Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE IX
Planned Village Development PVD District
§ 130-38 Purpose.
[Amended 12-27-2001 by Ord. No. 2001-29]
The Planned Village Development District provides for mixed-use development consisting of residential, commercial, office, recreational, civic and related uses developed pursuant to a comprehensive development plan for the receiving district under the Township's Transfer of Development Credits program. The PVD District encourages innovative design and planning in order to create a built environment which reflects the character of the traditional American village. Moreover, given that public water and sewer are available or about to become available to the District and are required for development, the PVD District is deemed to be a separate and distinct district with its own regulations. Development is not permitted in the PVD District except as specifically permitted in these regulations.
§ 130-39 Planned village development objectives.
A.
Consistent with the concept of a "community of place" in the New Jersey State Development and Redevelopment Plan, development within the PVD District should consist of a harmonious arrangement of buildings and other land uses, including circulation, parking and open space, based on a cohesive plan which reflects the planning and architecture of traditional towns and villages in New Jersey. More specifically, the intent of this PVD district is as follows:
(1)
To create a residential community pursuant to a plan which encompasses the entire PVD district and is adopted as part of this chapter, which creates a mixed-use village center and integrates pedestrian circulation with civic facilities and open space as well as other permitted land uses to engender a heightened sense of community and neighborhood identity.
(2)
To implement a zoning approach which provides a mechanism through which development can be transferred from the predominantly agricultural areas of the Township to a village center where compact patterns of development are encouraged.
(3)
To reduce dependence upon the automobile by providing a mixture of retail and service businesses, offices, places of worship, civic facilities and recreational opportunities generally located in or adjacent to the mixed-use village center within walking distance of a majority of the designated residential areas.
(4)
To encourage architectural styles and themes which reflect the scale, details, massing and ornamentation characteristic of traditional New Jersey villages, such as Crosswicks, Cranbury, Allentown, Pennington and Greenwich.
(5)
To encourage the creation of a main street with broad sidewalks and associated public spaces, providing access to a variety of commercial, civic, residential, recreational and pedestrian uses and activities.
(6)
To provide for the Township's fair share of the regional need for low- and moderate-income housing and to encourage the provision of a diversity of housing types and lot sizes.
(7)
To encourage a safe and attractive visual environment along the street through planting of street trees, dispersal and sharing of parking spaces, limitations on the extent of paved parking areas, traffic calming devices and similar techniques.
(8)
To encourage a village-wide pedestrian/bicycle circulation system linking the major elements of the community.
(9)
To encourage the preservation and protection of environmentally sensitive open space and wildlife habitats.
(10)
To encourage the provision of attractive and functional civic places and facilities in the village center and, at a smaller scale, in each neighborhood.
B.
It is recognized that the objectives in this section can best be served by application of the Planned Village Development (PVD) Architectural Design Standards and Guidelines which are supplemental to the standards contained in the Township's Zoning and Subdivision Ordinances. This chapter will provide for the promotion of a traditional village character by:
(1)
Modifications of certain Township standards, consistent with promoting the health, safety and welfare of the community.
(2)
Development of the village core and related neighborhoods in sections or phases, based upon the provisions of a conceptual development plan, as defined herein.
(3)
Special provisions in the village core area, including the encouragement of on-street parking, shared parking, minimal setbacks, pedestrian and bicycle pathways, public assembly spaces and a mix of uses within a single building or groups of buildings.
(4)
Greater flexibility in terms of yard areas and setbacks, distances between buildings, street pavement widths, sight triangles, curb radii and sidewalk widths.
(5)
Where no standards are mentioned herein, the applicable provisions of the Township's Zoning and Subdivision Ordinances shall apply, unless otherwise modified by approval of the Planning Board in order to further promote the character of the traditional village and the purposes of this chapter.
§ 130-40 Use regulations.
[Amended 5-10-2001 by Ord. No. 2001-13]
A building or buildings may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with the regulations specified herein.
A.
