Chester Township City Zoning Code
ARTICLE 50
Design Standards for B, LB, PO/R and RC Zones
§ 113-323 Applicability; compliance with other sections.
The regulations contained in this article shall apply only on the B, LB, PO/R and RC Zones and do not apply to single-family and two-family dwellings. Otherwise, no use shall be permitted, established, maintained or conducted in the Township except in compliance with the standards set forth in this article and Article 51. In addition, all the design standards and requirements of Part 2, Site Plan Review, shall apply.
§ 113-324 Circulation.
A.
Entrance and exits on public streets shall provide for acceleration and deceleration lanes wherever possible. Such lanes shall be 13 feet in width, except a lesser width may be approved where located on other than an arterial road or where low traffic volume is anticipated.
B.
Curb radii at intersections shall be a minimum of 25 feet. Longer radii shall be used where high traffic volume is anticipated.
C.
Access drives and interior roadways shall have dimensions such as to accommodate adequately the volume and character of vehicles anticipated. Widths shall be increased to provide for parking.
D.
All access drives, interior streets and parking areas shall be curbed where necessary to control drainage and where the curbline radius of curvature is less than 50 feet and at other locations where required by the Planning Board. Curbs shall generally be provided where traffic volume is high.
E.
Sidewalk widths shall be designed to accommodate the anticipated volume of pedestrian traffic as approved by the Planning Board, and in no event shall be less than four feet.
F.
Provisions for circulation shall generally conform to current planning guides and standards published by the New Jersey Department of Community Affairs or other governmental agencies or professional engineering or planning organizations.
§ 113-325 Parking.
A.
Parking areas shall be located and arranged to provide for safe and efficient access by both vehicles and pedestrians. Consideration shall be given to the aesthetic relationship of parking areas to roadways and surrounding properties. Consideration shall also be given to nuisance and pollution factors such as noise, glare, water and air pollution. The location and arrangement of all parking areas shall be as approved by the Planning Board.
B.
Location of off-street parking.
(1)
Off-street parking shall be prohibited within 100 feet of any street line. Furthermore, in no case shall off-street parking be located between the face of any building extended across the width of the lot and an adjacent street line.
(2)
Off-street parking stalls shall not block principal entrances to a building. A minimum of a twenty-foot-wide pedestrian dropoff island, free of vehicular parking, shall be provided to permit unencumbered pedestrian access to the principal building entrances. The circulation systems should be designed so as to provide direct access to the building without requiring pedestrians to pass between parked cars. The Planning Board, in its discretion, may require appropriate breaks in the parking bays to permit adequate pedestrian access to the building.
C.
The number of off-street parking spaces required shall conform with Table No. 1, except that the Planning Board may permit or require the provision of less parking space than specified in Table No. 1 when there is sufficient evidence that such number of required spaces is unreasonable or unnecessary for the contemplated use. In every case, however, provision for all of the required spaces shall be made by design and grading, with the unpaved area being landscaped as specified by the Planning Board. A parking space prepared with EVSE or make-ready equipment shall count as two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking
[Amended 4-19-2022 by Ord. No. 2022-06]
Table No. 1 Off-Street Parking Requirements | ||
|---|---|---|
Uses | Required Parking Spaces | |
Banks and savings institutions | One parking space for each 100 square feet of floor area exclusive of service areas or five spaces for each teller window, whichever is greater | |
Churches and other places of worship | One for each three seats or one for each 72 inches of seating space when benches rather than seats are used | |
Community buildings, social halls and places of public assembly, theaters | One parking space for each three seats, except where a specific amount of seating is undetermined, one parking space shall be required for each 75 square feet of assembly area | |
Country clubs – in addition to requirements for golf courses and golf clubs | One for each 100 square feet of floor area occupied by all principal and accessory structures, except those used for parking purposes | |
Funeral homes | Ten spaces, plus one space for each 50 square feet of space devoted to chapel or slumber rooms | |
Garden centers | Ten spaces, plus one space for each 200 square feet of indoor and outdoor sales area | |
Golf course and golf clubs (See also country clubs) | Ten parking spaces for each tee | |
Hospital and nursing homes | One for each two beds, plus one for each employee in maximum working shift | |
Industrial uses | One for each 400 square feet of floor area or one for each two employees in the maximum working shift, whichever is greater | |
Laboratory, research and other uses not otherwise specified herein | One parking space for every 1.2 employees in the maximum shift or one parking space for every 300 square feet of gross floor area, whichever is greater | |
Medical or dental clinics or offices | Four spaces for each doctor or dentist, plus one space for each employee or one space for every 100 square feet of usable floor space, whichever is greater | |
Offices, business | One space for every 200 square feet of gross floor area | |
Offices, professional | One space for every 200 square feet of gross floor area | |
Residential dwellings | Two parking spaces for each dwelling unit | |
D.
