Borough of Chesilhurst, NJ Zoning District Regulations

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service, are hereby prohibited in any of the zoning districts contained in this chapter and within the geographical boundaries of the Borough.

§ 285-98 Zoning Map.

[Amended 3-12-1998 by Ord. No. 98-1; 5-11-2006 by Ord. No. 2006-6]

The boundaries of all zoning districts set forth in this article are shown on the map, entitled "Zoning Map, Borough of Chesilhurst," dated May 4, 2005, which map is hereby made part of this article.[1]

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

§ 285-99 Interpretation of zoning district boundaries.

Zoning district boundaries are intended to follow street right-of-way lines, lot and property lines, municipal boundary lines, or hypothetical extensions of lot and property lines.

Where a street right-of-way serves as the zoning district boundary line and it is lawfully vacated, the former center line shall be considered as the zoning district line.

Where a zoning district line divides a lot, that line may be modified by the owner by moving it to the property line, provided the property line is within 20 feet of the zoning district line shown on the Zoning Map. A use permitted in the district so extended shall hereafter be a permitted use in the extended area. An owner may utilize this provision only once to alter a zoning district line.

The location of any disputed zoning district line shall be determined by the Planning Board.

The provisions of this article shall constitute minimum requirements. Where this article imposes a greater restriction than other provisions of law, the provisions of this article shall control. Where other provisions of law impose greater restrictions than this article, the provisions of such other laws shall control.

§ 285-100 R-1 Residential District.

[Amended 8-8-1985 by Ord. No. 85-7; 11-10-1988 by Ord. No. 88-10; 4-11-1991 by Ord. No. 91-3; 3-11-1993 by Ord. No. 93-1; 3-12-1998 by Ord. No. 98-1; 3-13-2003 by Ord. No. 2003-1; 5-11-2006 by Ord. No. 2006-6]

Purpose. The R-1 Residential Zoning District is intended for low-density residential uses, or primarily single-family, detached housing units. The R-1 District corresponds with those blocks in the Borough which already contain single-family detached housing or are suitable for additional housing of this type.

Permitted principal uses. Within this district land may be used and buildings or structures may be used, altered or erected for the following:

Single-family detached dwellings.

Public parks, playgrounds, playfields and conservation areas.

Public schools, public buildings or facilities.

Religious institutions and cemeteries.

Agriculture.

Accessory uses:

Fences in accordance with § 285-58.

Patios and decks.

Garages in accordance with § 285-62.

Sheds.

Other customary accessory uses.

Lot, yard and building requirements.

Base requirements:

R-1 Base Requirements
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		30,000 square feet
Lot width		200 feet
Front yard		50 feet
Side yard		20 feet
Rear yard		50 feet
Maximum height		35 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.1 Maximum 0.2
Accessory structures		Not permitted in any front yard
Shed		Maximum 120 square feet, 5 feet from property line
Deck		Minimum 15 feet from property line

Pinelands development credit requirements (pursuant to § 285-108):

R-1 PDC Requirements
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		22,500 square feet
Lot width		150 feet
Front yard		40 feet
Side yard		15 feet
Rear yard		50 feet
Maximum height		35 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.1 Maximum 0.2
Accessory structures		Not permitted in any front yard
	Shed	Maximum 120 square feet, 5 feet from property line
	Deck	Minimum 15 feet from property line

Conditional uses:

Private clubs and private recreational camps.

Assisted living facilities, congregate care facilities, other similar health care facilities.

§ 285-101 R-2 Residential District.

[Amended 8-8-1985 by Ord. No. 85-7; 3-11-1993 by Ord. No. 93-1; 3-12-1998 by Ord. No. 98-1; 3-13-2003 by Ord. No. 2003-1; 5-11-2006 by Ord. No. 2006-6]

The R-2 Residential Zoning District is intended for low- to medium-density residential uses. This district is designed to enable the implementation of development opportunities consistent with historic growth and development patterns in the community.

Permitted principal uses. Within this district, land may be used and buildings or structures may be used, altered or erected for the following:

Single-family detached dwellings.

Public parks, playgrounds, playfields and conservation areas.

Public schools, public buildings or facilities.

Religious institutions and cemeteries.

Agriculture.

Accessory uses:

Fences in accordance with § 285-58.

Patios and decks.

Garages in accordance with § 285-62.

Sheds.

Other customary accessory uses.

Lot, yard and building requirements.

