and hospitals
INTERESTED PARTY shall mean in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Township, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter Land disturbance shall mean any activity involving the clearing, cutting, excavation, grading, filling, storing or transporting of land or any other activity which causes land to be exposed to the danger of erosion
LANDSCAPE RETAINING WALL shall mean a retaining wall four (4) feet in height or less, which does not support any structure within a distance from the top of the wall equal to the height of the retaining wall.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-016.
LOADING SPACE shall mean an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material
LOT shall mean a legally established and existing parcel of land with boundaries determinable from official records
LOT AREA shall mean the total area included within the lot lines, exclusive of any street right of-way Where the property line extends to the center of a street and the street right-of-way width has not been determined, the area of the lot for the purpose of this chapter shall not include land within twenty-five (25) feet of the center line of the street
LOT SIZE AVERAGING shall mean the permitted reduction in the required minimum lot size by an allowable maximum amount of certain lots in a subdivision along with a corresponding increase in the area of other lots above the minimum lot size so that the average of all lots in the subdivision is equal to or greater than the minimum required lot size
MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter
MAJOR DEVELOPMENT shall mean in addition to the definition of development in the Municipal Land Use Law, N J S 40.55D-4, the activity must satisfy a or b below
a. Any site plan or subdivision plan that will ultimately cover one (1) or more acres of land with additional impervious surfaces,
b. Any construction of one (1) or more of the following uses
1. Feeding and holding areas that provide for more than one hundred (100) head of cattle or fifteen thousand (15,000) hens, five hundred (500) swine, four thousand (4,000) turkeys, ten thousand (10,000) ducks, this section shall also apply to all other equivalent numbers of animal units as determined by the S C S Agricultural Waste Management Field Manual for measuring BOD (biochemical oxygen demand) producing potential,
2. Pipelines, storage, or distribution systems for petroleum products or chemicals,
3. Storage, distribution, or treatment facilities (excluding individual on-site sewage disposal systems) for liquid waste,
4. Solid waste storage, disposition, incineration, or landfill,
5. Quarries, mines, or borrow pits,
6. Land application of sludge or effluents,
7. Storage, distribution or treatment facilities for radioactive waste
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision
MANOR HOUSE shall mean a building containing two (2) or more manor units meeting the requirements of subsection 30-78 8 or subsection 30-78 9
MANOR unit shall mean a dwelling unit located on one floor of a manor house containing similar units, adjoining said similar units above, below or to the side, which units may share in common facilities, such as entryways, hallways and utility systems and meeting the requirements in subsection 30-78 8 or subsection 30-78 9
MANUFACTURING shall mean the fabrication, construction, processing, assembly, treatment or conversion of finished or unfinished materials, articles or products for use other than on the premises where any of the foregoing activities may be performed
MASTER PLAN shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to P.L 1975, Chapter 291 (N J S 40 55D-1, et seq )
MAXIMUM DEPTH OF MEASUREMENT shall mean a distance as specified in this chapter, measured from and perpendicular to a street right-of-way, within which the required minimum lot size must be measured
MINOR SUBDIVISION shall mean any subdivision containing not more than three (3) lots fronting on an existing, accepted street or on a private street approved by the Planning Board or otherwise approved by the Township Committee for the purposes of issuing building permits, not involving any new street or the extension of any off-tract improvement
MOUNTING HEIGHT OF LIGHT FIXTURE shall mean the vertical distance from the top of the light fixture or standard on which it is mounted, whichever is greater, to the finished grade at the base of the standard. Outdoor lighting shall mean all light fixtures other than those located within the confined space of a building.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-018.