Parking stalls shall be 10 feet wide and 20 feet long, except that the width of stalls for all-day parking may be reduced to nine feet. Longitudinal end-to-end parking stalls shall be 25 feet long. All stalls shall have adequate ingress and egress, which shall be kept open and unobstructed at all times.
E.
The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements established in Table No. 2. Only one-way traffic shall be permitted in aisles serving parking spaces placed at angles other than 90°.
Table No. 2 | ||
|---|---|---|
Minimum Permitted Aisle Widths In Parking Areas | ||
Parking Angle (Degrees) | Aisle Width (Feet) | |
0 (parallel) | 12 | |
30 | 12 | |
45 | 13 | |
60 | 18 | |
90 (perpendicular) | 25 | |
F.
Pedestrian circulation within parking areas shall be separated from vehicular traffic to as great an extent as possible.
G.
Curbs or wheel stops anchored to the ground shall be provided in appropriate locations in parking stalls. Parked vehicles shall not overhang or extend over sidewalks.
H.
A landscaped island, having a minimum width of 12 feet, shall be located between alternate dual rows of parking stalls and at other locations to soften the visual impact of the parking area.
§ 113-326 Access drives and interior roadways.
A.
Location of driveways.
(1)
All entrance and exit driveways to a public or private street shall be so located as to afford maximum safety to such roadway.
(2)
No part of any driveway shall be located closer than 20 feet from any other driveway on an adjoining parcel, nor shall more than one driveway be located closer than 60 feet to another driveway on the same site, as measured from the closest edge of any two driveways along the same right-of-way line, except as provided in Article 47 with respect to flag lots.
B.
Sight distances. The minimum sight distance at intersections shall conform with appropriate standards of the American Association of Transportation and State Highway Officials.
C.
Intersections. Where a site is located at the intersection of two streets, no driveway entrance or exit shall be located within 50 feet of the point of tangency of the existing or proposed curb radius of that site.
D.
Geometric design. The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles and be in accordance with generally accepted good current practice, subject to approval by the Planning Board.
§ 113-327 Off-street loading requirements.
A.
When required. In any district, in connection with every building or building group or part thereof which are to be utilized by industrial and commercial uses or requires the distribution by vehicles or material or merchandise, for any multifamily residential development and for large-scale public and quasi-public uses, there shall be provided and maintained, on the same zone lot with such building, off-street loading spaces in accordance with the requirements of Table No. 3.
Table No. 3 Required Off-Street Loading Space | |||
|---|---|---|---|
Use | Gross Square Feet of Floor Area | Minimum Number of Loading Spaces Required | |
Hospital, nursing home (in addition to ambulance space) | From 10,000 to 30,000 | 1 | |
For each additional 30,000 or fraction thereof | 1 | ||
Office buildings | Less than 5,000 | 0 | |
5,000 to 15,000 | 1 | ||
For each additional 20,000 or fraction thereof | 1 | ||
Retail, commercial, industrial | Less than 3,000 | 0 | |
3,000 to 10,000 | 1 | ||
10,001 to 30,000 | 2 | ||
30,001 to 50,000 | 3 | ||
50,001 to 75,000 | 4 | ||
For each additional 25,000 or fraction thereof | 1 | ||
School | 15,000 or more | 1 | |
B.
Size. Each such loading space shall not be less than 16 feet in width and 40 feet or more in length, depending upon the functions to be performed. The overall floor-to-ceiling height or clear height distance shall not be less than 12 feet, which may be increased where required by the Planning Board.
C.
Signs. All loading spaces shall be appropriately indicated by sign or other visual communication as to their location.
D.
Modification. The Planning Board may modify the above requirements where there is sufficient evidence that such requirements are inadequate, unnecessary or unreasonable.
