A.
All applications for development in the Borough shall
demonstrate conformance to design standards that will encourage sound
development patterns within the Borough. Where either a Master Plan,
a land use element of a Master Plan, and/or an Official Map have been
adopted by the Borough, the proposed development shall conform to
the proposals and recommendation contained therein. The streets, school
sites, public parks, playgrounds and playfields, etc., shown therein
shall be considered in the approval of subdivision or site plans.
Proposed development in the Borough shall conform to the standards
of the Pinelands Comprehensive Management Plan.
B.
Land which the Borough finds to be in areas identified
in the Natural Resources Inventory as having soil characteristics
which will produce flooding, improper drainage, or other features
which can reasonably be expected to be harmful to the health, safety,
and general welfare of present or future inhabitants, shall not be
subdivided, nor shall site plans be approved unless adequate and acceptable
methods, meeting the requirements of this chapter, are formulated
by the developer or applicant which solve the problems.
C.
Whenever a development abuts or crosses a municipal
boundary, as a general rule, access to those lots within the Borough
shall be from within the Borough. Wherever an exception occurs and
access to a development is required across land in an adjoining municipality,
the Borough shall require documentation that such access is legally
established, that the access road or roads are adequately improved,
and will not create a hardship upon the furnishing of services by
the Borough, such as police and fire protection, trash collection,
snow removal, and school bus service.
D.
Construction above curb level. In any district in
the Borough of Chesilhurst, in any residential structure that contains
two or more dwelling units, there must be constructed for the first
floor of all houses or duplexes, a foundation that is at least two
feet above the curb level at the front of the building.
[Added 11-10-1988 by Ord. No. 88-9]
E.
Drainage. In order to eliminate any recurrent or excessive
accumulation of stormwater, dry sewell lines for drainage shall be
required for all new residential construction of single-family homes
or duplexes in accordance with the rules and regulations of the Borough
of Chesilhurst.
[Added 11-10-1988 by Ord. No. 88-9]
[Amended 5-11-2006 by Ord. No. 2006-6]
Within the residential zoning districts, for
residential uses, accessory buildings shall be permitted in accordance
with the size and setback requirements set forth in the applicable
section. For nonresidential uses, accessory buildings shall adhere
to the yard and setback requirements for the principal building unless
otherwise specified in the applicable section. Accessory buildings
shall be compatible in appearance with the area in which they are
located.
[Added 12-13-1984 by Ord. No. 84-3]
A.
Statement of policy. In the development and execution
of this chapter, it is recognized that there are some uses, which
because of their very nature, are recognized as having serious objectionable
operational characteristics, particularly when several of them are
concentrated under circumstances having a deleterious effect upon
the adjacent areas. Special regulation of these uses is necessary
to insure that these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhood.
C.
Regulations governing adult uses. Every licensee of
an adult use shall comply with the following regulations as applicable:
(1)
The licensed premises and all activities conducted
therein shall in all respects comply with the laws of the State of
New Jersey and the ordinances of the Borough of Chesilhurst.
(2)
Any police officer, any Health Officer, any Uniform
Construction Code or Subcode Official, any Zoning Officer, any property
maintenance officer, the Administrator, and any members of a Borough
Committee are authorized to enter any licensed premises at any time
for purposes of inspection and/or enforcement of the provisions of
this section and the laws of the state and ordinances of the Borough
as applicable.
(3)
No person under the age of 18 shall be admitted to
any licensed premises at any time for any purpose. Licensees shall
conspicuously post a sign giving notice of this regulation.
(4)
Hours of operation shall not be earlier than 9:00
a.m. nor later than 12:00 midnight, prevailing time, on weekdays and
Saturdays. All licensed premises shall be closed on Sundays.
(5)
No smoking is permitted in any adult mini motion picture/live
entertainment theatre at any time. No consumption of alcoholic beverages
is permitted at any time in any adult use.
(6)
No automatic coin-operated machine or machines of
any type shall be permitted in a licensed premises unless a separate
currently valid license shall have first been obtained to operate,
maintain or install such machine or machines. If any premises licensed
under this section shall also be licensed to operate, maintain or
install such automatic coin-operated machine or machines, such licensee
shall also comply with the regulations applicable to automatic coin-operated
machines.
(7)
No licensee shall cause or permit any premises licensed
under this section to be operated in such a manner as to constitute
a nuisance.
(8)
As used in this section, the term "licensee" shall
include not only the owner of a licensed premises, but also any operator,
tenant, lessee, agent, servant, employee, manager, clerk, partner,
or officer of such licensed premises if such person is responsible
or holds himself out as being responsible for the operation of such
licensed premises. Evidence of responsibility for the operation of
such licensed premises may include but shall not be limited to receipt
of money from customers in exchange for goods or services sold to
such customers.
(9)
No
permitted adult use shall be located within 200 feet of any existing
church, synagogue, or other place of worship; within 200 feet of any
religious, charitable or nonprofit institution, or any public or private
school, nursery, child care center, public community center, park,
playground, recreation center, or similar use; or within 200 feet
of any premises, licensed for the sale of alcoholic beverages. The
foregoing distance limitations shall be measured by a straight line
drawn from the nearest point of the lot boundary on which the proposed
adult use is to be located to the nearest point of the lot or district
boundary, as the case may be, of the other use district, and such
uses, district boundary lines and dimensions shall be indicated on
the submitted plan.
(10)
No permitted adult use shall be located within 200 feet of any existing
residential use in the Borough of Chesilhurst or in any contiguous
municipality, nor within 200 feet of any residential zone in any contiguous
municipality.
(11)
Signs shall meet the requirements specified for retail commercial
activities in the HC Commercial District; additionally, no specified
anatomical areas or specified sexual activity shall be shown, described
or depicted on any signs, advertisements, displays or exhibits that
are visible from outside the building.[2]
(12)
The interior of the adult use building shall be designed so that
no interior contents of the building are visible at any time from
the outside through windows, door openings or in any other manner.
(13)
The interior of any building in which an adult use is located shall
be adequately lighted and shall be constructed so that every portion
thereof is readily visible without obstruction to the clerk or other
person in charge of the building from the counter, booth, cash register,
or other place where such person is normally stationed.
D.
Any person, firm or corporation or other party violating
any of the provisions of this section shall, upon conviction thereof,
be subject to a fine not exceeding $500, or imprisonment in the County
Jail for a term not exceeding 90 days, or both. Each and every violation
and nonconformance to this section, or each day that any provision
of this section shall have been violated, shall be construed as a
separate and distinct violation thereof.
A.
Conformance with standards.
[Amended 11-10-1988 by Ord. No. 88-10]
(1)
All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq.
(2)
Applications for residential development of 50 or
more units and any other development involving more than 100 parking
spaces located in the Borough shall ensure that all state ambient
air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide
shall not be exceeded at places of maximum concentration and at sensitive
receptors.
(3)
Adherence to the standards of the section shall be
determined by means of an air quality simulation model approved by
the New Jersey Department of Environmental Protection pursuant to
N.J.A.C. 7:27-18.3.
[Added 3-12-1998 by Ord. No. 98-1]
B.
Heat. Any operation producing intense heat from steam,
gases, vapors, products of combustion of chemical reaction shall be
performed within an enclosed building or behind a solid fence in such
a manner as not to produce any of the following effects:
C.
Odors. There shall be no emission of odorous gases
or other odorous matter in such quantities as to be offensive at or
beyond an adjacent lot line.
D.
Vibration. No vibration shall be perceptible to the
human senses at or beyond an adjacent lot line.
Where proposed development involves new streets
and, therefore, the creation of new blocks, the following standards
shall apply:
A.
Block length, width, and acreage shall be sufficient
to accommodate the size lot required in the particular zoning district
and to provide for convenient access, circulation, control, and traffic
safety.
B.
All blocks in a subdivision or planned unit development
shall have a minimum length of 500 feet and a maximum length of 1,200
feet, unless special conditions warrant a variance.
[Amended 11-10-1988 by Ord. No. 88-10; 5-11-2006 by Ord. No. 2006-6]
A.
Buffer areas shall be required along all lot lines
between residential uses of different intensities and between residential
and nonresidential uses.
B.
Intent. Buffers shall be created to minimize noise,
to create visual relief from views of loading areas, trash enclosures,
parking areas and the like, and to screen glare from automobile headlights.
C.
Vegetated buffer areas are required in the following
instances:
(1)
Where multifamily residential structures, mobile home
parks or townhouse developments abut single-family residential neighborhoods.
(2)
Where a nonresidential use abuts a residential use
or residential zone.
(3)
To screen aboveground generating facilities, switching
complexes, pumping stations, utility substations and communications
towers and equipment.
(4)
To screen areas used for the storage of five or more
vehicles, whether operable or inoperable (such as at auto repair stations,
etc.).
D.
Buffer size.
(1)
Where multifamily, mobile homes or townhouse structures
adjoin single family residences, a buffer 25 feet in width is required.
(2)
Where a nonresidential use adjoins a residential use
or residential zone, a buffer 50 feet in width shall be provided.
(3)
Landscaped buffers intended to create a visual screen
for outdoor storage areas permitted by ordinance shall be a minimum
of 10 feet in width.
(4)
Landscaped buffers required around trash enclosures
for multifamily or nonresidential uses shall be a minimum of five
feet in width.
E.
Buffer requirements.
(1)
Buffer widths shall be measured horizontally and perpendicularly
to lot and right-of-way lines.
(2)
No structure, activity, storage of materials, or parking
of vehicles shall be permitted in the buffer area.
(3)
Fences may be installed in the buffer area at the
discretion of the reviewing Board, as long as the buffer does not
contain a conservation restriction.
(4)
Existing vegetation, particularly hedgerows, should
be incorporated into buffer areas whenever possible.
(5)
Existing woods and healthy trees within the buffer
area should not be cleared unless grading is a necessity as determined
by the reviewing Board's engineer.
(6)
Where existing vegetation is to remain in the buffer
area, but where the existing trees to not create a sufficient visual
screen, additional shade tolerant plantings shall be installed to
supplement the natural buffer.
(7)
Buffers shall contain a mix of trees and shrubs which
are predominantly evergreen, and shall provide the equivalent of two
staggered rows of evergreen trees; each tree planted 15 feet apart.
(8)
Evergreen trees shall be a minimum of six feet in
height, balled and burlapped and sheared at the time of planting.
Other shrubs shall be a minimum of three feet at the time of planting.
(10)
Any plant material installed within the buffer
that does not live shall be replaced within one growing season.
Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard and shall not interfere with the requirements for sight triangles, per § 285-81. The remaining two yards on the lot may be considered as side yards and subject to the requirements for same.[1]
[1]
Editor's Note: Original § 1307 Duplexes,
amended 4-11-1991 by Ord. No. 91-3, which immediately followed this
section, was repealed 3-12-1998 by Ord. No. 98-1.
A.
Easement across property in the Borough may be required
for public utility purposes. Such easements shall be at least 20 feet
wide for one utility and five additional feet for each additional
utility. Easements should be located in consultation with the utility
companies or the appropriate Borough officials. To the fullest extent
possible, easements should be centered on, or adjacent to, rear or
side lot lines.
B.
Easements across property in the Borough may be required for stormwater drainage. Such easements shall be at least 25 feet, or a lesser width if a lesser need is demonstrated per the standards under § 285-76 of this chapter.
C.
Whenever the internal grading of a lot is necessary
to form a basin, channel, or other drainage feature to intercept or
direct water, the areas so graded shall be designated by recorded
instrument, in such a way as to give notice to future owners of said
property and to insure continued maintenance of the drainage feature.
D.
All easements shall be indicated on the preliminary
and final plats and shown in such a manner that their boundaries can
be accurately determined.
A.
Purposes. The purpose of this section is to promote
the conservation of energy through the use of planning and land development
practices designed to reduce energy consumption, to orient new streets
and structures as to permit, within the limits of practicability and
feasibility, the maximizing of solar gain, and to encourage the effective
use of passive solar or other energy-saving building design techniques.
B.
Standards. All subdivisions and site plans shall conform
to the following:
(1)
All proposed structures shall have no shaded solar
access to the entire south facing side 75% of the time on December
21 between 8:45 a.m. and 3:15 p.m. (Eastern Standard Time) unless
topographical or natural features of the site require a waiver of
this provision;
(2)
Newly created lots and subdivisions shall contain
deed restrictions enforcing the above solar access standard for all
new construction and plantings;
(3)
Streets shall be oriented, within the limits of practicability
and feasibility, along an east-west axis, with deviations allowed
up to 30° from true east-west, in order to maximize solar gain
to new structures;
(4)
Seventy-five percent of all proposed structures in
a subdivision or other land development shall have their perpendicular
line from the long axis located within 30° of true south, unless
topographical or natural features of the site require a waiver of
this provision;
(5)
Where building location, based upon the above requirements,
causes a conflict with setback requirements of this chapter, said
setback requirements may be waived so long as they do not adversely
affect buffering with contiguous uses; and
(6)
All subdivision and site plan applications to the
Borough shall contain the following information, in addition to the
other details required by this chapter:
(a)
Direction of true north;
(b)
When two or more lots are involved, a square
shall be shown on each lot illustrating the location within which
buildings can be placed without creating shadows over adjacent buildings,
or the orientation of buildings within the square shall be shown.
Solar access overlays at one inch equals 40 feet and one inch equals
100 feet are available at the Borough Hall for use by the applicant.[1]
[1]
Editor's Note: Original § 1309C,
Energy conservation option, which immediately followed this subsection,
was repealed 3-12-1998 by Ord. No. 98-1.
C.
Waiver provisions. The Planning Board may waive or
reduce any requirements of this section when the applicant demonstrates
that it is not practical or feasible to comply with these regulations.
[Amended 5-11-2006 by Ord. No. 2006-6]
A.
Intent. Fences shall function to create privacy, provide
security and screen areas from view. It is the intent of this section
to discourage fences higher than six feet in height except in those
limited instances where a permitted use may require a higher fence
for safety or security.
B.
Fence standards.
(1)
Fences should be located and constructed in such a
manner that they are aesthetically pleasing and have a minimal impact
on adjacent properties and the neighborhood.
(2)
All fences must be installed within the property lines
and may not encroach upon any right-of-way or public land.
(3)
Fences located from the front building setback line
to the side property line and from the front building setback to the
rear property line on may not exceed six feet in height.
(4)
Fences located closer to the right-of-way than the
front building line (front and side on corner lots) may not exceed
four feet in height.
(5)
Fences within front yard areas shall be of non-solid
construction, preferably of split rail, iron, faux iron, vinyl or
wood.
(6)
Chain link fencing is not permitted in any front yard.
(7)
All permitted fences shall be situated on the lot
in such a way that the finished side of the fence faces adjacent properties.
(8)
Fences that are permitted to exceed six feet in height
must meet the building setback requirements.
(9)
A fence a minimum of four feet in height must be installed
around all residential swimming pools.
(10)
Fences surrounding stormwater management basins
or ponds should be of a material that is aesthetically pleasing and
compliments the site.
C.
The following fences are prohibited:
A.
All applications for development in the Borough shall
demonstrate conformance with the standards for fire hazard mitigation,
as outlined in this section.
B.
Fire hazard classes.
(1)
The potential fire hazard for any parcel of land proposed
for development shall be determined according to the following fire
hazard classes:
[Amended 3-9-1989 by Ord. No. 89-3]
|
Fire Hazard Class
|
Vegetation Type
| |
|---|---|---|
|
Low
|
Atlantic White Cedar
Hardwood Swamps
| |
|
Moderate
|
Non-pine barrens forest
Prescribed burned areas
| |
|
High
|
Pine barrens forest including mature forms of
pine, pine-oak, or oak-pine
| |
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine;
all classes of pine-scrub oak and pine-lowland
|
(2)
All applications for development shall determine the
appropriate fire hazard class by referring to the vegetation map in
the Natural Resources Inventory, supplemented by an on-site inspection
to determine true height and spacing, as is necessary.
C.
For lands classified as moderate, high and extreme
fire hazard areas, all roads shall conform with the following standards:
(1)
All new residential development of 25 units or more
shall have two accessways of a width and surface composition sufficient
to accommodate and support fire-fighting equipment;
(2)
All dead-end roads will terminate in a manner which
provides safe and efficient entry and exit for fire equipment;
[Amended 11-10-1988 by Ord. No. 88-10]
(3)
The rights-of-way of all roads shall be maintained
so they provide an effective fuel break.
D.
For lands classified as moderate, high and extreme
fire hazard areas, a fire hazard fuel break shall be provided around
structures proposed for human use, by selectively thinning, mowing,
or pruning, and maintaining on an annual basis the shrubs, understory
trees, bushes, and ground cover, and removing all dead plant material.
These fuel breaks shall be at widths, measured outward from the structure,
as follows:
E.
Fire hazard fuel breaks within lands classified as
extreme fire hazard areas shall contain no pine tree (Pinus spp.)
that is within 25 feet to another pine tree.
[Amended 11-10-1988 by Ord. No. 88-10]
F.
All applications for development of 100 or more dwelling
units on lands classified as high or extreme fire hazard areas shall
have a two-hundred-foot perimeter fuel break between all structures
and the forest, in which:
(1)
Shrubs, understory trees, and ground cover are selectively
removed, mowed or pruned, and maintained on an annual basis;
(2)
All dead plant material is removed;
(3)
Roads, rights-of-way, and wetlands are incorporated
into the fuel break to the maximum extent practicable; and
(4)
There is a specific program for maintenance.
G.
All new structures proposed for development in the
Borough shall meet the following specifications:
(1)
Roofs and exteriors will be constructed of fire-resistant
materials, such as asphalt rag felt roofing, tile, slate, asbestos
cement shingles, sheet iron, aluminum or brick. Fire-retardant treated
wood shingles or shake-type roofs are prohibited in high or extreme
fire hazard areas.
[Amended 11-10-1988 by Ord. No. 88-10]
(2)
All projections, such as balconies, decks, and roof
gables, shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals;
(3)
Any openings in the roof, attic, and the floor shall
be screened;
(4)
Chimneys and stovepipes which are designed to burn
solid or liquid fuels shall be equipped with screens over the outlets;
and
(5)
Flat roofs shall be prohibited in areas where vegetation
is higher than the roof.
[Amended 11-10-1988 by Ord. No. 88-10]
No development shall be carried out in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
habitats that are critical to the survival of any local populations
of those threatened or endangered animal species designated by the
Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1
et seq. All development or other authorized activity in the Borough
shall be carried out in a manner which avoids disturbance of fish
and wildlife habitats that are essential to the continued nesting,
resting, breeding, and feeding of significant populations of fish
and wildlife.
A.
Identification. The following sources (and other sources
of information, if deemed appropriate) shall be used to specify floodways
and flood hazard areas in the Borough:
B.
Permitted uses.
(1)
Floodway. In a floodway, no development or storage of material shall be permitted except as authorized in § 285-92 of this chapter.
(2)
Flood hazard area. In any flood hazard area, no building or structure shall be permitted if the elevation of any floor of such a structure, including basement, shall be less than one foot above the flood hazard area design flood profile. The following uses are permitted, provided they are in accordance with the requirements of § 285-92 of this chapter:
(a)
Parks, playgrounds, and conservation areas;
(b)
Growing and harvesting of crops;
(c)
Unpaved parking areas;
(d)
Underground utilities;
(e)
Sealed public water supply wells; and
(f)
Yard areas for uses permitted in the adjoining
zoning district or lot, upon approval of the Planning Board, provided
that the area is part of a lot outside the flood hazard area.
An accessory, private garage, whether attached
or unattached to the main structure, may be erected in a residential
zoning district, provided it does not serve more than three vehicles,
does not exceed 20 feet in height, and provided that it shall be no
closer than five feet to the rear or side lot lines, and provided
that the maximum percentage of lot coverage is not exceeded. Garages
shall not be constructed within the area of the front yard.
[Amended 8-8-1985 by Ord. No. 85-7; 4-11-1991 by Ord. No.
91-3; 3-12-1998 by Ord. No. 98-1]
A.
General. Apartments are multifamily buildings where individual dwelling units share a common outside access and a common yard area. Apartments shall contain four or more dwelling units in a single structure and shall be connected to a public sewer system. Apartments shall be permitted only in the Senior Citizen SC District as defined under Article XIII, and shall be designed in accordance with the following schedule of area, bulk, and height requirements.
B.
Schedule of lot, yard, and building regulations.
[Amended 5-11-2006 by Ord. No. 2006-6]
(2)
Minimum tract area: five acres.
(3)
Maximum density with use of PDCs: 5.8 dwellings per
acre.
(5)
Minimum frontage: 100 feet.
(6)
Maximum height: 40 feet (three stories).
(7)
Distance from building to parking: 15 feet.
(8)
Maximum building cover: 25%.
(9)
Maximum impervious surface: 50%.
C.
Open space and buffers.
(1)
Land not utilized for the principle structure or required
for off-street parking shall be devoted to common open spaces and
used as publicly or privately maintained parks, recreation areas,
pedestrian walkways, gardens, stormwater drainage and runoff control
areas, or similar uses.