Development in accordance with the previously underlying Agricultural District (AG) standards (or any standards not set forth in the PVD District) is prohibited. Sewer service availability to the District negates the necessity to provide development options other than those set forth below. All new developments shall be required to have both public water and sewer service. For the purpose of this section, the term "public water and sewer service" is intended to mean centralized water and sewer service where connections are permitted to water and sewer conveyancing and treatment facilities whether owner operated or maintained and/or controlled by a public or private utility or domestic treatment works that is regulated by applicable governmental agencies pursuant to statutory authority and is consistent with the Township's approved Wastewater Management Plan. Permitted principal uses on the land and in buildings shall be as follows:
[Amended 12-27-2001 by Ord. No. 2001-29]
(1)
Residential uses (in PVD-1, PVD-2 and PVD-3 Districts), including:
(a)
Homestead having acreage of greater than 100 acres.
(b)
Perimeter village house.
(c)
Village house.
(d)
Triplex units.
(e)
Mixed-occupancy dwellings, including apartments, which may be located above shops and other nonresidential uses in the PVD-3 District only.
(f)
Carriage houses and apartments, which may be above detached or attached garages on the same lot as the principal dwelling.
(2)
Civic uses (in PVD-1, PVD-2 and PVD-3 District, to be provided in the receiving area in accordance with the Land Use Village Plan), including:
[Amended 12-27-2002 by Ord. No. 2002-15]
(a)
Houses of worship (PVD-2 and PVD-3 Districts).
(b)
Public buildings, including but not limited to post office, community center, fire, emergency and police station facilities.
(d)
Parks and recreation facilities, including but not limited to tennis, basketball, football, soccer, hockey and ice skating (PVD-2 and PVD-3 Districts).
(e)
Libraries (PVD-2 and PVD-3 Districts).
(3)
Commercial uses (in PVD-3 District only), including:
(a)
Retail uses, including:
[1]
Retail shops and stores.
[2]
Financial establishments.
[3]
Restaurants and taverns, including sidewalk cafes.
[4]
Arts and crafts studios and shops.
[5]
Personal and business services, including fitness centers, postal stores, copy centers, barbershops and beauty salons, laundry/cleaners, etc.
[6]
Other similar retail and service uses primarily serving the residents of the PVD Districts and surrounding community.
[7]
Family entertainment and amusement centers, as otherwise authorized by license of the governing body.
[Added 3-30-2022 by Ord. No. 2022-3]
(b)
Service uses, including:
[Added 12-13-2018 by Ord. No. 2018-23[2]]
[1]
Child-care centers.
[2]
Personal and business services, including fitness centers, postal stores, copy centers, barbershops and beauty salons, laundry/cleaners, etc.
[3]
Other similar retail and service uses primarily serving the residents of the PVD Districts and surrounding community.
[2]
Editor's Note: This ordinance also redesignated former Subsection A(3)(b) as Subsection A(3)(c).
(4)
Customary accessory uses (in PVD-1, PVD-2 and PVD-3 Districts, unless otherwise indicated), including:
(a)
Kiosks, street vending carts and sidewalk cafes (limited to the village center area in the PVD-3 District only).
(b)
Walls and fences.
(c)
Swimming pools on individual lots.
(d)
Temporary construction trailers, sales offices.
(e)
Utilities and related facilities.
(f)
Surface parking lots.
(g)
Parking garages for not more than three cars.
(h)
Flagpoles; clock towers.
(i)
Toolsheds and noncommercial greenhouses.
(5)
Noncustomary accessory uses (in PVD-3 District, commercial area only).
[Added 12-10-2020 by Ord. No. 2020-14[3]]
(a)
Work/live unit.
[1]
Purpose. Artisans and creative professionals seek ways to closely integrate life and work. This section provides standards for the experimental development of work/live units to provide an affordable housing option for a specific genre of small businesses while also providing flexibility for development and preserving the commercial vibrancy and viability of the area. Work/live units are intended to be occupied by business operators who live in the same structure that contains the commercial activity. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.
[2]
Definition. "Work/live unit" shall mean a unit configured for both commercial and residential use in which the primary activity is the commercial use, and the residential use is clearly subordinate and ancillary to the primary commercial activity; which contains residential accommodations for the owner/operator of the business; that meets basic habitability requirements, including a sleeping area, cooking facilities, and sanitary facilities. The work/live unit shall be the dwelling of the business owner/operator and may not be sublet to employees or other third parties. The resident shall be responsible for the work performed in the work/live unit, and there shall be a valid business license associated with the premises, issued in the name of the occupant or the business owned by the occupant.
