[Amended 3-12-1998 by Ord. No. 98-1; 5-11-2006 by Ord. No. 2006-6]
For the purpose of implementing the land development
regulations and standards set forth in this chapter the Borough of
Chesilhurst shall utilize the following zoning designations:
R-1
|
Residential
|
R-2
|
Residential
|
R-3
|
Residential
|
SC
|
Senior Citizen Residential
|
MHP
|
Mobile Home Park
|
NC
|
Neighborhood Commercial
|
HC
|
Highway Commercial
|
I
|
Industrial
|
IN
|
Institutional
|
[Added 8-5-2021 by Ord. No. 2021-3]
A. Cannabis
establishments.
(1) 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.
[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.
[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]
A. 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.
B. Permitted principal uses. Within this district land
may be used and buildings or structures may be used, altered or erected
for the following:
(1)
Single-family detached dwellings.
(2)
Public parks, playgrounds, playfields and conservation
areas.
(3)
Public schools, public buildings or facilities.
(4)
Religious institutions and cemeteries.
C. Accessory uses:
(5)
Other customary accessory uses.
D. Lot, yard and building requirements.
(1)
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
|
(2)
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
|
E. Conditional uses:
(1)
Private clubs and private recreational camps.
(2)
Assisted living facilities, congregate care
facilities, other similar health care facilities.
[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]
A. 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.
B. Permitted principal uses. Within this district, land
may be used and buildings or structures may be used, altered or erected
for the following:
(1)
Single-family detached dwellings.
(2)
Public parks, playgrounds, playfields and conservation
areas.
(3)
Public schools, public buildings or facilities.
(4)
Religious institutions and cemeteries.
C. Accessory uses:
(5)
Other customary accessory uses.
D. Lot, yard and building requirements.
(1)
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
|
(2)
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
|
E. Conditional uses:
(1)
Private clubs and private recreational camps.
(2)
Assisted living facilities, congregate care
facilities, other similar health care facilities.
[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]
A. 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.
B. Permitted principal uses. Within this district, land
may be used and buildings or structures may be used, altered or erected
for the following:
(1)
Single-family detached dwellings.
(2)
Public parks, playgrounds, playfields and conservation
areas.
(3)
Public schools, public buildings or facilities.
(4)
Religious institutions and cemeteries.
C. Accessory uses:
(5)
Other customary accessory uses.
D. Lot, yard and building requirements.
(1)
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
|
E. Conditional uses:
(1)
Private clubs and private recreational camps.
(2)
Assisted living facilities, congregate care
facilities, other similar health care facilities.
[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]
A. 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.
B. Permitted principal uses:
(1)
Single-family detached dwellings.
(3)
Twin (duplex) house dwellings.
(4)
Condominiums as defined in N.J.S.A. 46:8B-3(h).
(6)
Assisted living facilities and congregate care
facilities.
C. Accessory uses:
(4)
Sheds (for single-family and two-family units)
(5)
Other customary accessory uses.
D. Lot, yard and building requirements.
(1)
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
|
(2)
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
|
(3)
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
|
(4)
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
|
(5)
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
|
E. Conditional uses:
(1)
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).
F. 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:
(1)
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.
(2)
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.
(3)
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.
(4)
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).
(5)
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.
(6)
Buffer. Buffers shall be provided in accordance with the requirements of §
285-54.
(7)
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.
(8)
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.
(9)
Parking. Parking shall be in accordance with §
285-73.
(10)
Apartments/flats. Development of apartments or flats must also be consistent with the regulations set forth in §
285-63.
[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]
A. 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.
B. Permitted uses:
(1)
Bakeries (minimum 25% retail).
(3)
Beauty salons/barbershops.
(6)
Furniture sales/showrooms.
(8)
Indoor private recreation facilities.
(10)
Medical offices and clinics.
(14)
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.
C. Conditional uses:
(1)
Bars and nightclubs:
(a)
Must comply with the standards set forth in §
285-96.
(b)
Bars and nightclubs must have a valid liquor
consumption license.
(c)
Shall be permitted only in conjunction with
a restaurant use.
(d)
Shall comply with noise ordinance requirements.
