Township of Chesterfield, NJ Article XI Conditional Uses

§ 130-47 Guiding principles.

[Amended 12-12-2024 by Ord. No. 2024-25]

A conditional use is a use that is permitted in a particular zoning district only upon a showing that such use in the specific location will comply with the conditions and standards for the location or operation of such use set forth below, and upon the issuance of an authorization therefor by the Zoning Officer or the Planning Board as required. Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Chesterfield and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the Approving Authority shall have original jurisdiction pursuant to the procedural requirements established in this chapter to grant a permit for a conditional use under the terms and conditions established by this chapter. All conditional use applications shall require site plan approval, except as specified by § 130-48L.

A. Specifically authorized. The use for which application is being made is specifically authorized as a conditional use in this chapter for the zone in which located.

B. Design standard.

(1) The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:

(a) Character of the neighborhood and zone.

(b) Conservation of property values.

(c) Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.

(d) Potential congestion of vehicular traffic or creation of undue hazard.

(e) Principles and objectives of this chapter and planned development of the Township of Chesterfield.

(2) Minimum standards established. In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the Approving Authority will implement the intent and objectives of this section and chapter. In addition, in reviewing any application for a conditional use, the Approving Authority shall apply the applicable standards set forth in § 130-48 below.

§ 130-48 Specific uses and standards.

[Amended 10-12-2011 by Ord. No. 2011-18; 7-28-2022 by Ord. No. 2022-12; 12-12-2024 by Ord. No. 2024-25]

A. Home occupations. Home occupations shall be conducted only as an accessory use. The purpose of these requirements is to recognize home occupations as a legitimate accessory use, but that they are a nonresidential use in a residential neighborhood. Should a home occupation grow beyond its originally approved limits, it is the intent of this chapter that the use be interpreted as having changed to a new use subject to review and approval by the Approving Authority. A denial of the new use will require either moving it to a zoning district where it is permitted or scaling down the operations to the level of a permitted home occupation. A home occupation shall be conducted solely by resident occupants of the lot, except that no more than one person not a resident of the building may be employed on the premises at any one time or no more than two people may be dispatched from the lot per day. Also, no more than 900 square feet or the equivalent of the first floor area of the building, whichever is smaller, shall be used for the home occupation. The home occupation shall remain subordinate and incidental to the principal residential use. The minimum area for the residence shall remain at least as large as that required for residences; no display of products shall be visible from the street; the residential character of the neighborhood and buildings shall not be changed; the occupation shall be conducted entirely within either the dwelling or accessory building, but not both; no occupational sound shall be audible outside the building; no machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences; adequate parking shall be provided; and the use shall not reduce the parking or yard requirements of the principal residential use.

B. Veterinary hospital. A veterinary hospital is a facility operated by a licensed veterinarian or veterinarian surgeon which engages in the practice of treating diseases and injuries of farm and domestic animals, surgically or medically, shall be permitted as conditional use within the Agricultural District under the standards of § 130-14B, provided that the Approving Authority finds that the following standards are met:

(1) No building or buildings will occupy more than 25% of the lot area. Minimum lot size shall be four acres.

(2) Such use will in no way be detrimental to surrounding property values and that the structure of proposed use will serve a useful purpose to the general welfare of the Township.

(3) Signs may be illuminated but nonflashing and limited in area to not more than 30 square feet on any one side and shall not be closer than five feet from any street line or 15 feet from any other property line.

(4) The front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located. An applicant seeking to exceed the height limit shall apply for a bulk variance, but in no event may the applicant's requested height be ten-percent greater than the height limits imposed by the zoning criteria for the zoning district in which the property is located or 10 feet, whichever is less.

(5) The off-street parking requirement standard may be increased where necessary to provide sufficient parking for the number of cars anticipated to utilize the proposed use.

(6) All utilitarian and service areas are adequately screened and buffered in accordance with the standards set forth in Article XII.

(7) Minimum distance of any outside kennels or pens for animals (other than livestock) shall be 200 feet from the closest lot line.

C. Cemetery. A cemetery is a permitted conditional use within any AG zone under the standards of § 130-14C, provided that the Approving Authority determines the following conditions to be met:

(1) That the location of the cemetery will not unduly restrict proposed development of the community and that a proposed cemetery or extension of the cemetery conforms to the general overall development plan of the Township of Chesterfield.

(2) That the access to the cemetery is so arranged and designed that impairment of traffic flow on adjoining streets will be minimized.

(3) That the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties.

(4) That sufficient fencing, landscaping, including trees, shrubs and lawn are provided to serve as a buffer between said use and adjoining properties and to assure an attractive appearance for the use.

D. Retail nursery outlets/sale of farm products shall be permitted in any AG Zone as a conditional use under following provisions:

(1) Farmstands will not be detrimental to the general area surrounding the lot on which it is to be erected.

(2) Farmstands and their uses will not unduly interfere with the rights of adjoining lot owners to light, air, drainage and freedom from pollution.

(3) Farmstands will be no closer to the front property line than 50 feet and no closer to the side property line than 50 feet.

