[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. No. 34-85 § 1; Ord.
No. 8-86 §§ 1-2; Ord. No. 24-87 § 1; Ord. No. 34-87
§ 1; Ord. No. 26-90 § 1; Ord. No. 96-19 § 1; Ord. No.
96-23 § 1; Ord. No. 96-28 § 1; Ord. No. 96-30 § 1;
Ord. No. 97-007 § 1; Ord. No. 97-010 § 1; Ord. No. 97-014
§ I; Ord. No. 2000-025 § 1; Ord. No. 97-017 § 1; Ord.
No. 97-037 § 1; Ord. No. 97-043 § 1; Ord. No. 98-019 §
1; Ord. No. 98-025 § 1; Ord. No. 99-007 §§ 1, 2; Ord.
No. 99-046 § 1; Ord. No. 2002-016 § 1; Ord. No. 2003-018
§ 1; Ord. No. 2004-014 § 1; Ord. No. 2005-031 §§
1, 2; Ord. No. 2006-20 § 1; Ord. No. 2008-09 § 1; Ord. No.
2008-18 § 1; Ord. No. 2010-09 § 1; Ord. No. 2018-24 §
1]
For the purpose of this chapter, certain terms are defined as
follows:
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. A basketball backboard permanently installed on a pole or
post shall not be considered an accessory structure provided that
the basketball backboard is located not closer than eight feet from
a side or rear property line nor less than 1/2 the distance of the
required front yard setback.
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.
Shall mean the Township Clerk, unless otherwise stated or
intended by this chapter.
Shall mean having a sales price or rent within the means
of low- or moderate-income household as defined in N.J.A.C. 5:93-7.4,
or for housing developed in accordance with the third-round rules
of the New Jersey Council on Affordable Housing, as defined by N.J.A.C.
5:94-7.
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.
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.
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.
Shall mean a developer submitting an application for development.
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.
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.
Shall mean 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.
Shall mean an uninhabitable part of a building which is immediately
below and wholly or partly within the roof framing. See Story, half.
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.
Shall mean a flood having a 1% chance of being equalled or
exceeded in any given year.
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
50% or more of the aggregate surface areas of all walls located above
grade or having 50% 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."
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. Bumps proposed for any development must as a minimum meet all
requirements of other applicable Township ordinances.
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.
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.
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean a roofed structure, attached to a building and
open on at least two sides, intended to serve as a shelter for an
automobile.
See Basement.
Shall mean towers used to hold antennas for the transmission
and reception of radio waves for cellular telephones, beepers, pagers,
and the like.
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.
Shall mean a watercourse with definite bed and banks which
confine and conduct continuously or intermittently flowing water.
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.
Shall mean the New Jersey Council on Affordable Housing.
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.
Shall mean common facilities and shall include but not be
limited to facilities for the common use of two or more dwelling units
such as roads, sidewalks, swimming pools, playgrounds, trees, greens,
fairways and parking areas.
Shall mean that open space shown on a recorded subdivision
or site plan for the common use of two or more dwelling units.
Shall mean ownership of two or more contiguous parcels of
real property by one person or by two or more persons owning such
property as joint tenants, as tenants by the entirety, or as tenants
in common.
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.
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.
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.
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.
Shall mean development other than planned development, such
as a subdivision not involving residential cluster or a site plan
not involving multi-family development.
Shall mean a lot at the junction of, and having frontage
on, two or more intersecting streets, or a lot bounded on two 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 streets is to be the principal frontage for the purpose
of establishing the front, rear and side yard requirements.
Shall mean an area consisting of wetlands, flood hazard areas,
areas of shallow water table soils, recharge soils or steep slopes.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
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.
Shall mean a detention basin or alternative structure designed
to temporarily retain storm water runoff.
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."
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any use or change in the
use of any building or other structure, or of any mining, excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission
may be required pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean money paid by an individual, person, partnership,
association, company or corporation for the improvement of property
as permitted in COAH's rules.
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.)
Shall mean the Division of State and Regional Planning in
the Department of Community Affairs.
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.
Shall mean a private roadway providing access for motor vehicles
to a garage, dwelling or other building.
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.
Shall mean housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
Shall mean a building containing two or more dwelling units
and including apartments, quadraplexes or townhouses as defined herein.
Shall mean a building containing one dwelling unit.
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.
Shall mean the value of a property determined by the municipal
tax assessor through a process designed to ensure that all property
in the municipality is assessed at the same assessment ratio or ratios
required by law. Estimates at the time of building permit may be obtained
by the tax assessor utilizing estimates for construction cost. Final
equalized assessed value will be determined at project completion
by the municipal tax assessor.
Shall mean the detachment, wearing away or movement of soil
or rock fragments by the action of water, wind, ice or gravity.
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.
Shall mean a person or any number of persons living together
as a single housekeeping unit.
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.