Base requirements:

R-2 Base Requirements
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		22,500 square feet
Lot width		150 feet
Front yard		40 feet
Side yard		15 feet
Rear yard		50 feet
Maximum height		35 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.1 Maximum 0.2
Accessory structures		Not permitted in any front yard
	Shed	Maximum 120 square feet, 5 feet from property line
	Deck	Minimum 15 feet from property line

Pinelands development credit requirements (pursuant to § 285-108):

R-2 PDC Requirements
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		15,000 square feet
Lot width		100 feet
Front yard		30 feet
Side yard		12 feet
Rear yard		50 feet
Maximum height		40 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.1 Maximum 0.2
Accessory structures		Not permitted in any front yard
	Shed	Maximum 120 square feet, 5 feet from property line
	Deck	Minimum 15 feet from property line

Conditional uses:

Private clubs and private recreational camps.

Assisted living facilities, congregate care facilities, other similar health care facilities.

§ 285-102 R-3 Residential District.

[Amended 8-8-1985 by Ord. No. 85-7; 4-11-1991 by Ord. No. 91-3; 3-11-1993 by Ord. No. 93-1; 8-5-1993 by Ord. No. 93-4; 3-12-1998 by Ord. No. 98-1; 3-13-2003 by Ord. No. 2003-1; 5-11-2006 by Ord. No. 2006-6]

Purpose. The R-3 Residential Zoning District is intended for medium-density residential uses and may include low-density residential uses as permitted in the R-1 and R-2 Zoning Districts. This district is designed to enable the implementation of development opportunities consistent with the historical growth and development patterns of the community.

Permitted principal uses. Within this district, land may be used and buildings or structures may be used, altered or erected for the following:

Single-family detached dwellings.

Public parks, playgrounds, playfields and conservation areas.

Public schools, public buildings or facilities.

Religious institutions and cemeteries.

Agriculture.

Accessory uses:

Fences in accordance with § 285-58.

Patios and decks.

Garages in accordance with § 285-62.

Sheds.

Other customary accessory uses.

Lot, yard and building requirements.

Requirements (PDCs are not to be used in the R-3 Zone):

R-3 Base Requirements
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		15,000 square feet
Lot width		100 feet
Front yard		30 feet
Side yard		12 feet (30 feet aggregate)
Rear yard		40 feet
Maximum height		35 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.1 Maximum 0.3
Accessory structures		Not permitted in any front yard
	Shed	Maximum 120 square feet, 5 feet from property line
	Deck	Minimum 15 feet from property line

Conditional uses:

Private clubs and private recreational camps.

Assisted living facilities, congregate care facilities, other similar health care facilities.[1]

[1]

Editor's Note: Original § 1406, R-4 Residential District, as amended, which immediately followed this subsection, was repealed 3-12-1998 by Ord. No. 98-1.

§ 285-103 SC Senior Citizen District.

[Added 10-10-1996 by Ord. No. 96-4; amended 9-11-1997 by Ord. No. 97-4; 3-12-1998 by Ord. No. 98-1; 5-11-2006 by Ord. No. 2006-6]

Purpose. The Senior Citizen District is intended to encourage the development of age-appropriate housing to serve the needs of the adult population over the age of 55. The district is designed to encourage the use of PDCs and to permit flexibility in the density, design and type of housing. Development in the district should preserve natural resources, have minimal impacts on the environment and should meet the unique needs of the aging population.

Permitted principal uses:

Single-family detached dwellings.

Townhouse dwellings.

Twin (duplex) house dwellings.

Condominiums as defined in N.J.S.A. 46:8B-3(h).

Flats or apartments.

Assisted living facilities and congregate care facilities.

Accessory uses:

Fences in accordance with § 285-58.

Patios and decks.

Garages in accordance with § 285-62.

Sheds (for single-family and two-family units)

Other customary accessory uses.

Lot, yard and building requirements.

Base requirements:

SC Base Requirements
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		22,500 square feet
Lot width		150 feet
Front yard		40 feet
Side yard		15 feet
Rear yard		50 feet
Maximum height		35 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.075
Maximum total impervious cover		30%
Accessory structures		Not permitted in any front yard
	Shed	Maximum 100 square feet, 5 feet from property line
	Deck	Minimum 15 feet from property line

Pinelands development credit requirements for single family (pursuant to § 285-108):

SC Requirements for Single Family Utilizing PDCs
Minimum lot size with septic disposal system		43,560 square feet (1 acre)
Minimum lot size with centralized wastewater (sewer) connection		7,500 square feet
Lot width/frontage		75 feet
Front yard		30 feet
Side yard		12 feet (30 feet aggregate)
Rear yard		40 feet
Maximum height		35 feet
Floor area ratio (based on required minimum lot size)		Minimum 0.2
Maximum total impervious cover		40%
Accessory structures		Not permitted in any front yard
	Shed	Maximum 100 square feet, 5 feet from property line
	Deck	Minimum 15 feet from property line