E.
Storage space and service areas.
[Amended 11-10-1988 by Ord. No. 88-9]
All lots where fill material is deposited shall have sod or seeding or topsoil deposited which shall be graded to allow complete surface draining of the lot into natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties, or which will violate other provisions of this chapter, including § 285-92 pertaining to wetlands. Grading shall be limited to areas shown on an approved site plan or subdivision plan. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site, so as to provide at least six inches of cover to all areas and shall be stabilized by seeding or planting.
[Amended 11-10-1988 by Ord. No. 88-10]
A.
Church spires, cupolas, monuments, water towers, wastestacks,
flag poles, chimneys, windmills, solar energy facilities, electric
transmission facilities and supporting structures and similar structures,
required to be placed above the roof level and not intended for human
occupancy, may be permitted above the maximum height limitation in
any zoning district, provided that such structures are compatible
with uses in the immediate vicinity.
B.
In addition, the antenna and any supporting structure
of a local communication facility of greater than 35 feet may be permitted
above the maximum height limitation in any zoning district, provided
that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 3-12-1998 by Ord. No. 98-1]
[Amended 11-10-1988 by Ord. No. 88-10]
B.
Certificates of appropriateness shall be required
for the following:
(1)
Construction, encroachment upon, alteration, remodeling,
removal, disturbance or demolition of any resource designated by the
Borough Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
C.
Applications for certificate of appropriateness shall
include the information specified in N.J.A.C. 7:50-6.156(b).
D.
A cultural resource survey shall accompany all applications
for major development in order to determine whether any significant
historic resources exist on the parcel. Guidelines for this survey
are contained in Appendix B of the "Cultural Resource Management Plan,"
dated April 1991, as amended. In general, the survey shall include:
a statement as to the presence of any properties listed on the National
and State Registers of Historic Places on the site or within the area
of the projects' potential environmental impacts; a thorough search
of state, local and any other pertinent inventories to identify sites
of potential significance; a review of the literature and consultation
with professional and a vocational archaeologists knowledgeable about
the area; thorough pedestrian and natural resources surveys; archaeological
testing as necessary to provide reasonable evidence of the presence
or absence of historic resources of significance; adequate recording
of the information gained and methodologies and sources used; and
a list of personnel involved and qualifications of the person(s) performing
the survey.
[Amended 3-12-1998 by Ord. No. 98-1]
(1)
This requirement for a survey may be waived by the
local approval agency if:
(a)
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of Pinelands culture; or
(2)
A resource shall be deemed to be significant if it
possesses integrity of location, design, setting, materials, workmanship,
feeling, and association which reflects its significance in American
history, architecture, archaeology or culture under one or more of
the following criteria:
(a)
The presence of structures, sites or areas associated
with events of significance to the cultural, political, economic or
social history of the nation, state, local community or the Pinelands;
or
(b)
The presence of structures, sites or areas associated
with the lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community or the Pinelands; or
(c)
The presence of structures that represent the
work of a master, or that possess high artistic values, or that embody
the distinctive characteristics of a type, period or method of construction,
or that represent a distinguishable entity of significance to the
architectural, cultural, political, economic or social history of
the nation, state, local community or the Pinelands, although its
components may lack individual distinction; or
(d)
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the Pinelands.
E.
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board.
F.
The effect of the issuance of a certificate of appropriateness
is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection F(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection D above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Borough Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 3-12-1998 by Ord. No. 98-1]
G.
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity:
(1)
A narrative description of the resource and its cultural
environment;
(2)
Photographic documentation to record the exterior
appearance of buildings, structures, and engineering resources;
(3)
A site plan depicting in correct scale the location
of all buildings, structures, and engineering resources; and
(4)
A New Jersey State inventory form as published by
the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
H.
If archaeological data is discovered on a site at
any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board and the
Pinelands Commission and take all reasonable steps to protect the
archaeological data in accordance with the "Guidelines for the Recovery
of Scientific, Prehistoric, Historic and Archaeological Data: Procedures
for Notification, Reporting, and Data Recovery (35 CFR 66)."
Home occupations, including home professional
offices and other specialized business activities, may be operated
in all residential zoning districts, provided that the use and/or
structures shall adhere to the minimum standards of the particular
zone and the following requirements:
A.
There shall be no more than two employees, other than
the household residents;
B.
The home occupation shall be carried on entirely within
the dwelling or within an accessory building or buildings; the home
occupation shall not exceed 25% of the total gross habitable floor
area of the dwelling;
C.
The home occupation shall not require the care or
servicing of more than two patients, students, or clients at any one
time, and such care and servicing is by appointment only;
D.
The home occupation shall not require storage of materials
outside the residence;
E.
Parking requirements for clients or customers shall
not exceed, on the average, more than one passenger car at any one
time; and
A.
A homeowners' association may be established by the
developer of cluster residential development or planned unit development,
as these forms of development are permitted in this chapter, for purposes
of ownership and maintenance of common open space, if said open space
is not dedicated to the Borough.
B.
Membership shall be limited to and mandatory for all
property owners, condominium owners, stockholders under a cooperative
development, or other owners of property or interest in the project,
required membership and the responsibilities of the members shall
be in writing between the organization and each member in the form
of a covenant with each agreeing to liability for his pro-rata share
of the organization's costs.
C.
The organization shall be responsible for liability
insurance, taxes, maintenance and any other obligations assumed by
the organization, and shall hold the Borough harmless from any liability.
The organization shall not be dissolved and shall not dispose of any
open space or property by sale or otherwise, except to an organization
conceived and established to own and maintain the open space or property
for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space or property
without first offering to dedicate the same to the Borough.
D.
The assessment levied by the organization upon each
member may become a lien on each member's property. The organization
shall be allowed to adjust the assessment to meet changing needs.
E.
The organization shall clearly describe in its bylaws
all the rights and obligations of each tenant and owner, including
a copy of the covenant, model deeds, and articles of incorporation
of the organization, and the fact that every tenant and property owner
shall have the right to use all common property. These shall be set
forth as a condition of approval and shall be submitted to the Borough
Attorney prior to the granting of final approval of the development.
F.
The articles of incorporation, covenants, bylaws,
model deeds, and other legal instruments shall insure that control
of the organization shall be transferred to the members based on a
percentage of the dwelling units sold and/or occupied. Further, these
instruments shall clearly indicate that in the event such organization
shall fail to maintain the common open space or common property in
reasonable order and condition, the Borough may serve written notice
upon such organization and shall follow the procedures set forth in
N.J.S.A. 40:55D-43b, and if it becomes necessary for the Borough to
provide maintenance, the imposition of a lien, as set forth in N.J.S.A.
40:55D-43, shall be followed.
A.
Any proposed outdoor lighting shall be shown on the
site plan in sufficient detail to allow determination of the effects
at the property line, on nearby streets, driveways, residences, and
overhead sky glow. The objectives of these specifications is to minimize
glare and undesirable off-site effects.
B.
All outdoor lighting, such as for off-street parking
or recreation areas, shall provide for lights focused downward or
landscape lighting, translucent fixtures, shielding, or other such
orientation as to prevent light spillage off the site.
C.
No light shall shine directly into windows or onto
streets and driveways in such a manner as to create a nuisance or
interfere with or distract driver vision. Any outdoor lighting proposed
shall be subject to site plan approval.
D.
All exterior lighting fixtures shall be equipped with
cut-off luminaries. The mounting height of exterior lighting shall
conform to the following schedule:
[Added 5-11-2006 by Ord. No. 2006-6]
|
Building Height
(feet)
|
Maximum Fixture Mounting Height
(feet)
| |
|---|---|---|
|
Up to 24
|
16
| |
|
25 to 34
|
18
| |
|
35 or greater
|
25
|
E.
The light intensity at a property line adjacent to
a residential zone shall not exceed 0.25 footcandle.
[Added 5-11-2006 by Ord. No. 2006-6]
A.
Lot dimensions and areas shall conform to the requirements
of this chapter, and so far as is practical, side lot lines shall
be either at right angles or radial to street lines.
B.
Each lot must front upon an approved public street, with dimensions in accordance with § 285-87 of this chapter.
C.
Where extra width has either been dedicated or anticipated
for widening of existing streets, the lots shall begin at such new
street line and all setbacks shall be measured from such line.
D.
Lots excessively deep in relation to width shall be
avoided. New through lots with frontage on two streets shall be permitted
only under the following conditions:
(1)
Where the size of the lot between both streets is
such that future division of the lot into two lots is improbable,
and
(2)
Access shall be to the street with the lower traffic
function and the portion of the lot abutting the other street shall
be labeled on the plat and indicated in the deed that street access
is prohibited.
E.
Averaging of lot area and lot width requirements is
permitted for residential, multilot developments, under the following
conditions:
(1)
No more than 20% of the total lots permitted may be
less than the average lot size and width of all lots;
(2)
No more than three contiguous lots, or lots side by
side, shall be less than the average lot size and width; and
(3)
No lot may be reduced more than 20% of the requirements
of this chapter for minimum lot area and lot width;
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall
be placed in accordance with said statute and indicated on the final
plat.
A.
The lawful use of land, buildings, or structures existing
when this chapter was adopted may be continued on the lot or in the
structure, although the use may not conform to this chapter. Any such
structure may be restored or repaired in the event of partial destruction
thereof; provided, however, that no structure shall be enlarged, extended,
relocated, converted to another use, or altered, except as permitted
below:
(1)
Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner, or if it ceases or is
discontinued for a period of 12 consecutive months. The subsequent
use of the abandoned structure or land shall be in conformity with
this chapter.
(2)
Restoration. Any nonconforming structure or use which
has been condemned or damaged by fire, explosion, flood, windstorm,
or act of God shall be examined by the Construction Official of the
Borough and, if in the opinion of the Construction Official, the cost
of restoration is greater than 80% of the value of replacing the entire
structure, it shall be considered completely destroyed and may be
rebuilt to the original specifications only upon approval of a variance.
If the cost of repair is less than 80% of the value of replacing the
entire structure, it may be rebuilt and used for the same purpose
as before, provided it is rebuilt within one year and does not exceed
the height, area, and volume of the original structure. The percent
damaged shall be the current replacement costs of the portion damaged
or condemned, computed as a percentage of the current total replacement
cost of the entire structure, not including the cost of the foundation,
unless the foundation is involved in the restoration work.
B.
Any nonconforming use, structure, or lot may be sold
and continue to function in the same nonconforming manner.
C.
Any structure on a nonconforming lot, or structure
on a conforming lot which violates any yard requirements of this chapter,
may have additions to the principal building or construct an accessory
building without an appeal to the Planning Board, provided the total
permitted building coverage is not exceeded and the accessory building
or the addition to the principal building do not violate any other
requirements of this chapter.
