Chatham City Zoning Code
ARTICLE XII
Design Standards
§ 165-76 Accessory buildings.
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.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Articles IV through VIII.
D.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Articles IV through VIII.
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.
§ 165-76.1 Portable storage containers.
[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.
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings:
PORTABLE STORAGE CONTAINER
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]
(9)
Where a portable storage container is lawfully located in a driveway or other area pursuant to Subsection D(7) or (8), the applicant will attempt to locate it in a manner that allows for adequate off-street parking.
(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.
§ 165-76.2 Ground-based mechanical equipment.
[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.
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings:
AUTOMATIC STANDBY GENERATOR
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.
GROUND-BASED MECHANICAL EQUIPMENT
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.
§ 165-77 Fences and sight triangles.
[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 § 165-163D(3).
[Amended 5-13-2024 by Ord. No. 24-03]
(2)
Off-street parking, loading, driveway areas shall meet the requirements specified in § 165-82A.
(3)
Swimming pools shall be fenced as specified in § 165-88D.
(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]
§ 165-78 Lighting.
[Amended 12-11-1995 by Ord. No. 17-95; 3-11-2013 by Ord. No. 13-03[1]]
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.
Definitions. For purposes of this section, the following terms shall have the following meanings:
BOARD
The Borough of Chatham Zoning Board of Adjustment or Planning Board as appropriate.
FOOTCANDLE (fc)
A unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.
GLARE
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.
HORIZONTAL ILLUMINANCE
The illuminance on a horizontal plane expressed in footcandles (fc).
IESNA
Illuminating Engineering Society of North America, an organization that recommends standards for the lighting industry.
ILLUMINANCE
The area of density of the luminous flux incident at a point on a surface expressed in footcandles (fc).
LIGHT FIXTURE
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.
LIGHT TRESPASS
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]
LUMEN
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.
LUMINANCE
The quantity of light reflected or emitted towards an observer, expressed in lumens per square foot.
NADIR
The vertical line projecting downward to the ground from the center of a lens of a light fixture.
RESIDENTIAL
One- and two-family dwelling units.
SHIELDED LIGHT FIXTURE
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.
TEMPORARY LIGHT FIXTURE
Any light fixture in place for 30 days or less.
UNIFORMITY RATIO
The ratio of the brightest spot to the dimmest spot, or the ratio of the average brightness to the minimum brightness.
VERTICAL ILLUMINANCE
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:
(a)
Decorative holiday lighting in residential districts and as provided in § 165-99;
(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.
(e)
Maintained horizontal illuminance in footcandles (after depreciation) including the following:
[1]
Maximum.
[2]
Minimum.
[3]
Average during operating and nonoperating hours.
[4]
Average to minimum ratio.
(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:
[1]
Searchlights.
[2]
Laser lighting.
[3]
Lights that pulse, flash, rotate or simulate motion.
[4]
Lights that simulate traffic control signals.
[5]
Tower lighting (unless required by the FAA).
(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:
[1]
The maximum illumination on any vertical surface or angular roof structure shall not exceed 1.0 footcandle.
[2]
If the building surface is lighted, only light fixtures mounted on the building itself are permitted.
(3)
Sign lighting.
(a)
All signs and sign lighting shall also comply with the requirements of § 165-102.
(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.
[1]
Editor’s Note: This ordinance originally adopted the provisions regarding lighting as §§ 165-78.1 through 165-78.5, but such were redesignated as § 165-78A through E to fit the organizational structure of Art. XII.
§ 165-79 Lot configuration.
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.
§ 165-80 Natural features.
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.
D.
Any development must conform with § 165-92 of this chapter and all applicable state and federal environmental laws and regulations.
[Added 12-11-1995 by Ord. No. 17-95]
§ 165-81 Nonconforming lots, structures and uses.
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]
§ 165-82 Off-street parking, loading areas and driveways.
[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]
(a)
Private passenger vehicles.
(b)
Motorcycles.
(c)
One boat and trailer, or one house trailer or one camper trailer or one body camper or one other vehicle equipped with sleeping accommodations.
(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]
(a)
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
(b)
All parking and loading areas and access drives shall be provided with granite block curbing.
(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.
(9)
Compact parking stalls.
[Added 9-10-2012 by Ord. No. 12-13]
(a)
Up to 20% of stalls on any lot with over 50 spaces may be reserved for compact cars with stall dimensions of eight feet by 16 feet and appropriate signage designating such stalls.
§ 165-83 Performance standards for all uses.
[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.
§ 165-84 Principal use.
[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.
§ 165-85 Public utilities.
[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]
§ 165-86 Sanitary sewers and septic systems.
[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]
§ 165-87 Streets, curbs and sidewalks.
[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.
§ 165-88 Swimming pools.
[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]
§ 165-89 Solid waste storage.
[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.
§ 165-90 Water supply.
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.
§ 165-91 Use of yards by another buildings prohibited.
[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.
§ 165-92 Land disturbance.
[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:
(a)
Soil erosion by water and wind.
(b)
Drainage.
(c)
Soil fertility.
(d)
Lateral support slopes and grades of abutting streets and lands.
(e)
Land values and uses.
(f)
Any other factors relevant to the coordinated, adjusted and harmonious development of the Borough.
(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.
§ 165-93 Satellite dish or antenna.
[Added 12-9-1985 by Ord. No. 21-85]
(Reserved)
§ 165-94 Decks.
[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.