Pinelands development credit requirements for twin/duplex unit development:

SC Requirements for Twin/Duplex Development Utilizing PDCs
Minimum tract area		5 acres
Maximum density with centralized wastewater (sewer) connection		5.8 units per acre
Minimum lot size		4,000 square feet
Lot width/frontage		40 feet
Front yard		25 feet
Side yard		0 lot lines permitted on 1 side, 10 feet second side
Rear yard		20 feet
Minimum distance between buildings		40 feet
Maximum height		35 feet
Maximum building coverage		35%
Maximum total impervious cover		65%
Accessory structures		Not permitted in any front yard
	Shed	Maximum 80 square feet, 5 feet from property line
	Deck	Minimum 10 feet from rear and side property line

Pinelands development credit requirements for townhouse development (pursuant to § 285-108):

SC Requirements for Townhouse Development Utilizing PDCs
Minimum tract area		5 acres
Maximum density with centralized wastewater (sewer) connection		5.8 units per acre
Minimum lot size		2,500 square feet
Maximum number of units attached		6
Lot width/frontage		25 feet
Front yard		25 feet
Side yard		0 lot lines permitted, end unit 20 feet
Rear yard		20 feet
Minimum distance between buildings		40 feet
Maximum height		35 feet
Maximum building coverage		25%
Maximum total impervious cover		50%
Accessory structures		Not permitted in any front yard
	Shed	Maximum 80 square feet, 5 feet from property line
	Deck	Minimum 10 feet from property line

Pinelands development credit requirements for apartments/flats (pursuant to § 285-108):

	SC Requirements for Apartment/Flat Development Utilizing PDCs
	Centralized wastewater system	Required
	Minimum tract area	5 acres
	Maximum density	5.8 units per acre
	Maximum number of units per building	16
	Lot width/frontage	100 feet
	Front yard	50 feet
	Side yard	50 feet
	Rear yard	50 feet
	Minimum distance between buildings	50 feet
	Maximum height	40 feet
	Minimum distance between building and parking area	15 feet
	Maximum building coverage	25%
	Maximum total impervious cover	50%
	Accessory structures	Not permitted in any front yard Minimum 50 feet from property line

Conditional uses:

Convenience retail stores in conjunction with a development in the SC Zone that utilizes PDCs and consistent with the requirements of § 285-105 (neighborhood commercial).

Development standards for the SC Zone. In addition to other applicable standards and requirements, developments in the SC Zoning District shall comply with the following standards:

Age restricted. All units within the development shall be restricted so that at least one resident of the dwelling is at least 55 years of age, and none of the permanent residents are under the age of 18, or as otherwise defined and determined by federal law.

Open space. For developments of townhouses or apartments/flats, a minimum of 30% of the gross acreage must be set aside as open space. The open space should be configured to preserve natural features and to provide passive recreation opportunities.

Maximum density. The base density in the SC Zone shall not exceed two units per acre. The density may be increased to a maximum of 5.8 units per acre when Pinelands development credits are utilized in accordance with § 285-108.

Fair share housing. A minimum of one affordable housing unit (in accordance with the Council on Affordable Housing's regional income limits) with the appropriate affordability controls shall be provided for every eight market rate units (11.1% of the total units).

Public water and sewer. All dwelling units in the SC Zone shall be connected to and served by the centralized wastewater system. All units developed beyond the permitted base density shall be served by a public water system.

Buffer. Buffers shall be provided in accordance with the requirements of § 285-54.

Homeowners' association. Where land or improvements are owned in common, a homeowners' association shall be created to hold title to such common lands or improvements. The association shall also provide common services such as improvements maintenance, road repair, trash collection and snow clearance. This association shall maintain and regulate its property in accordance with the provisions of this chapter.

Schedule of development/phasing. A development schedule shall be reviewed and approved by the Planning Board. If the developer is unable to keep pace with the schedule, he shall return to Planning Board to seek an amendment.

Parking. Parking shall be in accordance with § 285-73.

Apartments/flats. Development of apartments or flats must also be consistent with the regulations set forth in § 285-63.

§ 285-104 HC Highway Commercial District.

[Amended 3-11-1993 by Ord. No. 93-1; 3-12-1998 by Ord. No. 98-1; 5-11-2006 by Ord. No. 2006-6]

Purpose. The Highway Commercial District is intended to provide opportunities for development of commercial and professional uses in accessible locations within the White Horse Pike (Route 30) Corridor.