A.
Location and access.
(1)
Off-street parking spaces for all uses shall not be
located between the front setback, or building line and the street
right-of-way line. On corner lots this restriction also shall apply
to the space between the side street right-of-way line and the side
setback line;
(2)
Off-street parking spaces for apartments or townhouses
shall be within 100 feet of the building served. Off-street parking
for commercial and industrial uses shall be located on the lot;
(3)
No parking or loading spaces shall be located within
any buffer areas;
(4)
No off-street loading or maneuvering areas shall be
located in any front yard, nor require any part of the street;
(5)
Loading spaces shall abut the building being served
and be located to directly service the building for which the space
is provided;
(6)
No off-street loading area shall be closer than 100
feet to any residence, school, or institution for human care located
on an adjoining lot;
(7)
There shall be adequate provision for ingress and
egress to all parking and loading spaces. Access driveways for off-street
parking shall be a minimum of 15 feet for one-way and 24 feet for
two-way traffic.
[Amended 5-11-2006 by Ord. No. 2006-6]
(8)
Where one-way access drives are proposed, parking
spaces shall be set at a sixty-degree angle to facilitate safe movement.
[Added 5-11-2006 by Ord. No. 2006-6]
(9)
Access driveways for commercial or industrial and
residential uses shall be separate unless the residential units are
part of a mixed-use development.
[Amended 5-11-2006 by Ord. No. 2006-6]
(10)
Shared parking facilities are encouraged. Cross-access
easements are required for adjacent lots to create interconnected
parking lots.
[Added 5-11-2006 by Ord. No. 2006-6]
(11)
Parking lots shall be landscaped to provide
shade and visual relief. Parking lots containing 25 spaces or more
must include landscape islands.
[Added 5-11-2006 by Ord. No. 2006-6]
(12)
Pedestrian crosswalks shall be provided within
parking areas where necessary and appropriate to facilitate pedestrian
circulation.
[Added 5-11-2006 by Ord. No. 2006-6]
(13)
No parking stalls, except for on-street parking,
shall require a motorist to pull out directly into a right-of-way.
[Added 5-11-2006 by Ord. No. 2006-6]
(14)
All parking areas and drive aisles servicing
nonresidential and multifamily residential uses shall be set back
a minimum of 20 feet from adjacent residential properties.
[Added 5-11-2006 by Ord. No. 2006-6]
B.
Size of off-street parking areas.
(1)
Off-street parking spaces shall have an area of not
less than 200 square feet, or 10 feet wide by 20 feet long, exclusive
of access driveway and aisles.
(2)
In parking lots containing more than 10 spaces, a
minimum of one space shall be a minimum of 12 feet wide. For parking
lots with 20 or more spaces, a minimum of 5% of all spaces shall be
12 feet wide. These wider spaces shall be located in one area and
designated as parking for the handicapped; these spaces shall be located
so that access does not require wheeling or walking behind parked
cars.
(3)
A garage or driveway for at least two cars shall be
provided for each single-family detached dwelling unit, duplex, or
townhouse unit. For garden apartments, or other types of multifamily
housing, 1 1/2 parking spaces per dwelling unit shall be required;
[Amended 11-10-1988 by Ord. No. 88-9]
(4)
For nonresidential uses, the amount of off-street
parking required shall be determined according to the schedule that
follows. Any use not specified herein shall be required to provide
parking in accordance with an estimate of expected need, as provided
by the developer or applicant and approved by the reviewing Board.
[Amended 5-11-2006 by Ord. No. 2006-6]
|
Nonresidential Use
|
Off-Street Parking Requirement
| |
|---|---|---|
|
Church, funeral home, theater
|
1 space for each 4 seats
| |
|
Commercial and retail uses
|
1 space for each 250 square feet
| |
|
Day care/nursery school
|
2 spaces for each classroom and 1 space for
every 10 children
| |
|
Doctor/medical/dental office
|
1 space for each doctor, plus 1 space per 300
square feet
| |
|
Industrial/wholesale/warehouse
|
1 space for each 1,000 square feet, plus 1 space
per 3 projected employees
| |
|
Motels and hotels
|
1 space for each rentable unit/room
| |
|
Nursing home
|
1 space for each 3 beds
| |
|
Professional and business office
|
1 space for each 300 square feet
| |
|
Restaurants and bars
|
1 space for each 3 seats
| |
|
Schools
|
1 space for each teacher/employee, plus 1 space
for every 10 students
|
(5)
For residential uses, there shall be no on-street
parking.
[Added 11-10-1988 by Ord. No. 88-9]
C.
Size of off-street loading areas
(1)
Every building or building group proposed for industrial,
commercial, or other uses requiring the distribution by vehicles or
materials or merchandise shall have provided on the same lot off-street
loading space of a size no less than 10 feet wide by 35 feet long,
per loading berth; each berth shall have a minimum clearance of 14
feet.
(2)
The amount of off-street loading space shall be determined
according to the following schedule:
|
Use
|
Total Floor Area
(square feet)
|
Number of Off-Street Loading Berths
| |
|---|---|---|---|
|
Schools
|
13,000 or more
|
1
| |
|
Offices
|
10,000 to 25,000
|
1
| |
|
Commercial
|
25,000 to 40,000
|
2
| |
|
Industrial uses
|
40,000 to 60,000
|
3
| |
|
Industrial uses
|
60,000 to 100,000
|
4
|
D.
Improvements to parking and loading areas.
(1)
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice and shall be approved by the Borough Engineer. Drainage of these areas shall be in accordance with § 285-86 of this chapter.
(2)
Landscaping and buffers.
(a)
For all nonresidential uses, apartments, or
other multifamily residential uses, lands between the parking area
and building shall be landscaped with trees, shrubs, and ground cover
to the maximum extent possible;
(b)
Parking and loading areas for commercial and industrial uses shall be buffered from adjoining streets, existing residential uses, or any residential zoning district in a manner meeting the objectives of § 285-54 of this chapter;
(c)
Trees planted within parking areas shall be
staggered or spaced so as not to interfere with driver vision, have
branches no lower than six feet, and placed at the rate of at least
one tree for every 10 parking spaces; and
(3)
Surfacing.
(a)
All off-street parking for five or more vehicles
and all off-street loading areas, including driveway areas, shall
be paved with a minimum of two inches of compacted wearing surface
of bituminous concrete (FABC) and constructed thereon in accordance
with Division 3, Section 10, of the Department of Transportation Specifications,
and amendments thereto. A six-inch gravel base shall be provided.
(b)
All areas shall be marked so as to provide for
the orderly and safe loading, parking, and movement of all vehicles.
Before final approval of a subdivision or a
site plan, the Borough may require, in conformity with a circulation
plan element or a utility service plan element of the Master Plan,
the installation, or, in lieu thereof, the furnishing of a performance
guarantee, of any or all of the following off-tract improvements which
are necessary for the protection of the public interest by reason
of the development's effect on land other than the developer's property:
street improvements, water system, sewerage, drainage facilities and
easements thereof. The provisions of this section shall be applicable
only upon the request of the developer.
A.
Streets and sewerage. In cases in which a development
has no direct access to a public street or a public sanitary sewer,
and does not qualify for sewage disposal by individual sewage disposal
systems, the Borough may grant plat approval, if the developer shall
acquire, improve, and dedicate to the Borough such street or sanitary
sewer connection between the development and an existing improved
public street or sanitary sewer, as shall be approved by the Borough.
The dedication thereof shall be subject to approval by the Borough
Solicitor as to form.
B.
Drainage improvements. In cases in which surface or
other drainage waters are to be diverted from the proposed development
into other drainage facilities, ditches, or stormwater systems, onto
other lands, streets, or roadways, and it appears that such off-tract
facilities are not adequate to accommodate the additional waters from
the site of the applicant and the need for such additional, enlarged,
or new facilities will not be an unreasonable burden upon the applicant,
if solely borne by him, in light of the relationship of such costs
to his entire project, the Borough may grant final approval if the
developer shall acquire, improve, and dedicate to the Borough such
enlarged, additional, or new drainage facilities. Said improvements
shall meet the approval of the Borough Engineer and any dedication
thereof shall be subject to approval of the Borough Solicitor as to
form. In lieu of the developer's performing such off-tract drainage
improvements, the developer and the Borough may enter into an agreement
for such work to be performed by the Borough or its contractors at
the cost of the developer.
C.
Where the Borough shall determine that off-tract improvements would be essential to the development as set forth in Subsections A and B above, so that the development cannot proceed without said improvements being made as part of the development, and the developer does not make a request as set forth above, the application for development shall be denied, without prejudice to a future application at such time as the conditions which would make off-site and off-tract improvements essential no longer apply.
No lot shall have situated upon it more than
one principal permitted use. No more than one principal building shall
be permitted on one lot, except that commercial uses, industrial uses,
apartments or townhouse developments, receiving site plan approval,
may be permitted to have more than one building on a lot, in accordance
with the standards for the particular district in which it is located.
A.
All public services shall be connected to an approved
public utilities system where one exists.
B.
New utility distribution lines and telephone lines
to locations not presently served by utilities shall be placed underground.
C.
All electric utility transmission lines shall be located
within existing rights-of-way, on existing towers, or underground
to the maximum extent practical.
D.
The developer may be required to submit to the Borough,
prior to the granting of final approval, a written statement from
each utility company giving evidence of full compliance or intended
full compliance with the provisions of this section.
E.
Public utility uses, such as generating facilities,
switching complexes, pumping stations, and substations which must
be provided above ground shall be permitted, provided they adhere
to the following standards:
[Amended 11-10-1988 by Ord. No. 88-10]
A.
Public and common facilities.
(1)
All recreation areas and facilities open to the general
public shall be designed in accordance with the New Jersey Department
of Environmental Protection publication, "Administrative Guidelines:
Barrier-Free Design Standards for Parks and Recreation Facilities."
(2)
Proposals for common open space, developed under the provisions for cluster development and planned unit development in Article XIII of this chapter, that are to be improved with recreation facilities shall be reviewed and approved by the Borough for adequacy as far as meeting overall recreational needs and objective in the Borough. Lands planned for common open space which are offered to the Borough for ownership and maintenance shall meet the following requirements:[1]
(a)
They shall be an integral part of the development
and shall be located and of a size that will best suit the purpose
for which they are intended;
(b)
They shall be guided by the Master Plan and
demonstrate a relationship to the overall plans for the Borough;
(c)
They shall be compatible with the natural features
at and surrounding the site, as identified in the Natural Resources
Inventory or further site-specific information; and
(d)
They shall be conveyed by deed to the Borough,
or other authority accepting ownership and said deeds shall contain
restrictions stating to what use the lands will be restricted.
