A.
Zone Map. The Borough of Chester is divided into the
zoning districts described in this article. These are established
by designations, locations and boundaries as set forth on a map entitled
“Chester Borough Zoning Map & Highlands Center, October
2020," and on file in the office of the Borough Clerk. This map is
entitled "Zoning Map of the Borough of Chester" and is made part of
this chapter by reference.
[Amended 11-5-2020 by Ord. No. 2020-13]
B.
Zone boundaries. Where uncertainty exists as to any
of the boundaries as shown on the map, the following rules shall apply:
(1)
Zone boundary lines are intended to follow street,
lot or property lines as they exist on plots of record unless such
boundaries are fixed by dimensions.
(2)
Where such boundaries are fixed by dimensions and
where they approximately follow lot lines and where they are not more
than 10 feet distant therefrom, such lot lines shall be construed
to be such boundaries unless specifically known otherwise.
(3)
Distances shown on the map are perpendicular distances
from street lines to zone boundary line, which lines in all cases
where distances are given are parallel to the street lines.
C.
Amendments to Zone Map. Notwithstanding the provisions of that map adopted pursuant to Subsection A, the following properties shall be in the zoning districts as follows:
[Added by Ord. No. 2001-1]
(1)
That portion of Block 1 Lot 9 as set forth on the
attached map prepared by Maser Consulting, dated December 21, 2000,
entitled "Zoning Map," from the B-3, Regional Commercial Zone to the
OP, Office Professional Zone.
(2)
Block 1 Lot 14 from the B-2 Zone to the OP, Office
Professional Zone.
(3)
That portion of Block 1 Lot 13 as set forth on the
attached map prepared by Maser Consulting, dated December 21, 2000,
entitled "Zoning Map," from the RLD Zone to the OP, Office Professional
Zone.
(4)
Block 19, Lots 4.01, 5, 5.01, 6 and 8 shall be designated
within the Neighborhood Cluster -- Lot Averaging Overlay.
[Added 5-4-2004 by Ord. No. 2004-9]
(5)
Block 6, Lots 5, 5.01, 6 and 6.01 and Block 5, Lots
2, 10.01 and 10.02 shall be designated within the Residential Planned
Low Density Zoning District.
[Added 6-15-2004 by Ord. No. 2004-16]
Area, height and bulk requirements - Schedule
1. The schedule of area, yard and building requirements for each zone
and category of use as designated as such and part of this chapter.[1]
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
A.
No building shall be erected and no existing building
shall be moved, altered, added to or enlarged, nor shall any land
or building be designed, used or intended to be used for any purposes
or in any manner other than as specified among the uses hereinafter
listed as permitted in the district in which such building or land
is located.
B.
No building shall be erected, reconstructed or structurally
altered to exceed in height the limit hereinafter designated for the
district in which such building is located.
C.
No building shall be erected, no existing buildings
be altered, enlarged or rebuilt, nor shall any open space surrounding
any building be encroached upon or reduced in any manner, except in
conformity to the yard, lot area, and building location regulations
hereinafter designated for the district in which such building or
open space is located.
D.
No yard or other space provided about any building for the purpose of complying with the provisions of this section shall be considered as providing yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or other open space for a building on any other lot, except that such parking space as is required for certain uses as specified in Article X, and which need not be provided on the same lot with the principal structure or use shall be considered as part of the open space required for the continuance of such use but may be relocated in a manner so as to conform, in all other aspects with the requirements of this chapter subject to approval by the Board of Adjustment or Planning Board.
E.
Notwithstanding, the limitations imposed by any other
provisions of this chapter, the Board of Adjustment may, on any lot
separately owned and containing at the time of passage of this article
an area or width smaller than required for the district in which it
is located, permit erection of a building or structure or the use
of the land in conformity with the appropriate use regulations.
F.
Area. Every part of a required yard shall be open
and unobstructed by any building from its lowest level to the sky,
except for the ordinance projection of sills, belt courses, chimneys,
flues, buttresses, ornamental features and eaves; provided, however,
that none of the aforesaid projections shall project into the minimum
side yards more than 24 inches.
G.
Height. Nothing in this section shall prevent the
erection above the building height limit of a parapet wall or cornice
extending above such height limit not more than four feet. The height
limitations of this section shall not apply to church spires, belfries,
cupolas, domes not used for human occupancy, nor to chimneys, ventilators,
skylights, water tanks, bulkheads, television aerials and necessary
mechanical appurtenances usually carried above the roof level, except
where in the opinion of the Board of Adjustment such may be deemed
to interfere with aerial navigation or constitute a fire hazard. Such
features, however, shall not exceed in total coverage 20% of the total
roof area, and shall not exceed a reasonable height to be determined
upon reference of all such cases to the Board of Adjustment by the
Zoning Officer.
H.
Street frontage. Every dwelling structure shall be
built upon a lot with frontage upon a street.
I.
Intersections. At the intersection of two streets,
no hedge, fence, or wall higher than 21/2 feet above curb level, nor
any obstruction to vision shall be permitted on any lot within the
triangular area formed by two intersecting street lines bounding said
lot or the projection of such lines, and by a line connecting a point
on each street line located 25 feet from the intersection of the street
lines or the projection of such lines.
J.
Corner lots. Corner lot is a lot at the junction of,
and having frontage on two or more intersecting streets. A corner
lot is also a lot bounded on two or more sides by the same street.
Each area fronting on a street shall be considered a front yard, and
all front yard requirements of this chapter shall be met. Yards not
classified as front yards are side yards.
K.
Trailers/recreational vehicles, campers, mobile homes
and boats. In all zones such items as campers, trailers/recreational
vehicles, mobile homes and boats shall be kept and stored to the rear
of the main building and are not to be occupied.
L.
Prohibited activities. The following uses and activities
are specifically prohibited in any zone in the Borough of Chester:
(1)
Airports and heliports.
(2)
Auction markets.
(3)
Automobile wrecking yards or disassembly yards.
(4)
Billboards, signboards, commercial signs and devices
not expressly related to the business being conducted on the premises
or otherwise specifically permitted by ordinance.
(5)
Carousels, merry-go-rounds, roller coasters, open
air theaters, Ferris wheels, whirl-a-gigs, pony rides, midways or
side shows and similar outdoor commercial recreational uses, unless
otherwise permitted by license duly issued by the Borough Clerk.
[Amended 10-21-2003 by Ord. No. 2003-14]
(6)
Explosive storage, except small arms ammunition, or
by special permit where explosives are to be used on premises.
(7)
Incineration, reduction, storage or dumping of slaughterhouse
refuse, rancid fats, garbage, dead animals or offal, except by the
municipality or its agents.
(8)
Migrant labor camps or housing, except where provided
on the premises where the individuals housed therein are employed,
and then only if applicable statutes and ordinances are complied with.
(9)
Private operated dumps for the disposal of garbage,
trash, refuse, junk or other such material.
(10)
The open display, sale or use of any amusement,
activity, entertainment, material, sign, photography or any publication
of a lewd or lascivious nature.
(11)
[1]The open storage of unlicensed and/or inoperative vehicle
or the used parts of any motor vehicles or material which has been
a part of any motor vehicle in a front or side yard.
[1]
Editor's Note: Former Subsection L(11), regarding open storage
of more than two unlicensed and/or inoperative vehicles, was repealed
8-18-2009 by Ord. No. 2009-13; said ordinance also redesignated former
Subsection L(12) through (19) as Subsection L(11) through (18).
(12)
Seasonal cottages, bungalow colonies, or camps
operated commercially.
(13)
Slaughtering.
(14)
Agriculture shall not include intensive swine
or poultry activities or extensive feedlot operations exceeding 100
animals.
(15)
Travel trailers used as dwellings.
(16)
Travel trailer coach parks and/or overnight
or tourist cabins.
(17)
Used automobile, truck, recreation vehicle,
boat or similar vehicle sales lots.
(18)
Outdoor vending machines not accessory to a
retail sales or service business.
(19)
Cannabis establishments, distributors and delivery services prohibited.
[Added 5-7-2019 by Ord. No. 2019-03; amended 7-6-2021 by Ord. No. 2021-10]
(a)
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Chester, except for the delivery of cannabis items
and related supplies by a licensed cannabis delivery service based
and initiated from a cannabis delivery service licensed location outside
of the Borough of Chester.
(b)
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
For purposes of this subsection, the following definitions shall
apply:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et
al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied
to any offense set forth in the "New Jersey Controlled Dangerous Substances
Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A.
4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off- premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
M.
Uses permitted in all zones. The right to engage in
commercial agriculture as defined herein, shall be permitted in any
zone, and it shall be presumed that such uses, activities and structures
in connection therewith shall not constitute a public or private nuisance,
provided that such agricultural uses are conducted in conformance
with the acceptable agricultural management practices defined herein.
Further, the maintaining and grazing of horses and cattle is permitted
in all zones, provided that the tract on which they are maintained
shall have an area of not less than three acres. One such animal may
be kept on a three-acre tract; two such animals on a five-acre tract.
One additional animal shall be permitted to be kept for each acre
exceeding five acres. All uses and structures customarily incidental
to commercial agriculture shall be permitted accessory uses in all
zones set forth hereinabove, including:
(1)
The storage, processing and sale of farm products
where produced;
(2)
The use of irrigation pumps and equipment;
(3)
The application of manure, chemical fertilizers, insecticides,
pesticides and herbicides;
(4)
On-site disposal of organic agricultural waste;
(5)
Installation of soil and water conservation practices
in accordance with the provisions of the Borough of Chester Soil Conservation
Ordinance requirements;
(6)
Transportation of slow moving equipment over roads
within the Borough;
(7)
Utilization of tractors and other necessary equipment;
(8)
The employment of farm laborers, consistent with the restrictions of § 163-70L(8);
(9)
The creation of noise, dust, odors and fumes inherently
associated with such uses;
(10)
The conducting of farm practices at any and
all times when necessary;
(11)
Provisions for the wholesale and retail marketing
of the agricultural output of the farm which include the building
of temporary and permanent structures and parking areas for said purpose
which all must conform to municipal land development standards; and
(12)
The raising and keeping of farm animals, including
pets, pastoral farm animals (dairy and beef cattle, sheep and goats),
swine, fowl, horses, ponies, and mules, provided that proper sanitation
standards, minimum acreage limits and boundary sizes between fencing
or enclosures and joining properties are established.
N.
Accessory uses permitted in all zones.
(1)
Farm stand as an accessory use to a permitted home
agricultural and horticultural use with a portion of the agricultural
lot to be used as a farm stand. A home agricultural and horticultural
farm stand means any farm stand conforming to the following:
(a)
The production, principally for use or consumption
of the property owner, of plants, animals or their products and for
sale to others where such sales are incidental, including, but not
limited to, gardening, fruit production, and poultry and livestock
products for household use only.
(b)
The farm stand, the retail sale of farm products
and any outdoor display area is permitted on lots of less than five
acres and which are not farmland assessed or operated as a commercial
farm, provided that:
[1]
The products provided for sale are grown on
the property.
[2]
No building containing a permanent retail display
area or farm stand is constructed and all temporary display area of
farm stands are removed from public view when not utilized for the
display of merchandise.
[3]
The retail display area within a farm stand
shall not exceed 150 square feet of gross area.
[4]
The operation of the retail activities does
not result in traffic congestion on abutting streets or endanger the
public by interfering with the safe and convenient flow of traffic
on the public streets.
(2)
A commercial farm stand conforms to the following:
(a)
The site requirements necessary to qualify as
a commercial farm under the Right to Farm Act as follows:
[1]
Is eligible to meet the site requirements of
the Farmland Assessment Act of 1964.
[2]
Produces $2,500 of agricultural commodities
annually.
[3]
The agricultural operation conforms to appropriate
agricultural management practices and all relevant federal or state
statutes or rules and regulations adopted pursuant thereto.
[4]
The operation does not pose a direct threat
to public health and safety.
(b)
A commercial farm stand shall meet the following
requirements:
[1]
A farm stand shall not be fully enclosed.
[2]
The portion of the farm stand utilized for retail
display shall be open to the air on at least one wall during business
hours.
[3]
The farm stand may be heated either with a permanent
or portable heating system.
[4]
Within the farm stand, an area may be fully
enclosed to provide area for the preparation and/or storage of products
offered for sale.
[5]
A building shall not contain a retail sales
area greater that 1,250 square feet. Outdoor display area shall not
contain more than 1,500 square feet.
[6]
There will be no sanitary sewerage system unless
such a use is currently present in an existing building that is utilized
as a farm stand.
(c)
Maximum building height for new structures or
additions shall not exceed 20 feet in height or contain more than
11/2 stories.
[1]
The maximum allowed improved lot coverage shall
not exceed 10% of the lot area.
(d)
Notwithstanding other sections of this chapter,
no display area or farm stand shall be erected in violation of any
existing setbacks for residential zones.
(e)
Parking area shall conform to the following:
[1]
The parking area shall be of sufficient size
as to accommodate all patrons. No parking shall be permitted within
a public road right-of-way and must be set back 10 feet.
[2]
No portion of a parking area shall be closer
than 100 feet to the nearest side and rear property lines.
[3]
The parking area surface shall consist of 3/4
inch road stone, not less than four inches thick and shall not be
paved. Parking for sale periods of short duration shall be permitted
on grassed areas.