Permitted uses:

Bakeries (minimum 25% retail).

Banks.

Beauty salons/barbershops.

Communications offices.

Funeral homes.

Furniture sales/showrooms.

General retail stores.

Indoor private recreation facilities.

Libraries.

Medical offices and clinics.

Municipal offices.

Museums/art gallery.

Office buildings.

Professional business and administrative, finance, utility and government offices.

(15)

Restaurants without drive-in or drive-through.

(16)

Studios for dance, martial arts, etc.

(17)

Supermarkets/grocery stores.

Conditional uses:

Bars and nightclubs:

Must comply with the standards set forth in § 285-96.

Bars and nightclubs must have a valid liquor consumption license.

Shall be permitted only in conjunction with a restaurant use.

Shall comply with noise ordinance requirements.

Car washes:

Must comply with the standards set forth in § 285-96.

All mechanical activities shall be conducted completely within a closed building.

Oil traps shall be installed.

Wastewater from the use shall be treated before discharge to the ground to a surface water body.

Catering halls in conjunction with a restaurant use:

Must comply with the standards set forth in § 285-96.

Motor vehicle service stations:

Shall be in accordance with §§ 285-96 and 285-78.

Fast food restaurants and drive-through restaurants:

Must comply with the standards set forth in § 285-96.

May not operate between the hours of 11:00 p.m. and 6:00 a.m. unless the property line is a minimum of 400 feet from the nearest residential property.

Design of the building subject to the review and approval of the Borough's planner or architect.

Movie theaters:

Must comply with the standards set forth in § 285-96.

Must have a minimum of 300 feet of frontage on a county road or state highway.

Design of the building subject to the review and approval of the Borough's planner or architect.

Hotels and motels:

Must comply with the standards set forth in § 285-96.

Must have a minimum of 50 rooms.

Must have a minimum of 300 feet of frontage on and access from a county road or state highway.

Rooms shall be available on a temporary basis, not for residential dwelling.

Used car sales:

Must comply with the standards set forth in § 285-96.

Used car sales shall only be permitted in conjunction with a new car sales dealership at the same location.

Cars may not be parked on buffer strip areas.

Landscape requirements must be met.

Single-family detached dwellings existing at the time of adoption of this chapter may continue to exist as long as they are occupied and free of code violations.

Prohibited uses:

Outdoor storage of materials or goods.

Roadside stands, unless on the same property as an active agricultural use.

Residential dwellings or units, except those legally occupied at the time of the adoption of this chapter, which may continue to exist.

Warehouses.

Wholesale distribution centers.

Manufacturing.

Hospitals.

Cemeteries.

Lot, yard and building requirements:

	Highway Commercial Standards
	Minimum lot area	30,000 square feet
	Maximum building coverage	25%
	Maximum building height	50 feet
	Minimum front yard	60 feet, or 40 feet when no parking is located in front of the principal building
	Minimum rear yard	20 feet
	Minimum side yard	20 feet
	Minimum frontage	200 feet
	Minimum vegetated area	35% of lot area
	Maximum impervious coverage	65% of lot area

Other applicable regulations:

For lots within the HC District with frontage of less than 200 feet, for which a variance is granted for the existing condition, there shall be only one driveway for ingress and egress accessing the White Horse Pike (U.S. Route 30).

Off-street parking shall be in accordance with § 285-73 of this chapter.

Buffers shall be provided in accordance with § 285-54 of this chapter.

Signs shall be permitted in accordance with § 285-82 of this chapter.

All new uses shall be served by centralized wastewater treatment.

§ 285-105 NC Neighborhood Commercial District.

[Amended 3-12-1998 by Ord. No. 98-1]

Purpose. The Neighborhood Commercial District is intended for a range and type of convenient, small shops where local daily services are supplied. Commercial uses are designated to meet the convenience shopping and services of the nearby population.

Permitted uses. Within this district, land may be used and buildings or structures may be used, altered, or erected for the following uses:

Convenience retail stores;

Bakeries;

Stationary or card shops;

Florists.

Standards of development:

Minimum lot size: 15,000 square feet.

Lot width: 100 feet.

Front yard: 40 feet.

Side yard: 10 feet minimum.

Rear yard: 25 feet.

Building coverage limit: 30%.

Maximum building height: 35 feet.

Minimum vegetated area: 35%.

Impervious coverage limit: 30%.

Other applicable regulations.

