[Ord. No. 2-79 § 701.1; Ord. No. 8-91 § 1; Ord. No. 2-92 § 1; Ord.
No. 3-92 § 2; Ord. No.
99-007 § 6; Ord. No. 2017-16; amended 12-19-2019 by Ord. No. 2019-19; 7-9-2020 by Ord. No. 2020-11]
For the purpose of this chapter, the Township is hereby subdivided
into 23 zone districts known as:
CP County Park District
WA Wilderness Area District
R-1 Residence District
R-1A Residence District
R-2 Residence District
R-2A Residence District
R-2B-1 Residence District
R-2B-2 Residence District
R-3 Residence District
R-4 Residence District
R-5 Residence District
R-5A Residence District
R-6A Townhouse District
R-6B Townhouse District
R-6C Residence District
R-7 Apartment District
AH Affordable Housing District
B-1 Business Center District
B-2 Neighborhood Business District
PI-1 Professional Institutional District
PI-2 Professional Institutional District
PCD Planned Commercial District
R-3 Affordable Housing Residence District (R-3 AH)
Overlay Districts:
Great Swamp Watershed Overlay District
Upper Passaic River Watershed Overlay District
Professional and Institutional Affordable Housing
Inclusionary Overlay Zone
[Ord. No. 2-79 § 701.2; Ord. No. 16-81 § 14; Ord. No. 26-86 §§ 2, 4; Ord. No. 8-91 § 2; Ord. No. 20-91 § 1; Ord.
No. 2-92 § 2; Ord. No.
3-92 § 3; Ord. No. 5-93 § 1; Ord. No. 99-007 § 7; Ord. No. 99-008 § 1; Ord. No. 99-039 § 1; Ord. No. 2000-022 § 1; Ord. No. 2004-008 §§ 1, 2; Ord. No. 2006-14 § 1; Ord. No. 2016-19; Ord. No. 2017-11; Ord. No. 2017-16; 5-28-2020 by Ord. No. 2020-04; 7-9-2020 by Ord. No. 2020-11; 10-8-2020 by Ord. No. 2020-17]
The "Official Zoning Map, Township of Chatham, Morris County, New Jersey", dated March, 1999, is hereby replaced by the "Official Zoning Map, Township of Chatham, Morris County, New Jersey", dated March, 1999, revised as of November, 2017, and is hereby adopted and replaces "Appendix III Item 1: Zoning Map" to the "Appendix to Land Development", with the "Schedule of Zoning Requirements" remaining as shown in Appendix I included as an attachment to this chapter.[1]
Ord. No. 2016-19 revised amended the zoning districts as adopted
on the zoning map dated March, 1999, revised October, 2016:
|
Change the zoning district classification on the
official zoning map from the R-3 Residence District to R-4 Residence
District for the following properties:
|
|
Block 54, Lot 10
|
|
Block 54, Lot 11.01
|
|
Block 54, Lot 11.02
|
|
Block 54, Lot 12
|
|
Block 54, Lot 13
|
|
Block 54, Lot 14
|
|
Block 54, Lot 15.
|
Ordinance No. 2017-11 revised and amended the zoning map.
|
Change the zoning district classification on the
official Zoning Map to the R-2 Residence District for the following
property.
|
|
Block 144, Lot 33
|
Ordinance No. 2017-16 amended the Zoning Map as follows:
|
Change the zoning district classification on the
official Zoning Map to the R-6C Residence District for the following
property:
|
|
Block 66, Lot 1
|
Ordinance No. 2018-22 adopted a Redevelopment Plan for a 3.8
acre portion of Block 48.16, Lot 117.27 as shown on the Township Tax
Map and which may be found on file in the Township Office.
Ordinance No. 2019-19: include the following: one new overlay
zone designation, PI-AHO Professional and Institutional Affordable
Housing Inclusionary Overlay Zone as indicated on the "Official Zoning
Map, Township of Chatham, Morris County, New Jersey," dated March,
1999, which is hereby replaced by the "Official Zoning Map, Township
of Chatham, Morris County, New Jersey," dated March, 1999, revised
as of October, 2019, and listed below:
|
Block 128, Lot 9
|
Ordinance No. 2020-04 amended the Redevelopment Plan adopted
by Ord. No. 2018-22.
Ordinance No. 2020-11 amended the Zoning Map to include Block
67, Lots 17 and 17.01, within a new zone titled "R-3 Affordable Housing
Residence District (R-3 AH)."
Ordinance No. 2020-17 adopted a Redevelopment Plan for 522 Southern
Boulevard, Block 128, Lot 2.
[1]
Editor's Note: The official Zoning Map of the Township of Chatham is in the Municipal Building. Reprints of the Zoning Map may be found in Appendix III, Item 1 included as an attachment to this chapter. For the Schedule of Requirements see Appendix I of Chapter 30, Land Development included as an attachment to this chapter.
[Ord. No. 2-79 § 701.3]
The zone boundary lines shown on the Zoning Map are intended
to coincide with property lines or the centerlines of streets or easements
as they existed at the time of adoption of this chapter, or they are
designated on the Zoning Map by figures and dimensions. In case of
uncertainty as to the location of any zone boundary line, the determination
thereof shall be made by the Board of Adjustment.
[Ord. No. 2-79 § 701.4; Ord. No. 9-79 § 15; Ord. No. 8-86 § 15]
a.
Zoning Officer. Except as otherwise specifically provided, this chapter
shall be enforced by an official appointed by the Township Committee
who shall be known as the Zoning Officer of the Township.
b.
Zoning Permits. Construction/zoning permits and occupancy/zoning
permits shall be issued by the Zoning Officer and shall be subject
to the following regulations:
1.
In no case shall a construction permit be issued for the erection
or structural alteration of any building or structure nor shall a
certificate of occupancy be issued for any structure or use unless
a construction/zoning permit or an occupancy/zoning permit, as the
case may be, has been issued.
2.
No construction/zoning permit shall be issued for the erection, construction,
reconstruction, structural alteration or moving of any building or
structure or part thereof unless the Zoning Officer finds that the
plans and intended use conform in all respects to the provisions of
this chapter and that all approvals required by the provisions of
this chapter have been granted.
3.
Whenever a construction permit is issued, a copy of the construction/zoning
permit authorizing the issuance of the construction permit shall be
attached thereto for delivery to the person receiving the construction
permit.
4.
The Zoning Officer may revoke any construction/zoning permit if he
finds that actual conditions or construction do not adhere to the
plans, specifications, terms, conditions or approvals upon which the
construction permit was issued or if he finds any violation of any
applicable municipal or State regulation.
The Zoning Officer shall give notice of the revocation of a
construction/zoning permit by delivering a written notice thereof
to the owner, occupant or any person engaged in the performance of
work on the subject property. A copy of such written notice shall
also be delivered to the Construction Official and Building Subcode
Official.
Once notice of the revocation of a construction/zoning permit
has been given by the Zoning Officer as herein provided, no person
shall perform any work upon the subject property, except such work
as is necessary to correct any deviation or violation giving rise
to the revocation of the construction/zoning permit, until such permit
shall have been reinstated by the Zoning Officer when he is satisfied
that any deviation or violation has been corrected.
5.
No occupancy/zoning permit shall be issued unless the Zoning Officer
finds that the subject property conforms to the provisions of this
chapter and any terms, conditions and approvals upon which the construction
permit was issued. No occupancy/zoning permit shall be issued if the
Zoning Officer is aware of any violation of any municipal or State
regulation on the subject property.
Every occupancy/zoning permit shall state the permitted and
intended use of land, building or structure and any conditions imposed
by any public agency, code or regulation by specifying such conditions
or referring to a public document setting forth such conditions.
Any change in use or any additional use will be treated as a
new use and a new occupancy/zoning permit shall be required. A change
in the occupancy of a non-residential building or any portion thereof
shall constitute a new use. Prior to the issuance of a new occupancy/zoning
permit for a new use, change in use or additional use, all provisions
of this chapter shall be complied with as though the new use were
a new structure or a new use of land.
6.
Whenever a certificate of occupancy is issued, a copy of the occupancy/zoning
permit authorizing the issuance of the certificate of occupancy shall
be attached thereto for delivery to the person receiving the certificate
of occupancy.
7.
Copies of all construction/zoning permits and all occupancy/zoning
permits shall be kept on file in the office of the Zoning Officer.
c.
Enforcement Proceedings. It shall be the duty of the Zoning Officer
to investigate any violations of this chapter coming to his attention
whether by complaint or arising from his own observation. Whenever
a violation is found to exist, the Zoning Officer shall take appropriate
action to enforce the provisions of this chapter.
[Ord. No. 2-79 § 701.5]
This district consists of park lands of the Morris County Park
Commission.
[Ord. No. 2-79 § 701.6]
This district consists of lands of the United States of America
designated as a part of "The Great Swamp National Wildlife Refuge
Wilderness Area" by Public Law 90-532, 82 Stat. 883 (1968).
[Ord. No. 2-79 § 702.1; Ord. No. 9-81 §§ 4, 5; Ord. No. 10-85 § 6; Ord. No. 8-91 § 3; Ord.
No. 99-007 § 8; Ord. No.
2017-15 § 1]
[Ord. No. 2-79 § 702.2; Ord. No. 97-037 § 1]
a.
Accessory uses customarily incident to the above uses subject to the provisions of Subsection 30-96.13 and provided they do not include any activity conducted for gain.
b.
Private swimming pools, as accessory uses, constructed and maintained
in accordance with the provisions of "An Ordinance of the Township
of Chatham Establishing Rules, Regulations and Standards Governing
Private Swimming Pools Within the Township of Chatham, Morris County,
New Jersey," adopted July 3, 1957, as amended, and other applicable
provisions of law.
c.
The keeping of horses, ponies or other farm animals or fowl for use
by the occupants of the premises and not for profit provided, however,
that none of the foregoing shall be kept on any property which is
less than five acres in area and further provided that no structure
or enclosure for any of the foregoing shall be closer than 100 feet
to any adjacent property line or street right-of-way.
f.
Home based businesses.
[Ord. No. 2-79 § 702.3; Ord. No. 9-79 § 16; Ord. No. 11-81 § 4; Ord.
No. 20-81 § 5; Ord. No.
28-85 § 6; Ord. No. 99-007 § 9; Ord. No. 2012-05 § 1; Ord. No. 2012-10; Ord. No. 2012-13]
The following conditional uses as regulated in § 30-99 are permitted:
[Ord. No. 2-79 § 702.4]
Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in Subsection 30-75.2 shall be complied with.
[Ord. No. 2-79 § 702.5; Ord. No. 16-81 §§ 1, 2; Ord. No. 8-91 § 4; Ord. No. 99-007 § 10]
a.
Residential cluster development, if approved by the Planning Board pursuant to Subsection 30-64. If, is permitted in the R-1, R-2B-1 and R-2B-2 Districts only.
[Ord. No. 2-79 § 702.7; Ord. No. 9-81 §§ 17, 18; Ord. No. 16-81 § 4; Ord. No. 8-91 § 6; Ord.
No. 99-007 § 11]
a.
Area and Density Requirements.
1.
Minimum Area. Each townhouse development shall have a minimum area
of 25 acres. Public or private roads, easements or rights-of-way shall
not be deemed to divide acreage of a townhouse development.
2.
Maximum Density. There shall be no more than three dwelling units
per acre.
3.
Maximum Coverage. The total ground floor area of all buildings shall
not exceed 15% of the lot area of the townhouse development. The total
area of all impervious surfaces shall not exceed 30% of the lot area
of the townhouse development.
b.
Setback Requirements.
1.
No principal building shall be located within 75 feet of a public
street or townhouse development property line nor within 25 feet of
any internal roadway.
2.
No dwelling structure shall have more than two continuous attached
dwelling units with the same front building line, and variations in
the building line shall be at least four feet.
c.
Distance Between Buildings. Minimum distances as specified below
shall be maintained between principal buildings according to the length
of building wall overlap.
|
Positions of Building Walls
|
Minimum Distance Between Buildings at Any Point
|
Minimum Average Distance Between Buildings*
|
|---|---|---|
|
Front facing front
|
50'
|
50' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Front facing rear
|
50'
|
50' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Front facing side
|
50'
|
50' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Rear facing rear
|
50'
|
50' plus 1/4' per foot of building wall overlap in excess of
30'
|
|
Rear facing side
|
30'
|
30' plus 3/4' per foot of building wall overlap in excess of
30'
|
|
Side facing side
|
30'
|
30' plus 3/4' per foot of building wall overlap in excess of
30'
|
|
* Required additional distance shall be reduced by 50% when
a one-story building faces a 2 story building. No additional distance
shall be required when a one-story building faces a one-story building.
| ||
e.
Dwelling Unit Requirements.
1.
Each dwelling unit shall contain as a minimum a separate living room,
a separate bedroom, a separate bath, a room for storage and utilities,
and a kitchen, which kitchen facility shall be located separate and
apart from other rooms in the unit with the exception of the dining
room.
2.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area, as "floor area" is defined in Article 2 of this chapter, in
accordance with the following schedule:
|
Number of Bedrooms
|
Minimum Required Floor Area Per Dwelling Unit
(in square feet)
|
|---|---|
|
1
|
900
|
|
2
|
1,150
|
|
For each additional
|
200 additional
|
3.
No room within the dwelling unit intended for human habitation shall
be located in a basement or attic except that a basement may contain
a family room or recreation room.
4.
Each townhouse shall have at least two private outside entrances.
5.
Each townhouse shall contain its own heating plant and system and
shall constitute a separate, independent unit for metering and all
other purposes with respect to all required utilities and similar
conveniences. No central or common laundry or similar facilities intended
for two or more townhouses shall be permitted.
6.
Each townhouse shall have at least one individual private yard area,
open patio or court adjoining the unit and having a width of at least
15 feet and an area of at least 150 square feet. Each private yard
area, patio, court or deck shall be effectively screened in order
to provide a reasonable degree of privacy.
7.
In addition to the above requirements, a storage space with separate
access and containing a minimum of 80 square feet of floor area shall
be provided for each dwelling unit in the basement of the building
in which the unit is located or in the garage serving the unit. Storage
space located in a garage shall not encroach upon or be located above
a minimum area of 10 feet by 10 feet by 20 feet for the parking of
a motor vehicle.
f.
Accessory Buildings.
1.
Setbacks. Accessory buildings shall meet the street, property line
and internal roadway setbacks of the principal buildings and shall
be at least 25 feet from a principal building and 15 feet from another
accessory building. Detached garages shall be at least 15 feet from
a principal building or from any other garage or accessory building,
provided that for each foot of building wall overlap in excess of
30 feet the minimum average distance between buildings shall be increased
by one foot. Clubhouses, swimming pools and recreation facilities
shall be at least 100 feet from a property line.
2.
Height. The maximum height of an accessory building shall be 15 feet
except for clubhouses which shall not exceed 28 feet in height.
3.
Design. Architectural design and materials used in the construction
of accessory buildings shall conform to or complement those used in
the construction of principal buildings.
g.
Off-Street Parking and Internal Roadways. Off-street parking and internal roadways shall conform to the provisions of Subsection 30-64.2, and, in addition, the following requirements shall be met:
1.
All off-street parking areas and internal roadways shall be paved,
bounded by permanent curbing and constructed in accordance with Township
of Chatham road specifications; provided, however, that, upon recommendation
of the Township Engineer, the requirement of curbing may be waived
or modified when found not to be needed for control of storm water,
protection of pavement and similar purposes.
2.
Parking areas shall be located at least 10 feet from a building and
25 feet from a development property line.
3.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, internal roadways shall be at least 24 feet in width for
two-way traffic and 12 feet in width for one-way traffic and shall
not enter a street within 50 feet of an existing intersection. Drives
leading from internal roadways to parking areas shall be at least
20 feet in width. Parking on internal roadways and drives shall be
prohibited.
4.
The arrangement and location of garages, parking areas and internal
roadways shall be subject to approval of the Planning Board and shall
be designed to insure maximum safety, proper circulation and maximum
convenience for residents and their guests.
h.
Landscaping and Open Space.
1.
There shall be provided a minimum of 40% of the entire tract for
common open space. Said open space shall not contain any impervious
surfaces, detention facilities or other structural or infrastructure
improvements.
2.
The common open space, where improved, shall be attractively landscaped
with grass lawns, trees and shrubs. Provision shall be made for the
preservation of existing trees and natural features including those
in designated critical areas. All proposed landscaping, including
existing and new trees, shrubs and natural screening shall be shown
on the site plan submitted to the Planning Board for approval.
3.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, sidewalks or walkways constructed in accordance with the
Township specifications shall be provided in such locations and of
such widths as required and approved by the Planning Board to insure
safe and convenient pedestrian traffic.
4.
Effective screening by a fence or wall no less than five feet nor
more than seven feet in height shall be provided to shield parking
areas and other common facilities from view of adjoining residential
properties, provided, however, screening by hedge or other natural
landscaping may be substituted for the required fence or wall if approved
by the Planning Board as part of the site plan.
5.
Lighting. Adequate artificial lighting shall be provided in parking
areas and along sidewalks, walkways and internal roadways. The source
of lighting shall be directed downward, away from buildings and adjoining
streets and property lines. Lighting fixtures shall be so arranged
that the direct source of light is not visible from any adjacent residential
property.
i.
Utilities.
1.
Adequate provision shall be made for storm water drainage, water
supply and sewage treatment and disposal.
2.
All telephone, electric and CATV service, including outdoor lighting
on the property, shall be by underground conduit.
3.
Fire Hydrants. Fire hydrants shall be installed at locations specified
by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the townhouse dwelling units. All such hydrants shall conform
to the standards of the National Board of Fire Underwriters or Township
requirements, whichever is more restrictive.
4.
Solid Waste, Including Recyclable Materials. Suitable provision shall
be made for the orderly deposit and pick-up of solid waste, including
recyclable materials. The locations and numbers of all facilities
for such purposes shall be subject to approval by the Planning Board
and shall meet all regulations of the Township Board of Health and
applicable provisions of the Township Recycling Ordinance as well
as the following:
(a)
Each receptacle shall be located in a completely enclosed building.
(b)
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
(c)
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
j.
Roads on Master Plan. If a proposed road shown on the Township Master
Plan is located on any property intended to be used for a townhouse
development, the Planning Board may require that provision shall be
made for the dedication and improvement of that portion of said road
located within the property in question in accordance with Township
road specifications. The area within the right-of-way of any such
road may be included in the gross acreage of the property for the
purpose of determining maximum density.
[Ord. No. 2-79 § 702.8; Ord. No. 9-81 § 19; Ord. No. 9-81 § 20-21; Ord. No. 16-81 § 5; Ord.
No. 8-82 § 9; Ord. No.
99-07 § 13]
a.
Area and Density Requirements.
1.
Minimum Area. Each townhouse developer shall have a minimum area
of 50 acres. Public or private roads, easements or rights-of-way shall
not be deemed to divide acreage of a townhouse development.
2.
Maximum Density. The density shall not exceed that already approved
and developed for the zone or more than a total of 307 dwelling units.
3.
Maximum Coverage. The total ground floor area of all buildings shall
not exceed 15% of the lot area of the townhouse development. The total
area of all impervious surfaces, including buildings, shall not exceed
30% of the lot area of the townhouse development.
b.
Setback Requirements.
1.
No principal building shall be located within 100 feet of a public
street or townhouse development property line nor within 35 feet of
any internal roadway, except that the garage door wall portion of
the building may be located not less than 25 feet from an internal
roadway.
2.
No dwelling structure shall have more than two continuous attached
dwelling units with the same front building line, and variations in
the building line shall be at least four feet.
c.
Distance Between Buildings. Minimum distance shall be maintained between principal buildings according to the length of the building wall overlap as provided in Subsection 30-78.6c.
d.
Building Requirements.
1.
All buildings shall contain townhouses only, except that in a development
containing at least 100 acres and at least 600 dwelling units, not
less than 50% of the buildings shall contain townhouses only and not
less than 40% of the total number of dwelling units shall be townhouses.
The balance may be composed of manor houses containing manor units.
2.
Height. No townhouse dwelling structure shall exceed a height of
2 1/2 stories or 35 feet, whichever is the lesser. No manor house
shall exceed a height of 35 feet nor 2 1/2 stories at the front
of the building and 3 1/2 stories at the rear of the building.
3.
Units Per Building. Townhouses shall contain no less than two nor
more than eight dwelling units. Manor houses and manor units shall
meet the following requirements:
e.
Dwelling Unit Requirements.
1.
Each dwelling unit shall contain as a minimum a separate living room,
a separate bedroom, a separate bath, a room for storage and utilities,
and a kitchen, which kitchen facility shall be located separate and
apart from other rooms in the unit with the exception of the dining
room.
2.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area, as "floor area" is defined in Article 2 of this chapter, in
accordance with the following schedule:
|
Number of Bedrooms
|
Minimum Required Floor Area Per Dwelling Unit
(in square feet)
|
|---|---|
|
1
|
900
|
|
2
|
1,150
|
|
For each additional
|
200 additional
|
3.
No room within the dwelling unit intended for human habitation shall
be located in a basement or attic except that a basement may contain
a family room or recreation room, provided, however, that manor houses
may contain manor units in a basement level if the entire floor of
any such manor unit is located above the adjoining grade and further
provided that each manor unit has its own private outside entrance
at the floor level or that a common outside entrance at that floor
level is provided for each two manor units.
4.
Each townhouse shall have at least two private outside entrances.
Not more than eight manor units nor more than four manor units per
floor shall be served by a common entry.
5.
Each townhouse shall contain its own heating plant and system and
shall constitute a separate, independent unit for metering and all
other purposes with respect to all required utilities and similar
conveniences. No central or common laundry or similar facilities intended
for two or more townhouses or manor units shall be permitted.
6.
Each townhouse shall have at least one individual private yard area,
open patio or court adjoining the unit and having a width of at least
15 feet and an area of at least 150 square feet. Each manor unit shall
have at least one individual private yard area, patio, court or deck
adjoining the unit and having a width of at least 12 feet and an area
of at least 75 square feet. Each private yard area, patio, court or
deck shall be effectively screened in order to provide a reasonable
degree of privacy.
7.
In addition to the above requirements, a storage space with separate
access and containing a minimum of 80 square feet of floor area shall
be provided for each dwelling unit in the basement of the building
in which the unit is located or in the garage serving the unit or
in another accessory building. Storage space located in a garage shall
not encroach upon or be located above a minimum area of 10 feet by
20 feet for the parking of a motor vehicle.
[Ord. No. 2-79 § 702.9; Ord. No. 9-81 § 22; Ord. No. 16-81 § 6; Ord.
No. 8-82 §§ 10 - 11; Ord. No. 99-007 § 13]
a.
Permitted Principal Uses. Properties in the R-6B District may be
developed for townhouses, manor houses or a combination of townhouses
and manor houses.
b.
Area and Density Requirements.
1.
Minimum Area. Each development shall have a minimum area of 50 acres.
Public or private roads, easements or rights-of-way shall not be deemed
to divide acreage of a development.
2.
Maximum Density. The density shall not exceed that already approved
and developed for the zone or more than a total of 593 dwelling units.
c.
Affordable Units. At least 12.65% of the total number of dwelling
units, but not less than 75 dwelling units, shall be made affordable
to and sold or rented to low and moderate income households and at
least 50% of those affordable units shall be made available to and
sold or rented only to low income households.
