A.
Accessory buildings as part of principal buildings.
An accessory building attached to a principal building shall be considered
part of the principal building and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal buildings. No construction permit shall be issued for the
construction of an accessory building prior to the issuance of a construction
permit for the construction of the main building upon the same premises.
If construction of the main building does not precede or coincide
with the construction of the accessory building, the Construction
Official shall revoke the construction permit for the accessory building
until construction of the main building has proceeded substantially
toward completion.
E.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Articles IV through VIII, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
[Added 12-10-2012 by Ord. No. 12-17]
A.
Purpose. This section regulates the placement of portable storage
containers or similar storage devices (commonly known as "portable
home storage unit/containers" or "PODS"®) in order to promote
the health and safety of the residents of the Borough of Chatham and
to preserve the aesthetic value of its neighborhoods.
B.
PORTABLE STORAGE CONTAINER
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the following meanings:
Any container, storage unit, shed-like container or other
portable structure that can be or is 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 building or shed complying
with all building codes and land use requirements. This term shall
not include roll-off or storage containers with storage capacity of
less than 150 cubic feet used for such purposes as yard waste and
debris removal.
C.
Permit requirements.
(1)
Permit required. The placement of a portable storage container
in any zoning district is allowed only upon issuance of a permit by
the Borough Zoning Official. Applications for a permit are available
at the Borough of Chatham's Construction Department.
[Amended 3-11-2013 by Ord. No. 13-04]
(2)
Exceptions. Where a portable storage container will be located
on a zoning lot for less than 72 hours, no permit is required. However,
the container company will be responsible for displaying documentation
on the portable storage container, in a conspicuous place, indicating
the delivery and removal dates and times.
(3)
Timing. A portable storage container may not be placed on the
premises any time prior to 24 hours preceding the anticipated use
of the container.
(4)
Duration. Portable storage containers are allowed to be placed
on a lot for a period not to exceed 90 consecutive days in any six-month
period.
(5)
Permit display. Permits shall be displayed in plain view from
the nearest street.
(6)
Permit cost: as set forth by resolution of the Mayor and Borough
Council.
D.
General requirements for all zoning districts.
(1)
No more than one portable storage container shall be permitted
on any lot.
(2)
No portable storage container shall have dimensions greater
than 16 feet in length, eight feet in width, or 8 1/2 feet in
height.
(3)
With the exception of the name, telephone number and address
of the container company and the permit, no signs or advertising may
be displayed on any portable storage container.
(4)
No portable storage container shall be placed or located closer
than five feet to any side or rear lot line.
(5)
Any portable storage container shall be located to the rear
of the front building line of the principal building facing a public
street.
(6)
Where there is no principal structure on a lot, including construction
sites, the portable storage container shall comply with the front
yard setback for that zoning district.
(7)
Wherever possible, a portable storage container shall be placed
on a driveway or other impervious surface and not upon a lawn or yard.
(8)
If site conditions prevent locating the portable storage container in conformity with Subsection D(4) through (6), the applicant may request permission for the portable storage container to be placed in such other location as the Borough Zoning Official permits, provided that it is no closer than 10 feet to the paved portion of any street and not obstructing any sidewalk.
[Amended 3-11-2013 by Ord. No. 13-04]
(10)
Portable storage containers may not be left open to view and
are to remain locked when not in use.
(11)
Portable storage containers shall be in a condition free from
rust, peeling paint, and other forms of deterioration.
(12)
Where applications are construction-related, applicants are
encouraged to move portable storage containers off site.
(13)
No portable storage container stored anywhere other than a "POD"
facility shall contain any flammable, combustible, toxic or hazardous
materials.
(14)
Upon reasonable notice, the permit holder shall permit the inspection
of the interior of any portable storage container by any municipal
official for compliance with this section.
(15)
In the event of fire, hurricane or other natural disaster causing
substantial damage to a primary structure, a property owner may apply
to the Borough of Chatham for a reasonable extension of the time that
the portable storage container may be located on a lot.
E.
Violations and penalties.
(1)
Any person, firm or corporation that shall violate any provisions of this section, upon conviction thereof by any court authorized by law to hear and determine the matter, shall be subject to the penalties provided in Chapter 1, § 1-14, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
(2)
The failure to remove a portable storage container at the end
of the lawful duration period may result in removal by the Borough
of Chatham of the container, without notice, and the cost of administration
and actual cost of its removal may be assessed against the property
on which the container was located and may be filed as a lien against
such property by the Borough Tax Collector.
[Added 4-13-2015 by Ord.
No. 15-04]
A.
Purpose. This section regulates the placement of ground-based mechanical
equipment in order to promote the health and safety of the residents
of the Borough of Chatham and to preserve the aesthetic value of its
neighborhoods.
B.
Applicability. This section shall apply only in residential zoning
districts in the Borough.
C.
AUTOMATIC STANDBY GENERATOR
GROUND-BASED MECHANICAL EQUIPMENT
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the following meanings:
Is a gasoline-, propane- or natural-gas-powered generator
which is permanently connected to the electrical system of a one-
or two-family residential structure and only operates to provide backup
power to the residential structure in the event of a power outage.
Is equipment attached to the ground classified under the
heading of heating, air conditioning, plumbing, electrical work, including,
but not limited to, heating, ventilating and air-conditioning (HVAC)
units as well as automatic standby generators, as that term is defined
herein.
D.
Permit required.
(1)
The placement of any ground-based mechanical equipment is permitted
only upon issuance of a permit by the Zoning Officer. Applications
shall be made on a form provided by the Borough Clerk.
(2)
A permit application shall be accompanied by an approved survey,
site plan or other drawing showing the proposed location in relation
to all structures and property lines along with any additional information
required the Zoning Officer deems necessary in order to review the
application.
(3)
The fee for any permit required pursuant to this section shall
be established by duly adopted resolution of the Mayor and Borough
Council.
E.
General requirements.
(1)
No ground-based mechanical equipment may be located in any front,
side or rear yard, except as set forth elsewhere in this section.
