Borough of Chatham, NJ Residential District Regulations

No dwelling or school shall exceed 35 feet and 2 1/2 stories in height.

[Amended 4-26-2010 by Ord. No. 10-09]

No church (principal building of worship) shall exceed 40 feet or 2 1/2 stories in height, except that church spires and cupolas shall not exceed 55 feet in height.

Usable lot area requirements.

[Added 4-5-1999 by Ord. No. 2-99; amended 5-10-2004 by Ord. No. 04-12]

All lots created by subdivision after the effective date of this section within the R-1, R-2, R-3 and R-4 Zones shall be required to have a minimum usable lot area of at least 3,000 square feet in the R-3 Zone; at least 3,500 square feet for single-family dwellings in the R-2 and R-4 Zones; at least 4,000 square feet for two-family dwellings in the R-4 Zone; and at least 4,500 square feet in the R-1 Zone and for churches and schools in all residential zones. All permitted structures other than a driveway connection and necessary utility connections for the individual lot shall be constructed within the usable lot area. Usable lot area shall be as defined in § 165-10 of this chapter. Moreover, at least 60% of the minimum required usable lot area on such subdivided lots shall consist of land having redevelopment slopes of less than 15%, and not more than 20% of the minimum required usable lot area on such subdivided lots shall consist of land having predevelopment slopes of 20% or more.

Where a lot existing as of the effective date of this section does not contain the minimum usable lot area required in Subsection D(1) above due to the presence of predevelopment slopes of 25% or more or does not meet the requirement of Subsection D(1) above pertaining to the percentage of the minimum required usable lot area that must have slopes of less than 15%, the lot may nevertheless be developed with a new structure, provided that all of the regulations set forth in § 165-14G shall apply to such development as well as to any proposed additions to any structure on the lot and any other improvements proposed for the lot.

To ensure compliance with this section and to facilitate the preparation of a grading and stormwater management plan, if required at § 165-14G, a slope analysis map shall accompany any request for subdivision approval and any request for a land disturbance permit for a lot existing as of the effective date of this section. The slope analysis map shall be prepared by a licensed land surveyor or by a licensed engineer based upon a topographic survey, shall be drawn at a scale of not less than one inch equals 20 feet, shall indicate the existing topography of the land in two-foot interval contour lines and shall identify by shading and numerical calculations all areas of the lot, both within and outside of the delineated minimum required usable lot area, where slopes exist in the following ranges: less than 15%, 15% and over but less than 20%, 20% and over but less than 25%, and 25% and greater, based on the measurement of the horizontal distances between two-foot contour intervals. In addition, any applicant seeking relief from § 165-14G(1) or conditional use approval under § 165-14G(2) shall also submit a plot plan containing all of the information required at § 165-92 for a land disturbance permit.

Area and yard requirements.

[Amended 11-9-1987 by Ord. No. 15-87; 2-8-1993 by Ord. No. 3-93; 4-5-1999 by Ord. No. 2-99; 11-11-2002 by Ord. No. 02-21; 4-25-2005 by Ord. No. 05-09; 7-9-2007 by Ord. No. 07-18; 4-26-2010 by Ord. No. 10-09; 11-25-2013 by Ord. No. 13-21; 12-11-2017 by Ord. No. 17-12]

	Detached Dwellings
	R-1 District	R-2 and R-4 District	R-3 District	Two-family Dwellings R-4 District	Churches* and Schools³**
Principal Buildings
Lot area sq. ft.	15,000¹	9,300²	7,500	10,000	15,000
Lot frontage	100 ft.	75 ft.	60 ft.	100 ft.	100 ft.
Lot width	100 ft.	75 ft.	60 ft.	100 ft.	100 ft.
Lot depth	100 ft.	100 ft.	100 ft.	100 ft.	100 ft.
Side yards	See Subsection E(1)(a) below.
Front yards	See Subsection E(1)(b) below.
Rear yards	See Subsection E(1)(c) below.
Maximum height	35 ft. and 2.5 stories	35 ft. and 2.5 stories	35 ft. and 2.5 stories	35 ft. and 2.5 stories	35 ft. and 2.5 stories

	Detached Dwellings
	R-1 District	R-2 and R-4 District	R-3 District	Two-family Dwellings R-4 District	Churches and Schools³
Accessory Buildings
Minimum distance to other buildings	10 ft.	10 ft.	10 ft.	10 ft.	10 ft.
Distance to side and rear lot lines	See Subsection E(2) below.
Maximum height⁴	35 ft. and 2.5 stories	35 ft. and 2.5 stories	35 ft. and 2.5 stories	35 ft. and 2.5 stories	See § 165-14C(2); *See § 165-14C(1)