1.
For purposes of this Subsection c., a low income household is one having a total income which is not more than 50% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance payment Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentage may be amended from time to time as provided in Subsection o.
2.
For purposes of this Subsection c., a moderate income household is one having a total income which is not less than 50% nor more than 80% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purposes of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentages may be amended from time to time as provided in Subsection o.
3.
Prior to the rental or sale of any unit affordable to a low income household or a moderate income household, as the case may be, upon application by the developer the Planning Board, or designated regulatory agency, shall determine and establish the maximum rental or sales price for the particular unit in accordance with Subsection h2 below.
d.
Maximum Coverage. The total ground floor area of all buildings shall
not exceed 15% of the lot area of the development. The total area
of all impervious surfaces shall not exceed 30% of the lot area of
the development.
e.
Setback Requirements.
1.
No principal building shall be located within 100 feet of a public
street or exterior property line of the development nor within 25
feet of any internal roadway.
2.
No townhouse structure shall have more than four continuous attached
dwelling units with the same front building line, and variations in
the building line shall be at least four feet.
f.
Distance Between Buildings. Minimum distances as specified below
shall be maintained between principal buildings according to the length
of building wall overlap.
|
Positions of Building Walls
|
Minimum Distance Between Buildings at Any Point
|
Minimum Average Distance Between Buildings*
|
|---|---|---|
|
Front facing front
|
40'
|
40' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Front facing rear
|
40'
|
40' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Front facing side
|
40'
|
40' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Rear facing rear
|
40'
|
40' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Rear facing side
|
20'
|
20' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
Side facing side
|
20'
|
20' plus 1/2' per foot of building wall overlap in excess of
30'
|
|
* Required additional distance shall be reduced by 50% when
a 1 story building faces a two story building. No additional distance
shall be required when a 1 story building faces a 1 story building.
| ||
g.
Building Requirements.
1.
Buildings may contain either townhouse units, manor house units or
both.
2.
Height. No townhouse dwelling structure shall exceed a height of
2 1/2 stories or 35 feet, whichever is the lesser. No manor house
shall exceed a height of 35 feet nor 2 1/2 stories at the front
of the building and 3 1/2 stories at the rear of the building.
3.
Units Per Building. Townhouse buildings shall contain no less than
two nor more than eight dwelling units. Manor houses and manor units
shall meet the following requirements:
h.
Dwelling Unit Requirements.
1.
Except for low and moderate income housing units, each dwelling unit
shall contain as a minimum a separate living room, a separate bedroom,
a separate bath, and a kitchen, which kitchen facility shall be located
separate and apart from other rooms in the unit with the exception
of the dining room. Low and moderate income housing units shall meet
these same requirements, provided, however, that not more than 25%
of said units may be efficiency units wherein the living room and
bedroom combined and wherein kitchen facilities need not be separated
from the combined living room/bedroom. In addition, the following
mix of low and moderate income unit types shall be provided:
One bedroom or efficiency units - Maximum of 50%.
Three or more bedroom units - Minimum of 10%.
The unit type mix among low income and moderate income units
shall be substantially the same.
2.
For purposes of assuring affordability of housing units to low and
moderate income households of varying sizes, it shall be assumed that
housing units of different sizes will be occupied by households of
different sizes as follows:
|
0 bedroom
|
1 person
|
|
1 bedroom
|
2 persons
|
|
2 bedrooms
|
3 persons
|
|
3 bedrooms
|
5 persons
|
(a)
In the case of low and moderate income units offered for sale,
each unit shall be affordable to a household earning no more than
90% of the ceiling income for that household, by household size and
income category, spending not more than 28% of its gross household
income for the sum of the following:
(1)
Principal and interest on a mortgage, based on a 10% down payment
and realistically available mortgage interest rates;
(2)
Property taxes as currently levied in Chatham Township;
(3)
Insurance; and
(4)
Homeowner's association fees, if any.
The proposed prices of low and moderate income units to be offered
for sale, and the calculations by which those prices have been determined,
shall be submitted for approval by the applicant as a part of the
application for preliminary site plan approval.
(b)
In the case of low and moderate income units offered for rent,
they shall be rented for no more than 30% of the gross household income
of the low and moderate income household based upon 90% of the ceiling
income for that household, said rental to be inclusive of all services
and maintenance including utilities. In the event that any other charges
are paid directly by the tenant, the maximum rental of 30% shall represent
the sum of the contract rent and all such other charges. Rents shall
be set individually for each tenant on the basis of individually verified
household income.
3.
No room within a dwelling unit intended for human habitation shall
be located in a basement or attic except that a basement may contain
a family room or recreation room, provided, however, that manor houses
may contain manor units in a basement level if at least 70% of the
volume of any such manor unit is located above the adjoining grade
and further provided that each manor unit has its own private outside
entrance at that floor level or that a common outside entrance at
that floor level is provided for each two manor units.
4.
Each townhouse shall have at least two private outside entrances.
Not more than 12 manor units nor more than six manor units per floor
shall be served by a common entry.
5.
Each townhouse shall contain its own heating plant and system and
shall constitute a separate, independent unit for metering and all
other purposes with respect to all required utilities and similar
conveniences. No central or common laundry or similar facilities intended
for two or more townhouses or manor units shall be permitted.
6.
Each townhouse, other than a low and moderate income townhouse, shall
have at least one individual private yard area, open patio or court
adjoining the unit and having a width of at least 15 feet and an area
of at least 150 square feet. Each manor unit, other than a low and
moderate income manor unit, shall have at least one individual private
yard area, open patio, court or deck adjoining the unit and having
an area of at least 72 square feet. Each private yard area, open patio,
court or deck shall be effectively screened in order to provide a
reasonable degree of privacy.
7.
Buildings containing low and moderate income housing units shall
be aesthetically congruous with the surrounding area as approved by
the Planning Board with the exteriors harmonizing architecturally
with and being constructed of materials of a like character to those
used for other buildings in the development. All buildings shall be
constructed in accordance with the State Uniform Construction Code
and shall comply with other applicable State and municipal requirements.
8.
In addition to the above requirements, a storage space with separate
access containing a minimum of 70 square feet of floor area and a
minimum volume of 500 cubic feet shall be provided for each dwelling
unit in a basement of the building in which the unit is located, in
a garage serving the unit, attached to the unit, or in another accessory
building. Storage space located in a garage shall not encroach upon
or be located above a minimum area of 10 feet by 20 feet for the parking
of a motor vehicle. For dwelling units intended for low and moderate
income persons, the storage space need not exceed 40 square feet of
floor area nor 300 cubic feet of volume.
i.
Other Requirements. All requirements of Subsections 30-78.6 f, g, h, i and j shall be complied with, except that, unless otherwise provided in the New Jersey Residential Site Improvements Requirements, minimum requirements for off-street parking spaces shall be as follows for low and moderate income housing units:
|
1 bedroom or efficiency unit
|
1.75 parking spaces
|
|
2 bedroom unit
|
2.0 parking spaces
|
|
3 or more bedroom unit
|
2.5 parking spaces
|
Only 50% of the foregoing required number of off-street
parking spaces for low and moderate income housing units may be in
a garage or carport.
j.
Phasing of Low and Moderate Income Housing Units. A developer shall
submit to the Planning Board as part of a preliminary development
application and a master development plan, if there be one, a phasing
schedule covering the entire R-6B District for the construction of
low and moderate income housing units. The developer may construct
the first 10% of the total market rate units in the development without
constructing any low or moderate income units. By the time that 20%
of such units in the development are constructed, at least 40% of
the low and moderate income housing units shall be constructed and
occupied. By the time that 50% of the market rate units in the development
are constructed, at least 100% of the low and moderate income housing
units shall be constructed and occupied. No certificate of occupancy
shall be issued for market rate units until all low and moderate income
housing units in the previous phase have been completed and issued
certificates of occupancy. In addition, construction of all low and
moderate income housing units shall have been completed prior to the
issuance of building permits for more than 259 market rate units.
k.
Eligibility. Sale or rental of low and moderate income dwelling units
shall be on the basis of income and residency of applying eligible
households.
1.
Upon the initial sale or rental of low and moderate income housing
units, preference shall be given to qualifying households which include
persons residing within the Township or employed within the Township.
2.
Where the number of applicants exceed the number of low and moderate income units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available units shall be consistent with the proportion of income categories as provided in Subsection 30-78.8d. Notwithstanding anything to the contrary contained herein, indigenous low or moderate income household applicants within the respective low and moderate income categories shall be given preference at all times over non-indigenous low or moderate income household applicants within the same category.
3.
All applicants for the purchase or rental of low and moderate income
units shall meet the income qualifications established in this section
at the time the application is filed and shall be qualified at the
time of taking title or occupancy.
4.
In a multi-family development under management of a single landlord, all tenants of rented low and moderate income units shall be required to give proof of continued income qualifications the first and each subsequent anniversary date of taking occupancy. A tenant shall cease to remain qualified if total household income exceeds 125% of the moderate income limit. Any tenant household not remaining so qualified on the first or subsequent anniversary date of taking occupancy shall be required to vacate the rented unit upon nine months' written notice if there is a qualified applicant available for such unit; provided, however, that a household that ceases to meet the qualifications as a low income household, but does meet the qualifications as a moderate income household, may continue to occupy the unit, and the next unit to become available which is owned by the same owner as the unit changing from low to moderate income occupancy shall be rented to a low income household. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this chapter shall cease to apply and until the subject unit is vacated the owner shall be entitled to an increase in rent, provided that the increase does not exceed 30% of the amount by which the tenant's income exceeds the current maximum income limitation for a moderate income household. In the implementation of this Subsection k4, income limitations shall be as adjusted for household size.
l.
Any developer submitting an application for development which includes
low and moderate income units shall submit a plan for resale or rental
controls to insure that the low and moderate income units remain affordable
to low and moderate income households for at least 30 years. Such
plan shall contain all of those provisions set forth in this subsection,
as well as conform to any regulations or guidelines adopted by the
Township or any governmental agency or nonprofit entity delegated
this authority by the Township.
1.
Any plan for controlling the resale of low and moderate income units
shall permit the owner of such units, upon resale, to sell that unit
for:
(a)
The original sales price plus the original sales price multiplied
by 75% of the percentage increase in the Consumer Price Index between
the date of initial purchase and the date of resale;
(b)
Reimbursement for documented monetary outlays made for reasonable
property improvements; and
(c)
Reasonable costs incurred in selling the unit.
2.
Any such plan shall provide that the low income units upon resale
may be sold only to low income households, and the moderate income
units to either low or moderate income purchasers; provided, however,
that the administering agency may establish reasonable provisions
for waiver of this condition on a case by case basis in the event
it finds that a particular unit may not feasibly be sold subject to
this condition. In the event that the administering agency grants
such a waiver, it may provide that the unit be sold at the formula
price, and that the resale controls remain in effect for any subsequent
sales of the unit.
3.
The Township may administer these controls directly, or may enter
into an agreement with a nonprofit corporation or other governmental
entity, or may permit the developer to administer these controls,
either directly or through a nonprofit entity established by the developer,
but in no event may the Township require the developer to administer
these controls as a condition of approval, nor may the resale controls
be administered merely by the existence of a deed restriction on the
property.
4.
Resale controls shall be embodied in a deed restriction on the property
that shall be submitted by the developer at the time of preliminary
site plan approval, and shall be subject to approval by the Township
Attorney and the administering agency. All deed restrictions shall
be consistent with all of the provisions of this section, and with
any regulations or guidelines adopted by the administering agency.
5.
Where units are offered as rental units, they shall continue to be
offered as rental units for as long as the unit owner desires. During
the first 30 years the unit owner may sell low income units at prices
affordable to low income households and moderate income units at prices
affordable to moderate income households in accordance with the previously
established guidelines.
6.
The administering agency, subject to review by the Township at the
option of the governing body, shall adopt such regulations and guidelines
as may be necessary to carry out the provisions of this Subsection
30-78.81.
m.
To assure that the entire R-6B District which is the subject of this Subsection 30-78.8 is developed as a single multi-family housing project in accordance with a Master Development Plan submitted and approved in accordance with Subsections 30-61.6 and 30-62.6, no certificate of occupancy for any dwelling unit located in the last two buildings to be constructed (and for which construction permits have been issued and construction commenced) on the northwesterly side of the 125 feet wide Jersey Central Power & Light Company tower line easement shall be issued until construction permits have been issued for the first two buildings containing dwelling units located on the southeasterly side of said tower line easement. Said 125 feet wide tower line easement crosses through the middle (approximately) of the R-6B District entering at Mt. Vernon Avenue on the northeast and leaving the subject tract at the Passaic River on the southwest.
n.
Administration. Except as to the provisions of Subsection m., the
administration and enforcement of the provisions of this subsection
as they pertain to low and moderate income units shall be undertaken
and performed by the Township Administrator, unless the Township Committee
shall by Ordinance designate a governmental agency or nonprofit entity
to undertake and perform such responsibilities.
o.
Periodic Review for Modification of Standards. The standards established
in this section for qualification as a low income household or a moderate
income household and the sales prices and rental allowed to be charged
for occupancy of low and moderate income units shall be reviewed annually
by the Township Committee which shall, from time to time, adopt such
amendments to this section as are required to assure that such standards
conform to the applicable decisional and statutory law of New Jersey.
In the event that the standards established by this section are so
amended hereafter, such amended standards shall apply to any low and
moderate income units which have been constructed pursuant to this
section and which are in existence at the time that such standards
are so amended.
[Ord. No. 10-85 § 7; Ord. No. 28-85 §§ 7, 8; Ord. No. 7-86 § 1; Ord. No. 99-007 § 14]
a.
Area and Density Requirements.
1.
Minimum Area. Each apartment development shall have a minimum area
of 20 acres.
2.
Maximum Density. There shall be no more than eight dwelling units
per acre.
3.
Maximum Coverage. The total ground floor area of all buildings shall
not exceed 15% of the lot area of the apartment development. The total
area of all impervious surfaces, including buildings, shall not exceed
30% of the lot area of the apartment development.
b.
Setback Requirements.
1.
No principal building shall be located within 75 feet of a public
street or property line nor within 25 feet of any interior roadway.
2.
No dwelling structure shall have more than two continuous attached
dwelling units with the same front building line, and variations in
the building line shall be at least four feet.
c.
Distance Between Buildings. Minimum distances shall be maintained between principal buildings according to the length of building wall overlap as provided in Subsection 30-78.6c.
d.
Building Requirements.
1.
Height. No building shall exceed a height of 2 1/2 stories or
35 feet whichever is the lesser.
2.
Units Per Building. No apartment structure shall contain less than
four nor more than 12 dwelling units.
3.
Not more than eight apartment units nor more than four apartment
units per floor shall be served by a common entrance.
e.
Dwelling Unit Requirements.
1.
Each dwelling unit shall contain as a minimum a separate living room,
a separate bedroom, a separate bath and a kitchen, which kitchen facility
shall be located separate and apart from other rooms in the unit with
the exception of the dining room.
2.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area of 600 square feet plus 150 square feet for each habitable room
other than a living room, dining room or kitchen.
3.
A storage space with separate access and containing a minimum of
80 square feet of floor area shall be provided for each dwelling unit
in a basement of the building in which the unit is located, in a garage
serving the unit or in another accessory building.
4.
There shall be no living quarters in any basement or attic. No attic
shall be used for storage or for any purpose other than radio or television
antennae.
[Ord. No. 28-85 § 9; Ord. No. 29-85 §§ 1, 2; Ord. No. 7-86 §§ 2-4; Ord.
No. 99-007 § 15]
a.
In the R-2B-1 District, private membership golf courses, including
club houses and accessory swimming pools, tennis courts and similar
court related recreational uses are permitted.
b.
In the R-2B-2 District, private membership golf courses, as described in Subsection a above, and private membership swim clubs, including pools and lakes, along with related, accessory open recreational uses limited to tennis, handball, shuffleboard, paddle tennis, basketball, badminton and volley ball are permitted.
c.
There shall be a minimum lot area of 95 acres in the R-2B-1 District
and a minimum lot area of 30 acres in the R-2B-2 District for such
facilities.
d.
All outdoor activities shall be conducted in a manner that will minimize
any adverse impact from noise and lighting associated with such activities.
e.
All buildings shall be located at least 200 feet from a street or
property line.
f.
Off-street parking sufficient to meet the needs of the specific use shall be provided in accordance with Subsection 30-64.2. Parking areas shall be located at least 25 feet from a street or property line. Driveways shall be located at least 25 feet from a side or rear property line and at least 10 feet from any building.
g.
All sports and recreation facilities shall be located at least 50
feet from a street or property line.
h.
The Planning Board shall consider existing and proposed means of
vehicular access to the recreational facilities in view of the anticipated
traffic that will be generated by the use of the recreational facilities,
and the Planning Board may require as a condition of approval of the
subdivision or site plan the off-site improvement of existing access
or the installation of a new access as may be necessary to provide
adequate and safe vehicular ingress and egress from the recreational
facilities.
i.
Fencing or screening shall be provided as required by the Planning
Board.
j.
All material and equipment shall be stored in completely enclosed
structures.
k.
The total ground floor area of all buildings shall not exceed 10%
of the lot area and the total area of all impervious surfaces, including
buildings, shall not exceed 15% of the lot area.
[Ord. No. 96-19 § 2; Ord. No. 96-30 § 2; Ord. No. 98-025 § 1; Ord. No. 98-036 § 1; Ord. No. 2008-09 § 2]
a.
Unless otherwise provided in this chapter, the maximum impervious
surfaces on a single family residential lot in residence districts
shall not exceed an amount determined by the following formula:
|
Total Lot Area
(square feet)
|
Maximum Coverage
|
|---|---|
|
Under 10,000
|
40% of lot area
|
|
10,000 to 40,000
|
4,000 square feet plus 20% of lot area greater than 10,000 square
feet
|
|
40,000 to 60,000
|
10,000 square feet plus 15% of lot area greater than 40,000
square feet
|
|
60,000 to 80,000
|
13,000 square feet plus 10% of lot area greater than 60,000
square feet
|
|
Greater than 80,000
|
15,000 square feet plus 7.5% of lot area greater than 80,000
square feet
|
b.
The maximum coverage of the principal structure on a single-family
residential lot in residence districts shall not exceed an amount
determined by the following formula:
[Amended 11-18-2021 by Ord. No. 2021-24]
|
Total Lot Area
(square feet)
|
Maximum Coverage
|
|---|---|
|
Under 10,000
|
20% of lot area
|
|
10,000 and greater
|
2,000 square feet plus 6% of lot area greater than 10,000 square
feet
|
|
As used in this subsection, the maximum coverage of the principal
structure shall include only the foundation under the roofed portion
of such structure and all area contiguous to the structure below an
eave, bay window, oriel, balcony, or overhang which project more than
three feet beyond the face of the structure shall be included in the
calculation of building coverage. All projections that increase the
floor area of the principal structure shall be included in the building
coverage calculation.
|
[Ord. No. 99-007 § 16; Ord. No. 99-024 § 1]
Senior Housing, as defined in § 30-6 and consisting of, except as provided in Subsection h below, townhouse units only, is permitted in the R-5A District subject to the following conditions:
a.
Occupancy Limitations.
1.
Prior to the creation of any tenancy of any dwelling unit and prior to any sale or transfer title to any dwelling unit and prior to any change in possession of any dwelling unit, a certificate of age compliance shall be required. The proposed purchaser or transferee in the case of a transfer of title or the owner of the premises in the case of the creation of any new tenancy or the new possessor of the premises in the case of any change in possession shall certify to the Zoning Officer that the use of the premises shall comply with the terms of this chapter. The certificate of age compliance shall include a certificate indicating the name and date of birth of each intended occupant. If required by the Zoning Officer, the applicant shall produce satisfactory evidence of date of birth of the occupants. In the event that the occupancy of the premises is by a person over 20 but under 55 years of age as permitted under the definition of "senior housing" in § 30-6 of this chapter, the certification shall include sufficient data to support the representation that his or her occupancy is essential to the physical care or economic support of the other eligible occupants.
2.
The certificate of occupancy issued under the provisions of this
chapter shall contain a provision setting forth the limitations upon
the occupancy of the dwelling unit as required by the terms of this
section.
b.
Area and Density Requirements.
1.
Minimum Area. Each senior housing development shall have a minimum area of 10 acres; provided, however, that there shall be a minimum area of nine acres when existing single family dwellings fronting on an existing public street are retained as required in Subsection h below.
2.
Maximum Density. There shall be no more than 3 1/2 dwelling
units per acre of land devoted to senior housing, but not more than
a total of 32 units.
3.
Maximum Coverage. The total ground floor area of all buildings shall
not exceed 15% of the lot area of the senior housing development.
The total area of all impervious surfaces, including buildings, shall
not exceed 30% of the lot area of the senior housing development.
c.
Setback Requirements.
1.
No building which is part of a senior housing development shall be
located within 225 feet of an existing public street, nor shall any
principal building be located within 50 feet of a property line or
within 25 feet of any interior roadway.
2.
No senior housing structure shall have more than two continuous attached
dwelling units with the same front building line, and variations in
the building line shall be at least four feet.
d.
Distance Between Buildings. Minimum distances shall be maintained between principal buildings according to the length of building wall overlap as provided in Subsection 30-78.6c.
f.
Dwelling Unit Requirements.
1.
Each dwelling unit shall contain as a minimum a separate living room,
a separate bedroom, a separate bath and a kitchen, which kitchen facility
shall be located separate and apart from other rooms in the unit with
the exception of the dining room.
2.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area of 1,500 square feet.
h.
Existing Single Family Residences.
1.
Notwithstanding the foregoing provisions, all existing single family residences fronting on an existing public street and located in the R-5A Zone shall be retained without age restriction on lots meeting the requirements of Subsection h2 below in order to preserve the established residential character along the public street, except that one such residence may be removed, if necessary, in order to provide space for access to the senior housing development from such existing public street.
2.
Notwithstanding the provisions of Subsection 30-75.2, Schedule of Zoning Requirements, existing single family residences referred to in Subsection h1 above shall meet the following bulk requirements:
3.
Replacement Housing. If an existing single-family residence which is retained in accordance with the requirements of Subsection h1 and h2 above, at some time in the future is demolished (intentionally or unintentionally) and replaced with a new single-family residence, such replacement residence shall be required (only) to meet the bulk requirements of Subsection h2 immediately above and not the build requirements generally applicable to single-family residences in the R-5A Zone as set forth in Subsection 30-75.2 (Schedule of Zoning Requirements of the Land Development Regulations of the Township of Chatham).
[Ord. No. 2017-15 § 2; Ord. No. 2018-23]
b.
Area and Density Requirements.
1.
Minimum Area. Each development shall have a minimum tract area of
30 acres. Public or private roads, easements or rights-of-way shall
not be deemed to divide acreage of a development.
2.
Maximum Density. Two dwelling units/acre, not to exceed a total of 54 units, except as provided in § 30-78.13n1 below.
3.
Minimum Lot Size Per Dwelling. A minimum lot size per dwelling of
1,200 square feet shall be required for all fee simple dwelling units.
c.
Maximum Building Coverage.
1.
The total ground floor area of all buildings shall not exceed 15%
of the lot area of the development.
d.