(2)
Car washes:
(a)
Must comply with the standards set forth in §
285-96.
(b)
All mechanical activities shall be conducted
completely within a closed building.
(c)
Oil traps shall be installed.
(d)
Wastewater from the use shall be treated before
discharge to the ground to a surface water body.
(3)
Catering halls in conjunction with a restaurant
use:
(a)
Must comply with the standards set forth in §
285-96.
(4)
Motor vehicle service stations:
(5)
Fast food restaurants and drive-through restaurants:
(a)
Must comply with the standards set forth in §
285-96.
(b)
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.
(c)
Design of the building subject to the review
and approval of the Borough's planner or architect.
(6)
Movie theaters:
(a)
Must comply with the standards set forth in §
285-96.
(b)
Must have a minimum of 300 feet of frontage
on a county road or state highway.
(c)
Design of the building subject to the review
and approval of the Borough's planner or architect.
(7)
Hotels and motels:
(a)
Must comply with the standards set forth in §
285-96.
(b)
Must have a minimum of 50 rooms.
(c)
Must have a minimum of 300 feet of frontage
on and access from a county road or state highway.
(d)
Rooms shall be available on a temporary basis,
not for residential dwelling.
(8)
Used car sales:
(a)
Must comply with the standards set forth in §
285-96.
(b)
Used car sales shall only be permitted in conjunction
with a new car sales dealership at the same location.
(c)
Cars may not be parked on buffer strip areas.
(d)
Landscape requirements must be met.
(9)
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.
D. Prohibited uses:
(1)
Outdoor storage of materials or goods.
(2)
Roadside stands, unless on the same property
as an active agricultural use.
(3)
Residential dwellings or units, except those
legally occupied at the time of the adoption of this chapter, which
may continue to exist.
(5)
Wholesale distribution centers.
E. 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
|
F. Other applicable regulations:
(1)
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).
(2)
Off-street parking shall be in accordance with §
285-73 of this chapter.
(3)
Buffers shall be provided in accordance with §
285-54 of this chapter.
(4)
Signs shall be permitted in accordance with §
285-82 of this chapter.
(5)
All new uses shall be served by centralized
wastewater treatment.
[Amended 3-12-1998 by Ord. No. 98-1]
A. 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.
B. Permitted uses. Within this district, land may be
used and buildings or structures may be used, altered, or erected
for the following uses:
(1)
Convenience retail stores;
(3)
Stationary or card shops;
C. Standards of development:
(1)
Minimum lot size: 15,000 square feet.
(4)
Side yard: 10 feet minimum.
(6)
Building coverage limit: 30%.
(7)
Maximum building height: 35 feet.
(8)
Minimum vegetated area: 35%.
(9)
Impervious coverage limit: 30%.
D. Other applicable regulations.
(1)
Off-street parking and loading shall be provided in accordance with §
285-73 of this chapter;
(2)
Buffers shall be provided, as necessary, in accordance with §
285-54 of this chapter;
(3)
Signs shall be permitted in accordance with §
285-82 of this chapter; and
(4)
The use shall meet all other applicable regulations under Article
XII of this chapter.
E. No nonresidential use shall be located on a parcel
of less than one acre unless served by a centralized wastewater treatment
plant.
[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]
A. 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.
B. Permitted uses. Within this district, land may be
used and buildings or structures may be used, altered, or erected
for the following uses:
(1)
Business, professional, and governmental offices;
(2)
Offices for administrative, professional, sales,
or similar uses incidental to the main industrial use;
(3)
Research and development facilities;
(4)
Public utility and service activities of a light
industrial character, such as repair and maintenance yards, and storage
facilities;
(5)
Wholesaling and distributing activities;
(6)
Job printing, newspaper, or book publisher;
(7)
Manufacturing or fabrication, including the
processing, storage, and servicing of goods and materials, except
for those uses specifically prohibited hereinafter.
C. Uses specifically prohibited. The maintenance or manufacture
of the following uses are specifically prohibited:
(1)
Acetylone gas manufacturing;
(4)
Asphalt manufacturing, refining;
(11)
Distillation, waste, bones;
(20)
Paint, oil, varnish manufacturing;
(23)
Rubber manufacturing, crude scrap;
(25)
Smeltering, iron, tin, zinc, copper;
(26)
Soap, soda and washing powder manufacturing;
(27)
Starch, glucose, or dextrine;
(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.