(2)
All ground-based mechanical equipment shall be set back a minimum
of four feet from any property line.
(3)
If located in a front yard, all ground-based mechanical equipment
shall be located outside of the required front yard setback.
(4)
All ground-based mechanical equipment shall be set back a minimum
of 10 feet from any structure located on an adjacent property.
(5)
All ground-based mechanical equipment shall be appropriately
screened, and such screening shall be subject to approval from the
Zoning Officer.
(6)
Ground-based mechanical equipment shall be located on the same
lot as the structure it serves.
(7)
Ground-based mechanical equipment may be replaced in the same
existing nonconforming location, provided the replacement does not
increase the square footage of the equipment footprint by more than
20%.
F.
Testing of any automatic standby generators permitted pursuant to
this section may only be done between the hours of 8:00 a.m. and 7:00
p.m., Monday through Friday; and Saturday, from 9:00 a.m. to 6:00
p.m. Testing and operation during power failure shall be exempt from
noise regulation under the Borough Code.
G.
Notwithstanding anything contained herein, all ground-based mechanical
equipment shall comply with the State Uniform Construction Code Act,
Uniform Fire Code or the manufacturer specifications, whichever requires
a greater separation distance.
H.
The Zoning Officer shall deny or grant with or without conditions
a permit within seven days of receipt of permit application.
I.
The Zoning Officer may impose such terms and conditions on a permit
as he/she deems necessary to secure the purposes of this section and
as appropriate to protect the general health, safety and welfare.
J.
Any deviation from the bulk standards contained in this section shall
require a variance pursuant to N.J.S.A. 40:55D-70c.
K.
The provisions of this section shall be administered and enforced
by the Zoning Officer, or his/her designated representative. Violations
of this section shall be punishable by a fine of up to $250 per day
for the first violation, up to $500 per day for a second violation,
and up to $1,000 per day for a third and subsequent violation. The
continuation of such violation of each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation shall be punished as provided above
for each separate offense.
[Amended 12-14-1981 by Ord. No. 21-81]
A.
Except as otherwise provided in this chapter, all
permitted fences shall conform to the following standards:
[Amended 1-27-2003 by Ord. No. 03-01]
(1)
If located anywhere in the exterior side yard of a
corner lot or the front yard of any lot, the height of the fence shall
not exceed four feet, and such fence shall be so constructed that
at least 50% thereof is open.
[Amended 12-11-1995 by Ord. No. 17-95]
(2)
If located in, along, adjacent to or parallel with
an interior side line of a corner lot or on either side line of any
other lot or in any other portion of the rear yard, and in all cases
to the rear of the front foundation line of the dwelling or structure
erected upon said lot the height of the fence shall not exceed five
feet.
[Amended 12-11-1995 by Ord. No. 17-95]
(3)
If located along the rear property line which is also
the rear property line of the abutting property, a fence may be constructed
to a height of not in excess of six feet. If located along a rear
property line which is also the side property line of the abutting
property, a fence may be constructed to a height of not in excess
of five feet.
[Amended 1-27-2003 by Ord. No. 03-01]
(4)
Within the entire side and front yards, up to the
property lines, of lots in the M-1, M-2 and M-3 Industrial Districts,
chain link fences of a height no greater than six feet are allowed,
unless the fence would run along, adjacent to or parallel with any
property line which abuts a residential zoning district or a lot containing
an existing residential use, in which case the other appropriate provisions
of this section would apply.
[Added 1-27-2003 by Ord. No. 03-01]
(5)
All fences shall be symmetrical in appearance, posts
separated by identical distances and constructed of fencing material
conforming to a definite pattern or size, and so constructed that
the more finished side of the fence shall be facing away from the
owners of property.
[Amended 12-11-1995 by Ord. No. 17-95; 1-27-2003 by Ord. No.
03-01]
(6)
No fence shall be constructed of masonry material,
barbed wire or any other material harmful to humans or animals, or
of odd-sized material of varying width, thickness or length.
[Amended 1-27-2003 by Ord. No. 03-01]
(7)
The height of a fence shall be determined by measuring
from the lowest point on the undisturbed ground under the fence.
[Added 12-11-1995 by Ord. No. 17-95;
amended 1-27-2003 by Ord. No. 03-01]
(8)
No fence shall be erected without a construction permit.
In considering applications for the erection of a fence, the Construction
Official may require a survey showing the proposed location of the
fence with respect to the existing property lines.
[Amended 12-11-1995 by Ord. No. 17-95; 1-27-2003 by Ord. No.
03-01]
B.
Notwithstanding the provisions of Subsection A hereinabove, the following provisions of this chapter shall be met:
(1)
Buffer areas shall meet the requirements specified
in § 165-164B(17).
(4)
Any fence situated within an officially designated
Fire District shall comply with all other applicable codes and ordinances.
(5)
Sight easements shall be required at intersections,
in addition to the specified right-of-way width, in which no grading,
planting or structure shall be erected or maintained higher than two
feet in height above the edge of the roadway, except for street signs,
fire hydrants and light standards. The sight easement is defined as
that area outside the street right-of-way which is bounded by the
intersecting street sidelines and a straight line connecting sight
points, one located on each of the two intersecting street side lines
at a point 25 feet from the point of street line intersection, either
actual or projected. Such easement dedication shall be expressed on
the site plan as follows: "Sight easement conveyed for the purposes
provided and expressed in the Land Development Ordinance of the Borough
of Chatham". After approval of an application for development calling
for a sight easement, applicant shall prepare an easement satisfactory
to the Board and have it executed and recorded.
[Amended 12-11-1995 by Ord. No. 17-95]
A.
Purpose.
(1)
Purpose. The purpose of this section is to protect and promote the
health, safety, and welfare of Borough residents and businesses by
regulating the design and installation of lighting fixtures to achieve
the following objectives:
(a)
To protect against direct glare and excessive lighting;
(b)
To provide safe roadways for motorists, cyclists, and pedestrians;
(c)
To mitigate light pollution and light trespass;
(d)
To promote energy conservation by installing efficient and cost-effective
lighting;
(e)
To provide lighting standards;
(f)
To provide a superior aesthetic and design quality of lighting
and fixtures; and
(g)
To eliminate the over illumination of commercial properties.