(f)
No driveway shall be closer to the side yard
than 75 feet.
(g)
The operation of the retail activities must
not result in traffic congestion on abutting streets or endanger the
public by interfering with the safe and convenient flow of traffic
on the public streets and be reviewed by the Public Safety Control
Officer of the Borough of Chester.
(h)
Outdoor lighting shall be designed to provide
for safety and security without illuminating adjacent properties.
There shall be no glare when observed from adjacent properties or
public roads. Nothing herein shall be construed to require outdoor
lighting.
(i)
There shall be no loudspeakers or playing of
amplified music that is audible beyond the limits of the property
line.
(k)
Any agricultural or horticultural product grown
on the farm may be offered for sale. A bona fide relationship must
exist between the agricultural and horticultural commodities produced
at the site and those marketed. In addition, fresh fruits, fresh vegetables,
cider, horticulture products, honey, jams and jellies and cut evergreen
trees grown and processed off site may be sold. Retail activities
such as the preparation and sale of fast food or the sale of products
associated with convenience stores are expressly prohibited. It is
the primary intent of these regulations to provide farmers with an
outlet to sell their agricultural products and to make those farm
products accessible to the public for purchase.
(l)
Minor site plan approval shall be required for
the construction of any farm stand or display area containing a retail
display area in excess of 150 square feet.
(m)
Not more than one building containing a retail
display area or detached farm stand shall be permitted.
(n)
Not more than one outdoor display area shall
be permitted.
(o)
If the commercial agricultural production is
discontinued at the site, the retail display area or farm stand, except
for preexisting structures, and the associated parking area shall
be reduced or removed accordingly within 120 days.
O.
Accessory building. Unless specified elsewhere in
this chapter, accessory buildings or structures shall conform to the
following regulations to their location on the lot.
(1)
Accessory buildings or structures may occupy not more
than 25% of the rear yard area in any residential zone, and not more
than 40% of the rear yard area in business or industrial zones, provided
that such accessory buildings or structures shall not exceed 15 feet
in height. Such accessory buildings or structures shall be included
in computing the maximum percentage of the lot area which may be built
upon in any given case.
(2)
In the case of an interior lot abutting on one street,
no detached accessory building or structure shall be erected or altered
so as to occupy the front half of the lot except where lots are over
200 feet in depth, this setback need not exceed 100 feet.
(3)
In the case of an interior lot abutting on two or
more streets, no detached accessory building or structure shall be
erected or altered so as to occupy the 1/4 of the lot nearest either
street.
(4)
Accessory buildings on corner lots may not be erected
nearer than the front yard required on the adjacent lot; requirement
need not exceed 100 feet measured in the direction of such excessive
width or depth.
(5)
In the case of a corner lot abutting on more than
two streets, no detached accessory building shall be erected or altered
so as to be nearer to any street line than 1/4 the width or length
of the lot, except that such setback need not exceed 100 feet.
(6)
A garage attached to any side of the dwelling or constructed
as a part of such dwelling shall be considered a part of the dwelling
and not as an accessory building and shall meet all requirements for
front, side or rear yards, other setbacks and height of structure.
(7)
Swimming pools. Private swimming pools are permitted
accessory structures when constructed pursuant to a validly issued
building permit, in all zones, for use by occupants of principal structures
but not a commercial use except as may otherwise be permitted herein.
All swimming pools shall adhere to the following standards:
(a)
Pools shall be located only in rear yard and side yard areas where accessory buildings and structures are permitted as regulated by Subsection O(1) hereof.
(b)
The required setback of any pool and associated
equipment shall be in conformance with the required setbacks for accessory
structures, however, further that in no case shall the edge of any
pool be closer than 10 feet from any building or lot line in the event
that lesser required setbacks are permitted. The edge of the pool
shall be defined as the edge of the water surface.
(c)
Pools shall be completely enclosed by a permanent
fence in accordance with the required building codes as per the New
Jersey Uniform Construction Code (NJUCC).
(d)
Lights used above the surface of the water to
illuminate any swimming pool shall be so arranged and shielded that
the light will be reflected away from adjoining premises.
(8)
Fences permitted in residential districts.
[Added 9-1-2009 by Ord. No. 2009-14]
(a)
Solid, semi-open and open fences, up to six feet in height shall
not be located closer to the front lot line than the front building
line of the principal structure (excluding minor projections). Such
fences may extend to the side and rear property lines.
(b)
Semi-open and open fences up to four feet in height may be located
anywhere on the lot up to the lot lines.
(c)
No fence shall obstruct a sight triangle at an intersection.
(d)
Where a rear property line of a corner lot is also the side lot line of a contiguous residential lot, all fence regulations as set forth in § 163-70 shall apply.
(e)
Solid fences not exceeding six feet in height shall be permitted
along any property line abutting a commercial or industrial district.
(f)
"Solid", "semi-open" and "open" fences as used in this section
shall be defined as follows:
|
Solid
(50% or more solid)
|
Semi-Open
(25% up to 50%)
|
Open
(up to 25%)
|
|---|---|---|
|
Solid picket
|
One-by-two wood screen
|
Split rail
|
|
Board
|
Contemporary picket
|
Contemporary rail
|
|
Board and batten
|
Cinder or concrete block laid on side
|
Wire mesh
|
|
Louver panel
|
Rail and wire mesh
| |
|
Staggered board
| ||
|
Panel
| ||
|
One-by-four wood screen
| ||
|
Brick
|
(g)
Environmental issues, i.e. wetlands.
(h)
Historic Preservation Committee review, if required.
P.
No building, structure, lot or property, or portion thereof, shall be used, altered or modified, for any purpose other than one- or two-family residential or agricultural purposes unless prior to such use a site plan shall have been submitted and approved pursuant to Article VI of this chapter no other than in strict compliance with such plan as approved.
(1)
Site plan application and review for existing developed
properties where a change in use is proposed. Any proposed change
of use from one permitted use to another permitted use in that zone
will require an updated review of the site plan by the Planning or
Zoning Board, except where the Zoning Officer determines that the
proposed change of use is permitted and is consistent with the existing
approved site plan resolution. The site plan application and review
are not required for one- or two-family residences. No construction
permits are to be issued for any addition, alteration and/or modification
to any structure and site until the appropriate board has given its
approval or the Zoning Officer has authorized the proposed change
in use.
[Added 10-4-2005 by Ord. No. 2005-20; amended 6-1-2009 by Ord. No. 2009-6]
(a)
Waiver of site plan review. For variance-free
proposals involving permitted uses that meet the definition of "minor
site plan" in this chapter, the Planning Board may grant a waiver
of the site plan approval requirement. The Planning Board shall not
grant such a waiver unless the applicant demonstrates that its proposal
falls within the bounds defined as a "minor site plan," and that the
proposed change will have no adverse impact upon any of the following
areas considered during the site plan application process: fire safety,
fire prevention, parking, traffic safety, vehicular and pedestrian
access, on-site traffic volume, trip generation, traffic circulation,
loading and delivery requirements, control of noise levels, outdoor
lighting and its glare, impervious coverage, stormwater infiltration,
screening and buffering from neighboring properties, wastewater discharge
volume or strength, regulated wetlands and transition areas, earthbound
or sonic vibrations, heat or smoke emissions, odors, radiation, water
supply, nothing exceeding the original site plan approvals, design
which is subject to historic preservation zoning review requirements,
any conditions identified at N.J.S.A. 40:55D-7 "Site plan" and the
"Standards of performance," and any other conditions set forth in
the original approvals.
(b)
Site plan waiver request. A site plan waiver
is an acknowledgement by the Planning Board that the condition of
the property is satisfactory, meets all chapter requirements, and
has no adverse impact upon the parameters of the existing site plan
approvals identified in the preceding subsection, both presently and
after proposed change in use. A waiver may be issued only by the Planning
Board in connection with a minor site plan application, filed with
the appropriate fees, review deposits and information reasonably required
for the Planning Board to make an informed decision in the waiver
request, based upon the standards set out in the chapter. The Planning
Board shall decide the waiver request during the time allowed for
completeness review by statute (N.J.S.A. 40:55D-1 et seq.). Failure
of the Planning Board to act within this time shall constitute a denial
of the waiver application. Upon review of the application by the Borough
representative, if a waiver for the site plan is determined, the application
fees and/or escrows can be returned to the applicant.
Q.
Decks, patios and similar structures attached or adjacent
to the principal structure shall conform to all setback requirements
for a principal structure in the zone district. Decks, patios and
similar structures not attached or adjacent to the principal structure
shall conform to the setback requirements for an accessory structure
in the zone district.
R.
All new single-family lots not served by public or
common water and sewer systems shall be at least 40,000 square feet
in size, exclusive of wetlands.
S.
Anything herein notwithstanding, a wireless telecommunications facility may exceed the area, height and yard requirements of the district in which it is located, provided that it can satisfy the requirements of a conditional use as set forth in § 163-75, subject however to the following requirements and conditions.
[Added 7-10-2000 by Ord. No. 2000-12]
(1)
Height.
(a)
Where permitted, wireless telecommunication
towers and antennae may exceed the maximum building height limitations,
provided that the height has the least visual impact and is no greater
than required to achieve service area requirements and potential collocation,
when visually appropriate.
(b)
Wireless telecommunications equipment facilities
shall be limited to 12 feet in height.
T.
Site modification, etc., nonresidential zones. In all nonresidential zones, no demolition, excavation, site clearing or grubbing or the removal or cutting of any vegetation, shrubs or trees or site grading shall be permitted except pursuant to an application for development nor until all necessary approvals have been granted, all necessary fees have been paid and notice given as required by § 163-49 herein.
[Amended 9-4-2001 by Ord. No. 2001-19]
V.
Alteration or enlargement of a nonconforming, detached, one-family
residence. A lawfully existing one-family dwelling that is located
on a nonconforming lot due to lot size may have an addition or be
altered or enlarged as a one-family dwelling use, provided that the
Zoning Officer determines that the proposed addition, alteration or
enlargement will not extend any existing nonconforming condition,
and provided further that the dwelling with the addition, alteration
or enlargement will not exceed:
[Added 8-6-2013 by Ord. No. 2013-8]
A.
Requirements for all residential zones.
(1)
Permitted uses in residential zones. In residential
zones no lot shall be used and no structure shall be erected, altered
or occupied for any purpose except the following:
(a)
Detached single-family dwellings and accessory
structures and uses normally auxiliary thereto. Occupancy shall be
limited to not more than one family.
(b)
Other uses and structures specifically permitted
in individual residential zones.
(c)
Parks and playgrounds are permitted if safely
constructed and operated.
(d)
Necessary public utilities and services except:
[1]
Public utility activities of an industrial character
such as repair and maintenance yard, storage facilities, classification
yards and round houses, or of a residential nature such as work camps,
group housing or boardinghouses are prohibited.
[2]
No zoning permit is required for utilities to
be located in public streets or rights-of-way.
[3]
No public utility activity shall be conducted
in such a fashion that it shall cause interference with radio or television
reception beyond the limits of the property it occupies.
[4]
Electric power substations and telecommunications
repeater station structures shall, where permitted by this chapter,
be required to comply with only the minimum lot, yard, area and setback
requirements prescribed for the RLD Zone.
(2)
A temporary emergency use permit for a mobile home
may be issued by the Zoning Officer for a period not to exceed six
months to the conditions set forth in this subsection. If any legal
single-family detached dwelling is totally or partially destroyed
by fire, flood or other natural disaster or catastrophe, the owner
thereof, or tenant, provided that said tenancy existed at the date
of the disaster or catastrophe, but with the consent of the owner,
may apply to the Zoning Officer for a mobile home-temporary emergency
use permit which would permit the applicant to place upon this same
property as aforesaid, a single mobile home to be occupied by said
applicant as a dwelling subject to the conditions and limitations
set forth as follows:
(a)
The applicant must meet and satisfy all health,
sanitary and building code requirements as may be determined by the
authority having jurisdiction.
(b)
The placement of the mobile home must comply
with all zoning requirements.
(c)
The applicant must certify in writing to the
Zoning Officer that the applicant is in the process of repairing or
reconstructing the subject dwelling, that he has made funds available
from insurance or other sources to complete the repairs or construction,
and that such repairs or construction are contemplated to be completed
within six months from the date the mobile home is moved onto the
premises.
(d)
Revocation of mobile home temporary emergency
use permit may be made by the Zoning Officer upon 15 days notice to
the applicant if the applicant does not actively engage in repairs
or construction within reasonable time of the granting of the permit.
If within two months of issuance of the mobile home temporary emergency
use permit a building permit is not issued to the applicant for the
purposes of repairs and construction necessary to enable the applicant
to move back into the dwelling, such fact shall be presumptive evidence
of the failure of the applicant to make reasonable progress in the
completion of repairs or construction. In the absence of a good cause
shown by the applicant justifying the delay, such fact in and of itself
may justify revocation of the permit.
(e)
In the event that repairs or reconstruction
are not completed within the six months contemplated in this chapter,
the mobile home shall be removed on or before the expiration of the
six months or an extension granted within the same time period by
the Board of Adjustment of the Borough of Chester and then only upon
a showing of good cause and reasonable diligence.
