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Township of Chatham, NJ
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Chapter 30 Land Development
Chapter 30
Land Development
ATTACHMENTS
Attachment 1 - Appendix A Subdivision Cash Deposit Agreement
Attachment 2 - Appendix B Subdivision Improvement Performance Bond
Attachment 3 - Appendix C Subdivision Developer's Agreement
Attachment 4 - Appendix I Schedule of Zoning Requirements
Attachment 5 - Appendix II Checklist A
Attachment 6 - Appendix II Checklist B
Attachment 7 - Appendix III Zoning Map
Attachment 8 - Appendix III Flood Insurance Rate Map
Attachment 9 - Appendix III Floodway Map
Article I
Title, Purpose and Scope
§ 30-1
SHORT TITLE.
§ 30-2
PURPOSE.
§ 30-3
SCOPE.
§ 30-4
(RESERVED)
§ 30-5
(RESERVED)
Article II
Definitions
§ 30-6
DEFINITIONS.
Article III
Administration and General Procedures
§ 30-7
ADMINISTRATIVE PROCEDURES.
§ 30-8
CONFLICTS OF INTEREST.
§ 30-9
MEETINGS; MUNICIPAL AGENCY.
§ 30-9.1
Time and Place.
§ 30-9.2
Special Meetings.
§ 30-9.3
Quorum Required.
§ 30-9.4
Voting.
§ 30-9.5
Open Public Meetings Act.
§ 30-10
MINUTES.
§ 30-11
APPLICATIONS FOR DEVELOPMENT.
§ 30-11.1
Application Forms.
§ 30-11.2
Checklists to Accompany Applications for Development.
§ 30-11.3
Completeness of Application.
§ 30-11.4
Correction and Supplementation of Application.
§ 30-11.5
Fast Tracking.
§ 30-12
HEARINGS.
§ 30-12.1
When Required.
§ 30-12.2
Notice of Hearing on Application for Development or Adoption of Master Plan.
§ 30-12.3
Notice of Hearing on Development Regulation Ordinance; Notice of Action on Capital Improvement Program or Official Map.
§ 30-12.4
Filing of Ordinances.
§ 30-13
APPEALS TO THE GOVERNING BODY.
§ 30-13.1
Time of Appeal.
§ 30-13.2
Transcript.
§ 30-13.3
Notice.
§ 30-13.4
Time for Decision.
§ 30-13.5
Decision.
§ 30-13.6
Stay of Proceedings.
§ 30-13.7
Notice of Decision.
§ 30-13.8
Court Review.
§ 30-14
EXCLUSIVE AUTHORITY OF PLANNING BOARD AND BOARD OF ADJUSTMENT.
§ 30-15
TOLLING OF RUNNING OF PERIOD OF APPROVAL.
§ 30-16
CONDITIONAL APPROVALS.
§ 30-16.1
Removal of Legal Barriers.
§ 30-16.2
Approval by Other Government Agencies.
§ 30-17
FEES.
§ 30-17.1
Fees.
§ 30-17.2
Conditional Uses, Variances and Appeals.
§ 30-17.3
Temporary Uses.
§ 30-17.4
Copy of Decision.
§ 30-17.5
Cost of Publication.
§ 30-17.6
Inspection Fees and Costs.
§ 30-17.7
Additional Fees to Be Paid by Applicants and Appellants.
§ 30-17.8
Payment of Fees.
§ 30-17.9
Other Fees.
§ 30-17.10
Escrows; Interest on Escrows.
§ 30-18
through § 30-21. (RESERVED)
Article IV
Planning Board
§ 30-22
ESTABLISHMENT AND MEMBERSHIP.
§ 30-23
TERMS.
§ 30-23.1
Term of Member — Class I.
§ 30-23.2
Term of Members — Class II and Class III.
§ 30-23.3
Term of Member — Class IV.
§ 30-24
VACANCIES.
§ 30-25
ORGANIZATION.
§ 30-26
PLANNING BOARD ATTORNEY.
