Chester City Zoning Code
ARTICLE IX
Zoning - Zone Requirements
§ 163-68 Zone Map.
A.
Zone Map. The Borough of Chester is divided into the zoning districts described in this article. These are established by designations, locations and boundaries as set forth on a map entitled “Chester Borough Zoning Map & Highlands Center, October 2020," and on file in the office of the Borough Clerk. This map is entitled "Zoning Map of the Borough of Chester" and is made part of this chapter by reference.
[Amended 11-5-2020 by Ord. No. 2020-13]
B.
Zone boundaries. Where uncertainty exists as to any of the boundaries as shown on the map, the following rules shall apply:
(1)
Zone boundary lines are intended to follow street, lot or property lines as they exist on plots of record unless such boundaries are fixed by dimensions.
(2)
Where such boundaries are fixed by dimensions and where they approximately follow lot lines and where they are not more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically known otherwise.
(3)
Distances shown on the map are perpendicular distances from street lines to zone boundary line, which lines in all cases where distances are given are parallel to the street lines.
C.
Amendments to Zone Map. Notwithstanding the provisions of that map adopted pursuant to Subsection A, the following properties shall be in the zoning districts as follows:
[Added by Ord. No. 2001-1]
(1)
That portion of Block 1 Lot 9 as set forth on the attached map prepared by Maser Consulting, dated December 21, 2000, entitled "Zoning Map," from the B-3, Regional Commercial Zone to the OP, Office Professional Zone.
(2)
Block 1 Lot 14 from the B-2 Zone to the OP, Office Professional Zone.
(3)
That portion of Block 1 Lot 13 as set forth on the attached map prepared by Maser Consulting, dated December 21, 2000, entitled "Zoning Map," from the RLD Zone to the OP, Office Professional Zone.
(4)
Block 19, Lots 4.01, 5, 5.01, 6 and 8 shall be designated within the Neighborhood Cluster -- Lot Averaging Overlay.
[Added 5-4-2004 by Ord. No. 2004-9]
(5)
Block 6, Lots 5, 5.01, 6 and 6.01 and Block 5, Lots 2, 10.01 and 10.02 shall be designated within the Residential Planned Low Density Zoning District.
[Added 6-15-2004 by Ord. No. 2004-16]
§ 163-69 Schedules.
Area, height and bulk requirements - Schedule 1. The schedule of area, yard and building requirements for each zone and category of use as designated as such and part of this chapter.[1]
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
§ 163-70 General regulations and exceptions for all zones.
A.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
B.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
C.
No building shall be erected, no existing buildings be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the district in which such building or open space is located.
D.
No yard or other space provided about any building for the purpose of complying with the provisions of this section shall be considered as providing yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or other open space for a building on any other lot, except that such parking space as is required for certain uses as specified in Article X, and which need not be provided on the same lot with the principal structure or use shall be considered as part of the open space required for the continuance of such use but may be relocated in a manner so as to conform, in all other aspects with the requirements of this chapter subject to approval by the Board of Adjustment or Planning Board.
E.
Notwithstanding, the limitations imposed by any other provisions of this chapter, the Board of Adjustment may, on any lot separately owned and containing at the time of passage of this article an area or width smaller than required for the district in which it is located, permit erection of a building or structure or the use of the land in conformity with the appropriate use regulations.
F.
Area. Every part of a required yard shall be open and unobstructed by any building from its lowest level to the sky, except for the ordinance projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum side yards more than 24 inches.
G.
Height. Nothing in this section shall prevent the erection above the building height limit of a parapet wall or cornice extending above such height limit not more than four feet. The height limitations of this section shall not apply to church spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, television aerials and necessary mechanical appurtenances usually carried above the roof level, except where in the opinion of the Board of Adjustment such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed in total coverage 20% of the total roof area, and shall not exceed a reasonable height to be determined upon reference of all such cases to the Board of Adjustment by the Zoning Officer.
H.
Street frontage. Every dwelling structure shall be built upon a lot with frontage upon a street.
I.
Intersections. At the intersection of two streets, no hedge, fence, or wall higher than 21/2 feet above curb level, nor any obstruction to vision shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot or the projection of such lines, and by a line connecting a point on each street line located 25 feet from the intersection of the street lines or the projection of such lines.
J.
Corner lots. Corner lot is a lot at the junction of, and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. Each area fronting on a street shall be considered a front yard, and all front yard requirements of this chapter shall be met. Yards not classified as front yards are side yards.
K.
Trailers/recreational vehicles, campers, mobile homes and boats. In all zones such items as campers, trailers/recreational vehicles, mobile homes and boats shall be kept and stored to the rear of the main building and are not to be occupied.
L.
Prohibited activities. The following uses and activities are specifically prohibited in any zone in the Borough of Chester:
(1)
Airports and heliports.
(2)
Auction markets.
(3)
Automobile wrecking yards or disassembly yards.
(4)
Billboards, signboards, commercial signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by ordinance.
(5)
Carousels, merry-go-rounds, roller coasters, open air theaters, Ferris wheels, whirl-a-gigs, pony rides, midways or side shows and similar outdoor commercial recreational uses, unless otherwise permitted by license duly issued by the Borough Clerk.
[Amended 10-21-2003 by Ord. No. 2003-14]
(6)
Explosive storage, except small arms ammunition, or by special permit where explosives are to be used on premises.
(7)
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal, except by the municipality or its agents.
(8)
Migrant labor camps or housing, except where provided on the premises where the individuals housed therein are employed, and then only if applicable statutes and ordinances are complied with.
(9)
Private operated dumps for the disposal of garbage, trash, refuse, junk or other such material.
(10)
The open display, sale or use of any amusement, activity, entertainment, material, sign, photography or any publication of a lewd or lascivious nature.
(11)
[1]The open storage of unlicensed and/or inoperative vehicle or the used parts of any motor vehicles or material which has been a part of any motor vehicle in a front or side yard.
[1]
Editor's Note: Former Subsection L(11), regarding open storage of more than two unlicensed and/or inoperative vehicles, was repealed 8-18-2009 by Ord. No. 2009-13; said ordinance also redesignated former Subsection L(12) through (19) as Subsection L(11) through (18).
(12)
Seasonal cottages, bungalow colonies, or camps operated commercially.
(13)
Slaughtering.
(14)
Agriculture shall not include intensive swine or poultry activities or extensive feedlot operations exceeding 100 animals.
(15)
Travel trailers used as dwellings.
(16)
Travel trailer coach parks and/or overnight or tourist cabins.
(17)
Used automobile, truck, recreation vehicle, boat or similar vehicle sales lots.
(18)
Outdoor vending machines not accessory to a retail sales or service business.
(19)
Cannabis establishments, distributors and delivery services prohibited.
[Added 5-7-2019 by Ord. No. 2019-03; amended 7-6-2021 by Ord. No. 2021-10]
(a)
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Chester, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Borough of Chester.
(b) CANNABIS CANNABIS CULTIVATOR CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTOR CANNABIS ESTABLISHMENT CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER
For purposes of this subsection, the following definitions shall apply:
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off- premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
M.
Uses permitted in all zones. The right to engage in commercial agriculture as defined herein, shall be permitted in any zone, and it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein. Further, the maintaining and grazing of horses and cattle is permitted in all zones, provided that the tract on which they are maintained shall have an area of not less than three acres. One such animal may be kept on a three-acre tract; two such animals on a five-acre tract. One additional animal shall be permitted to be kept for each acre exceeding five acres. All uses and structures customarily incidental to commercial agriculture shall be permitted accessory uses in all zones set forth hereinabove, including:
(1)
The storage, processing and sale of farm products where produced;
(2)
The use of irrigation pumps and equipment;
(3)
The application of manure, chemical fertilizers, insecticides, pesticides and herbicides;
(4)
On-site disposal of organic agricultural waste;
(5)
Installation of soil and water conservation practices in accordance with the provisions of the Borough of Chester Soil Conservation Ordinance requirements;
(6)
Transportation of slow moving equipment over roads within the Borough;
(7)
Utilization of tractors and other necessary equipment;
(8)
The employment of farm laborers, consistent with the restrictions of § 163-70L(8);
(9)
The creation of noise, dust, odors and fumes inherently associated with such uses;
(10)
The conducting of farm practices at any and all times when necessary;
(11)
Provisions for the wholesale and retail marketing of the agricultural output of the farm which include the building of temporary and permanent structures and parking areas for said purpose which all must conform to municipal land development standards; and
(12)
The raising and keeping of farm animals, including pets, pastoral farm animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies, and mules, provided that proper sanitation standards, minimum acreage limits and boundary sizes between fencing or enclosures and joining properties are established.
N.
Accessory uses permitted in all zones.
(1)
Farm stand as an accessory use to a permitted home agricultural and horticultural use with a portion of the agricultural lot to be used as a farm stand. A home agricultural and horticultural farm stand means any farm stand conforming to the following:
(a)
The production, principally for use or consumption of the property owner, of plants, animals or their products and for sale to others where such sales are incidental, including, but not limited to, gardening, fruit production, and poultry and livestock products for household use only.
(b)
The farm stand, the retail sale of farm products and any outdoor display area is permitted on lots of less than five acres and which are not farmland assessed or operated as a commercial farm, provided that:
[1]
The products provided for sale are grown on the property.
[2]
No building containing a permanent retail display area or farm stand is constructed and all temporary display area of farm stands are removed from public view when not utilized for the display of merchandise.
[3]
The retail display area within a farm stand shall not exceed 150 square feet of gross area.
[4]
The operation of the retail activities does not result in traffic congestion on abutting streets or endanger the public by interfering with the safe and convenient flow of traffic on the public streets.
(2)
A commercial farm stand conforms to the following:
(a)
The site requirements necessary to qualify as a commercial farm under the Right to Farm Act as follows:
[1]
Is eligible to meet the site requirements of the Farmland Assessment Act of 1964.
[2]
Produces $2,500 of agricultural commodities annually.
[3]
The agricultural operation conforms to appropriate agricultural management practices and all relevant federal or state statutes or rules and regulations adopted pursuant thereto.
[4]
The operation does not pose a direct threat to public health and safety.
(b)
A commercial farm stand shall meet the following requirements:
[1]
A farm stand shall not be fully enclosed.
[2]
The portion of the farm stand utilized for retail display shall be open to the air on at least one wall during business hours.
[3]
The farm stand may be heated either with a permanent or portable heating system.
[4]
Within the farm stand, an area may be fully enclosed to provide area for the preparation and/or storage of products offered for sale.
[5]
A building shall not contain a retail sales area greater that 1,250 square feet. Outdoor display area shall not contain more than 1,500 square feet.
[6]
There will be no sanitary sewerage system unless such a use is currently present in an existing building that is utilized as a farm stand.
(c)
Maximum building height for new structures or additions shall not exceed 20 feet in height or contain more than 11/2 stories.
[1]
The maximum allowed improved lot coverage shall not exceed 10% of the lot area.
(d)
Notwithstanding other sections of this chapter, no display area or farm stand shall be erected in violation of any existing setbacks for residential zones.
(e)
Parking area shall conform to the following:
[1]
The parking area shall be of sufficient size as to accommodate all patrons. No parking shall be permitted within a public road right-of-way and must be set back 10 feet.
[2]
No portion of a parking area shall be closer than 100 feet to the nearest side and rear property lines.
[3]
The parking area surface shall consist of 3/4 inch road stone, not less than four inches thick and shall not be paved. Parking for sale periods of short duration shall be permitted on grassed areas.
(f)
No driveway shall be closer to the side yard than 75 feet.
(g)
The operation of the retail activities must not result in traffic congestion on abutting streets or endanger the public by interfering with the safe and convenient flow of traffic on the public streets and be reviewed by the Public Safety Control Officer of the Borough of Chester.