(3)
Permitted accessory uses. Customary accessory structures
and buildings, provided that such uses are incidental to the principal
use. Any such accessory building or use shall be located on the same
lot as the principal building. The following accessory uses are permitted
with limitations and conditions:
(a)
Garages accessory to single-family dwellings
may be erected on a single lot for no more than three cars.
(b)
Private swimming pools meeting the requirements of § 163-70O(7), above.
(c)
Home occupation.
(d)
Private professional offices.
(4)
Area, yard and building requirements shall be as specified
for these zones in Schedule 1.[1] The lot size in these zones shall be of sufficient size
to handle all on-site sewage disposal and domestic water systems as
may be required by the Board of Health or as otherwise required in
the specific zone or by law.
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
B.
RHD - Residential High Density Zone.
(1)
Permitted uses.
(2)
Area, yard and building requirements as specified
in Schedule 1[2] of § 163-69 for this zone unless modified in accordance with the standards set forth in § 163-70 or as follows:
(a)
Required frontage: flag lots. All structures
shall be built upon a lot with frontage on a public street, except
senior housing which alternatively may be located on a flag lot meeting
the following minimum criteria:
[1]
Staff size. The staff of the flag lot must have
45 feet of frontage along a public street to permit the construction
of a driveway connection.
[2]
Size of the flag lot. The main body of the flag
lot must be of such size and shape that at a minimum there can be
inscribed within the lot lines a circle having an area of at least
two acres.
[3]
Maximum length of staff. The distance from the
street line to the nearest point on the circumference of an inscribed
circle as referenced above shall not be more than 600 feet.
[4]
Building setback. No structure shall be located
in any portion of the "staff." All structures on any flag lot shall
be set back 50 feet from all lot lines.
[5]
Driveway standards.
[a]
The driveway shall be a minimum
of 24 feet wide constructed to standards matching those required for
new interior streets in residential subdivisions.
[b]
The maximum grade shall not exceed
10%. Within 50 feet of the street line the maximum grade shall not
exceed 2%.
[c]
A turnaround shall be provided
at the structure end of the driveway with a radius of not less than
40 feet or, in the alternative, a traffic circulation plan shall be
provided that will assure ingress and egress in the same manner as
contemplated by a forty-foot radius cul-de-sac turnaround.
[d]
Provisions shall be made respecting
adequate drainage for the driveway so as not to change the existing
drainage pattern and/or to minimize the flow of surface water on to
public roads and adjoining properties.
[e]
The driveway entrance into the
public road shall provide adequate radii and sight distances using
the lawful speed in said roadway as the design speed for said calculations
of sight distance.
[2]
Editor's Note: Schedule 1 is included at the end of this chapter.
(3)
Residential density. Minimum lot areas as specified
in Schedule 1 for residential uses permitted in this zone.[3]
[3]
Editor's Note: Schedule 1 is included at the end of this chapter.
(4)
Conditional uses.
[Amended 1-22-2002 by Ord. No. 2002-3]
(a)
Institutional uses as follows: hospitals (excluding
hospitals exclusively for the confinement of patients with contagious
diseases or for the insane), and multifamily housing for persons of
low- to moderate-income who are also either senior citizens or disabled
persons, (hereinafter referenced as "senior housing"), providing further,
that the owner and sponsor, can demonstrate to the satisfaction of
the approving authority that the proposed multifamily housing development
will be financed in such a manner as to serve low- to moderate-income
persons and families qualifying as senior citizens or disabled persons,
as defined by the laws of the United States pertaining to housing
for senior citizens and disabled persons.
C.
RLD - Residential Low Density Zone.
(1)
Permitted uses.
(b)
Churches, schools and colleges, provided the same are owned and operated by a public or quasi-public entity or non-profit corporation or association, and public libraries, as defined by statute, which uses shall be subject to Article VI, Site Plan Review.
[Amended 1-22-2002 by Ord. No. 2002-3]
(c)
Residential and commercial agriculture and horticulture.
(2)
Area, yard and building requirements as specified
in Schedule 1[4] for this zone unless modified in accordance with the standards set forth in § 163-70.
[4]
Editor's Note: Schedule 1 is included at the end of this chapter.
(3)
Residential density. Minimum lot area as specified
in Schedule 1 for single family for residential uses.[5]
[5]
Editor's Note: Schedule 1 is included at the end of this chapter.
D.
MHP - Mobile Home Park Zone.
(3)
Residential density. Maximum density for mobile home
parks as specified in Schedule 1. Other residential uses per RHD Zone
on Schedule 1.[6]
[6]
Editor's Note: Schedule 1 is included at the end of this chapter.
E.
R PLD - Residential Planned Low Density Zone. The
purpose of this zone is to permit the development of planned low density
single-family residential development, for the redevelopment of vacant,
underutilized industrial lands.
[Added 6-15-2004 by Ord. No. 2004-16]
(1)
(2)
The maximum density permitted in the R PLD Zone shall
not exceed one dwelling unit per three gross acres of land.
(3)
The number of lots permitted under this section shall
be determined by the submission of a variance-free qualifying plan
which conforms to the bulk requirements in Schedule 1 — Part
1, Schedule of Lot Area, Yard and Building Requirements[7] applicable to the RLD Zoning District.
(a)
Individual lots within the overlay shall not
be less than two acres of land and shall conform to the area, yard
and setback requirements of the RLD Zoning District.
(b)
Residential development shall be set back not
less than 400 feet from County Route 510 to maintain an open vista
at this gateway location to the Borough along this heavily traveled
transportation corridor.
[7]
Editor's Note: Schedule I is included at the end of this chapter.
(4)
Excluded land. To maintain openness and conserve land,
a minimum of 20% of the gross tract area shall be excluded from individual
residential lot area, roads and stormwater management facilities.
(a)
Excluded land may include constraints such as
easements, wetlands and their transition areas, floodplains and steep
slopes.
(b)
Not less than 10% of the unconstrained tract
area shall be excluded land. Unconstrained tract area includes land
unencumbered by easements, wetlands and their transition areas, floodplains
and steep slopes (i.e., slopes in excess of 20%).
(c)
Excluded land may be privately owned or may
be offered to the Borough of Chester in the form of a letter from
the applicant at the time an application for subdivision is made to
the Planning Board. Within 60 days of receiving a letter offering
excluded land with or without improvements thereto or thereon to the
Borough, the Borough Council shall determine whether to accept or
reject the offer of excluded land. The terms and conditions of any
offer and acceptance thereof shall be incorporated into a developer's
agreement. Privately owned excluded land may either be owned and maintained
by a homeowners association of the residential planned low density
development or may be incorporated into individual residential lots.
Privately owned excluded land shall be deed restricted against development
through the use of a conservation or scenic easement. Privately owned
excluded land held in conservation easement may not be counted toward
permitted building and impervious coverage.
(d)
In lieu of providing the minimum required percentage of excluded land, the applicant may offer the Borough not less than 5% of the gross tract for unrestricted municipal use, provided that the land offered to the Borough is unconstrained land. Such in-lieu contribution to the Borough shall not preclude the applicant from identifying additional excluded land as provided in Subsection E(4) above.
(e)
For lands within the R PLD Zone with a history of prior industrial use, the applicant shall submit copies and/or summaries of all environmental investigations and studies conducted for the tract. In addition to addressing the inventory of existing environmental conditions required in § 163-66, the applicant shall provide a Phase I environmental assessment for any lands offered for dedication to the Borough. The governing body may require further investigation if recommended in the Phase I report. The governing body may also require the offerer to provide for cleanup and surety guarantees for cleanup and environmental responsibility associated with an acceptance of such offers of dedication. The applicant shall provide documentation which discloses any findings of contaminants in soil and ground water, as well as recommended remedial actions for cleanup of pollutants identified. The Board may require the applicant to notify prospective homeowners of environmental assessment findings and pollutants existing on the tract
(5)
Architectural review required. Prior to drawing a building permit, individual dwelling units in the residential planned low density development shall be subject to the Borough's architectural review procedures, as found in Article XI of this Chapter. After initial occupancy, additions, alterations and modifications to dwellings within the Zone shall be subject to the architectural review requirements of this subsection. It is the purpose of this requirement to ensure that new residential development be architecturally compatible with the historic and traditional architecture found in the Borough's historic districts.
(a)
Exterior siding finishes on individual dwellings
shall utilize traditional natural building materials, such as clapboard,
shakes, fieldstone and red brick. Modern substitute finishes such
as cementitious siding that replicates the appearance of traditional
siding may be used when approved by the reviewing agency. The use
of stucco is prohibited.
(b)
In general, the combination of building shape,
proportion, articulation and architectural elements used on dwellings
should be appropriately scaled for consistency with the Borough's
historic district traditional architecture, particularly, but not
limited to Carpenter Gothic style, Greek Revival style, Federal style
and Three Shingle style:
[1]
Window style and size shall be thematically
compatible and consistent with Chester's historic architecture. Exterior
entrance doors shall have a traditional appearance.
[2]
Window treatment elements such as shutters should
be used except when inconsistent with the architectural style to be
emulated.
[3]
The use of ornamentation and mouldings on soffit,
facia and cornice boards is encouraged.
(c)
Architectural review and architectural control
notifications shall be included in the deed filed for each lot created.
Deed notification shall state that building additions, alterations
and modifications to dwellings within the Zone shall be subject to
the architectural review requirements of this subsection.
(6)
Buffering.
(a)
A densely planted landscaped buffer, at least
50 feet in width, shall be provided along all tract boundaries. The
buffer shall consist of not less than a staggered double row of coniferous
trees and a mix of indigenous shade and flowering deciduous trees.
At the time of planting, conifers shall be not less than eight feet
in height, shade trees shall be not less than 2 1/2 inches to
three inches caliper, and flowering deciduous trees shall be not less
than 10 feet in height. The landscaped buffer shall be planted sufficiently
to obscure the development from view at the time of planting.
(b)
The minimum width buffer shall be landscaped
with a mix of indigenous coniferous and deciduous trees and shrubs
to effectively screen the view of any development from off tract.
(c)
The Planning Board may require supplemental
buffering such as berming, fencing or walls where it is determined
by the Planning Board that such measures are appropriate.
(d)
The Planning Board may reduce the minimum planting
requirements within the buffer where it can be demonstrated to the
satisfaction of the Planning Board that such lesser buffering measures
will effectively screen the neighborhood from view off tract.
(e)
Where it is demonstrated to the satisfaction
of the Planning Board that existing features, such as hedgerows, mature
vegetation and fences effectively screen the neighborhood from view
off tract, required buffer plantings may be reduced.
(f)
The Planning Board may waive the minimum landscape
buffering requirements, where, in the opinion of the Planning Board,
it is desirable to maintain open views and vistas.
F.
Multifamily
Townhouse Overlay, Block 101, Lots 12.07 and 12.08.
[Added 11-5-2020 by Ord. No. 2020-13]
(1)
Purpose. The purpose of this overlay zone is to provide overlay zoning
and development standards to permit the development of 20 market-rate
townhouses in five buildings on Block 101, Lots 12.07 and 12.08 in
accordance with the terms of the Borough of Chester Settlement Agreement,
dated October 4, 2018 with Turkey Farms Acquisitions, LLC and Larison's
Corner, LLC (hereinafter the "settlement agreement"), which establishes
that the development of 20 market-rate townhouses development shall
be permitted in conjunction with affordable housing as part of the
Borough of Chester's third round affordable housing settlement agreement
with the Fair Share Housing Center (FSHC) (hereinafter referred to
as the "Third Round Settlement"), dated November 1, 2018.
(2)
Permitted uses.
(b)
Single-family townhouses. A maximum of 20 townhouses in five
buildings, with no fewer than three and not more than six townhouse
units per building shall be permitted as depicted in Figure 2.[8] Occupancy shall be limited to not more than one family.
[8]
Editor's Note: Said figure is on file in the Borough offices.
(4)
Area, yard and building requirements shall be as specified hereinbelow.
|
MFT - Multifamily Townhouse Overlay Zone
| |
|---|---|
|
Bulk Requirements
| |
|
Minimum tract area
|
4.4 acres
|
|
Maximum permitted development
|
20 townhouse units
|
|
Setback Requirements
| |
|
Minimum setback to tract boundary
|
40 feet
|
|
Minimum front yard setback
|
50 feet
|
|
Minimum side yard setback
|
25 feet3
|
|
Minimum rear yard setback
|
25 feet
|
|
Maximum building coverage
|
30%
|
|
Maximum impervious coverage
|
50%
|
|
Maximum building height
|
35 feet
|
|
Maximum number of stories
|
2
|
|
Parking Requirements
| |
|
Residential parking
|
Per RSIS
|
|
NOTES:
| |
|---|---|
|
1.
|
Setback includes decks, patios and porches.
|
|
2
|
The requirements of the Mill Ridge Lane Multifamily Townhouse
Overlay District shall not be construed to prohibit subdivision and
no bulk standards will apply to . the subdivision, except that setbacks
shall be maintained between buildings and tract boundaries and buffering
standards to tract boundaries shall not be violated.
|
|
3.
|
There shall be maintained a forty-foot side yard setback including
a twenty-five-foot-wide landscaped buffer comprised of a dense landscaped
planting consisting of a staggered row of a mix of evergreen and deciduous
trees and understory shrubs along the common lot line with Lot 12.09.