§ 30-27
EXPERTS AND STAFF.
§ 30-28
POWERS OF THE PLANNING BOARD.
§ 30-28.1
Preparation of Master Plan.
§ 30-28.2
Review Subdivisions and Site Plans.
§ 30-28.3
Granting of Application for Conditional Uses.
§ 30-28.4
Variance Approval.
§ 30-28.5
Separate Consecutive Applications.
§ 30-28.6
Other Duties and Functions.
§ 30-29
REFERRAL POWERS.
§ 30-29.1
Reports.
§ 30-29.2
Referral to the Planning Board.
§ 30-30
TIME PERIODS.
§ 30-31
SIMULTANEOUS REVIEW.
§ 30-32
VOTING FOLLOWING ABSENCE.
§ 30-33
CITIZENS ADVISORY COMMITTEE.
§ 30-34
REFERRAL TO ENVIRONMENTAL COMMISSION.
§ 30-34A
(RESERVED)
§ 30-35
REVIEW OF CAPITAL PROJECTS.
§ 30-36
PERIODIC REEXAMINATION OF MASTER PLAN AND DEVELOPMENT REGULATIONS.
§ 30-37
through § 30-39. (RESERVED)
Article V
Zoning Board Of Adjustment
§ 30-40
ESTABLISHMENT AND MEMBERSHIP.
§ 30-41
TERMS OF MEMBERS.
§ 30-42
VACANCIES.
§ 30-43
ORGANIZATION OF ZONING BOARD OF ADJUSTMENT.
§ 30-44
ZONING BOARD OF ADJUSTMENT ATTORNEY.
§ 30-45
EXPERTS AND STAFF.
§ 30-46
RULES AND REGULATIONS.
§ 30-47
POWERS OF THE ZONING BOARD OF ADJUSTMENT.
§ 30-47.1
Appeals.
§ 30-47.2
Special Requests.
§ 30-47.3
Granting of Variance — Undue Hardship.
§ 30-47.4
Special Reasons.
§ 30-47.5
Detriment to the Public Good.
§ 30-47.6
Issuance of Permit — Reserved Area.
§ 30-47.7
Issuance of Permit — Not Related to a Street.
§ 30-47.8
Granting of Variance for Special Reasons.
§ 30-47.9
Referral of Application.
§ 30-48
APPEALS AND APPLICATIONS.
§ 30-48.1
Filing Notice of Appeal.
§ 30-48.2
Applications.
§ 30-48.3
Stay of Proceedings.
§ 30-49
TIME FOR DECISION.
§ 30-50
VOTING FOLLOWING ABSENCE.
§ 30-51
REVERSAL OR MODIFICATION OF APPEAL.
§ 30-52
EXPIRATION OF VARIANCE.
§ 30-53
COUNTY, PLANNING BOARD REVIEW.
§ 30-54
REFERRAL TO OTHER AGENCIES.
§ 30-54A
REFERRAL TO TREE PROTECTION COMMITTEE.
§ 30-55
VOTE NECESSARY FOR DECISION.
§ 30-56
ANNUAL REPORTS ON VARIANCE REQUESTS.
§ 30-57
through § 30-59. (RESERVED)
Article VI
Subdivision and Site Plan Review
§ 30-60
FILING PROCEDURES.
§ 30-60.1
General.
§ 30-60.2
Concept Plan for Development.
§ 30-60.3
Board of Adjustment Review.
§ 30-60.4
Time of Filing.
§ 30-60.5
Application Content.
§ 30-60.6
County Planning Board.
§ 30-60.7
Sewerage Facilities.
§ 30-60.8
Water Supply Facilities.
§ 30-60.9
Incomplete Application.
§ 30-61
REVIEW PROCEDURES.
§ 30-61.1
General.
§ 30-61.2
Minor Subdivision.
§ 30-61.3
Preliminary Subdivision Plat and Preliminary Site Plan.