Off-street parking and loading shall be provided in accordance with § 285-73 of this chapter;

Buffers shall be provided, as necessary, in accordance with § 285-54 of this chapter;

Signs shall be permitted in accordance with § 285-82 of this chapter; and

The use shall meet all other applicable regulations under Article XII of this chapter.

No nonresidential use shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.

§ 285-106 I Industrial District.

[Amended 5-9-1985 by Ord. No. 85-3; 5-13-1987 by Ord. No. 87-5; 3-12-1998 by Ord. No. 98-1]

Purpose. The I Industrial District is intended for light industrial uses, including industrial parks and general or professional office facilities. This district is designed to enable the implementation of opportunities for planned industrial development, as discussed in the land use element of the Master Plan.

Permitted uses. Within this district, land may be used and buildings or structures may be used, altered, or erected for the following uses:

Business, professional, and governmental offices;

Offices for administrative, professional, sales, or similar uses incidental to the main industrial use;

Research and development facilities;

Public utility and service activities of a light industrial character, such as repair and maintenance yards, and storage facilities;

Wholesaling and distributing activities;

Job printing, newspaper, or book publisher;

Manufacturing or fabrication, including the processing, storage, and servicing of goods and materials, except for those uses specifically prohibited hereinafter.

Uses specifically prohibited. The maintenance or manufacture of the following uses are specifically prohibited:

Acetylone gas manufacturing;

Ammonia, bleaches;

Arsenal;

Asphalt manufacturing, refining;

Blast furnace;

Carbon, lamp black;

Shoe polish;

Celluloid;

Coke ovens;

Creosote;

Distillation, waste, bones;

Explosives-matches;

Fat rendering;

Fertilizer;

Junkyard;

Glue, sizing, etc.;[1]

[1]

Editor's Note: Original § 1409.C.17, Incineration, garbage, which immediately followed this subsection, was repealed 9-8-1988 by Ord. No. 88-6 and 12-29-1988 by Ord. No. 88-15.

Lime, gypsum;

Linoleum;

Ore reduction;

Paint, oil, varnish manufacturing;

(21)

Petroleum refining;

(22)

Raw-hide tanning;

(23)

Rubber manufacturing, crude scrap;

(24)

Slaughtering animals;

(25)

Smeltering, iron, tin, zinc, copper;

(26)

Soap, soda and washing powder manufacturing;

(27)

Starch, glucose, or dextrine;

(28)

Stockyards;

(29)

Sulphurous, sulfuric, nitric or hydro acid;

(30)

Tallow, grease, or candle manufacturing;

(31)

Tar distillation, dye manufacturing;

(32)

Tar roofing, water proofing;

(33)

Wool pulling and scouring.

Lot, yard, and building regulations.

Minimum area: Areas developed as a planned industrial park complex shall contain at least 10 acres, and the minimum lot size shall be at least one acre. Individual industrial sites or lots not part of an industrial park complex shall be a minimum of two acres and have a minimum of 200 feet of frontage on a paved, public street.

Maximum building coverage: Principal and accessory buildings shall not occupy more than 35% of the lot area.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum depth of front yard: 80 feet.

Minimum width of side yards: 25 feet each (two required).

Minimum depth of rear yard: 40 feet.

Exceptions for side and rear yards: On lots adjoining a residential zoning district or an existing residence, no building shall be closer than 100 feet of side zoning district boundary line or property lot line, unless it is found by the Planning Board that adequate buffering, as required by this chapter, is provided, in which event the setback may be reduced to 50 feet.

Maximum building height: 45 feet.

Other applicable regulations.

Off-street parking and loading shall be provided in accordance with § 285-73 of this chapter. No off-street parking shall be closer than 50 feet of any residential zoning district boundary or lot line of an existing residence;

Buffers shall be provided, as necessary, in accordance with § 285-54 of this chapter;

Signs shall be permitted in accordance with § 285-82 of this chapter;

All industrial uses shall conform with the standards for air quality under § 285-52 of this chapter and the standards for storage of materials under § 285-84 of this chapter; and

All industrial uses shall meet all other applicable regulations, under Article XII of this chapter, as they are applicable.

§ 285-107 MHP Mobile Home Park District.

[Amended 4-11-1991 by Ord. No. 91-3; 3-12-1998 by Ord. No. 98-1]

Purpose. The Mobile Home Park District is intended to ensure the compatibility with surrounding land uses; to further the general welfare by extending greater opportunities for better and more affordable housing to all present and prospective residents of the Borough; to provide for a diversity of housing types; and to encourage mobile home parks that are beneficial to property values and the general welfare of the Borough of Chesilhurst. Any development in this district shall require a 20% set aside for low- and moderate-income units as regulated by the Council on Affordable Housing.