A minimum setback of 40 feet shall be maintained between all multifamily
residential development, including patios, decks and porches, and
the common property line with Lot 12.09.
|
(5)
Wastewater. No construction of any component of approved townhouse
development shall commence until wastewater collection and treatment
facilities are fully developed and operational in accordance with
the terms and conditions identified in the Borough of Chester Settlement
Agreement, dated October 4, 2018 with Turkey Farms Acquisitions, LLC
and Larison's Corner, LLC, which requires Turkey Farms Acquisitions,
LLC and Larison's Corner, LLC to develop an on-site wastewater treatment
plant and groundwater disposal facilities for development authorized
for Block 101, Lots 12.07, 12.08, 13, 14, 15 and 16. This shall be
made a condition of any approval that may be granted for townhouse
development.
(6)
Affordable housing development/certificates of occupancy. Townhouse
development authorized in the MFT Overlay District is a component
of the overall development authorized in the settlement agreement,
which includes development of Block 101, Lots 13, 14, 15 and 16 within
a designated redevelopment area, and includes affordable housing development.
This section identifies the sequence by which certificates of occupancy
may be issued for approved townhouse development in accordance with
the completion of affordable housing within the redevelopment area.
(a)
Certificates of occupancy, redevelopment area and Mill Ridge
Lane townhomes that are not included in redevelopment area (Section
3.5 to 3.8 of the settlement agreement).
[1]
Prior to the completion of the first 18 affordable units, the
first five townhomes on Mill Ridge Lane (not part of the redevelopment
area) certificates of occupancy may be granted, provided that the
18 affordable units are under construction as defined in this settlement
(see Section 3.5 of the settlement agreement).
[2]
Upon completion of the first 18 affordable units (50% of the
total affordable units), the developer shall be entitled to final
CO's for 50% of the total market project, including 10 townhomes,
the pharmacy and the 5,000-square-foot office building (Section 3.6).
[3]
COs for townhomes 11 to 20 may be issued upon posting of a performance
bond with the Borough, naming the Borough as the secured party, to
pay the full cost of construction and delivery of the remaining 18
affordable units, which shall be posted in the amount of not less
than $2,250,000 ($125,000 per unit), or in an amount that may be determined
by the Borough Engineer and Tax Assessor, whichever is less; alternatively,
in the event that the affordable units receive LIHTC financing or
other state aid, that award shall govern completion of the affordable
units provided such financing is provided in an amount sufficient
to construct and deliver the remaining 18 affordable units (see Section
3.7 of the settlement agreement).
(b)
The requirements set forth above shall be made a condition of
any approval that may be granted for townhouse development.
A.
Requirements for all business zones.
(1)
Permitted uses. In any business zone no lot shall
be used or no structure erected, altered or occupied for any purpose
except the following:
(a)
The retail sale of goods and the provisions
of services which shall include the following:
[1]
Groceries.
[2]
Florists.
[3]
Confectionery, including soft drinks and similar
nonalcoholic refreshments which may be consumed on the premises.
[4]
Stationery supplies, tobacco, periodicals and
newspapers.
[5]
Barber and beauty shops.
[6]
Custom tailoring and dressmaking employing no
more than 10 persons.
[7]
Dry cleaning and laundry collections, providing
that no processing is done on the premises.
[8]
Shoe repairing.
[9]
Antique and gift shops; furniture stores; hardware
stores; drug stores; package liquors; jewelry stores; clothing and
dry good stores and pet shops.
[10]
Professional offices, banks, commercial
and private schools, clerical occupations of all kinds; insurance
agencies; travel agencies; stock brokerage firms and motor vehicle
agencies.
[11]
Massage, bodywork and somatic therapy establishments, provided no
more than three therapists provide services at the business location.
[Added 7-6-2010 by Ord. No. 2010-20]
(b)
Service and service agencies, such as garages
and auto repair shops, radio and electrical repair shops; offices
of contractors in the building trade, providing that no outside bulk
storage of machines or materials is permitted.
(c)
Hotels, motels, inns, taverns, restaurants and
bars, provided that all business activity is conducted within the
confines of the building.
(2)
Permitted accessory uses. Customary accessory uses
and buildings, provided that such uses are incidental to the principal
use. Any such accessory building or use shall be located on the same
lot as the principal building.
B.
Historic Business Zones.
(1)
B-1 Historic Business Zone.
(a)
Permitted uses.
[3]
Apartments, provided that such apartment use shall be limited to the second floor of structures permitted in Subsection B(1)(a), above.
[4]
Guest rooms, hotels, and bed-and-breakfast accommodations, provided that such short-term overnight guest stays do not exceed 30 days; such use shall be limited to the third floor of structures permitted in Subsection B(1)(a), above. Note: Existing residential apartments in the B-1 Historic Business Zone conforming to zoning as of the date of adoption of this subsection that have been made nonconforming as a result of this subsection shall be permitted to continue and remain without an appeal to the Board of Adjustment for changes, including but not limited to alteration, renovation and substantial rehabilitation; provided, however, that the number of apartments shall remain unchanged and that such changes shall conform to historic district requirements. If building expansion is proposed, such expansion shall conform to the area, yard, and setback requirements applicable to the zone.
[Added 4-5-2022 by Ord. No. 2022-01]
(d)
Area, yard and building requirements as specified
for this zone in Schedule 1[1] unless modified in accordance with the standards set forth in § 163-70.
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(2)
B-1A Historic Business Zone.
[Added 7-18-2006 by Ord. No. 2006-19]
C.
B-2 Neighborhood Business Zone.
(3)
Conditional uses. The following uses may be permitted by the Planning Board subject to the conditions and procedures as specified in § 163-75.
(4)
Area, yard and building requirements as specified
for this zone in Schedule 1[3] unless modified in accordance with the standards in § 163-70.
[3]
Editor's Note: Schedule 1 is included at the end of this chapter.
D.
B-3 Regional Commercial Zone.
(1)
Permitted uses.
(b)
Nursing and rest homes not to exceed 75 patients
or guests at any one time.
(c)
Bakeries employing no more than five persons.
(d)
Regional shopping centers as follows:
[1]
In any comprehensively planned regional shopping
center, the location of main accessory buildings on the site and in
the relation of one another, the traffic circulation features within
the site, entrances and exits, the height and bulk of buildings, the
provisions of off-street parking space, the provision of other open
space on the site, side yards and setbacks, the display of signs shall
be in accordance with the site plan or plans approved by the Planning
Board after a public hearing thereon held in accordance with the requirements
of law. Such plans display the direction of north and include a key
map showing the overall location of the site in relation to the community.
[2]
The site for a comprehensively planned regional
shopping center shall have a minimum depth of 700 feet from the front
line, a minimum frontage of 300 feet, minimum side yards of 300 feet
each, a front setback for any building 150 feet from the center line
of the street in front of the premises, a rear line setback for any
building 100 feet from the zone line or the rear property line, whichever
is less. The buildings thereon shall be restricted in height to a
maximum of 30 feet. Buildings contained thereon shall not exceed 25%
coverage of the entire tract within the site and the off-street parking
area, including roads and turning space shall be at least three times
the area of the total gross rentable area of all buildings; such parking
area to provide at least eight off-street parking spaces for each
1,000 square feet of gross rentable area.
(e)
Auto sales rooms.
(f)
Recreational and amusement facilities such as
bowling alleys, indoor skating rink and indoor theaters.
(g)
Tattooing and body-piercing establishments on lots with a minimum
frontage of 250 feet along a state highway (US 206).
[Added 6-15-2010 by Ord. No. 2010-16]
(h)
Psychic reading establishments on lots with a minimum frontage of
250 feet along a state highway (US 206).
[Added 6-15-2010 by Ord. No. 2010-19]
(i)
Massage, bodywork and somatic therapy establishments on lots with
a minimum frontage of 250 feet along a state highway (US 206).
[Added 7-6-2010 by Ord. No. 2010-20]
(4)
Area, yard and building requirements as specified
for this zone in Schedule 1[4] unless modified in accordance with the standards set forth in § 163-70.
[4]
Editor's Note: Schedule 1 is included at the end of this chapter.
E.
LBT - Limited Business Zone.
(1)
Permitted uses.
(a)
Uses permitted in the Residential RHD and RLD
Zone.
(b)
Subject to Subsection E(3) herein below, office buildings for professional and business occupancy, including professional offices, banks, commercial and private schools, insurance agencies, travel agencies, stock brokerage firms and real estate offices.
(c)
Subject to Subsection E(3) herein below, limited business uses such as antique shops, dress and haberdashery shops, gift shops, flower shops, jewelry stores, stationary supplies, barber and beauty shops, and similar limited retail uses.
(d)
Inns, subject to Subsection E(3) herein below, the principal use of which is lodging providing bed and breakfast, subject to the following:
[1]
Shall consist of five or fewer rental rooms.
[2]
These rooms or suites are for purpose of providing
overnight sleeping accommodations of paying guests.
[3]
Shall be located in the principal structure
of the property.
[4]
Owner must operate and live in principal structure.
[5]
Provide parking in the rear for each rental
room and each outside staff members.
[6]
No lunch or dinner is to be provided to the
guests, only breakfast.
(3)
Prohibited uses. The following uses are specifically
prohibited in this zone inasmuch as they are permitted in other commercial
districts.
(a)
Drive in, take out or fast-food restaurants.
(b)
Used car lots, auto sales, showrooms and automobile
service stations.
(c)
Rooming houses, unless owner lives on the property
in the principal structure.
(d)
Shopping centers and convenience stores.
(e)
Business conducted from motor vehicles such
as curb service or drive-through windows.
(f)
Coin amusement devices.
F.
B-3-IMUO Regional Commercial Inclusionary Mixed-Use Overlay Zone.
The purpose of the B-3-IMUO Regional Commercial Inclusionary Mixed-Use
Overlay Zone is to address a portion of the Borough of Chester's affordable
housing obligations by adding an inclusionary residential development
option to the existing B-3 Regional Commercial development and use
provisions on Block 133, Lot 5 to encourage the redevelopment of the
site with residential inclusionary development and permitted regional
commercial uses. This zone permits regional commercial uses on the
ground/first floor and inclusionary residential development above
ground/first floor permitted regional commercial uses.
[Added 6-6-2019 by Ord.
No. 2019-13]
(1)
Permitted uses.
(b)
Mixed-use multifamily housing development at a maximum density
of 10 dwelling units per acre with a 20% affordable housing set-aside
with all nonresidential development limited to the first floor of
buildings and residential development limited to floors above nonresidential
development; and with all affordable units built, constructed, administered,
maintained and operated in accordance with the provisions of the Borough
of Chester's Affordable Housing Ordinance[6] and all other applicable rules, regulations, statutes
and Court decisions, including, but not limited to N.J.A.C. 5:93-1
et seq.,[7] and N.J.A.C. 5:80-26.1 et seq., Uniform Housing Affordability
Controls, as amended, and the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.), as amended.
(4)
Area, yard and building requirements for the B-3-IMUO shall be as
specified below:
(e)
Minimum parking and driveway setback: 40 feet - the minimum
parking setback from a public road, residential zone or use shall
be suitably landscaped with a parking and driveway setback buffer,
consisting of lawn, planted buffer screen with trees and shrubs, a
fence, or combination of the three as may be required by the Planning
Board. Access driveways may be located in the parking and driveway
setback buffer, provided that access driveways cross the buffer in
the shortest distance between the public road and on-site parking
and circulation driveways. The minimum parking and driveway setback
from an adjoining B-3 use shall be zero feet.
(5)
Off-street parking requirements. As per Article X as defined for the particular nonresidential use. Parking shall be provided as per RSIS for multifamily housing. Shared parking may be permitted where it is demonstrated to the satisfaction of the Planning Board that a portion of the combined parking demand of nonresidential and multifamily uses can be accommodated in a shared parking arrangement.
(6)
An internal pedestrian circulation system consisting of pathways,
sidewalks and paths shall be provided with connections to public sidewalks,
off-site regional trails, pathways, and public open space, which shall
include a continuous loop of walking paths on site for the benefit
and enjoyment of the residents and for access to permitted residential
and nonresidential development.
(8)
Affordable housing requirements/very-low-, low- and moderate-income
units.
(a)
Affordable units shall conform to the requirements of the NJ
Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"), the Round 2
regulations adopted by the NJ Council on Affordable Housing, N.J.A.C.
5:93-1.1 et seq.,[8] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C.
5:80-26.1 et seq., all other relevant statutes, regulations, and policies
and the Chester Borough Third Round Affordable Housing Ordinance.
[8]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
(b)
Affordability average; bedroom distribution. Affordable units
shall be provided in accordance with N.J.S.A. 5:80-26.3 affordability
average; bedroom distribution.
(c)
Very-low-, low- and moderate-income housing shall be constructed
and rented in accordance with the NJ Fair Housing Act and Uniform
Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq.
including standards for the split between very-low-, low- and moderate-income
housing. Pursuant to N.J.S.A. 52:27D-329.1, a minimum of 13% of the
affordable units shall be very-low-income households, i.e., affordable
to households earning 30% of median income for the region; and at
least 37% of the affordable units shall be low-income units. The balance
of units shall be moderate-income units.