Shall mean the official action of the Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the map or maps of a subdivision application for
which final approval is sought pursuant to this chapter.
Shall mean the portion of the flood hazard area not delineated
as floodway.
Shall mean the floodway and flood fringe area determined
by the New Jersey Department of Environmental Protection under the
Flood Hazard Area Control Act (N.J.S. 58:16A-52).
Shall mean a general or temporary condition of partial or
complete inundation of normally dry land areas from: a. the overflow
of rivers, streams or other inland waters, and/or b. the unusual and
rapid accumulation or runoff of surface waters from any source.
Shall mean the flood hazard areas of delineated streams and
areas inundated by the 100-year flood in non-delineated areas.
Shall mean the channel of a natural stream and portions of
the flood hazard areas adjoining the channel, which are reasonably
required to carry and discharge the flood water or flood flow of any
natural stream.
Shall mean the total area of all floors of a dwelling computed
by measuring the outside dimensions of the outside walls of the dwelling,
excluding the floors of the 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 feet, notwithstanding that the
room or attic has minor ceiling slopes, provided the knee walls are
at least five feet in height.
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.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
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 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.
Shall mean a detached accessory structure or portion of a
main structure for the parking or temporary storage of automobiles
of occupants of the main building.
Shall mean a covered or enclosed parking space, with a minimum
area formed by a rectangle measuring at least 10 feet 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.
Shall mean the Township Committee of the Township of Chatham.
Shall mean the vertical distance measured from the average
ground elevation, as determined by the average of the lowest ground
elevation and the highest ground elevation within 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 post-development
grades if fill has been removed.
Shall mean 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:
Is not inconsistent with the residential character of the dwelling
unit;
Is subordinate 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;
Uses no equipment or process that creates noise, vibration,
glare, fumes, odors or electrical or electronic interference detectable
by neighbors;
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; and
Does not involve use, storage, or disposal or any groupings
or classification of materials that the Federal Secretary of Transportation
or the State or Township of Chatham designates as a hazardous material;
and
Does not present any appreciable traffic or safety concerns.
Shall mean buildings, structures, pavement, porous construction
material, or other improvements which prevent normal groundwater absorption.
[Amended 4-25-2023 by Ord. No. 2023-04]
Shall mean buildings, roofed structures, pavement, driveways,
parking and turnaround areas, sidewalks, patios, porous construction
material, and other improvements which prevent normal ground water
absorption, excluding decks and the surface area of swimming pools.
[Amended 4-25-2023 by Ord. No. 2023-04]
Shall mean a detention basin designed to infiltrate retained
water to the subsurface and which is not an injection well.
Shall mean public buildings, municipal and other nonprofit
uses, including churches, schools teaching academic subjects and hospitals.
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.
Shall mean a judgment issued by the Superior Court approving
a municipality's plan to satisfy its fair share obligation.
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.
Shall mean a retaining wall four 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.
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.
Shall mean a legally established and existing parcel of land
with boundaries determinable from official records.
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 25 feet of the center line of the street.
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.
Shall mean any security, other than cash, which may be accepted
by the Township for the maintenance of any improvements required by
this chapter.
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:
Any site plan or subdivision plan that will ultimately cover
one or more acres of land with additional impervious surfaces;
Any construction of one or more of the following uses:
Feeding and holding areas that provide for more than 100 head
of cattle or 15,000 hens, 500 swine, 4,000 turkeys, 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;
Pipelines, storage, or distribution systems for petroleum products
or chemicals;
Storage, distribution, or treatment facilities (excluding individual
on-site sewage disposal systems) for liquid waste;
Solid waste storage, disposition, incineration, or landfill;
Quarries, mines, or borrow pits;
Land application of sludge or effluents;
Storage, distribution or treatment facilities for radioactive
waste.
Shall mean any subdivision not classified as a minor subdivision.
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.
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.
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.).
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.
Shall mean any subdivision containing not more than three
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.
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.
Shall mean the Planning Board, the Zoning Board of Adjustment,
the Board of Health or the Township Committee of the Township of Chatham.
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.
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.
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:
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.
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.
Installation of new improvements and extensions and modifications
of existing improvements.
Shall mean a building devoted to offices for the performance
of professional, executive or administrative functions.
Shall mean a map adopted by Ordinance of the Governing Body
pursuant to Article 5 of P.L. 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.
Shall mean located on the lot in question.
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.
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.
Shall mean all light fixtures other than those located within
the confined space of a building.
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.
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.
Shall mean an accommodation for the off-street parking of
a motor vehicle which space shall have an area required by this chapter.
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.
Shall mean any individual, firm, co-partnership, corporation,
company, association or other organization, including any trustee,
receiver, assignee or other similar representative.
Shall mean planned unit development, planned unit residential
development or residential cluster, including townhouse, quadruplex
and apartment developments.
Shall mean the map or maps of a subdivision.
Shall mean a porch or walkway with a roof supported by columns,
often leading to the entrance of a building.