MUNICIPAL AGENCY shall mean the Planning Board, the Zoning Board of Adjustment, the Board of Health or the Township Committee of the Township of Chatham
NONCONFORMING USE shall mean a use of land or building which was lawful prior to the adoption of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption
NONPOINT SOURCE POLLUTION shall mean pollution from any source other than from any discernible, confined and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources
OFFICE BUILDING shall mean a building devoted to offices for the performance of professional, executive or administrative functions
OFFICIAL MAP shall mean a map adopted by Ordinance of the Governing Body pursuant to Article 5 of PL 1975, Chapter 291 showing the location and width of streets and drainage rights- of-way, and the location and extent of public parks and playgrounds, whether existing or proposed
OFF-TRACT IMPROVEMENT shall mean an improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way and includes any of the following
a. All improvements of the types required for on-tract installation, where the need for the providing of such improvements off-tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application
b. Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application and the installation of which would confer a benefit upon the applicant's lands which are the subject of the application In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest
c. Installation of new improvements and extensions and modifications of existing improvements
ON-SITE shall mean located on the lot in question
ON-TRACT IMPROVEMENT shall mean any improvement, the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of an application for development or on a contiguous street or right-of-way
OPEN SPACE shall mean any parcel or area of land or water, essentially unimproved, and either dedicated for public use or set aside, designated or reserved for private use by the owners or occupants of specified properties or dwelling units adjoining or neighboring such open space
OWNER shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop the same under this chapter
PARKING AREA shall mean an open area, other than a street or other public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers or residents
PERFORMANCE GUARANTEE shall mean a security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other municipal agency approves a subdivision plat or site plan
PARKING SPACE shall mean an accommodation for the off-street parking of a motor vehicle which space shall have an area required by this chapter
PERSON shall mean any individual, firm, co-partnership, corporation, company, association or other organization, including any trustee, receiver, assignee or other similar representative
PLANNED DEVELOPMENT shall mean planned unit development, planned unit residential development or residential cluster, including townhouse, quadruplex and apartment developments
PLAT shall mean the map or maps of a subdivision
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to subsection 30-61 3d of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board
PRELIMINARY FLOOR PLANS and elevations shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs
PRELIMINARY PLAT OR SITE PLAN shall mean the preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Secretary of the Planning Board for consideration and preliminary approval by the Planning Board
PRINCIPAL STRUCTURE shall mean a structure arranged, adapted or designed for the predominant or primary use for which a lot may be used
PRINCIPAL USE shall mean the primary or predominant use of the premises
PROFESSIONAL OFFICE shall mean an office used for the practice of a learned profession including, but not limited to law, medicine, dentistry, engineering, architecture and accounting
PUBLIC BUILDING shall mean a building which is owned and used by a governmental agency
QUADRUPLEX shall mean a building containing four (4) townhouse dwelling units
QUORUM shall mean the majority of the full authorized membership of a municipal agency
RECHARGE shall mean the replenishment of underground water reserves
RECHARGE SOILS shall mean permeable soils which have a high capacity or ability to absorb storm water and replenish ground water
RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan incorporating residential housing units and common or public open space
RESUBDIVISION shall mean 1 The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or 2 the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyance so as to combine existing lots by deed or other instrument
SEASONAL HIGH WATER TABLE shall mean the highest level readied by ground water during the year, usually but not necessarily occurring during the months of January through April
SENIOR HOUSING shall mean a building or buildings containing one (1) or more dwelling units restricted by deed or other instrument to occupancy of each dwelling unit by a person or persons in any one (1) of the following categories: up to two (2) individuals, both of whom are fifty-five (55) years of age or older; a man and wife, either one of whom is fifty-five (55) years of age or older or a couple having a permanent and stable relationship living together as a single housekeeping unit, either one of whom is fifty-five years of age or older or a single person over age twenty (20) but under age fifty-five (55) living with any of the above when the presence of said person is essential to the physical care or economic support of either of the above.
**Webmaster's Note: The definition of "Senior Housing" has been added as per Ordinance No. 99-07.
SETBACKS shall mean the required yard or distance between buildings and property lines
SHALLOW WATER TABLE SOILS shall mean soils having a seasonal high water table within two (2) feet of the ground surface
SHOP, RETAIL shall mean a building or part thereof in which or from which a service is rendered directly to the ultimate consumer
SIGN shall mean each of the following shall constitute a sign when it is placed in view of the general public and is used to advertise or promote the interests of any person or product or to indicate or name the occupant of any premises; a billboard, a ground sign, a roof sign, a sign erected, attached, painted or printed on the exterior surface of a structure, an illuminated sign, a temporary sign, an awning, banner or canopy with lettering or insignia, and any announcement temporarily attached to a motor vehicle shall be deemed a sign for purposes of this chapter A name painted upon or attached to a box for the delivery of mail or a notice to the public of any kind erected by or at the direction of the State, the County or the Township shall not constitute signs for purposes of this chapter
SINGLE OWNERSHIP shall mean ownership by one (1) person or by two (2) or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.
SITE PLAN shall mean a plan of one (1) or more lots on which is shown 1. the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, flood plains, marshes and waterways, 2 the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and 3 any other information that may be reasonably required in order to make an informed determination pursuant to this chapter
STEEP SLOPE shall mean a slope with a grade of fifteen (15%) percent or greater
STORE, RETAIL shall mean a building or part thereof in which or from winch merchandise is sold directly to the ultimate consumer
STORM WATER shall mean water produced by rain, flood, drainage, springs and seeps flowing over the land surface or in a stream
STORM WATER RUNOFF shall mean any flow of water over the land surface
STORM WATER RUNOFF DAMAGE shall mean any damage or harm to land, vegetation, water supplies or property values which results or is likely to result when the dispersion of surface water is increased in rate, velocity or quantity or when the water quality is degraded Such damage or harm includes but is not limited to flooding, soil erosion, siltation and other pollution of watercourses and the diminished recharge of ground water.