[3]
Operating requirements.
[a]
Permitted commercial uses in work/live units are hereby limited to the following: home studios of an artist and artisans, designer, photographer, craftsman, writer, composer, musician, or similar person, except that home-based hair and nail salons shall not be considered studios as expressed herein, nor shall the offices of accountants; architects; computer software and multimedia-related professionals; consultants; engineers; home-based office workers; insurance, real estate and travel agents; or other licensed professionals.
[b]
No more than two employees (excluding the resident of the dwelling unit) shall work or report to work on the premises at one time.
[c]
No portion of the work/live unit may be rented or sold separately. The premises may not sublet to any individual, including employees.
[4]
Design standards.
[b]
A work/live unit shall contain no more than 600 square feet of gross floor area of the rental space devoted to the private residential portion of the unit.
[c]
Regardless of the allocation of square footage dedicated to "work" versus "live" within one of the two specific units, the accessory and subordinate nature of the "live" component, to the principle and primary nature of the "work" component, shall be based upon the total commercial square footage of the building within which the unit is situated. For example, if the unit is 1,200 square feet, but in order to meet habitability standards the "live" component must be 600 square feet, the "live" component is still subordinate and accessory to the "work" component because the space is defined by the total commercial square footage of the building and not the 1,200 square feet of the individual unit.
[5]
Lease required. The owner of the work/live unit shall agree that the commercial use will be maintained as the primary use of the unit and that the work space will not be leased separately from the residential space.
[6]
Prohibited commercial uses within work/live units.
[a]
The retail sale of food and/or beverages.
[b]
Entertainment, drinking, and public eating establishments.
[c]
Veterinary services, including grooming and boarding and the breeding or care of animals for hire or for sale.
[d]
Adult-oriented businesses, astrology, palmistry, massage, head shops, and similar uses.
[e]
Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles.
[f]
Trade or private schools, including private instruction [except where specifically associated with a use permitted under Subsection A(5)(a)[3] above].
[7]
Strict construction. This section permitting and regulating work/live units shall be strictly construed to limit the menu of uses to be allowed in such units, and any questions or interpretations of same shall be, in the first instance, in the discretion of the Township Zoning Officer; and if the assistance of the Township Planning Board is sought by the Zoning Officer, the matter may be referred to the Planning Board pursuant to N.J.S.A. 40:55D-25b(3).
[3]
Editor's Note: This ordinance also provided for the redesignation of former Subsection A(5) as Subsection A(6).
(6)
Conditional uses (in the PVD-3 District only), subject to the conditional use provisions in the Township's ordinances and subject to architectural design standards to ensure compatibility with traditional Central New Jersey village character.
(a)
Independent living units and assisted living units for occupancy by residents of age 55 or over, with or without on-site nursing care and medical facilities.
§ 130-41 Area, bulk and dimensional regulations.
[Amended 5-10-2001 by Ord. No. 2001-13]
The following area and dimensional regulations shall apply:
A.
Minimum lot size, height and yard areas: see following chart, Area and Bulk Regulations for Districts,[1] and § 130-82, Area and bulk regulations.
[1]
Editor's Note: Said chart is included at the end of this chapter.
B.
Minimum open space. The minimum required open space is 10% of the gross tract area. Required open space may include natural areas, plazas/squares, active recreation and passive parks and any area devoted exclusively to pedestrian or bicycle use (required yards, buffer areas, detention and retention areas, wetlands, wetland buffer areas, easements, slopes of 15% or more and rights-of-way of road do not count toward the open space requirement). The purpose(s) and location(s) of open space shall be determined by various factors, including but not limited to the type and magnitude of residential and/or nonresidential development being proposed and the amount, location and purpose of other open space facilities, whether constructed or anticipated, in or near the receiving district. A pedestrian path system shall be provided through open space areas, with access to water and/or natural areas where feasible and consistent with sound environmental practices. Nonetheless, a portion of the areas set aside for recreation within the PVD Zoning Districts shall be devoted to the development of "planned neighborhood parks" as defined in a May 28, 2002, amendment to the Master Plan of the Township of Chesterfield. At a minimum this area shall represent 4.0% of the developed (not gross) area of the tract.