NOTES:
1	A lot of lesser width and/or area may be used as a site for a detached dwelling if it was a lot of record on the Tax Maps of the Borough of Chatham in effect on October 15, 1953, of 75 feet or more in width, 125 feet or more in depth and 10,250 square feet or more in area, with no land on either side or to the rear in the same ownership or control, and if all other regulations affecting such site as prescribed in this chapter are met.
2	A lot of lesser width and/or area may be used as a site for a detached dwelling if it was a lot of record on the Tax Maps of the Borough of Chatham in effect on October 15, 1953, of 50 feet or more in width and 100 feet or more in depth and 6,000 square feet or more in area, with no land on either side or to the rear in the same ownership or control, and if all other regulations affecting such site as prescribed in this chapter are met.
3	The maximum lot coverage allowed for churches and schools in the R-1, R-2, R-3 and R-4 Districts is 65%.
4	Detached garages shall not exceed 16 feet in height; all other accessory structures shall not exceed 10 feet in height.

Side, front and rear yards.

(a)

There shall be two side yards, each at least 12 feet wide or 15% of the lot width, whichever is greater, except that on a corner lot the exterior side yard shall be at least 30 feet in width. However, on lots less than 80 feet wide, a one-story, ground floor addition attached to a dwelling lawfully existing on or before May 1, 2007, may be permitted to extend into an interior side yard, provided that such extension shall be set back at least nine feet from the side property line. For churches and schools and other permitted uses, there shall be two side yards, each at least two feet in least dimension for each one foot of height of such a building, provided that each side yard shall not be less than 30 feet.

(b)

There shall be a front yard of at least one foot in depth for each one foot of height of the principal building; provided, however, that no front yard shall be less than 30 feet in depth (except as noted in this provision), and provided further, however, that the building shall not extend nearer to a fronting street line than the average distance of setbacks of the nearest building or buildings, other than accessory buildings, within 200 feet of each side line of said lot and fronting on the same side of the street. In cases where the prevailing setbacks are generally consistent within 200 feet of each side line of said lot, the front yard setback shall be within five feet of the average prevailing setback and may be less than 30 feet, but no less than 20 feet in depth. Coverage shall not exceed 30% of any front yard area as measured to the front building line.

(c)

There shall be a yard at least 1.5 feet in least dimension for each one foot of height of a dwelling, and for other types of principal buildings the rear yard shall be at least two feet in least dimension for each one foot of height of such principal building; provided, however, that no rear yard shall be less than 30 feet.

(d)

Porticos (as defined in § 165-10) that are added to an existing landing and stairs and that do not extend more than five feet beyond the existing outside face of the exterior front wall of a permitted dwelling shall be exempted from the front yard setback requirement.

(e)

Attached garages with doors facing public streets shall be set back a minimum of three feet from the front building line for single-car-width garages and five feet for two-or-more-car garages.

No private garage or other accessory building located in the rear yard shall be placed nearer to a rear or side property line than four feet. No garage or other accessory building shall be placed nearer than 10 feet to a rear property line which serves as a neighbor's side property line. No private garage or other accessory building shall be placed nearer to a main street property line than 60 feet, nor nearer to a side street property line than 30 feet. Nothing herein contained, however, shall prevent the construction of a private garage as a structural part of a dwelling, provided that, when so constructed, the garage walls shall be regarded as any other walls of the main building in applying to coverage, front, side, and rear yard requirements of this chapter.

Building coverage, residential floor area and lot coverage.

[Added 9-9-1991 by Ord. No. 11-91; 12-29-1997 by Ord. No. 17-97; 4-5-1999 by Ord. No. 2-99; 11-11-2002 by Ord. No. 02-21]

The maximum permitted building coverage, residential floor area and lot coverage for all one- and two-family detached dwellings shall be in accordance with the following table. Maximum residential floor area shall in all cases be not greater than 2.00 times the maximum permitted building coverage, and maximum lot coverage shall in all cases be not greater than 2.1 times the maximum permitted building coverage. If a lot area is between two of the numbers in the first column of the table, the maximum building coverage, maximum residential floor area and maximum lot coverage shall be calculated proportionately between the two numbers.

[Amended 9-28-2015 by Ord. No. 15-14]