§ 113-328 (Reserved) [1]
§ 113-329 Animal hospitals and kennels. [1]
Animal hospitals and kennels, where permitted, shall be located in buildings no closer than 200 feet to any side or rear lot boundary line and 100 feet from any front yard lot line. Such facilities shall be maintained in an enclosed structure, shall be of soundproof construction and so operated as to produce no discernible odors at the lot boundary line. Open kennels, exercise pens or runways shall not be located closer than 400 feet to any side or rear lot boundary line or 200 feet from the front yard lot line and shall not be used between the hours of 8:00 p.m. and the following 8:00 a.m.
§ 113-330 External impact.
A.
Noxious activity. No activity shall be permitted which, by its own inherent characteristics or industrial processes, may be noxious or injurious by reason of the production or emission of dust, smoke, refuse, odor, gas, fumes, noise, vibration, radioactivity, unsightly conditions or other similar conditions.
B.
Noise.
(1)
No noise, defined as the sound pressure level radiated continuously from a facility, which exceeds the following in any octave band of frequency shall be permitted:
Frequency Band Cycles per Second | Sound Pressure Level in Decibels1 | |
|---|---|---|
20 to 75 | 69 | |
75 to 150 | 54 | |
150 to 300 | 47 | |
300 to 600 | 41 | |
600 to 1,200 | 37 | |
1,200 to 2,400 | 34 | |
2,400 to 4,800 | 31 | |
4,800 to 9,600 | 28 |
NOTES: | |||
|---|---|---|---|
1. | According to the following formula: sound pressure level in decibels equals 20 log P/P2, where P2 equals 0.0002 dynes/square centimeter. | ||
(2)
If the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:
Type of Operation or Character of Noise | Correction in Decibels | |
|---|---|---|
Daytime operation only | + 5 | |
Noise source operates less than 20% of the time | + 51 | |
Noise source operates less than 5% of the time | +101 | |
Noise source operates less than 1% of the time | +151 | |
Noise of impulsive character (hammering, etc.) | - 5 | |
Noise of periodic character (hum, screech, etc.) | - 5 |
NOTES: | |||
|---|---|---|---|
1. | Apply one of these corrections only. | ||
(3)
The foregoing measurements shall be made at a point 25 feet distant from the building wherein the noise originates or at the nearest boundary line of the property, whichever is further away, and shall be measured with a sound level meter and an octave band analyzer that conforms to the specifications published by the American Standards Association, Inc., New York, New York.
C.
Discharges. No discharge into any disposal system or stream or into the ground of any materials of such nature or temperature as will contaminate or degrade any water resource or cause the emission of any discernible odor shall be permitted.
D.
Hazards. No hazard by reason of fire, explosion, radiation or similar cause to adjoining or nearby property shall be permitted.
§ 113-331 Buffer areas.
A.
All uses in the B, LB and PO/R Zones, other than single-family or two-family detached residences, abutting a single-family residential zone or use in the Township of any adjoining municipality shall provide a buffer area on the side or sides facing such single-family residential zone or use as follows:
Zone | Minimum Buffer Strip Width (feet) | |
|---|---|---|
B/LB | 50 | |
PO/R | 75 |
B.
Structures or uses in buffer. No principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other use shall be permitted within the buffer zone.
C.
Driveways in buffer. No access or driveways, other than as may be permitted by the Planning Board under the site plan review, shall be permitted within a buffer area.
D.
Maintenance of buffer.
(1)
Buffer areas shall be maintained in their natural state when wooded and, whether or not wooded, shall be planted with evergreens or similar natural year-round screening and/or fenced to form a year-round visual barrier.
(2)
It shall be the responsibility of the owner or occupant to maintain any buffer areas and replace plants as they die and repair or replace fences when necessary.
E.
Utility easements in buffer. Underground utility easements shall be permitted, when deemed necessary or desirable by the Planning Board.
§ 113-332 (Reserved) [1]
[1]
Editor's Note: Former § 113-332, Motor vehicle sales, service and repair facilities, was repealed 5-18-2004.
§ 113-333 General application.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify that such machinery, equipment, devices, procedures or methods comply with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
A.
Conditional permit.
(1)
In the event that a determination cannot be made at the time of application that a proposed use, process or unit of equipment will meet the standards established in this section, the Planning Board may recommend issuance of a temporary certificate of occupancy. The temporary certificate of occupancy shall be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(2)
Within 60 days after a temporary certificate of occupancy is granted, a final certificate of occupancy shall be applied and for satisfactory evidence submitted that all standards established by this section have been met.