Maximum Impervious Coverage.
1.
The total area of all impervious surfaces shall not exceed 30% of
the lot area of the development.
e.
Setback Requirements.
1.
No principal building shall be located within 50 feet of a public
street or exterior property line of the tract nor within 20 feet of
any internal roadway.
2.
No dwelling structure shall have more than two continuous attached
dwelling units with the same front building line, and variations in
the building line shall be at least four feet.
f.
Distance Between Buildings. Minimum distances as specified below
shall be maintained between principal buildings:
|
Positions of Building Walls
|
Minimum Distance Between Buildings at Any Point
|
|---|---|
|
Front facing front
|
50'
|
|
Front facing rear
|
50'
|
|
Front facing side
|
25'
|
|
Rear facing rear
|
50'
|
|
Rear facing side
|
30'
|
|
Side facing side
|
15'
|
g.
Building Requirements.
1.
Height. No building shall exceed a height of 2 1/2 stories or
35 feet, whichever is lesser, except that existing buildings in excess
of the permitted number of stories or height may be re-used for any
permitted principal or accessory use. Building height shall be the
vertical distance measured from the average post-development ground
elevation as measured from the four corners of the building to a horizontal
plane projected from the highest point of the roof. However, for locations
in which the elevation is, for reasons of topography, one full story
or less lower at the rear of the building than at the front, the height
shall be measured from an average of the front two elevations only,
provided that neither of the elevations at the rear two corners of
the building are more than 10 feet below the front two corners of
that building.
2.
Units Per Building. No building shall contain more than four dwelling
units.
h.
Dwelling Unit Requirements.
1.
Each dwelling unit shall contain as a minimum a separate living room,
a separate bedroom, a separate bath, a room for storage and utilities,
and a kitchen, which kitchen facility shall be located separate and
apart from other rooms in the unit with the exception of the dining
room.
2.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
are, as "floor area" is defined in Article 2 of this chapter, in accordance
with the following schedule:
|
Number of Bedrooms
|
Minimum Required Floor Area Per Dwelling Unit
(in square feet)
|
|---|---|
|
1
|
900
|
|
2
|
1,150
|
|
For each additional
|
200 additional
|
3.
No basement shall contain a bedroom.
4.
Each dwelling unit shall have at least two private outside entrances.
5.
Each dwelling unit shall contain its own heating plant and system
and shall constitute a separate, independent unit for metering and
all other purposes with respect to all required utilities and similar
conveniences. No central or common laundry or similar facilities intended
for two or more units shall be permitted.
6.
Each dwelling unit shall have at least one individual private yard
area, open patio or court adjoining the unit and having a width of
at least 15 feet and an area of at least 150 square feet. Each private
yard area, patio, court or deck shall be effectively screened in order
to provide a reasonable degree of privacy.
7.
In addition to the above requirements, a storage space with separate
access and containing a minimum of 80 square feet of floor area shall
be provided for each dwelling unit in the basement of the building
in which the unit is located or in the garage serving the unit. Storage
space located in a garage shall not encroach upon or be located above
a minimum area of 10 feet by 20 feet for the parking of a motor vehicle.
8.
The layout and arrangement of buildings and their design shall incorporate
energy saving and green design features where practicable.
i.
Accessory Buildings.
1.
Setbacks. Accessory buildings shall meet the street, property line
and internal roadway setbacks of the principal buildings and shall
be at least 25 feet from a principal building and 15 feet from another
accessory building. Detached garages shall be at least 15 feet from
a principal building or from any other garage or accessory building.
Clubhouses, swimming pools and recreation facilities shall be at least
one 100 feet from a property line.
2.
Height. The maximum height of an accessory building shall be 15 feet
except for clubhouses which shall not exceed 28 feet in height. Existing
buildings in excess of the permitted number of stories or height may
be reused for any permitted principal or accessory use.
3.
When a clubhouse or other accessory building is attached to a building
containing a permitted principal use, the bulk requirements for the
permitted principal use shall apply.
4.
Design. Architectural design and materials used in the construction
of accessory buildings shall conform to or complement those used in
the construction of principal buildings.
j.
Off-Street Parking and Internal Roadways. Off-street parking and internal roadways shall conform to the provisions of Subsection 30-64.2, and, in addition, the following requirements shall be met:
1.
All off-street parking areas and internal roadways shall be paved,
bounded by permanent curbing and constructed in accordance with Township
of Chatham road specifications; provided, however, that, upon recommendation
of the Township Engineer, the requirement of curbing may be waived
or modified when found not to be needed for control of storm water,
protection of pavement and similar purposes.
2.
Parking areas shall be located at least five feet from a building
and 25 feet from a development property line.
3.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, internal roadways shall be at least 24 feet in width for
two-way traffic and 12 feet in width for one-way traffic and shall
not enter a street within 50 feet of an existing intersection. Drives
leading from internal roadways to parking areas shall be at least
20 feet in width. Parking on internal roadways and drives shall be
prohibited.
4.
The arrangement and location of garages, parking areas and internal
roadways shall be subject to approval of the Planning Board and shall
be designed to insure maximum safety, proper circulation and maximum
convenience for residents and their guests.
5.
Sidewalks shall be provided along at least one side of any internal
road serving the development.
6.
A public trail network shall be provided around and through the site
and shall be designed to connect with any nearby public trail or sidewalk
system.
7.
Unless otherwise provided in the New Jersey Residential Site Improvements
Requirements, minimum requirements for off-street parking spaces shall
be as follows for low and moderate income housing units:
8.
|
1 bedroom or efficiency unit:
|
1.75 parking spaces
|
|
2 bedroom unit:
|
2.0 parking spaces
|
|
3 or more bedroom unit:
|
2.5 parking spaces
|
k.
Landscaping and Common Open Space.
1.
There shall be provided a minimum of 40% of the entire tract for
common open space, which shall be deed restricted against future development
and managed by the homeowners association. Said open space shall not
contain any impervious surfaces, detention facilities or other structural
or infrastructure improvements.
2.
The common open space, where improved, shall be attractively landscaped
with varieties of flowering plants, grasses, trees and shrubs that
will serve to minimize water use. Provision shall be made for the
protection and preservation of existing trees and the prominent hedgerow
along Hillside Avenue as well as natural features including those
in designated critical areas.
3.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, sidewalks or walkways constructed in accordance with the
Township specifications shall be provided in such locations and of
such widths as required and approved by the Planning Board to insure
safe and convenient pedestrian traffic.
4.
A naturalized trail around the perimeter of the property shall be
constructed by the developer and maintained and repaired by the HOA
and such trail may be surfaced with wood chips or other suitable surface
and need not be paved. A public access easement shall be provided
allowing public access across the perimeter trail.
5.
Effective screening by a fence or wall no less than five feet nor
more than seven feet in height shall be provided to shield parking
areas and other common facilities from view of adjoining residential
properties, provided, however, screening by hedge or other natural
landscaping may be substituted for the required fence or wall if approved
by the Planning Board as part of the site plan.
6.
Lighting. Adequate artificial lighting shall be provided in parking
areas and along sidewalks, walkways and internal roadways. The source
of lighting shall be directed downward, away from buildings and adjoining
streets and property lines. Lighting fixtures shall be so arranged
that the direct source of light is not visible from any adjacent residential
property.
7.
Additional Landscape Buffer. A landscape buffer from the adjacent
property shall be provided where the physical height of the structure
(post grade to highest point) exceeds 35 feet. The buffer shall consist
of plants that will screen the structure from neighboring properties
year-round. The buffer shall be a combination of deciduous and conifer
trees and shrubs.
8.
Landscape Standards:
(a)
Deciduous trees shall have a minimum caliper of three to 3.5
inches. Species of trees shall be native to the region and shall have
a mature height of 40 feet and up. Trees shall be planted a minimum
of 15 feet from the building structure.
(b)
Conifer trees shall have a minimum height of six feet at the
time of installation, with a mature height of 30 feet and up. Species
of conifer trees shall be native to the region and shall be planted
a minimum of 10 feet from the building structure.
(c)
Shrubs shall be native to the region with a combination of heights
to sufficiently screen the building.
(d)
All plant materials must meet minimum standards as set forth
in the American Association of Nurserymen, Inc.
(e)
A sufficient number of trees and shrubs shall be provided to
adequately shield the lower portion of the structure creating the
height to exceed 35 feet.
9.
Landscape Plan. The site plan shall include a landscape plan which
shall be prepared by a landscape architect or other professional thoroughly
familiar with landscape plant materials and design. Said plan shall
include and show, at a minimum:
10.
Guarantee. All elements of the landscape buffer shall be guaranteed
by the applicant for the life of the development.
11.
Maintenance. Any approved landscape plans are subject to being
constructed and maintained as was presented for approval. This includes,
but is not limited to, replacing dying or dead trees or shrubs, weeding
landscape areas, mowing, etc.
l.
Utilities.
1.
Adequate provision shall be made for storm water drainage, water
supply and sewage treatment and disposal.
2.
All telephone, electric and CATV service, including outdoor lighting
on the property, shall be by underground conduit.
3.
Fire Hydrants. Fire hydrants shall be installed at locations specified
by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the dwelling units. All such hydrants shall conform to the
standards of the National Board of Fire Underwriters or Township requirements,
whichever is more restrictive.
4.
Solid Waste, Including Recyclable Materials. Suitable provision shall
be made for the orderly deposit and pickup of solid waste, including
recyclable materials. The locations and numbers of all facilities
for such purposes shall be subject to approval by the Planning Board
and shall meet all regulations of the Township Board of Health and
applicable provisions of the Township Recycling Ordinance as well
as the following:
(a)
Each receptacle shall be located in a completely enclosed building.
(b)
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
(c)
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
m.
Roads on Master Plan. If a proposed road shown on the Township Master
Plan is located on any property intended to be used for the development,
the Planning Board may require that provision shall be made for the
dedication and improvement of that portion of said road located within
the property in question in accordance with Township road specifications.
The area within the right-of-way of any such road may be included
in the gross acreage of the property for the purpose of determining
maximum density.
n.
Developer's Obligation to Provide Affordable Housing Development.
1.
Prior to the issuance of any construction permit, or as a condition
precedent to the grant of any approval of a development application
by the Planning Board, Board of Adjustment or Zoning Officer, as applicable,
a developer shall be required to enter into an agreement with the
Township Committee to construct 24 low and moderate income, rental
housing units at another site within the Township. The maximum number
of market rate units on the site shall not exceed 54 units. At least
50% of the rental units shall be available to low income households
with the remainder available to moderate income households. The required
agreement shall make provisions for the developer's obligation to
construct the affordable units at the other site and the phasing of
construction of market units on the site shall provide for the construction
of the affordable units in tandem with the market units according
to the following phasing schedule: (a) the developer must submit a
building permit application for the affordable housing at the other
site by the time the first certificate of occupancy is issued for
the market rate units on the site; (b) the developer must complete
the foundation for the affordable housing at the other site by the
time 40% of the market rate units on the site are completed; (c) the
certificate of occupancy for the affordable housing at the other site
must be issued by the time 70% of the market rate units on the site
are completed.
o.
Adaptive Reuse of Building.
1.
The adaptive reuse of the existing residential structure shall meet
the following standards to the maximum extent possible.
2.
The existing residential structure has unique architectural features
which shall be preserved through adaptive reuse of the structure.
3.
The adaptive reuse of the structure shall consist of incorporating
up to four individual residential units on the second and third floors.
The first floor of the structure shall be repurposed as a clubhouse.
4.
The original elements of the front facade of the structure may not
be substantially altered in size or appearance. Rehabilitation shall
include restoring the building's front exterior facade to its original
profile to the maximum extent reasonably feasible. Repairs should
involve the least intervention possible, concentrating specifically
on areas of deterioration. When repair is not possible, replacement
in-kind is encouraged, reproducing by new construction the original
feature exactly, including the original materials, finish, detailing
and texture.
5.
Remediation of hazardous material such as asbestos and lead, if present,
shall be mitigated in accordance with federal and state requirements.
The mitigation measures must incorporate the restoration of existing
architectural features to preexisting conditions to the maximum extent
possible.
[Added 7-9-2020 by Ord. No. 2020-11; amended 8-13-2020 by Ord. No. 2020-13]
Affordable housing in the R-3 AH Zone: At least 20% of the total
number of lots created through subdivision within the R-3 AH Zone
shall be conveyed to either the Township of Chatham or a qualified
group home developer or operator at the option of the Township for
the construction of affordable housing in the form of a group home
for persons with developmental disabilities. The lot is to be conveyed
cleared and leveled with a flat surface achieved by bulldozing and
installing retaining walls to create the flat surface, including a
driveway cut and a tracking pad, ready for the construction of a ranch-style
group home, with utilities, including sanitary sewer and water, available
in the street, and a sidewalk, which lot shall be conveyed to the
group home developer or the Township of Chatham for $1 at the Township’s
option.
[1]
Editor's Note: Former § 30-79.1 was repealed by
Ord. No. 2018-22 § 1.
[Ord. No. 3-92 § 4; Ord. No. 97-043 § 2; repealed
by Ord. No. 2018-22]
[Ord. No. 3-92 § 4;
repealed by Ord. No. 2018-22]
[Ord. No. 97-016 § I;
repealed by 12-16-2021 by Ord. No. 2021-29]
[Ord. No. 2-79 § 703.1; Ord. No. 99-007 § 17]
a.
Permitted Principal Uses in the B-1 District.
1.
Retail stores and shops.
2.
Cleaning and tailoring shops, provided there is no dry cleaning on
the premises.
3.
Restaurants in which patrons seated at tables and counters are served
food and drink, including, in the case of food serving establishments,
outdoor tables and chairs in the walkways immediately fronting such
establishments when (1) a convenient, straight four-foot wide walkway
is maintained, (2) food is neither ordered outdoors by a patron nor
delivered outdoors by an establishment employee and (3) the outdoor
eating area is kept clean, sanitary, and free of litter.
4.
Theaters.
5.
Banks and financial institutions.
6.
Offices for professional, business and executive purposes.
[Ord. No. 2-79 § 703.2; Ord. No. 99-007 § 17]
[Ord. No. 2-79 § 703.3; Ord. No. 9-79 § 17; Ord. No. 97-007 § 3; Ord. No. 99-007 § 17]
The following conditional uses, as regulated in § 30-99 are permitted:
[Ord. No. 99-007 § 17]
Except as otherwise provided in this Article, the requirements and limitations contained in the Schedule of Requirements referred to in Subsection 30-75.2 shall be complied with. In addition, the following requirements shall be complied with:
a.
Storage. All material and equipment shall be stored in completely
enclosed structures.
b.
Outdoor Display. No goods or merchandise shall be displayed outside
of any building.
c.
Nuisances. No activity shall be carried on that will create any of
the following which will be perceptible to the human senses outside
of any building: any smoke, fumes, objectionable odors, glare or vibration.
The provisions of the Noise Control Ordinance of the Township shall
be complied with.
d.
Site plan approval, as required in Article 4, shall be obtained.
[Ord. No. 2-79 § 704.1; Ord. No. 99-007 § 18]
a.
Office buildings for professional, executive and administrative functions.
b.
Banks and financial institutions.
c.
Funeral homes, in the PI-1 District only.
d.
Nursery schools, in the PI-1 District only.
e.
Buildings for tennis, squash, handball and other court sports activities
in the PI-1 District only.
[Ord. No. 2-79 § 704.2; Ord. No. 99-007 § 18]
[Ord. No. 2-79 § 704.3; Ord. No. 9-79 § 18; Ord. No. 99-007 § 18]
The following conditional uses, as regulated in § 30-99 are permitted in the PI-1 District only.
[Ord. No. 2-79 § 704.4; Ord. No. 16-81 § 8; Ord. No. 99-007 § 18]
Except as otherwise provided in this Article, the requirements and limitations contained in the Schedule of Requirements referred to in Subsection 30-75.2 shall be complied with. In addition, the following requirements shall be complied with:
a.
Storage. All material and equipment shall be stored in completely
enclosed structures.
b.
Nuisances. No activity shall be carried on that will create any of
the following which will be perceptible to the human senses outside
of any building: any smoke, fumes, objectionable odors, glare or vibration.
The provisions of the Noise Control Ordinance of the Township shall
be complied with.
c.
Site plan approval, as required in Article 6, shall be obtained.
[Ord. No. 2-92 § 3; Ord. No. 99-007 § 19]
This zone district is limited to office building use for business,
executive and corporate functions.
[Ord. No. 2-92 § 3; Ord. No. 99-007 § 19]
[Ord. No. 2-92 § 3; Ord. No. 99-007 § 19]
a.
There shall be a minimum lot area of 20 acres measured within 1,200
feet of the front street. No lot shall have direct access from either
Treadwell Avenue or Woodland Road.
b.
An individual lot need not front on a public street, but shall be
served by a private driveway or road which may be shared with other
lots by means of easement or common appropriate legal instruments.
c.
No building shall exceed 75 feet nor shall the height of any building
including penthouse structures exceed 85 feet. In addition, no building
located within 500 feet of Treadwell Avenue shall exceed a height
of 55 feet, or 65 feet including penthouse structures, above the average
elevation of the centerline of Treadwell Avenue between projections
perpendicular to said centerline from the extreme ends of the building.
Furthermore, no building located within 500 feet of Treadwell Avenue
shall exceed a height of four stories. Penthouse structures shall
not extend to a height of more than 15 feet above the roof surface,
shall be used solely for the purpose of enclosing mechanical equipment
and shall not cover more than 20% of the roof surface. Any appurtenance
located upon a roof shall be recessed at least 20 feet from the edge
of the roof along any building wall that faces a public street and
the appurtenance shall be concealed or designed in such a manner as
to be architecturally complementary to the building.
d.
Building setbacks shall be as follows:
e.
The maximum coverage of any lot by buildings shall be 10%. The maximum
coverage of any lot by buildings and impervious surface improvements
shall be 15%. In addition, the total floor area of all floors of all
buildings within the area which is the subject of these regulations
shall not exceed 750,000 square feet.
f.
No principal or accessory buildings shall be located closer to any
other building on the same lot than the height of the taller building.
g.
All off-street parking areas shall be located at least 10 feet from
buildings, except for parking located within a building or extending
between the interior and exterior of a building, 100 feet from property
lines and Dodge Drive, and 200 feet from public streets.
h.
All portions of the property not covered by buildings, pavement and other improvements shall be attractively landscaped with grass lawns, trees and shrubs as provided in Subsection 30-63.3h and as approved by the Planning Board. Where appropriate, existing vegetation shall be utilized. Particular attention shall be given to the establishment of the screening of buildings and parking areas to minimize the visual impact on adjacent properties. Fencing shall be provided as required by the Planning Board.
i.
All material and equipment shall be stored in completely enclosed
structures.
j.
No activity shall be carried on that will create any of the following
conditions beyond the limits of the property which will be perceptible
to the human senses: any smoke or other particulate matter, fumes,
objectionable odors, noise, glare or vibration. All facilities, activities
and processes shall comply with all applicable, Federal, State and
municipal ordinances, laws, rules and regulations.
k.
All principal buildings shall be designed and constructed in accordance
with the most advanced technology for fire prevention using fire-restrictive
materials. All such buildings shall be equipped with automatic sprinklers
and other fire control devices required by the Planning Board. The
Planning Board shall refer each site plan application to the Fire
Departments serving the Township for review and comment.
l.
The owner or tenant of every building shall provide security personnel
or devices in order to eliminate the need for routine Township Police
Department building security checks.
m.
The owner or tenant of every building shall make provisions for emergency
evacuation of all employees.
n.
Every building having plumbing facilities shall be connected to a
public sanitary sewer system if such connection is available. If the
Planning Board finds that such connection is not available, a private
waste treatment and disposal system shall be provided.
o.
An application for site plan approval shall be accompanied by an environmental impact statement (E.I.S.) meeting the requirements of § 30-67.
p.
Failure to properly operate and maintain a private waste treatment
and disposal system, failure to furnish monitoring and other required
reports, or failure to adhere to a comprehensive plan for waste disposal
incorporated in an approved site plan or failure to comply with applicable
laws, ordinances, rules or regulations shall constitute a violation
of this section.
[Ord. No. 2017-20]
Means the American Petroleum Institute, 1220 L Street, NW,
Washington, DC, 20005-4070, http://www.api.org/.
Means the American Society of Mechanical Engineers, 3 Park
Avenue, New York, NY, 10016-5990, http://www.asme.org/.
Means the American Society of Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA, 19428-2951, http://www.astm.org/.
Means Best Management Practice.
Means the Code of Federal Regulations.
Means actions to clean up or remove or attempt to clean up
or remove a discharge of a hazardous substance or the source thereof,
or to chemically neutralize the discharge, or measures to prevent
or mitigate any damages to the public health, safety or welfare, including,
but not limited to, public and private property, shorelines, beaches,
surface waters, water columns and bottom sediments, soils and other
affected property, including wildlife and other natural resources.
Means all costs associated with cleanup and removal activities
incurred by the State, its political subdivisions or their agents
or any person with written approval of the Township of Chatham, New
Jersey.
Means actions to limit or prevent the spread of a leak or
discharge.
Means:
Conducting a diligent search of all documents which are reasonably
likely to contain information related to a possible discharge, which
documents are in such person's possession, custody or control, or
in the possession, custody or control of any other person from whom
the person conducting the search has legal right to obtain such documents;
and
Making reasonable inquiries of persons who may have knowledge
or documents relevant to a discharge.
Means any intentional or unintentional action or omission,
unless pursuant to and in compliance with the conditions of a valid
and effective Federal or State permit, resulting in the releasing,
spilling, pumping, pouring, emitting, emptying or dumping of a hazardous
substance into the waters or onto the lands of the State, or into
waters outside the jurisdiction of the State when damage may result
to the lands, waters or natural resources within the jurisdiction
of the State. This term does not include "leak".
Means any equipment or instrumentation that is used to detect
discharges of hazardous substances.
Means piping which consists of one pipe fixed inside another,
with an annular space between.
Shall be defined as follows:
Surface waters, including, without limitation the following:
rivers, streams, creeks, ponds, lakes and reservoirs as defined in
N.J.A.C. 7:7-12.1(b); canals as defined in N.J.A.C. 7:7-9.8(a); estuaries,
as defined in 33 U.S.C. 1330(k); and bays, including without limitation
open bays, semi-enclosed bays and back bays, as defined in N.J.A.C.
7:7-12.1(b);
Any water resource, as defined at N.J.A.C. 7:19-1.3, which is
utilized by a public water system, nonpublic water system, or water
system, as defined at N.J.A.C. 7:10-1.3;
Wetlands and wetland transition areas, including without limitation
the following: freshwater wetlands and transition areas, as defined
at N.J.A.C. 7:7A-1.4; wetlands, as defined in N.J.A.C. 7:7-9.27(a);
and wetland buffers and transition areas, as defined in N.J.A.C. 7:7-9.28(a);
Critical wildlife habitat, as defined in N.J.A.C. 7:7-9.37(a);
Prime fishing areas, as defined in N.J.A.C. 7:7-9.4(a);
Finfish migratory pathways, as defined in N.J.A.C. 7:7-9.5(a);
Submerged vegetation habitat, as defined in N.J.A.C. 7:7-9.6(a);
Forest areas, including prime forestland and unique forestland;
Habitat for Federal and State endangered or threatened plant
and animal species, as defined in N.J.A.C. 7:7-9.36(a);
Federal and State wilderness areas, including areas included
within the Natural Areas System, as designated in N.J.A.C. 7:5A-1.13,
or the State Register of Natural Areas pursuant to the Natural Areas
System Act, N.J.S.A. 13:1B-15. 12a et seq. and 15.4 et seq., and N.J.A.C.