B.
BOARD
FOOTCANDLE (fc)
GLARE
HORIZONTAL ILLUMINANCE
IESNA
ILLUMINANCE
LIGHT FIXTURE
LIGHT TRESPASS
LUMEN
LUMINANCE
NADIR
RESIDENTIAL
SHIELDED LIGHT FIXTURE
TEMPORARY LIGHT FIXTURE
UNIFORMITY RATIO
VERTICAL ILLUMINANCE
Definitions. For purposes of this section, the following terms shall
have the following meanings:
The Borough of Chatham Zoning Board of Adjustment or Planning
Board as appropriate.
A unit of illuminance on a surface one foot square in area
onto which there is a uniform flux of one lumen.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
and visibility.
The illuminance on a horizontal plane expressed in footcandles
(fc).
Illuminating Engineering Society of North America, an organization
that recommends standards for the lighting industry.
The area of density of the luminous flux incident at a point
on a surface expressed in footcandles (fc).
An electrically powered illuminating device installed outdoors
emitting a total light source of more than 1,000 initial lumens per
fixture (the equivalent of approximately a single sixty-watt incandescent
bulb), including but not limited to devices used to illuminate any
site, architectural structure or sign. The term "light fixture" shall
include the elements designed to give light output control, such as
a reflector or mirror, the refractor or lens, the ballast, the housing,
and the attachment of related parts.
Excessive illumination at an adjacent property line that
produces light spill and/or glare as measured by the Borough Zoning
Official or his/her designee at a point at the adjacent property line
at a height of six feet and facing the light fixture(s).
[Amended 3-11-2013 by Ord. No. 13-04]
Measurement of light output. One lumen is equal to the amount
of light emitted by one candle that falls on one square foot of surface
located one foot away from the candle.
The quantity of light reflected or emitted towards an observer,
expressed in lumens per square foot.
The vertical line projecting downward to the ground from
the center of a lens of a light fixture.
One- and two-family dwelling units.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90° above nadir
through the light fixture's lowest emitting part. Any structural part
of the light fixture providing this cutoff angle must be permanently
affixed.
Any light fixture in place for 30 days or less.
The ratio of the brightest spot to the dimmest spot, or the
ratio of the average brightness to the minimum brightness.
The illuminance on a vertical plane expressed in footcandles
(fc).
C.
General requirements.
(1)
The provisions of this section shall not apply to the following:
(b)
Lighting required by law to be installed on surface vehicles
and aircraft;
(c)
Temporary emergency lighting;
(d)
Temporary light fixture(s) other than security lighting at construction
projects;
(e)
Light fixtures emitting less than 1,000 lumens, except that all light fixtures must meet the requirements of § 165-78E(1)(b) and § 165-78C(3).
(f)
Temporary light fixtures installed for less than 30 days except
that, where feasible, such lighting fixtures shall be shielded or
directed so as to avoid light trespass; and
(g)
Government and municipal uses, including public schools, municipal
buildings, pools, recreation fields, parks and other governmental
uses.
(2)
Height of light fixtures.
(a)
The height of a light fixture shall be measured from ground
level to its highest point and shall include the base of the light
fixture.
(b)
The maximum height of a light fixture shall be 15 feet for residential
structures, but in no case higher than the principal building(s) or
structure(s); 20 feet for commercial structures, but in no case higher
than the principal building(s) or structure(s); and a maximum height
of a light fixture shall be 12 feet for walkways.
(3)
Light trespass on residential property. It is the intent of this
section to regulate both light spillage and glare as light trespass.
To control light trespass, the maximum vertical illumination shall
be no greater than 0.1 vertical footcandle and no light fixture(s)
shall cause any glare, as determined by the Borough Zoning Official
or his/her designee, when measured at a point at the adjacent property
line at a height of six feet and facing the light fixture(s).
[Amended 3-11-2013 by Ord. No. 13-04]
(4)
Plan requirements. Where required, a development application shall
include a lighting plan. The lighting plan shall clearly show the
following:
(a)
The location and description of every light fixture, including
the aiming angle, mounting height and hours of operation.
(b)
A description of the outdoor light fixture, including specifications
such as lamps, optics, cutoff angle, supports, poles and manufacturer's
catalog cuts for each type.
(c)
Foundation details for light poles.
(d)
A schedule providing for the reduction of on-site lighting during
the nonoperating hours to the levels necessary for security purposes.
(f)
A computer-generated photometric grid showing the light distribution
pattern footcandle readings across the site and at the property line
at ten-foot intervals.
(5)
Construction. All light fixtures shall be constructed in compliance
with applicable construction codes.
(6)
Enforcement. Enforcement of the provisions of this section may be
made on the basis of a valid written complaint filed with the Borough
Zoning Official or his/her designee.
D.
Nonresidential (commercial) uses.
(1)
General.
(a)
All parking areas and walkways thereto and appurtenant passageways
and driveways serving nonresidential uses shall be adequately illuminated
for security and safety purposes.
(b)
Lighting colors and fixture types shall be consistent throughout
the site and shall complement the architectural theme and landscaping
of the site. Lighting levels shall not exceed IESNA illuminance recommendations.
(c)
Light sources shall be shielded light fixtures. Light fixtures shall not be aligned or focused to illuminate above the horizontal plane, except for fixtures described in § 165-78D(1)(d) below.
(d)
Light fixtures used to illuminate flags shall only use a narrow
cone of light that will not extend beyond the illuminated flag.
(e)
Outdoor light fixtures not essential for security purposes,
including but not limited to display lighting, shall be turned off
by 10:00 p.m. or within one hour after the business closes, whichever
is later and remain off during nonbusiness hours.
(f)
All outdoor light fixtures, once properly installed, shall be
permanently affixed in the approved position.
(g)
Notwithstanding the provisions of Chapter 165, the following lighting used for advertising or promotion shall be prohibited:
(h)
All light fixtures shall be subject to a post-development inspection
to determine compliance with the requirements of this section.