§ 30-61.4
Installation of Improvements; Developer's Agreement and Guarantees; Township Design Standards and Specifications.
§ 30-61.5
Final Plat and Final Site Plan.
§ 30-61.6
Optional Staged Preliminary Development Plan.
§ 30-61.7
Master Site Development Plan (MSDP) Applicable to the PCD Planned Commercial Development District.
§ 30-62
PLAT AND PLAN DETAILS.
§ 30-62.1
Minor Subdivision Plat.
§ 30-62.2
Preliminary Plat of a Major Subdivision.
§ 30-62.3
Final Plat of a Major Subdivision.
§ 30-62.4
Preliminary Site Plan.
§ 30-62.5
Final Site Plan.
§ 30-62.6
Master Development Plan for Multi-Family Housing Development.
§ 30-62.7
Submission Requirements Applicable to All Plats and Plans.
§ 30-63
ON-TRACT IMPROVEMENTS.
§ 30-63.1
On-Tract Installation for Subdivisions.
§ 30-63.2
On-Tract Installations for Site Plans.
§ 30-63.3
On-Site Installations for Site Plans.
§ 30-64
DESIGN STANDARDS.
§ 30-64.1
Subdivisions.
§ 30-64.2
Site Plans.
§ 30-64.3
Stormwater Control.
§ 30-64.3A
(RESERVED)
§ 30-65
CONDITIONS FOR PLANNED DEVELOPMENTS.
§ 30-65.1
Garages, Parking Areas and Internal Roadways.
§ 30-65.2
Common Open Spaces.
§ 30-66
STANDARDS FOR ESTABLISHMENT OF AN OPEN SPACE ORGANIZATION.
§ 30-66.1
Disposition of Open Space.
§ 30-66.2
Failure to Maintain Open Space.
§ 30-66.3
Cost of Maintenance.
§ 30-67
REQUIREMENTS FOR AN ENVIRONMENTAL IMPACT STATEMENT.
§ 30-67.1
Purpose.
§ 30-67.2
When Required.
§ 30-67.3
Filing Requirements.
§ 30-67.4
Contents.
§ 30-67.5
Environmental Impact Statement Details and Matters to Be Evaluated.
§ 30-68
EXCEPTIONS FROM REQUIREMENTS.
§ 30-69
SELLING BEFORE FINAL APPROVAL.
§ 30-70
through § 30-74. (RESERVED)
Article VII
Zoning Regulations
§ 30-75
ZONE DISTRICTS AND ENFORCEMENT.
§ 30-75.1
Zone Districts.
§ 30-75.2
Map and Schedule.
§ 30-75.3
Zone Boundaries.
§ 30-75.4
Enforcement.
§ 30-76
CP - COUNTY PARK DISTRICT.
§ 30-77
WA-WILDERNESS AREA DISTRICT.
§ 30-78
R-RESIDENCE DISTRICTS.
§ 30-78.1
Permitted Principal Uses.
§ 30-78.2
Permitted Accessory Uses.
§ 30-78.3
Conditional Uses.
§ 30-78.4
Required Conditions.
§ 30-78.5
Lot Size Exceptions.
§ 30-78.6
Requirements for Townhouses in the R-2A District.
§ 30-78.7
Requirements for Townhouses in the R-6A District.
§ 30-78.8
Special Provisions for Townhouses and Manor Houses in the R-6B District.
§ 30-78.9
Requirements for Apartments in the R-7 District.
§ 30-78.10
Private Membership Recreation Clubs and Facilities in the R-2B-1 and R-2B-2 Districts.
§ 30-78.11
Maximum Coverage in Residence Districts.
§ 30-78.12
Senior Housing in the R-5A District.
§ 30-78.13
Requirements for One-Family Dwellings and Multi-Family Dwellings in the R-6C District.
§ 30-79
A-H AFFORDABLE HOUSING DISTRICT.
§ 30-79.1
R-3 Affordable Housing Residence District (R-3) AH.