7:5A-1.4, and preserved land held by the New Jersey Natural Lands
Trust pursuant to the New Jersey Natural Lands Trust Act, N.J.S.A.
13:1B-15.119 et seq.; and
Wild and scenic river corridors, as defined in N.J.A.C. 7:7-9.44(a).
Shall be defined as follows:
Petroleum and petroleum products and all substances listed in
Appendix A of N.J.A.C. 7:1E, incorporated herein by reference, shall
be considered hazardous substances, except that sewage and sewage
sludge shall not be considered as hazardous substances.
The following shall not be considered hazardous substances:
Metals, in either their pure elemental form or alloyed, in solid
pieces with at least one-dimensional measurement equal to or exceeding
100 micrometers (0.004 inches) or chemically bonded to an inert substrate;
and
Any flammable substance or inert gas listed in Appendix A of
N.J.A.C. 7:1E and which is designated by an asterisk including, and
not limited to, natural gas and propane.
Means utilizing a layer of natural or man-made material of
sufficient thickness, density, and composition so as to have a maximum
permeability for the hazardous substance being contained of 10-7 centimeters
per second at the maximum anticipated hydrostatic pressure.
Means a method of testing structures as established in N.J.A.C.
7:1E-2.16.
Means an examination of the interior of an aboveground storage
tank appropriate to the type and size of the tank and in accordance
with N.J.A.C. 7:1E-2.16.
Means any escape of a hazardous substance from the ordinary
containers employed in the normal course of storage, transfer, processing
or use into a secondary containment or diversion system or onto a
surface from which it is cleaned up and removed prior to its escape
into the waters or onto the lands of the State.
Means an accident required to be reported pursuant to 49
CFR 195.50.
Means New Jersey Administrative Code.
Means New Jersey Department of Environmental of Protection
Means any container pipe, or equipment from which all liquid
and sludge has been removed, all connecting lines and piping have
been disconnected and blanked off, all valves (except for ventilation
valves) have been closed and locked, and on which conspicuous signs
have been posted that state that it is out of service and note the
date of removal from service.
Means any liquid that is essentially a complex mixture, whether
natural or synthetic, of hydrocarbons of different types with small
amounts of other substances, such as compounds of oxygen, sulfur or
nitrogen, or metallic compounds, or any of the useful liquid products
obtained from such a liquid by various refining processes, such as
fractional distillation, cracking, catalytic reforming, alkylation
and polymerization. This term shall include, but not be limited to,
gasoline, kerosene, fuel oil, synthetic oil, oil sludge, oil refuse,
oil mixed with other wastes, crude oils, and hazardous substances
which are to be used in the refining or blending of crude petroleum
or petroleum stock in this State.
Means any work necessary to maintain or restore a storage
tank or other equipment to a condition suitable for safe operation,
other than that necessary for ordinary, day-to-day maintenance to
keep up the functional integrity of the storage tank or other equipment.
Means any structures, devices, or combinations thereof supplementary
to the ordinary containers employed in the normal course of storage,
transfer, processing, or use, designed and operated to prevent leaks
of hazardous substances from becoming discharges.
Means a quantitative measurement of the ease with which a
liquid moves through soil, such as ASTM D5856.
Means any tank or reservoir which is a container for hazardous
substances and which is primarily used for bulk storage.
Means a duly authorized representative of the municipality
or local board of health, including, but not limited to, a member
of the police, fire, or public works, public health officer, Township
Engineer, zoning officer, director of emergency management, or environmental
compliance officer.
Means new pipe and any equipment, facility, rights-of-way,
or building used or intended for use in the transportation of a petroleum
or hazardous substance by a pipeline.
Means any tank defined as such in N.J.A.C. 7:14B.
Means a geographic area containing all the lands from which
water, sediments, and dissolved materials drain to a particular receiving
surface water body or to a particular point along a receiving surface
water body.
[Ord. No. 2017-20]
a.
Applicability. The provisions of this subsection shall be applicable
to all property within the Great Swamp Watershed Overlay District.
The limit of the District is illustrated on the Municipal Official
Zoning Map.
b.
Stormwater Management.
1.
General.
(a)
Applicability. The provisions of this subsection shall be applicable
to all property within the Great Swamp Watershed Overlay District,
as that district is established by the map annexed hereto, which involve
disturbances of 5,000 square feet or more.
2.
Design Standards.
(a)
Stormwater Control System shall comply with the design standards set forth in Subsection 30-64.3. To the extent that any requirements or controls herein are more stringent than the requirements or controls for the Township as set forth in Subsection 30-64.3, as may be amended from time to time, the requirements and controls herein shall govern. Within the Great Swamp Watershed Overlay District, a major development shall mean any "development" that provides for ultimately disturbing 5,000 square feet or more of land.
[Amended 10-28-2021 by Ord. No. 2021-22]
(b)
If infiltration on site for the design storm is not practicable
(for example based on soil permeability constraints, topography or
groundwater level considerations), an applicant shall provide off-site
mitigation subject to the approval of the Planning Board/Zoning Board
prior to project commencement. Options for mitigation are as follows:
(1)
Funding specific projects recommended in watershed based stormwater
management plans.
(2)
Funding stormwater related studies or regional stormwater management
plans approved by the Township Committee in an amount equivalent to
a construction cost estimate of a suitable infiltration system sized
for the proposed development submitted and prepared by the applicant's
professional engineer and approved by the Township Engineer and local
approving authority. This requirement shall be applied equally to
all applications for development and redevelopment within the Great
Swamp Watershed portion of Chatham Township.
(c)
No Net Increase in Stormwater Pollutant Loads.
(1)
Stormwater control system shall be designed to the extent practicable
so that there is no calculated or anticipated increase from predevelopment
to post-development conditions in conventional pollutant loads (such
as total suspended solids, nitrogen and phosphates.) to the receiving
watercourse due to stormwater runoff. Compliance with this provision
shall be attained when it is demonstrated that the project's Stormwater
Management Plan ("Plan") has considered current BMP's (e.g., those
presented in the DEP BMP Manual) for applicability to the project
in order to achieve the goal of no net increase in stormwater pollutant
loads. The applicant must provide economic or other justification
where implementation of the Plan is not predicted to achieve compliance
with the goal of no net increase in stormwater pollutant loads.
(2)
Nonstructural stormwater management practices shall be utilized
prior to the use of structural management measures, unless it is demonstrated
that these practices are not feasible from an engineering, environmental
or economic perspective on a particular site. Nonstructural measures
include elements of site design to protect water quality (e.g. vegetated
buffers adjacent to watercourses), limitations on use of impervious
surfaces, limitations on site disturbance, limitations on tree removal,
use of native vegetation, and requirement of appropriate fertilizer
and pesticide use.
3.
Maintenance Standards.
(a)
General. In developing a Stormwater Management Plan, an applicant shall give preference to facilities and practices which minimize the need for long term maintenance programs. Maintenance requirements shall be included as part of all Stormwater Management Plans and comply with Subsection 30-64.3. Specific maintenance tasks and schedules shall be provided for each type of stormwater management facility used on the site. A project's maintenance plan shall be designed in consideration of the guidance in the "Stormwater Management Facilities Maintenance Manual" ("Maintenance Plan") authored by the New Jersey Department of Environmental Protection, or the most recent revision thereto.
(b)
Monitoring. If deemed necessary by the Township Engineer, the
maintenance plan shall provide for a program of water quality monitoring
and reporting to measure the effectiveness of the Stormwater Management
Plan in achieving, to the extent practicable, the goal of no net increase.
The Plan shall include a provision for review and revision, in the
event monitoring demonstrates that implementation of the Plan has
not achieved the results originally anticipated. Responsibility for
compliance with this provision shall remain with the property owner,
unless the property owner enter into an agreement with the Township
to ensure long term compliance.
(c)
Maintenance Responsibility. The Maintenance Plan shall provide
a long term maintenance program for all facilities and practices which
are proposed to achieve compliance, to the extent practicable, with
the goal of no net increase. Where appropriate, the Maintenance Plan
shall be recorded upon the deed of record for the property. Responsibility
for maintenance of the stormwater management facilities shall remain
with the property owner, unless the property owner enters into an
agreement with the Township to ensure the proper operation and maintenance
of the facilities.
c.
Hazardous Substances.
1.
The installation of new above and underground storage tanks for the
storage of petroleum and hazardous substances is prohibited in the
Great Swamp Watershed Overlay District. Existing service stations
and municipal facilities are exempt from this requirement provided
that the storage tanks and piping are installed and maintained in
accordance with current State and Federal laws and regulations.
An aboveground heating oil tank for on-site consumption is permitted
provided it does not exceed 350 gallons for residential uses and 2,000
gallons for non-residential uses. Existing above and underground storage
tanks are exempt until such time they are decommissioned.
2.
The installation of above and underground piping, including transmission
pipelines, for the transport of petroleum or hazardous substances
is prohibited in the Great Swamp Watershed Overlay District. Pipes
holding less than 50 gallons are exempt from the Township Code.
3.
Containers of petroleum and hazardous substances with a capacity
of less than 60 gallons are exempt from the Township Code.
[Ord. No. 2017-20]
a.
Applicability. The provisions of this subsection shall be applicable
to all property within the Upper Passaic River Watershed Overlay District.
The limit of the District is illustrated on the Municipal Zoning Map.
b.
Stormwater Management. Stormwater management for major projects shall comply with the design standards of Subsection 30-64.3 of the Township Code. Linear projects are not exempt from these design standards.
c.
Hazardous Substances.
1.
The installation of new above and underground storage tanks for the
storage of petroleum or hazardous substances is prohibited in the
Upper Passaic River Watershed, except for aboveground heating oil
tanks for on-site consumption of less than 350 gallons for residential
purposes and 2,000 gallons for non-residential uses. Existing above
and underground storage tanks are exempt until such time they are
decommissioned.
2.
The installation of above and underground piping, excluding transmission
pipelines, for the transport of petroleum or hazardous substances
is prohibited in the Upper Passaic River Watershed. Pipes holding
less than 50 gallons are exempt from the Township Code.
3.
The installation of transmission pipelines containing petroleum or
hazardous substances are conditionally permitted in the Upper Passaic
River Watershed provided they comply with the provisions of the Township
Code.
4.
Containers of petroleum and hazardous substances with a capacity
of less than 60 gallons are exempt from the Township Code.
d.
Conditional Use of Transmission Pipelines.
1.
Setback: transmission pipelines must have a 100-foot setback from
all habitable structures.
2.
Hazardous substances, including petroleum products, stored, or transported
near a Flood Hazard Area as delineated and defined by the Federal
Emergency Management Agency or NJDEP shall be adequately protected
so as to prevent the product from being discharged into a surface
water body.
3.
Installation of transmission pipelines shall comply with the following
requirements:
(a)
All transmission pipeline shall be sufficiently marked by lettering,
color banding or color coding to enable transmission pipeline personnel
to identify any substance being leaked or discharged.
(b)
All pipelines shall have a product-sensitive leak detection
device and shall be double walled or have secondary containment. All
portions or areas of associated transmission pipelines in which the
substances are routinely refined, produced, stored, held, handled,
processed, or transferred shall be designed so that any leak will
be prevented from becoming a discharge. The minimum volume of secondary
containment shall be the maximum volumetric flow rate multiplied by
the maximum amount of time between the detection of a leak and the
shutdown of the pipe. Secondary containment systems shall not be used
as backup storage systems nor for any other purpose that would impair
their capacity to contain leaks.
(c)
All transmission pipelines must demonstrate through detailed
geotechnical and groundwater modeling that discharges from secondary
containment will not impact critical land uses, habitable structures,
or environmentally sensitive areas within a forty-eight-hour period.
(d)
All transition pipelines shall be subject to integrity testing
prior to being placed into service and every five years in accordance
with the following:
(1)
Transmission pipelines operated at atmospheric pressure shall
follow API 653 and the schedule and series of tests and inspections
established in that standard, except that similar service and risk
based inspection scheduling contained in API 653 are not permitted.
(2)
Transmission pipelines operated under pressure shall follow
API 510 or ASME § VIII and the schedule and series of tests and
inspections established in the applicable standard. If no protocols
for integrity testing outlined in this section are applicable for
a given application, the owner or operator shall propose an acceptable
protocol to the Township for approval. If a tank or transmission pipeline
fails to meet the applicable standards as to structural integrity
or where a condition has been determined to exist for which there
is no standard but which, in the opinion of the person performing
the tests or inspection as set forth in the report, constitutes a
condition which will threaten structural integrity, the tank or transmission
pipeline shall be emptied and remain empty until it is repaired or
replaced. Conditions threatening structural integrity may include,
but are not limited to, wall thinning, leaks, or extensive corrosion,
pitting, or cracking.
(e)
If a section of buried pipe is exposed for any reason, the owner
or operator shall ensure that it is carefully examined for deterioration,
and if found to be deteriorated, shall be repaired or replaced.
(f)
Out-of-service pipes shall be capped or blank-flanged and marked
as to origin, or physically removed.
(g)
Pipe supports shall be designed to minimize abrasion and corrosion
and allow for expansion and contraction.
4.
An application for a conditional use of a transmission pipelines
must meet the following requirements:
(a)
The business name(s), address and telephone number of the owner
or operator of the transmission pipeline;
(b)
The name or designation of the transmission pipeline, and the
name, title, and telephone number of a contact person for the transmission
pipeline;
(c)
The name and business address of the owner or operator's registered
agent;
(d)
A description of the transmission pipeline substances, including
maximum quantities of each substance stored at any one time, which
are stored, held, handled, transferred or transported;
(e)
The transfer capacity and the average daily throughput, on an
annual basis, of the transmission pipeline;
(f)
Accurate maps showing the location of each of the owner or operator's
transmission pipeline, storage areas, or other structures in or on
which substances are stored or handled;
(g)
An inventory of all types of pipe used for the transmission
of substances;
(h)
Engineering plans and reports demonstrating compliance with
the technical requirements of this chapter;
(i)
Preparation of a Discharge Prevention Plan;
(j)
Preparation of a Discharge Cleanup Plan.
5.
All transmission pipelines shall conform to 49 CFR 195, "Transportation
of Hazardous Liquids by Transmission Pipeline," and any future supplements
and amendments thereto. If any of these standards are less stringent
than the requirements specified herein, the local municipal standards
shall govern the installation.
6.
Mapping Requirements.
(a)
General site plans shall:
(1)
Accurately reflect the proposed transmission pipeline; including
the property lines, easements, delineating and identifying, by labeling
or other means, transmission pipeline storage tanks, small container
storage areas, process buildings and any other structures.
(2)
Be drawn to a maximum scale of one-inch equals 50 feet, such
that it is sufficient to delineate all items to be mapped and is appropriate
for the size of the transmission pipeline. If labels or other items
on the general site plan are illegible, the scale should be changed
or inserts should be used; and
(3)
Be certified by both a land surveyor and a professional engineer
licensed in the State of New Jersey.
(b)
Drainage and land use maps, shall include the land area within
1,000 feet of the transmission pipeline's boundary and shall:
(1)
Employ current basemaps at a scale equal to or larger than one
inch equals 100 feet, and appropriate for the size of the transmission
pipeline;
(2)
Show the transmission pipeline boundary;
(3)
Delineate and label the following categories of land use:
(i)
Residential;
(ii)
Educational institutions;
(iii)
Health institutions;
(iv)
Commercial and services;
(v)
Industrial;
(vi)
Transportation, communication, and utilities;
(vii)
Industrial and commercial complexes;
(viii)
Other urban lands not specified above;
(ix)
Recreational land and parks;
(x)
Streams and canals;
(xi)
Lakes and reservoirs;
(xii)
Wetlands;
(xiii)
Agricultural land;
(xiv)
Flood hazard areas;
(xv)
Brushland and shrub land; and
(4)
Locate and label all arterial and collector sewers, storm sewers,
catchment or containment systems or basins, diversion systems, watercourses,
and all public utilities.
(c)
General site plans and drainage and land use maps, in addition to Subsections (a) and (b) above, maps shall meet:
(1)
Be prepared in a digital environment that is compatible with
the Township's Geographic Information System. Compatible digital formats
include Auto CAD, Arc View, and Arc GIS;
(2)
Be projected in New Jersey State Plane feet (North American
Datum 1983); and
(3)
Contain a legend block stating the name and affiliation of the
preparer of the map, the name and location of the transmission pipeline,
the scale or scales employed, the sources of the data used, and the
date of preparation of the map.
(d)
Topographical maps showing environmentally sensitive areas,
shall:
(1)
Employ current basemaps at a scale equal to or larger than one-inch
equals 100 feet;
(2)
Clearly show the location of the transmission pipeline;
(3)
Not be so crowded as to obscure the clarity of the mapped information;
(4)
Accurately transfer mapped data from other sources to the basemaps;
(5)
Contain a legend block stating the name and affiliation of the
preparer of the map, the name of the transmission pipeline, the scale
or scales employed, the sources of the data used, and the date of
preparation;
(6)
Cover that area in which the transmission pipeline is located
which is downgradient or topographically lower than the highest land
point within the transmission pipeline and which could be affected
by a discharge assuming a direct discharge from primary piping (i.e.
no secondary or other provisions are preceded);
(7)
Extend to the maximum area of potential impact, the loss of
secondary containment and other provisions, the dispersiveness of
the substance, temperature extremes, average rainfall and stream flows,
prevailing winds, and potential threat to the environment. This area
shall be 15 miles from the transmission pipeline boundary or to the
municipal boundary, downgradient along the path a discharge would
follow, including all flood prone areas around any surface water or
wetland features; and
(8)
Delineate and label the environmentally sensitive areas.
(e)
All maps shall be submitted in digital and paper copy form.
The digital and one paper copy shall accompany the initial plan submission
for approval.
(f)
As-built information, including, without limitation, as-built
drawings, a copy of GIS shapefiles of the transmission pipeline and
its related appurtenances and transmission pipeline within the Township,
and any additional requested information about the transmission pipeline
shall be filed 90 days before the date the transmission pipeline is
proposed to become operational. Updated as-built information, including,
without limitation, as-built drawings, a copy of GIS shapefiles of
the transmission pipeline and its related appurtenances and transmission
pipeline within the Township, and any additional information requested
by the Township about the pipeline shall be filed within 60 days after
the transmission pipeline has become operational.
(g)
The transmission pipeline owner and operator shall give notice
48 hours prior to the proposed start date of construction of the transmission
pipeline to all affected residents, businesses and to the Township
and Police Township. Private property owners and business owners shall
have access to their properties at all times during transmission pipeline
construction.
(h)
The transmission pipeline owner shall post adequate escrow for
the Township Engineer to inspect the installation of the transmission
pipeline. A initial escrow deposit shall be 5% of the construction
cost within the Township.
(i)
Sixty days prior to the first date of operation of the transmission
pipeline, the transmission pipeline owner and transmission pipeline
operator shall meet with the Township representative and submit an
Emergency Preparedness Plan ("EMP") for any and all emergencies that
may result in an accidental leak or failure incident regarding the
transmission pipeline and its related appurtenances and transmission
pipeline. The EMP shall cover the requirements stated in 49 CFR 195.402
and 195.403 and shall identify a responsible local emergency response
official and a direct 24 hour emergency phone number. No transmission
pipeline shall become operational, nor shall any substance be introduced
into the transmission pipeline prior to the transmission pipeline
owner and transmission pipeline operator receiving the prior written
approval of the EMP by the Township.
(j)
No transmission pipeline owner or operator shall operate any
transmission pipeline without first obtaining insurance policies covering
general liability, environmental incidents and contamination, and
property damage in an aggregate amount to be determined by the Township
based upon reasonable estimates of potential liability and property
damage that would result from a leak, spill, or other failure of the
transmission pipeline. Prior to the first operation of the transmission
pipeline and every year in which the transmission pipeline is in operation
thereafter, the owner or operator shall submit insurance coverage
certificates and endorsements to the Township adding the Township
as an additional named insured on the insurance policies, demonstrating
that the required policies and levels of insurance have been obtained.
(k)
Prior to the first operation of the transmission pipeline, the
owner and operator shall both agree in writing to indemnify and hold
harmless Township, as well as its officers, officials, supervisors,
employees, agents, contractors, and assigns, from any and all liability
relating to or arising from the transmission pipeline, including,
but not limited to, any failure, leak, spill, contamination, cleanup,
remediation, property damage, and personal injury from and related
to such transmission pipeline. The indemnification and hold harmless
agreement shall include a provision for the payment of Township's
reasonable attorneys' fees and litigation costs.
(l)
Any easements or rights-of-way obtained by the transmission
pipeline owner or operator for the shall be recorded by the transmission
pipeline owner or pipeline operator in the office of the County Clerk.
(m)
The transmission pipeline owner or operator shall install and
maintain markers to identify the location of the pipeline in accordance
with all applicable Federal and State requirements.
(n)
In the event of a leak, spill, or failure occurring, the transmission
pipeline owner and operator shall notify the Township and all property
owners within 1,000 feet of the affected transmission pipeline area
within one-hour of discovery of the leak, spill or failure. The transmission
pipeline owner and operator shall cooperate with Township officials
and make every effort to respond as soon as possible to protect the
public's health, safety, and welfare. All leak or spill remediation
plans shall be made in consultation with the Township, and no remediation
may be deemed complete without final approval thereof by the Township.
In the event that the transmission pipeline is shut down due to a
leak, spill, or failure, the transmission pipeline owner and operator
shall not restart the transmission pipeline without the written, approval
by the Township.
7.
Discharge Prevention Plan.
(a)
The owner or operator of a transmission pipeline shall:
(b)
The plan shall contain the following general information:
(1)
The name, telephone number and locations including street and
mailing address, county, municipality, and tax lot and block number;
(2)
The name(s), telephone number(s) and business address(es) of
the owner or operator of the transmission pipeline;
(3)
The name, title, telephone number, and business address of the
contact;
(4)
The name and business address of the owner's or operator's registered
agent, if applicable;
(5)
A brief description of the transmission pipeline;
(6)
A general site plan;
(7)
A drainage and land use map;
(8)
Topographical maps;
(9)
The anticipated date on which the transmission pipeline will
become operational;
(10)
A description of all secondary containment including,
but not limited to, their capacity and materials of construction;
(11)
A description of any flood hazard areas and any
measures implemented to protect hazardous substances from flood waters
and washout;
(12)
A description of all visual inspection and monitoring
procedures;
(13)
An outline of the housekeeping and maintenance
program;
(14)
A description of the personnel training program,
including types of training given, time periods required for various
phases of training, and training procedures, and procedures for instructing
of contractors;
(15)
A description of the physical security measures;
(16)
A current index of all standard operating procedures;
and
(17)
A description of the recordkeeping system.
8.
Discharge Cleanup Plan.
(a)
The owner or operator shall appoint a response coordinator.