[Added 7-26-2001 by Ord. No. 2001-17; amended 1-23-2003 by Ord. No. 2003-3]
C.
Buffer building setback and buffer from tract boundary line: 50 feet minimum building setback and 30 feet landscaped buffer, except no buffer strip is required along a boundary line with a lot in any PVD District. Except as otherwise provided below, no improvements are permitted within required buffers; play fields, parks and street crossings are permitted. Landscaped buffer strips shall include a minimum of two rows of staggered evergreen trees, 20 feet on center, two-and-one-half-inch caliper minimum size.
[Amended 7-25-2013 by Ord. No. 2013-9]
(1)
Notwithstanding the foregoing, properties situated within the Township’s Planned Village Development (PVD) District where all maintenance bonds have expired shall be eligible for fence construction within the Township easement, subject first to review and approval by Township staff and Township professionals, to compliance on the specific conditions set forth below, and to the filing of a recordable instrument memorializing the approval.
(a)
Specific conditions.
[1]
Unless otherwise specified herein, fences shall conform to the allowable fence types and sizes permitted in the Township’s ordinances governing fences in the Planned Village Development.
[2]
A "fence in easement" permit, if issued, shall include a representation that the owner agrees that, upon 48 hours' notice, other than in cases of emergencies, as identified by the Township in its sole discretion, in which case the owner hereby waives the notification rights, the owner shall remove any fence and/or fence post impeding access to the easement and/or utility so that the Township can gain access. If the owner fails to grant this access or remove the fencing, the Township shall have the right to remove the fence and/or fence posts and proceed with its work. The owner shall be responsible for any fees incurred and/or time spent removing the fence, or any other impedances, for access. The owner shall be responsible for reinstallation of its fence and/or fence posts in all circumstances. Any damages to fences or fence posts as a result of the removal shall be the sole responsibility of the owner; and by seeking a permit to install such a fence, the owner agrees to hold the Township harmless and indemnify it against any claims arising from removal of the fence by the municipality, utility companies or their respective authorized representatives.
[3]
Easement types. Easements are identified herein not by actual naming but by description of easement use; the Township Engineer is responsible for identifying easement type in case of discrepancy.
[a]
In landscape buffer easements, the following conditions shall apply: The permit fee for fences in this easement type shall be as set forth in Chapter 110; in addition to which the applicant shall post an escrow as set forth in Chapter 110 to cover the costs and fees, e.g., of review by the Township Engineer and/or staff, and the preparation and recording of the recordable instrument referred to above.
[b]
In water and sewer utility easements, the following conditions shall apply:
[i]
Fences shall be of an open type permitting visual inspection of the easement by Township personnel at all times.
[ii]
Fences may not enclose operational valves for any water or sewer utility.
[iii]
No fence post shall be permitted directly above any utility piping, manhole, inlet or cleanout.
[iv]
Said easement shall be maintained by the property owner as grass only; no trees, shrubs, flowers, mulch, firewood, gardens, or any other type of object, structure or growth is permitted.
[v]
Permits shall include a footing inspection to verify post installation locations and condition of utility piping at time of installation. Inspection shall take place at the time the post locations are excavated but prior to post installation.
[vi]
The permit fee for fences in this easement type shall be as set forth in Chapter 110; in addition to which the applicant shall post an escrow as set forth in Chapter 110 to cover the costs and fees, e.g., of review by the Township Engineer and/or staff, and the preparation and recording of the recordable instrument referred to above.
[c]
In underdrain and roof drain collector easements, the following conditions shall apply:
[i]
Fences shall be of an open type, permitting visual inspection of the easement by Township personnel at all times.
[ii]
No fence post shall be permitted directly above any manhole, inlet or cleanout.
[iii]
No fence post shall be permitted directly above any utility piping, unless utility depth is field-verified to be greater than five feet deep.