§ 30-79.2
(Reserved)
§ 30-79.3
(Reserved)
§ 30-79.4
(Reserved)
§ 30-80
B-1 BUSINESS CENTER DISTRICT AND B-2 NEIGHBORHOOD BUSINESS DISTRICT.
§ 30-80.1
Permitted Principal Uses.
§ 30-80.2
Permitted Accessory Uses.
§ 30-80.3
Conditional Uses.
§ 30-80.4
Required Conditions.
§ 30-81
PI-1 AND PI-2 PROFESSIONAL AND INSTITUTIONAL DISTRICTS.
§ 30-81.1
Permitted Principal Uses.
§ 30-81.2
Permitted Accessory Uses.
§ 30-81.3
Conditional Uses.
§ 30-81.4
Required Conditions.
§ 30-82
PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT.
§ 30-82.1
Permitted Principal Uses.
§ 30-82.2
Permitted Accessory Uses.
§ 30-82.3
Required Conditions.
§ 30-83
WATERSHED PROTECTION.
§ 30-83.1
Definitions.
§ 30-83.2
Protection of Great Swamp Watershed Overlay District.
§ 30-83.3
Protection of Upper Passaic River Watershed Overlay District.
§ 30-83.4
Aboveground Storage Tanks.
§ 30-84
Requirements for PI-AHO Professional and Institutional Affordable Housing Inclusionary Overlay Zone.
§ 30-85
ENVIRONMENTAL STEWARDSHIP OVERLAY ZONE.
§ 30-86
through § 30-95. (RESERVED)
§ 30-96
GENERAL PROVISIONS.
§ 30-96.1
Applicability of Regulations.
§ 30-96.2
Provisions Applicable to all Zones.
§ 30-96.3
Nature and Extent of Uses of Land.
§ 30-96.4
Nonconforming Uses.
§ 30-96.5
Certificates as to Nonconforming Uses.
§ 30-96.6
Use of Existing Vacant Lots for Single Family Dwelling.
§ 30-96.7
Improvements and Alterations to Certain Existing Dwellings.
§ 30-96.8
Subdivision of Land and/or Site Plan Approval.
§ 30-96.9
Prohibited Uses.
§ 30-96.10
Requirements to Be Met on Lot and Within Zone District.
§ 30-96.11
Required Area or Space.
§ 30-96.12
Principal Building.
§ 30-96.13
Accessory Structure.
§ 30-96.14
Yards.
§ 30-96.15
Walls and Fences.
§ 30-96.16
Height of Chimney, Steeple, Flagpole, Radio and Television Antennas.
§ 30-96.17
Outdoor Storage.
§ 30-96.18
Excavations.
§ 30-96.19
Garages, Carports and Driveways for One-Family Residences.
§ 30-96.20
Lot Grading Plans.
§ 30-96.21
Foundation Location and Elevation Survey for New Principal Structure.
§ 30-96.22
Outdoor Lighting.
§ 30-96.23
Maintenance of Building Exteriors.
§ 30-96.24
Steep Slope Protection.
§ 30-96.25
Vehicular Gates and Other Structures on Streets in Residential Districts.
§ 30-96.26
Grading.
§ 30-96.27
Width of Dwellings in the R-3 Zone.
§ 30-96.28
Conservation Easement Monuments.
§ 30-97
FLOOD HAZARD AND SANITARY LANDFILL AREAS.
§ 30-97.1
Flood Hazard Areas.
§ 30-97.2
Sanitary Landfill Area.
§ 30-98
SIGNS.
§ 30-98.1
General Sign Provisions.
§ 30-98.2
Signs Relating to Construction Work.
§ 30-98.3
Signs in the Residence and AH Districts.
§ 30-98.4
Signs in the B-1 and B-2 Districts.
§ 30-98.5
Signs in the PI-1 and PI-2 Districts.
§ 30-98.6
Signs in the PCD District.
§ 30-98.7
Computing Sign Area.
§ 30-99
CONDITIONAL USES.
§ 30-99.1
Public Utility Buildings and Facilities.