(b)
The owner or operator shall prepare and implement a Discharge
Cleanup Plan ("DCP") DCR plan containing, at a minimum, the following
information, in the following order or indexed to this order:
(1)
The name, title, and twenty-four-hour business telephone number
of the transmission pipeline's response coordinator or other person
authorized to hire contractors and release funds for discharge response,
containment, cleanup and removal. A response coordinator or alternate
shall be available at all times;
(2)
The chain of command for an emergency response action;
(3)
Notification procedures;
(4)
Provisions for an annual simulated emergency response drill
to determine the currency and adequacy of, and personnel familiarity
with, the emergency response action plan and the DCP. This drill shall
be critiqued in writing and that critique retained pursuant to the
recordkeeping requirements. The drill shall be based on different
scenarios from year to year in order to address all anticipated emergency
response scenarios at the facility and cannot be of the same type,
such as a table top drill, in consecutive years. When possible, this
annual drill may be combined with other required emergency response
drills;
(5)
A list of types and minimum quantities of containment and removal
equipment and materials to which the pipeline has access through ownership,
contract or others means, including, but not limited to, vehicles,
vessels, pumps, skimmers, booms, chemicals, and communications devices,
and indicating if access is through ownership, contract or other means.
The transmission pipeline shall have available to it, by ownership
or by arrangement with a discharge cleanup organization, adequate
equipment to clean up any discharge that may occur at the facility.
A copy of all current contracts or agreements between the owner or
operator and a discharge cleanup organization for emergency response
service shall be maintained, as appropriate, and shall be available
to the Township for review upon request;
(6)
A list of the trained personnel who are available to operate
such equipment and a brief description of their qualifications, and
whether personnel are employed at the facility or by a discharge cleanup
organization. Each major facility shall have available to it, by ownership
or by arrangement with a discharge cleanup organization, adequate
personnel to clean up any discharge that may occur at the transmission
pipeline. In lieu of supplying a list of names, the owner or operator
may supply a list of job titles of employees who will be assigned
to operate containment and removal equipment, and a statement of the
minimum qualifications that will be required of each employee so assigned;
(7)
On-site response measures, including response to leaks, and
the types and sizes of discharges that facility personnel-will respond
to;
(8)
Off-site response measures, including:
9.
Visual Inspections and Monitoring.
(a)
All equipment and portions of the major facility in service
using hazardous substances, as well as all cleanup and removal equipment
and supplies, shall be visually inspected in accordance with standard
operating procedures. Visual inspections shall be performed at a minimum
according to the following schedule:
(1)
Prior to each marine transfer for adequacy, deterioration, leaks
or discharges, all transfer area lighting and all aboveground transfer
valves, pumps, flanges, flexible hoselines and connections, unless
they are not readily accessible, that are to be used in the transfer;
(2)
Once daily for integrity and leaks, all secondary containment
systems and diversion systems for aboveground storage tanks which
are not impermeable;
(3)
Once daily or prior to each use, whichever is less frequent,
for integrity, deterioration and leaks, loading or unloading areas,
including flexible hoselines;
(4)
Once weekly for integrity and leaks, process areas;
(5)
Once monthly for integrity and leaks, all other storage areas
and secondary containment or diversion systems, and all aboveground
pipes; and
(b)
Records shall be kept for all visual inspections. These records
shall document the date, person performing the inspection, any problems
found, including if no problems were found, and the subsequent correction
of such problems.
Cleanup of all leaks or discharges of hazardous substances shall
begin promptly upon detection. Loose quantities of hazardous substances
shall not be allowed to persist on grounds, floors, walls or equipment,
or any other places within the transmission pipeline.
(c)
The transmission pipeline operator or owner shall keep on hand,
in convenient locations, adequate quantities of sorbent materials,
chemical neutralizing agents or other materials as needed, sufficient
to contain and clean up those small leaks or discharges that transmission
pipeline personnel will respond to, as described in the DCP.
(d)
The transmission pipeline operator or owner shall maintain an
adequate supply of protective safety equipment, such as chemically
resistant coveralls, boots, or respiratory protection, in convenient
locations for use by any personnel who are required to clean up leaked
or discharged hazardous substances. Where protective safety equipment
is required by any regulation of the Federal Occupational Safety and
Health Administration, compliance with such regulation shall be deemed
to fulfill this requirement.
(e)
Secondary containment or diversion systems shall be maintained
in good repair, free of accumulated debris, and free of cracks through
which hazardous substances could be discharged.
10.
Employee Training.
(a)
Owners or operators of transmission pipelines shall implement
an appropriate program for training their employees involved in the
handling of petroleum and hazardous substances and shall maintain
a written description of the program.
(b)
The training program shall include, at the minimum, the following;
(1)
A written job description which includes the duties and responsibilities
relating to hazardous substances for each position, and training necessary
to qualify for the position;
(2)
Specified time periods of in-house training for each position
covering orientation, specific substances training and on-the-job
training, and periodic refresher training; and
(3)
Procedures to determine whether an employee has demonstrated
the ability to carry out the duties and responsibilities of a specific
position.
(c)
The training which all employees involved in the handling of
substances will receive shall include:
(1)
General orientation and initial training of new employees before
assignment to transmission pipeline operations, which shall include
instruction on the general site rules and practices, and safety procedures;
(2)
Job-specific training for new or newly assigned employees involved
with petroleum and hazardous substances, consisting of classroom and/or
on-the-job training, as appropriate, which covers:
(i)
Standard operating procedures, including a detailed
review of the hazardous substance material safety data sheets, the
safe handling practices for the substance, the hazards of the operation
involving the substance, and the application of standard operating
procedures to actual conditions;
(ii)
Safety, equipment, and procedures used in the
cleanup and removal of a specific hazardous substance;
(iii)
Procedures regarding fires, leaks and discharges;
and
(iv)
Equipment familiarization;
(3)
Training on updated or new standard operating procedures; and
(4)
Refresher training at least once a year which shall present
an overview and updated information, and which can be combined with
such training required under any other State or Federal requirement.
(d)
The training program shall specify the qualification required
for the personnel responsible for training employees working with
petroleum and hazardous substances.
(e)
Documentation of all training, including final qualifying activities,
shall be kept on-file for each employee and shall include identification
of all personnel trained, subjects covered and training dates.
(f)
Owners or operators shall have procedures to insure that all
employees utilized by outside contractors have received site-specific
information covering emergency and safety procedures.
11.
Security.
(a)
Facilities associated with transmission pipelines shall be adequately
illuminated so that personnel can detect intruders, leaks, or discharges.
Lighting intensities shall not exceed Township Code within residential
areas.
(b)
Transmission pipelines shall have security sufficient to prevent
unauthorized persons from gaining access to hazardous substances.
12.
Standard Operating Procedures.
(a)
The owner or operator of transmission pipelines shall have written
standard operating procedures for all operations involving petroleum
and hazardous substances. They shall be in English in a manner understandable
by employees of the major facility and shall also be written in the
language of fluency of employees utilizing those Standard Operating
Procedures (SOPs) not fluent in English.
(b)
A copy of the standard operating procedures shall be readily
available to employees.
(c)
A copy of material safety data sheets or fact sheets for each
substance used or stored at the transmission pipeline shall be readily
available to employees.
(d)
The SOPs shall include, at a minimum, the following:
(1)
A description of the operation;
(2)
Procedures for visual inspection of equipment;
(3)
Procedures and conditions for normal operation;
(4)
A description of leak monitoring equipment and alarms; and
(5)
A description of leak or discharge conditions which could occur
from the operation, including the control and mitigation procedures
to be followed to reduce the impact of the leak or discharge conditions.
(e)
As appropriate for the operation being described, the following
items, in addition to those in above, shall be included in the SOPs:
(1)
Simplified process flow sheets, showing flows, temperatures,
and pressures;
(2)
A description of the most frequent abnormal conditions, including
the control and mitigating procedures to be followed to return to
normal conditions;
(3)
Pre-startup procedures;
(4)
Startup procedures including conditions to be maintained during
startup;
(5)
Shutdown procedures including provisions for normal and emergency
shutdown and details on the condition of equipment to be maintained
after shutdown;
(6)
Procedures to perform and inspect maintenance work; and
(7)
Log sheets and checklists.
(f)
A generic SOP may be written when more than one piece of equipment
designed to perform the same function is located at the transmission
pipeline. Such a generic SOP must cover all substances utilized with
all the equipment and must delineate any special conditions associated
with a specific piece of equipment or hazardous substance.
(g)
Modifications to the SOPs shall be incorporated into the standard
operating procedures prior to their implementation.
(h)
A current index of the SOPs, including title(s), identification
number(s) and latest date(s) of issue shall be maintained and readily
available.
13.
Recordkeeping.
(a)
The owner or operator of a transmission pipeline shall maintain
records of employee training, drills for discharge prevention, inspections
of cleanup and removal equipment, and transmission pipeline inventories
for a period of three years.
(b)
The owner or operator of a transmission pipeline shall maintain
records of inspection and repair for 10 years or the lifetime of the
equipment, device, or structure, whichever is shorter, for:
(c)
For aboveground storage tanks, the owner or operator shall maintain
records of integrity testing, inspection, and repair for the lifetime
of the tank.
(d)
All records shall be available for inspection upon the request
of the appropriate local agencies.
14.
Notification of Malfunctions in Discharge Detection Systems.
(a)
The owner or operator of a transmission pipeline shall immediately
notify the NJDEP and the Township of any malfunction of a discharge
detection or other discharge monitoring, prevention or safety system
or device. In the event that this number is inoperable, any owner
or operator shall immediately notify the New Jersey State Police.
(b)
Notification received by the NJDEP and Township pursuant to Subsection (a) above within 15 minutes of the time that the owner or operator knew, or reasonably should have known, of the occurrence of a malfunction shall be considered immediate. It shall be presumed that notification received by the NJDEP and the Township more than 15 minutes after the owner or operator knew, or reasonably should have known, of the malfunction is not immediate.
(c)
Within two hours of the initial notification, the owner or operator
shall notify the NJDEP and the Township that one of the following
situations exists:
[Ord. No. 2017-20]
a.
Permitted aboveground storage tanks shall meet the following standards:
1.
Aboveground storage tank installations shall be provided with secondary
containment equal to 110% of the volume in the primary tank.
2.
The base underlying the storage tank shall be made of or surfaced
with a material impermeable to passage or chemical attack by the stored
substance under the conditions of storage prevailing within the tank.
Existing storage tanks shall be exempt from this requirement until
such time as they may require substantial reconstruction or replacement,
or the bottom is being replaced, unless the Township orders a storage
tank removed from service because of the likelihood of a discharge.
Before such a tank is returned to service, it must meet this requirement.
3.
Pipes leading to and from aboveground storage tanks which enter the
tank below the liquid level shall be equipped with valves that can
be remotely activated or are readily accessible in the event of a
leak or discharge, and which are sufficiently close to the tank that
they can prevent the contents of the tank from escaping outside the
secondary containment area in the event of a pipe failure outside
the containment area. Such pipes shall not penetrate or pass through
any walls, dikes or berms used as secondary containment, unless the
impermeability or integrity of the secondary containment is not impaired.
b.
Tanks shall be attended at all times during the filling procedure.
c.
Storage tank overfill lines, or vent lines on storage tanks without
overfill lines, where they exist, shall be protected by secondary
containment, or directed into other tanks, or other appropriate holding
areas.
d.
If a storage tank is served by internal heating coils, such coils,
the pipes leading to and from them, and the appurtenances to which
they connect, must be designed so that any leakage passing from the
tank into the heating coil system will be captured and contained in
a secondary containment or wastewater treatment system.
e.
All non-residential aboveground storage tanks shall have a high liquid
level audible or visual alarm set to activate at a predetermined level
and designed to alert personnel directly responsible for the filling
operation of high liquid level conditions, and one of the following:
1.
A high-high liquid level pump cutoff device, with a level detector
separate from the high liquid level detector, designed to stop flow
at a predetermined level;
2.
Direct communication between tank gauge and pumping station, such
as direct line of sight, or telephone or radio communication; or
3.
Fast response systems for determining liquid levels, which result
in rapid shutdown of pumping.
f.
Mobile or portable storage tanks shall be positioned or located so
as to be protected by secondary containment or diversion structures.
g.
Totes and drums shall be stored on or within secondary containment
or diversion systems.
[Added 12-19-2019 by Ord. No. 2019-19]
a.
Purpose. The Township recognizes its obligation under the New Jersey
Fair Housing Act to provide for its "fair share" of the regional need
of low- and moderate-income (affordable) housing. The PI-AHO Professional
and Institutional Affordable Housing Inclusionary Overlay Zone is
established to provide an affordable housing overlay development option
allowing townhouses and/or apartments on Block 128, Lot 9, to address
a portion of the Township's affordable housing obligation subject
to the affordable housing set-asides prescribed below.
b.
Area and density requirements.
1.
Minimum area: each development shall have a minimum tract area of
three acres. Public or private roads, easements or rights-of-way shall
not be deemed to divide acreage of a development.
2.
Maximum density: 12 dwelling units/acre.
3.
Minimum lot size per dwelling: a minimum lot size of 1,200 square
feet shall be required for all fee simple townhouse dwelling units.
c.
Maximum building coverage.
1.
The total ground floor area of all buildings shall not exceed 30%
of the lot area.
d.
Maximum impervious coverage.
1.
The total area of all impervious surfaces shall not exceed 60% of
the lot area.
e.
Setback requirements.
1.
No principal building shall be located within 30 feet of a public
street or exterior property line of the tract nor within 10 feet of
any internal roadway.
2.
No townhouse dwelling structure shall have more than two continuous
attached dwelling units with the same front building line, and such
variations in the building line shall be offset at least four feet.
f.
Distance between buildings: minimum distances as specified below
shall be maintained between principal buildings:
|
Positions of Building Walls
|
Minimum Distance Between Buildings at Any Point
(feet)
|
|---|---|
|
Front facing front
|
50
|
|
Front facing rear
|
50
|
|
Front facing side
|
25
|
|
Rear facing rear
|
50
|
|
Rear facing side
|
30
|
|
Side facing side
|
15
|
g.
Building requirements.
1.
Height: no building shall exceed a height of 2 1/2 stories or
35 feet, whichever is the lesser, except that existing buildings in
excess of the permitted number of stories or height may be re-used
for any permitted principal or accessory use.
2.
Units per building: no townhouse building shall contain more than
six dwelling units.
h.
Dwelling unit requirements.
1.
Each dwelling unit shall contain as a minimum a separate living room,
a separate bedroom, a separate bath, a room for storage and utilities,
and a kitchen, which kitchen facility shall be located separate and
apart from other rooms in the unit with the exception of the dining
room.
2.
Minimum floor area. Each dwelling unit shall have a minimum floor area, as "floor area" is defined in § 30-6, in accordance with the following schedule:
|
Number of Bedrooms
|
Minimum Required Floor Area Per Dwelling Unit (in square feet)
|
|---|---|
|
1
|
900
|
|
2
|
1,150
|
|
For each additional
|
200 additional
|
3.
No basement shall contain a bedroom.
4.
Each dwelling unit shall have at least two private outside entrances.
5.
Each dwelling unit shall contain its own heating plant and system
and shall constitute a separate, independent unit for metering and
all other purposes with respect to all required utilities and similar
conveniences. No central or common laundry or similar facilities intended
for two or more units shall be permitted.
6.
Each dwelling unit shall have at least one individual private yard
area, balcony, deck, open patio or court adjoining the unit and having
a width of at least 15 feet and an area of at least 150 square feet.
Each private yard area, patio, court or deck shall be effectively
screened in order to provide a reasonable degree of privacy.
7.
In addition to the above requirements, a storage space with separate
access and containing a minimum of 80 square feet of floor area shall
be provided for each dwelling unit in the basement of the building
in which the unit is located or in the garage serving the unit. Storage
space located in a garage shall not encroach upon or be located above
a minimum area of 10 feet by 20 feet for the parking of a motor vehicle.
8.
The layout and arrangement of buildings and their design shall incorporate
energy saving and green design features where practicable.
i.
Accessory buildings.
1.
Setbacks. Accessory buildings shall meet the street, property line
and internal roadway setbacks of the principal buildings and shall
be at least 25 feet from a principal building and 15 feet from another
accessory building. Detached garages shall be at least 15 feet from
a principal building or from any other garage or accessory building.
Clubhouses, swimming pools and recreation facilities shall be at least
100 feet from a property line.
2.
Height. The maximum height of an accessory building shall be 15 feet
except for clubhouses which shall not exceed 28 feet in height. Existing
buildings in excess of the permitted number of stories or height may
be re-used for any permitted principal or accessory use.
3.
When a clubhouse or other accessory building is attached to a building
containing a permitted principal use, the bulk requirements for the
permitted principal use shall apply.
4.
Design. Architectural design and materials used in the construction
of accessory buildings shall conform to or complement the style of
construction of principal buildings.
j.
Off-street parking and internal roadways. Off-street parking and internal roadways shall conform to the provisions of Subsection 30-64.2, and, in addition, the following requirements shall be met:
1.
All off-street parking areas and internal roadways shall be paved,
bounded by permanent curbing and constructed in accordance with Township
of Chatham road specifications; provided, however, that, upon recommendation
of the Township Engineer, the requirement of curbing may be waived
or modified when found not to be needed for control of stormwater,
protection of pavement and similar purposes.
2.
Parking areas shall be located at least five feet from a building
and 15 feet from a property line.
3.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, internal roadways shall be at least 24 feet in width for
two-way traffic and 12 feet in width for one-way traffic and shall
not enter a street within 50 feet of an existing intersection. Drives
leading from internal roadways to parking areas shall be at least
20 feet in width.
4.
The arrangement and location of garages, parking areas and internal
roadways shall be subject to approval of the Planning Board and shall
be designed to insure maximum safety, proper circulation and maximum
convenience for residents and their guests.
5.
Sidewalks shall be provided along at least one side of any internal
road serving the development.
6.
Unless otherwise provided in the New Jersey Residential Site Improvements
Standards, minimum requirements for off-street parking spaces shall
be as follows for low- and moderate-income housing units:
|
1 bedroom
|
1.75 parking spaces
|
|
2 bedroom unit
|
2.0 parking spaces
|
|
3 or more bedroom unit
|
2.5 parking spaces
|
k.
Landscaping and common open space.
1.
There shall be provided a minimum of 30% of the entire tract for
common open space, which shall be deed restricted against future development
and managed by the homeowners association. Said open space shall not
contain any impervious surfaces, detention facilities or other structural
or infrastructure improvements.
2.
The common open space, where improved, shall be attractively landscaped
with varieties of flowering plants, grasses, trees and shrubs that
will serve to minimize water use. All proposed landscaping, including
existing and new trees, shrubs and natural screening shall be shown
on the site plan submitted to the Planning Board for approval.
3.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, sidewalks or walkways constructed in accordance with the
Township specifications shall be provided in such locations and of
such widths as required and approved by the Planning Board to insure
safe and convenient pedestrian traffic.
4.
Sidewalks shall be provided along Southern Boulevard within the development.
5.
Effective screening by a fence or wall no less than five feet nor
more than seven feet in height shall be provided to shield parking
areas and other common facilities from view of adjoining residential
properties; provided, however, screening by hedge or other natural
landscaping may be substituted for the required fence or wall if approved
by the Planning Board as part of the site plan.
6.
Lighting. Adequate artificial lighting shall be provided in parking
areas and along sidewalks, walkways and internal roadways. The source
of lighting shall be directed downward, away from buildings and adjoining
streets and property lines. Lighting fixtures shall be so arranged
that the direct source of light is not visible from any adjacent property.
l.
Utilities.
1.
Adequate provision shall be made for stormwater drainage, water supply
and sewage treatment and disposal.
2.
All telephone, electric and CATV service, including outdoor lighting
on the property, shall be by underground conduit.
3.
Fire hydrants. Fire hydrants shall be installed at locations specified
by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the dwelling units. All such hydrants shall conform to the
standards of the National Board of Fire Underwriters or Township requirements,
whichever is more restrictive.
4.
Solid waste, including recyclable materials. Suitable provision shall be made for the orderly deposit and pickup of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of § 18-1 of the Revised General Ordinances of the Township of Chatham as well as the following:
(a)
Each receptacle shall be located in a completely enclosed building.
(b)
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
(c)
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
m.
Developer's obligation to provide affordable housing.
1.
Prior to the issuance of any construction permit, and as a condition precedent to the grant of any approval of a development application by the Planning Board, Board of Adjustment or Zoning Officer, as applicable, a developer shall be required to enter into an agreement with the Township Committee to construct at least 15% to 20% of all dwelling units as low- and moderate-income housing units as prescribed in Subsection 30-84m2 below. At least 50% of the rental units shall be available to low-income households with the remainder available to moderate-income households. The required agreement shall make provisions for the developer's obligation to construct the affordable units and the phasing of construction of market units shall provide for the construction of affordable units in tandem with the market units according to the requirements of N.J.A.C. 5:93-5.6(d).[1]
[1]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
2.
The required minimum residential densities and affordable housing
set-asides shall be as follows:
(a)
Townhouse or other for-sale units: 12 dwelling units per acre
with a 20% affordable housing set-aside; and/or
(b)
Multifamily rental housing, such as garden apartments: 12 dwelling
units per acre with a 15% affordable housing set-aside.
(c)
Townhouse and multifamily at the prescribed densities and set-asides
identified above may be mixed on single parcel of land.
n.
Development option. The PI-AHO Professional and Institutional Affordable
Housing Inclusionary Overlay Zone provides a development option allowing
townhouses and/or apartments on Block 128, Lot 9, at the election
of the owner. The PI-AHO Professional and Institutional Affordable
Housing Inclusionary Overlay Zone does not supersede the existing
underlying PI-1 Professional Institutional District and does not render
existing uses on Block 128, Lot 9, nonconforming.
[Ord. No. 2-79 § 705.1]
No land or premises shall be used and no building or structure
shall be erected, raised, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted herein, for the zone
district in which it is located, and all construction shall be in
conformity with the regulations provided for the zone district in
which such building or premises is located.
[Ord. No. 2-79 § 705.2]
Each of the sections and provisions of this § 30-96 shall apply to all zone districts unless otherwise stated.
[Ord. No. 2-79 § 705.3]
The control and regulation of the uses of buildings and structures
as herein provided shall equally apply to the nature and extent of
the use of the land.
[Ord. No. 2-79 § 705.4]
Any use or structure existing at the time of the adoption of
the original zoning ordinance of the Township on June 3, 1943 or any
amendment thereto and which did not meet the requirements of such
ordinance or any amendment thereto at the respective times of adoption
may be continued upon the lot or in the building so occupied and any
such structure may be restored or repaired in the event of partial
destruction thereof. This provision shall not be construed as authorizing
the continuance of any use which was contrary to zoning ordinance
provisions at the time of the inception of such use.
[Ord. No. 8-86 § 16]
A prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which nonconforming use of structure
exists may apply in writing for the issuance of a certificate certifying
that a particular use or structure existed before the adoption of
the ordinance which rendered the use or structure nonconforming.
An applicant for a certificate shall have the burden of proof.