(3)
In no event shall a temporary certificate of occupancy remain in effect for more than six months.
B.
Regulation of nuisance elements.
(1)
Definition of nuisance elements. A nuisance element is any noise, radioactivity, vibration, glare, smoke, odor, air pollution or dust which exceeds the performance standards established under this section.
(2)
Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:
Nuisance Characteristic | All Uses | ||
|---|---|---|---|
Smoke | Vent or smokestack | ||
Particles and fly ash | Vent or smokestack | ||
Odors | Property line | ||
Liquid wastes | Property line | ||
Solid wastes | Required setback lines | ||
Radiation | Vent or smokestack | ||
Noise | Property line | ||
Vibration | Property line | ||
Glare | Property line | ||
Heat | |||
Heated air | Vent or smokestack | ||
Heated liquid or solid discharge | Property line | ||
(3)
Continued compliance. Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
C.
Air pollution standards.
(1)
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life, to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended, or the regulations contained in this section, whichever shall be the more stringent, shall be complied with.
(2)
Smoke. In any nonresidential zone, no smoke the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the clearing of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period aggregating no more than three minutes in any 15 consecutive minutes.
(3)
Solid particles and fly ash.
(a)
In any zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 4 and 6 of the New Jersey Air Pollution Control Code.
(b)
During construction, any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized sufficiently to prevent the generation of dust from the movement of such vehicles or equipment.
(4)
Odors. In no zone may odorous material be emitted into the atmosphere in quantities sufficient to be detected without instruments.
D.
Waste standards.
(1)
Liquid waste. No liquid waste shall be stored on any property or discharged into any watercourse in the Township except in accordance with all state and federal regulations. If the applicant proposes to construct facilities for the storage or treatment of waste, he/she or she shall supply:
(a)
A statement by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable state laws and regulations.
(b)
Approval by the appropriate officials in charge of the installation of such facilities. No liquid waste shall be discharged into any sewage collection and disposal system unless the appropriate Township or authority officials shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of such officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of degree of alkalinity or acidity and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
(2)
Solid waste. Each proposed use shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except where the Township assumes such responsibility.
(b)
Comply with all applicable provisions of the New Jersey Department of Environmental Protection.
(c)
Comply with all provisions of the State Sanitary Code, Chapter VIII, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk or similar materials.
(e)
Not engage in any sanitary landfill operation on the property, except as may be permitted by other Township codes and ordinances.
E.
Radiation standards. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such act, as well as the Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., whichever shall be more stringent.
F.
Noise standards.
(1)
Objective. The purpose of this subsection is to ensure that the environmental character of the area surrounding the proposed use, with respect to noise, shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
(2)
Measurement. Measurements, if required under this subsection, shall be made at the location noted in Subsection B(2) of this section. Measurements, where required, shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute standard S1.4-1961 thereof and S2.22, or the latest revision thereof. All measurements shall be made in at least eight frequency bands.
(3)
Hours. Ambient noise levels shall be/she determined between the hours of 8:00 a.m. and 11:00 p.m. for periods of at least one hour on three separate occasions.
(4)
Permitted level. The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels in each frequency band.
(5)
Additional standards. In addition, noise control shall be subject to standards established by the New Jersey Department of Environmental Protection. Where standards are established and are more restrictive than contained in this subsection, the more restrictive standards shall be applicable.
G.
Vibration standards. In no zone shall any vibration, discernible without instruments at the measuring point, be permitted.
H.
Heat standards. Heat is thermal energy of a radiative, conductive or convective nature. In no zone shall any use or process produce a temperature rise discernible at the measuring point, or discharge water into any watercourse which shall produce a temperature increase of greater than three degrees in that watercourse measured at a point 10 feet from the point of discharge.
I.
Fire and explosion hazards standards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
§ 113-334 Utility lines.
Utility lines at any new construction shall be located underground.
§ 113-335 Water supply.
An adequate water supply must be available without adversely affecting others drawing water from the same source.
§ 113-336 Sewerage facilities.
Sewerage shall be provided which will dispose of sewage without adversely affecting the sources of water for others.
§ 113-337 Drainage.
Stormwater runoff shall be so controlled that erosion is neither caused nor worsened and that the potential of downstream flooding is not increased.