(h)
Outdoor lighting shall be designed to provide for safety and security without illuminating adjacent properties. There shall be no glare when observed from adjacent properties or public roads. Nothing herein shall be construed to require outdoor lighting.
(i)
There shall be no loudspeakers or playing of amplified music that is audible beyond the limits of the property line.
(k)
Any agricultural or horticultural product grown on the farm may be offered for sale. A bona fide relationship must exist between the agricultural and horticultural commodities produced at the site and those marketed. In addition, fresh fruits, fresh vegetables, cider, horticulture products, honey, jams and jellies and cut evergreen trees grown and processed off site may be sold. Retail activities such as the preparation and sale of fast food or the sale of products associated with convenience stores are expressly prohibited. It is the primary intent of these regulations to provide farmers with an outlet to sell their agricultural products and to make those farm products accessible to the public for purchase.
(l)
Minor site plan approval shall be required for the construction of any farm stand or display area containing a retail display area in excess of 150 square feet.
(m)
Not more than one building containing a retail display area or detached farm stand shall be permitted.
(n)
Not more than one outdoor display area shall be permitted.
(o)
If the commercial agricultural production is discontinued at the site, the retail display area or farm stand, except for preexisting structures, and the associated parking area shall be reduced or removed accordingly within 120 days.
O.
Accessory building. Unless specified elsewhere in this chapter, accessory buildings or structures shall conform to the following regulations to their location on the lot.
(1)
Accessory buildings or structures may occupy not more than 25% of the rear yard area in any residential zone, and not more than 40% of the rear yard area in business or industrial zones, provided that such accessory buildings or structures shall not exceed 15 feet in height. Such accessory buildings or structures shall be included in computing the maximum percentage of the lot area which may be built upon in any given case.
(2)
In the case of an interior lot abutting on one street, no detached accessory building or structure shall be erected or altered so as to occupy the front half of the lot except where lots are over 200 feet in depth, this setback need not exceed 100 feet.
(3)
In the case of an interior lot abutting on two or more streets, no detached accessory building or structure shall be erected or altered so as to occupy the 1/4 of the lot nearest either street.
(4)
Accessory buildings on corner lots may not be erected nearer than the front yard required on the adjacent lot; requirement need not exceed 100 feet measured in the direction of such excessive width or depth.
(5)
In the case of a corner lot abutting on more than two streets, no detached accessory building shall be erected or altered so as to be nearer to any street line than 1/4 the width or length of the lot, except that such setback need not exceed 100 feet.
(6)
A garage attached to any side of the dwelling or constructed as a part of such dwelling shall be considered a part of the dwelling and not as an accessory building and shall meet all requirements for front, side or rear yards, other setbacks and height of structure.
(7)
Swimming pools. Private swimming pools are permitted accessory structures when constructed pursuant to a validly issued building permit, in all zones, for use by occupants of principal structures but not a commercial use except as may otherwise be permitted herein. All swimming pools shall adhere to the following standards:
(a)
Pools shall be located only in rear yard and side yard areas where accessory buildings and structures are permitted as regulated by Subsection O(1) hereof.
(b)
The required setback of any pool and associated equipment shall be in conformance with the required setbacks for accessory structures, however, further that in no case shall the edge of any pool be closer than 10 feet from any building or lot line in the event that lesser required setbacks are permitted. The edge of the pool shall be defined as the edge of the water surface.
(c)
Pools shall be completely enclosed by a permanent fence in accordance with the required building codes as per the New Jersey Uniform Construction Code (NJUCC).
(d)
Lights used above the surface of the water to illuminate any swimming pool shall be so arranged and shielded that the light will be reflected away from adjoining premises.
(8)
Fences permitted in residential districts.
[Added 9-1-2009 by Ord. No. 2009-14]
(a)
Solid, semi-open and open fences, up to six feet in height shall not be located closer to the front lot line than the front building line of the principal structure (excluding minor projections). Such fences may extend to the side and rear property lines.
(b)
Semi-open and open fences up to four feet in height may be located anywhere on the lot up to the lot lines.
(c)
No fence shall obstruct a sight triangle at an intersection.
(d)
Where a rear property line of a corner lot is also the side lot line of a contiguous residential lot, all fence regulations as set forth in § 163-70 shall apply.
(e)
Solid fences not exceeding six feet in height shall be permitted along any property line abutting a commercial or industrial district.
(f)
"Solid", "semi-open" and "open" fences as used in this section shall be defined as follows:
Solid (50% or more solid) | Semi-Open (25% up to 50%) | Open (up to 25%) |
|---|---|---|
Solid picket | One-by-two wood screen | Split rail |
Board | Contemporary picket | Contemporary rail |
Board and batten | Cinder or concrete block laid on side | Wire mesh |
Louver panel | Rail and wire mesh | |
Staggered board | ||
Panel | ||
One-by-four wood screen | ||
Brick |
(g)
Environmental issues, i.e. wetlands.
(h)
Historic Preservation Committee review, if required.
P.
No building, structure, lot or property, or portion thereof, shall be used, altered or modified, for any purpose other than one- or two-family residential or agricultural purposes unless prior to such use a site plan shall have been submitted and approved pursuant to Article VI of this chapter no other than in strict compliance with such plan as approved.
(1)
Site plan application and review for existing developed properties where a change in use is proposed. Any proposed change of use from one permitted use to another permitted use in that zone will require an updated review of the site plan by the Planning or Zoning Board, except where the Zoning Officer determines that the proposed change of use is permitted and is consistent with the existing approved site plan resolution. The site plan application and review are not required for one- or two-family residences. No construction permits are to be issued for any addition, alteration and/or modification to any structure and site until the appropriate board has given its approval or the Zoning Officer has authorized the proposed change in use.
[Added 10-4-2005 by Ord. No. 2005-20; amended 6-1-2009 by Ord. No. 2009-6]
(a)
Waiver of site plan review. For variance-free proposals involving permitted uses that meet the definition of "minor site plan" in this chapter, the Planning Board may grant a waiver of the site plan approval requirement. The Planning Board shall not grant such a waiver unless the applicant demonstrates that its proposal falls within the bounds defined as a "minor site plan," and that the proposed change will have no adverse impact upon any of the following areas considered during the site plan application process: fire safety, fire prevention, parking, traffic safety, vehicular and pedestrian access, on-site traffic volume, trip generation, traffic circulation, loading and delivery requirements, control of noise levels, outdoor lighting and its glare, impervious coverage, stormwater infiltration, screening and buffering from neighboring properties, wastewater discharge volume or strength, regulated wetlands and transition areas, earthbound or sonic vibrations, heat or smoke emissions, odors, radiation, water supply, nothing exceeding the original site plan approvals, design which is subject to historic preservation zoning review requirements, any conditions identified at N.J.S.A. 40:55D-7 "Site plan" and the "Standards of performance," and any other conditions set forth in the original approvals.
(b)
Site plan waiver request. A site plan waiver is an acknowledgement by the Planning Board that the condition of the property is satisfactory, meets all chapter requirements, and has no adverse impact upon the parameters of the existing site plan approvals identified in the preceding subsection, both presently and after proposed change in use. A waiver may be issued only by the Planning Board in connection with a minor site plan application, filed with the appropriate fees, review deposits and information reasonably required for the Planning Board to make an informed decision in the waiver request, based upon the standards set out in the chapter. The Planning Board shall decide the waiver request during the time allowed for completeness review by statute (N.J.S.A. 40:55D-1 et seq.). Failure of the Planning Board to act within this time shall constitute a denial of the waiver application. Upon review of the application by the Borough representative, if a waiver for the site plan is determined, the application fees and/or escrows can be returned to the applicant.
Q.
Decks, patios and similar structures attached or adjacent to the principal structure shall conform to all setback requirements for a principal structure in the zone district. Decks, patios and similar structures not attached or adjacent to the principal structure shall conform to the setback requirements for an accessory structure in the zone district.
R.
All new single-family lots not served by public or common water and sewer systems shall be at least 40,000 square feet in size, exclusive of wetlands.
S.
Anything herein notwithstanding, a wireless telecommunications facility may exceed the area, height and yard requirements of the district in which it is located, provided that it can satisfy the requirements of a conditional use as set forth in § 163-75, subject however to the following requirements and conditions.
[Added 7-10-2000 by Ord. No. 2000-12]
(1)
Height.
(a)
Where permitted, wireless telecommunication towers and antennae may exceed the maximum building height limitations, provided that the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate.
(b)
Wireless telecommunications equipment facilities shall be limited to 12 feet in height.
T.
Site modification, etc., nonresidential zones. In all nonresidential zones, no demolition, excavation, site clearing or grubbing or the removal or cutting of any vegetation, shrubs or trees or site grading shall be permitted except pursuant to an application for development nor until all necessary approvals have been granted, all necessary fees have been paid and notice given as required by § 163-49 herein.
[Amended 9-4-2001 by Ord. No. 2001-19]
V.
Alteration or enlargement of a nonconforming, detached, one-family residence. A lawfully existing one-family dwelling that is located on a nonconforming lot due to lot size may have an addition or be altered or enlarged as a one-family dwelling use, provided that the Zoning Officer determines that the proposed addition, alteration or enlargement will not extend any existing nonconforming condition, and provided further that the dwelling with the addition, alteration or enlargement will not exceed:
[Added 8-6-2013 by Ord. No. 2013-8]
§ 163-71 Residential zones.
[Amended 1-22-2002 by Ord. No. 2002-3; 6-15-2004 by Ord. No. 2004-16; 12-28-2017 by Ord. No. 2017-10; 11-5-2020 by Ord. No. 2020-13; 2-20-2024 by Ord. No. 2024-01]
A.
Requirements for all residential zones.
(1)
Permitted uses in residential zones. In residential zones no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(a)
Detached single-family dwellings and accessory structures and uses normally auxiliary thereto. Occupancy shall be limited to not more than one family.
(b)
Other uses and structures specifically permitted in individual residential zones.
(c)
Parks and playgrounds are permitted if safely constructed and operated.
(d)
Necessary public utilities and services except:
[1]
Public utility activities of an industrial character such as repair and maintenance yard, storage facilities, classification yards and round houses, or of a residential nature such as work camps, group housing or boardinghouses are prohibited.
[2]
No zoning permit is required for utilities to be located in public streets or rights-of-way.
[3]
No public utility activity shall be conducted in such a fashion that it shall cause interference with radio or television reception beyond the limits of the property it occupies.
[4]
Electric power substations and telecommunications repeater station structures shall, where permitted by this chapter, be required to comply with only the minimum lot, yard, area and setback requirements prescribed for the RLD Zone.
(2)
A temporary emergency use permit for a mobile home may be issued by the Zoning Officer for a period not to exceed six months to the conditions set forth in this subsection. If any legal single-family detached dwelling is totally or partially destroyed by fire, flood or other natural disaster or catastrophe, the owner thereof, or tenant, provided that said tenancy existed at the date of the disaster or catastrophe, but with the consent of the owner, may apply to the Zoning Officer for a mobile home-temporary emergency use permit which would permit the applicant to place upon this same property as aforesaid, a single mobile home to be occupied by said applicant as a dwelling subject to the conditions and limitations set forth as follows:
(a)
The applicant must meet and satisfy all health, sanitary and building code requirements as may be determined by the authority having jurisdiction.
(b)
The placement of the mobile home must comply with all zoning requirements.
(c)
The applicant must certify in writing to the Zoning Officer that the applicant is in the process of repairing or reconstructing the subject dwelling, that he has made funds available from insurance or other sources to complete the repairs or construction, and that such repairs or construction are contemplated to be completed within six months from the date the mobile home is moved onto the premises.