[iv]
Said easement shall be maintained by the property owner as grass only; no trees, shrubs, flowers, mulch, firewood, gardens, or any other type of object, structure or growth is permitted.
[v]
Permits shall include a footing inspection to verify post installation locations and condition of utility piping at time of installation. Inspection shall take place at the time the post locations are excavated but prior to post installation.
[vi]
The permit fee for fences in this easement type shall be as set forth in Chapter 110; in addition to which the applicant shall post an escrow as set forth in Chapter 110 to cover the costs and fees, e.g., of review by the Township Engineer and/or staff, and the preparation and recording of the recordable instrument referred to above.
[d]
In storm drainage easements, the following conditions shall apply:
[i]
Fences shall be of an open type, permitting visual inspection of the easement by Township personnel at all times.
[ii]
Bottom rails of fences shall be set four inches clear above existing grade to permit free flow of surface water across the easement. The property owner is required to maintain said area beneath the fence to allow same.
[iii]
No fence post shall be permitted directly above any manhole, inlet or cleanout.
[iv]
No fence post shall be permitted directly above any utility piping, unless utility depth is field-verified to be greater than five feet deep.
[v]
Said easement shall be maintained by the property owner as grass only; no trees, shrubs, flowers, mulch, firewood, gardens, or any other type of object, structure or growth is permitted.
[vi]
Permits shall include a footing inspection to verify post installation locations and condition of utility piping at time of installation. Inspection shall take place at the time the post locations are excavated but prior to post installation.
[vii]
The permit fee for fences in this easement type shall be as set forth in Chapter 110; in addition to which the applicant shall post an escrow as set forth in Chapter 110 to cover the costs and fees, e.g., of review by the Township Engineer and/or staff, and the preparation and recording of the recordable instrument referred to above.
[4]
The Township reserves the right to remove, or have removed, any fence, structure, object or material that it deems prohibitive to the function of and/or access to any easement referred to in this section.
[5]
Fences approved and installed in conformance of this easement shall maintain conformance with this section in perpetuity, unless otherwise approved by the Township. Failure to comply will be subject to enforcement by the Township.
[6]
Fences constructed not in an easement, but at an easement line with property beyond, are required to have a minimum of a thirty-six inch gate installed on the line for maintenance access.
(b)
Applications, approvals and fees.
[1]
All applications for fence permits, before being submitted to the Construction Official, shall first be submitted to the Zoning Officer, Township Engineer and Township Clerk for purposes of securing municipal permission to enter into the easement and install the requested fencing.
[2]
Fences in easement applications shall be accompanied by the fees and escrows as indicated herein, which are intended to cover all costs associated with review of the application and inspections during construction or in the future by the Township Engineer, Township Solicitor, and Township staff, with the following conditions:
[a]
The inspection is intended to take place on one occasion to inspect all post foundations. Should multiple inspections and/or reinspections be required or requested, additional fees may be required. The Township reserves the right to require the property owner to post an additional escrow with the Township for inspection costs.
[b]
In the event material (pipe, inlet, swale, etc.) is damaged, deemed nonfunctional or otherwise adversely impacted by the fence construction, the property owner is solely responsible for its correction and repair, including inspection fees for Township personnel to verify the completion of said repairs. The Township reserves the right to require the property owner to post an escrow with the Township for inspection costs.
[3]
For failure to comply with conditions of this section or, by extension, any approval granted by the Township, the approval of said permit shall be considered repealed and invalid.
(c)
Effective date. This section shall not take effect shall not be applicable to any specific property unless and until the performance bonds and maintenance bonds associated with the property in question have expired and the developer of the project within which said property is situated is no longer responsible for the utilities, landscape buffering, and other infrastructure covered under said easements.
§ 130-42 Density and intensity of use.
[Amended 5-10-2001 by Ord. No. 2001-13; 7-26-2001 by Ord. No. 2001-17]
The intensity of use within the PVD-1, PVD-2 and PVD-3 Districts shall be limited according to a standard of development credits per acre rather than by the conventional standards of dwelling units per acre or floor area ratio. The credits available on a given tract are the sum of the underlying credits assigned to the parcel being developed plus the credits purchased and transferred to be utilized on lot(s) in accordance with the provisions of this chapter. Development credits may be utilized only for uses permitted in the respective PVD Districts according to this chapter.