(d)
Affordable units shall be affirmatively marketed in accordance
with the affirmative marketing provisions identified at N.J.A.C. 5:80-26.15.
(e)
Controls on affordability. There shall be an income control
period pursuant to N.J.A.C. 5:80-26.11 of at least 30 years for all
affordable units.
[1]
The applicant shall submit a copy of the draft deed restriction
to be placed on affordable units at the time of application for site
plan approval for Planning Board Attorney review and approval prior
to the Planning Board granting preliminary site plan approval.
[2]
Affordability controls shall be established in the form of a
deed restriction, which shall be approved by the Planning Board Attorney
and recorded with the County Clerk and filed with Chester Borough
Clerk.
(f)
Affordable units shall be administered by a qualified administrative
agent in accordance with the administrative procedures for affordable
units identified in the UHAC. The developer shall be responsible for
the cost for all aspects of administering the affordable units, including,
but not limited to, affirmative marketing, income qualification, tenant
placement/purchaser selection, maintenance of controls, etc.
(9)
Site plan review required as set forth under Article VI. An application for site plan approval shall comply with the Borough's submission requirements, procedures, design standards and requirements for a site plan application pursuant to all applicable standards in Chapter 163.
(a)
A comprehensive traffic study shall be submitted with the application
for development. This study will include a matrix with estimated projections
for vehicle movements in and out of the facility in each hour of each
day in a typical seven-day week. The projections for each hour will
be built up from separate estimates for ingress and egress, and for
different categories of use. The latter will include, but not be limited
to, residents, deliveries and visitors. Added together the separate
categories will equal all traffic in and out. The study will also
include background traffic in each direction on the public road servicing
the facility in the same twenty-four-hour, seven-day format. The factual
and analytical basis for all estimates will be explained.
(b)
The Planning Board may use the traffic study to foster proper
design and to determine the applicant's pro-rata share of off-site
and off-tract improvements, if any, that may be required. The Planning
Board shall not use the traffic study to alter the density of sites
to be developed with inclusionary zoning.
(c)
The applicant shall have the option of preparing the traffic
study or choosing a consultant from a list of at least two professionals
(prepared by the municipality) to prepare the studies. If the developer
chooses a consultant from the municipally prepared list, the developer
and municipality shall rely on the consultant's recommendations.
(10)
A landscaped buffer shall be required on any side or rear yard
adjacent to any property used or zoned for residential purposes. The
buffer shall be a minimum of 25 feet in width and shall be landscaped
via massed evergreen trees and/or shrubs having a minimum height of
eight feet at the time of planting. Such buffer areas may also be
required upon site plan review to have walls and/or fences in order
to screen the multifamily use from the adjoining residential use or
zone. No building or other structure, parking area, driveway or storage
area shall encroach upon such buffer area.
A.
Requirements for all office zones.
(1)
Permitted uses.
(a)
Subject to requirements of each zone, office
buildings for professional and business occupancy, including professional
offices, banks, commercial and private schools, clerical occupations
of all kinds, insurance agencies, travel agencies, stock brokerage
firms and real estate offices. Business engaged in retail sale of
goods or the repair and/or selling of goods and any other use other
than those set forth above, are prohibited.
(2)
Permitted accessory uses. No accessory uses are permitted
in the office zones except as specified for each zone.
B.
OP - Office Professional Zone.
(2)
Permitted accessory uses: none.
(3)
Permitted conditional uses.
[Amended 4-6-2004 by Ord. No. 2004-4]
(a)
Restaurants, subject to the following conditions:
[1]
No drive-through service shall be permitted;
[2]
Restaurant shall provide seating for at least
100 patrons;
[3]
Restaurant shall hold a valid liquor license,
existing at the time of the adoption of the ordinance, for on-site
consumption of alcoholic beverages; and
[4]
A conditionally permitted restaurant may undertake
expansion, addition and alteration of a nonconforming structure, provided
that existing nonconformities are not effected, extended or increased.
Any permit for expansion, addition and/or alteration of a nonconforming
structure that does not effect, impact or increase an existing nonconformity
may be approved by the Borough Construction Official and Zoning Officer.
In the event that a proposed expansion, addition and/or alteration
effects, impacts or increases an existing nonconformity, the owner
shall be required to seek variance approval from the Zoning Board
of Adjustment.[1]
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
(b)
Attached age-restricted dwellings within the
age-restricted overlay.
[Added 8-16-2005 by Ord. No. 2005-13]
(4)
Area, yard and building requirements as specified for this zone in Schedule 1Editor's Note: Schedule 1 is included at the end of this chapter. unless modified in accordance with the standards set forth in § 163-70.
C.
OT - Office Transitional Zone.
(1)
Permitted uses. In the Office Transition OT Zone,
no lot shall be used, and no structure shall be erected, altered or
occupied for any purpose except the following:
(a)
Uses permitted and regulated in Subsection A above and subject to the requirements of this subsection.
(c)
Subject to Subsection C(4) herein below, the existing residential buildings within this zone may be converted for professional and business occupancy, including professional offices, banks, commercial and private schools, clerical occupations of all kinds, insurance agencies, travel agencies, stock brokerage firms and real estate offices. Business engaged in retail sale of goods or the repair and/or servicing of goods and any other use other than those set forth above are prohibited.
(2)
Permitted accessory uses. Customary accessory uses and buildings, provided that such uses are incidental to the principal use. Any such accessory building or use shall be located on the same lot as the principal building and conform to the requirements of § 163-70O(1).
(3)
Conditional uses.
[Amended 8-16-2005 by Ord. No. 2005-13]
(a)
Attached age-restricted dwellings within the
age-restricted overlay.
(4)
Area, yard and building requirements. As specified
for this zone in the Schedule 1[2] unless modified in accordance with the standards set forth in § 163-70.
[2]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(8)
Use regulations. The use regulations permitted in
said OT Zone shall be those designated by the various applicable requirements
of the zoning section plus those additional regulations set forth
herein below which shall apply to all property located within the
OT Zone.
(9)
Before any new construction or alterations are made
on any property or building within the OT Zone, the project must be
approved by the Planning Board. No building permit, demolition permit
or permit for the moving of structures onto, from or within the OT
Zone shall be issued until such approval is secured. The following
data shall be submitted to the Planning Board for review of all applications
submitted for approval in the OT Zone.
(a)
Any plans for new buildings, structures or signs;
(b)
Any plans for alterations, renovation, remodeling
or reconstruction, affecting the exterior of existing buildings, structures
or signs;
(c)
Site and landscaping plans;
(d)
Sketches, models or drawings of any proposed
sculpture, statuary, fountains, monuments, historical markers or decorative
or memorial plaques; and
[1]
In reviewing the plans, the Planning Board shall
give consideration to:
[a]
The historical or architectural
value and significance of the structure and its relationship to the
architectural and historic value of the surrounding area.
[b]
The general compatibility of exterior
design, arrangement, texture and materials proposed to be used.
[c]
Any other factors, including aesthetics,
which it deems pertinent to the intent and purposes of this chapter.
[2]
In acting on any application under this subsection,
the Planning Board shall endeavor to assure that all buildings hereafter
erected or altered, including signs thereon and all other signs within
the OT Zone, shall be of such design, appearance and relation to one
another that they will enhance the OT Zone.
[3]
Nothing in this section shall be construed to
prevent ordinary maintenance or repair within the OT Zone not affecting
the exterior design or appearance of any existing building structure
or sign.
[1]
Editor's Note: Former § 163-74,
Industrial zones, was repealed 6-15-2004 by Ord. No. 2004-16.
The following conditional uses to the use limitations
imposed by this section are permitted under the terms and specifications
herein set forth. Whereas the necessity for certain specific uses
is recognized and at the same time appreciating the fact that they
or any one of them may be or become inimical to the public health,
safety and general welfare of the community if located without due
consideration to the existing conditions and surroundings, the following
standards and procedures are hereby established.
A.
Expansion of nonconforming structures permitted as conditional uses under certain circumstances. The expansion or extension of an otherwise permitted use in the residential or commercial zones by expansion of a nonconforming structure is permitted as a conditional use on undersized lots, but only under the circumstances set out at § 163-76A(4) and additional conditions as follows:
(1)
After considering the documents or other proofs submitted
in support of the application, the Board finds that no additional
land is available, or could reasonably be purchased in order to correct
or lessen the nonconformity.
(2)
The parking requirements of this chapter for the proposed
structure and use are met.
(3)
No nonconforming structure shall be enlarged, extended or increased in size in any other fashion, unless such enlargement would not effect or would reduce the existing nonconformance of the front, side and/or rear yards as defined in the schedule of area, yard and building requirements (which is found in § 163-69 of this chapter).[1] Further, maximum lot coverage provisions or height restrictions
contained in the referenced schedule shall not be exceeded either
under existing conditions or as proposed.
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
(4)
No expansion of any structure is permitted under this
section upon lots which have less than 50 feet of frontage or are
less than 4,000 square feet in area.
(5)
The proposed expansion shall not infringe upon the
septic waste disposal system which shall be demonstrated as adequate
to handle the expanded use, and Board of Health approval of the proposal
shall be obtained.
(6)
An adequate water supply shall be provided, minimum
state and local regulations shall be observed.
(7)
Site plan approval shall be obtained from the Planning
Board, except for alterations proposed to an existing single-family
residence.
(8)
A condition of any approval under the provisions of
this chapter shall require that the use of the expanded structure
shall not be changed from that as presented to the Board. Appropriate
penalties as set out elsewhere in this chapter and including revocation
of the conditional use permit and site plan approval after notice
and an opportunity for a hearing are afforded, may be imposed upon
the property owner for violation of this section.
(9)
No conditional use permit or other relief may be granted
under the terms of this section unless such permit or other relief
can be granted without substantial detriment to the public good and
without substantially impairing the intent and the purpose of the
zone plan and the zoning ordinance of the Borough of Chester.
(10)
If a lot which is the subject of an application under this section has frontage along Main Street, then the Board may refer the proposal and architectural elevations to the Historic Preservation Committee as provided for in § 163-87. The purpose of such referral is to obtain a review of the impact of the proposal upon the historic character and aesthetic appearance of the subject structure itself and of the surrounding area. The applicant shall pay the reasonable fees for such review as part of the application process. Further, if such review is sought, a written report shall be obtained from the review board or from the architect. The applicant shall be provided with a copy of this report and shall have the opportunity to present his comments or objections, if any, to the report at the public hearing on its application.
(a)
After this process, the Planning Board may require
as a condition of any approval granted under this section that any
reasonable recommendations of the report which deal with the external
appearance of the subject structure, accessory structure, or existing
or proposed site improvements, be incorporated into the applicant's
proposal.
(b)
The provisions of this subsection do not exceed
the time limit in which the Board must act as set out in the Municipal
Land Use Law.
(c)
These standards are intended to provide the
Planning Board with a guide for the purpose of reviewing applications
for conditional uses as provided for by this section. In reviewing
an application, the Planning Board may act on site plans submitted
to it or may suggest modifications and changes. In approving an application,
the Planning Board may require, in addition to features specified,
such other features or design, in keeping with the intent thereof,
that will further the purpose of these standards and regulations.
Such features shall be provided and maintained as a condition of the
establishment and maintenance of any use to which they are a condition
of approval. The Planning Board shall decide each application in accordance
with the standards provided for that particular use as specified herein.
B.
C.
Automobile service stations. Automobile service stations
are hereby permitted in the B-3 Business Zone subject to the following
regulations:
(1)
A minimum area of one acre and 200 feet frontage is
required.
(2)
No service station shall be located within 200 feet
of any public entrance to a church, parish house, school, public building,
post office, hospital, sanitarium, philanthropic or eleemosynary institutions.
(3)
Gasoline filling stations shall have their gasoline
pumps, including other service facilities set back at least 30 feet
from any street right-of-way line.
(4)
No major repair work will be performed out of doors.
(5)
All fuel, oil or similar substances to be stored at
least a distance of 35 feet from any street or lot line.
(6)
All automobile parts, dismantled vehicles and similar
articles to be stored within a building.
(7)
All items, trailer, or vehicles offered for rent,
lease or letting shall be kept and stored within a building.
(8)
No garage or filling station may be within 2,500 feet
of another filling station and said distances shall be measured on
a straight line from the outer boundary or property line in the one
instance to the nearest property or boundary line in the other.
D.
Public utility installation. Public utility installation
shall be permitted in all zones subject to the following conditions:
(1)
Proof is furnished to the Planning Board that the
proposed installation in a specific location is necessary and convenient
for the efficiency of the public utility system or the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
(2)
The design of any building utilized in connection
with such facility conforms to the general character of the area and
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in the area and zone in which it is located.
(3)
Adequate and attractive fences and other safety devices
will be provided and sufficient landscaping including shrubs, trees
and lawn shall be provided and periodically maintained.
(4)
A minimum of a twenty-five-foot buffer zone is required
for public utilities and shall meet the design standards of § 163-73G.
F.
Wireless telecommunications facilities.
[Added 7-10-2000 by Ord. No. 2000-12]
(1)
Location priority.