(d)
Revocation of mobile home temporary emergency use permit may be made by the Zoning Officer upon 15 days notice to the applicant if the applicant does not actively engage in repairs or construction within reasonable time of the granting of the permit. If within two months of issuance of the mobile home temporary emergency use permit a building permit is not issued to the applicant for the purposes of repairs and construction necessary to enable the applicant to move back into the dwelling, such fact shall be presumptive evidence of the failure of the applicant to make reasonable progress in the completion of repairs or construction. In the absence of a good cause shown by the applicant justifying the delay, such fact in and of itself may justify revocation of the permit.
(e)
In the event that repairs or reconstruction are not completed within the six months contemplated in this chapter, the mobile home shall be removed on or before the expiration of the six months or an extension granted within the same time period by the Board of Adjustment of the Borough of Chester and then only upon a showing of good cause and reasonable diligence.
(3)
Permitted accessory uses. Customary accessory structures and buildings, provided that such uses are incidental to the principal use. Any such accessory building or use shall be located on the same lot as the principal building. The following accessory uses are permitted with limitations and conditions:
(a)
Garages accessory to single-family dwellings may be erected on a single lot for no more than three cars.
(b)
Private swimming pools meeting the requirements of § 163-70O(7), above.
(c)
Home office.
(4)
Area, yard and building requirements shall be as specified for these zones in Schedule 1.[1] The lot size in these zones shall be of sufficient size to handle all on-site sewage disposal and domestic water systems as may be required by the Board of Health or as otherwise required in the specific zone or by law.
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
B.
RHD - Residential High Density Zone.
(1)
Permitted uses.
(2)
Area, yard and building requirements as specified in Schedule 1[2] of § 163-69 for this zone unless modified in accordance with the standards set forth in § 163-70 or as follows:
(a)
Required frontage: flag lots. All structures shall be built upon a lot with frontage on a public street, except senior housing which alternatively may be located on a flag lot meeting the following minimum criteria:
[1]
Staff size. The staff of the flag lot must have 45 feet of frontage along a public street to permit the construction of a driveway connection.
[2]
Size of the flag lot. The main body of the flag lot must be of such size and shape that at a minimum there can be inscribed within the lot lines a circle having an area of at least two acres.
[3]
Maximum length of staff. The distance from the street line to the nearest point on the circumference of an inscribed circle as referenced above shall not be more than 600 feet.
[4]
Building setback. No structure shall be located in any portion of the "staff." All structures on any flag lot shall be set back 50 feet from all lot lines.
[5]
Driveway standards.
[a]
The driveway shall be a minimum of 24 feet wide constructed to standards matching those required for new interior streets in residential subdivisions.
[b]
The maximum grade shall not exceed 10%. Within 50 feet of the street line the maximum grade shall not exceed 2%.
[c]
A turnaround shall be provided at the structure end of the driveway with a radius of not less than 40 feet or, in the alternative, a traffic circulation plan shall be provided that will assure ingress and egress in the same manner as contemplated by a forty-foot radius cul-de-sac turnaround.
[d]
Provisions shall be made respecting adequate drainage for the driveway so as not to change the existing drainage pattern and/or to minimize the flow of surface water on to public roads and adjoining properties.
[e]
The driveway entrance into the public road shall provide adequate radii and sight distances using the lawful speed in said roadway as the design speed for said calculations of sight distance.
[2]
Editor's Note: Schedule 1 is included at the end of this chapter.
(3)
Residential density. Minimum lot areas as specified in Schedule 1 for residential uses permitted in this zone.[3]
[3]
Editor's Note: Schedule 1 is included at the end of this chapter.
(4)
Conditional uses.
(a)
Institutional uses as follows: hospitals (excluding hospitals exclusively for the confinement of patients with contagious diseases or for the insane), and multifamily housing for persons of low- to moderate-income who are also either senior citizens or disabled persons, (hereinafter referenced as "senior housing"), providing further, that the owner and sponsor, can demonstrate to the satisfaction of the approving authority that the proposed multifamily housing development will be financed in such a manner as to serve low- to moderate-income persons and families qualifying as senior citizens or disabled persons, as defined by the laws of the United States pertaining to housing for senior citizens and disabled persons.
(b)
Home occupation.
(c)
Private professional office.
C.
RLD - Residential Low Density Zone.
(1)
Permitted uses.
(b)
Churches, schools and colleges, provided the same are owned and operated by a public or quasi-public entity or non-profit corporation or association, and public libraries, as defined by statute, which uses shall be subject to Article VI, Site Plan Review.
(c)
Residential and commercial agriculture and horticulture.
(2)
Area, yard and building requirements as specified in Schedule 1[4] for this zone unless modified in accordance with the standards set forth in § 163-70.
[4]
Editor's Note: Schedule 1 is included at the end of this chapter.
(3)
Residential density. Minimum lot area as specified in Schedule 1 for single family for residential uses.[5]
[5]
Editor's Note: Schedule 1 is included at the end of this chapter.
D.
MHP - Mobile Home Park Zone.
(3)
Residential density. Maximum density for mobile home parks as specified in Schedule 1. Other residential uses per RHD Zone on Schedule 1.[6]
[6]
Editor's Note: Schedule 1 is included at the end of this chapter.
E.
R PLD - Residential Planned Low Density Zone. The purpose of this zone is to permit the development of planned low density single-family residential development, for the redevelopment of vacant, underutilized industrial lands.
(1)
(2)
The maximum density permitted in the R PLD Zone shall not exceed one dwelling unit per three gross acres of land.
(3)
The number of lots permitted under this section shall be determined by the submission of a variance-free qualifying plan which conforms to the bulk requirements in Schedule 1 — Part 1, Schedule of Lot Area, Yard and Building Requirements[7] applicable to the RLD Zoning District.
(a)
Individual lots within the overlay shall not be less than two acres of land and shall conform to the area, yard and setback requirements of the RLD Zoning District.
(b)
Residential development shall be set back not less than 400 feet from County Route 510 to maintain an open vista at this gateway location to the Borough along this heavily traveled transportation corridor.
[7]
Editor's Note: Schedule I is included at the end of this chapter.
(4)
Excluded land. To maintain openness and conserve land, a minimum of 20% of the gross tract area shall be excluded from individual residential lot area, roads and stormwater management facilities.
(a)
Excluded land may include constraints such as easements, wetlands and their transition areas, floodplains and steep slopes.
(b)
Not less than 10% of the unconstrained tract area shall be excluded land. Unconstrained tract area includes land unencumbered by easements, wetlands and their transition areas, floodplains and steep slopes (i.e., slopes in excess of 20%).
(c)
Excluded land may be privately owned or may be offered to the Borough of Chester in the form of a letter from the applicant at the time an application for subdivision is made to the Planning Board. Within 60 days of receiving a letter offering excluded land with or without improvements thereto or thereon to the Borough, the Borough Council shall determine whether to accept or reject the offer of excluded land. The terms and conditions of any offer and acceptance thereof shall be incorporated into a developer's agreement. Privately owned excluded land may either be owned and maintained by a homeowners association of the residential planned low density development or may be incorporated into individual residential lots. Privately owned excluded land shall be deed restricted against development through the use of a conservation or scenic easement. Privately owned excluded land held in conservation easement may not be counted toward permitted building and impervious coverage.
(d)
In lieu of providing the minimum required percentage of excluded land, the applicant may offer the Borough not less than 5% of the gross tract for unrestricted municipal use, provided that the land offered to the Borough is unconstrained land. Such in-lieu contribution to the Borough shall not preclude the applicant from identifying additional excluded land as provided in Subsection E(4) above.
(e)
For lands within the R PLD Zone with a history of prior industrial use, the applicant shall submit copies and/or summaries of all environmental investigations and studies conducted for the tract. In addition to addressing the inventory of existing environmental conditions required in § 163-66, the applicant shall provide a Phase I environmental assessment for any lands offered for dedication to the Borough. The governing body may require further investigation if recommended in the Phase I report. The governing body may also require the offerer to provide for cleanup and surety guarantees for cleanup and environmental responsibility associated with an acceptance of such offers of dedication. The applicant shall provide documentation which discloses any findings of contaminants in soil and ground water, as well as recommended remedial actions for cleanup of pollutants identified. The Board may require the applicant to notify prospective homeowners of environmental assessment findings and pollutants existing on the tract
(5)
Architectural review required. Prior to drawing a building permit, individual dwelling units in the residential planned low density development shall be subject to the Borough's architectural review procedures, as found in Article XI of this Chapter. After initial occupancy, additions, alterations and modifications to dwellings within the Zone shall be subject to the architectural review requirements of this subsection. It is the purpose of this requirement to ensure that new residential development be architecturally compatible with the historic and traditional architecture found in the Borough's historic districts.
(a)
Exterior siding finishes on individual dwellings shall utilize traditional natural building materials, such as clapboard, shakes, fieldstone and red brick. Modern substitute finishes such as cementitious siding that replicates the appearance of traditional siding may be used when approved by the reviewing agency. The use of stucco is prohibited.
(b)
In general, the combination of building shape, proportion, articulation and architectural elements used on dwellings should be appropriately scaled for consistency with the Borough's historic district traditional architecture, particularly, but not limited to Carpenter Gothic style, Greek Revival style, Federal style and Three Shingle style:
[1]
Window style and size shall be thematically compatible and consistent with Chester's historic architecture. Exterior entrance doors shall have a traditional appearance.
[2]
Window treatment elements such as shutters should be used except when inconsistent with the architectural style to be emulated.
[3]
The use of ornamentation and mouldings on soffit, facia and cornice boards is encouraged.
(c)
Architectural review and architectural control notifications shall be included in the deed filed for each lot created. Deed notification shall state that building additions, alterations and modifications to dwellings within the Zone shall be subject to the architectural review requirements of this subsection.
(6)
Buffering.
(a)
A densely planted landscaped buffer, at least 50 feet in width, shall be provided along all tract boundaries. The buffer shall consist of not less than a staggered double row of coniferous trees and a mix of indigenous shade and flowering deciduous trees. At the time of planting, conifers shall be not less than eight feet in height, shade trees shall be not less than 2 1/2 inches to three inches caliper, and flowering deciduous trees shall be not less than 10 feet in height. The landscaped buffer shall be planted sufficiently to obscure the development from view at the time of planting.
(b)
The minimum width buffer shall be landscaped with a mix of indigenous coniferous and deciduous trees and shrubs to effectively screen the view of any development from off tract.
(c)
The Planning Board may require supplemental buffering such as berming, fencing or walls where it is determined by the Planning Board that such measures are appropriate.
(d)
The Planning Board may reduce the minimum planting requirements within the buffer where it can be demonstrated to the satisfaction of the Planning Board that such lesser buffering measures will effectively screen the neighborhood from view off tract.
(e)
Where it is demonstrated to the satisfaction of the Planning Board that existing features, such as hedgerows, mature vegetation and fences effectively screen the neighborhood from view off tract, required buffer plantings may be reduced.
(f)
The Planning Board may waive the minimum landscape buffering requirements, where, in the opinion of the Planning Board, it is desirable to maintain open views and vistas.
F.
Multifamily Townhouse Overlay, Block 101, Lots 12.07 and 12.08.
(1)
Purpose. The purpose of this overlay zone is to provide overlay zoning and development standards to permit the development of 20 market-rate townhouses in five buildings on Block 101, Lots 12.07 and 12.08 in accordance with the terms of the Borough of Chester Settlement Agreement, dated October 4, 2018 with Turkey Farms Acquisitions, LLC and Larison's Corner, LLC (hereinafter the "settlement agreement"), which establishes that the development of 20 market-rate townhouses development shall be permitted in conjunction with affordable housing as part of the Borough of Chester's third round affordable housing settlement agreement with the Fair Share Housing Center (FSHC) (hereinafter referred to as the "Third Round Settlement"), dated November 1, 2018.