E. Nursery school/day-care facility (see § 130-14E) may be authorized by the Planning Board as a conditional use in all districts subject to the following standards, specifications and criteria:

(1) The use will not injure or detract from the use of neighboring property.

(2) The use will not detract from the character of any residential neighborhood.

(3) The use of the property adjacent to the area included in the plan is adequately safeguarded.

(4) The property is suitable for the intended use.

(5) The use will serve the best interests of the Township.

(6) The use will not adversely affect public facilities and services, such as water, sewer, utilities and police and fire protection.

(7) The use will not adversely affect the existing drainage facilities.

(8) The use will not adversely affect the safe flow of traffic and adequate roadway accesses shall be provided to protect roadways from undue congestion and hazards.

(9) The architecture will be compatible with the neighborhood.

(10) Additional parking may be required by the Planning Board if analysis of the proposed type of operation and number of employees and visitors involved indicates the above ratio will not generate sufficient parking spaces.

(11) Separate vehicle stacking lanes for pedestrian dropoff and pickup shall be provided. The minimum number of stacked cars shall be determined by the Planning Board at time of site plan review.

(12) All active recreation areas shall be fenced with a four-foot-high vinyl-covered chain link fence or equivalent.

(13) All property lines adjacent to residential lots shall be buffered with evergreen trees as determined by the Planning Board. The evergreen buffer species, height at time of planting and spacing shall be sufficient to create a visual buffer within three years from the time of installation. Parking lots, play areas and accessory buildings shall also be buffered if required by the Planning Board.

(14) Outdoor areas located near hazardous areas as determined by the Planning Board shall be fenced or otherwise protected as directed by the Planning Board.

(15) The use will serve the best interests of the Township.

(16) The required outdoor play area shall be green, open and unpaved for active recreational activities.

(17) In residential districts, the exterior of structures used for child-care centers shall be architecturally designed as a residential unit compatible with the types of units existing or to be located in the neighborhood. Drawings of the building's exterior design shall be submitted and approved by the Planning Board. This requirements shall not be applicable to child-care centers operating in churches.

(18) Child-care centers operated in a residential structure by the owner-occupant with no employees shall be exempt from the applicable standards, provided that no more than five nonresident children are on the premises at any one time.

(19) The minimum lot size in each district shall be increased by 500 square feet per child for every child in excess of five.

(20) The minimum outdoor play areas shall be 150 square feet per child.

F. Utility facilities (such as pumping stations and transformers). Public utility uses shall be permitted as a conditional use in any zone district, provided that the Approving Authority shall find the following:

(1) That the proposed use in a specific location is necessary for the efficiency of the public utility system.

(2) That the design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of adjoining property or within the neighborhood.

(3) That the adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawns, shall be provided and will be periodically maintained by the public utility.

(4) That all other requirements and specifications for the zone district in which such use is located will be met and observed.

G. Theaters: movie or live. (Reserved.)

H. Elderly housing (with/without on-site nursing facility).

(1) Age-restricted triplex or apartment dwellings, provided that the following conditions are met:

(a) Minimum tract size: two acres.

(b) Maximum number of units per building: 12 units.

(c) Minimum distance between buildings: 40 feet.

(d) Minimum distance from tract perimeter: 50 feet.

(e) Maximum height: 42 feet and/or three stories.

(2) Age-restricted apartments shall be permitted a common activity room and a common laundry within the confines of a building.

I. Service stations.

(1) All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building and no dismantled parts, junk vehicles or unregistered vehicles shall be placed outside.

(2) Service stations shall not be stripped along available highway frontage or at each quadrant of a convenient intersection. They shall be located according to an overall plan for the neighborhood as approved by the Approving Authority. Ingress and egress shall be designed to recognize the turning movements generated. Access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping. No service station shall have an entrance or exit for vehicles within 200 feet of any school, playground, church, hospital, public building or residential zoning district line, except where such property is on another street which the lot in question does not abut.

(3) All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street right-of-way line at least 30 feet and from any other property line at least 50 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.

(4) No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six licensed and registered motor vehicles may be located outside a service station building at any one time.

(5) The exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the service station site, the maximum sign area for a service station is not exceeded and that the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the on-lot traffic circulation indicated on the approved site plan.

J. Solar energy facilities or structures. Solar energy facilities and structures are hereby permitted as conditional accessory uses in the AG, R-1 and Village Zones, subject to the conditions specified in § 130-144.

K. Cannabis uses.

(1) Purpose. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act"), legalized the recreational use of cannabis by adults 21 years of age or older, and established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession. The Act also required municipalities to opt in or opt out of permitting cannabis businesses, and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations. Section 87-7 of this Code permits cannabis cultivation, cannabis manufacturing and cannabis wholesaling facilities as conditional uses in the "C" Commercial Zoning District, "OP" Office Park Zoning District, and "AG" Agricultural Zoning District. This section sets forth the land use requirements for cannabis cultivators, cannabis manufacturers and cannabis wholesalers and is designed to protect the community from visual and other adverse impacts of the uses.