[Amended 12-20-2005 by Ord. No. 2005-26]
(a)
Upon showing that a wireless telecommunications
facility is needed for the provision of adequate service in the municipality,
said facility shall be permitted as a conditional use at the following
prioritized locations:
[1]
The first priority location shall be collocation
on existing wireless telecommunications facilities located on lands
and/or structures owned by the Borough of Chester, with the consent
of the Borough Mayor and Council.
[2]
The second priority location shall be on lands
and/or structures owned by the Borough of Chester, with the consent
of the Borough Mayor and Council.
[3]
The third priority location shall be on existing
wireless telecommunications facilities.
[4]
The fourth priority location shall be on lands
located in the I Industrial Zone as identified in the Borough of Chester
Zone Map.
[5]
The fifth priority location shall be on lands
located in the OP Office Professional Zone as identified in the Borough
of Chester Zone Map, but no closer to any residential zone or residential
use than 300 feet.
(b)
If a wireless telecommunications provider seeks
to place a wireless telecommunications facility on a lot that is located
in a priority level other than the first priority location, the provider
must establish that the priority locations prioritized ahead of the
location in which the lot is located are either not available or not
suitable for the provision of adequate wireless telecommunications
services.
(2)
Conditional use standards. All wireless telecommunications facilities shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection F(1) shall be deemed more acceptable than lower priority sites.
(a)
Sites for wireless telecommunications facilities
must demonstrate that they provide the least visual impact on residential
areas and public way. All potential visual impacts must be analyzed
to illustrate that the selected site provides the best opportunity
to minimize the visual impact of the proposed facility.
[1]
Wireless telecommunications equipment facilities
should be located to avoid being visually solitary or prominent when
viewed from residential areas and the public way. The facility should
be obscured by vegetation, tree cover, topographic features and/or
other structures to the maximum extent feasible.
[2]
Wireless telecommunications facilities shall
be placed to ensure that historically significant viewscapes, streetscapes,
and landscapes are protected. The views from architecturally and/or
significant structures should not be impaired or diminished by the
placement of telecommunication facilities.
(3)
Site design standards.
(a)
Collocation. Any ordinance limitation on the
number of structures on a lot shall apply except for wireless telecommunications
facilities located on a lot with buildings or structures already located
on it.
(b)
Security fencing. Wireless telecommunications
facilities shall be enclosed by security fencing not less than eight
feet in height and shall be equipped with appropriate anti-climbing
devices. Additional safety devices shall be permitted or required
as needed by the Planning Board.
(c)
Landscaping. Landscaping shall be provided along
the perimeter of the security fence to provide a visual screen or
buffer for adjoining private properties and public right-of-way. Required
front yard setback areas shall be landscaped. All wireless telecommunications
equipment facilities shall be screened by an evergreen hedge eight
to 10 feet in height at planting time.
(d)
Signs. Signs shall not be permitted except for
signs displaying owner contact information, warnings, equipment information,
and safety instructions. Such signs shall not exceed two square feet
in area. No commercial advertising shall be permitted. Only the minimum
number of signs shall be permitted.
(e)
Color. Wireless telecommunications facilities
shall be of a color appropriate to the tower's locational context
and to make it as unobtrusive as possible, unless otherwise required
by the Federal Aviation Administration.
(f)
Dish antennae. Dish antennae shall be colored,
camouflaged or screened to make them as unobtrusive as possible and
in no case shall the diameter of a dish antenna exceed six feet.
(g)
Lighting. No lighting is permitted except as
follows:
[1]
Wireless telecommunications equipment facilities
enclosing electronic equipment may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes;
and
[2]
No lighting is permitted on a wireless telecommunications
tower except lighting that specifically is required by the Federal
Aviation Administration, and any such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
(h)
Monopole. Any proposed new telecommunications
tower shall be a monopole unless the applicant can demonstrate, that
a different type pole is necessary for the collocation of additional
antennae on the tower. Such towers must employ camouflage technology
to the greatest extent feasible and as agreed to by the Borough.
(i)
Noise. No equipment shall be operated so as
to produce noise in excess of the limits set by the local noise ordinance,
except for in emergency situations requiring the use of a backup generator.
(j)
Radio frequency emissions. Applicants shall
provide current FCC information concerning wireless telecommunications
facilities and radio frequency emission standards. Wireless telecommunications
facilities shall be required to provide information on the projected
power density of the proposed facility and how this meets the FCC
standards.
(k)
Structural integrity. Wireless telecommunications
facilities must be constructed to the Electronic Industries Association/Telecommunications
Industries Association 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent), as it may be updated or amended and any other pertinent
standards.
(l)
Maintenance. Wireless telecommunications facilities
shall be maintained to assure their continued structural integrity
and site plan, which includes landscaping. The owner of the wireless
telecommunications facility shall also perform such other maintenance
of the structure and of the site as to assure that it does not create
a visual nuisance.
(m)
Interference. Interference studies must be conducted
to insure local emergency R/Frequency transmissions are not interfered
with.
(n)
Quarterly report. A quarterly maintenance report
is required to the Borough Building Inspector indicating maintenance
and ownership.
(4)
Collocation policy.
(a)
The Municipal Engineer and the Clerk/Administrator
shall maintain an inventory of existing wireless telecommunications
facilities locations within two miles of the Borough of Chester and
in the Master Plan.
(b)
An applicant proposing a wireless telecommunications
facility at a new location shall demonstrate that it made a reasonable
attempt to find a collocation site acceptable to engineering standards
and that none was practical or economically feasible.
(c)
Each application shall include a site location
alternative analysis describing the location of other sites considered,
the availability of those sites, the extent to which other sites do
or do not meet the provider's service or engineering needs, and the
reason why the subject site was chosen. The analysis shall address
the following issues:
[1]
How the proposed location of the wireless telecommunications
facilities relates to the objective of providing adequate wireless
communication services within and near the Borough of Chester;
[2]
How the proposed location of the proposed wireless
telecommunications facility relates to the location of any existing
antennae within and near the Borough of Chester;
[3]
How the proposed location of the proposed wireless
telecommunications facility relates to the objective of collocating
the antennae of many different providers of wireless communication
services on the same wireless telecommunications facility; and
[4]
How its plan specifically relates to and is
coordinated with the needs of all other providers of wireless communication
services within and near the Borough of Chester.
(d)
The Planning Board or Board of Adjustment may
retain technical consultants as it deems necessary to provide assistance
in the review of the site location alternatives analysis, the service
provider shall bear the reasonable cost associated with such consultation,
which cost shall be deposited in escrow.
(5)
Removal of abandoned wireless telecommunications facilities.
Any wireless telecommunications facility that has not operated for
a continuous period of 12 months as indicated on the quarterly reports
shall be considered abandoned. If there are two or more users of a
single wireless telecommunications facility, then the abandonment
shall not become effective until all users cease using the wireless
telecommunications facility for a continuous period of 12 months.
The owner of the property shall remove same within 90 days of notice
from the Zoning Officer that the wireless telecommunications facility
is abandoned. If such wireless telecommunications facility is not
removed within said 90 days, the municipality may remove such wireless
telecommunications facility at the facility and/or land owner's expense.
If the facility is to be retained, the provider(s) shall establish
that the facility will be reused within one year of such discontinuance.
If a facility in not reused within one year, a demolition permit shall
be obtained and the facility removed. At the discretion of the Zoning
Officer, upon good cause shown, the one-year reuse period may be extended
for a period not to exceed one additional year.
G.
Attached age-restricted dwellings.
[Added 8-16-2005 by Ord. No. 2005-13]
(1)
Minimum lot size: one acre.
(2)
Affordable housing. There shall be provided one dwelling
unit of non-age-restricted affordable housing provided for each eight
dwelling units of age-restricted attached housing that is created.
For every fraction of an age-restricted affordable housing unit required
above 0.4, there shall be provided an additional affordable unit.
For every fraction of a unit 0.4 or less, an affordable housing development
fee contribution shall be paid to the Borough for the fraction of
an affordable housing unit required but not constructed within the
age-restricted development. There shall be an even mix of low- and
moderate-income units provided, except that there shall be an additional
low-income unit provided when the number of affordable units required
shall be an odd number. If the number of attached age-restricted dwellings
proposed results in the requirement to provide only one affordable
unit, it shall be a low-income unit. Affordable units shall be integrated
into the overall design of the attached age-restricted development
so that there shall not be any exterior discernable difference between
the affordable units from the market-rate units in the development.
[Amended 10-18-2005 by Ord. No. 2005-22]
(a)
Affordable housing units shall comply with all
New Jersey Council on Affordable Housing rules and requirements for
the provision of affordable housing.
(b)
Affordable housing units provided under this
subsection shall be exempt from the density requirements for the attached
age-restricted dwelling units conditional use development option.
(3)
Age restrictions for dwelling unit occupancy. Approval
of an age-restricted community pursuant to this subsection shall require
the placement of restrictive covenants, in a manner satisfactory to
the Planning Board Attorney, on the deeds to all portions of a tract
to insure that occupancy will be limited to at least one member of
the household 55 years of age or older with no children under 19 years
of age in permanent residence, pursuant to the Federal Fair Housing
Act.
H.
Solar energy systems.
[Added 2-20-2007 by Ord. No. 2007-3;
amended 4-17-2007 by Ord. No. 2007-8]
(1)
The applicant shall demonstrate to the satisfaction
of the Planning Board that the proposed solar energy system shall
not be visible to a pedestrian from Main Street or any other street,
sidewalk, yard, parking lot or municipal facility within or adjacent
to land included in the historic district, or any state or National
Register listed building, site or district.
[Added 5-4-2004 by Ord. No. 2004-9]
The purpose of this overlay is to provide an
additional development option which permits clustering or lot averaging
for single-family detached or age-restricted detached dwellings within
the Neighborhood Cluster — Lot Average Overlay, as
designated on the Borough of Chester Zoning Map.
A.
Within the Neighborhood Cluster — Lot Averaging
overlay, single-family detached residential dwellings and age-restricted
residential dwellings may be constructed on lots of at least one acre
in area, in accordance with the following procedures and standards.
(1)
The maximum density permitted in the neighborhood
cluster-lot averaging overlay shall not exceed one dwelling unit per
two gross acres of land.
(2)
The number of lots permitted under this section
shall be determined by the submission of a variance-free qualifying
plan, which conforms to the bulk requirements in the Schedule 1 -
Part 1, Schedule of Lot Area, Yard and Building Requirements area
and yard requirements applicable to the RHD Zoning District.
(3)
Individual lots within the overlay shall not
be less than one acre of land.
B.
Architectural review required. Development constructed under this development option shall be subject to the Borough's architectural review procedures, as found in Article XI of this chapter. It is the purpose of this requirement to maintain thematic consistency of development constructed within the overlay with the historic and traditional architecture found in the Borough's historic districts.
C.
Open space.
(1)
Open space created from a cluster subdivision
under this section shall be owned and maintained by a homeowners'
association comprised of all homeowners in the cluster subdivision.
D.
Buffering.
(1)
A densely planted landscaped buffer, at least
50 feet in width, shall be provided along all tract boundaries.
(2)
The minimum width buffer shall be landscaped
with a mix of indigenous coniferous and deciduous trees and shrubs
to effectively screen the view of any development from off tract.
(3)
The Planning Board may require supplemental
buffering such as berming, fencing or walls where it is determined
by the Planning Board that such measures are appropriate.
(4)
The Planning Board may reduce the minimum planting
requirements within the buffer when it can be demonstrated to the
satisfaction of the Planning Board that such lesser buffering measures
will effectively screen the neighborhood from off tract.
(5)
Where it is demonstrated to the satisfaction
of the Planning Board that existing features such as hedgerows, mature
vegetation and fences effectively screen the neighborhood from off
tract, required buffer plantings may be reduced, provided that the
view of the neighborhood is screened from off site.
A.
Continuance. Except as otherwise provided in this
section the lawful use of land or buildings existing at the date of
the adoption of this section may be continued, although such use or
building does not conform to the regulations specified by this section
for the zone in which such land or building is located; provided,
however:
(1)
That no nonconforming lot shall be further reduced
in size.
(2)
That no nonconforming building shall be enlarged,
extended or increased unless such enlargement would tend to reduce
the degree of nonconformance.
(3)
That no nonconforming use may be expanded.
(4)
That the provisions of § 163-75A providing for the expansion of nonconforming structures on undersized lot for conditional uses shall apply only for structures located upon lots which meet all of the following criteria:
(a)
The lot is located in a residential or commercial
zone;
(b)
Both the existing and proposed uses on the lot
are permitted under this chapter; and
(c)
The lot is substandard with respect to the bulk
requirements of this chapter, but has a minimum frontage of 50 feet
and a minimum area of 4,000 feet.
B.
Abandonment. A nonconforming use shall be presumed
to be abandoned when there occurs a cessation of such use or activity
by an apparent act or failure to act on the part of the tenant or
owner to reinstate such use within a period of one year from the date
of cessation or discontinuance. Such use shall not thereafter be reinstated
and the structure shall not be reoccupied except in conformance with
this chapter.
C.
Restoration. If any nonconforming building is partially
destroyed by reason of wind, storm, fire, explosion or other act of
God or the public enemy, then the structure may be rebuilt, restored
or repaired. However, in the event that any nonconforming building
is more than 50% destroyed, it may not be rebuilt, restored or repaired,
except in conformity with the regulations of this section. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition any walls, floor or other structural member which has
been declared unsafe by the construction official.