(2)
Permitted uses.
(b)
Single-family townhouses. A maximum of 20 townhouses in five buildings, with no fewer than three and not more than six townhouse units per building shall be permitted as depicted in Figure 2.[8] Occupancy shall be limited to not more than one family.
[8]
Editor's Note: Said figure is on file in the Borough offices.
(4)
Area, yard and building requirements shall be as specified hereinbelow.
MFT - Multifamily Townhouse Overlay Zone | |
|---|---|
Bulk Requirements | |
Minimum tract area | 4.4 acres |
Maximum permitted development | 20 townhouse units |
Setback Requirements | |
Minimum setback to tract boundary | 40 feet |
Minimum front yard setback | 50 feet |
Minimum side yard setback | 25 feet3 |
Minimum rear yard setback | 25 feet |
Maximum building coverage | 30% |
Maximum impervious coverage | 50% |
Maximum building height | 35 feet |
Maximum number of stories | 2 |
Parking Requirements | |
Residential parking | Per RSIS |
NOTES: | |
|---|---|
1. | Setback includes decks, patios and porches. |
2 | The requirements of the Mill Ridge Lane Multifamily Townhouse Overlay District shall not be construed to prohibit subdivision and no bulk standards will apply to . the subdivision, except that setbacks shall be maintained between buildings and tract boundaries and buffering standards to tract boundaries shall not be violated. |
3. | There shall be maintained a forty-foot side yard setback including a twenty-five-foot-wide landscaped buffer comprised of a dense landscaped planting consisting of a staggered row of a mix of evergreen and deciduous trees and understory shrubs along the common lot line with Lot 12.09. A minimum setback of 40 feet shall be maintained between all multifamily residential development, including patios, decks and porches, and the common property line with Lot 12.09. |
(5)
Wastewater. No construction of any component of approved townhouse development shall commence until wastewater collection and treatment facilities are fully developed and operational in accordance with the terms and conditions identified in the Borough of Chester Settlement Agreement, dated October 4, 2018 with Turkey Farms Acquisitions, LLC and Larison's Corner, LLC, which requires Turkey Farms Acquisitions, LLC and Larison's Corner, LLC to develop an on-site wastewater treatment plant and groundwater disposal facilities for development authorized for Block 101, Lots 12.07, 12.08, 13, 14, 15 and 16. This shall be made a condition of any approval that may be granted for townhouse development.
(6)
Affordable housing development/certificates of occupancy. Townhouse development authorized in the MFT Overlay District is a component of the overall development authorized in the settlement agreement, which includes development of Block 101, Lots 13, 14, 15 and 16 within a designated redevelopment area, and includes affordable housing development. This section identifies the sequence by which certificates of occupancy may be issued for approved townhouse development in accordance with the completion of affordable housing within the redevelopment area.
(a)
Certificates of occupancy, redevelopment area and Mill Ridge Lane townhomes that are not included in redevelopment area (Section 3.5 to 3.8 of the settlement agreement).
[1]
Prior to the completion of the first 18 affordable units, the first five townhomes on Mill Ridge Lane (not part of the redevelopment area) certificates of occupancy may be granted, provided that the 18 affordable units are under construction as defined in this settlement (see Section 3.5 of the settlement agreement).
[2]
Upon completion of the first 18 affordable units (50% of the total affordable units), the developer shall be entitled to final CO's for 50% of the total market project, including 10 townhomes, the pharmacy and the 5,000-square-foot office building (Section 3.6).
[3]
COs for townhomes 11 to 20 may be issued upon posting of a performance bond with the Borough, naming the Borough as the secured party, to pay the full cost of construction and delivery of the remaining 18 affordable units, which shall be posted in the amount of not less than $2,250,000 ($125,000 per unit), or in an amount that may be determined by the Borough Engineer and Tax Assessor, whichever is less; alternatively, in the event that the affordable units receive LIHTC financing or other state aid, that award shall govern completion of the affordable units provided such financing is provided in an amount sufficient to construct and deliver the remaining 18 affordable units (see Section 3.7 of the settlement agreement).
(b)
The requirements set forth above shall be made a condition of any approval that may be granted for townhouse development.
§ 163-72 Business zones.
A.
Requirements for all business zones.
(1)
Permitted uses. In any business zone no lot shall be used or no structure erected, altered or occupied for any purpose except the following:
(a)
The retail sale of goods and the provisions of services which shall include the following:
[1]
Groceries.
[2]
Florists.
[3]
Confectionery, including soft drinks and similar nonalcoholic refreshments which may be consumed on the premises.
[4]
Stationery supplies, tobacco, periodicals and newspapers.
[5]
Barber and beauty shops.
[6]
Custom tailoring and dressmaking employing no more than 10 persons.
[7]
Dry cleaning and laundry collections, providing that no processing is done on the premises.
[8]
Shoe repairing.
[9]
Antique and gift shops; furniture stores; hardware stores; drug stores; package liquors; jewelry stores; clothing and dry good stores and pet shops.
[10]
Professional offices, banks, commercial and private schools, clerical occupations of all kinds; insurance agencies; travel agencies; stock brokerage firms and motor vehicle agencies.
[11]
Massage, bodywork and somatic therapy establishments, provided no more than three therapists provide services at the business location.
[Added 7-6-2010 by Ord. No. 2010-20]
(b)
Service and service agencies, such as garages and auto repair shops, radio and electrical repair shops; offices of contractors in the building trade, providing that no outside bulk storage of machines or materials is permitted.
(c)
Hotels, motels, inns, taverns, restaurants and bars, provided that all business activity is conducted within the confines of the building.
(2)
Permitted accessory uses. Customary accessory uses and buildings, provided that such uses are incidental to the principal use. Any such accessory building or use shall be located on the same lot as the principal building.
B.
Historic Business Zones.
(1)
B-1 Historic Business Zone.
(a)
Permitted uses.
[3]
Apartments, provided that such apartment use shall be limited to the second floor of structures permitted in Subsection B(1)(a), above.
[4]
Guest rooms, hotels, and bed-and-breakfast accommodations, provided that such short-term overnight guest stays do not exceed 30 days; such use shall be limited to the third floor of structures permitted in Subsection B(1)(a), above. Note: Existing residential apartments in the B-1 Historic Business Zone conforming to zoning as of the date of adoption of this subsection that have been made nonconforming as a result of this subsection shall be permitted to continue and remain without an appeal to the Board of Adjustment for changes, including but not limited to alteration, renovation and substantial rehabilitation; provided, however, that the number of apartments shall remain unchanged and that such changes shall conform to historic district requirements. If building expansion is proposed, such expansion shall conform to the area, yard, and setback requirements applicable to the zone.
[Added 4-5-2022 by Ord. No. 2022-01]
(d)
Area, yard and building requirements as specified for this zone in Schedule 1[1] unless modified in accordance with the standards set forth in § 163-70.
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(2)
C.
B-2 Neighborhood Business Zone.
(3)
Conditional uses. The following uses may be permitted by the Planning Board subject to the conditions and procedures as specified in § 163-75.
(4)
Area, yard and building requirements as specified for this zone in Schedule 1[3] unless modified in accordance with the standards in § 163-70.
[3]
Editor's Note: Schedule 1 is included at the end of this chapter.
D.
B-3 Regional Commercial Zone.
(1)
Permitted uses.
(b)
Nursing and rest homes not to exceed 75 patients or guests at any one time.
(c)
Bakeries employing no more than five persons.
(d)
Regional shopping centers as follows:
[1]
In any comprehensively planned regional shopping center, the location of main accessory buildings on the site and in the relation of one another, the traffic circulation features within the site, entrances and exits, the height and bulk of buildings, the provisions of off-street parking space, the provision of other open space on the site, side yards and setbacks, the display of signs shall be in accordance with the site plan or plans approved by the Planning Board after a public hearing thereon held in accordance with the requirements of law. Such plans display the direction of north and include a key map showing the overall location of the site in relation to the community.
[2]
The site for a comprehensively planned regional shopping center shall have a minimum depth of 700 feet from the front line, a minimum frontage of 300 feet, minimum side yards of 300 feet each, a front setback for any building 150 feet from the center line of the street in front of the premises, a rear line setback for any building 100 feet from the zone line or the rear property line, whichever is less. The buildings thereon shall be restricted in height to a maximum of 30 feet. Buildings contained thereon shall not exceed 25% coverage of the entire tract within the site and the off-street parking area, including roads and turning space shall be at least three times the area of the total gross rentable area of all buildings; such parking area to provide at least eight off-street parking spaces for each 1,000 square feet of gross rentable area.
(e)
Auto sales rooms.
(f)
Recreational and amusement facilities such as bowling alleys, indoor skating rink and indoor theaters.
(g)
Tattooing and body-piercing establishments on lots with a minimum frontage of 250 feet along a state highway (US 206).
[Added 6-15-2010 by Ord. No. 2010-16]
(h)
Psychic reading establishments on lots with a minimum frontage of 250 feet along a state highway (US 206).
[Added 6-15-2010 by Ord. No. 2010-19]
(i)
Massage, bodywork and somatic therapy establishments on lots with a minimum frontage of 250 feet along a state highway (US 206).
[Added 7-6-2010 by Ord. No. 2010-20]
(4)
Area, yard and building requirements as specified for this zone in Schedule 1[4] unless modified in accordance with the standards set forth in § 163-70.
[4]
Editor's Note: Schedule 1 is included at the end of this chapter.
E.
LBT - Limited Business Zone.
(1)
Permitted uses.
(a)
Uses permitted in the Residential RHD and RLD Zone.
(b)
Subject to Subsection E(3) herein below, office buildings for professional and business occupancy, including professional offices, banks, commercial and private schools, insurance agencies, travel agencies, stock brokerage firms and real estate offices.
(c)
Subject to Subsection E(3) herein below, limited business uses such as antique shops, dress and haberdashery shops, gift shops, flower shops, jewelry stores, stationary supplies, barber and beauty shops, and similar limited retail uses.
(d)
Inns, subject to Subsection E(3) herein below, the principal use of which is lodging providing bed and breakfast, subject to the following:
[1]
Shall consist of five or fewer rental rooms.
[2]
These rooms or suites are for purpose of providing overnight sleeping accommodations of paying guests.
[3]
Shall be located in the principal structure of the property.
[4]
Owner must operate and live in principal structure.
[5]
Provide parking in the rear for each rental room and each outside staff members.
[6]
No lunch or dinner is to be provided to the guests, only breakfast.
(3)
Prohibited uses. The following uses are specifically prohibited in this zone inasmuch as they are permitted in other commercial districts.
(a)
Drive in, take out or fast-food restaurants.
(b)
Used car lots, auto sales, showrooms and automobile service stations.
(c)
Rooming houses, unless owner lives on the property in the principal structure.
(d)
Shopping centers and convenience stores.
(e)
Business conducted from motor vehicles such as curb service or drive-through windows.
(f)
Coin amusement devices.
F.
B-3-IMUO Regional Commercial Inclusionary Mixed-Use Overlay Zone. The purpose of the B-3-IMUO Regional Commercial Inclusionary Mixed-Use Overlay Zone is to address a portion of the Borough of Chester's affordable housing obligations by adding an inclusionary residential development option to the existing B-3 Regional Commercial development and use provisions on Block 133, Lot 5 to encourage the redevelopment of the site with residential inclusionary development and permitted regional commercial uses. This zone permits regional commercial uses on the ground/first floor and inclusionary residential development above ground/first floor permitted regional commercial uses.
[Added 6-6-2019 by Ord. No. 2019-13]
(1)
Permitted uses.