Table
(All figures represent square feet.)
Lot Area	Maximum Building Coverage	Maximum Residential Floor Area/FAR %	Maximum Lot Coverage
3,000	600	1,200/40%	1,260
4,000	800	1,600/40%	1,680
5,000	1,000	2,000/40%	2,100
6,000	1,180	2,360/39.33%	2,478
7,000	1,300	2,600/37.14%	2,730
8,000	1,420	2,840/35.5%	2,982
9,000	1,510	3,020/33.56%	3,171
10,000	1,600	3,200/32%	3,360
11,000	1,685	3,370/30.64%	3,539
12,000	1,765	3,530/29.42%	3,707
13,000	1,840	3,680/28.31%	3,864
14,000	1,910	3,820/27.29%	4,011
15,000	1,975	3,950/26.33%	4,148
16,000	2,040	4,080/25.5%	4,284
17,000	2,105	4,210/24.76%	4,421
18,000	2,170	4,340/24.11%	4,557
19,000	2,235	4,470/23.53%	4,694
20,000	2,300	4,600/23%	4,830
21,000	2,360	4,720/22.48%	4,956
22,000	2,420	4,840/22%	5,082
23,000	2,480	4,960/21.57%	5,208
24,000	2,540	5,080/21.17%	5,334
25,000	2,600	5,200/20.8%	5,460
26,000	2,660	5,320/20.46%	5,586
27,000	2,720	5,440/20.15%	5,712

For every 1,000 square feet by which a lot exceeds 27,000 square feet, the maximum building coverage shall be increased by 60 square feet, the maximum residential floor area shall be not greater than 2.00 times the maximum building coverage, and the maximum lot coverage shall not be greater than 2.1 times the maximum building coverage. If a lot area is between two of the 1,000 square foot numbers over 27,000 square feet, the maximum building coverage, maximum residential floor area and maximum lot coverage shall be calculated proportionately between the two numbers.

[Amended 9-28-2015 by Ord. No. 15-14]

Porticos (as defined in § 165-10) that have a floor area of no more than 30 square feet shall be excluded from the calculation of building coverage.

[Added 11-25-2013 by Ord. No. 13-21]

Regulations applicable to development or land disturbance in areas of steep slope.

[Added 9-9-1991 by Ord. No. 11-91; repealed 12-29-1997 by Ord. No. 17-97; 4-5-1999 by Ord. No. 2-99; amended 5-10-2004 by Ord. No. 04-12]

Disturbance of steep slopes. Throughout the R-1, R-2, R-3 and R-4 Zones, portions of any lot having a predevelopment slope of 25% or more shall remain undisturbed; not more than 1/5 of the portions of any lot having a predevelopment slope of 20% or more but less than 25% shall be disturbed; and not more than 2/5 of the portions of any lot having a predevelopment slope of 15% or more but less than 20% shall be disturbed.

Lots with limited allowable land disturbance. If the provisions of Subsection G(1) above limit the total area of allowable land disturbance on a lot existing as of the effective date of this subsection to 3,000 square feet or less, development of the lot shall be permitted only as a conditional use, subject to compliance with the conditional use requirements of § 165-141 and all requirements of this section other than Subsection G(1).

Building height in areas of excessive slope. Where relief is granted from Subsection G(1) above to locate a building wholly or partly on a predevelopment slope of 25% or more, building height shall be measured in accordance with the definition of "building, height of" in § 165-10, provided that the uphill elevation of the building shall not exceed 1 1/2 stories and shall be not more than 16.5 feet in height measured from the finished grade, and further provided that the elevation of the front entry floor level shall be not more than three feet higher or lower than the average elevation of the street frontage of the lot or, in the case of a corner lot, not more than three feet higher or lower than the elevation at the intersection of the street lines, but in no case shall the elevation of the front entry floor level be required to be below the elevation of the street the house faces.

(4)

Redevelopment in areas of excessive slope. Where a lot containing slopes of 25% or more, which slopes have already been developed or disturbed, is proposed to be redeveloped, the elevation of the front entry floor level of the new dwelling shall not be higher or lower relative to the street level than the elevation of the front entry floor level of the dwelling that is being replaced.

(5)

Front yard setback. Where appropriate, and as a means of limiting the extent of disturbance of steep slopes, the Board may grant a reduction in the required front yard.

(6)

Appearance of buildings. Buildings constructed or partly constructed on any slope of 15% or more shall present a finished appearance on all sides of the building to within two feet of the finished grade at the foundation. The achievement of a finished appearance shall be through a combination of exterior building materials, fenestration, fencing and trim.

(7)

Disturbance of required rear and side yards. No land disturbance shall be permitted within a required rear yard or in any portion of a required side yard located behind the front building line.

(8)

Grading and stormwater management plan required; retaining walls; soil erosion and sedimentation.

(a)

Where disturbance of predevelopment slopes of 15% or more will exceed applicable limits set forth in Subsection G(1) above, a proposed grading and stormwater management plan for the lot shall be submitted to the Borough Engineer for review and approval prior to the issuance of a construction permit.

(b)

Stormwater runoff shall be controlled so as to result in zero net increase in both the volume and the rate of runoff from the site relative to predevelopment conditions both during and after disturbance and at all times thereafter and to comply with all current Borough and state regulations. The stormwater management plan shall include plans for maximizing recharge through the construction of dry wells, rain gardens and other infiltration facilities and may include provisions for the collection and use of rainwater for lawn and garden watering and other approved purposes.