§ 30-99.2
Institutional Uses.
§ 30-99.3
Offices in Residences of Professional Persons Attending to Human Ailments.
§ 30-99.4
(Reserved)
§ 30-99.5
Nursing Homes.
§ 30-99.6
(Reserved)
§ 30-99.7
(Reserved)
§ 30-99.8
Assisted Living Residences.
§ 30-99.9
Cellular Towers.
§ 30-99.10
Market Gardens.
§ 30-100
TEMPORARY USES.
§ 30-101
through § 30-105. (RESERVED)
Article VIII
Other Ordinances Relating to Land Use and Development
§ 30-106
RELATED ORDINANCES.
§ 30-107
AMENDMENT OF CERTAIN ORDINANCES.
§ 30-108
REPEAL OF CONFLICTING PROVISIONS.
Article IX
Pending Applications; Violations and Penalties Separability; Effective Date
§ 30-109
PENDING APPLICATIONS.
§ 30-110
VIOLATIONS AND PENALTIES.
§ 30-111
through § 30-112. (RESERVED)
Article X
Flood Damage Prevention and Flood Hazard Area Regulations
§ 30-113.101
SCOPE AND ADMINISTRATION.
§ 30-113.101.1
Title.
§ 30-113.101.2
Scope.
§ 30-113.101.3
Purposes and Objectives.
§ 30-113.101.4
Coordination with Building Codes.
§ 30-113.101.5
Ordinary Building Maintenance and Minor Work.
§ 30-113.101.6
Warning.
§ 30-113.101.7
Other Laws.
§ 30-113.101.8
Violations and Penalties for Noncompliance.
§ 30-113.101.8.1
Solid Waste Disposal in a Flood Hazard Area.
§ 30-113.101.9
Abrogation and Greater Restrictions.
§ 30-113.102
APPLICABILITY.
§ 30-113.102.1
General.
§ 30-113.102.2
Establishment of Flood Hazard Areas.
§ 30-113.102.3
Establishing the Local Design Flood Elevation (LDFE).
§ 30-113.103
DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
§ 30-113.103.1
Floodplain Administrator Designation.
§ 30-113.103.2
General.
§ 30-113.103.3
Coordination.
§ 30-113.103.4
Duties.
§ 30-113.103.5
Use of Changed Technical Data.
§ 30-113.103.6
Other Permits.
§ 30-113.103.7
Determination of Local Design Flood Elevations.
§ 30-113.103.8
Requirement to Submit New Technical Data.
§ 30-113.103.9
Activities in Riverine Flood Hazard Areas.
§ 30-113.103.10
Floodway Encroachment.
§ 30-113.103.10.1
Floodway Revisions.
§ 30-113.103.11
Watercourse Alteration.
§ 30-113.103.11.1
Engineering Analysis.
§ 30-113.103.12
Alterations in Coastal Areas.
§ 30-113.103.13
Development in Riparian Zones.
§ 30-113.103.14
Substantial Improvement and Substantial Damage Determinations.
§ 30-113.103.15
Department Records.
§ 30-113.103.16
Liability.
§ 30-113.104
PERMITS.
§ 30-113.104.1
Permits Required.
§ 30-113.104.2
Application for Permit.
§ 30-113.104.3
Validity of Permit.
§ 30-113.104.4
Expiration.
§ 30-113.104.5
Suspension or Revocation.
§ 30-113.105
SITE PLANS AND CONSTRUCTION DOCUMENTS.
§ 30-113.105.1
Information for Development in Flood Hazard Areas.
§ 30-113.105.2
Information in Flood Hazard Areas Without Base Flood Elevations (Approximate Zone A).
§ 30-113.105.3
Analyses and Certifications by a Licensed Professional Engineer.
§ 30-113.105.4
Submission of Additional Data.
§ 30-113.106
INSPECTIONS.
§ 30-113.106.1
General.
§ 30-113.106.2
Inspections of Development.