(b)
Mixed-use multifamily housing development at a maximum density of 10 dwelling units per acre with a 20% affordable housing set-aside with all nonresidential development limited to the first floor of buildings and residential development limited to floors above nonresidential development; and with all affordable units built, constructed, administered, maintained and operated in accordance with the provisions of the Borough of Chester's Affordable Housing Ordinance[6] and all other applicable rules, regulations, statutes and Court decisions, including, but not limited to N.J.A.C. 5:93-1 et seq.,[7] and N.J.A.C. 5:80-26.1 et seq., Uniform Housing Affordability Controls, as amended, and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), as amended.
(4)
Area, yard and building requirements for the B-3-IMUO shall be as specified below:
(e)
Minimum parking and driveway setback: 40 feet - the minimum parking setback from a public road, residential zone or use shall be suitably landscaped with a parking and driveway setback buffer, consisting of lawn, planted buffer screen with trees and shrubs, a fence, or combination of the three as may be required by the Planning Board. Access driveways may be located in the parking and driveway setback buffer, provided that access driveways cross the buffer in the shortest distance between the public road and on-site parking and circulation driveways. The minimum parking and driveway setback from an adjoining B-3 use shall be zero feet.
(5)
Off-street parking requirements. As per Article X as defined for the particular nonresidential use. Parking shall be provided as per RSIS for multifamily housing. Shared parking may be permitted where it is demonstrated to the satisfaction of the Planning Board that a portion of the combined parking demand of nonresidential and multifamily uses can be accommodated in a shared parking arrangement.
(6)
An internal pedestrian circulation system consisting of pathways, sidewalks and paths shall be provided with connections to public sidewalks, off-site regional trails, pathways, and public open space, which shall include a continuous loop of walking paths on site for the benefit and enjoyment of the residents and for access to permitted residential and nonresidential development.
(8)
Affordable housing requirements/very-low-, low- and moderate-income units.
(a)
Affordable units shall conform to the requirements of the NJ Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"), the Round 2 regulations adopted by the NJ Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq.,[8] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., all other relevant statutes, regulations, and policies and the Chester Borough Third Round Affordable Housing Ordinance.
[8]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
(b)
Affordability average; bedroom distribution. Affordable units shall be provided in accordance with N.J.S.A. 5:80-26.3 affordability average; bedroom distribution.
(c)
Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the NJ Fair Housing Act and Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq. including standards for the split between very-low-, low- and moderate-income housing. Pursuant to N.J.S.A. 52:27D-329.1, a minimum of 13% of the affordable units shall be very-low-income households, i.e., affordable to households earning 30% of median income for the region; and at least 37% of the affordable units shall be low-income units. The balance of units shall be moderate-income units.
(d)
Affordable units shall be affirmatively marketed in accordance with the affirmative marketing provisions identified at N.J.A.C. 5:80-26.15.
(e)
Controls on affordability. There shall be an income control period pursuant to N.J.A.C. 5:80-26.11 of at least 30 years for all affordable units.
[1]
The applicant shall submit a copy of the draft deed restriction to be placed on affordable units at the time of application for site plan approval for Planning Board Attorney review and approval prior to the Planning Board granting preliminary site plan approval.
[2]
Affordability controls shall be established in the form of a deed restriction, which shall be approved by the Planning Board Attorney and recorded with the County Clerk and filed with Chester Borough Clerk.
(f)
Affordable units shall be administered by a qualified administrative agent in accordance with the administrative procedures for affordable units identified in the UHAC. The developer shall be responsible for the cost for all aspects of administering the affordable units, including, but not limited to, affirmative marketing, income qualification, tenant placement/purchaser selection, maintenance of controls, etc.
(9)
Site plan review required as set forth under Article VI. An application for site plan approval shall comply with the Borough's submission requirements, procedures, design standards and requirements for a site plan application pursuant to all applicable standards in Chapter 163.
(a)
A comprehensive traffic study shall be submitted with the application for development. This study will include a matrix with estimated projections for vehicle movements in and out of the facility in each hour of each day in a typical seven-day week. The projections for each hour will be built up from separate estimates for ingress and egress, and for different categories of use. The latter will include, but not be limited to, residents, deliveries and visitors. Added together the separate categories will equal all traffic in and out. The study will also include background traffic in each direction on the public road servicing the facility in the same twenty-four-hour, seven-day format. The factual and analytical basis for all estimates will be explained.
(b)
The Planning Board may use the traffic study to foster proper design and to determine the applicant's pro-rata share of off-site and off-tract improvements, if any, that may be required. The Planning Board shall not use the traffic study to alter the density of sites to be developed with inclusionary zoning.
(c)
The applicant shall have the option of preparing the traffic study or choosing a consultant from a list of at least two professionals (prepared by the municipality) to prepare the studies. If the developer chooses a consultant from the municipally prepared list, the developer and municipality shall rely on the consultant's recommendations.
(10)
A landscaped buffer shall be required on any side or rear yard adjacent to any property used or zoned for residential purposes. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of eight feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences in order to screen the multifamily use from the adjoining residential use or zone. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
§ 163-73 Office zones.
A.
Requirements for all office zones.
(1)
Permitted uses.
(a)
Subject to requirements of each zone, office buildings for professional and business occupancy, including professional offices, banks, commercial and private schools, clerical occupations of all kinds, insurance agencies, travel agencies, stock brokerage firms and real estate offices. Business engaged in retail sale of goods or the repair and/or selling of goods and any other use other than those set forth above, are prohibited.
(2)
Permitted accessory uses. No accessory uses are permitted in the office zones except as specified for each zone.
B.
OP - Office Professional Zone.
(2)
Permitted accessory uses: none.
(3)
Permitted conditional uses.
[Amended 4-6-2004 by Ord. No. 2004-4]
(a)
Restaurants, subject to the following conditions:
[1]
No drive-through service shall be permitted;
[2]
Restaurant shall provide seating for at least 100 patrons;
[3]
Restaurant shall hold a valid liquor license, existing at the time of the adoption of the ordinance, for on-site consumption of alcoholic beverages; and
[4]
A conditionally permitted restaurant may undertake expansion, addition and alteration of a nonconforming structure, provided that existing nonconformities are not effected, extended or increased. Any permit for expansion, addition and/or alteration of a nonconforming structure that does not effect, impact or increase an existing nonconformity may be approved by the Borough Construction Official and Zoning Officer. In the event that a proposed expansion, addition and/or alteration effects, impacts or increases an existing nonconformity, the owner shall be required to seek variance approval from the Zoning Board of Adjustment.[1]
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
(b)
Attached age-restricted dwellings within the age-restricted overlay.
[Added 8-16-2005 by Ord. No. 2005-13]
(4)
Area, yard and building requirements as specified for this zone in Schedule 1Editor's Note: Schedule 1 is included at the end of this chapter. unless modified in accordance with the standards set forth in § 163-70.
C.
OT - Office Transitional Zone.
(1)
Permitted uses. In the Office Transition OT Zone, no lot shall be used, and no structure shall be erected, altered or occupied for any purpose except the following:
(a)
Uses permitted and regulated in Subsection A above and subject to the requirements of this subsection.
(c)
Subject to Subsection C(4) herein below, the existing residential buildings within this zone may be converted for professional and business occupancy, including professional offices, banks, commercial and private schools, clerical occupations of all kinds, insurance agencies, travel agencies, stock brokerage firms and real estate offices. Business engaged in retail sale of goods or the repair and/or servicing of goods and any other use other than those set forth above are prohibited.
(2)
Permitted accessory uses. Customary accessory uses and buildings, provided that such uses are incidental to the principal use. Any such accessory building or use shall be located on the same lot as the principal building and conform to the requirements of § 163-70O(1).
(3)
Conditional uses.
[Amended 8-16-2005 by Ord. No. 2005-13]
(a)
Attached age-restricted dwellings within the age-restricted overlay.
(4)
Area, yard and building requirements. As specified for this zone in the Schedule 1[2] unless modified in accordance with the standards set forth in § 163-70.
[2]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(8)
Use regulations. The use regulations permitted in said OT Zone shall be those designated by the various applicable requirements of the zoning section plus those additional regulations set forth herein below which shall apply to all property located within the OT Zone.
(9)
Before any new construction or alterations are made on any property or building within the OT Zone, the project must be approved by the Planning Board. No building permit, demolition permit or permit for the moving of structures onto, from or within the OT Zone shall be issued until such approval is secured. The following data shall be submitted to the Planning Board for review of all applications submitted for approval in the OT Zone.
(a)
Any plans for new buildings, structures or signs;
(b)
Any plans for alterations, renovation, remodeling or reconstruction, affecting the exterior of existing buildings, structures or signs;
(c)
Site and landscaping plans;
(d)
Sketches, models or drawings of any proposed sculpture, statuary, fountains, monuments, historical markers or decorative or memorial plaques; and
[1]
In reviewing the plans, the Planning Board shall give consideration to:
[a]
The historical or architectural value and significance of the structure and its relationship to the architectural and historic value of the surrounding area.
[b]
The general compatibility of exterior design, arrangement, texture and materials proposed to be used.
[c]
Any other factors, including aesthetics, which it deems pertinent to the intent and purposes of this chapter.
[2]
In acting on any application under this subsection, the Planning Board shall endeavor to assure that all buildings hereafter erected or altered, including signs thereon and all other signs within the OT Zone, shall be of such design, appearance and relation to one another that they will enhance the OT Zone.
[3]
Nothing in this section shall be construed to prevent ordinary maintenance or repair within the OT Zone not affecting the exterior design or appearance of any existing building structure or sign.
§ 163-74 (Reserved) [1]
[1]
Editor's Note: Former § 163-74, Industrial zones, was repealed 6-15-2004 by Ord. No. 2004-16.
§ 163-75 Conditional uses.
[Amended 7-10-2000 by Ord. No. 2000-12; 12-17-2001 by Ord. No. 2001-27; 8-16-2005 by Ord. No. 2005-13; 10-18-2005 by Ord. No. 2005-22; 12-20-2005 by Ord. No. 2005-26; 2-20-2007 by Ord. No. 2007-3; 4-17-2007 by Ord. No. 2007-8; 2-20-2024 by Ord. No. 2024-01]
No permitted conditional use shall hereafter be established or altered in the Borough of Chester until conditional use approval has been obtained from the Chester Borough Land Use Board. The conditional uses set forth in this chapter are permitted subject to the following use limitations imposed by this section under the terms and specifications herein set forth. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established. Conditional use permitted in this chapter that are not specifically enumerated herein below shall be subject to the conditional use standards identified in the subsections below.
A.
Expansion of nonconforming structures permitted as conditional uses under certain circumstances. The expansion or extension of an otherwise permitted use in the residential or commercial zones by expansion of a nonconforming structure is permitted as a conditional use on undersized lots, but only under the circumstances set out at § 163-76A(4) and additional conditions as follows:
(1)
After considering the documents or other proofs submitted in support of the application, the Board finds that no additional land is available, or could reasonably be purchased in order to correct or lessen the nonconformity.
(2)
The parking requirements of this chapter for the proposed structure and use are met.
(3)
No nonconforming structure shall be enlarged, extended or increased in size in any other fashion, unless such enlargement would not effect or would reduce the existing nonconformance of the front, side and/or rear yards as defined in the schedule of area, yard and building requirements (which is found in § 163-69 of this chapter).[1] Further, maximum lot coverage provisions or height restrictions contained in the referenced schedule shall not be exceeded either under existing conditions or as proposed.
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
(4)
No expansion of any structure is permitted under this section upon lots which have less than 50 feet of frontage or are less than 4,000 square feet in area.
(5)
The proposed expansion shall not infringe upon the septic waste disposal system which shall be demonstrated as adequate to handle the expanded use, and Board of Health approval of the proposal shall be obtained.
(6)
An adequate water supply shall be provided, minimum state and local regulations shall be observed.