B.
Private residential swimming pools. Private residential
swimming pools shall be permitted, providing they meet the following
standards:
(1)
No pool shall be installed on any lot unless said
lot shall contain a residence or shall be accessory to a residence
on an adjacent lot;
(2)
Pools shall be set back a minimum of five feet from
all side and rear property lines and shall not be located in the front
yard;
(3)
The pool area of in-ground pools shall be enclosed
with a fence four feet high with a self-latching gate. Aboveground
pools shall either be fenced, as above, or have a safety ladder. All
filter systems shall be enclosed or separated so as to prevent its
use as an access to the pool;
(4)
Pools shall be located so as not to interfere with
access to any occupied building or the operation of any on-lot water
supply or waste disposal system;
(5)
Pools shall be constructed and operated in accordance
with all applicable health, safety, and sanitary regulations for water
filtration, circulation, and treatment; and
[Amended 11-10-1988 by Ord. No. 88-10]
A.
General. For the purposes of this chapter, resource
extraction includes dredging, digging, extraction, mining, and quarrying
of sand, gravel, clay or ilmenite for commercial purposes, not including
the private extraction or use of extracted material by a landowner.
B.
Standards. No resource extraction shall occur in the
Borough on a parcel of land less than 20 acres. Resource extraction,
meeting this limitation, shall be subject to the requirements of N.J.A.C.
7:50-6.63 et seq. of the Pinelands Comprehensive Management Plan.
A.
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 shall be stored outside.
B.
All gasoline pumps, air pumps, and the islands on
which the pumps are located shall be set back from the street line
at least 40 feet and from any property line at least 30 feet.
C.
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 motor vehicles may be located outside a
service station building for a period not to exceed five days, provided
the owners are awaiting the repair of said motor vehicles.
D.
The exterior display and parking of equipment for
rent or sale shall be permitted provided 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 entire site, the maximum sign area for a service
station is not exceeded, and the location of the equipment being rented
or sold does not interfere with the required off-street parking requirements
for service stations and does not interfere with the traffic circulation
necessary for the service station.
E.
The service station owner shall have every petroleum
storage tank tested at installation for tank pressure and every five
years thereafter, and submit a sworn statement to the Borough attesting
that the tank is watertight, per the requirements of Section 6-805(C)
of the Pinelands Comprehensive Management Plan.
A.
In each subdivision or land development, street shade
trees shall be provided by the developer along either side of each
new street, as said streets are laid out and established, except where
sufficient tree growth exists, no additional plantings shall be required.
B.
Trees shall be planted a minimum distance of five
feet inside the lot lines parallel to the right-of-way line. Trees
shall be planted not less than 40 feet apart, nor more than 50 feet
apart, and located so as not to interfere with vehicle or pedestrian
traffic or the installation and maintenance of utilities.
Sight triangles shall be required at each quadrant
of an intersection of streets, or streets and driveways, involving
collector and arterial streets in the Borough. The classification
of existing and proposed streets shall be either those shown in the
circulation plan element of the Master Plan or as designated by the
Borough Engineer at the time of approval of a new street. The area
within sight triangles shall either be dedicated as part of the street
right-of-way or maintained as part of the lot adjoining the street
and set aside on any subdivision or site plan as a site triangle easement.
Sight triangles shall be designed in accordance with sound engineering
practices and shall be subject to review and approval by the Borough
Engineer.
[Amended 3-9-1989 by Ord. No. 89-3; 3-12-1998 by Ord. No.
98-1; 5-11-2006 by Ord. No. 2006-6]
A.
General requirements.
(1)
All signs with the exception of those enumerated in Subsection C below must receive a sign permit from the Borough prior to installation.
(2)
Signs and their supporting structures shall be constructed
of durable materials, maintained in good condition and shall not be
allowed to become dilapidated, unsightly, aesthetically displeasing,
illegible, offensive or structurally unsafe.
(3)
No sign shall be located within 15 feet of any property
line except as specifically permitted in this section.
(4)
No freestanding or ground mounted sign shall be located
closer than 50 feet to another freestanding or ground mounted sign.
(5)
Signs with two exposures shall be measured for area
using the face of one side of the sign.
(6)
The base of all permanent signs shall be accented
by landscaping such as shrubs, ground cover and flowers to approved
by the Planning Board or Zoning Officer as the case may be.
(7)
Signs should be designed to be in harmony with the
surrounding area and the overall vision for the particular district
with. The design, color scheme, method of illumination and proposed
location must be presented prior to final site plan/subdivision approval.
(8)
No sign, other than signs installed by the municipal,
county, state or federal government, may be located within or overhang
within a sight easement or right-of-way; and no sign may constitute
a traffic hazard.
(9)
No portion of any sign shall be located within or
suspended over a pedestrian walkway or bicycle passageway unless a
minimum of 10 feet above grade level.
(10)
No sign shall be erected upon any roof in any
zoning district.
(11)
Signs shall not be placed in a manner that could
obstruct any fire escape, window, door or opening used as a means
of ingress and egress.
(12)
Commercial, professional and industrial signs
shall be intended to identify the business or group of businesses
and may include the name of the business or site along with a brief
description of the products or services offered or sold, but may not
include specific brand names, phone numbers or web sites unless they
are part of the registered trade name of the establishment. The signs
should be reduced to a simple and clear message.
(13)
Any location where business goods or services
are no longer sold, produced, or assembled or where services are no
longer offered or provided shall have 30 days to remove all signs
remaining or derelict on the premises. Where due written notification
has been provided by the Borough and compliance has been delayed past
the thirty-day period, the Borough may act to cause removal of said
sign, with the cost of removal accruing to the property owner.
B.
Sign requirements.
(1)
Illumination.
(a)
Floodlights and spotlights shall not be permitted
except for emergency lighting.
(b)
All light sources must be shielded or have translucent
fixtures to reduce off-site effects.
(c)
Any illuminated sign within 100 feet of a residential
use or residential zoning district shall be shielded in such a manner
so as to prevent direct rays of light and glare from being cast into
a residential premises.
(d)
No sign shall be left illuminated during any
period when the premises on which it is located is not open for business,
unless it is determined by the Planning Board that the illumination
is necessary to protect the property from theft or vandalism and will
not interfere with the health safety and welfare of the general public.
(2)
Directional signs.
(a)
Directional signs are intended to assist motorists
and pedestrians in navigating a site, not to advertise.
(b)
Directional signs shall not exceed four square
feet in area, with lettering not to exceed six inches in height.
(c)
Directional signs placed within a sight triangle
shall not exceed 30 inches in height.
(d)
Directional signs may not be closer than 10
feet from any property line.
(3)
Construction signs. One nonilluminated sign, not exceeding
40 square feet in area and a minimum of eight feet in height, denoting
the names of the architect, engineer, designer, contractor, financier,
other participants in the construction process and future occupants
of the site may be placed on the site while the site is under construction.
(4)
Freestanding signs.
(a)
Freestanding signs shall be permitted for retail,
professional, service and similar activities in the HC Zoning District.
(b)
Freestanding signs shall be set back a minimum
of 20 feet from the right-of-way.
(c)
Freestanding signs may not exceed 20 feet in
height or the height of the roofline of the building containing the
use(s) the sign advertises, whichever is lower.
(d)
Each principal use, or complex located in the
HC Zone shall be permitted one freestanding sign on the principal
street frontage as long as the property has at least 50 feet of uninterrupted
street frontage.
(e)
Freestanding signs shall not exceed an area
equivalent to 1/2 square foot of signage for every foot of linear
building frontage on the principal street or 80 feet, whichever is
smaller.
(f)
Commercial buildings located at the intersection
of two or more improved public streets or that have frontage on two
or more improved public streets, shall be permitted a total of two
freestanding signs or two ground signs, one on each street. In no
case shall there be more than two freestanding signs.
(g)
In the case of a shopping center or complex
where more than one business use shares a parking area or where more
than one business is located on a single lot, a multiple occupancy/tenancy
sign shall be permitted subject to the following conditions:
[1]
The size of the sign shall be in accordance with Subsection B(4)(e) above. For a complex containing more than two tenants and in excess of 100,000 square feet in floor area, the sign may be a maximum of 100 square feet.
[2]
A minimum of 15% of the sign must identify the
name of the site and address of the property.
[3]
The tenant/occupant names must be uniform in
style and color.
[4]
Lettering shall be a minimum of six inches in
height.
(5)
Ground signs (monument signs).
(a)
Ground mounted signs shall be permitted for
retail uses, service uses, professional office uses, commercial uses,
institutional uses (government, religious, education), and industrial
uses in the HC, I, IN, NC and SC Zoning Districts.
(b)
Ground mounted signs shall be set back a minimum
of 20 feet from the right-of-way and may not be situated within any
sight triangle easement.
(c)
Ground signs shall not exceed six feet in height
measured from the finished grade to the top of the sign.
(d)
Ground mounted signs shall not exceed 30 square
feet in area in the Highway Commercial, Senior Citizen, and Industrial
Zoning Districts, 16 feet in the Institutional Zone, and 12 feet in
the Neighborhood Commercial Zone.
(e)
Establishments which are permitted a sign in accordance with Subsection B(5)(a) above which are located at the intersection of two or more improved public streets or that have frontage on two or more improved public streets, shall be permitted a total of two ground mounted signs, one on each street. In no case shall there be more than two ground mounted signs.
(f)
In the case of a complex in which a group of
offices or businesses share a parking area or where more than one
business is located on a single lot, the names of the individual offices,
shops or businesses may be listed on the sign, provided that the top
15% of the sign is reserved for displaying the name of the complex
or the address. The tenant names must be uniform in style and color.
(6)
Wall signs (facade signs).
(a)
Each principal nonresidential building may have
one wall sign not to exceed 15% of the principal facade area or 80
square feet, whichever is smaller, except as otherwise specifically
restricted in other subsections. In the case of a complex or shopping
center, each tenant/occupant with direct access to the outside may
have one wall sign not to exceed 15% of the principal facade area
of the occupied space or 80 square feet, whichever is smaller.
(b)
Wall signs may be either internally illuminated,
shielded downward or by gooseneck lighting.
(c)
No wall sign may extend above or beyond the
end of the wall to which it is attached.
(d)
Wall signs within a development or shopping
center should be consistent in color and style. Wall signs my not
obscure any major architectural features or details of the facade.
It is the responsibility of the owner or property manager to inform
tenants of these requirements.
(e)
Wall signs may not project more than 12 inches
from the wall.