(i)
Notwithstanding anything contained herein to the contrary, no
light fixture, building mounted or freestanding, may exceed 12 feet
in height within 25 feet of any abutting residential property.
(2)
Ground-mounted building facade light fixtures.
(a)
Where exterior building or vertical structure illumination is
permitted, it shall be approved by the Board based on the following
standards:
(4)
Landscaping. Where landscaping is to be illuminated, the Board shall
first approve a landscape lighting plan. The plan shall include cutoffs
so that at least 90% of the light generated will be confined to the
landscaping. A timer shall control all such landscape lighting and
the Board shall approve the timing schedule.
(5)
Parking areas.
(a)
Parking lot lighting. Parking lot lighting shall provide adequate
illumination and minimize glare and light trespass. Parking lot lighting
shall be turned off by 10:00 p.m. or within one hour after the business
closes, whichever is later and remain off during nonbusiness hours.
Parking lot lighting shall meet the following illumination standards
(all levels in footcandles):
|
Parking Lots
|
Basic
(footcandles)
| ||
|---|---|---|---|
|
Minimum horizontal illuminance
|
0.2
| ||
|
Average horizontal illuminance
|
1.0
| ||
|
Average to minimum
|
5:1
| ||
|
Maximum to minimum
|
20:1
| ||
|
Minimum vertical illuminance
|
0:1
| ||
E.
Residential uses.
(1)
General.
(a)
Existing light fixtures. Existing light fixtures that cause
light trespass should be adapted to comply with this section by adding
a properly designed hood or shield, or by reaiming the fixture.
(b)
Setback requirements. Light fixtures shall not be located within
the side yard setbacks or within the rear yard setbacks or 20 feet
of the rear property line, whichever area is less. The total number
of light fixtures located in front of the residential structure, defined
as including the front facade or the residential structure and extending
outward to the front property line, shall be no more than five light
fixtures. The total number of light fixtures on the entire property
shall be less than 10 light fixtures.
(2)
Motion-activated security lighting. Motion-activated security lighting
shall be controlled and activated by infrared sensors, motion sensors,
a security alarm system and/or a panic button and shall be set to
automatically turn off after a maximum period of three minutes following
activation.
(3)
Decorative lighting.
(a)
Whenever practicable, accent, architectural or building lighting
shall be directed downwards onto the building or object and not toward
the sky or onto adjacent properties. Direct light emissions shall
not be visible above the roofline or beyond the building/object edge.
(b)
Decorative lighting on landscaping and foliage shall be confined
to the target landscaping as much as possible and conform to the limitations/definitions
of the glare source.
A.
Side lot lines shall be either at right angles or
radial to street lines. No side line in a residential zone shall be
given more than one course where it is evident that it was done solely
for the purpose of compliance with the side yard requirements for
the affected lots.
[Amended 12-11-1995 by Ord. No. 17-95]
B.
Each lot must front upon an approved public street
as approved in N.J.S.A. 40:55D-35.
[Amended 12-11-1995 by Ord. No. 17-95]
C.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street lines and
all setbacks shall be measured from such lines.
D.
All lot corners of lots approved as part of a subdivision
submission shall be marked with a metal alloy pin or concrete monument
of permanent character.
A.
Natural features such as trees, hilltops and views,
natural terrain, open waters and natural drainage ridge lines shall
be preserved whenever possible in designing any development containing
such features.
B.
No topsoil shall be removed from areas intended for
lawn or open space. Topsoil moved during the course of construction
shall be redistributed so as to provide at least four inches of cover
to all such areas, which shall be stabilized by approved seeding and/or
planting.
C.
A conscious effort shall be made to preserve all worthwhile
trees and shrubs which exist on the site. Stripping trees from a lot
or filling around trees on a lot shall not be permitted unless it
can be shown that grading or construction requirements necessitate
removal of trees, in which case those lots shall be replanted with
trees to reestablish the tone of the area in conformance with adjacent
lots. All newly planted shade trees shall be of nursery stock, shall
have a minimum caliper of two inches and shall be of a species approved
by the Board with the advice of the Borough Shade Tree Commission.
In any case, a sufficient number of shade trees shall be provided
and planted to insure a minimum of eight trees per acre of lot area
for each lot. The proposed location of all trees shall be indicated
on the site plan and/or subdivision submission.
A.
Whenever the owner of a lot which existed on October
15, 1953, has dedicated or conveyed land to the Borough in order to
meet the minimum street width requirement of the Official Map or Master
Plan of the Borough, the Construction Official shall issue building
and occupancy permits for the lot whose depth and/or areas are rendered
substandard in area only because of such dedication and where the
owner has no other adjacent lands to provide the minimum requirements.
[Amended 2-8-1993 by Ord. No. 3-93]
B.
Any nonconforming use or structure existing at the
time of the passage of an ordinance may be continued upon the lot
or in the structure so occupied, and any such structure may be restored
or repaired in the event of partial destruction thereof, so long as
such restoration or repair does not increase any nonconformity.
[Amended 12-11-1995 by Ord. No. 17-95]
C.
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure or a structure
containing a nonconforming use.
[Amended 2-8-1993 by Ord. No. 3-93]
D.
If a nonconforming building or use is subsequently
changed to a conforming use, it shall not be altered again except
in conformity with the requirements of the district wherein such building
or use is located.
[Amended 3-13-1989 by Ord. No. 2-89]
E.
The abandonment of a nonconforming building or use
for a period of one year shall be regarded as permanent abandonment
and, thereafter, the land or buildings shall not be reoccupied or
used except in conformity with the regulations of the district wherein
such land or building is located.
[Amended 3-13-1989 by Ord. No. 2-89]
F.
Nonconforming structures. No nonconforming structure
shall be enlarged, extended, constructed, reconstructed, or structurally
altered in any manner without an appeal for variance relief and the
granting of such relief. If, however, an application for such development
involves a one- or two-family residence and said application itself
does not violate any of the provisions of this chapter, the applicant
may be allowed to proceed with the proposed development without an
appeal for variance relief and the granting of such relief.