(7)
Site plan approval shall be obtained from the Planning Board, except for alterations proposed to an existing single-family residence.
(8)
A condition of any approval under the provisions of this chapter shall require that the use of the expanded structure shall not be changed from that as presented to the Board. Appropriate penalties as set out elsewhere in this chapter and including revocation of the conditional use permit and site plan approval after notice and an opportunity for a hearing are afforded, may be imposed upon the property owner for violation of this section.
(9)
No conditional use permit or other relief may be granted under the terms of this section unless such permit or other relief can be granted without substantial detriment to the public good and without substantially impairing the intent and the purpose of the zone plan and the zoning ordinance of the Borough of Chester.
(10)
If a lot which is the subject of an application under this section has frontage along Main Street, then the Board may refer the proposal and architectural elevations to the Historic Preservation Committee as provided for in § 163-87. The purpose of such referral is to obtain a review of the impact of the proposal upon the historic character and aesthetic appearance of the subject structure itself and of the surrounding area. The applicant shall pay the reasonable fees for such review as part of the application process. Further, if such review is sought, a written report shall be obtained from the review board or from the architect. The applicant shall be provided with a copy of this report and shall have the opportunity to present his comments or objections, if any, to the report at the public hearing on its application.
(a)
After this process, the Planning Board may require as a condition of any approval granted under this section that any reasonable recommendations of the report which deal with the external appearance of the subject structure, accessory structure, or existing or proposed site improvements, be incorporated into the applicant's proposal.
(b)
The provisions of this subsection do not exceed the time limit in which the Board must act as set out in the Municipal Land Use Law.
(c)
These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by this section. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or design, in keeping with the intent thereof, that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. The Planning Board shall decide each application in accordance with the standards provided for that particular use as specified herein.
B.
C.
Automobile service stations. Automobile service stations are hereby permitted in the B-3 Business Zone subject to the following regulations:
(1)
A minimum area of one acre and 200 feet frontage is required.
(2)
No service station shall be located within 200 feet of any public entrance to a church, parish house, school, public building, post office, hospital, sanitarium, philanthropic or eleemosynary institutions.
(3)
Gasoline filling stations shall have their gasoline pumps, including other service facilities set back at least 30 feet from any street right-of-way line.
(4)
No major repair work will be performed out of doors.
(5)
All fuel, oil or similar substances to be stored at least a distance of 35 feet from any street or lot line.
(6)
All automobile parts, dismantled vehicles and similar articles to be stored within a building.
(7)
All items, trailer, or vehicles offered for rent, lease or letting shall be kept and stored within a building.
(8)
No garage or filling station may be within 2,500 feet of another filling station and said distances shall be measured on a straight line from the outer boundary or property line in the one instance to the nearest property or boundary line in the other.
D.
Public utility installation. Public utility installation shall be permitted in all zones subject to the following conditions:
(1)
Proof is furnished to the Planning Board that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
The design of any building utilized in connection with such facility conforms to the general character of the area and shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area and zone in which it is located.
(3)
Adequate and attractive fences and other safety devices will be provided and sufficient landscaping including shrubs, trees and lawn shall be provided and periodically maintained.
(4)
A minimum of a twenty-five-foot buffer zone is required for public utilities and shall meet the design standards of § 163-73G.
E.
Home Occupation and Private Professional Office Standards:
F.
Wireless telecommunications facilities.
(1)
Location priority.
(a)
Upon showing that a wireless telecommunications facility is needed for the provision of adequate service in the municipality, said facility shall be permitted as a conditional use at the following prioritized locations:
[1]
The first priority location shall be collocation on existing wireless telecommunications facilities located on lands and/or structures owned by the Borough of Chester, with the consent of the Borough Mayor and Council.
[2]
The second priority location shall be on lands and/or structures owned by the Borough of Chester, with the consent of the Borough Mayor and Council.
[3]
The third priority location shall be on existing wireless telecommunications facilities.
[4]
The fourth priority location shall be on lands located in the I Industrial Zone as identified in the Borough of Chester Zone Map.
[5]
The fifth priority location shall be on lands located in the OP Office Professional Zone as identified in the Borough of Chester Zone Map, but no closer to any residential zone or residential use than 300 feet.
(b)
If a wireless telecommunications provider seeks to place a wireless telecommunications facility on a lot that is located in a priority level other than the first priority location, the provider must establish that the priority locations prioritized ahead of the location in which the lot is located are either not available or not suitable for the provision of adequate wireless telecommunications services.
(2)
Conditional use standards. All wireless telecommunications facilities shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection F(1) shall be deemed more acceptable than lower priority sites.
(a)
Sites for wireless telecommunications facilities must demonstrate that they provide the least visual impact on residential areas and public way. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
[1]
Wireless telecommunications equipment facilities should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
[2]
Wireless telecommunications facilities shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
(3)
Site design standards.
(a)
Collocation. Any ordinance limitation on the number of structures on a lot shall apply except for wireless telecommunications facilities located on a lot with buildings or structures already located on it.
(b)
Security fencing. Wireless telecommunications facilities shall be enclosed by security fencing not less than eight feet in height and shall be equipped with appropriate anti-climbing devices. Additional safety devices shall be permitted or required as needed by the Planning Board.
(c)
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and public right-of-way. Required front yard setback areas shall be landscaped. All wireless telecommunications equipment facilities shall be screened by an evergreen hedge eight to 10 feet in height at planting time.
(d)
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted. Only the minimum number of signs shall be permitted.
(e)
Color. Wireless telecommunications facilities shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration.
(f)
Dish antennae. Dish antennae shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.
(g)
Lighting. No lighting is permitted except as follows:
[1]
Wireless telecommunications equipment facilities enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
[2]
No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(h)
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate, that a different type pole is necessary for the collocation of additional antennae on the tower. Such towers must employ camouflage technology to the greatest extent feasible and as agreed to by the Borough.
(i)
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.
(j)
Radio frequency emissions. Applicants shall provide current FCC information concerning wireless telecommunications facilities and radio frequency emission standards. Wireless telecommunications facilities shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(k)
Structural integrity. Wireless telecommunications facilities must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended and any other pertinent standards.
(l)
Maintenance. Wireless telecommunications facilities shall be maintained to assure their continued structural integrity and site plan, which includes landscaping. The owner of the wireless telecommunications facility shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(m)
Interference. Interference studies must be conducted to insure local emergency R/Frequency transmissions are not interfered with.
(n)
Quarterly report. A quarterly maintenance report is required to the Borough Building Inspector indicating maintenance and ownership.
(4)
Collocation policy.
(a)
The Municipal Engineer and the Clerk/Administrator shall maintain an inventory of existing wireless telecommunications facilities locations within two miles of the Borough of Chester and in the Master Plan.
(b)
An applicant proposing a wireless telecommunications facility at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practical or economically feasible.
(c)
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
[1]
How the proposed location of the wireless telecommunications facilities relates to the objective of providing adequate wireless communication services within and near the Borough of Chester;
[2]
How the proposed location of the proposed wireless telecommunications facility relates to the location of any existing antennae within and near the Borough of Chester;
[3]
How the proposed location of the proposed wireless telecommunications facility relates to the objective of collocating the antennae of many different providers of wireless communication services on the same wireless telecommunications facility; and
[4]
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and near the Borough of Chester.
(d)
The Planning Board or Board of Adjustment may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis, the service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in escrow.
(5)
Removal of abandoned wireless telecommunications facilities. Any wireless telecommunications facility that has not operated for a continuous period of 12 months as indicated on the quarterly reports shall be considered abandoned. If there are two or more users of a single wireless telecommunications facility, then the abandonment shall not become effective until all users cease using the wireless telecommunications facility for a continuous period of 12 months. The owner of the property shall remove same within 90 days of notice from the Zoning Officer that the wireless telecommunications facility is abandoned. If such wireless telecommunications facility is not removed within said 90 days, the municipality may remove such wireless telecommunications facility at the facility and/or land owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility in not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
G.
Attached age-restricted dwellings.
(1)
Minimum lot size: one acre.
(2)
Affordable housing. There shall be provided one dwelling unit of non-age-restricted affordable housing provided for each eight dwelling units of age-restricted attached housing that is created. For every fraction of an age-restricted affordable housing unit required above 0.4, there shall be provided an additional affordable unit. For every fraction of a unit 0.4 or less, an affordable housing development fee contribution shall be paid to the Borough for the fraction of an affordable housing unit required but not constructed within the age-restricted development. There shall be an even mix of low- and moderate-income units provided, except that there shall be an additional low-income unit provided when the number of affordable units required shall be an odd number. If the number of attached age-restricted dwellings proposed results in the requirement to provide only one affordable unit, it shall be a low-income unit. Affordable units shall be integrated into the overall design of the attached age-restricted development so that there shall not be any exterior discernable difference between the affordable units from the market-rate units in the development.
(a)
Affordable housing units shall comply with all New Jersey Council on Affordable Housing rules and requirements for the provision of affordable housing.
(b)
Affordable housing units provided under this subsection shall be exempt from the density requirements for the attached age-restricted dwelling units conditional use development option.
(3)
Age restrictions for dwelling unit occupancy. Approval of an age-restricted community pursuant to this subsection shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to insure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Act.
H.
Solar energy systems.
(1)
The applicant shall demonstrate to the satisfaction of the Planning Board that the proposed solar energy system shall not be visible to a pedestrian from Main Street or any other street, sidewalk, yard, parking lot or municipal facility within or adjacent to land included in the historic district, or any state or National Register listed building, site or district.
§ 163-75.1 Neighborhood Cluster - Lot Averaging Overlay.
[Added 5-4-2004 by Ord. No. 2004-9]
The purpose of this overlay is to provide an additional development option which permits clustering or lot averaging for single-family detached or age-restricted detached dwellings within the Neighborhood Cluster — Lot Average Overlay, as designated on the Borough of Chester Zoning Map.
A.
Within the Neighborhood Cluster — Lot Averaging overlay, single-family detached residential dwellings and age-restricted residential dwellings may be constructed on lots of at least one acre in area, in accordance with the following procedures and standards.
(1)
The maximum density permitted in the neighborhood cluster-lot averaging overlay shall not exceed one dwelling unit per two gross acres of land.
(2)
The number of lots permitted under this section shall be determined by the submission of a variance-free qualifying plan, which conforms to the bulk requirements in the Schedule 1 - Part 1, Schedule of Lot Area, Yard and Building Requirements area and yard requirements applicable to the RHD Zoning District.
(3)
Individual lots within the overlay shall not be less than one acre of land.
B.
Architectural review required. Development constructed under this development option shall be subject to the Borough's architectural review procedures, as found in Article XI of this chapter. It is the purpose of this requirement to maintain thematic consistency of development constructed within the overlay with the historic and traditional architecture found in the Borough's historic districts.
C.
Open space.
(1)
Open space created from a cluster subdivision under this section shall be owned and maintained by a homeowners' association comprised of all homeowners in the cluster subdivision.
D.
Buffering.
(1)
A densely planted landscaped buffer, at least 50 feet in width, shall be provided along all tract boundaries.
(2)
The minimum width buffer shall be landscaped with a mix of indigenous coniferous and deciduous trees and shrubs to effectively screen the view of any development from off tract.
(3)
The Planning Board may require supplemental buffering such as berming, fencing or walls where it is determined by the Planning Board that such measures are appropriate.
(4)
The Planning Board may reduce the minimum planting requirements within the buffer when it can be demonstrated to the satisfaction of the Planning Board that such lesser buffering measures will effectively screen the neighborhood from off tract.
(5)
Where it is demonstrated to the satisfaction of the Planning Board that existing features such as hedgerows, mature vegetation and fences effectively screen the neighborhood from off tract, required buffer plantings may be reduced, provided that the view of the neighborhood is screened from off site.