(7)
Real estate signs. Real estate signs temporarily advertising
the sale, rental or lease of the premises shall be set back a minimum
of 15 feet from all property lines. Such signs shall not exceed eight
square feet for residential and 12 square feet for commercial properties.
No more than one sign shall be permitted per street frontage and shall
be removed within 15 days of sale, rental or lease.
(8)
Home occupation signs. Signs for a home occupation
may not exceed two square feet for a ground mounted sign or wall sign.
(9)
Office-research park and industrial park signs.
(a)
One ground mounted sign not exceeding 30 square feet in area shall be permitted to identify the name of the office-research or industrial park consistent with the size and setback requirements of ground mounted signs Subsection B(5) above.
(b)
Within the park one ground sign shall be permitted for each establishment and shall be located on the lot thereof in accordance with the requirements for ground signs in Subsection B(5) above.
(c)
In the case of an office-research or industrial
park an additional directory sign will be permitted on the interior
of the site to assist visitors in navigating the site. The directory
sign shall not exceed 20 square feet and shall be located as not to
create a traffic hazard.
(d)
A sign plan for the office-research or industrial
park shall be submitted for review by the Planning Board. The sign
plan shall be based on an integrated sign design scheme and shall
be designed so that the signs are consistent and in harmony with each
other as well as with the architecture and building materials of the
principle structures and the landscape plan.
(10)
Temporary signs for private sales or special
events.
(a)
Signs for sales or special events may not exceed
four square feet without special permission of the Planning Board.
(b)
Signs for sales or special events may not be
placed within the right-of-way and must be set back a minimum of 10
feet from any property line.
(c)
Signs for special events are permitted to be
erected one month prior to the event and must be removed within 10
days following the event.
(d)
No single establishment may have a temporary
sign displayed for more than a total of 60 days of any calendar year.
(11)
Subdivision/residential complex signs. One sign not to exceed 30 square feet is permitted to identify a residential complex consistent with the requirements of Subsection B(5) above. One sign is permitted per street frontage.
(12)
Window signs. No window sign, whether permanent
or temporary, shall exceed 25% of the total window area within which
it is located.
C.
Signs not requiring a sign permit:
D.
Prohibited signs. The following signs are specifically
prohibited in all zones:
E.
Nonconforming signs. It is the intent and purpose
of this subsection to see that as soon as legally possible, all existing
signs not conforming to the provisions of this section be eliminated
or brought into conformity with the provisions of this section.
(1)
Legal nonconforming signs. Any sign located within the Borough of Chesilhurst that does not conform with the provisions of this section, but which did conform to the applicable laws and ordinance relating to signs at the time it was erected, shall be deemed a legal nonconforming sign and may continue in use until such sign loses its legal nonconforming status as outlined in Subsection E(2) below.
(2)
Loss of legal nonconforming status. A legal nonconforming
sign shall immediately lose its legal nonconforming status if:
In order to prevent soil erosion and sediment
damages from occurring during the period of construction and development,
all site plans and major subdivisions shall include a program for
erosion and sediment control. Said program shall include provisions
for surface water retention and drainage to protect exposed soil surfaces.
In order to ensure compliance:
A.
No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975, have been satisfied or waived; and
B.
Development applicants shall submit to the Borough
Engineer copies and documentation of the approval and certification
of the "Soil Erosion and Sediment Control Plan" by the Camden County
Soil Conservation District, or proof of waiver of same.
A.
In any zone permitting such an operation, use, or
activity involving the manufacture, utilization, or storage of flammable,
combustible, and/or explosive materials, such storage shall be conducted
in accordance with the regulations promulgated by the New Jersey Department
of Labor and Industry or the Fire Code of the National Fire Protection
Association, whichever is more restrictive.[1]
[1]
Editor's Note: Original § 1336A,
regarding the use of landfills, which immediately preceded this subsection,
as amended 11-10-1988 by Ord. No. 88-10, was repealed 3-12-1998 by
Ord. No. 98-1.
B.
All flammable, explosive and/or combustible materials
shall be stored in accordance with the National Fire Protection Association's
Fire Code or the regulations of the New Jersey Department of Labor
and Industry, whichever is more restrictive.
C.
All outdoor storage facilities for fuel, raw materials
and products stored outdoors, wherever permitted, shall be enclosed
by an approved safety fence and visual screen and shall conform with
all yard requirements imposed upon the principal buildings in the
zoning district.
D.
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or for recreation, or which
will destroy aquatic life, be allowed to enter any stream or watercourse.
E.
All materials or wastes which might cause dust or
fumes or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored outdoors
only if enclosed in containers that are adequate to eliminate such
hazards.
F.
No hazardous or toxic substances, including hazardous
wastes, shall be stored, transferred, processed, discharged, disposed
or otherwise used in the Borough. The land application of waste or
waste derived materials is prohibited in the Borough, except as expressly
authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall
only be permitted in the Borough in accordance with the standards
set forth in N.J.A.C. 7:50-6.
[Amended 11-10-1998 by Ord. No. 88-10; 3-12-1998 by Ord. No. 98-1]
G.
No person shall apply any herbicide to any road or
public utility right-of-way within the Borough unless necessary to
protect and adjacent agricultural activity.
H.
No hazardous, toxic, chemical, petroleum (including
oil spill pollutants), or nuclear waste shall be accepted for disposal,
discharged, or disposed of on any land in the Borough, septic waste
and liquid sludge may be applied only as part of a land application
program for agricultural purposes, when approved by the New Jersey
Department of Environmental Protection.
No more than 10 automobiles, trucks, or other
motor vehicles, whether or not they are in operating condition, shall
be stored on any lot in the Borough unless said motor vehicles are
adequately screened from adjacent residential uses and from streets.
All vehicles not in operating condition shall be stored only if the
gasoline tanks are drained.
A.
Applicability. All proposed development, defined by
this chapter as either major subdivision or major site plan, or any
construction or expansion of any commercial, industrial, or other
nonresidential use or structure on a site which would add one or more
acres of impervious surface, shall comply with the standards for stormwater
management, contained in this section. All applications for development,
as defined above, shall include a stormwater management plan in conformance
with the standards contained in this section.
B.
All development, as defined in Subsection A above, and not exempted in §§ 285-8C and 285-9 of this chapter, shall ensure that surface water runoff conforms with the following general standards:
[Amended 11-10-1988 by Ord. No. 88-10; 3-12-1998 by Ord. No.
98-1]
(1)
The total runoff generated from any net increase in
impervious surfaces by a ten-year storm of a twenty-four-hour duration
shall be retained and infiltrated on site. Runoff volumes shall be
calculated in accordance with the United States Soil Conservation
Service Technical Release No. 55 of the S.C.S. Nation Engineering
Handbook, Section 4;
(2)
The rates of runoff generated from the parcel by a
two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour
duration, shall not increase as a result of the proposed development.
Runoff rates shall be calculated in accordance with the United States
Soil Conservation Service Technical Release No. 55 or the S.C.S. National
Engineering Handbook, Section 4;
(3)
Surface water runoff shall not be directed in such
a way as to increase the volume and rate of discharge into any surface
water body from that which existed prior to the development of the
parcel;
(4)
Excessively and somewhat excessively drained soils,
as defined by the Soil Conservation Service, should be avoided for
recharge of runoff wherever practical;
(5)
A minimum separation of two feet between the elevation
of the lowest point of the bottom of the infiltration or detention
facility and the seasonal high water table shall be met, or a lesser
separation when it is demonstrated that the separation, either due
to soil conditions or when considered in combination with other stormwater
management techniques, is adequate to protect groundwater quality;
(6)
Runoff or natural drainage from the parcel shall not
be so diverted as to overload existing drainage systems off-site,
or create flooding, or the need for additional facilities on other
properties; and
(7)
A four-year maintenance guarantee shall be provided
for the entire stormwater management system by the applicant. In addition,
the applicant shall fund or otherwise guarantee an inspection and
maintenance program for a period of no less than 10 years. The program
shall identify the entity charged with responsibility for annual inspections
and the completion of any necessary maintenance, and the method to
finance said program.
C.
Alternative to detention basins. Stormwater management
standards need not be satisfied by detentions basins. The applicant
may propose alternatives such as rooftop storage, tanking, infiltration
pits, dry wells, gravel layers underneath paving, and clustering of
development to alleviate runoff or maximize the amount of open land.
D.
Specific standards for detention basins.
(1)
A detentional facility must accommodate site runoff
generated from two-year, ten-year, and one-hundred-year twenty-four-hour
storms considered individually (in each case a Type II rainfall as
defined in Technical Release No. 55). Runoff greater than that occurring
from the one-hundred-year, twenty-four-hour storm will be passed over
an emergency spillway. Detention will be provided such that after
development neither the peak rate of flow from the site, nor the total
flow during the hour of maximum releases will exceed the corresponding
flows which would have been created by similar storms prior to development.
For purposes of computing runoff, all lands in the site shall be assumed,
prior to development, to be in good condition (if the lands are pastures,
lawns or parks), with good cover (if the lands are woods), or with
conservation treatment (if the land is cultivated), regardless of
conditions existing at the time of computation;
(2)
Outlets.
(a)
The outlet from the detention facility must
require the runoff from a settleability design storm to be retained
so that not over 90% will be evacuated prior to 36 hours. The settleability
design storm will be either 1 1/4 inches of rainfall, falling
in two hours, or a one-year frequency Type II storm, as defined in
Technical Release No. 55. The following exceptions to this provision
will be acceptable:
[1]
Retention will not be required in any case to
an extent which would reduce the outlet size to a diameter of less
than three inches.
[2]
Dry basins serving residential projects may
allow evacuation of 90% in 18 hours.
[3]
Infiltration basins may satisfy this requirement,
provided that they will retain the runoff from the settleability design
storm and allow its complete infiltration within 24 hours.
(b)
In all cases, multiple level outlets or other
fully automatic outlets shall be provided and be designed so that
discharge rates from the development for the design storms will not
be increased from what would occur if the development were not constructed.
Outlet waters shall be discharged from the development at such locations
and velocities as not to cause additional erosion or cause additional
channels below the development from those existing prior to the development.
(3)
Runoff from areas uphill or upstream from the development
site may be passed across the development site without detention or
storage. If it is more convenient, part or all of such water may be
passed through the detention means described above and an equal amount
of water that originates on the site may be passed downhill or downstream.
If any such upstream water enters detention means provided, as specified
under the first standard of this subsection, the design shall be increased
accordingly. This exchange of water is permitted only if the site
is not more polluted than the detained runoff from uphill or upstream.
The intention is to require retention for the full period, specified
in the second standard of this subsection, of the actual runoff from
the site or its equivalent, and not just of an equivalent amount of
water (which may be less polluted).