[Amended 2-8-1993 by Ord. No. 3-93]
G.
Nonconforming uses. No structure containing a nonconforming
use shall be enlarged, extended, constructed, reconstructed or structurally
altered in any manner without an appeal for variance and the granting
of such relief.
[Amended 2-8-1993 by Ord. No. 3-93]
[Amended 12-26-1979 by Ord. No. 13-79]
A.
Residential uses.
(1)
All driveways and parking areas serving one-family
and two-family dwellings shall be paved or graveled to handle adequately
the vehicles for which provision is made. No such driveway shall be
any closer to the side line of the property than two feet, and any
such driveway shall be at least eight feet in width. All driveways
and parking areas serving garden apartment dwelling units shall be
paved as specified by the Borough Engineer.
[Amended 12-11-1995 by Ord. No. 17-95]
(2)
The off-street parking facilities required for one-family,
two-family and garden apartment dwelling units shall be on the same
lot or parcel of land as the buildings they are intended to serve.
A multifamily dwelling, except in the AFD Affordable Housing Zones,
must have 1 1/2 parking spaces for each dwelling unit.
[Amended 12-11-1995 by Ord. No. 17-95]
(3)
No parking of vehicles shall be permitted in landscaped,
lawn or sidewalk areas nor, as to garden apartment dwelling units,
in fire lanes, buffer areas or within five feet from any property
line.
(4)
There shall be a maximum of two driveways on any lot
crossing the street line of the street in front of the residence.
If there are two such driveways, their center lines shall be spaced
at least 45 feet apart at the street line; they shall handle no more
than two lanes of traffic; no part of a driveway shall be less than
10 feet from the property side lines; and, in the case of a corner
lot, no part of a driveway shall be closer to the side line of the
intersecting street than 50 feet or 1/2 the lot frontage, whichever
is greater, except that in no case shall this distance have to exceed
100 feet.
(a)
Driveways in excess of 16 feet width at the
street line shall be prohibited, except that two way driveways serving
garden apartment dwelling units shall be at least 24 feet wide.
(b)
In the layout of all driveways, due consideration
shall be given to the proposed width, curbing, direction of traffic
flow, radii of curves and method of dividing traffic lanes.
[Amended 12-11-1995 by Ord. No. 17-95]
(5)
All parking areas serving garden apartment dwelling
units shall be designed to permit each vehicle to proceed to and from
the parking space provided for it without the moving of any other
vehicle.
(6)
No vehicle, boat, trailer, or other conveyance, except
private passenger vehicles, shall be parked or stored on a lot unhoused
in front of a line extending between the side lines of lot, parallel
to the street line and passing through the rear line of the principal
building. (If there be no principal building such prohibition shall
apply to the front half of the lot). On a corner lot, no such vehicles,
boat, trailer or other conveyance except private passenger vehicles,
shall be parked in front of lines extending through the walls of the
principal building which are farthest from both streets. To the rear
of such lines, only the following vehicles may be stored unhoused
or parked unhoused, provided they are operative and currently licensed
and inspected:
[Amended 12-11-1995 by Ord. No. 17-95]
(7)
No commercial vehicle which has a gross vehicle weight
rating in excess of 5,000 pounds shall be parked or stored outdoors
overnight in any residential zone, and only one such vehicle per lot
may be housed in such districts, provided it is housed within a garage
at all times.
[Amended 3-13-1989 by Ord. No. 2-89]
(8)
All detached single-family houses hereafter constructed
shall have at least a one-car enclosed garage. All detached single-family
houses having at least one garage or carport shall retain the same
or substitute at least a one-car enclosed garage.
[Added 12-11-1995 by Ord. No. 17-95]
(9)
Minimum required bicycle parking. One bicycle parking space shall
be provided for every 10 required off-street parking spaces. Such
bicycle parking shall be located and clearly designated in a safe
and convenient location, shall be designed to accommodate U-shaped
locking devices, and shall support bicycles in a stable position without
damage to wheels, frame, or other components, and shall be securely
anchored.
[Added 9-10-2012 by Ord. No. 12-13]
B.
Nonresidential uses.
(1)
Each off-street parking area shall have a landscaped
area at least the size of a parking space for every 10 parking spaces,
with 1/2 of said landscaped spaces having shrubs no higher than three
feet and the other half having branches no lower than seven feet.
Such landscaped spaces shall be distributed throughout the parking
area in order to break the view of long rows of parked cars in a manner
not impairing visibility. Compliance with these provisions shall not
be construed as meeting the requirements of buffers as specified elsewhere
in this chapter.
[Amended 12-11-1995 by Ord. No. 17-95]
(2)
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 165-78.
(3)
Surfacing and curbing. All parking and loading areas
and access drives shall be paved in accordance with a plan submitted
to and approved by the Borough Engineer. Such a plan will include
the following components:
[Amended 12-11-1995 by Ord. No. 17-95]
(4)
Access.
[Amended 12-11-1995 by Ord. No. 17-95]
(a)
There shall be a maximum of two driveways on
any lot crossing the street line of the fronting street. If there
are two such driveways, their center lines shall be spaced at least
45 feet apart at the street line; each shall handle no more than two
lanes of traffic; no part of a driveway shall be less than 10 feet
from the property side lines; and, in the case of a corner lot, no
part of a driveway shall be closer to the side line of the intersecting
street than 50 feet or one-half the lot frontage, whichever is greater,
except that in no case shall this distance have to exceed 100 feet.
[Amended 4-25-2005 by Ord. No. 05-09]
(b)
Two-way driveways shall be at least 24 feet
wide; one-way driveways shall be at least 12 feet wide. In the layout
of all driveways, due consideration shall be given to the proposed
width, curbing, direction of traffic flow, radii of curves and method
of dividing traffic lanes. Street curbing shall be eliminated where
it would otherwise cross the end of a driveway. Driveway curbing may
be flared into the street curb. Due consideration should be given
to compliance with state or county regulations in opening driveways
to streets.