Permitted uses. Within this district, land may be used and buildings or structures may be used, altered, or erected for the following uses:

Mobile home in conjunction with a mobile home park.

Regulations for mobile home parks.

Residential uses. A mobile home park may include mobile homes of single width or multiple width or any combination thereof, but shall not include truck campers, recreational vehicles or motor homes. No mobile home may be occupied before furnishing the Borough a copy of the structural engineering bulletin indicating approval by the United States Department of Housing and Urban Development of the dwelling or of the components of the dwelling.

No part of any mobile home park shall be used for nonresidential purposes, except such uses as are required for the direct servicing, recreation, and well-being of the residents and for the management and maintenance of the development and are not otherwise prohibited by any provision of this article.

Nothing in this section shall be deemed as prohibiting the rental, sale or resale of a mobile home stand or a mobile home located on a mobile home stand and connected to the pertinent utilities.

Accessory uses.

Accessory uses and structures customarily incidental to the maintenance, servicing and well-being of a mobile home development residents shall be permitted only as part of an approved development plan for the site.

Structures specifically designed by the mobile home manufacturers for enlargement of mobile homes and other additions architecturally compatible with the mobile home may be joined onto the principle dwelling provided that all applicable ordinances are met. The standards of Part 5, Standards for the Installation of Mobile Homes (ANSI/NFPA Publication No. 501A 1977), Manufactured Housing Institute and National Fire Protection Association, shall be adhered to.

Standards of development:

Minimum planning district: 10 acres.

Minimum lot size: 22,500 square feet base density; 7,500 square feet PDC density.

Building setback: 35 feet.

Other setbacks: 50 feet from property lines; 25 feet from other mobile home.

Parks: 15 feet from parking areas.

Lot width: 75 feet.

Building coverage limit: 25%.

Maximum building height: 32 feet.

Open space: 10%.

Affordable housing: 20% (10% low, 10% moderate).

Other applicable regulations.

The tract of land to be developed shall be in one ownership or shall be subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.

§ 285-108 Use of Pinelands development credits.

[Amended 11-10-1988 by Ord. No. 88-10; 4-11-1991 by Ord. No. 91-3; 3-11-1993 by Ord. No. 93-1; 3-12-1998 by Ord. No. 98-1]

Residential use density shall be increased in accordance with Subsection B below and N.J.A.C. 7:50-5.41 through 5.47 through the applicant's proof of ownership of Pinelands development credits.

Density increases shall occur in accordance with the following schedule:

Zoning District	Base Density or Minimum Lot Size	Maximum Density or Minimum Lot Size with Pinelands Development Credits
R-1	30,000 square feet	22,500 square feet [see Subsection D(1) below]
R-2	22,500 square feet	15,000 square feet [see Subsection D(1) below]
R-3	15,000 square feet	N/A
SC	2.0 units per acre	5.8 units/acre (see Subsection C below)
MH	22,500 square feet	7,500 square feet (see Subsection C below)

A bonus of one residential unit shall be yielded for every 0.25 Pinelands development credits redeemed. In no event shall the number of residential units to be constructed exceed that which is permitted pursuant to the density per acre with Pinelands development credits indicated in the table in Subsection B above.

Pinelands development credits may be used in the Borough in the following manner:

To permit development of parcels of land in the R-1, R-2, SC and MH Districts according to the density and lot area requirements set forth in Subsection B above and in §§ 285-100, 285-101, 285-103 and 285-104 of this chapter.

When a variance of density or minimum lot area requirements for the R-1, R-2, R-3, SC, or MH Districts is granted by the Borough, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

When a variance or other approval for a residential use in the HC, NC or I Districts is granted by the Borough, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 acres and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 4-12-2001 by Ord. No. 2001-1]

When a variance or other approval for a nonresidential use not otherwise permitted in the R-1, R-2, SC or MH Districts is granted by the Borough, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 acres and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 4-12-2001 by Ord. No. 2001-1]

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality or Borough with jurisdiction over the parcel of land from which the Pinelands development credits are obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of the recordation of a restriction on the deed to the land from which the Pinelands development credits were obtained.

Such deed restriction shall specify the number of Pinelands development credits sold and that the property from which the credits are sold may only be used in perpetuity for the uses permitted by N.J.A.C. 7:50-5.47.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 285-8H and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 4-12-2001 by Ord. No. 2001-1]

In no case shall a building permit or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Borough with evidence of his ownership of the requisite number of Pinelands development credits and those Pinelands development credits have been redeemed with the Borough.