(4)
Where the development consists of two phases: a) new
construction which requires provisions of storm drainage under the
terms of this chapter; and b) repair or rehabilitation of structures
and surfaces which does not result in increasing the extent of impervious
areas or in rendering existing surfaces less pervious, the detention
requirements may be computed on the basis of phase (a) exclusively.
(5)
If detention basins or other detention facilities
are provided through which water passes at times other than following
rainfall, the Borough Engineer should be consulted concerning design
criteria. It will be necessary for detention requirements to be met,
despite the necessity of passing certain low flows.
(6)
Outlets from detention facilities shall be designed
to function without manual, electric, or mechanical controls. Outlet
waters shall be discharged at such locations and velocities as not
to cause additional erosion or cause additional channels below the
development.
(7)
The retention of site runoff, as required by this
chapter, will result in the accumulation in the detention basin of
sediment, including particulate polluting substances, silt, and debris.
Provision must be made for periodic removal of accumulated solid materials.
Computations for storage capacity shall include estimates for one
year's accumulation of solid materials, including shopping carts,
beer cans, and other cultural debris.
(8)
Responsibility for operation and maintenance of detention
facilities installed, including periodic removal and disposal of accumulated
particulate material and debris, unless assumed by the Borough, shall
remain with the owner of the property and shall be passed to any successor
owner. In the case of development where lots are to be sold, permanent
arrangements satisfactory to the Borough Engineer and the Borough
Solicitor shall be made to ensure continued performance of these obligations.
(9)
In instances where the provisions of separate detention
facilities for a number of single sites may be more expensive and
more difficult to maintain than provisions of joint facilities for
several sites, the Borough will consider provisions of joint detention
facilities which fulfill the requirements of this section. In such
cases, a properly planned and staged program of detention facilities
may be approved by the Borough in which compliance with some requirements
may be postponed at early stages while preliminary phases are being
undertaken and construction funds accumulated.
(10)
Detention basins, where practicable, shall not
be placed where the depth to water table is more than 20 feet below
ground surface.
(11)
Detention basins, where practicable, shall not
be located on soils which are excessively or somewhat excessively
well-drained, as defined by the Soils Conservation Service, or in
the Borough's Natural Resources Inventory.
E.
Submission requirements.
(1)
All developments that must have a stormwater management plan shall include in the application to the Borough the following information, illustrated on a map at a scale in accordance with that specified in Article IX of this chapter:
(a)
Total area to be paved or built upon, estimated
land area to be occupied by water detention facilities and the type
of vegetation thereon, and details of the proposed plan to control
and dispose of surface water;
(b)
Details of all water detention plans, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway;
and
(c)
Maximum discharge and total volume of runoff
which would occur from the project area without the improvement, for
the following storms:
(2)
The Borough may, in consultation with the Borough
Engineer, waive submission of any of the above requirements when the
information requested is impossible to obtain or when it would work
a hardship on the applicant to obtain and where its absence will not
materially affect the review process.
All new streets, including dead-end or cul-de-sac
streets, and widened portions of existing streets, that are intended
for public use, shall be subject to approval by the Borough Engineer
and shall comply with all of the following standards before acceptance
for dedication to the Borough:
A.
The arrangement of streets not shown on the Master
Plan, and appropriate elements therein, or the Official Map, shall
be such as to provide for the appropriate extension of existing streets;
B.
Minor streets shall be so designed as to discourage
through traffic;
C.
Subdivisions abutting arterial streets shall provide
a marginal service road or reverse frontage with a buffer strip for
planting, or some other means of separation of through and local traffic;
D.
The right-of-way width shall be measured from lot
line to lot line and shall not be less than the following:
(1)
Arterial streets: 60 feet.
(2)
Collector streets: 60 feet.
(3)
Minor streets: 50 feet.
(4)
Marginal access streets: 50 feet.
(5)
The right-of-way width for internal roads or alleys
in multifamily, commercial, and industrial development shall be determined
on an individual basis and shall in all cases be of a sufficient width
and design to safely accommodate the maximum traffic, parking and
loading needs, and maximum access for fire-fighting equipment.
E.
No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the governing body,
under conditions approved by the Planning Board;
F.
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown in the Master Plan, and appropriate
elements therein, or Official Map, or the street width requirements
of this section, shall dedicate additional width along either one
or both sides of said road. If the subdivision is along one side only,
1/2 of the required extra width shall be dedicated;
G.
Grades of arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/3 of 1%;
H.
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the curblines with a
curve having a radius of not less than 10 feet;
I.
Street jogs with center-line offsets of less than
125 feet shall be prohibited;
J.
When connecting street lines deflect from each other
at any one point by more than 10° and not more than 45°, they
shall be connected by a curve with a radius of not less than 100 feet
for minor streets and 300 feet for arterial and collector streets;
K.
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance;
L.
Dead-end or cul-de-sac streets shall not be longer
than 600 feet and shall provide a turnaround at the end adequate to
provide ingress and egress for fire-fighting equipment, or a radius
of not less than 50 feet and tangent whenever possible to the right
side of the street. If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties;
M.
No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name; and
N.
Street signs and sign posts shall be approved by the
Borough on the advice of the Borough Engineer. The location of all
street signs shall be approved by the Borough Engineer and shall be
free of visual obstruction. There shall be at least two street signs
furnished at each four-way intersection and one street sign at each
"T" intersection.[1]
[1]
Editor's Note: Original § 1340,
Townhouses, amended 4-11-1991 by Ord. No. 91-3, which immediately
followed this section, was repealed 3-12-1998 by Ord. No. 98-1.
[Amended 11-10-1988 by Ord. No. 88-10; 3-12-1998 by Ord. No.
98-1]
A.
All clearing and soil disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
B.
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry, and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.
D.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 285-43 shall incorporate the following elements:
(1)
The limits of clearing shall be identified;
(2)
Existing vegetation, including New Jersey's Record
Trees as published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(3)
Permanent lawn or turf areas shall be limited to those
specifically intended for active human use such as play fields, golf
courses and lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs
contain a predominance of shrubs and tree species not authorized by
N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings
and other structures; or
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
E.
Development prohibited in the vicinity of threatened
of endangered plants. No development shall be carried out by any person
in the Pinelands Area unless it is designed to avoid irreversible
adverse impacts on the survival of any local populations of threatened
or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Amended 11-10-1988 by Ord. No. 88-10; 3-12-1998 by Ord. No.
98-1]
A.
Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater shall be permitted in the Borough, provided that:
(1)
The proposed development to be served by the system
is otherwise permitted pursuant to the provisions of this chapter;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pineland dilution model dated December 1993, as amended, subject to the provisions of Subsection A(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5:47;
(3)
Only contiguous lands located within the same zoning
district and Pinelands management area as the proposed system or systems
may be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least
five feet;
(5)
Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(6)
The system will be maintained and inspected in accordance
with the requirements of N.J.A.C. 7:50-6.85;
(7)
The technology has been approved for use by the New
Jersey Department of Environmental Protection; and
(8)
The technology for nonresidential development shall
be determined based on the values contained in N.J.A.C. 7:9A-7.4,
as amended, except that number of employees may not be utilized in
calculating flow values for office uses. In the event that N.J.A.C.
7:9A-7.4 does not provide flow values for that use in N.J.A.C. 7:14A-23.3(a),
the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in
calculating flow.
B.
Individual on-site septic wastewater treatment systems
which are intended to reduce the level of nitrate/nitrogen in the
wastewater shall be permitted in the Borough, provided that:
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection A(3) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.
C.
As soon as suitable septage disposal facility capacity
is available, the owner shall, in accordance with N.J.S.A. 13:1E-1
et seq. and Section 201 of the Clean Water Act:
(1)
Have the facility inspected by a technician at least
once every three years;
(2)
Have the facility cleaned at least once every three
years; and
D.
Alternate design pilot program treatment systems shall
be permitted in the Borough, provided that:
[Added 3-13-2003 by Ord. No. 2003-1]
(1)
The proposed development to be served by the system
is residential and is otherwise permitted pursuant to the provisions
of this chapter;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection D(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47;
(3)
Only contiguous lands located within the same zoning
district and Pinelands management area as the proposed system or systems
may be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least
five feet;
(5)
Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(6)
No more than 10 alternate design pilot program treatment
systems utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single-family
dwelling;
(7)
Each system shall be equipped with automatic dialing
capability to the manufacturer, or its agent, in the event of a mechanical
malfunction;
(8)
Each system shall be designed and constructed so that
samples of effluent leaving the alternate design pilot program septic
system can be readily taken to confirm the performance of the technology;
(9)
The manufacturer or its agent shall provide to each
owner an operation and maintenance manual approved pursuant to N.J.A.C.
7:50-10.22(a)2iv;
(10)
Each system shall be covered by a five-year warranty
and a minimum five-year maintenance contract consistent with those
approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled
and are renewable and which include a provision requiring that the
manufacturer or its agent inspect the system at least once a year
and undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time; and
[Amended 11-8-2018 by Ord. No. 2018-8]
(11)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection D(9) above, and grants access, with reasonable notice, to the Borough Council, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[2]
Editor's Note: This ordinance also provided for the repeal
of Subsection D(12), regarding alternate design pilot program treatment
systems, which immediately followed this subsection.
[Amended 11-10-1988 by Ord. No. 88-10]
A.
All development permitted under this chapter shall
be designed and carried out so that the quality of surface and groundwater
shall be protected, and no development shall be permitted in the Borough
which degrades surface and groundwater quality or which establishes
new point sources of pollution. All development shall meet the minimum
water quality standards and the potable water standards of the State
of New Jersey or the United States.
B.
The following point and nonpoint sources may be developed
and operated in the Pinelands:
(1)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of the new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections B(2) through (3) below and in §§ 285-86 and 285-89, provided that:
[Amended 3-12-1998 by Ord. No. 98-1]
(a)
There will be no direct discharge into any surface
water body;
(b)
All discharges from the facility or use are
of a quality and quantity such that groundwater exiting from the parcel
of land or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen;
(c)
All public wastewater treatment facilities are
designed to accept and treat septage; and
(d)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
(2)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(a) above, provided that:
[Amended 3-9-1989 by Ord. No. 89-3]
(a)
There will be no direct discharge into any surface
water body;
(b)
The facility is designed only to accommodate
wastewater from existing residential, commercial, and industrial development;
(c)
Adherence to B(1)(a) above cannot be achieved
due to limiting site conditions or that the costs to comply with the
standard will result in excessive user fees; and
[Amended 3-12-1998 by Ord. No. 98-1]
(d)
The design level of nitrate/nitrogen attenuation
is the maximum possible within the cost limitations imposed by such
user fee guidelines but in no case shall groundwater exiting from
the parcel or entering a surface body of water exceed five parts per
million nitrate/nitrogen.