D. Lot, yard, and building regulations.
(1)
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.
(2)
Maximum building coverage: Principal and accessory
buildings shall not occupy more than 35% of the lot area.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum depth of front yard: 80 feet.
(6)
Minimum width of side yards: 25 feet each (two
required).
(7)
Minimum depth of rear yard: 40 feet.
(8)
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.
(9)
Maximum building height: 45 feet.
E. Other applicable regulations.
(1)
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;
(2)
Buffers shall be provided, as necessary, in accordance with §
285-54 of this chapter;
(3)
Signs shall be permitted in accordance with §
285-82 of this chapter;
(4)
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
(5)
All industrial uses shall meet all other applicable regulations, under Article
XII of this chapter, as they are applicable.
[Amended 4-11-1991 by Ord. No. 91-3; 3-12-1998 by Ord. No.
98-1]
A. 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.
B. Permitted uses. Within this district, land may be
used and buildings or structures may be used, altered, or erected
for the following uses:
(1)
Mobile home in conjunction with a mobile home
park.
C. Regulations for mobile home parks.
(1)
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.
(2)
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.
(3)
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.
D. Accessory uses.
(1)
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.
(2)
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.
E. Standards of development:
(1)
Minimum planning district: 10 acres.
(2)
Minimum lot size: 22,500 square feet base density;
7,500 square feet PDC density.
(3)
Building setback: 35 feet.
(4)
Other setbacks: 50 feet from property lines;
25 feet from other mobile home.
(5)
Parks: 15 feet from parking areas.
(7)
Building coverage limit: 25%.
(8)
Maximum building height: 32 feet.
(10)
Affordable housing: 20% (10% low, 10% moderate).
F. Other applicable regulations.
(1)
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.
[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]
A. 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.
B. 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)
|
C. 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.
D. Pinelands development credits may be used in the Borough
in the following manner:
(1)
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.
(2)
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.
(3)
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]
(4)
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]
(5)
When a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
E. 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.
F. 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.
G. 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]
H. 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.
I. 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.
[Added 5-11-2006 by Ord. No. 2006-6]
A. 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.
B. Permitted uses:
(3)
Outdoor recreation, including playing fields,
tennis and basketball courts, tracks and trails.
(5)
Churches and other places of worship.
(6)
Borough water and sewer facilities.
(7)
Government services and community buildings.
(10)
Accessory uses incidental to the uses above.
C. 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
|
D. Other applicable regulations.
(1)
Off-street parking shall be in accordance with §
285-73 of this chapter.
(2)
Buffers shall be provided in accordance with §
285-54 of this chapter.
(3)
Signs shall be permitted in accordance with §
285-82 of this chapter.
[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.
A. 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.
TELECOMMUNICATIONS ANTENNAE AND TOWERS
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.
B. Purpose. The purpose of this section is:
(1)
To provide for the use of telecommunications antennae and towers
(hereinafter referred to as "towers") while regulating their location
and number in the Borough.
(2)
To minimize the adverse visual impacts of towers and support
facilities through proper design, siting, height and landscaping/screening.
(3)
To avoid potential damage to adjacent properties and associated
traffic from tower failure and falling ice, through proper siting,
engineering design and continued maintenance.
(4)
To encourage the joint use, or collection, or any new towers
to reduce the number and scale of such structures in the future.
(5)
To minimize the impact on adjacent and nearby properties.
C. Use.
(1)
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.
(2)
Towers may be permitted as a conditional accessory use to any
use in the Highway Commercial (HC), Institutional (IN) and Industrial
(I) Zones.
(3)
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.
D. Condition use; requirements. Applicants for development of a tower
or tower facility must meet the following conditional use requirements:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
E. Site plan.
(1)
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.
(2)
An applicant for a tower must and approved by the Pinelands
Commission and comply with all requirements of the Pinelands Comprehensive
Management Plan, as well as obtain approval from any other governmental
agency having proper jurisdiction.