STORY shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it For purposes of this chapter, any basement having fifty (50%) percent or more of the aggregate surface areas of all walls located above grade or having fifty (50%) percent or more of the surface area of the front wall located above grade shall be considered a story In addition to the above, a basement located in a nonresidential building shall be considered a story unless the basement is and remains unfinished and unutilized except for storage or utility purposes
STORY, HALF shall mean a space in a building situated above a story and under a sloping roof, in which space the floor area with head room of five (5) feet or less occupies at least forty (40%) percent of the total floor area of the story directly beneath
STREAM shall mean any body, either natural or manmade, of constantly or intermittently flowing water whether designated as a stream, brook, fill or otherwise and consisting of bed, banks and watercourse
STREET shall mean an existing partially or fully improved way primarily intended for vehicular traffic, whether designated as a street, road, avenue, boulevard, lane or otherwise, whether county or municipal, or an unimproved street shown upon a plat previously approved and currently legally effective A street includes all of the area between the street right-of-way lines
MAJOR STREETS are those which are so designated on the current Master Plan
MINOR STREETS are all streets not designated as major streets on the current Master Plan
STREET LINE shall mean the right-of-way line of a street as indicated by public usage, dedication or deed of record.
STRUCTURAL RETAINING WALL shall mean a retaining wall greater than four (4) feet in height or which supports any structure within a distance from the top of the wall equal to the height of the retaining wall or the failure of which would adversely affect structures on the property or could cause significant property damage on adjoining land.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-016.
STRUCTURE shall mean anything constructed, erected or placed, permanently or temporarily, which requires location on or support from the ground or attachment to something requiring such support, except trees or plantings
SUBDIVIDER shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another The term "Subdivider" shall include the term "Developer"
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created
1. divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size,
2. divisions of property by testamentary or intestate provisions,
3. divisions of property upon court order, including but not limited to judgments of foreclosure,
4. consolidation of existing lots by deed or other recorded instrument, or
5. the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Township Clerk to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township The term subdivision" shall also include the term '.resubdivision"
SUBDIVISION COMMITTEE shall mean a committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of determining the completeness of applications for development, reviewing subdivisions and site plans and such other duties relating to land subdivision and site plans which may be conferred on this committee by the Board
SURFACE DRAINAGE MAPS shall mean the latest edition of the maps entitled "Surface Drainage Maps, Township of Chatham" on file in the office of the Township Clerk
TERMS NOT DEFINED shall mean whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P L 1975, c 291 (N.J.S. 40 55D), if defined by that Statute In the event of conflict between the definition in this chapter and that contained in said Statute, the definition in the Statute shall apply
TOWNHOUSE shall mean a single-family dwelling attached by a common wall between it and the adjacent unit or units extending from the basement to the roof together with individual front and rear entrances and yards designed as an integral part of each unit The term "Townhouse" shall include the term "Quadruplex"
TRANSCRIPT shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
VARIANCE shall mean permission to depart from the literal requirements of a zoning regulation
WATERCOURSE shall mean the course followed hy water m a stream
WATERSHED shall mean an area of surface water runoff related to a point of concentration
WET BASIN shall mean a detention basin designed to retain some water on a permanent basis
WETLANDS shall mean those areas inundated or saturated hy surface or ground water at a frequency and duration sufficient under normal circumstances to support a prevalence of vegetation typically adapted for life in saturated soil conditions Typical wetland vegetation includes (trees) red maple, yellow birch, ash, basswood, black gum, (shrubs) box elder, river birch, alder, willow, buttonbush, spicebush, witch hazel, viburnums, highbush blueberry, arrowwood, (herbs and grasses) skunk cabbage, spring herbs, sedges and mosses, cattail, ferns, and similar such trees, shrubs and herbs and grasses Wetlands include swamps, marshes, bogs, and similar areas such ss sloughs, potholes, wet meadows, streams, lakes, ponds as well as areas in which the seasonal high water table is within six (6) inches of the ground surface
WORD USAGE shall mean words used in the present tense include the future, the singular number includes the plural, and the plural the singular The word lot includes the word plot The word building includes the word structure The term such as where used herein shall be considered ss introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures The words zone and district are synonymous
YARD shall mean an open space, unoccupied except by a structure or use as specifically permitted by this chapter, measured, respectively, from all points on the abutting street right-of- way line, side lot line and rear line to the foundation wall of the principal structure All measurements are to be made at right angles to straight portions and radial to curved portions
FRONT YARD A yard situated between the principal structure and the street right-of-way line, extending across the full width of the lot
SIDE YARD A yard situated between the principal structure and a side line of the lot, extending between the front yard and the rear yard
REAR YARD A yard situated between the principal structure and the rear lot line, extending across the full width of the lot
USABLE LOT AREA shall mean a contiguous area within the boundaries of a lot, but outside of required lot setbacks, that exclusive of wetlands, wetland transition areas, flood hazard areas, or easements that restrict development. Not more than 40% of the usable lot area shall have a pre-development slope of between 15% and 20%; not more than 20% of the usable lot area shall have a pre-development slope of between 20% and 25%; and no ,pre-development slope over 25% shall be within the usable lot area.