Pinelands development credits may be allocated to certain properties within the Borough by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

§ 285-109 IN Institutional District.

[Added 5-11-2006 by Ord. No. 2006-6]

Purpose. The Institutional District has been delineated in areas where public uses, including parks, schools, government offices, public utility facilities, etc., currently exist or would be desirable.

Permitted uses:

Parks.

Playgrounds.

Outdoor recreation, including playing fields, tennis and basketball courts, tracks and trails.

Schools.

Churches and other places of worship.

Borough water and sewer facilities.

Government services and community buildings.

Cemeteries.

Libraries.

Accessory uses incidental to the uses above.

Lot, yard and building requirements:

	Institutional District Standards
	Minimum lot area	30,000 square feet
	Maximum building coverage	25%
	Maximum building height	35 feet
	Minimum front yard	60 feet, or 40 feet when no parking is located in front of the principal building
	Minimum rear yard	20 feet
	Minimum side yard	20 feet
	Minimum frontage	150 feet
	Minimum vegetated area	35% of lot area
	Maximum impervious coverage	65% of lot area

Other applicable regulations.

Off-street parking shall be in accordance with § 285-73 of this chapter.

Buffers shall be provided in accordance with § 285-54 of this chapter.

TELECOMMUNICATIONS ANTENNAE AND TOWERS

Signs shall be permitted in accordance with § 285-82 of this chapter.

§ 285-110 Telecommunications antennae and towers zone.

[Added 9-9-2010 by Ord. No. 2010-4]

Telecommunications antennae and towers shall be regulated in the Borough of Chesilhurst in accordance with this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

FALL ZONE

The circular area measured from the base of the tower outward in a circular pattern (radius) for a distance of 110% of the proposed or existing tower's height, including lightening rod. Telecommunications antennae and towers shall not be located on the property where the proposed tower's fall zone will encroach on another lot.

Those antennae and/or towers providing commercial mobile communications services, unlicensed wireless communication services, and common carrier wireless exchange access communication services, as prescribed in the Federal Telecommunications Act of 1996. Telecommunications antennae and towers may include storage cabinet for transmitting equipment, but may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes as permitted by the Federal Communications Commission (FCC), or other uses that are not necessary to send or receive transmissions.

Purpose. The purpose of this section is:

To provide for the use of telecommunications antennae and towers (hereinafter referred to as "towers") while regulating their location and number in the Borough.

To minimize the adverse visual impacts of towers and support facilities through proper design, siting, height and landscaping/screening.

To avoid potential damage to adjacent properties and associated traffic from tower failure and falling ice, through proper siting, engineering design and continued maintenance.

To encourage the joint use, or collection, or any new towers to reduce the number and scale of such structures in the future.

To minimize the impact on adjacent and nearby properties.

Use.

Towers may be permitted as a conditional principal use on lots in the Highway Commercial (HC), Institutional (IN) and Industrial (I) Zones of the Borough of Chesilhurst.

Towers may be permitted as a conditional accessory use to any use in the Highway Commercial (HC), Institutional (IN) and Industrial (I) Zones.

Towers may also be permitted as a conditional accessory use to existing public service infrastructure with sufficient height as to be affixed to such infrastructure, such as water towers, or other public and private tall buildings, smokestacks, and telecommunications antennae and towers in any zone.

Condition use; requirements. Applicants for development of a tower or tower facility must meet the following conditional use requirements:

Lot size. Towers may be permitted on lots with a minimum of lot size of the particular zone where the tower shall be located. Telecommunications antennae and towers are to be constructed at the farthest corner of each particular zone. The minimum lot size shall be sufficient to allow for the fall zone set forth in this section.

Height. The applicant shall demonstrate that the proposed antenna is the minimum height to function satisfactorily or as regulated by the FCC. Any tower higher than the minimum height of the zoning district shall require a variance. No tower or supporting structure shall exceed 200 feet. If a lesser height is proposed, the tower shall be designed to increase to 200 feet to accommodate collocation of other antenna.

Setback. Telecommunications antennae and towers must have a minimum setback on all sides equal to 110% of the height of the proposed tower. No other tower or structure may be constructed within the fall zone of any tower. No tower shall be erected within 500 feet of any single-family residential use or school facilities' property lines.