(5)
(a)
No parking spaces or loading zones shall be
permitted in fire lanes, driveways, landscaped areas, aisles, buffer
areas, sidewalks, or turning areas, or less than five feet from any
property line.
[Amended 12-11-1995 by Ord. No. 17-95]
(b)
The off-street parking facilities required for
nonresidential uses, as permitted by this chapter, shall be provided
within 200 feet of the building they are intended to serve, measured
between the nearest point of the off-street parking facilities and
the nearest point of the building. All such parking spaces shall be
owned, leased or otherwise under the control of the user of the nonresidential
use. Nothing in this chapter shall be construed as including any municipal
parking, operated/maintained by the Borough of Chatham.
(c)
No parking space or aisle shall extend into
any front yard, or within the setback line of the side yard adjacent
to a street on a corner lot.
(d)
All loading zones shall be so designated.
[Added 12-11-1995 by Ord. No. 17-95]
(6)
Parking access. Provisions for parking spaces on a
site plan must also include adequate driveway and necessary turning
areas for handling the vehicles which will be using the site. Parking
areas shall be designated to permit each motor vehicle to proceed
to and from the parking space provided for it without requiring the
moving of any other motor vehicles. Where the angle of parking is
different on one side of the aisle than it is on the other, the larger
aisle width requirement shall prevail.
[Amended 12-11-1995 by Ord. No. 17-95]
(7)
Calculation of parking space. When the computation
to determine the number of required parking spaces results in a requirement
of a fractional space, any fraction shall require one additional parking
space.
[Amended 11-9-1987 by Ord. No. 15-87]
(8)
Parking stall dimensions/layout.
[Added 9-10-2012 by Ord. No. 12-13]
(a)
Parking stalls shall be nine feet by 18 feet, except that stalls for supermarkets or other uses where shopping carts are used shall be 10 feet by 18 feet and except for end to end parallel parking as noted in Subsection B(8)(c) below.
(b)
Hairpin striping shall be provided, where appropriate.
(c)
End-to-end parallel parking shall have a minimum dimension of
eight feet by 23 feet.
[Amended 12-11-1995 by Ord. No. 17-95]
An application for a permit shall provide documentation
that the intended use will comply with the performance standards enumerated
hereinbelow. In the case of a structure being built where the future
use is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A.
Electrical and electronic devices. Electrical and
electronic devices shall comply with all applicable statutes and regulations.
B.
Heat. No use shall produce heat perceptible beyond
the lot lines of the lot containing the use.
C.
Noise. Equipment shall be designed and operated so
that noise levels are in accordance with rules and regulations established
by the New Jersey State Department of Environmental Protection.
[Added 4-25-2005 by Ord. No. 05-09]
D.
Odor. No use shall produce odors perceptible beyond
the lot lines of the lot containing the use.
E.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance be deposited which can contaminate an underground aquifer
or otherwise render such underground aquifer undesirable as a source
of water supply or recreation, or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored indoors and enclosed in appropriate containers
adequate to eliminate such hazards.
F.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines 10
feet or equipped with baffles to deflect the discharged air away from
the adjacent use.
G.
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate lot.
[Amended 12-14-1981 by Ord. No. 21-81]
Unless otherwise specifically permitted in this
chapter, no more than one principal dwelling or building shall be
permitted on one lot.
[Amended 12-14-1981 by Ord. No. 21-81]
A.
All public services shall be connected to an approved
public utilities system where one exists. The developer shall arrange
with the servicing utility for the underground installation of the
utilities' distribution supply lines and service connections.
B.
Easements for utility installation may be required.
Such easements shall be at least 20 feet wide and shall be located
on the premises after consultation with the utility companies and
Borough departments concerned. They shall to the fullest extent possible
be centered on, or adjacent to, rear or side lot lines. Easements
shall be referred to on the plan as follows: "Utility easement." Deeds
of easement, after approval of the Borough Engineer and the Planning
Board, shall be executed and recorded in the Morris County Clerk's
Office.
[Amended 12-11-1995 by Ord. No. 17-95; 3-11-2013 by Ord. No.
13-04]
[Amended 12-14-1981 by Ord. No. 21-81]
A.
If a public treatment and collection system is accessible
or planned, the developer shall construct facilities in such a manner
as to make adequate sewage treatment available to each lot and structure
within the development by said treatment and collection system.
B.
Any treatment plant and collection system, shall be
designed in accordance with the requirements of the State Health Department
or Borough ordinances enforced by the Borough Board of Health, whichever
is more restrictive, and shall be subject to approval by the Borough
Board of Health. Individual on-lot septic systems are prohibited.
[Amended 12-11-1995 by Ord. No. 17-95]
[Amended 12-14-1981 by Ord. No. 21-81]
A.
Streets.
(1)
All developments shall be served by public streets
paved in accordance with Borough specifications. The arrangement of
streets not shown on the Master Plan or Official Map, as adopted by
the Borough, shall be such as to provide for the appropriate extension
of existing streets and should conform with the topography.
(2)
When a new development adjoins land susceptible of
being subdivided, suitable provisions shall be made for access of
the remaining and/or adjoining tract to existing or proposed streets.
(3)
In the event that a development adjoins or includes
existing streets that do not conform to widths as shown on the adopted
Master Plan and/or Official Map or the street width requirements of
this chapter, additional land along either or both sides of said street,
sufficient to conform to the right-of-way requirements, shall be dedicated
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way. The necessary deeds of ownership shall be
furnished, and the dedication shall be expressed as follows: "Street
right-of-way granted permitting the entrance upon these lands for
the purposes provided for and expressed in the Land Development Ordinance
of the Borough of Chatham." This statement shall in no way reduce
the developer's responsibility to provide, install, repair or maintain
the facilities in the area dedicated by ordinance and/or as shown
on the plan and/or as provided for by any maintenance or performance
guarantees. If the development is along one side only, 1/2 of the
required extra width shall be dedicated. Additionally, that portion
of the existing street or road adjoining or included within a site
plan or major subdivision shall be improved, including excavation,
grading, base courses and surfacing in accordance with the road improvement
standards of this chapter.