(2) Lighting. Greenhouse interior lighting will likely extend beyond sunset and light trespass at night should be prevented through the use of blackout shades with side tracking or other comparable technologies, activated dusk to dawn. All outdoor lighting shall comply with Township ordinances.

(3) Noise. Noise generated on site shall be in compliance with all applicable state and township noise regulations.

(4) Odor control. A cannabis business licensee shall prevent all odors generated from the cultivation and storage of cannabis from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters or other odor removal and elimination technology effective in the cannabis industry. All ventilation and exhaust systems shall function together to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line.

(5) Water use. In addition to meeting all other Township requirements, the applicant shall provide a water conservation plan, which describes how rainwater will be captured and reused and how irrigation water shall be recirculated, with zero waste. Additionally, the water conservation plan shall include other features, including, but not limited to:

(a) Evaporative barriers on exposed soils and pots;

(b) Timed drip irrigation;

(c) Soil moisture monitors; and

(d) Use of recycled water.

(6) Stormwater management. Stormwater management shall be provided sufficient to satisfy all New Jersey Department of Environmental Protection and Township stormwater control standards, except that applicants shall recharge 100% of the average annual pre-construction groundwater recharge volume for the site.

(7) Buffering. Densely planted vegetated buffering of at least 50 feet shall be installed along all property lines, except for driveways or other access points. Buffering shall be consistent with § 130-80F of this Code.

(8) Building design. Cannabis cultivators must design the growing facilities within greenhouses or other fully-enclosed buildings that are designed to maximize solar energy use and minimize the use of other energy sources. The applicant shall maintain the design of the buildings on the site in accordance with the approved plans (e.g., floor plans and site plans).

(9) Energy conservation. Recognizing that the operation is energy-intensive, the installation and operation of solar PV generators is required for a portion of the energy usage on site for all cannabis businesses.

(10) Farmland soil preservations. Every cannabis cultivator shall:

(a) Identify all prime agricultural soils, soils of statewide importance, and soils of local importance on the site plan.

(b) Design the site to avoid these soils to the maximum extent practical in the siting of impervious cover;

(c) To the extent impervious cover cannot avoid these soils, the applicant shall consult with the USDA-NRCS and shall follow the USDA-NRCS recommendations for protecting the soils to the extent possible; and

(d) Prepare and submit to the Township a soils management and restoration plan to restore the agricultural land in the event that the facility ceases to operate.

(11) The minimum lot size requirement for cannabis businesses shall be 10 acres.

(12) No cannabis business shall be located within 1,000 feet of a school or daycare center.

L. Special occasion events on preserved farms.

(1) Definition. "Special occasion events" are defined as a wedding, lifetime milestone event, or other cultural or social event conducted, in whole or in part, on preserved farmland on a commercial farm. For the purposes of this section, a commercial farm is defined by N.J.S.A. 4:1C-1 et seq (the Right to Farm Act) except that it shall not include a farm that qualifies for farmland assessment based entirely on a woodland management plan or forest stewardship plan. For the purposes of this section, the preserved commercial farm must be a working farm that is permanently preserved pursuant to N.J.S.A. 4:1C-11 et seq. (Agriculture Retention and Development Act), N.J.S.A. 13:8C-1 et seq. (Garden State Preservation Trust Act), or N.J.S.A. 40:55D-113 et seq. (Transfer of Development Rights Demonstration).

(2) Principle. Consistent with N.J.S.A. 4:1C-32.15 through 32.21, Chesterfield Township aims to enable farmers and owners of preserved farms to pursue business opportunities that support the long-term viability of the agricultural industry, that will provide supplemental income in support of the preserved farm, and that will have minimal impact upon the land's availability and viability for farming. A special occasion event is a temporary commercial use that is conditionally permitted as an additional use of land that is principally and primarily used for commercial farming.

(3) Reviewing authority.

(a) For preserved farms for which Chesterfield Township is the easement holder ("TDR" farms), Chesterfield Township is the reviewing authority.

(b) For preserved farms for which Burlington County or the State of New Jersey (SADC) is the easement holder, both Chesterfield Township and Burlington County Agriculture Development Board are the reviewing authorities.

(4) Special occasion events on preserved farms are permitted subject to the following standards:

(a) All special occasion events shall be in conformance with the requirements of Chapter 167 Special Occasion Events on Preserved Farms.

(b) All applicants for special occasion events must be in full compliance with the Farmland Preservation Deed of Easement.

(c) Small/minor special occasion events. Small/minor special occasion events that will have fewer than 100 guests or participants and that will take place between the hours of 7:00 a.m. and 8:00 p.m. shall submit an application that will be administratively reviewed and approved or denied by Chesterfield Township officials.

(d) Large/major special occasion events. Large/major special occasion events that will have more than 100 guests or participants and/or that will take place between the hours of 8:00 a.m. and 11:00 p.m. shall submit an application that will first be reviewed by Chesterfield Township officials, who will provide a report to Township Committee. Township Committee will review and approve or deny applications for large/major special occasion events.