[Amended 3-12-1998 by Ord. No. 98-1]
(3)
Improvements to existing commercial, industrial, and
wastewater treatment facilities which discharge directly into surface
waters, provided that:
(a)
There is no practical alternative available
that would adhere to the standards of N.J.A.C. 7:50-6.84(a)1i;
[Amended 3-12-1998 by Ord. No. 98-1]
(b)
There is no increase in the existing approved
capacity of the facility; and
(c)
All discharges from the facility into surface
waters are such that the nitrate/nitrogen levels of the surface waters
at the discharge point do not exceed two parts per million. In the
event that nitrate/nitrogen levels in the surface waters immediately
upstream of the discharge point exceed two parts per million, the
discharge shall not exceed two parts per million nitrate/nitrogen.
A.
Where a public water supply system is to be provided
in the Borough, the developer shall arrange for the construction of
water mains in such a manner as to make adequate water service and
fire protection available to each lot or dwelling unit within the
development. The entire system shall be designed in accordance with
all requirements and standards of this chapter and those of county
and state agencies having authority and shall be subject to the approval
of those agencies. The system shall be designed with adequate capacity
and sustained pressure for current needs and anticipated future needs.
B.
Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of this chapter, including § 285-89A(5).
C.
Interbasin transfer of water between watersheds shall
be avoided to the maximum extent practical. In areas served by central
sewers, water-saving devices such as water-saving toilets, showers
and sink faucets shall be installed in all new development.
D.
Water shall not be exported from the Pinelands except
as otherwise provided in N.J.S.A. 58:1A-7.1.
[Added 11-10-1988 by Ord. No. 88-10]
A.
Development restrictions within wetlands. Development
shall be prohibited in all wetlands and wetlands transition areas
within the Borough, except as otherwise specified in this section.
Wetlands are identified in the Natural Resources Inventory of the
Borough, as defined in N.J.A.C. 7:50-6.53 of the Pinelands Comprehensive
Management Plan.
[Amended 11-10-1988 by Ord. No. 88-10; 3-11-1993 by Ord. No.
93-1]
(1)
Horticulture of native Pinelands species and berry
agriculture shall be permitted in all wetlands, subject to Section
6-503 of the Pinelands Comprehensive Management Plan.
(2)
Beekeeping shall be permitted in all wetlands.
(3)
Forestry shall be permitted in all wetlands subject
to the requirements of N.J.A.C. 7:50-6.41 et seq.
[Amended 11-10-2011 by Ord. No. 2011-7]
(5)
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in § 285-92C below.
(6)
Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in Subsection C hereof, and conforms with all state and federal regulations.
(7)
Commercial or public docks, piers, moorings, and boat
launches shall be permitted, provided that:
(8)
Bridges, roads, trails, and utility transmission and
distribution facilities and other similar linear facilities, provided
that:
(a)
There is no feasible alternative route for the
facility that does not involve development in a wetland, or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof;
(c)
The use represents a need which overrides the
importance of protecting the wetland;
(d)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland;
and
(e)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special unusual circumstances.
B.
Development restrictions within 300 feet of wetlands. No development, except for those uses specifically authorized under Subsection A hereof, shall be carried out within 300 feet of any wetland, unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in Subsection C hereof.
C.
Significant adverse impact.
(1)
A significant adverse impact shall be deemed to exist
where it is determined that one or more of the following modifications
of a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components, including but not limited
to threatened or endangered species.
[Amended 3-9-1989 by Ord. No. 89-3]
(a)
An increase in surface water runoff discharging
into a wetland;
(b)
A change in the normal seasonal flow patterns
in the wetland;
(c)
An alteration of the water table in the wetland;
(d)
An increase in erosion resulting in increased
sedimentation in the wetland;
(e)
A change in the natural chemistry of the ground
or surface water in the wetland;
(f)
A loss of wetland habitat;
(g)
A reduction in wetland habitat diversity;
(h)
A change in wetlands species composition; or
(i)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting, or feeding.
(2)
Determinations under this subsection shall consider
the cumulative modifications of the wetland due to the development
being proposed and any other existing or potential development which
may affect the wetland.
[Added 11-10-1988 by Ord. No. 88-10]
A.
No yard or other open space provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building or any other lot.
B.
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projections
allowed by the State Uniform Construction Code, including but not
limited to sills, belt courses, chimneys, flues, buttresses, ornamental
features, and eaves; provided, however, that none of the aforesaid
projections shall project into the minimum required yards more than
24 inches, unless otherwise permitted by this chapter. Unroofed entrance
porches or terraces, which do not rise above the height of the floor
level of the ground floor, may extend into any yard providing the
total area of all such porches, extending into the yard, does not
exceed 1,000 square feet.
[Added 5-11-2006 by Ord. No. 2006-6]
All newly constructed single-family homes should
adhere to the following landscape and design requirements:
A.
Driveways must be located facing the street compatible
with adjacent properties. Driveways must have a concrete apron and
be paved a minimum distance of 20 feet from the intersection with
the street.
B.
All lots are required to be seeded or otherwise planted with appropriate landscape materials consistent with § 285-88 as a condition of the issuance of a certificate of occupancy. If all landscape improvements are not completed at the time the C.O. is issued, the builder must provide a cash escrow or bond for the improvements.
C.
A maximum clearing area of 15 feet around the perimeter
of the house shall be established. Tree protection fencing shall be
used to define the clearing limits.
D.
In the event that a property under development is
devoid of existing vegetation, a minimum of six indigenous trees should
be planted on the property.
E.
A minimum of eight foundation shrubs shall be planted
along the front foundation of the house.
F.
A lot grading plan shall be submitted to be reviewed and approved by the Borough Engineer prior to the issuance of a building permit. A minimum grade of 2% should be established from the house foundation to an acceptable storm sewer system or natural drainage path consistent with § 285-64.
G.
New construction may not have a negative impact on
the drainage of adjacent property.
[Added 5-11-2006 by Ord. No. 2006-6]
A.
Intent. All newly constructed and substantially rehabilitated
(more than 50%) homes in all zones must meet the minimum design standards
set forth in this chapter. The intent of the design minimums is to
provide a varied streetscape and to ensure that inferior quality architecture
does not have a negative impact on existing and emerging neighborhoods.
To accomplish this, the design standards set forth parameters for
building mass and form and building variation requirements. The Planning
Board or the Board's designated professional shall review building
elevations prior to final subdivision or site plan approval. In the
case of a single dwelling that does not require a subdivision or site
plan approval, the Borough Construction Official or Borough Architect
will review the plans for compliance. The design standards in this
section are not exhaustive of all design possibilities, therefore,
an applicant may submit a design incorporating elements not listed
herein for review.
B.
Residential building variation. In order to prevent
monotony and to eliminate the reuse of identical buildings in close
proximity of one another is discouraged.
(1)
Identical or substantially similar house models are
prohibited from being repeated more frequently than every fifth house
along the same side of the street.
(2)
Buildings will be considered similar if they have
similar mass and form.
(3)
Building mass is the outline of the structure as determined
by height, width and depth of the structure.
(4)
Building form is the style of the house such as ranch,
tri-level or two-story.
(5)
If building mass and form are similar, then the front
and the rear of the house must meet two of the three building variation
requirements below.
C.
Residential design minimums. The menu of architectural
elements that follows shall be used as a design guide to assist the
developer, applicant or builder in meeting the minimum standards for
the design of residential buildings. It is recommended that a builder
or developer submit a front elevation design for conceptual review
by the Planning Board prior to investing in full plan design. The
plans should be consistent with one of the three architectural menus.
Styles other than those presented below will be entertained by the
Planning Board, but must comply with the spirit and intent of the
design standards.
(1)
Architectural style menu.
|
Architectural Style Menu for Residential
Development
| |||
|---|---|---|---|
|
I
|
II
|
III
| |
|
Primarily brick or stone front facade (more
than 50%)
|
Primarily horizontal vinyl or wood siding
|
Primarily stucco or dryvit
| |
|
Gable end
|
Front porch 8 feet by 12 feet minimum
|
Minimum of 3 setbacks (change in elevation plane)
on front facade
| |
|
Detached garage behind building or side loaded
garage
|
Turret or a minimum of 2 dormers
|
Stucco to have quoin at each corner of the building
| |
|
Front porch with minimum size of 8 feet by 12
feet
|
A frame roof, minimum pitch 7:12
|
Hip roof predominant
| |
|
Windows minimum of 3 feet by 5 feet, except
for bathroom windows with 6-inch-by-6-inch lites
|
Windows minimum of 3 feet by 5 feet, except
for bathroom windows with 6-inch-by-6-inch lites
|
Garage side loaded, minimum of 4 feet behind
the front building line
| |
|
Windows minimum of 3 feet by 5 feet, except
for bathroom windows with 6-inch-by-6-inch lites
| |||
|
Minimum front stoop of 5 feet by 7 feet
| |||
D.
Commercial building design. Proposed architectural
renderings for commercial, institutional and industrial buildings
must be submitted to the Planning Board for review prior to final
approval. Facades must be appealing with architectural variation and
attention to detail.
[Added 5-11-2006 by Ord. No. 2006-6]
A.
Recognizing that certain uses, activities and structures
are necessary to serve the needs and conveniences of the Borough of
Chesilhurst, and recognizing at the same time that some uses can be
or can become inimical to the public health, safety and general welfare
if located and operated without proper consideration given to existing
conditions and character of the surrounding area, such uses are differentiated
from permitted uses and prohibited uses by this section and are referred
to as "conditional uses" as authorized by N.J.S.A. 40:55D-67.
B.
It shall be the applicant's responsibility to demonstrate
to the reviewing Board that the design, arrangement, and nature of
the particular use as supported by the development plans and supporting
documentation is such that the public health, safety and welfare will
be protected and that the following conditions are met:
(1)
The conditional use will not adversely affect the
safe and comfortable enjoyment of property rights of the adjacent
properties.
(2)
The design and layout of the proposal are consistent
with the character of the environs and consistent with the Borough's
plans for development.
(3)
The conditional use will serve a useful purpose to
the Borough and, if applicable, to the region, and satisfy an established
need in the community.
(4)
The conditional use and development plans will not
constitute a nuisance, safety hazard or health hazard due to lighting,
noise, odors, hours of operation, signage, waste disposal, or pollution
of the environment.
(5)
The conditional use and development plan adhere to
the minimum standards set forth for the particular zone.