D.
Reversion. No nonconforming use shall, if once changed
into a conforming use, revert into a nonconforming use.
E.
Alterations. A nonconforming building may be altered
but not enlarged or extended during its life unless a variance shall
be obtained from the Board of Adjustment or unless the building is
changed to a building conforming to the requirements of this chapter.
Nothing in this section shall prevent the strengthening or restoring
to a safe condition any wall, floor or other structural member which
has been declared unsafe by the construction official.
F.
Construction approved prior to adoption of this section.
Nothing herein contained shall require any change in plans, construction
or designated use of a building for which a building permit has been
heretofore issued and substantial construction has taken place prior
to the date of the adoption of this section.
G.
Zoning district changes. Whenever the boundaries of
a zoning district shall be changed so as to transfer an area from
one zone of a different classification, the foregoing provisions shall
apply to any use which shall be made nonconforming by this change.
A.
The provisions of this chapter shall be administered
and enforced by the Zoning Officer of the Borough. In the absence
of the Zoning Officer, the Borough Administrator, Borough Police Department,
and/or an Acting or Assistant Zoning Officer are hereby authorized
to file a complaint in the Municipal Court of the Borough of Chester
for violations of the provisions of this chapter. In no case shall
a permit be granted for the construction of or the alteration to any
building where the proposed construction, alteration or use thereof
would be in violation of any provisions in this chapter. It shall
be the duty of the Zoning Officer or his duly authorized assistants
to cause any building, plans, or premises to be inspected or examined
and to order, in writing, the remedying of any conditions found to
exist in violation of any provision of this chapter, and he has the
right to enter any building or premises in the course of these duties.
[Amended 2-19-2008 by Ord. No. 2008-5]
B.
Certificates and permits.
(1)
Zoning permits.
(a)
Zoning permits shall hereafter be secured from the Zoning Officer prior to constructions, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape, and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter, together with the appropriate fee as set forth in chapter 127. The zoning permits shall be granted or denied within 20 days from the date that a written application is filed with the Zoning Officer.
[Amended 2-16-2010 by Ord. No. 2010-2]
(b)
Site plan review required; exception. Site plan
review and approval shall be required as a condition for issuance
of a zoning permit for any developments except that individual lot
applications for a one- or two-dwelling-unit building shall be exempt
from site plan approval.
(2)
Certificate of occupancy.
(a)
Certificates of occupancy shall be issued and
signed by the Construction Official in the manner prescribed in the
New Jersey Uniform Construction Code.
(b)
Upon serving notice of violation by the Zoning
Officer to the owner of a property with respect to any building, land
or use thereof, as specified in this chapter, a new certificate of
occupancy shall be required for any further use of such building or
land.
(3)
Building permits.
(a)
No building or structure or part thereof shall
be erected, constructed, reconstructed, structurally altered or moved
until procedures for issuance of a building permit have been satisfied.
(b)
A building permit issued in accordance with
the NJUCC pursuant to the provisions thereof shall be issued only
after or coincident with the issuance of a zoning permit certifying
that the application is in compliance with all provisions of the zoning
chapter or approved variance.
(c)
A building permit shall be secured from the
construction official prior to the construction, erection or alteration
of any building or structure or part thereof and prior to the use
of any land or part thereof.
C.
Duties of Zoning Officer.
(1)
Records. The Zoning Officer shall accept all applications
for zoning permits, and shall approve or deny said application, based
on review for conformance with the zoning laws of the Borough. The
Zoning Officer shall keep a record of all applications for zoning
permits issued together with a notation of all special conditions
involved. The Zoning Officer shall file and safely keep copies of
all plans submitted, and the same shall form a part of the records
of the Zoning Officer and shall be available for the use of the Borough
Council and of other officials of the Borough.
(2)
The Zoning Officer shall prepare a monthly report
for the Borough Council summarizing for the period since the last
previous report, all zoning permits issued and all complaints of violations
and the action taken consequent thereon. A copy of each report shall
be filed with the Borough Tax Assessor at the same time it is filed
with the Borough Council.
(3)
It shall be the duty of the Zoning Officer to investigate
any violation of zoning laws coming to the attention of said officer,
whether by complaint or from the Zoning Officer's own personal knowledge
or observation.
(4)
Where any building or structure is erected, constructed,
altered, repaired, converted, or maintained, or any building, structure
or land is used in violation of any provision of the zoning laws of
the Borough of Chester and/or State of New Jersey, the Zoning Officer
shall serve appropriate abatement notice upon the owner or person
violating the law(s), either personally or by registered mail, to
remove said violation. In addition, as the circumstances may warrant,
the Zoning Officer may:
(a)
File a complaint in the Municipal Court of the
Borough of Chester against the owner, his agent, or any person or
corporation perpetrating said violation, serving the aforesaid offender
with proper notice and prosecute this complaint in the Municipal Court.
(b)
Upon the express authorization of the Mayor
and Council, and with the advice and assistance of the Borough Attorney,
file in the Superior Court a complaint to terminate said violation.
(5)
The zoning laws of the Borough of Chester and State
of New Jersey shall be enforced by the Zoning Officer who shall in
no case, except under written order of the Zoning Board of Adjustment[1] or the Mayor and Council, issue any permit for the erection
or structural alteration of any building nor grant any permit for
any building where the proposed erection, structural alteration or
use thereof would be in violation of any provision(s) of the zoning
laws of the Borough of Chester.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
(6)
The Zoning Officer shall investigate any alleged violation
of the prescribed performance standards in each zone and, if there
are reasonable grounds to believe that a violation exists, may either
file a complaint in Municipal Court or serve an abatement notice.
(7)
The Zoning Officer shall create and maintain a list
of all nonconforming uses in the Borough. Any owner of a nonconforming
use shall file with the Zoning Officer a certificate of nonconformity
as requested by the Zoning Officer, which certificate shall spell
out in detail the extent and nature of the nonconforming use.
(8)
During special and/or temporary events, including but not limited to events such as craft fairs, special sales, historic events, civic pride events and/or business district events, the Zoning Officer is hereby empowered to direct that any zoning violation(s) related to the special and/or temporary event shall immediately cease and desist. The Zoning Officer is hereby authorized to swear out a complaint for any such zoning violation(s) that shall not have been immediately abated. Violations hereunder shall be subject to the penalty provision set forth in § 163-77F(1).
[Added 10-18-2005 by Ord. No. 2005-21]
D.
Applications and appeals.
(1)
Applications for detached single-family dwellings.
Each application for a zoning permit for a permitted one-family dwelling
unit and accessory structures, buildings or uses related thereto,
shall be made to the Zoning Officer. The Zoning Officer shall consider
the application and all supporting documents and thereupon make a
determination of the application's compliance with the requirements
of this chapter. Based upon said determination, the Zoning Officer
shall either issue or deny the zoning permit for which application
was made. If the Zoning Officer denies the issuance of the zoning
permit, he shall state in writing to the applicant the reasons for
such denial. Each application made hereunder shall be accompanied
by a survey plan of the lot derived from the official Tax Maps or
other source of similar or greater accuracy showing the following:
(2)
Applications for a permitted use for all uses except
one-family dwellings. All such applications shall be made to the Chester
Borough Planning Board in accordance with the requirements for site
plan review, except as provided in § 163-25C.
(3)
Applications for variances. All such applications
shall be made directly to the Board of Adjustment[2] in accordance with its rules as provided in §§ 163-23C and D and 163-77, except as provided in § 163-14 hereof.
[2]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
(5)
Applications for appeal. All such applications shall
be made directly to the Board of Adjustment in accordance with the
provisions of §§ 163-23A and 163-77.
(6)
Applications for interpretations. All such applications
shall be made directly to the Board of Adjustment in accordance with
the provisions of §§ 163-23B and 163-77.
E.
Appeals, variances and other proceedings.
(1)
General. Procedure on all appeals, petitions and other
matters before the Board of Adjustment[3] or Planning Board shall be governed by the provisions
of the Revised Statutes and by the officially adopted Rules of Procedure
of the Board. The Chairman, or in the event of his absence or of his
physical disability the Vice Chairman, and the secretary shall sign
all orders or instructions to the construction official or Zoning
Officer pertaining to matters to this chapter.
[3]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
(2)
Public hearings. Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice pursuant to Article V, and no action shall be taken respecting such matter until all interested parties present shall have been given an opportunity to be heard.
(3)
Notification of public hearings. The Board of Adjustment or Planning Board, as the case may be, shall fix a reasonable time for the hearing of the appeal, application or other matter. Public notice of the hearing shall be given in accordance with § 163-36.
(4)
Procedures for variances.
(a)
Applications for a variance may be filed with
the Board of Adjustment for action under any of its powers without
prior application to the Zoning Officer.
(b)
The Board of Adjustment may refer all applications
to the Planning Board for its review and recommendations thereon.
Such referrals shall be made prior to a decision being rendered by
the Board of Adjustment and shall be made not later than 70 days prior
to when the Board of Adjustment is legally required to render a decision.
Such referrals shall not extend the period of time which the Board
of Adjustment shall act.
(c)
The Planning Board shall review all referrals
from the Board of Adjustment within 35 days of its receipt and submit
a written report thereon to the Board of Adjustment.
(d)
The Board of Adjustment shall not conclude a
public hearing on any application referred to the Planning Board prior
to its receipt of the Planning Board's report or the expiration of
the thirty-five-day time limit for the Planning Board's review and
report. In this connection, the Planning Board shall promptly advise
the Board of Adjustment of the date each referral is received by the
Planning Board. A copy of the Planning Board review and report shall
be furnished to the applicants.
(5)
Decisions.
(a)
The Board of Adjustment shall render a decision
not later than 120 days after the date an appeal is taken from the
decision of the Zoning Officer, or not later than 120 days after the
date of submission of a complete application to the Board of Adjustment
where no prior application was made to the Zoning Officer. Failure
of the Board to render a decision within such one-hundred-twenty-day
period, or within such further time as may be consented to by the
applicants, shall constitute a decision favorable to the applicants.
(b)
All decisions of the Board of Adjustment shall
be final.
(c)
Where the Board of Adjustment has rendered a
decision, the following procedure shall be followed:
[1]
Each decision shall be in writing and shall
include findings, facts and conclusions based thereon.
[2]
A copy of the decision shall be mailed by the
Board of Adjustment within 10 days of the date of the decision to
the applicants or if represented, then to his attorney, without separate
charge, and to all who request a copy of the decision for a reasonable
fee. A copy of the decision shall also be filed with the Zoning Officer
and the secretary of the Planning Board, as well as in the files of
the secretary of the Board of Adjustment.
[3]
A brief notice of the decision shall be published
in the official newspaper of the municipality. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision, whether arranged by the municipality
or the applicant.
[4]
In any case where the Board of Adjustment has
ruled favorably on an application, the Zoning Officer shall be directed
to issue a zoning permit in accordance with the decision of the Board
of Adjustment, subject to any conditions as may be imposed thereon.
(6)
Procedures for appeal to the Board of Adjustment.
(a)
Appeals to the Board of Adjustment may be taken
by any interested party affected by any decision of an administrative
officer based upon or made in enforcement of the zoning ordinance
or Official Map. Such appeal shall be taken within 65 days by filing
an application for appeal with the administrative officer specifying
the grounds for such appeal. The office from whose decision the appeal
was taken shall be simultaneously served with a copy of the appeal
and he will forthwith forward all documents, plans, maps, etc., on
which he based his decision to the Board of Adjustment.
(b)
The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from.
(c)
An appeal stays all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the officer, department or board from whose action the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal shall have been properly filed, that by reason of facts and
stated in such certification a stay would in his opinion cause imminent
peril to life or property. In such case, proceedings shall not be
stayed except by a restraining order which may be granted by the Board
of Adjustment or by the Superior Court on application upon notice
to the officers, department or board from whom the appeal is taken
and on due cause shown.
(7)
Procedures for interpretations of the Zoning Map or
chapter. Whenever the Zoning Officer or Planning Board is unable to
establish the location of a zone boundary in accordance with the rules
therefor established by this chapter or whenever an applicant disagrees
with the determination of a zone boundary location by the Zoning Officer,
or whenever any party requires an interpretation of such other information
as may be shown on the Zoning Map or in the zoning chapter, application
for said interpretation shall be made to the Board of Adjustment.
(8)
Expiration of variance. Any variance from terms of
this chapter hereafter granted by the Board of Adjustment permitting
the erection or alteration of any structure or structures, or permitting
a specified use of any premises shall expire by limitation unless
construction or alteration shall have been actually commenced on each
and every structure permitted by said variance, or unless such permitted
use has actually been commenced, within nine months from the date
of entry of the judgment or determination of the Board of Adjustment;
except, however, that the running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Board of Adjustment to the Borough Council, or to
a court of competent jurisdiction, until the termination in any manner
or such appeal or proceeding.
(9)
Appeal to the Borough Council. Any interested party
may appeal to the Borough Council any final decision of the Board
of Adjustment approving an application for use variance. Such appeal
shall be made within 10 days of the date of publication of such final
decision. The following procedure shall be followed:
(a)
The appeal to the Borough Council shall be made
by serving the Borough Clerk in person or by certified mail with a
notice of appeal specifying the grounds thereof and the name and address
of the appellant and name and address of his attorney, if represented.