A.
The translation of development credits to use is governed by the chart entitled "Ratio of Development Credits to Uses," as follows:
[Amended 1-22-2009 by Ord. No. 2009-4,[1] 12-30-2010 by Ord. No. 2010-18; 12-13-2018 by Ord. No. 2018-23]
Ratio of Development Credits to Uses | ||
|---|---|---|
Number of Credits Required | Type of Development Permitted | |
1.0 | Detached perimeter village lot | |
0.9 | Detached village lot | |
0.75 | Triplex dwelling lot | |
0.0 | Condominium/apartment over retail | |
0.35 | Condominium/apartment and carriage houses in freestanding structure | |
0.0 | Low- and moderate-income housing units | |
1.0 | Commercial uses including: retail/office/services per 3,500 square feet | |
0.5 | Home office | |
1.0 | Institutional per acre for cemetery, private outdoor recreation, etc. | |
1.0 | Institutional per 2,000 square feet for houses of worship | |
0.0 | Institutional for public buildings, including public schools, libraries and municipal facilities. | |
[1]
Editor's Note: This ordinance also repealed Ord. No. 2007-9, adopted 4-26-2007, which amended this subsection.
B.
Intensity of use shall be limited as follows:
(1)
PVD-1 District. The Planned Village Development-1 District shall have a maximum intensity of use of 2.0 credits per acre.
[Amended 12-27-2002 by Ord. No. 2002-15]
(2)
PVD-2 District. The Planned Village Development-2 District shall have a maximum intensity of use of 3.0 credits per acre.
(3)
PVD-3 District. The Planned Village Development-3 District shall have a maximum intensity of use of 3.0 credits per acre.
C.
Applications for subdivisions which do not utilize at least 67% of the maximum permitted intensity of credits, i.e., an average of at least one credit per acre in the PVD-1 District and an average of at least two credits per acre in the PVD-2 and PVD-3 Districts, shall be designed with clustered building lots so that, if the subdivision under the applicable area and bulk standards set forth herein does not consume the entire lot or tract, then the area which remains undeveloped will be of a size, shape and in a location which can be subsequently subdivided and readily integrated with the prior subdivision plan of the lot and with the conceptual development plan for the receiving district in the event that additional TDC's are purchased by the owner and utilized for additional development.
§ 130-43 Land use mix.
A.
Required residential mix: For subdivisions of lots or tracts of 40 acres or more, a minimum of two dwelling unit types, as defined in § 130-40A(1), shall be provided among the market rate units, with each dwelling unit type accounting for a minimum of 25% of the total number of market rate units planned for in the lot or tract. Dwelling units affordable to low- and moderate-income households, if planned for on-site construction, are to be disregarded for the purposes of this section, i.e., they are not to be counted as a distinct housing type nor are they to be counted in the total number of units planned for the lot or tract.
[Amended 5-10-2001 by Ord. No. 2001-13]
B.
Commercial and civic uses: In order to provide a reasonable balance of and an appropriate location for office, retail and civic/institutional uses within the Receiving District, any lands which front on the north-south collector road or upon a public open space (square, plaza, etc .) which fronts on the collector road within the PVD-3 District shall be planned for commercial and/or civic uses. The Planning Board may grant exceptions to permit residential uses in such areas if it determines that no need exists at the time of an application for development or in the foreseeable future for nonresidential uses in such areas and if it determines that the purposes of the PVD District would be advanced by such an exception.
§ 130-44 Affordable housing requirements.
All residential development within the PVD District shall participate in the Township's Fair Share Housing Plan, either by constructing units on-site which are affordable to persons of low- and moderate-income or by contributing a fee in lieu of such construction. The required affordable housing set aside shall be a minimum of 6% of the total number of units in the development. Contributions in lieu of on-site construction shall be governed by the provisions of § 130-122. All nonresidential development within the PVD District shall be subject to the terms of the fee requirements of § 130-122, including nonresidential development associated with inclusionary residential development.