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.
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.
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.
Shall mean a structure arranged, adapted or designed for
the predominant or primary use for which a lot may be used.
Shall mean the primary or predominant use of the premises.
Shall mean an office used for the practice of a learned profession
including, but not limited to law, medicine, dentistry, engineering,
architecture and accounting.
Shall mean a building which is owned and used by a governmental
agency.
Shall mean a building containing four townhouse dwelling
units.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean the replenishment of underground water reserves.
Shall mean permeable soils which have a high capacity or
ability to absorb storm water and replenish ground water.
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.
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.
Shall mean the highest level reached by ground water during
the year, usually but not necessarily occurring during the months
of January through April.
Shall mean a building or buildings containing one or more
dwelling units restricted by deed or other instrument to occupancy
of each dwelling unit by a person or persons in any one of the following
categories: up to two individuals, both of whom are 55 years of age
or older; a man and wife, either one of whom is 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 55 years
of age or older or a single person over age 20 but under age 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.
Shall mean the required yard or distance between buildings
and property lines.
Shall mean soils having a seasonal high water table within
two feet of the ground surface.
Shall mean a building or part thereof in which or from which
a service is rendered directly to the ultimate consumer.
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.
Shall mean ownership by one person or by two 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.
Shall mean a plan of one 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.
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
or tobacco paraphernalia, including providing an area for smoking
tobacco products, but excluding any grocery store, supermarket, convenience
store or similar retail use that sells tobacco products shall not
be included within the definition of smoke shop. An area for "smoking"
shall mean the burning of, inhaling from, exhaling the smoke from,
or the possession of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco or any other matter that
can be smoked, or the inhaling or exhaling of smoke or vapor from
an electronic smoking device.
[Ord. No. 2018-24 § 1]
Shall mean a slope with a grade of 15% or greater.
Shall mean a building or part thereof in which or from which
merchandise is sold directly to the ultimate consumer.
Shall mean water produced by rain, flood, drainage, springs
and seeps flowing over the land surface or in a stream.
Shall mean any flow of water over the land surface.
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.
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 50% or more of the aggregate surface areas of all walls located
above grade or having 50% 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.
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 feet or less occupies at least 40% of the total floor area
of the story directly beneath.
Shall mean any body, either natural or man-made, of constantly
or intermittently flowing water whether designated as a stream, brook,
rill or otherwise and consisting of bed, banks and watercourse.
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 STREETSThose which are so designated on the current Master Plan.
MINOR STREETSAll streets not designated as major streets on the current Master Plan.
Shall mean the right-of-way line of a street as indicated
by public usage, dedication or deed of record.
Shall mean a retaining wall greater than four 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.
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.
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".
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
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 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".
Shall mean a committee of at least three 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.
Shall mean a determination by the Council approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Act and the rules and criteria set forth herein. A grant of
substantive certification shall be valid for a period of six years
in accordance with the terms and conditions contained therein.
Shall mean the latest edition of the maps entitled "Surface
Drainage Maps, Township of Chatham" on file in the office of the Township
Clerk.
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.
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".
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
Shall mean a contiguous area within the boundaries of a lot,
but outside of required lot setbacks, 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 predevelopment
slope of between 15% and 20%; not more than 20% of the usable lot
area shall have a predevelopment slope of between 20% and 25%; and
no predevelopment slope over 25% shall be within the usable lot area.
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of electronic smoking
devices, liquid nicotine, liquid nicotine containers or vapor product
as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2), N.J.S.A.
2A:170-51.9(a)(3) and N.J.S.A. 2A:170-51.9(a)(4), including an area
for vaping. An area for "vaping" shall mean the inhaling or exhaling
of smoke or vapor from any electronic smoking device.
[Ord. No. 2018-24 § 1]
Shall mean permission to depart from the literal requirements
of a zoning regulation.
Shall mean:
ARCHITECTURAL WALLShall 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 WALLShall mean a retaining wall less than 3 feet in height, which does not support any site improvement within three feet of the top of the wall.
STRUCTURAL RETAINING WALLShall mean a retaining wall greater than 3 feet in height, or a retaining wall with any site improvement located within a distance from the top of the wall equal to the height of the retaining wall.
Shall mean the course followed by water in a stream.
Shall mean an area of surface water runoff related to a point
of concentration.
Shall mean a detention basin designed to retain some water
on a permanent basis.
Shall mean those areas inundated or saturated by 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 as sloughs,
potholes, wet meadows, streams, lakes, ponds as well as areas in which
the seasonal high water table is within six inches of the ground surface.
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 as 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.
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 YARDA yard situated between the principal structure and the street right-of-way line, extending across the full width of the lot.
SIDE YARDA yard situated between the principal structure and a side line of the lot, extending between the front yard and the rear yard.
REAR YARDA yard situated between the principal structure and the rear lot line, extending across the full width of the lot.
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.
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.