(4)
In all developments, the minimum public street right-of-way
shall be at least 50 feet measured from lot line to lot line, but
in no case shall a new street that is a continuation of an existing
street be continued at a width less than the existing street although
a greater width may be required.
(5)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60° and approaches
to all intersections shall follow a straight line for at least 100
feet. No more than two streets shall meet or intersect at any one
point and the center lines of both intersecting streets shall pass
through a common point.
(6)
A cul-de-sac of a permanent nature (where provision
for the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall be no more than 400 feet on the
curbline plus a utility and planting strip width of 10 feet around
the entire cul-de-sac for a total right-of-way radius of 50 feet.
The center point for the radius shall be on the center line of the
associated street or if offset to a point where the radius becomes
tangent to the right curbline of the associated street.
(7)
No street shall have a name which will duplicate or
nearly duplicate the name of an existing street that confusion results.
The continuation of an existing street shall have the same name. Curvilinear
streets shall change their names only at street intersections. The
Board shall reserve the right to approve or name streets within a
proposed development.
(8)
The pavement width of streets and the quality of surfacing
and base materials shall adhere to the minimum standards set forth
by the Borough, County or State Engineer when said paving concerns
roads under their jurisdiction.
[Amended 12-11-1995 by Ord. No. 17-95]
(9)
The approval of any map of land delineating streets
by the governing body of the Borough shall in no way be construed
as an acceptance of any street indicated thereon.
B.
Curbs. Granite block curbing shall be installed along
every street within a development and at intersections with existing
Borough, county or state roads and shall meet the specifications,
and be installed in a manner, both as determined by the Borough Engineer.
[Amended 12-11-1995 by Ord. No. 17-95]
C.
Sidewalks and aprons.
(1)
Sidewalks and aprons shall be required on both sides
of all proposed streets, unless specifically waived by the Planning
Board.
(2)
Sidewalks shall be at least four feet wide. Sidewalks
and aprons shall be concrete and shall be constructed in accordance
with the requirements specified by the Borough Engineer.
[Amended 12-14-1981 by Ord. No. 21-81]
A.
Pool area and location.
(1)
The pool, its apron and any structures accessory to
the pool shall be included in determining lot coverage. The water
surface area of a private swimming pool hereafter constructed or enlarged
shall not exceed 25% of the actual rear yard area, such rear yard
area being determined for this purpose by projecting the rear line
of the residence building to the side lines of the lot and determining
the area to the rear of that line. No part of the surface area of
a private swimming pool shall be closer than 20 feet to the rear line
nor closer than 20 feet to the side line. In all cases the pool shall
be located behind the rear line of the existing structures adjacent
thereto.
[Amended 12-11-1995 by Ord. No. 17-95]
(2)
Where the pool is installed on a corner lot, the side
nearest the street shall be screened with shrubs no less than four
feet in height above ground level.
[Amended 12-11-1995 by Ord. No. 17-95]
(3)
No private swimming pool shall be less than 20 feet
from any sanitary disposal system or part thereof; provided, however,
that this requirement shall not apply to any property which is served
by and connected to a Borough sanitary system.
B.
Use of public water. No public water shall be used
in connection with the operation of any private swimming pool during
any time when restrictions are imposed upon the use of such public
water.
C.
Discharge of water. If a catch basin for stormwater
is readily accessible to the premises upon which a private swimming
pool is located, water from the pool shall be emptied into such catch
basin. Any permanent connection to the municipal storm drain system
shall be made only upon permission of the Borough Administrator and
under the supervision of the Borough Engineer. No private swimming
pool shall be wholly or partially emptied into any sanitary sewer
system, cesspool or septic tank, nor in any manner that will create
a hazard or nuisance or cause surface water to flow upon the land
of another or upon a public road.
D.
Fencing of private swimming pools. Every private swimming
pool shall be completely enclosed by a permanent substantial fence
with a gate or gates; these shall comply with Construction Code requirements,
but in any case they shall have a height of no less than four feet
above ground level. No aperture in such fence or any gate shall be
more than three inches in width. Such fence and any gate shall be
so designed, constructed and maintained as to prevent access to the
pool by children at any time except when the pool is in use under
the supervision of the possessor of the pool or by his permission.
[Amended 12-11-1995 by Ord. No. 17-95]
E.
Artificial illumination. Any electric lights used in connection with a private swimming pool shall be in full compliance with the provisions of § 165-78 of this chapter.
[Amended 12-11-1995 by Ord. No. 17-95]
F.
Filtration. Every pool shall be equipped with such
filtration, circulation, clarification and chlorination systems as
may be required under regulations of the Borough Board of Health to
maintain the water in a clean and healthful condition.
G.
Construction permit. No swimming pool shall be erected
without a construction permit. Any application for a swimming pool
shall be accompanied by a survey prepared by a licensed surveyor or
engineer on which the licensed professional has located the proposed
pool and certified that said location is accurate; the certification
shall also set forth the area of the rear yard and the area of the
pool and its accessory structures as calculated by the licensed professional.
After completion of the pool, the licensed professional shall certify
that the pool was actually constructed in the location as indicated
on the aforementioned survey.
[Amended 12-11-1995 by Ord. No. 17-95]
[Amended 12-11-1995 by Ord. No. 17-95]
Each nonresidential building shall provide at
least one solid waste pickup area, either within the building or outside
the building in the rear yard area. All outside locations shall be
obscured from view from parking areas, streets and adjacent districts
by a fence, wall, planting or combination of the three as approved
by the Planning Board or Zoning Board of Adjustment.
Water mains shall be constructed in such a manner
as to make adequate water service available to each lot or building
within the development. The entire system shall be designed in accordance
with the requirements and standards of the Borough. The system shall
also be designed with adequate capacity and sustained pressure in
a looped system with no dead-end lines, wherever possible.
[Amended 12-14-1981 by Ord. No. 21-81]
No open space provided around any principal
building for the purposes of complying with the front, side, rear
or other yard provisions of this chapter shall be considered as providing
the yard provisions for another principal building.