**Webmasters note: Useable lot area has been added as per Ordinance 96-28 and amended as per Ordinance No. 97-010
WALL shall mean:
ARCHITECTURAL WALL shall mean a structure used for enclosing, or screening adjacent property, usually with a generally solid surface, continuously supported by the ground through the use of footings, or other similar supports.
LANDSCAPE RETAINING WALL shall mean a retaining wall less then three (3') fret in height, which dues not support any the improvement within three (3') feet of the top of the wall.
STRUCTURAL RETAINING WALL shall mean a retaining wall greater than three (3) feet in height, or e retaining wall with any ails improvement located within a distance from the top of the wall equal to the height of the retaining wall.
**Webmasters Note: The previous definitions for walls have been added as per Ordinance No. 99-046.
ZONING OFFICER shall mean an agent, appointed by the Township Committee, who shall be responsible for the enforcement of the Zoning Regulations contained in Article 7 of this chapter and who shall have such other duties and responsibilities as may be herein specified
ZONING PERMIT shall mean a document signed by the Zoning Officer, 1 which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and 2 which acknowledges that such use, structure or building complies with the provisions of the zoning regulations or variance therefrom duly authorized by the Planning Board or the Board of Adjustment The document required to be issued by the Zoning Officer prior to the issuance of a construction permit shall be known as a construction/zoning permit The document required to be issued by the Zoning Officer prior to the issuance of a certificate of occupancy shall be known as an occupancy/ zoning permit. (Ord No 2-79 § A2, Ord No 9-79 § 1, Ord No 1-80 §§ 1-3, Ord No 9-81 §§ 1-2, Ord No 20-81 §§ 1-2, Ord No 24-81 §§ 1-4, Ord No 8-82 §§ 1-6, Ord No 20-84 § 1; Ord No 28-85 §§ 1-2, Ord 34-85 § 1, Ord No 8-86 §§ 1-2, Ord No 24-87 § 1, Ord. No 34-87 § 1, Ord. No 26-90 § 1)
HEIGHT . The height of a fence shall be measured from the highest part of the fence to the ground directly below. The height of a wall shall be measured from the toe of the wall to the top of the wall.
TOP OF THE WALL shall mean the highest elevation of any part of the wall.
TOE OF THE WALL shall mean the intersection of the face of a wall and the adjacent ground at the base of the wall.
APPEAL" means a request for a review of the construction official's interpretation of any provision of this Article or a request for an exception.
AREA OF SHALLOW FLOODING means a designated AO or AH zone on a community's Flood Insurance Rate Map ("FIRM") with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD means the land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT means any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CHANNELS means a Watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water.
DEVELOPMENT means any man-made change to improve or unimprove real estate, including, but not' limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, clearing or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
ELEVATED BUILDING means a non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
EXCEPTION means a grant of relief by the Planning Board from the requirements of this Article which permits construction in a manner that would otherwise be prohibited by this Article.
FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from:
[1] The overflow of rivers, streams or other inland waters and/or
[2] The usual and rapid accumulation or runoff of surface waters from any source.
FLOOD FRINGE AREA means the portion of the flood hazard area not delineated as floodway.
FLOOD HAZARD AREA means the floodway and the flood fringe area as determined by the New Jersey Department of Environmental Protection pursuant to Section 3 of the New Jersey Flood Hazard Control Act, N.J.S.A. 58:161.52.
FLOOD INSURANCE RATE MAP (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD PLAIN shall mean the relatively flat area of land which has been or may be hereafter covered by flooding.
FLOOD PLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE means the. highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE means any structure that is:
[a] Listed individually in the. National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
[b] Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
[c] Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
[d] Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved State program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without. a permanent foundation when attached to the required utilities. For flood plain management purposes, the term manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 days. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE means a vehicle which is [i] built on a single chassis; [ii] 400 square feet or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348)) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,. the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STREAM means any body, either natural or man-made, constantly or intermittently flowing water, whether designed as a stream, brook, rill or otherwise and consisting off bed, banks and watercourses.
STRUCTURE means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50-percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
[1] Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
[2] Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
TOWNSHIP COMMITTEE means the governing body of the Township of Chatham.