§ 30-113.106.3
Buildings and Structures.
§ 30-113.106.4
Manufactured Homes.
§ 30-113.107
VARIANCES.
§ 30-113.107.1
General.
§ 30-113.107.2
Historic Structures.
§ 30-113.107.3
Functionally Dependent Uses.
§ 30-113.107.4
Restrictions in Floodways.
§ 30-113.107.5
Considerations.
§ 30-113.107.6
Conditions for Issuance.
§ 30-113.108
VIOLATIONS AND PENALTIES.
§ 30-113.108.1
Violations.
§ 30-113.108.2
Authority.
§ 30-113.108.3
Unlawful Continuance.
§ 30-113.108.4
Review Period to Correct Violations.
§ 30-113.201
DEFINITIONS.
§ 30-113.201.1
General.
§ 30-113.201.2
Definitions.
§ 30-113.301
SUBDIVISIONS AND OTHER DEVELOPMENTS.
§ 30-113.301.1
General.
§ 30-113.301.2
Subdivision Requirements.
§ 30-113.401
SITE IMPROVEMENT.
§ 30-113.401.1
Encroachment in Floodways.
§ 30-113.401.1.1
Prohibited in Floodways.
§ 30-113.401.2
Sewer Facilities.
§ 30-113.401.3
Water Facilities.
§ 30-113.401.4
Storm Drainage.
§ 30-113.401.5
Streets and Sidewalks.
§ 30-113.401.6
Limitations on Placement of Fill.
§ 30-113.401.7
Hazardous Materials.
§ 30-113.501
MANUFACTURED HOMES.
§ 30-113.501.1
General.
§ 30-113.501.2
Elevation.
§ 30-113.501.3
Foundations.
§ 30-113.501.4
Anchoring.
§ 30-113.501.5
Enclosures.
§ 30-113.501.6
Protection of Mechanical Equipment and Outside Appliances.
§ 30-113.601
RECREATIONAL VEHICLES.
§ 30-113.601.1
Placement Prohibited.
§ 30-113.601.2
Temporary Placement.
§ 30-113.601.3
Permanent Placement.
§ 30-113.701
TANKS.
§ 30-113.701.1
Tanks.
§ 30-113.801
OTHER DEVELOPMENT AND BUILDING WORK.
§ 30-113.801.1
General Requirements for Other Development and Building Work.
§ 30-113.801.2
Requirements for Habitable Buildings and Structures.
§ 30-113.801.3
Garages and Accessory Storage Structures.
§ 30-113.801.4
Fences.
§ 30-113.801.5
Retaining Walls, Sidewalks, and Driveways.
§ 30-113.801.6
Swimming Pools.
§ 30-113.801.7
Roads and Watercourse Crossings.
§ 30-113.901
TEMPORARY STRUCTURES AND TEMPORARY STORAGE.
§ 30-113.901.1
Temporary Structures.
§ 30-113.901.2
Temporary Storage.
§ 30-113.901.3
Floodway Encroachment.
§ 30-113.1001
UTILITY AND MISCELLANEOUS GROUP U.
§ 30-113.1001.1
Utility and Miscellaneous Group U.
§ 30-113.1001.2
Flood Loads.
§ 30-113.1001.3
Elevation.
§ 30-113.1001.4
Enclosures Below Base Flood Elevation.
§ 30-113.1001.5
Flood-Damage-Resistant Materials.
§ 30-113.1001.6
Protection of Mechanical, Plumbing, and Electrical Systems.
§ 30-114
through § 30-140. (RESERVED)
Article XI
(Reserved)
§ 30-141
(RESERVED)
§ 30-142
(RESERVED)
§ 30-143
(RESERVED)
§ 30-144
(RESERVED)
Article XII
Riparian Zones
§ 30-145
DEFINITIONS.
§ 30-146
INTENT.
§ 30-147
RIPARIAN ZONE PROTECTION.
§ 30-148
EXCEPTIONS.
§ 30-149
ADJUSTMENTS.