§ 163-76 Nonconformance.
A.
Continuance. Except as otherwise provided in this section the lawful use of land or buildings existing at the date of the adoption of this section may be continued, although such use or building does not conform to the regulations specified by this section for the zone in which such land or building is located; provided, however:
(1)
That no nonconforming lot shall be further reduced in size.
(2)
That no nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
(3)
That no nonconforming use may be expanded.
(4)
That the provisions of § 163-75A providing for the expansion of nonconforming structures on undersized lot for conditional uses shall apply only for structures located upon lots which meet all of the following criteria:
(a)
The lot is located in a residential or commercial zone;
(b)
Both the existing and proposed uses on the lot are permitted under this chapter; and
(c)
The lot is substandard with respect to the bulk requirements of this chapter, but has a minimum frontage of 50 feet and a minimum area of 4,000 feet.
B.
Abandonment. A nonconforming use shall be presumed to be abandoned when there occurs a cessation of such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
C.
Restoration. If any nonconforming building is partially destroyed by reason of wind, storm, fire, explosion or other act of God or the public enemy, then the structure may be rebuilt, restored or repaired. However, in the event that any nonconforming building is more than 50% destroyed, it may not be rebuilt, restored or repaired, except in conformity with the regulations of this section. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any walls, floor or other structural member which has been declared unsafe by the construction official.
D.
Reversion. No nonconforming use shall, if once changed into a conforming use, revert into a nonconforming use.
E.
Alterations. A nonconforming building may be altered but not enlarged or extended during its life unless a variance shall be obtained from the Board of Adjustment or unless the building is changed to a building conforming to the requirements of this chapter. Nothing in this section shall prevent the strengthening or restoring to a safe condition any wall, floor or other structural member which has been declared unsafe by the construction official.
F.
Construction approved prior to adoption of this section. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this section.
G.
Zoning district changes. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zone of a different classification, the foregoing provisions shall apply to any use which shall be made nonconforming by this change.
§ 163-77 Enforcement and administration.
A.
The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Borough. In the absence of the Zoning Officer, the Borough Administrator, Borough Police Department, and/or an Acting or Assistant Zoning Officer are hereby authorized to file a complaint in the Municipal Court of the Borough of Chester for violations of the provisions of this chapter. In no case shall a permit be granted for the construction of or the alteration to any building where the proposed construction, alteration or use thereof would be in violation of any provisions in this chapter. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any building, plans, or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this chapter, and he has the right to enter any building or premises in the course of these duties.
[Amended 2-19-2008 by Ord. No. 2008-5]
B.
Certificates and permits.
(1)
Zoning permits.
(a)
Zoning permits shall hereafter be secured from the Zoning Officer prior to constructions, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape, and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter, together with the appropriate fee as set forth in chapter 127. The zoning permits shall be granted or denied within 20 days from the date that a written application is filed with the Zoning Officer.
[Amended 2-16-2010 by Ord. No. 2010-2]
(b)
Site plan review required; exception. Site plan review and approval shall be required as a condition for issuance of a zoning permit for any developments except that individual lot applications for a one- or two-dwelling-unit building shall be exempt from site plan approval.
(2)
Certificate of occupancy.
[Amended 2-20-2024 by Ord. No. 2024-01]
(a)
Certificates of occupancy shall be issued and signed by the Construction Official in the manner prescribed in the New Jersey Uniform Construction Code. No certificate of occupancy shall be issued until the Zoning Officer certifies that the construction, erection, alteration or change of use of any structure has received all required Land Use Board approvals, or when no Land Use Board approval is required for construction, erection, alteration, use, or change of use of a structure , the Zoning Officer shall certify that such activity is a permitted activity in accordance with the provisions of this chapter.
(b)
Upon serving notice of violation by the Zoning Officer to the owner of a property with respect to any building, land or use thereof, as specified in this chapter, a new certificate of occupancy shall be required for any further use of such building or land.
(3)
Building permits.
(a)
No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until procedures for issuance of a building permit have been satisfied.
(b)
A building permit issued in accordance with the NJUCC pursuant to the provisions thereof shall be issued only after or coincident with the issuance of a zoning permit certifying that the application is in compliance with all provisions of the zoning chapter or approved variance.
(c)
A building permit shall be secured from the construction official prior to the construction, erection or alteration of any building or structure or part thereof and prior to the use of any land or part thereof.
C.
Duties of Zoning Officer.
(1)
Records. The Zoning Officer shall accept all applications for zoning permits, and shall approve or deny said application, based on review for conformance with the zoning laws of the Borough. The Zoning Officer shall keep a record of all applications for zoning permits issued together with a notation of all special conditions involved. The Zoning Officer shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of the Zoning Officer and shall be available for the use of the Borough Council and of other officials of the Borough.
(2)
The Zoning Officer shall prepare a monthly report for the Borough Council summarizing for the period since the last previous report, all zoning permits issued and all complaints of violations and the action taken consequent thereon. A copy of each report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.
(3)
It shall be the duty of the Zoning Officer to investigate any violation of zoning laws coming to the attention of said officer, whether by complaint or from the Zoning Officer's own personal knowledge or observation.
(4)
Where any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of any provision of the zoning laws of the Borough of Chester and/or State of New Jersey, the Zoning Officer shall serve appropriate abatement notice upon the owner or person violating the law(s), either personally or by registered mail, to remove said violation. In addition, as the circumstances may warrant, the Zoning Officer may:
(a)
File a complaint in the Municipal Court of the Borough of Chester against the owner, his agent, or any person or corporation perpetrating said violation, serving the aforesaid offender with proper notice and prosecute this complaint in the Municipal Court.
(b)
Upon the express authorization of the Mayor and Council, and with the advice and assistance of the Borough Attorney, file in the Superior Court a complaint to terminate said violation.
(5)
The zoning laws of the Borough of Chester and State of New Jersey shall be enforced by the Zoning Officer who shall in no case, except under written order of the Zoning Board of Adjustment[1] or the Mayor and Council, issue any permit for the erection or structural alteration of any building nor grant any permit for any building where the proposed erection, structural alteration or use thereof would be in violation of any provision(s) of the zoning laws of the Borough of Chester.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
(6)
The Zoning Officer shall investigate any alleged violation of the prescribed performance standards in each zone and, if there are reasonable grounds to believe that a violation exists, may either file a complaint in Municipal Court or serve an abatement notice.
(7)
The Zoning Officer shall create and maintain a list of all nonconforming uses in the Borough. Any owner of a nonconforming use shall file with the Zoning Officer a certificate of nonconformity as requested by the Zoning Officer, which certificate shall spell out in detail the extent and nature of the nonconforming use.
(8)
During special and/or temporary events, including but not limited to events such as craft fairs, special sales, historic events, civic pride events and/or business district events, the Zoning Officer is hereby empowered to direct that any zoning violation(s) related to the special and/or temporary event shall immediately cease and desist. The Zoning Officer is hereby authorized to swear out a complaint for any such zoning violation(s) that shall not have been immediately abated. Violations hereunder shall be subject to the penalty provision set forth in § 163-77F(1).
[Added 10-18-2005 by Ord. No. 2005-21]
D.
Applications and appeals.
(1)
Applications for detached single-family dwellings. Each application for a zoning permit for a permitted one-family dwelling unit and accessory structures, buildings or uses related thereto, shall be made to the Zoning Officer. The Zoning Officer shall consider the application and all supporting documents and thereupon make a determination of the application's compliance with the requirements of this chapter. Based upon said determination, the Zoning Officer shall either issue or deny the zoning permit for which application was made. If the Zoning Officer denies the issuance of the zoning permit, he shall state in writing to the applicant the reasons for such denial. Each application made hereunder shall be accompanied by a survey plan of the lot derived from the official Tax Maps or other source of similar or greater accuracy showing the following:
(2)
Applications for a permitted use for all uses except one-family dwellings. All such applications shall be made to the Chester Borough Planning Board in accordance with the requirements for site plan review, except as provided in § 163-25C.
(3)
Applications for variances. All such applications shall be made directly to the Board of Adjustment[2] in accordance with its rules as provided in §§ 163-23C and D and 163-77, except as provided in § 163-14 hereof.
[2]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
(5)
Applications for appeal. All such applications shall be made directly to the Board of Adjustment in accordance with the provisions of §§ 163-23A and 163-77.
(6)
Applications for interpretations. All such applications shall be made directly to the Board of Adjustment in accordance with the provisions of §§ 163-23B and 163-77.
E.
Appeals, variances and other proceedings.
(1)
General. Procedure on all appeals, petitions and other matters before the Board of Adjustment[3] or Planning Board shall be governed by the provisions of the Revised Statutes and by the officially adopted Rules of Procedure of the Board. The Chairman, or in the event of his absence or of his physical disability the Vice Chairman, and the secretary shall sign all orders or instructions to the construction official or Zoning Officer pertaining to matters to this chapter.
[3]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015, provided that, "Any and all references within this chapter to the Zoning Board of Adjustment shall be constructed to apply to Planning Board."
(2)
Public hearings. Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice pursuant to Article V, and no action shall be taken respecting such matter until all interested parties present shall have been given an opportunity to be heard.
(3)
Notification of public hearings. The Board of Adjustment or Planning Board, as the case may be, shall fix a reasonable time for the hearing of the appeal, application or other matter. Public notice of the hearing shall be given in accordance with § 163-36.
(4)
Procedures for variances.
(a)
Applications for a variance may be filed with the Board of Adjustment for action under any of its powers without prior application to the Zoning Officer.
(b)
The Board of Adjustment may refer all applications to the Planning Board for its review and recommendations thereon. Such referrals shall be made prior to a decision being rendered by the Board of Adjustment and shall be made not later than 70 days prior to when the Board of Adjustment is legally required to render a decision. Such referrals shall not extend the period of time which the Board of Adjustment shall act.
(c)
The Planning Board shall review all referrals from the Board of Adjustment within 35 days of its receipt and submit a written report thereon to the Board of Adjustment.
(d)
The Board of Adjustment shall not conclude a public hearing on any application referred to the Planning Board prior to its receipt of the Planning Board's report or the expiration of the thirty-five-day time limit for the Planning Board's review and report. In this connection, the Planning Board shall promptly advise the Board of Adjustment of the date each referral is received by the Planning Board. A copy of the Planning Board review and report shall be furnished to the applicants.
(5)
Decisions.
(a)
The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of the Zoning Officer, or not later than 120 days after the date of submission of a complete application to the Board of Adjustment where no prior application was made to the Zoning Officer. Failure of the Board to render a decision within such one-hundred-twenty-day period, or within such further time as may be consented to by the applicants, shall constitute a decision favorable to the applicants.
(b)
All decisions of the Board of Adjustment shall be final.
(c)
Where the Board of Adjustment has rendered a decision, the following procedure shall be followed:
[1]
Each decision shall be in writing and shall include findings, facts and conclusions based thereon.
[2]
A copy of the decision shall be mailed by the Board of Adjustment within 10 days of the date of the decision to the applicants or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed with the Zoning Officer and the secretary of the Planning Board, as well as in the files of the secretary of the Board of Adjustment.
[3]
A brief notice of the decision shall be published in the official newspaper of the municipality. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
[4]
In any case where the Board of Adjustment has ruled favorably on an application, the Zoning Officer shall be directed to issue a zoning permit in accordance with the decision of the Board of Adjustment, subject to any conditions as may be imposed thereon.
(6)
Procedures for appeal to the Board of Adjustment.
(a)
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer based upon or made in enforcement of the zoning ordinance or Official Map. Such appeal shall be taken within 65 days by filing an application for appeal with the administrative officer specifying the grounds for such appeal. The office from whose decision the appeal was taken shall be simultaneously served with a copy of the appeal and he will forthwith forward all documents, plans, maps, etc., on which he based his decision to the Board of Adjustment.