[Amended 11-9-1987 by Ord. No. 15-87]
A.
Permit required. Land disturbance, as defined in this
chapter, shall not be permitted and no person shall disturb any land
except pursuant to and where included in an approved site plan or
valid building permit issued pursuant to this chapter.
B.
Application for permit as part of a more extensive
application. When not included as part of a more extensive application,
an application for a building permit to disturb land will be filed
with the Construction Official accompanied by at least a written description
and sketch showing the land disturbance proposed.
C.
Action on application. If the Construction Official
finds, based on the initial application, that no soil removal is involved,
and that the disturbance will not change the topography or drainage
of the premises, such as to affect drainage on a neighbor's property,
and that no violation of any other law or regulation is proposed,
he shall issue a permit upon payment of the appropriate fee. When
the application indicates soil removal or fill may be involved, that
a change in the topography or drainage of the premises could occur,
or that the approval of the Morris County Soil Conservation District
is required, he shall refer the application to the Borough Engineer
for review.
[Amended 4-25-2005 by Ord. No. 05-09]
D.
Plot plan required. When the application is referred
to the Borough Engineer for review the applicant shall be advised
and required to file, in triplicate, a plot plan for the premises
which said plot plan shall contain:
(1)
The location and description of all existing natural
and man-made features on the site, including existing and proposed
contours, existing and proposed drainage and surface water flows with
necessary profiles and cross sections, prepared by a professional
engineer licensed to practice in the State of New Jersey.
(2)
The proposed dates for the commencement and completion
of the work.
(3)
The name and address of the owner of the land.
(4)
Lot and block numbers of the lands as shown on the
current Tax Map of the Borough.
(5)
Reason for removing or filling in of any soil.
[Amended 4-25-2005 by Ord. No. 05-09]
(6)
Type and quantity of any soil to be removed.
(7)
Location to which soil is to be removed.
(8)
Such other pertinent data as the Borough Engineer
may deem necessary.
(9)
An engineer's estimate of the cost of the work to
be performed.
E.
Factors considered in reviewing applications.
(1)
In considering and reviewing an application referred
to him, the Borough Engineer shall be guided by and take into consideration
the public health, safety and general welfare, and particular consideration
shall be given to the following:
(2)
If after considering the above factors the Borough
Engineer determines that the proposed disturbance, removal or redistribution
of soil will not be detrimental to the health, safety or welfare of
the Borough or its inhabitants, he shall approve the plans. Upon approval
of the plans, payment of fees and filing of the bond, required by
this chapter, the Construction Official shall issue a soil disturbance
permit. Notice of the grant or denial of the application shall be
given to the applicant within 45 days after a complete application
is filed.
F.
Fees and bond requirements.
[Amended 4-25-2005 by Ord. No. 05-09; 2-8-2021 by Ord. No. 21-01]
(1)
The application fee for a land disturbance permit shall be a minimum
fee of $80 and may be amended by duly adopted resolution of the Council
from time to time. The application shall be on a form prescribed for
said purpose and shall be available from the Borough Clerk or Zoning
Official.
(2)
The applicant must also submit an escrow to cover all engineering
costs in reviewing the application. Engineering fees shall be based
upon the Borough Engineer's regular hourly rate. All fees must
be paid when submitting the land disturbance permit issued pursuant
to this chapter and prior to the release of any performance guarantee
that may have been posted with respect to the property.
(3)
Upon the certification of the Borough Engineer that the proposed
land disturbance will have a direct effect on public improvements
in the vicinity of the proposed development, the applicant shall file
with the Borough Clerk a performance guarantee in an amount equal
to the total cost of the work to be performed as estimated by the
Borough Engineer. The bond shall be conditioned as follows:
(a)
That the applicant will complete the work authorized by the
permit in conformity with the terms of the permit and the provisions
of this chapter on or before the date of completion set forth in the
application.
(b)
That the applicant will repair any public street, sidewalk,
right-of-way, structure or land which may be damaged as a result of
the work authorized by the permit.
G.
General provisions. Soil disturbance conducted under
a permit issued under this chapter shall be in accordance with the
following regulations:
(1)
Operations shall be conducted so that there shall
be no sharp declivities, pits or depressions.
(2)
Land shall be graded so as to conform to the contour
lines and grades approved and shall be cleared of debris.
(3)
The top layer of soil to a depth of six inches shall
not be removed from the premises but shall be set aside and respread
over the premises when the remainder of the soil has been removed.
(4)
All of the work described in this chapter shall be
performed between the hours of 8:00 a.m. and 8:00 p.m. on any working
day.
(5)
Adequate measures shall be taken to prevent erosion
or the depositing of soil or surface runoff upon surrounding lands.
H.
Injunctive proceedings. Nothing in this chapter shall
be construed as to prevent the Borough from taking injunctive proceedings
to restrain removal of topsoil as described in this chapter.
[Added 12-9-1985 by Ord. No. 21-85]
(Reserved)
[Added 9-23-2002 by Ord. No. 02-18]
A.
The floor of a deck shall at no point be more than
eight feet above the original ground elevation underneath.
B.
No part of a deck shall be closer than 30 feet from
the rear line of the property.
C.
A deck shall be set back at least three feet from
the existing side yard of the property, but in no case shall it be
set back less than 12 feet from the side line of the property.
D.
In order to qualify for the 50% exemption from inclusion in lot coverage which is provided for in the definition of lot coverage in § 165-10, a deck must comply with the following requirements as well as those listed in Subsections A through C above:
(1)
There must be a minimum gap of 3/16 inch between any
adjoining floor boards of the deck.
(2)
For the purpose of storm drainage, there shall be
installed either:
(a)
Uniformly graded crushed stone, in a bed six
inches deep under the deck, with any necessary filter fabric to prevent
clogging of the stone; or
(b)
A dry well with an effective volume equal to
six inches of uniformly graded crushed stone times the area of the
deck, with any necessary piping and filter fabric to prevent clogging
of the stone.