Application for such a certificate may be made to the Zoning Officer within one year of the adoption of the chapter which rendered the use or structure nonconforming. Application for such a certificate may be made to the Zoning Board of Adjustment at any time, and any denial of an application for a certificate by the Zoning Officer shall be appealable to the Zoning Board of Adjustment. The provisions of Sections 59 through 62 of the Municipal Land Use Law, N.J.S.A. 40:55D-72 through 75, and the hearing and notice of hearing requirements of § 30-12 of this chapter shall apply to any application or appeal to the Zoning Board of Adjustment.
Every certificate issued pursuant to this section shall include
a description of the nature and extent of the nonconformity in sufficient
detail to establish a record that will be available in the event that
questions may arise as to subsequent enlargement or expansion of the
nonconforming use covered by the certificate.
Copies of every certificate issued by the Zoning Officer shall
be forwarded to the Zoning Board of Adjustment and Planning Board.
Copies of every certificate issued by the Zoning Board of Adjustment
shall be forwarded to the Zoning Officer and Planning Board.
[Ord. No. 2-79 § 705.5]
Any vacant lot or plot legally established and existing which
fails to comply with the minimum lot area or dimension requirements,
or both, of this chapter may be used for a single family dwelling
if not otherwise prohibited in such district in which it lies provided
all of the following requirements are complied with:
[Ord. No. 2-79 § 705.6; Ord. No. 1-82 § 5; Ord. No. 2007-15 § 1]
Notwithstanding any other provision of this chapter, any existing
single family residence that does not meet the minimum yard set-back
requirements for the residence zone in which it is located may be
maintained, repaired or improved. Additions shall be permitted on
the first floor of the dwelling, but may not encroach any further
into any required front, side or rear yard than the existing structure.
Additions extending above the first floor of the dwelling shall meet
all yard setback requirements for the zone in which the dwelling is
located, unless the existing upper floor extends into a required front,
side or rear yard, in which case the addition may not encroach any
further than the existing upper floor. However, no addition shall
be permitted that involves any construction closer at any point to
any property line than the distance set forth in the pertinent schedule
below:
Distance from street right-of-way line: 25 feet
Distance from any side lot line:
|
Width of lot measured from side line to side line by the shortest
distance passing through the point of the building nearest the street
|
Distance Required
|
|---|---|
|
Over 80 feet but not more than 100 feet
|
12 feet
|
|
Over 70 feet but not more than 80 feet
|
9 feet
|
|
70 feet or less
|
6 feet
|
|
Distance from any rear lot line:
|
25 feet
|
All distances referred to in this section shall be measured
at right angles to straight portions and to tangents of curved portions
of lot lines.
The provisions of this Subsection 30-96.7 shall also apply whenever a lot, front yard, side yard and/or rear yard is reduced so as not to meet the minimum requirements for the zone in which the residence is located, provided that the reduction is the result of an acquisition of land for road purposes by a governmental entity either by conveyance or condemnation.
[Ord. No. 2-79 § 705.7; Ord. No. 9-79 § 19]
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter. Subdivision shall be effected in accordance with Article 6. Site plan approval is not required for one or two-family dwellings except for site plans required under § 30-97 for properties within critical areas. For all other uses, however, site plan approval shall be obtained in accordance with Article 6, and all provisions of Article 6 relating to the installation of improvements and design standards applicable to the particular use shall be met.
[Ord. No. 2015-10; Ord. No. 2018-05; Ord.
No. 2018-07; Ord. No. 2018-24 § 2]
a.
Where a use is not specifically permitted in a zone district, it
is prohibited.
b.
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.
[Amended 4-22-2021 by Ord. No. 2021-08]
c.
Smoke and vape shops are prohibited in all zone districts.
[Ord. No. 2-79 § 705.9]
All yards, open spaces and off-street parking must be contained
on the lot and within the zone district in which the use is located.
[Ord. No. 2-79 § 705.10]
No lot, yard, parking area or other space shall be so reduced
in area or dimension as to make said area or dimension less than the
minimum required under this chapter. If already less than the minimum
required under this chapter, said area or dimension shall not be further
reduced.
[Ord. No. 2-79 § 705.11; Ord. No. 20-81 § 6; Ord. No. 24-81 § 8]
Only one principal building may be erected on a lot except for
related buildings forming one principal use in the same ownership
or in condominium ownership and limited to the following:
a.
Multi-family dwelling complexes.
b.
Public or institutional building complexes.
c.
Office building and research laboratory complexes where permitted
as conditional uses in the R-1A District.
d.
Office building complexes in the PI District.
e.
Unless otherwise permitted by regulations in this chapter, no building
shall be located closer to another building on the same lot than the
height of the taller building.
[Ord. No. 2-79 § 705.12; Ord. No. 1-80 § 6; Ord. No. 97-042 § 1; Ord. No. 2000-025 § 1; Ord. No. 2008-09 § 3]
Except as otherwise provided in this chapter, structures which are accessory to a principal building are permitted in all zones as regulated below. A zoning permit is required prior to the installation of an accessory building and a construction permit is required for any building/structure with a ground coverage exceeding 100 square feet, all in accordance with Subsection 30-75.4b. Unless otherwise provided elsewhere in the Township Code, a fee of $25 shall be charged for each permit.
a.
Structures Accessory to One-Family Dwellings:
1.
No lot shall contain more than two accessory buildings, only one
of which may be a detached garage.
2.
An accessory building, other than a detached garage, shall have a
maximum lot coverage area of 150 square feet. A detached garage shall
have a maximum lot coverage area of 500 square feet.
3.
Except for structures used in connection with farming operations,
no accessory structure shall exceed a height of one story and shall
not exceed 15 feet, provided that a detached garage may have a height
not exceeding 18 feet. Accessory structures used in connection with
farming operations shall not exceed a height of 35 feet.
4.
Except for ornamental structures such as flagpoles and lampposts,
no accessory structure shall be located closer to a street than the
principal building. On corner lots, an accessory structure shall not
be located closer to a side street than the minimum front yard requirement
for the adjoining lot.
5.
Accessory structures located in side yards shall meet the sideyard
setback requirements for principal structures. Except for structures,
such as fences, which are regulated elsewhere in this chapter, accessory
structures other than buildings shall not be located closer to a side
property line than the height of the accessory structure. No patio
shall be located closer to the side property line than the sideyard
setback for the principle structure.
6.
Accessory structures located in rear yards shall not be located closer
to a property line than the minimum sideyard requirement for a principal
structure. Except for structures, such as fences, which are regulated
elsewhere in this chapter, accessory structures other than buildings
shall not be located closer to a property line than the height of
the structure, provided that no patio shall be located closer to the
rear property line than the sideyard setback for the principle structure.
7.
An accessory structure shall not be located closer than 10 feet to
any other structure, except for patios which may abut another structure.
8.
Other than electricity and water, accessory buildings shall have
no utility services. Water closets are prohibited.
b.
Structures Accessory to Other Uses. Structures accessory to other
uses shall meet all the requirements applicable to principal buildings.
c.
Notwithstanding any other provision of this chapter, a structure
accessory to an existing permitted use may be erected upon a lot in
single ownership which is nonconforming solely by reason of lot area
or dimensions, provided that the accessory structure meets all of
the applicable accessory structure requirements.
[Ord. No. 2-79 § 705.13; Ord. No. 2-88 § 1; Ord. No. 96-23 §§ 2, 3; Ord. No. 99-032 § 1; Ord. No. 2008-09 § 4; Ord. No. 2010-09 § 2]
a.
Required Yards. Every lot must provide front, side and rear yards
as required for its zone. All front yards must face upon a dedicated
public street or private street approved by the Township Committee.
b.
Front Yards on Streets Less than 50 Feet Wide. On streets less than
50 feet in width, the depth of the required front yard shall be increased
by 1/2 the difference between the width of the street and 50 feet.
c.
Yards for Corner Lots. Structures erected on corner lots shall meet
the front yard requirements for each abutting street, provided, however,
that this requirement shall not apply to a lot which became a corner
lot either a. as the result of the dedication of a street right-of-way
in connection with approval for the development of adjacent land or
b. as the result of the establishment or acquisition of a public street
right-of-way by any governmental entity, whenever such dedication,
establishment or acquisition occurred subsequent to the erection of
a principal structure on each lot. Structures erected on corner lots
shall meet the rear yard requirements for the yard opposite the designated
principal frontage.
d.
Visibility Across Corner Lots. Notwithstanding any other provision
of this section, on a corner lot no fence, trees or plantings, sign
or other object shall be erected or maintained which presents a traffic
hazard by reason of the fact that the operator of a vehicle approaching
the corner on one street could not adequately and without hindrance
observe another vehicle approaching the corner on another street when
such vehicles are within 90 feet of the point of intersection of the
centerline of the respective streets.
e.
Projections into Required Yards. Notwithstanding any other provision
of this section, the following may project into any front, side or
rear yard required in the various zones: chimneys; and portions of
a building including but not limited to eaves, bay windows, oriels,
balconies, overhangs and coverings over steps, provided that no such
portion of a building shall project more than three feet into any
required front, side or rear yard. Porticos and uncovered landings
or entryways may project into the front yard not more than six feet,
and providing further that the portico or uncovered landing does not
exceed 54 square feet in lot coverage within the front yard setback
except in the R-4 Residential District wherein such projection may
not exceed five feet, and providing further that the portico or uncovered
landing does not exceed 45 square feet in lot coverage within the
front yard setback.
f.
Minimum lot widths at the street line at the setback line for a corner lot shall equal 125% of the respective minimum lot widths for the zone in which the corner lot is located as set forth in the Schedule of Zoning Requirements, Appendix I included as an attachment to this chapter.
g.
Stream Setbacks. Notwithstanding the foregoing provisions or any
other provisions of this chapter, no structure or impervious surface
shall be erected or installed within a distance of 25 feet of the
top of the bank of any stream or State Open Waters. In addition, no
permanent structure or impervious surface shall be erected or installed
within 100 feet, as measured from the top of the bank, of the Passaic
River and the main stem of the Loantaka Brook, provided that the approving
authority may waive or modify this requirement for single family detached
homes on existing lots of record, provided that the area to be disturbed
does not exceed 4% of the area of the lot. For purposes of the Subsection,
a stream shall be defined as a natural watercourse having a source
and terminus, banks and a channel through which water flows in a definite
direction either continuously or intermittently.
[Ord. No. 2-79 § 705.14; Ord. No. 34-85 § 2; Ord. No. 99-46 § 2; Ord.
No. 2000-004 §§ 1, 2; Ord. No. 2001-017 § 3; Ord. No. 2002-016 § 2; Ord. No. 2004-012 § 1]
a.
HEIGHT
TOE OF THE WALL
TOP OF THE WALL
Definitions.
The height of a fence shall be measured from the highest
part of the fence to the ground directly below. The height of a wall
shall be measured from the toe of the wall to the top of the wall.
Shall mean the intersection of the face of a wall and the
adjacent ground at the base of the wall.
Shall mean the highest elevation of any part of the wall.
b.
Locations Applicable to all Fences and Walls.
1.
No fence, architectural wall, landscape retaining wall, or structural
retaining wall shall be erected within a public right-of-way.
2.
No fence, architectural wall, landscape retaining wall, or structural
retaining wall shall be erected within a sight triangle easement.
3.
Any fence, architectural wall, landscape retaining wall or structural
retaining wall used to contain livestock shall be located at least
10 feet from a property line or a street right-of-way.
c.
Fences and Architectural Walls.
1.
Maximum Height.
(a)
No architectural wall or fence shall exceed a height of six
feet above ground level; provided, however,
(b)
In the R and AH Districts, a fence used to enclose permitted
tennis courts may be erected to a height of not more than 12 feet
above ground level, and further provided that said fence is located
at least 10 feet from a property line. Upon discontinuance of tennis
court use, any such fence shall either be reduced to a height not
to exceed six feet or removed;
(c)
In the R and AH Districts, a fence consisting of mesh or netting
used to prevent damage by deer may be erected to a height of not more
than eight feet above ground level. Upon discontinuance of such use,
any such fence shall either be reduced to a height not to exceed six
feet or removed.
2.
The use of barbed wire or wire on which barbs or points are strung
is prohibited.
3.
Any architectural wall or fence facing on a street or property line
shall have the front surface exposed to said street or property line.
d.
Retaining Walls. Retaining walls shall be divided into two categories:
1.
Landscape Retaining Walls.
(a)
Landscape retaining walls shall not be located closer to a property
line than twice the height of the wall, provided that if the grade
shall be raised, said wall shall be no closer than five feet from
the property line.
(b)
Landscape retaining walls shall be constructed of durable or
preservative treated wood, or other durable materials, and shall be
designed to allow replacement of the wall at the end of its useful
life.
2.
Structural Retaining Walls.
(a)
Construction of all structural retaining walls shall require a construction/zoning permit. For structural retaining wall projects otherwise not requiring lot grading plans per Subsection 30-96.20, the Zoning Officer, upon review of the construction/zoning permit application, shall forward the permit and application to the Construction Official who, upon completion of his/her review thereof, has the authority to require that the applicant obtain a lot grading plan approval per the requirements of Subsection 30-96.20.
(b)
All structural retaining walls shall be designed by a licensed
design professional engineer or architect with signed and sealed plans
submitted to the Township Engineer for review and approval, if a lot
grading plan is required; otherwise, if no lot grading plan is required,
then same shall be submitted to the Construction Official for verification
that the structural retaining wall was designed by the specified professional.
(c)
The construction of all structural retaining walls shall be
inspected by a licensed design professional engineer or architect,
and a signed and sealed certification that the wall has been properly
constructed shall be submitted to the Township Engineer upon completion
of the wall.
(d)
Height of structural walls in any residential district.
(1)
The maximum height of any structural retaining wall, section
of structural retaining wall, or tier of a structural retaining wall
shall be six feet.
(2)
Multiple, staggered or tiered walls shall be considered single
walls unless there is a minimum horizontal distance between the top
of any single section or tier and the base (toe) of the next higher
section or tier is not less than 1 1/2 times the height of the
lower section or tier. If there are more than three single sections
or tiers, the minimum distance between the top of any single section
or tier and the base (toe) of the next higher section or tier shall
be not less than two times the height of the lower section or tier.
(e)
Location of structural retaining walls.
(1)
No portion of a structural retaining wall shall be located within
20 feet of a dwelling structure, unless the structural retaining wall
is an extension of a building foundation wall.
(2)
No portion of a structural retaining wall shall be located within
15 feet of any above ground structure, such as a deck, unless the
structural retaining wall is an extension of a building foundation
wall.
(3)
A structural retaining wall shall be located no closer to a
property line than twice the height of the wall or wall segment closest
to the property line, and the applicant must demonstrate that a failure
of the structural retaining wall will not have an adverse impact on
any adjoining property.
e.
Design of Structural Retaining Walls.
1.
The applicant shall demonstrate how all segments of the structural
retaining wall, including any bench area located between two tiered
wall sections, shall be maintained.
2.
The applicant shall demonstrate how the structural retaining wall
will be replaced at the end of the wall's useful life.
3.
The top of any structural retaining wall, or tiered wall, with a
total height of greater than four feet, shall be protected through
the use of fencing or, in the alternative, densely planted vegetation.
4.
The bench, or area between the top of one tier and the bottom (toe)
of the next higher tier, shall be properly graded to facilitate drainage.
5.
No landscaping shall be installed in the vicinity of any structural
retaining wall with a root system of such magnitude to exert lateral
pressure, or otherwise cause damage to the wall assembly.
f.
Permit Required. No structural retaining wall shall be constructed
without the prior application for and issuance of a permit to construct
such wall. Application shall be made to the Township Engineer on forms
available from the Township Clerk. The application fee shall be $250.
[Ord. No. 2-79 § 705.15]
The height limitations provided for the respective zones shall
not apply to a. any chimney which extends no more than five feet above
the highest point of the roof of the building of which it is a part,
b. any steeple, belfry, cupola, or flagpole of a church or public
building, or c. any radio or television antenna affixed to the chimney
or roof of a single-family residence which extends no more than 10
feet above the highest point of the roof.
[Ord. No. 2-79 § 705.16; Ord. No. 9-79 § 20; Ord. No. 2010-14 §§ 1, 2; Ord. No. 2011-11 § 1]
a.
General. None of the following shall be stored, kept, maintained
or discarded on any land within the Township: any motor vehicle not
licensed for the current license year; any motor vehicle not having
a currently valid inspection sticker; any motor vehicle offered for
sale and not being currently used by the owner for transportation;
any motor vehicle which has not been operated for a continuous period
of 60 days; any motor vehicle not in operable condition (except a
motor vehicle at a public garage awaiting repair, in which event such
motor vehicle shall not be stored for a continuous period of more
than 60 days); any boat (except a boat on a trailer in the rear yard
of an occupied one-family residence); any machinery; any part of a
motor vehicle; any building materials (except in connection with current
building operations upon a particular lot after the issuance of a
construction permit for such lot); any discarded furniture, household
appliances or other debris, salvaged materials, junk or wastes of
any kind.
As used in this section the term "motor vehicle" shall include
any automobile, truck, bus, motorcycle, mobile home, trailer or camper
of any kind, but not farm machinery on a lot where agricultural or
horticultural uses are conducted.
This section shall not apply to storage within a fully enclosed building nor shall it apply to any temporary use for which permission has been granted by the Planning Board pursuant to the provisions of § 30-100.
b.
Portable Home Storage Units.
1.
Portable Home Storage Unit-A portable shed or storage container,
storage unit, shed-like container or other portable structure that
can or may be used for the storage of personal property of any kind
and which is located for such purposes outside an enclosed building
other than an accessory structure.
2.
A portable home storage unit may be placed upon any property only
upon the issuance of a permit by the Zoning Officer. The applicant
must submit an insurance certificate providing liability insurance
in the amount of $100,000 by the company supplying the unit. The application
fee is $25.
3.
Permits will be granted for a period of 90 days. At the expiration
of the ninety-day period, the permittee may seek one extension of
the permit for up to an additional 90 days for an additional fee of
$25.
4.
Portable home storage units are prohibited from being placed in streets
or in front yards of a property. Such units must be kept in the driveway
of the property at the furthest accessible point from the street.
All locations must be paved off-street surfaces. The applicant must
obtain preapproval from the Zoning Officer in the following situations:
5.
This subsection shall be enforced by the Police Department and the
Zoning Officer.
[Ord. No. 2-79 § 705.17]
No excavations shall be maintained except those necessary for
the foundations of structures, or in connection with the installation
of facilities for permitted uses, and such excavations shall be used
for the intended purpose within a reasonable time or shall be refilled
to the average surrounding ground level in such a manner as to prevent
the collection of water, erosion of earth, or collapse or sliding
of steep banks. Nothing herein shall be construed to affect soil removal
pursuant to permission granted under provisions of "An Ordinance to
Regulate the Removal of Soil for Use Other than on the Premises and
Providing Penalties for the Violation Thereof," adopted September
9, 1952, as amended.
[Ord. No. 2-79 § 705.18; Ord. No. 96-26 § 1; Ord. No. 2000-025 § 1; Ord. No. 2006-14 § 2; Ord. No. 2010-08]
a.
A garage or carport and driveway shall be constructed for each one-family
residence, and such garage or carport shall be connected by a driveway
to the abutting street. The garage or carport and driveway shall be
located on the same lot as the principal use to which the garage or
carport and driveway are accessory. No required garage or carport
space shall be converted to another use unless a new garage or carport
space is provided. The grade of any driveway shall not exceed 15%.
Not more than one commercial vehicle of a rated capacity not exceeding
3/4 ton owned or used by a resident of the premises may be garaged
on the premises. In the R-3 Residence District only, no driveway shall
exceed 150 feet from the street right-of-way line as measured to a
point 150 feet from and perpendicular to the street right-of-way line.
b.
Side Entry Garages. A driveway turnaround 24 feet in width is required
perpendicular to the opening of each side entry garage.
[Ord. No. 2-79 § 705.19; Ord. No. 9-79 § 21; Ord. No. 34-85 § 3; Ord.
No. 25-90 § 1; Ord. No.
18-91 §§ 1, 2; Ord.
No. 96-21 § 1; Ord. No.
97-036 § 1; Ord. No. 98-002 § 2; Ord. No. 99-029 § 4; Ord. No. 2001-017 § 3; Ord. No. 2002-015 § 1; Ord. No. 2008-09 § 5; Ord. No. 2011-13; Ord. No. 2013-17; amended 6-27-2019 by Ord. No. 2019-10]
a.
Applicability. In order to provide against the adverse consequences
of uncontrolled surface water drainage and to prevent soil erosion
and control sediment deposition associated with land disturbance including
but not limited to construction activities, a lot grading plan shall
be submitted and approved prior to the issuance of a construction/zoning
permit for the following activities:
1.
The erection of any new structure, any addition, repair or renovation
to an existing structure involving an extension of the foundation
of the existing structure, any of which is not shown upon an approved
site plan; or
2.
Any of the following activities:
3.
The demolition of a structure if the land disturbance beyond the
footprint of the structure exceeds 1,000 square feet (excluding the
square feet of the structure).
b.
Waiver.
1.
The Township Construction Official may grant a waiver from the requirements
of this subsection with respect to an addition to a single-family
dwelling if the Township Construction Official determines that the
addition involves less than 1,000 square feet of impervious coverage,
does not affect any steep slopes or critical areas, and does not require
any significant changes in the existing grading of the lot. Any such
determination shall be made upon the basis of the construction plans
and such further information as may be requested from the owner of
the property by the Township Construction Official.
c.
Lot grading plan details. A lot grading plan showing the proposed
final grading of the lot shall be reviewed and approved by the Township
Engineer in accordance with the provisions of this subsection and
more specifically as follows:
1.
The lot grading plan shall be approved by the Township Engineer prior
to the issuance of a construction permit. Initially, said approval
shall constitute authorization only to construct the foundation of
the building. The lot grading plan shall be accompanied by architectural
plans showing the height of the building in order to allow determination
of compliance with the height limit established by this chapter, in
accordance with the procedure set forth in this subsection. The first
floor elevation of the building shown on the lot grading plan shall
be within 18 inches of the first floor elevation shown on any grading
plan, which was part of an approved subdivision plat.
2.
Drywells, if required, shall be installed at the same time as the
building foundation is being constructed. Upon construction of the
foundation and drywells, and prior to framing or other further construction,
the applicant shall submit an "as-built" foundation survey confirming
that the first floor elevation of the building is within the 18 inches
of the first floor elevation as shown on said approved subdivision
plat. If the property is not the subject of a grading plan on an approved
subdivision plat, the as-built foundation survey shall confirm that
the first floor elevation is located within 18 inches of the elevation
as shown on the lot grading plan. The foundation survey shall also
illustrate the as-built location of the drywells. An engineer's certification
that the drywell has been installed in accordance with NJDEP BMP manual
must be provided with the foundation survey. Any exceptions shall
be noted in the engineer's certification. No further construction
shall be authorized unless the as-built elevation drawings indicate
that the height of the building satisfies the height limit established
by this chapter and that the drywells will function properly.
3.
Following approval by the Township Engineer of the as-built foundation
survey, and upon framing to the ridge of the roof, but prior to any
sheathing or other construction, as-built elevation drawings of the
building shall be submitted. No further construction shall be authorized
unless the as-built elevation drawings indicate that the height of
the building satisfies the height limit established by this chapter.
4.