(c)

Where structural retaining walls are proposed to be used to limit disturbance of steep slopes, to control drainage and to prevent soil erosion, they shall comply with setback requirements and other applicable Borough regulations and shall require a construction permit. No individual retaining wall shall exceed six feet in height, measured from the toe of the wall to the top of the wall. Where there is a need for a structural retaining wall greater than six feet in height, the wall shall be constructed in sections of not more than six feet in height each and shall be designed and spaced as recommended by the Construction Official in consultation with the Borough Engineer to ensure the stability of the construction.

(d)

All structural retaining walls shall be landscaped on the downhill side to mitigate the potential visual impact of the wall structure(s) on neighboring properties, and the proposed landscaping shall be reviewed by the Borough Engineer and, if the Borough Engineer or the Board so recommends, by a landscape architect retained by the Board to ensure that the root system of any proposed landscaping will not undermine the long-term stability of the retaining wall and that the proposed landscaping will be viable and will achieve its aesthetic purpose.

(e)

The location and design of any proposed structural retaining wall(s) shall be shown on the proposed grading and stormwater management plan for the lot, which shall be subject to review and approval by the Borough Engineer.

(f)

Measures shall be instituted to prevent soil erosion and sedimentation due to land disturbance activities, and such measures shall be in operation during all stages of the development. The specific methods to be utilized to prevent soil erosion and sedimentation both during and after construction shall be shown on the grading and stormwater management plan.

(g)

The smallest practicable area of land shall be exposed at any one time during development. To that end, work shall be undertaken in discrete stages so as to minimize the extent and duration of exposed soil at any one time, and the proposed staging plan shall be subject to review as part of the grading and stormwater management plan. All stripping of vegetation, grading or other soil disturbance shall be undertaken in a manner that will avoid soil erosion and sedimentation. Sediment shall be required to be retained on the site. Sediment basins, debris basins, desilting basins, or silt traps may be required to be installed to remove sediment from runoff waters. In addition, temporary seeding, mulching, plant cover or other suitable stabilization measures shall be used to protect exposed areas during construction and other land disturbance activities.

(h)

The construction or installation of soil erosion and sediment control measures, such as diversions, sediment basins and other such structures, shall occur prior to the start of any other construction or on-site grading or land disturbance activities. All soil erosion and sediment control measures required by this subsection shall be maintained by the owner of the property and by all successors in title until the Borough Engineer has confirmed that the possibility of soil erosion and sedimentation no longer exists.

(i)

Where an applicant seeks approval of a conditional use pursuant to § 165-141, the Board shall review and act upon the proposed grading and stormwater management plan, based upon the Borough Engineer's review and recommendations, as part of its consideration of the conditional use application.

(9)

Landscaping and revegetation plan.

(a)

Where disturbance of predevelopment slopes of 15% or more will exceed applicable limits set forth in Subsection G(1) above, a proposed landscaping plan for the revegetation of the steep slopes disturbed on the lot shall be submitted to the Board or Borough Engineer, as the case may be. The landscaping plan shall accompany the application for minor subdivision approval, preliminary major subdivision approval or site plan approval, or if none of these approvals are required, then the application for a land disturbance permit. The landscaping plan shall show the locations of all existing vegetative types, including meadow, forest and scrub lands, and shall identify the locations and area of each type of vegetation to be removed and the locations and area of each type of vegetation to be preserved. Wherever feasible, natural vegetation shall be retained and protected.

(b)

The landscaping plan shall also identify the proposed final plant cover(s), and such plant cover(s), including lawns and ground covers, shall be installed prior to the issuance of a certificate of occupancy. In the event that the final plant cover cannot be installed because of weather conditions, the installation thereof shall be enforced by appropriate provisions in a bond or other surety and an improvement agreement. In such case, temporary protective measures shall be installed in accordance with the requirements of the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and shall be maintained until such time as the permanent protective measures can be installed.

(c)

The Board or Borough Engineer, as the case may be, may seek the advice of a consultant landscape architect in reviewing the landscaping plan.

(d)

Where an applicant seeks approval of a conditional use pursuant to § 165-141, the Board shall review and act upon the proposed landscaping plan as part of its consideration of the conditional use application.

(10)

Conservation easements. Lands to be preserved as open space due to the presence of steep slopes may be offered for dedication to the municipality, a private land trust or a nonprofit agency in order to preserve and maintain the area in its natural state. Portions of any individual lot that are required to be left undisturbed by the terms of this subsection are encouraged to be permanently protected by a conservation easement in favor of the Borough of Chatham.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

[Amended 9-9-1991 by Ord. No. 11-91; 4-5-1999 by Ord. No. 2-99]

Dwelling units shall each provide two spaces per dwelling unit.

Churches shall provide one space per every five permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)