Such appeal shall be decided by the Borough Council only upon the
record established before the Planning Board or Board of Adjustment.
A fee of $100 shall accompany this notice.
(b)
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 163-35H, and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument of the record at such meetings, and the Borough Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 163-34.
(c)
The Borough Council shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to § 163-34 or otherwise, for use by the Borough Council. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within a specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
(d)
The Borough Council may reverse, remand or affirm,
wholly or in part, or may modify the final decision of the Board of
Adjustment.
(e)
The affirmative vote of a majority of the full
authorized membership of the Borough Council shall be necessary to
reverse, remand or modify any final action of the Board.
(f)
An appeal to the Borough Council shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed was made unless the Board from whose action the
appeal is taken certifies to the Borough Council, after the notice
of appeal shall have been filed with such Board, that by reasons of
facts stated in the certificate a stay would, in it opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court on application
upon notice to the Board from whom the appeal is taken and on good
cause shown.
(g)
The Borough Council shall mail a copy of the
decision to the appellant or if represented then to his attorney,
without separate charge, and for a reasonable charge to any interested
party who has requested it, not later than 10 days after the date
of the decision. A brief notice of the decision shall be published
in the official newspaper of general circulation in the municipality.
Such publication shall be arranged by the applicant unless a particular
officer is so designated by ordinance, provided that nothing contained
herein shall be construed as preventing the applicant from arranging
such publication if he so desires. The period of time in which an
appeal to a court of competent jurisdiction may be made shall run
from the first publication, whether arranged by the municipality or
the applicant.
(h)
Nothing in this act shall be construed to restrict
the right of any party to obtain a review by any court of competent
jurisdiction according to law.
F.
Violations and penalties.
(1)
For each and every violation of any provision of this
chapter, the owner, contractor or other persons interested as general
agent, architect, building contractor, owner, tenant or any other
persons who commit or take part or assist in any violation of this
chapter, or who maintain any building or premises in which any violation
of this chapter shall exist and who shall refuse to abate said violation
within five days after written notice, shall for each and every violation
be fined not exceeding $1,000 or imprisonment for a period not exceeding
90 days or by a period of community service not exceeding 90 days.
Each and every day that such violation continues after such notice
shall be considered a separate and specific violation of this chapter.
(2)
In addition to the powers given to the Zoning Officer
as prescribed elsewhere by this chapter, the owner of, or any person
having interest in, any property in the Borough of Chester may make
complaint for any violation of this chapter or any provisions or section
thereof, and upon conviction, in such case, the penalties herein provided
shall be imposed.
(3)
In addition to the remedies herein provided, any person,
persons, company or corporation violating this chapter or any provision
or section thereof, may be proceeded against by the Borough of Chester
by appropriate action, or by proceeding in equity, or otherwise to
prevent and enjoin any threatened violation of this chapter.
(4)
If a violation of the same provisions of this chapter
reoccurs, further notice to abate need not be issued, and a Municipal
Court complaint from the Zoning Officer may be issued immediately.
[Amended 7-6-2004 by Ord. No. 2004-20]
G.
Repeat offenders, additional fines.
(1)
Any person who is convicted of violating an ordinance
of the Borough, within one year of the date of a previous violation
of the same ordinance, and who was fined for the previous violation,
shall be sentenced to an additional fine as a repeat offender.
(2)
The additional fine imposed upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the ordinance, but shall be calculated separately
from the fine imposed for the violation of the ordinance.
Purpose. In Holmdel Builder's Ass'n v. Holmdel
Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory development fees are authorized by the Fair Housing
Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution
subject to COAH rules. The purpose of this chapter is to establish
standards for the collection, maintenance and expenditure of development
fees pursuant to COAH's rules. Fees collected pursuant to this chapter
shall be used for the sole purpose of providing low and moderate income
housing. This chapter shall be interpreted within the framework of
COAH's rules on development fees.
A.
Residential development fees. Developers shall pay a fee of 1% of equalized assessed value for any eligible development pursuant to Subsection C of this section.
[Amended 6-21-2005 by Ord. No. 2005-12]
B.
Nonresidential development fees. Developers shall pay a fee of 2.5% of equalized assessed value for any eligible nonresidential development pursuant to Subsection C of this section. Notwithstanding the foregoing, developers of the following types of nonresidential development shall be subject to a reduced fee of 1% of equalized assessed value:
[Amended 6-21-2005 by Ord. No. 2005-12; 7-18-2006 by Ord. No. 2006-16; 9-2-2008 by Ord. No.
2008-19]
C.
Eligible development, ineligible development, and
exemptions.
(1)
Developers of low and moderate income units and inclusionary
housing units shall be exempt from paying development fees.
(2)
Developers that have received municipal approvals
prior to the effective date of this chapter shall be exempt from paying
a development fee unless the developer seeks a substantial change
in the approval.
(3)
Developers that expand an existing structure shall
pay a development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
(5)
Developers who demolish a single existing structure and replace it with a single new structure shall pay a development fee. The development fee shall be calculated based on the percent of equalized assessed value of the new structure pursuant to Subsections A and B of this section.
[Added 7-7-2015 by Ord.
No. 2015-10[1]]
[1]
Editor's Note: This ordinance also provided for an effective
date of January 1, 2014.
D.
Collection of fees.
(1)
Developers shall pay 50% of the calculated development
fee to Chester Borough at the issuance of a building permit. The development
fee shall be estimated by the Tax Assessor prior to the issuance of
a building permit.
(2)
Developers shall pay the remaining fee to Chester
Borough at the issuance of temporary certificates of occupancy, or
at the issuance of permanent certificates of occupancy if no temporary
certificates were issued. At the issuance of the first certificates
of occupancy (temporary or permanent), the Tax Assessor shall calculate
the equalized assessed value and the appropriate development fee.
The developer shall be responsible for paying the difference between
the fee calculated at the issuance of the certificate of occupancy
and the amount paid at the issuance of the building permit. No certificate
of occupancy can be issued without the development fee being paid.
Failure to pay the required development fee shall result in the filing
of a lien by the Borough subject to tax sale.
[Amended 12-4-2007 by Ord. No. 2007-24; 9-2-2008 by Ord. No. 2008-19]
E.
Housing Trust Fund. There is hereby created an interest
bearing Housing Trust Fund for the purpose of receiving development
fees from residential and nonresidential developers. All development
fees paid by developers pursuant to this chapter shall be deposited
in this fund.
F.
Use of funds.
(1)
Money deposited in the Housing Trust Fund may be used
for any activity approved by COAH for addressing Chester Borough's
low and moderate income housing obligation. Such activities may include,
but are not necessarily limited to: housing rehabilitation; new construction;
regional contribution agreements; the purchase of land for low and
moderate income housing; extensions and/or improvements or roads and
infrastructure to low and moderate income housing sites; assistance
designed to render units to be more affordable to low and moderate
income people; and administrative costs necessary to implement Chester
Borough's housing element. The expenditure of all money shall conform
to a spending plan approved by COAH.
(2)
At least 30% of the revenues collected shall be devoted
to render units more affordable. Examples of such activities include
but are not limited to: down payment assistance; low interest loans;
and rental assistance.
(3)
No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise or implement
the housing element. Examples of eligible administrative activities
include: personnel; consultant services; space costs; consumable supplies;
and rental or purchase of equipment.
(4)
Development fee revenues shall not be expended to
reimburse Chester Borough for housing activities that preceded substantive
certification.
(5)
Chester Borough will use the funds for indigenous
housing rehabilitation.
G.
Expiration of section. This section shall expire if:
(1)
COAH dismisses or denies Chester Borough's petition
for substantive certification.
(2)
COAH revokes substantive certification or its certification
of this chapter.
(3)
Substantive certification expires prior to Chester
Borough's filing an adopted housing element with COAH, petitioning
for substantive certification or receiving COAH's approval of this
chapter.
A.
Purpose. The Borough of Chester acknowledges the need
to provide its fair share of housing for low and moderate income households.
The Borough further acknowledges the primary purpose of the establishment
of "accessory apartment" as a conditional use in certain zones of
the Borough to help satisfy the Borough's housing obligations as they
are prescribed by the New Jersey Council on Affordable Housing. To
the extent possible, any property owner applying for an accessory
apartment as a conditional use under this section must affirmatively
demonstrate and represent to the Planning Board and the Planning Board
must affirmatively find that the accessory apartment is to be rented
to a low or moderate income household.
B.
Marketing. The accessory apartments shall be marketed
pursuant to an affirmative marketing plan in compliance with N.J.A.C.
5:93-11 and adopted and implemented by the Borough of Chester. The
marketing of the apartments shall explicitly target the Northwest
Housing Region for initial and all subsequent rentals.
C.
Permitted conditional uses. Within the B-1, B-2, LBT,
RLD and RHD Zones and in addition to permitted uses, a structure may
have an accessory apartment located therein as hereinafter described,
subject to Planning Board approval as may be required, and subject
to the standards specified as follows:
(1)
The single-family dwelling in which the accessory
apartment is to be located must be located on a lot having a minimum
area as required in the zone district.
(2)
The owner of the property must reside in the dwelling,
either in the main portion of the dwelling or in the accessory apartment.
(3)
No accessory apartment may have a floor area of less
than 400 square feet nor shall such floor area exceed an area equal
to 25% of the total floor area of the existing single-family detached
dwelling. For the purposes of this section, the area of a single-family
detached dwelling shall be the total area of all the areas of the
house, measured from the outside faces of the exterior walls, including
the area of basements. The area of the single-family house shall not
include roofed but unenclosed areas such as porches and carports.
Also for the purposes of this section the net floor area of the dwelling
shall not include any hall providing the dwelling with access to the
outdoors.
(4)
The accessory apartment shall have a living and sleeping
space, cooking facilities, a kitchen sink and complete sanitary facilities
for the use of its occupants. The apartment shall consist of not less
than two rooms, one of which shall be a bathroom with flush toilet,
wash basin and shower or tub. All rooms shall have access to one another
within the apartment.
(5)
The apartment shall have direct access to the outdoors
or to a hall from which there is direct access to the outdoors. If
the apartment is located above the second floor there shall be at
least two such means of access to the outdoors, and they shall be
approved by the construction official. No apartment shall be located
above the third floor.
(6)
No change shall be made in the exterior of the dwelling
which would detract from its external appearance as a single-family
dwelling, except that a separate door to serve as an entrance and
exit to the accessory apartment may be installed, provided that it
does not abut the front yard.
(7)
Off-street parking for the accessory apartment shall
be provided at the rate of one space per bedroom per dwelling unit,
and all parking shall be provided in side or rear yard areas.
(8)
The rent charged for occupancy of the accessory apartment
will be no more than 57.5% of the region's median income, including
utilities.
(9)
The rent shall be based on the number of bedrooms
in accordance with N.J.A.C. 5:93-7.4.
(10)
A site plan application shall be submitted to
the Planning Board.
(11)
Prior to the construction of an accessory apartment,
there shall be secured a construction permit from the Construction
Official. The Construction Official shall have issued a certification
occupancy prior to the apartment being occupied.
[Added 12-28-2017 by Ord.
No. 2017-10]
A.
Requirements.
(1)
Municipally sponsored one-hundred-percent affordable housing
development shall be permitted on any lot in existence as of August
10, 2004.
(2)
Minimum requirements.
(a)
Minimum lot area: one-quarter acre (10,890 square feet).
(b)
Not including the required minimum lot area set forth above,
municipally sponsored one-hundred-percent affordable housing development
shall conform to the zoning requirements set forth in the Schedule
of Lot Area, Yard and Building Requirements[1] area and yard setbacks for the zone in which the lot is
located.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
Where, by reason of size, shape or other factors uniquely affecting
a parcel of land such that the minimum requirements cannot be met,
the yard requirements may be reduced without an appeal to the Board
of Adjustment provided that the lot and building requirements may
be reduced by the same percentage that the lot area bears to the zone
requirements, except that no lot or yard area requirement shall be
reduced to less than 50% of the zone requirement for a lot or principal
building, and the maximum permitted impervious coverage for the lot
shall not be increased to more than 150% of the maximum permitted
for the size of the lot.
(d)
No accessory building shall be located in the front yard and
no accessory building side yard setback shall be less than 12 feet.
(e)
Where a lot is served by an individual subsurface septic disposal
system, the development shall obtain Board of Health approval.
(f)
The development shall comply with all applicable Highlands development
requirements.
(g)
The affordable housing development shall be creditable toward
the Borough's affordable housing obligation and shall administratively
conform to applicable affordable housing regulations and statutes.
(h)
The development shall be subject to architectural review in accordance with the procedures set forth at § 163-87.
(i)
Modified site plan waiver requirement. The development shall receive approval from the Planning Board in accordance with the site plan waiver procedures set forth in § 163-70P(1)(a), however, the municipally sponsored one-hundred-percent affordable housing development shall not be required to conform to Subsections (1) and (2) of the definition of "minor site plan" set forth at § 163-6 to qualify for, and for the Board to consider and approve an application for, modified site plan waiver.