The plan shall be prepared by a professional engineer licensed in
New Jersey and shall be drawn to a scale of not less than one inch
equals 30 feet, but may be supplemented by a key map of smaller scale,
and shall be prepared in sufficient detail to show the following:
(a)
The existing surface drainage pattern as it affects the subject
property and all abutting land; Existing drainage areas of stormwater
runoff onto the subject lot shall be fully illustrated on the Lot
Grading Plan.
(b)
The elevation of the street at each limit of the frontage of
the subject property and a permanent feature such as a manhole rim
or set corner or similar structure;
(c)
The location of any existing streams, wetlands, wetland buffers,
watercourses, riparian buffers ponds, storm sewers or drainage facilities
which relate to drainage of surface waters from or to the subject
property;
(d)
Any proposed storm sewers, ditches or other drainage facilities
which will receive surface waters from or to the subject property;
(e)
The proposed location of all surface and subsurface structures
for which a construction permit is being sought;
(f)
The elevation of the finished garage floor, top of foundation,
first floor of the structure, and top of finished roof ridge proposed
for the subject property, and the proposed lowest elevation within
15 feet of the proposed structure;
(g)
The proposed location of all roof leader drains, driveways,
dry wells, underdrains, utility lines below ground and any individual
sewage disposal system; all underground structures and piping either
proposed or existing shall be illustrated on the lot grading plan.
(h)
The outer limits of all areas in which any grading or filling
is proposed on the subject property;
(i)
Any proposed changes in the existing surface drainage pattern
which will result from the construction proposed for the subject property
including any proposed changes on abutting lands;
(j)
All existing trees with trunks exceeding five inches in diameter
measured at a point four feet above the existing ground level, which
trees are located within the outer limits of the areas mentioned in
Subsection c1(h) above as well as within 10 feet of the outer limits
of any such areas.
(k)
Topography reflecting contours at two-foot intervals and identifying slopes in the following ranges: Less than 15%, 15% to 20%, 20% to 25%, and 25% and greater. Land disturbances shall conform to the requirements of the steep slopes (Subsection 30-96.24) of this chapter.
(l)
Top of wall and toe of wall elevations of all proposed retaining walls shall be clearly delineated at regular intervals on the plan. Retaining walls shall conform to the requirements of the walls and fences (Subsection 30-96.15) of this chapter.
(m)
A letter of interpretation (LOI) from the New Jersey Department
of Environmental Protection (NJDEP) shall be obtained if wetlands
or wetlands buffer are present on the subject property.
(n)
Appropriate storm drainage facilities shall be provided for
protection of downstream properties.
(o)
Any proposed building or structure or attendant protective measures
will not impede the flow of surface water through any watercourse.
Only a nominal increase in water surface elevation and velocities
will be allowed due to construction.
(p)
Any proposed vehicular facilities, including roads, drives or
parking areas, shall be so designed that any land disturbances shall
not cause erosion. Both the vertical and horizontal alignment of vehicular
facilities shall be so designed that hazardous circulation conditions
will not be created.
(q)
Any fill placed on the lot shall be properly stabilized and,
when found necessary depending upon existing slopes and soil types,
supported by retaining walls or other appropriate structures as approved
by the Township Engineer.
(r)
All cuts shall be supported by retaining walls or other appropriate
retaining structures when, depending upon the nature of the soil characteristics,
such structures are found necessary in order to prevent erosion.
(s)
Upon installation of roofing material on a structure, temporary
gutters and downspouts should be immediately installed and connected
to the drywells.
(t)
For all lots with proposed disturbance of a steep slope area
greater than 1,000 square feet, the lot grading plan shall also include,
but not be limited to, mapping/quantification of steep slope areas
and mapping/quantification of steep slope disturbance. The design
standards for disturbance of steep slopes shall be pursuant to the
following standards:
(1)
Proposed disturbance of soil shall be executed in a manner that
will not cause soil erosion.
(2)
Provision shall be made for any structure or protective measures
that proposed slopes may require for the protection of the public
safety, including but not limited to retaining walls, guide rails,
headwalls and fences.
(3)
Sequencing of construction so that the total area of steep slopes
disturbed at one time is 1,000 square feet or, if approved by the
Township, minimized to the maximum extent possible. Detailed plans
must be submitted to illustrate compliance with this requirement.
(4)
Installation of secondary soil erosion and sediment control
(SESC) measures as necessary to act as additional protection of downstream
properties in the case of possible breach or failure of primary SESC
measures.
(5)
Where practical, temporary sedimentation basins should be constructed.
(6)
Snow fencing should be installed at the proposed limit of disturbance
to prevent further disturbance.
(7)
All silt fence shall be "super" silt fence as defined in standards
for SESC in New Jersey as promulgated by the NJDA State Soil Conservation
Committee.
d.
Fees. Four copies of each required lot grading plan shall be filed
with the Township Construction Official, together with an application
fee as determined below:
1.
$1,000 for a lot grading plan that involves a new or substantially
improved principal structure.
2.
$400 for an addition to an existing structure, accessory structure
or land disturbance of over 1,000 square feet.
3.
An additional application fee in an equal amount to the original
must be submitted for each revised plan as determined by the Township
Engineer. This fee is to cover the costs of the review of the plan
by the Township Engineer of the submitted plans.
4.
In addition to standard lot grading fees, all applications proposing
to disturb steep slopes shall also pay an inspection fee for Township
officials to monitor construction activities. The initial inspection
fee shall be $0.25 per square foot of steep slope disturbance. Any
violations of the approved lot grading plan may result in additional
inspection fees being imposed.
5.
Additional inspections. In the event that more than one inspection
of a property are required to be made by the Township Engineer either
by reason of a provision for temporary measures to prevent adverse
effects upon abutting lands or by reason of a failure to comply with
an approved lot grading plan, then the owner of the property shall
pay to the Township an inspection fee for each additional inspection.
Inspection fee shall be calculated in accordance with contractual
prevailing rates with the Township's professionals. All fees for any
such additional inspections shall be paid to the Township prior to
the issuance of a certificate of occupancy for the new structure or
within 30 days upon the Township's receipt of the costs incurred.
6.
Engineering and legal costs incurred by the Township in addressing
or resolving violations of this chapter shall be paid to the Township
by the applicant in accordance with contractual prevailing rates with
the Township. Payment of costs shall be made within 30 days upon the
Township's receipt of the costs incurred.
e.
Review by Township Engineer. The lot grading plan shall be filed
with the Construction Official and shall be reviewed by the Zoning
Officer for zoning compliance. Upon the filing of a lot grading plan,
the receipt of the required fee, and completion of Zoning Officer
review, the Township Construction Official shall submit three copies
of the plan to the Township Engineer.
f.
Subsurface sewage disposal system. In the event that the property
subject of the lot grading plan will be served by an individual subsurface
sewage disposal system, then a complete plan for the system as approved
by the Township Board of Health shall be submitted to the Township
Engineer along with the proposed lot grading plan. In reviewing the
proposed lot grading plan, the Township Engineer shall consider not
only the impacts which the lot grading plan may have upon the proper
functioning of the individual subsurface sewage disposal system but
also any surface drainage impacts which the system, especially a system
with a mound disposal field, may have upon surface drainage on the
subject property and abutting lands.
g.
Standards for approval. The Township Engineer shall not approve a
lot grading plan or revised plan unless the Township Engineer determines
that the plan is designed to control surface waters in a manner that
will minimize the adverse effects of such waters upon the subject
property and abutting lands. In addition, a lot grading plan shall
not be approved unless the following conditions are met:
1.
Driveway grades shall not exceed 15%, except that under unusual conditions
and for short distances the Township Engineer may approve grades not
exceeding 18%, provided the average centerline grade of the driveway
does not exceed 15%.
2.
There shall be no change in existing grade that raises the elevation
of the lot within five feet of a property line. Furthermore, there
shall be no change in existing grade, which raises any portion of
the lot within 15 feet of a property line to an elevation that is
more than four feet above the existing ground level at the property
line. Any new grade shall be at an even slope with the toe of the
slope at the ground level which exists at five feet inside the property
line; provided, however, that, when necessary, swales shall be created
in order to control surface waters in a manner that will protect abutting
lands. Retaining walls shall not exceed six feet in height provided
that for each six inches in height above the pre- or post-construction
grade at the toe of the wall, a retaining wall shall be set back one
foot from the property line to which it is adjacent. Distances from
property lines shall be measured at right angles to straight portions
and radial to curved portions.
3.
Grades steeper than one (vertical) to three (horizontal) should be
avoided. In cases where these grades are unavoidable, provisions for
soil stabilization, access and maintenance of those areas must be
provided to the Township Engineer for approval.
4.
An area of at least 10 feet in width around the foundation of any
building shall be graded downward, away from the foundation, in accordance
with the requirements of the New Jersey Uniform Construction Code.
5.
The lot grading plan complies with the terms and conditions of any development permit issued with respect to the lot pursuant to the provisions of Article 10 (§ 30-113 et seq.).
6.
Roof runoff from any roofed area shall be in accordance with the
New Jersey Uniform Construction Code.
7.
On-site stormwater management. The applicant shall establish adequate
measures for on-site stormwater management, including BMPs, meeting
the following requirements:
(a)
The peak rate of the runoff from the site following completion of the development shall be reduced to 50% and 75% of the predevelopment rates for the two-year and ten-year storms, respectively. The post-development peak rate of runoff for the 100-year storm shall not exceed that which existed prior to development. Every practicable effort shall be made to minimize any increase in volume and to maintain and/or improve the quality of runoff which existed prior to development. Stormwater runoff rates and volumes are to be computed in accordance with Chapter 5 of New Jersey Department of Environmental Protection's Stormwater Best Management Practices Manual.
(b)
Maximum use shall be made of presently existing stormwater runoff
control devices, mechanisms or areas such as existing berms, terraces,
grass waterways, favorable hydrologic soils, swamps, swales, watercourses,
woodlands, floodplains, as well as any proposed retention structures.
(c)
The plans shall avoid the concentration of flow and shall provide
for dissipation of velocities at all concentrated discharge points.
(d)
For calculating runoff and controls, the applicant may use the
Soil Conservation Service Method or the Rational Method depending
upon which is more appropriate in the particular instance. Computations
shall cover the two-, ten-, and 100-year storm frequencies.
(e)
All outfalls are to be designed in a manner to retard velocities
at the outfall and provide stream channel protection.
(f)
Due consideration shall be given to the relationship of the
subject property to the natural or established drainage pattern of
the watershed(s) of which it is a part. Surface water runoff shall
not be transferred from one watershed to another.
(g)
The use of conservation restrictions is encouraged.
(h)
All water-carrying structures and/or retention areas shall be
completed and stabilized prior to diversion of water to them.
(i)
Innovative stormwater runoff control and recharge devices, such
as rooftop storage, drywells, cisterns, roof drain infiltration trenches,
and rain gardens are encouraged provided they are accompanied by detailed
engineering plans and performance capabilities.
(j)
Design and construction of drywells shall comply with New Jersey
Department of Environmental Protection's Stormwater Best Management
Practices Manual.
(k)
Nonstructural stormwater management strategies as are set forth
in N.J.A.C. 7:8-1.1 et seq. shall be incorporated into the stormwater
management plan whenever possible.
(l)
Chatham Township's Standard soil erosion and sediment control
notes shall be included in text form on the plan.
8.
The lot grading plan shall comply with New Jersey's soil erosion
and sediment control standards.
9.
If the lot grading plan contains a structural retaining wall, a copy of the structural calculations, signed and sealed by an engineer or architect licensed in the State of New Jersey shall accompany the plans. All structural retaining walls must conform to the requirements of Subsection 30-96.15.
10.
For increases of impervious cover greater than 1,000 square
feet, the minimum design and performance standards for groundwater
recharge shall be as follows:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
h.
Completion of review. The Township Engineer shall approve or disapprove
a lot grading plan or revised plan forwarded by the Construction Official
within 20 business days after the plan or revised plan is submitted
to him. If additional information is needed to completely evaluate
the impact of the application, the Township Engineer shall notify
the applicant. From the date the Township Engineer sends such notification
until the date of response from the applicant, the time for completion
of review of the application is tolled. The Township Engineer shall
furnish a written statement of the reasons for disapproval. If the
Township Engineer's written statement does not, in the opinion of
the applicant, address their concerns, a review by the Township Administrator
will be conducted to resolve any remaining issues concerning the application.
i.
Temporary measures. Whenever the Township Engineer considers it necessary
or appropriate, he may require that a lot grading plan include temporary
measures to be taken during the performance of any construction work
to prevent adverse effects upon abutting lands.
j.
Violations. The failure of an owner of property to comply with an
approved lot grading plan for such property, including any temporary
measures to be taken during the performance of construction work,
shall constitute a use of the subject property in violation of this
chapter. If a notice of violation is issued the applicant shall submit
an amended lot grading plan within 10 days of the notice. Failure
to resubmit an amended lot grading plan within the specified timeframe
shall result in an immediate stop-work order and void the lot grading
plan approval. The amended plan shall identify the cause of the violation
and revise the lot grading plan accordingly to prevent a reoccurrence
of the violation. The amended plan shall be resubmitted regardless
of the extent of the change required. The issuance of an amended plan
shall void prior approvals.
k.
"As-built" certification. A certification by the applicant's engineer,
based on field inspections, and as necessary, laboratory tests, that
the site is in full compliance with the approved lot grading plan
and that permanent soil stabilization, including soil preparation,
acceptable top soil and proper vegetative cover including compaction
of fill meeting New Jersey Soil Erosion and Sediment Control Standards
must be provided prior to final grading inspection. Any exceptions
to the requirements of the approved lot grading plan shall be included
in the certification.
l.
Adverse conditions. In the event that the Township Engineer determines
that current conditions do not permit the completion of work to effectuate
full compliance with a lot grading plan, The Township Engineer shall
so state in the engineer's report and shall also set forth the following:
m.
Performance bond. Notwithstanding any other provision of this chapter,
the Zoning Officer may issue an occupancy/zoning permit prior to full
compliance with a lot grading plan if the Zoning Officer received
written evidence of the existence of a cash performance bond in the
amount of the estimated cost effecting full compliance with the plan
as determined by the Township Engineer, and if the Zoning Officer
receives a written statement from any contract-purchaser requesting
the issuance of a certificate of occupancy pursuant to the provisions
of this section. If a certificate of occupancy is issued for a property
prior to full compliance with a lot grading plan and full compliance
is not affected by the date set forth in the report of the Township
Engineer, then continued occupancy of such property after such date
shall constitute a use of such property in violation of this chapter.
n.
Notice to proceed. All SESC measures (silt fence, tracking pad, and
all other approved measures.) shall be installed prior to the start
of any land disturbance. SESC measures must be inspected by a Township
representative and a notice to proceed issued before the next phase
of construction may commence.
o.
Inspections. Neither an occupancy/zoning permit nor a certificate
of occupancy shall be issued for any property which is the subject
of a lot grading plan until the applicant's engineer certifies in
writing that the property conforms to the lot grading plan. The Township
Engineer shall make an inspection and issue a report within five days
after notification from the Construction Official of an application
for a certificate of occupancy.
[Ord. No. 35-87 § 1]
Immediately following the installation of the foundation for any new principal structure and prior to the commencement of the framing of the building, a foundation location and elevation survey shall be submitted to the Township Engineer, Zoning Officer and Construction Official for purposes of establishing (a) compliance with applicable zoning setback and yard requirements and (b) compliance with the lot grading plan approved pursuant to the provisions of Subsection 30-96.20. In addition to horizontal dimensions and distances from lot lines, the survey shall show the elevation of the top of the foundation wall at each corner of the foundation wall. Every foundation location and elevation survey shall be certified by a licensed surveyor.
[Ord. No. 2-79 § 705.20; Ord. No. 2005-025 § 1; Ord. No. 2010-07]
a.
Except as to sports and recreational lighting regulated in Subsection 30-96.22b, all outdoor lighting in connection with any use shall be shielded so that the direct source of the illumination is not visible from any street or any adjoining property, provided that this provision shall not apply to incandescent or fluorescent, decorative outdoor lighting fixtures of 160 watts or less in residential districts. Floodlights and spotlights in excess of 100 watts per bulb shall be shielded.
b.
1.
Regulation of recreational/sports facility lighting for fields is
necessary to prevent the cause of unnecessary skyglow, to prevent
light trespass and to reduce unnecessary glare caused by inappropriate
or misaligned light fixtures and/or the inappropriate location of
light poles. These standards are intended to save energy and reduce
costs and to preserve and protect adjacent residential neighborhoods
from unnecessary lighting impacts.
2.
Where used for sports or recreational fields, all lighting fixtures
shall comply with the following:
(a)
The maximum height of any recreational or sports lighting structure
shall be 85 feet.
(b)
The minimum distance of the pole to any property line shall
be 40 feet from any private property line.
(c)
Trespass lighting shall not be more than 0.1 foot-candle at
any adjacent residential property line at grade.
(d)
The current natural landscape buffer shall be maintained to
the greatest extent possible to allow for maximum screening.
(e)
No sports or recreational activity shall continue beyond 10:00
p.m. and all sports and recreational lighting shall be turned off
not later than 10:30 p.m.
[Ord. No. 23-90 § 1]
The exterior of a principal building and any accessory building
shall be maintained in good repair and kept painted or otherwise finished
for purposes of the preservation of the building and to avoid an appearance
which may have an adverse effect upon the values of adjoining or neighborhood
properties.
[Ord. No. 99-029 § 3; Ord. No. 2012-09; Ord.
No. 2013-16]
a.
Purpose. The purpose of this subsection is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
b.
Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of waterbodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity,
and the environmental integrity of landscapes.
c.
Applicability. This subsection shall be applicable to new development
or land disturbance on a steep slope within Township of Chatham.
d.
DISTURBANCE
IMPERVIOUS SURFACE
MAJOR DEVELOPMENT
REDEVELOPMENT
STEEP SLOPES
Definitions.
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean any structure, surface, or improvement that reduces
or prevents absorption of stormwater into land, and includes porous
paving, paver blocks, gravel, crushed stone, decks, patios, elevated
structures, and other similar structures, surfaces, or improvements.
Shall mean any "development" that provides for ultimately
disturbing one or more acres of land. Disturbance for the purpose
of this rule is the placement of impervious surface or exposure and/or
movement of soil or bedrock or clearing, cutting, or removing of vegetation.
Shall mean the construction of structures or improvements
on areas which previously contained structures or other improvements.
Shall mean any slope equal to or greater than 15% as measured
over any minimum run of 10 feet. Steep slopes are determined based
on contour intervals of two feet or less.
e.
Designation of Areas. The percent of slope (rise in feet per horizontal
distance) shall be established by measurement of distance perpendicular
to the contour of the slope. The percent of slope shall be calculated
for each two-foot contour interval. For example, any location on the
site where there is a one-foot rise over a ten-foot horizontal run
constitutes a 10% slope; a 1.5-foot rise over a ten-foot horizontal
run constitutes a 15% slope; a two-foot rise over a ten-foot horizontal
run constitutes a 20% slope.
f.
Steep Slope Limits. For steep slopes any disturbance shall be prohibited
except as provided below:
1.
Redevelopment within the limits of existing impervious surfaces;
and
2.
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 15% or greater slope.
g.
Extraordinary Hardship Limitations. Excluding major development,
hardship disturbances of steep slopes shall be limited to the following
based on the indicated slopes:
1.
Applicant is permitted to disturb slopes of greater than 25% up to
500 square feet in total area.
2.
Not more than 20% of slopes ranging from 20% to 25% shall be disturbed
and the area of disturbance of such slope area shall not exceed 5%
of the lot area, except that any applicant is permitted to disturb
slopes in this category up to 1,000 square feet in total area.
3.
Not more than 30% of slopes ranging from 15% to 20% shall be disturbed
and the area of disturbance of such slope area shall not exceed 10%
of the total lot area, except that any applicant is permitted to disturb
slopes in this category up to 3,500 square feet in total area.
h.
Conflicts and Severability.
1.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this subsection
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this subsection apply.
2.
Severability.
(a)
Interpretation: This subsection shall be so construed as not
to conflict with any provision of New Jersey or Federal law.
(b)
Notwithstanding that any provision of this subsection is held
to be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the subsection shall continue to be of
full force and effect.
3.
The provisions of this subsection shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
i.
Enforcement, Violation and Penalties. A prompt investigation shall
be made by the appropriate personnel of Township of Chatham, of any
person or entity believed to be in violation hereof. If, upon inspection,
a condition which is in violation of this subsection is discovered,
a civil action in the Special Part of the Superior Court, or in the
Superior Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process. Nothing in this subsection
shall be construed to preclude the right of Township of Chatham, pursuant
to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in
Municipal Court. The violation of any provision of this subsection
shall constitute a separate and distinct offense independent of the
violation of any other provision, or of any order issued pursuant
to this subsection. Each day a violation continues shall be considered
a separate offense.
[Ord. No. 2000-019, § 1]
No vehicular gate, gatehouse or guardhouse, including ornamental
gatehouse or guardhouse, or center island divider shall be allowed
on any public or private street in any residential district, nor at
the entrance to or within any townhouse, condominium, garden apartment
or multifamily housing development.
[Ord. No. 2002-015 § 2]
a.
There shall be no change in existing grade, which raises the elevation
of the lot within five feet of a property line. Furthermore, there
shall be no change in existing grade, which raises any portion of
the lot within 15 feet of a property line to an elevation, which is
more than four feet above the existing ground level at the property
line. Any new grade shall be at an even slope with the toe of the
slope at the ground level which exists at five feet inside the property
line, provided, however, that, when necessary, a swale shall be created
in order to control surface waters in a manner that will protect abutting
lands. Retaining walls shall not exceed six feet in height provided
that for each six inches in height above the pre- or post-construction
grade at the toe of the wall a retaining wall shall be set back one
foot from the property line to which it is adjacent. Distances from
property lines shall be measured at right angles to straight portions
and radial to curved portions.
b.
Grades steeper than one (vertical) to three (horizontal) should be
avoided. In cases where these grades are unavoidable, provisions for
soil stabilization, access and maintenance of those areas must be
provided to the Township Engineer for approval prior to construction.
[Ord. No. 2006-14 § 2]
No dwelling in the R-3 Residence District shall have a building
width facing the public street right-of-way greater than 70 feet on
lots between 100 feet and less than 125 feet in width, greater than
75 feet on lots between 125 feet and less than 150 feet in width,
and greater than 80 feet on lots 150 feet or greater in width.
[Ord. No. 2008-11 § 1]
All conservation easements required in connection with any subdivision,
site plan, or variance approval, shall be identified with concrete
monuments conforming to the Map Filing Law and identified with the
letter "C." Monuments shall be installed at all angle points and where
the easement intersects lot lines. The location of such monuments
shall be shown on the preliminary and final plans. Such monuments
shall be installed prior to the issuance of any building permit. If
weather or other conditions are present, or the property is actively
devoted to crop farming, so that the installation of such monuments
is impractical, the applicant shall post a cash deposit with the Township
in an amount determined by the Township Engineer to insure the installation
of the monuments. The monuments shall be installed not more than one
year from the date of approval of the subdivision, site plan, or variance.
The Zoning Official may grant an additional period or periods of time
for such installation. The Zoning Official may also require additional
cash to be deposited in accordance with any increase in the cost of
survey and setting of the monuments.
[Ord. No. 2-79 § 706.1]
The use of land within areas of special flood hazard shall comply
with the provisions of Article 10, Flood Damage Prevention and Flood
Hazard Area Regulations.
The development and use of land within areas of special flood
hazard involving subdivision or site plan approval shall comply with
the provisions of Article 6, Subdivision and Site Plan Review, and
the provisions of Article 10, Flood Damage Prevention and Flood Hazard
Area Regulations, and if any provisions of such articles appear to
be in conflict the development and use shall comply with the provision
imposing the stricter standard.
[Ord. No. 2-79 § 706.2]
There also exists within the Township an area of land as shown
on the Zoning Map which, over a period of years, was devoted to a
sanitary landfill operation. The fill material used in this operation
varies widely in composition and physical characteristics, giving
rise to the possible formation of gases, leachate and differential
settling. These conditions severely limit the use of this area and,
unless carefully controlled, development may produce substantial harm
to the health and safety of the public in general and be detrimental
to the natural environment. Within this sanitary landfill area, no
construction permit shall be issued and no soil shall be disturbed
until a subdivision or site plan, as applicable, shall have been submitted
to and approved by the Planning Board. In reviewing any such plan,
the Planning Board may require that the applicant perform such engineering
and other scientific tests as may be appropriate in order to assure
that the area can support any proposed construction and that such
construction or use will not result in any health or safety hazard
including, but not limited to, hazards resulting from the formation
or release of gases, the formation of leachates or the settlement
of ground.
[Ord. No. 2-79 § 707.1; Ord. No. 27-79 § 1; Ord. No. 95-06 § 1; Ord.
No. 2013-06]
b.
No person shall erect, place or maintain within the Township any sign until a sign permit has been issued therefor by the Zoning Officer, provided, however, that no sign permit shall be required for a sign permitted under Subsections 30-98.3a, b, c or f. Every application for a sign permit shall include plans in sufficient detail, including dimensions and proposed location, in order to permit determination as to compliance with all of the provisions of this § 30-98.
c.
No sign shall be erected, placed or maintained in or over any street
or road right-of-way or upon or over any sidewalk.
d.
No sign shall be erected, placed or maintained which obstructs any
fire escape or creates any other hazardous condition, including any
obstruction of the visibility of traffic.
e.
No sign shall be erected, placed or maintained unless it relates
to the use of the premises upon which the sign is located. No sign
shall be maintained after the use of the premises to which the sign
relates has been terminated.
f.
No sign shall have any moving parts.
g.
No strings or streamers of flags, pennants, spinners, or similar
objects or devices, rotating, or flashing lights or electronic message
center or sign to attract attention shall be used or displayed.
h.
No sign shall be composed of phosphorescent, iridescent or reflective
material or be painted with iridescent, luminous or reflective paint.
i.
Signs may be illuminated with either direct or indirect light, but
no sign shall be internally lighted or contain internally lighted
or lettering or contain or use moving, flashing, electronic message
centers or signs, or intermittent illumination. Sources of sign illumination
shall be shielded in such a manner as not to be visible from any street
or adjoining property.
j.
No sign shall be illuminated between the hours of 10:00 p.m. and
7:00 a.m., prevailing time, provided, however, that if a business
in the B Zone is operated after 10:00 p.m. then the sign for such
business may be illuminated until the business closes.
k.
Except as otherwise expressly permitted, the wording upon a sign
shall be limited to the name of the person or company occupying or
conducting a business on the respective premises upon which the sign
is located.
l.
All signs shall be kept in good repair and condition, and any sign
that is not so maintained shall be removed.
m.
For purposes of this chapter, "electronic message center or sign"
shall mean an electrically activated changeable sign whose variable
message and/or graphic presentation capability can be electronically
programmed by computer or otherwise.
[Ord. No. 2-79 § 707.2]
Whenever construction work is undertaken upon any lot one sign
may be maintained indicating the name of the contractor or contractors
engaged in such construction work. Such a sign shall have an area
no greater than 12 square feet and shall not be placed nearer to any
street right-of-way line than half the setback required for the principal
structure upon the lot. The sign and its supports shall be removed
as soon as a certificate of occupancy is issued for the lot upon which
the sign is located.
[Ord. No. 2-79 § 707.3; Ord. No. 3-92 § 6]
In the residence districts only the following signs shall be
permitted:
a.
One individual name plate sign not over 72 square inches in area indicating the name of the occupant, or a sign as described in Subsection 30-98.3b, but not both.
b.
One name plate sign or customary sign for permitted professional
uses, not more than two square feet in area.
c.
A non-illuminated sign pertaining to the lease or sale of the premises
upon which it is placed, not exceeding four square feet in total area,
provided that the sign and its supports shall be removed within seven
days after the consummation of the lease or sale.
d.
A sign not more than 10 square feet in area advertising the name
of a church on the premises, its pastor and its coming activities
or stating the name of any institution or public building on the premises.
e.
A sign not more than 32 square feet advertising the name of a major
subdivision and stating the name of the developer and the name, address
and telephone number of the sales representative, provided that the
sign and its supports shall be removed within 15 days after 75% of
lots in the subdivision have occupied dwellings.
f.
A sign such as "No Hunting," "No Fishing" and "No Trespassing" provided
it is no larger than one square foot in area.
h.
One entrance sign containing the name of a multi-family development
may be erected and maintained at each entrance driveway to the development.
Such sign shall be set back not less than 15 feet nor more than 30
feet from the right-of-way line of any street on which the property
fronts, and shall be located so as not to interfere with the visibility
of traffic at the intersection of the street and the entrance driveway
to the development. The sign shall not be more than five feet from
the ground level below the sign. While such a sign may have the same
message on two surfaces, no sign shall have any angle whatsoever between
the two surfaces. Every such sign shall be attractively landscaped
with trees, shrubs and plants. If the sign is illuminated, the direct
source of light shall be shielded in such a manner that the source
is not visible from any street or any adjoining property. No sign
shall be lighted by means of flashing or intermittent illumination.
No sign other than entrance, exit, condition of use or traffic safety
signs shall be maintained in driveways or in a parking area. A letter
or number shall be affixed to each building in order to identify such
building for visitors and delivery purposes. The location and sequence
of letters or numbers shall be approved by the Township Clerk.
[Ord. No. 2-79 § 707.4; Ord. No. 99-007 § 20; Ord. No. 2004-016 § 1]
In the B-1 and B-2 Districts, only the following signs shall
be permitted:
a.
One sign shall be permitted for each lot, provided that if more than
one business is conducted upon a lot then one sign shall be permitted
for each store or office with a separate outside customer entrance,
and further provided that if a store or office has more than one outside
entrance a sign shall be permitted for each such entrance located
in a different wall of the building.
b.
A sign shall be placed only on an exterior wall of a building.
d.
In the event that a sign is located so that the bottom of the sign
is no closer than eight feet to the ground level below the sign and
has a horizontal dimension at least five times its vertical dimension,
then such sign may have a vertical dimension not exceeding 18 inches
and a horizontal dimension not exceeding 12 feet, provided that the
area of the sign shall not exceed 30 square feet.
e.
In the event that a structure contains three or more stores or offices,
in lieu of individual signs for each store or office as provided in
30-98.4a there may be one common sign for such structure. The area
of such sign shall not exceed 12 square feet, and the top of such
sign shall not be more than seven feet above the ground level below
the sign.
f.
A sign shall not extend farther than eight inches from the face of
the wall to which it is attached, provided, however, that when a sign
extends more than three inches from the face of any wall, the bottom
of such sign shall not be closer than eight feet from the ground level
below the sign.
g.
No sign shall extend or project above the highest elevation of or
beyond the wall to which it is attached.
h.
No sign shall be placed on the outside or inside of a window so as
to cover the window or any part thereof, and no sign shall be painted
or otherwise placed upon the outside or inside surface of any window
or upon any pane of glass in a door.
i.
Notwithstanding the provisions of Subsection 30-98.li, a movie theater
located in the B-1 District may have an interior illuminated sign
over the entry door.
[Ord. No. 2-79 § 707.5; Ord. No. 99-007 § 21]
In the PI-1 and PI-2 Professional and Institutional District, signs are permitted as regulated in Subsection 30-98.4.
[Ord. No. 2-79 § 707.6; Ord. No. 99-007 § 22]
Only one sign, stating the name of the company occupying the
premises, shall be permitted subject to the following requirements.
a.
The sign shall not be placed nearer to any street right-of-way line
than 50 feet.
b.
The sign shall not be placed within 50 feet of any sideline.
c.
The horizontal dimension of the sign shall not be more than 12 feet
and the vertical dimension of the sign shall not exceed 1/2 its horizontal
dimension, provided that in no event shall the area of the sign exceed
32 square feet.
d.
The top of a sign shall not be more than five feet from the ground
level below the sign.
e.
The surface of the sign shall be parallel to the front wall of the
principal structure to which the sign relates.
In addition to the foregoing sign, there may be traffic safety
signs and control signs designating entrance, exit and parking areas,
but no such sign shall have an area greater than two square feet.
[Ord. No. 2-79 § 707.7]
The following rules shall be applied in computing the area of
a sign.
a.
If a sign is painted or placed upon a display surface, the area shall
be computed by multiplying the greatest horizontal dimension of the
display surface by the greatest vertical dimension of the display
surface, and framing or edging shall be considered part of the display
surface.
b.
If a sign is composed of letters separately attached to the exterior
surface of a building or if a sign is painted upon a fascia or similar
permanent surface of a building, the area shall be computed by multiplying
the horizontal distance from the left-hand side of the first letter
to the right-hand side of the last letter by the height of the tallest
letter. If the letters are on more than one line, the area of each
line shall be so computed and combined to determine the area of the
sign.
c.
In the case of a free-standing sign, posts or other supporting devices
shall not be included in computing the area of the sign.
d.
Whenever there is a limitation on the distance between the ground
level below a sign and the top of the sign, the top of the sign shall
be considered the highest point of the sign or any framing or edging.
[Ord. No. 2-79 § 708; Ord. No. 16-81 § 9; Ord. No. 20-81 § 7]
A permit for a conditional use authorized by this Article 7 shall be granted by the Planning Board if the Planning Board finds and determines that the proposed plans and conditions for the particular use on a specific lot meet all of the applicable requirements of this § 30-99 and that the use in accordance with the plans and conditions will not result in any significant adverse effects upon the environment, the public health, the public safety or general welfare, and will not result in substantial detriment to the use and enjoyment of residential properties in the neighborhood. In granting conditional use approval, the Planning Board may impose such conditions and safeguards as it deems appropriate in order to avoid any of the aforementioned adverse effects or detriments.
Action on a conditional use application shall be in accordance with the Procedures set forth in § 30-12, including notice and hearing.
The grant of a permit for a conditional use shall be contingent
upon the grant of site plan approval within two years. If such contingency
is not satisfied, the permit for the conditional use shall expire
at the termination of such two-year period, provided, however, that
if at the time of the termination of the two-year period an application
for site plan approval is being actively pursued or an appeal has
been taken from action on a site plan application, then the expiration
of the conditional use permit shall be tolled until the completion
of action on the site plan application or the decision upon any appeal,
as the case may be.
Failure to comply with the terms and conditions of a conditional use permit shall constitute a violation of this chapter as provided in § 30-110.
The respective requirements for conditional uses authorized
by this Article 7 are as follows:
[Ord. No. 2-79 § 708.1; Ord. No. 16-81 § 10]
a.
The minimum lot area for the zone district in which the use is located
shall be met.
b.
All other requirements for the zone district in which the use is located in the Schedule of Zoning Requirements referred to in Subsection 30-75.2 shall be met, provided, however, that no yard shall be less than the height of the installation nor shall any installation be located within 100 feet of a residence district boundary line.
c.
Off-street parking shall be provided in accordance with Subsection 30-64.2. Parking areas and driveways shall meet parking setback requirements of the zone district.
d.
Fencing or screening shall be provided as required by the Planning
Board.
e.
Building design shall take into consideration the character of the
neighborhood in which the use is to be located.
[Ord. No. 2-79 § 708.2; Ord. No. 16-81 § 11; Ord. No. 33-87 § 1]
a.
No building shall exceed a height of 2 1/2 stories or 35 feet,
provided, however, that in the case of a place of worship, such as
a church, the main body of the facility in which religious services
are conducted, and which consist of a single story with no basement
or cellar, may extend to a height of 45 feet.
Notwithstanding the foregoing provision, any part of a place of worship that exceeds a height of 35 feet shall be located beyond the minimum setback distances established in Subsection c below at least three feet for each foot of height in excess of 35 feet.
b.
There shall be a minimum lot area of three acres.
c.
All buildings shall be located at least 100 feet from any street
or residence district property line, at least 25 feet from any side
property line and 100 feet from the rear property line.
d.
Any property so used shall front on a street designated as a major
street on the current Township Master Plan.
e.
Off-street parking shall be provided in accordance with Subsection 30-64.2. All parking areas shall be located at least 25 feet from a street or property line and at least 10 feet from any building.
f.
Driveways shall be located at least 25 feet from a side or rear property
line and at least 10 feet from any building.
g.
There shall be a minimum distance between buildings of 25 feet, but
not less than the height of the taller building.
h.
Fencing or screening shall be provided as required by the Planning
Board.
i.
Building design shall take into consideration the character of the
neighborhood in which the use is to be located.
j.
The lot coverage requirements of the zone district shall be met,
except that in a residence district the total ground floor area of
all buildings shall not exceed 10% of the lot area and the total area
of all impervious surfaces, including buildings, shall not exceed
15% of the lot area, except that in the R-2A, R-3A, R-3B and R-3C
Districts the maximum coverage shall be as provided for multifamily
use therein.
[Ord. No. 2-79 § 708.3; Ord. No. 990-7 § 23]
a.
The property shall meet the minimum lot size requirement of the zone
district and the average lot depth measured from all streets shall
not be less than 150 feet.
b.
The professional person shall reside on the premises.
c.
The office shall be located on the main floor or in the basement
of the dwelling.
d.
Not more than 500 square feet of floor area shall be devoted to such
use and, if located on the main floor, not more than 1/3 the floor
area of the main floor shall be devoted to such use.
e.
Not more than two persons not resident in the dwelling shall be employed
in the office.
f.
In addition to off-street parking required for the dwelling, at least
one off-street parking space shall be provided for each 150 square
feet of floor area devoted to office use.
g.
Off-street parking areas shall be located at least five feet from
a building, 10 feet from an adjoining property, 10 feet from a street
right-of-way line and at least 25 feet from the point of intersection
of any two street right-of-way lines.
h.
There shall be no outdoor storage or display of any kind in connection
with the use.
i.
Only one sign, as regulated in § 30-98.3i, shall be permitted.
[1]
Editor's Note: Former subsection 30-99.4, Private Membership
Recreation Clubs and Facilities, previously codified herein and containing
portions of Ordinance Nos. 2-79 and 16-81 was repealed in its entirety
by Ordinance No. 99-007 § 24.
[Ord. No. 2-79 § 708.5; Ord. No. 16-81 § 13]
a.
No building shall exceed the height limit of the zone district.
b.
There shall be a minimum lot area of five acres measured within 600
feet of the front street right-of-way.
c.
There shall be a front yard of not less than 150 feet, a rear yard
of not less than 150 feet and two side yards of not less than 100
feet each.
d.
Off-street parking shall be provided in accordance with Subsection 30-64.2. All parking areas shall be located at least 25 feet from a street or property line. Driveways shall be located at least 25 feet from a side or rear property line and at least 10 feet from any building.
e.
There shall be a minimum distance between buildings of 25 feet, but
not less than the height of the taller building.
f.
Fencing or screening shall be provided as required by the Planning
Board.
g.
Building design shall take into consideration the character of the
neighborhood in which the use is to be located.
h.
The lot coverage requirements of the zone district shall be met.
i.
The exterior walls of all buildings shall be accessible for fire
protection purposes.
j.
No room for patients shall contain more than four beds. At least
10% of the total rooms for patients shall have only one bed per room.
The number of rooms for patients having more than two beds shall be
limited to 5% of the total number of rooms for patients.
k.
At least one lavatory shall be provided for every three beds.
l.
Dining and Recreation. The total floor area devoted to dayroom, dining
and recreation use shall not be less than 30 square feet for each
patient (based on maximum patient capacity).
m.
Persons with mental or drug-related disorders or persons with contagious
diseases shall not be accepted as patients.
[1]
Editor's Note: Former subsection 30-99.6, Office Building Authorized by Subsection 30-78.3d and/or an Executive Inn Authorized by Subsection 30-78.3c, previously codified herein and containing portions of Ordinance Nos. 2-79, 20-81, 28-85 and 7-86 was repealed in its entirety by Ordinance No. 99-007 § 25.
[1]
Editor's Note: Former subsection 30-99.7, Community Residences
for More Than Six Developmentally Disabled Persons and Community Shelters
for More Than Six Victims of Domestic Violence, previously codified
herein and containing portions of Ordinance Nos. 2-79 and 11-81 was
repealed in its entirety by Ordinance No. 99-007 § 26.
[Ord. No. 97-007 § 5]
a.
No lot used for an assisted living residence shall contain less than
five acres.
b.
There shall be no more than 15 assisted living units per acre nor
more than 20 assisted living beds per acre.
c.
No assisted living residence shall contain more than 100 units nor
house more than 134 residents.
d.
No building shall exceed a height of 2 1/2 stories and 35 feet.
e.
Residential unit shall occupy no more than two floors of the residence,
namely the main or ground floor and the floor above.
g.
Not more than 15% of the total lot area shall be covered by buildings.
h.
Not more than 40% of the total lot area shall be covered by impervious
surfaces, including buildings.
i.
Off-street parking residences shall meet the following location requirements:
1.
Not more than 10 parking spaces shall be located in the front yard.
Said parking spaces shall be reserved for visitors and the handicapped.
2.
No parking area shall be located closer than 10 feet to a building.
3.
No parking area shall be located closer than 50 feet to a residential
zone property line.
4.
No parking area shall be located closer than 25 feet to any other
property line.
j.
All assisted living residences shall comply with and shall be subject
to the provisions of N.J.A.C. 8:36, Standards for Licensure of Assisted
Living Residences and Comprehensive Care Homes.
[Ord. No. 97-043 § 3; Ord. No. 97-045 § 1]
a.
Cellular towers may be permitted upon authorization of the approving
authority in accordance with the following standards and site plan
review.
b.
No tower shall be located closer than 100 feet from any residential
district, no closer than 80 feet from any other district, and shall
comply with all other setback requirements of the zone in which the
tower is located.
c.
Transmissions from such towers shall not cause interference with
any electronic reception or transmission from neighboring properties.
d.
All such towers and antennas thereon shall fully conform with all
applicable State and Federal laws, rules and regulations.
e.
All antennas installed on such towers shall be of the whip type or
panel type only.
f.
No tower shall be lighted except as may be required by State or Federal
law.
g.
No cellular tower shall be permitted unless the applicant can establish
the unavailability of a co-location for transmission and reception
of radio waves on an existing cellular tower.
h.
No tower shall exceed 150 feet in height.
i.
Auxiliary structures which house equipment related to the antennas
may be spaced no closer than five feet from each other.
j.
Whip antennas cannot exceed 15 feet in height. Panel antennas cannot
exceed five feet in height nor one foot in width.
k.
Appropriate screening and buffering shall be required as part of
site plan approval so as to reduce the visual impact of the tower
and auxiliary structures.
[Ord. No. 2012-05 § 2]
a.
MARKET GARDEN
PRODUCE
As used in this section, the following words shall have the following
meanings:
Shall mean an area of land that is used for the organic planting,
growing and harvesting of produce, fruit trees, flowers for cutting,
and bee keeping, the products of which may be offered for sale off
premises. No market garden may be conducted on any lot that is less
than three acres in total area.
Shall mean exclusively fruits and vegetables.
b.
The following standards and regulations shall apply to market gardens:
1.
Planting, growing, and harvesting of produce, fruit trees, flowers
for cutting and bee keeping are the only activities permitted.
2.
Erection of temporary greenhouses, provided that no such building
shall be larger than 250 square feet in area per acre nor located
in any front or side yard.
3.
Construction of fences in accordance with the requirements of Subsection 30-96.15, and as may be required by the Planning Board as part of site plan approval.
4.
Control of pests, including but not limited to insects, weeds, and
diseases of plants, and in accordance with a farm conservation plan
issued by the Soil Conservation District and the United States Department
of Agriculture National Organic Program, and filed with the Township
Clerk.
5.
Use of irrigation pumps and equipment, tractors, harvest aids and
bird control devices (excluding those that create noise, such as sirens
or explosive devices). No equipment shall be stored outside in any
front or side yard.
6.
Replenishment of soil nutrients and improvement of soil tilth by
tilling into the soil in accordance with a farm conservation plan
meeting the requirements of the Soil Conservation District and the
USDA National Organic Program.
7.
On-site generated organic agricultural waste shall be tilled into
the soil, placed in an enclosed composter, or removed from the premises
in accordance with a farm conservation plan meeting the requirements
of the Soil Conservation District and the USDA National Organic Program.
8.
The application of manure and fertilizers in accordance with a farm
conservation plan meeting the requirements of the Soil Conservation
District and the USDA National Organic Program.
9.
Installation of wells and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation.
c.
Market garden operations shall adhere to:
1.
Approvals granted by the Morris County Soil Conservation District
in the form of a farm conservation plan prepared in accordance with
the USDA Natural Resources Service Field Office Technical Guide revised
April 20, 1998, as amended and supplemented.
2.
Any and all rules promulgated by the New Jersey Agricultural Development
Committee and the New Jersey Department of Environmental Protection.
3.
Site-specific horticultural management practices recommended by the
Morris County Agriculture Development Board.
4.
Recommendations of the Rutgers University Agricultural Experiment
Station.
5.
No farm equipment shall be stored outdoors within 25 feet of any
lot line or in any front or side yard.
6.
No tilling shall be permitted within five feet on any lot line.
d.
The foregoing activities must conform to applicable provisions of
the Chatham Township Code and Federal and State law.
e.
The foregoing conditional use standards shall govern market gardens:
1.
Except for irrigation, which shall be permitted at any time, the
foregoing activities and practices may take place on weekdays and
Saturdays between 8:00 a.m. and sunset, and on Sundays and Federal
holidays between 9:00 a.m. and 5:00 p.m., provided that operation
of tractors, mowers, tillers, gasoline or diesel powered harvesting
equipment is prohibited on Sundays and Federal holidays.
2.
The keeping and grazing of livestock and poultry is prohibited.
3.
No retail sales, farm stands, or "pick your own" or related operations
are permitted.
[Ord. No. 2-79 § 709; Ord. No. 9-79 § 23]
Upon application the Planning Board may grant permission for
temporary uses incidental to construction projects, including such
uses as the storage of construction materials, machinery and equipment,
assembly of building materials, and the use of a trailer as a construction
or real estate office. In granting approval, the Planning Board may
establish conditions deemed necessary for the protection of the environment
and the use and enjoyment of residential properties in the neighborhood.
Permission granted pursuant to this section shall not be for a period
exceeding one year. Such permission may be renewed annually upon re-application,
but the total period of temporary use shall not exceed three years.