(b)
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from.
(c)
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer, department or board from whose action the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been properly filed, that by reason of facts and stated in such certification a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or by the Superior Court on application upon notice to the officers, department or board from whom the appeal is taken and on due cause shown.
(7)
Procedures for interpretations of the Zoning Map or chapter. Whenever the Zoning Officer or Planning Board is unable to establish the location of a zone boundary in accordance with the rules therefor established by this chapter or whenever an applicant disagrees with the determination of a zone boundary location by the Zoning Officer, or whenever any party requires an interpretation of such other information as may be shown on the Zoning Map or in the zoning chapter, application for said interpretation shall be made to the Board of Adjustment.
(8)
Expiration of variance. Any variance from terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within nine months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Borough Council, or to a court of competent jurisdiction, until the termination in any manner or such appeal or proceeding.
(9)
Appeal to the Borough Council. Any interested party may appeal to the Borough Council any final decision of the Board of Adjustment approving an application for use variance. Such appeal shall be made within 10 days of the date of publication of such final decision. The following procedure shall be followed:
(a)
The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Planning Board or Board of Adjustment. A fee of $100 shall accompany this notice.
(b)
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 163-35H, and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument of the record at such meetings, and the Borough Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 163-34.
(c)
The Borough Council shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to § 163-34 or otherwise, for use by the Borough Council. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within a specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
(d)
The Borough Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board of Adjustment.
(e)
The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or modify any final action of the Board.
(f)
An appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed was made unless the Board from whose action the appeal is taken certifies to the Borough Council, after the notice of appeal shall have been filed with such Board, that by reasons of facts stated in the certificate a stay would, in it opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
(g)
The Borough Council shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular officer is so designated by ordinance, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
(h)
Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
F.
Violations and penalties.
(1)
For each and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit or take part or assist in any violation of this chapter, or who maintain any building or premises in which any violation of this chapter shall exist and who shall refuse to abate said violation within five days after written notice, shall for each and every violation be fined not exceeding $1,000 or imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
(2)
In addition to the powers given to the Zoning Officer as prescribed elsewhere by this chapter, the owner of, or any person having interest in, any property in the Borough of Chester may make complaint for any violation of this chapter or any provisions or section thereof, and upon conviction, in such case, the penalties herein provided shall be imposed.
(3)
In addition to the remedies herein provided, any person, persons, company or corporation violating this chapter or any provision or section thereof, may be proceeded against by the Borough of Chester by appropriate action, or by proceeding in equity, or otherwise to prevent and enjoin any threatened violation of this chapter.
(4)
If a violation of the same provisions of this chapter reoccurs, further notice to abate need not be issued, and a Municipal Court complaint from the Zoning Officer may be issued immediately.
[Amended 7-6-2004 by Ord. No. 2004-20]
G.
Repeat offenders, additional fines.
(1)
Any person who is convicted of violating an ordinance of the Borough, within one year of the date of a previous violation of the same ordinance, and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender.
(2)
The additional fine imposed upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
§ 163-78 Development fee ordinance.
Purpose. In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to COAH rules. The purpose of this chapter is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this chapter shall be used for the sole purpose of providing low and moderate income housing. This chapter shall be interpreted within the framework of COAH's rules on development fees.
A.
Residential development fees. Developers shall pay a fee of 1% of equalized assessed value for any eligible development pursuant to Subsection C of this section.
[Amended 6-21-2005 by Ord. No. 2005-12]
B.
Nonresidential development fees. Developers shall pay a fee of 2.5% of equalized assessed value for any eligible nonresidential development pursuant to Subsection C of this section. Notwithstanding the foregoing, developers of the following types of nonresidential development shall be subject to a reduced fee of 1% of equalized assessed value:
[Amended 6-21-2005 by Ord. No. 2005-12; 7-18-2006 by Ord. No. 2006-16; 9-2-2008 by Ord. No. 2008-19]
C.
Eligible development, ineligible development, and exemptions.
(1)
Developers of low and moderate income units and inclusionary housing units shall be exempt from paying development fees.
(2)
Developers that have received municipal approvals prior to the effective date of this chapter shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.
(3)
Developers that expand an existing structure shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.
(5)
Developers who demolish a single existing structure and replace it with a single new structure shall pay a development fee. The development fee shall be calculated based on the percent of equalized assessed value of the new structure pursuant to Subsections A and B of this section.
[Added 7-7-2015 by Ord. No. 2015-10[1]]
[1]
Editor's Note: This ordinance also provided for an effective date of January 1, 2014.
D.
Collection of fees.
(1)
Developers shall pay 50% of the calculated development fee to Chester Borough at the issuance of a building permit. The development fee shall be estimated by the Tax Assessor prior to the issuance of a building permit.
(2)
Developers shall pay the remaining fee to Chester Borough at the issuance of temporary certificates of occupancy, or at the issuance of permanent certificates of occupancy if no temporary certificates were issued. At the issuance of the first certificates of occupancy (temporary or permanent), the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the certificate of occupancy and the amount paid at the issuance of the building permit. No certificate of occupancy can be issued without the development fee being paid. Failure to pay the required development fee shall result in the filing of a lien by the Borough subject to tax sale.
[Amended 12-4-2007 by Ord. No. 2007-24; 9-2-2008 by Ord. No. 2008-19]
E.
Housing Trust Fund. There is hereby created an interest bearing Housing Trust Fund for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this chapter shall be deposited in this fund.
F.
Use of funds.
(1)
Money deposited in the Housing Trust Fund may be used for any activity approved by COAH for addressing Chester Borough's low and moderate income housing obligation. Such activities may include, but are not necessarily limited to: housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low and moderate income housing; extensions and/or improvements or roads and infrastructure to low and moderate income housing sites; assistance designed to render units to be more affordable to low and moderate income people; and administrative costs necessary to implement Chester Borough's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.
(2)
At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include but are not limited to: down payment assistance; low interest loans; and rental assistance.
(3)
No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include: personnel; consultant services; space costs; consumable supplies; and rental or purchase of equipment.
(4)
Development fee revenues shall not be expended to reimburse Chester Borough for housing activities that preceded substantive certification.
(5)
Chester Borough will use the funds for indigenous housing rehabilitation.
G.
Expiration of section. This section shall expire if:
(1)
COAH dismisses or denies Chester Borough's petition for substantive certification.
(2)
COAH revokes substantive certification or its certification of this chapter.
(3)
Substantive certification expires prior to Chester Borough's filing an adopted housing element with COAH, petitioning for substantive certification or receiving COAH's approval of this chapter.
§ 163-79 Accessory apartments.
A.
Purpose. The Borough of Chester acknowledges the need to provide its fair share of housing for low and moderate income households. The Borough further acknowledges the primary purpose of the establishment of "accessory apartment" as a conditional use in certain zones of the Borough to help satisfy the Borough's housing obligations as they are prescribed by the New Jersey Council on Affordable Housing. To the extent possible, any property owner applying for an accessory apartment as a conditional use under this section must affirmatively demonstrate and represent to the Planning Board and the Planning Board must affirmatively find that the accessory apartment is to be rented to a low or moderate income household.
B.
Marketing. The accessory apartments shall be marketed pursuant to an affirmative marketing plan in compliance with N.J.A.C. 5:93-11 and adopted and implemented by the Borough of Chester. The marketing of the apartments shall explicitly target the Northwest Housing Region for initial and all subsequent rentals.
C.
Permitted conditional uses. Within the B-1, B-2, LBT, RLD and RHD Zones and in addition to permitted uses, a structure may have an accessory apartment located therein as hereinafter described, subject to Planning Board approval as may be required, and subject to the standards specified as follows:
(1)
The single-family dwelling in which the accessory apartment is to be located must be located on a lot having a minimum area as required in the zone district.
(2)
The owner of the property must reside in the dwelling, either in the main portion of the dwelling or in the accessory apartment.
(3)
No accessory apartment may have a floor area of less than 400 square feet nor shall such floor area exceed an area equal to 25% of the total floor area of the existing single-family detached dwelling. For the purposes of this section, the area of a single-family detached dwelling shall be the total area of all the areas of the house, measured from the outside faces of the exterior walls, including the area of basements. The area of the single-family house shall not include roofed but unenclosed areas such as porches and carports. Also for the purposes of this section the net floor area of the dwelling shall not include any hall providing the dwelling with access to the outdoors.
(4)
The accessory apartment shall have a living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the use of its occupants. The apartment shall consist of not less than two rooms, one of which shall be a bathroom with flush toilet, wash basin and shower or tub. All rooms shall have access to one another within the apartment.
(5)
The apartment shall have direct access to the outdoors or to a hall from which there is direct access to the outdoors. If the apartment is located above the second floor there shall be at least two such means of access to the outdoors, and they shall be approved by the construction official. No apartment shall be located above the third floor.
(6)
No change shall be made in the exterior of the dwelling which would detract from its external appearance as a single-family dwelling, except that a separate door to serve as an entrance and exit to the accessory apartment may be installed, provided that it does not abut the front yard.
(7)
Off-street parking for the accessory apartment shall be provided at the rate of one space per bedroom per dwelling unit, and all parking shall be provided in side or rear yard areas.
(8)
The rent charged for occupancy of the accessory apartment will be no more than 57.5% of the region's median income, including utilities.
(9)
The rent shall be based on the number of bedrooms in accordance with N.J.A.C. 5:93-7.4.
(10)
A site plan application shall be submitted to the Planning Board.
(11)
Prior to the construction of an accessory apartment, there shall be secured a construction permit from the Construction Official. The Construction Official shall have issued a certification occupancy prior to the apartment being occupied.
§ 163-79.1 Municipally sponsored one-hundred-percent affordable housing development.
[Added 12-28-2017 by Ord. No. 2017-10]
A.
Requirements.
(1)
Municipally sponsored one-hundred-percent affordable housing development shall be permitted on any lot in existence as of August 10, 2004.
(2)
Minimum requirements.
(a)
Minimum lot area: one-quarter acre (10,890 square feet).
(b)
Not including the required minimum lot area set forth above, municipally sponsored one-hundred-percent affordable housing development shall conform to the zoning requirements set forth in the Schedule of Lot Area, Yard and Building Requirements[1] area and yard setbacks for the zone in which the lot is located.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
Where, by reason of size, shape or other factors uniquely affecting a parcel of land such that the minimum requirements cannot be met, the yard requirements may be reduced without an appeal to the Board of Adjustment provided that the lot and building requirements may be reduced by the same percentage that the lot area bears to the zone requirements, except that no lot or yard area requirement shall be reduced to less than 50% of the zone requirement for a lot or principal building, and the maximum permitted impervious coverage for the lot shall not be increased to more than 150% of the maximum permitted for the size of the lot.
(d)
No accessory building shall be located in the front yard and no accessory building side yard setback shall be less than 12 feet.
(e)
Where a lot is served by an individual subsurface septic disposal system, the development shall obtain Board of Health approval.
(f)
The development shall comply with all applicable Highlands development requirements.
(g)
The affordable housing development shall be creditable toward the Borough's affordable housing obligation and shall administratively conform to applicable affordable housing regulations and statutes.
(h)
The development shall be subject to architectural review in accordance with the procedures set forth at § 163-87.
(i)
Modified site plan waiver requirement. The development shall receive approval from the Planning Board in accordance with the site plan waiver procedures set forth in § 163-70P(1)(a), however, the municipally sponsored one-hundred-percent affordable housing development shall not be required to conform to Subsections (1) and (2) of the definition of "minor site plan" set forth at § 163-6 to qualify for, and for the Board to consider and approve an application for, modified site plan waiver.