Collocation. In order to prevent their proliferation in the Borough, each tower shall be designed to allow collocation or shared use of additional antennae for the proposed providers in the Borough of Chesilhurst and for local police, fire, ambulance, emergency preparedness, and public education facilities. An applicant must send a certified mail announcement to all tower owners and users and to all owners of tall buildings and structures, i.e., greater than 35 feet, within the applicable zones that permit a tower as a conditional use within the Borough and within one-quarter-mile radius of the proposed site stating its need and asking for permission to install or share the site of its proposed antennae. This provision is not intended to limit or exclude any notice otherwise required under the Municipal Land Use Law. Applicants shall provide testimony indicating that no other tower, tall building, structure, etc., within this area is available for collocation. Applicants cannot be denied or deny space on an existing tower, tall building, or structure within the Borough for economic reasons. Collocation may, however, be denied for structural, mechanical, or regulatory factors. The Board may deny an application to erect or mount the antenna on an existing tower, building or structure. Copies of proposed access, collocation, or other related leases and agreements shall be provided to the Board Solicitor for his or her review.

Construction. Towers shall be either of a freestanding (monopole) or lattice (self-supporting) design with provisions made for clipping or reducing the size of the fall zone to 66% of the total height. Towers anchored with guide or the like wires shall not be permitted. All towers and support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.

Access. An access road shall be constructed to allow access roads to the tower facility. All access roads shall be fully and solely maintained by the applicant.

Design compatibility. The entire facility must be architecturally compatible with its surroundings. The use of residential compatible materials, such as brick and stucco, shall be required for associated support buildings, which shall be designed to architecturally match the predominant character of adjacent residential neighborhoods. In no case shall mental exteriors be permitted for accessory buildings.

Performance standards. Equipment at tower properties shall be automated in order to minimize the need for maintenance and serving. Applicants shall provide testimony indicating the estimated frequency of maintenance service, personnel needs, equipment needs and any anticipated traffic, noise radiation radio frequency interference, or public safety impacts, such as falling ice, debris, or structural collapse of the proposed use. Uses shall provide off-street parking and be accessible by means of a public street or private easement in a form acceptable to the Board Solicitor.

Screening. The base of towers or other personal wireless service facilities must be screened on all sides by public view by the use of opaque fencing to a height of six feet, or evergreen shrubbery, or both, wherein such screening shall be approved by the Board, considering aesthetic, type, location, and other such factors. The screen must be so as to prevent the tower or facility from being seen from a public right-of-way and from adjacent residential and commercial properties at ground level.

Signage. No signs and/or billboards of any kind shall be erected or placed on a tower, except for warning or no trespassing signs which, if constructed, shall be placed at the base of the structure. No part of the tower, antennae, fixtures, or instruments attached to the tower may have any written copy, design, logo, or other graphic image that could be construed as an advertisement. Any signs under this section must comply with the sign requirements set forth in § 285-82 of this chapter.

(11)

Lighting. No tower may be artificially lighted or illuminated, except when required by the FAA.

(12)

Structural integrity. The governing body may require periodic inspections of telecommunications antennae and towers to ensure their structural integrity, i.e., at least once every 10 years for monopole towers, and once every five years for self-supporting towers. Inspections shall be conducted by an engineer licensed by the State of New Jersey. The results of such inspections shall be provided to the Borough Engineer who shall advise the governing body as to any required repairs and/or reconstruction or the removal of a tower.

(13)

Abandonment. In the vent that a tower is to be left unused for a period of more than six months, the tower shall be determined to be abandoned and a potential threat to public safety. Upon due notice to the owner of the tower, the Borough may place a lien on the property for required engineering and demolition costs or may acquire the property through eminent domain.

Site plan.

The applicant must submit a site plan to the Planning Board of the Borough of Chesilhurst and receive its approval for all new telecommunications antennae and towers and additions to existing telecommunications antennae and towers. Site plan approval shall be obtained in accordance with Borough Code. The Board may waive formal site plan submission for antennae proposed to be mounted on an existing tower, tall buildings, or structure. Such site plan shall be submitted in 14 copies, be prepared, signed, and sealed by a professional engineer licensed in the State of New Jersey, and shall include an identification of the location and size of the proposed property, as well as engineering drawings indicating the proposed use and its method of supporting foundations, the method of construction, materials to be used, height of all structures, required setbacks and fall zone of the proposed tower, collocation documentation, maintenance in formation, and required screening. In addition to site plan approval, the applicant shall obtain a building permit prior to the installation and erection of the approved uses. The applicant shall obtain a building permit even where formal site plan approval has been waived. The building permit shall be obtained in accordance with Article XVII. The applicant shall demonstrate, to the satisfaction of the Board, that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission.