Township of Ocean, NJ Article II District Regulations

§ 410-12 R-1 Residential District.

[Amended by Ord. No. 2003-34]

A. General intent. This district provides for certain residential and related institutional and other uses in certain developed areas and undeveloped lands east of U.S. Route 9. Existing or planned public water and sewer facilities in this area and prevalent lotting patterns will support residential densities greater than in the R-2 District.

B. Permitted uses. The following uses shall be permitted in the R-1 District:

(1) Detached single-family dwellings;

(2) Public and community-oriented parks and play areas;

(3) Nature preserves and wildlife sanctuaries;

(4) Agricultural uses, as defined, but not the raising and keeping of livestock.

C. Conditional uses. The following uses may be authorized by the Planning Board subject to the Provisions of Article XV of this chapter:

[Amended 4-14-2016 by Ord. No. 2016-3]

(1) Home occupations, as defined;

(2) Home professional offices, as defined;

(3) Institutional uses, as defined;

(4) Community and membership swim and tennis clubs, provided that:

(a) A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.

(b) The required minimum lot area shall be one acre.

(c) All of the building setback and height requirements of the particular zone within which the site is located shall be met.

(d) No parking area or recreation area shall be located closer than 50 feet to a rear or side property line;

(5) Major utility installations, as defined;

(6) Accessory apartment-residential uses, as defined.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined.

E. Lot and building requirements. The following requirements shall apply in the R-1 District:

(1) The dimensions and requirements listed in Schedule B shall apply unless otherwise provided in this chapter.

§ 410-13 R-2 Residential District.

[Added by Ord. No. 2003-31]

A. General intent. This district provides for the residential use of much of the land lying between U.S. Route 9 and the Garden State Parkway, most of which is not presently served by water or sewer systems. Residential densities are lower than in the R-1A and R-1 Districts, reflecting a transition from rural to suburban character in this area of the Township.

B. Permitted uses. The following uses shall be permitted in the R-2 District:

[Amended by Ord. No. 1995-17; Ord. No. 2003-34]

(1) Detached single-family dwellings;

(2) Public and community-oriented parks and play areas;

(3) Nature preserves and wildlife sanctuaries;

(4) Agricultural uses as defined, but not the raising and keeping of livestock. In addition, to be considered a permitted use, such agricultural use must relate to the growing and/or production of said agricultural items, as defined, upon the real property in question.

C. Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:

[Amended by Ord. No. 1995-17; 4-14-2016 by Ord. No. 2016-3]

(1) Home occupations, as defined;

(2) Home professional offices, as defined;

(3) Institutional uses, as defined;

(4) Community and membership swim and tennis clubs; public and private golf courses and country clubs, provided that:

(a) A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.

(b) The required minimum lot area shall be two acres.

(c) All of the building setback and height requirements of the particular zone within which the site is located shall be met.

(d) No parking area or recreation area shall be located closer than 100 feet to a rear or side property line.

(5) Major utility installations, as defined;

(6) Landscape nurseries, garden centers and roadside produce markets on minimum lot size of three acres, but not a storage yard, repair facility or parking facility for a business engaged in providing landscaping services which are performed off site;

(7) Certain commercial uses only if located on Route 532, provided that such shall be limited to the following types and further provided that the standards set forth in § 410-123 shall apply:

(a) Grocery store;

(b) Pharmacy/drugstore;

(c) Dry cleaners;

(d) Beauty palors;

(e) Barber shops;

[Amended 11-29-2023 by Ord. No. 2023-25]

(f) Bait and tackle shop;

(g) Seafood sales establishment, including wholesaling and distribution;

[Amended 11-29-2023 by Ord. No. 2023-25]

(h) Flower and plant store;

(i) Antique shop;

(j) Funeral home;

(k) Bank; savings and loan institution;

(l) Professional office building;

(m) Alcoholic beverage store;

(n) Landscape nursery; garden center.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined;

(6) Roadside farm stands for the sale of farm products grown or raised on the premises by the owner or operator of a farm as defined, provided that there shall be a limit of one stand per farm.

E. Lot and building requirements. The following requirements shall apply in the R-2 District:

(1) The dimensions and requirements listed in Schedule B[1] shall apply, unless otherwise provided in this section.

[1] Editor's Note: See § 410-176.

(2) Any municipal variance approval which grants relief from the density or lot area requirement set forth in Schedule B or this section for the R-2 District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

(3) Any local variance for an approval of a nonresidential development in the R-2 District where the use would not otherwise be permitted shall require that Pinelands development credits be used at the maximum rate permitted in the district in which the development is to be located.

F. Lot area requirements for previously approved lots in the R-2 Zoning District. Notwithstanding anything to the contrary, any lot located in the R-2 residential zoning district of the municipality which, on August 1, 2003, had a minimum land area of not less than 40,000 square feet, and which had been previously created by a subdivision approved by the Ocean Township Planning Board/Zoning Board of Adjustment or Land Use Board, may have a zoning permit issued for the construction of a single-family residential dwelling as a permitted use without the necessity of obtaining a variance from the Ocean Township Land Use Board, provided the applicant therefor meets all other terms and conditions of the bulk regulations for said district and furthermore that the applicant did not own any adjoining property on or after August 1, 2003.

[Added by Ord. No. 2003-31]

G. Cluster development.

(1) In sewered areas of the R-2 District, residential development may be clustered on lots having a minimum lot area of 15,000 square feet, provided that the overall density of development is not reduced below the number of units based on a minimum lot size of 20,000 square feet.

(2) The balance of the tract not divided into lots may be dedicated by the developer as public open space, subject to approval by the Planning Board and acceptance by the Township Committee, or the ownership of common open space shall be otherwise conveyed by the developer to a homeowners' association, as provided for under Articles III, IV, V, VI, VII and IX of this chapter.

(3) These cluster development provisions shall not apply to developments of fewer than 10 lots.

(4) The minimum lot width in cluster developments shall be 100 feet; the minimum front yard shall be 35 feet; the minimum side yard shall be 10 feet; the minimum rear yard shall be 25 feet; and the maximum lot coverage shall be 20%.

(5) Common open spaces, to the extent possible, shall adjoin all lots in the cluster development; shall be contiguous; and shall preserve the waterways, woodlands, and wetlands of the tract. Such common open spaces may, however, be utilized for recreational facilities which serve the development, subject to approval by the Planning Board.

H. Use of Pinelands development credits to increase density.

(1) An increase in the density of residential development may be granted by the Planning Board in sewered areas to applicants who show proof of ownership of Pinelands development credits.

(2) A density bonus of up to one residential unit may be allowed for each one-quarter (0.25) of the Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed 1 1/2 times the number otherwise permitted, with a minimum lot size of 15,000 square feet.

(3) Other lot and building requirements shall be set forth in Subsection G(4).

(4) All applications in which the use of Pinelands development credits in the R-2 District is proposed shall be referred to the Planning Board and the Pinelands Commission for review and certification.

(5) No permit shall be issued for any development in the R-2 District using Pinelands development credits to increase residential density unless the Pinelands Commission shall first certify in writing that credits are owned by the applicant and that the same credits have not been or are not being used to secure density bonuses elsewhere in the Pinelands and Pinelands Natural Reserve.

§ 410-14 R-1A Residential District.

A. General intent. This district covers several older subdivisions east of U.S. Route 9, which are substantially developed and are characterized by very small lots. Existing or planned public sewer and water facilities and prevalent lotting patterns in these areas will support residential greater than in the R-1 District.

B. Permitted uses. The following uses shall be permitted in the R-1A District:

(1) Detached single-family dwellings;

(2) Public and community-oriented parks and play areas;

(3) Nature preserves and wildlife sanctuaries.

C. Conditional uses. The following uses may be authorized by the Planning Board subject to the Provisions of Article XV of this chapter:

[Amended 4-14-2016 by Ord. No. 2016-3]

(1) Home occupations, as defined;

(2) Home professional offices, as defined;

(3) Institutional uses, as defined;

(4) Community and membership swim and tennis clubs, provided that:

(a) A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.

(b) The required minimum lot area shall be one acre.

(c) All of the building setback and height requirements of the particular zone within which the site is located shall be met.

(d) No parking area or recreation area shall be located closer than 50 feet to a rear or side property line.

(5) Major utility installations, as defined.[1]

[1] Editor's Note: Former Subsection C(6), Accessory apartment rental uses, was repealed 4-11-2019 by Ord. No. 2019-4.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined.

E. Lot and building requirements. The following requirements shall apply in the R-1A District: The dimensions and requirements listed in Schedule B[2] shall apply, unless otherwise provided in this chapter.

[2] Editor's Note: See Article XXIV of this chapter.

§ 410-14.1 R-1B Special Residential Zone.

[Added 5-12-2011 by Ord. No. 2011-8]

A. Permitted uses. The uses permitted in the R-1B Special Residential Zoning District shall be the same as those permitted in the R-1 Residential Zoning District.

B. Conditional uses. The conditional uses authorized in the R-1B Special Residential Zoning District shall be the same as those set forth in the R-1 Residential District with the exception of "community and membership swim and tennis clubs," which are specifically prohibited.

§ 410-14.2 Other residential districts.

[Added 4-14-2016 by Ord. No. 2016-3]

A. General intent. These districts cover several older, substantially developed subdivisions east of U.S. Route 9. Each district is characterized by its own prevailing lot size and exhibits a prevalent lot pattern that supports residential densities greater than the R-1 District. The regulations herein are intended to support existing patterns of development in each district while promoting recovery and resiliency through better building design.

B. Other residential districts established. Other residential districts established are as follows: Residential-Sands Point (R-SP), Residential-Skipper's Cove II (R-SC), Residential-Holiday Harbor (R-HH), Residential-Pebble Beach (R-PB), Residential-Bay Haven/Bryant Beach (R-BH) and Residential-Barnegat Beach (R-BB).

C. Permitted uses. The following uses shall be permitted in the R-SP, R-SC, R-HH, R-PB, R-BH and R-BB Districts:

(1) Detached single-family dwellings;

(2) Public and community-oriented parks and play areas;

(3) Nature preserves and wildlife sanctuaries.

D. Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:

(1) Home occupations, as defined;

(2) Home professional offices, as defined;

(3) Institutional uses, as defined and as limited under Schedule A;[1]

[1] Editor's Note: See § 410-184.

(4) Major utility installations, as defined;

(5) Accessory apartment-residential uses.

E. Accessory structures, signs and off-street parking. The following accessory structures, signs and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII, and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined.

F. Lot and building requirements. The following requirements shall apply in the R-SP, R-SC, R-HH, R-PB, R-BH and R-BB Districts:

(1) The dimensions and requirements listed in Schedule B[2] shall apply unless otherwise provided in this chapter.

[2] Editor's Note: Schedule B is included as an attachment to this chapter.

§ 410-15 C-1 General Commercial District.

[Amended by Ord. No. 2000-33]

A. General intent. This district provides for a broad range of commercial and related uses along a majority of the U.S. Route 9 frontage. Development in this district has the purposes of serving the needs of local residents and contributing to the economic development and fiscal soundness of the Township.

B. Permitted uses. The following uses shall be permitted in the C-1 District subject to review by the Land Use Board:

(1) Detached single-family dwellings present at the time this chapter was passed;

(2) Public and community-related parks and play areas;

(3) Landscape nursery garden center;

(4) Roadside market for the sale of agricultural produce and related goods;

(5) Restaurant, including a fast-food restaurant, as defined;

(6) Retail store, including mixed uses;

(7) Alcoholic beverage store;

(8) Bank or other financial institution;

(9) Licensed personal service establishment;

(10) Laundromat dry cleaner;

(11) Business and professional office;

(12) Funeral home;

(13) Veterinary clinic; however, any overnight accommodations must be indoors;

(14) Motor vehicle and boat sales and service;

(15) Printing and publishing establishment;

(16) Medical complexes, including offices and treatment facilities;

(17) Commercial recreation facilities;

(18) Government and public service offices and facilities.

(19) Medical cannabis dispensaries.

[Added 8-11-2020 by Ord. No. 2020-11]

C. Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:

[Amended 4-14-2016 by Ord. No. 2016-3]

(1) Motel or hotel;

(2) (Reserved)

(3) Contractor's storage yard, provided that:

(a) No structures may encroach any setback requirements of the zone district.

(b) Screening must be provided.

(4) Lumber yard; outdoor sale and storage of building materials, provided that:

(a) No structures may encroach any setback requirements of the zone district.

(b) Screening must be provided.

(5) Warehouse; distribution facility, provided that:

(a) No goods are sold retail from the premises;

(b) All items are stored within a completely enclosed building;

(c) The warehousing or storage of hazardous chemicals shall be prohibited;

(d) Loading areas shall not be located within any required front setback; and

(e) Warehousing abutting a residential use shall provide a one-hundred-foot buffer screening strip;

(6) Vehicle body repair services, meeting the standards of Chapter 410, Article XV;

(7) Boat building in boatyards, as defined;

(8) Accessory apartment in a single-family dwelling or commercial premises, as defined;

(9) Gasoline filling station;

(10) Convenience stores, including mixed uses with gasoline service, meeting the standards of Chapter 410, Article XV;

(11) Major utility installations, as defined;

(12) Churches and places of worship, meeting the standards of Chapter 410, Article XV.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and commercial uses, including detached private garages, sheds and like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined.

E. Lot and building requirements. The following requirement shall apply in the C-1 District: The dimensions and requirements listed in Schedule B[1] shall apply, unless otherwise provided in this chapter.

[1] Editor's Note: See § 410-176.

§ 410-16 C-2 Village Commercial District.

[Amended by Ord. No. 2000-33]

A. General intent. This district provides for relatively small-scale commercial development in several locations which are unsuitable for large-scale development and certain commercial uses. The purposes of the C-2 District are to strengthen a village center atmosphere in Waretown, as well as to provide for compatible retail and service uses in or adjacent to residential neighborhoods, where a pattern of such uses has been established or where such uses meet neighborhood needs.

B. Permitted uses. The following uses shall be permitted in the C-2 District subject to review of the Land Use Board:

(1) Detached single-family dwellings;

(2) Public and community-oriented parks and play areas;

(3) Home occupations, as defined;

(4) Home professional offices, as defined;

(5) Municipal and public facilities;

(6) Bank and other financial institutions;

(7) Licensed personal service establishment;

(8) Business and professional offices;

(9) Funeral home;

(10) Retail store having a gross floor area of less than 5,000 square feet, provided that all activity shall be carried on indoors;

(11) Mixed permitted uses;

(12) Bed-and-breakfast.

C. Conditional uses. The following uses may be authorized by the Land Use Board subject to the provisions of Article XV of this chapter:

[Amended 4-14-2016 by Ord. No. 2016-3]

(1) Landscape nursery or garden center, but not a storage yard, repair facility or parking facility for a business engaged in providing landscaping services which are performed off site, and provided that the building area of the establishment does not exceed 5,000 square feet.

(2) Roadside market for the sale of agricultural produce and related goods, provided that:

(a) No area for outdoor sales or storage shall be located within the front yard area or closer to the rear and side property lines than the required rear yard and side yard setbacks for accessory buildings in the C-2 Zone;

(b) The retailing of farm products raised off site and transported to the property in question for sale is permitted;

(c) Off-street parking shall be provided in accordance with the provisions set forth in Chapter 410, Article VI.

(3) Restaurant; as defined;

(4) Churches and places of worship, meeting the standards of Chapter 410, Article XV.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs and off-street parking are permitted, subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and commercial uses, including detached private garages, sheds and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined.

E. Lot and building requirements. The following requirement shall apply in the C-2 District: The dimensions and requirements listed in Schedule B[1] shall apply, unless otherwise provided in this chapter.

[1] Editor's Note: See § 410-176.

§ 410-17 (Reserved) [1]

[1] Editor's Note: Original § 18-16, C-3 Highway Commercial District, as amended by Ord. No 2000-33, was repealed 5-12-2011 by Ord. No. 2011-8.

§ 410-18 I-1 General Industrial District.

A. General intent. This district provides for light industrial development, a source of employment in and fiscal support to the Township.

B. Permitted uses. The following uses shall be permitted in the I-1 District:

(1) Agricultural uses, as defined, but not the raising and keeping of livestock;

(2) Contractor's storage yard; lumber yard, outdoor sale and storage of building materials;

(3) Warehouse; distribution facility;

(4) Boat building; boat yard;

(5) Printing and publishing;

(6) Bottling plant;

(7) Brick and block manufacturer;

(8) Manufacture of electrical and electronic projects;

(9) Manufacture of wood, paper, metal, plastic, and glass products;

(10) Manufacture of scientific and medical instruments and supplies;

(11) Research and engineering laboratory;

(12) Manufacture of light machinery, hardware, and tools;

(13) Manufacture of food products, but not an abattoir;

(14) Commercial and noncommercial recreational facilities private;

(15) Short-term and long-term health-care facilities;

(16) Public facilities that transfer, recycle, and or compost solid waste materials.

C. Conditional use. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:

(1) Fuel dealer and storage, provided that no aboveground storage tanks and tank trucks shall be located and stored nearer to any lot line than 50 feet nor any nearer to any R district than 100 feet;

(2) Major utility installation, as defined;

(3) More than one primary building may be located on a lot under the following conditions:

(a) That the use of the additional building(s) is the same as or substantially the same as the primary building (use);

(b) The additional building (structure) is required to provide the service and or product of the primary building (use);

(c) The following items are subject to the review and approval of the Planning Board;

[1] That there is sufficient water supply;

[2] That there is a permittable wastewater management system appropriate for and use of the site;

[3] That there is a stormwater management plan that is in compliance with the latest local, country, state and federal requirements;

[4] That the proposed additional buildings and use are in compliance with the provisions of the Clean Air Act;

[5] That there will be sufficient on-site parking to accommodate the additional use generated by the additional building or structure.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to industrial and related uses, including private garage, sheds, storage facilities, etc.;

(2) Required off-street parking and loading space;

(3) Temporary on-site construction trailers;

(4) On-site signs, as defined;

(5) Dwelling units in conjunction with any industrial use solely for the housing of caretakers, guards, or other custodial employees;

(6) Snack bar, restaurant, cafeteria or office accessory to an industrial activity or operation.

E. Lot and building requirements. The following requirements shall apply in the I-1 District: The dimensions and requirements listed in Schedule B[1] shall apply, unless otherwise provided in this chapter.

[1] Editor's Note: See § 410-176.

§ 410-19 I-2 Industrial District.

A. General intent. The I-2 Industrial District to be located in the area east of Garden State Parkway, north of Route 532 and west of Route 9. This district provides for the development of an industrial park with the same requirements of the I-1 General Industrial District, with the additions designated in this section.

B. Permitted uses. The following uses shall be permitted in the I-2 District:

(1) Private long-term health-care facilities;

(2) Resource recover facilities such as composting, recycling, transfer stations or MFP's;

(3) Public utility facilities such as energy-generation facilities;

(4) Local, county or state government facilities to include active recreation, training, and administrative uses;

(5) All uses presently permitted in the I-1 Industrial District of Ocean Township.

C. Lot and building requirements.

(1) The dimensions listed for the I-1 Industrial Zone shall apply except for the following:

(2) In all developments, stormwater management shall be designed to be contained on-site and any and all stormwater-related permitting shall be the responsibility of the site developer.

§ 410-20 EC Environmental Conservation District.

[Added by Ord. No. 2006-34]

A. General intent. This district generally corresponds to those environmentally sensitive areas lying outside of and to the west of the Waretown Town Center and east of the Garden State Parkway. It is the intent of this area to act as the low-density environs of the center. Given the environmentally sensitive characteristics of the area, only very low-density residential development or other low-intensity uses are allowed. Protection and conservation of the natural resources of the area is the principal objective of the EC District.

B. Permitted uses. The following uses shall be permitted in the EC District:

[Amended by Ord. No. 2006-39]

(1) Detached single-family dwellings;

(2) Public service infrastructure or public facilities owned and/or operated by the Township of Ocean or any agency of the Township of Ocean;

[Amended 5-12-2011 by Ord. No. 2011-7]

(3) Public preserves and open space;

(4) Public parks and passive recreation facilities;

[Amended 5-8-2008 by Ord. No. 2008-12]

(5) Golf courses are not a permitted use.

[Amended 5-12-2011 by Ord. No. 2011-7]

C. Conditional uses. The following uses shall be permitted in the EC Zone subject to issuance of a conditional use permit under Article XV of this chapter:

(1) Major utility installations, as defined, and as necessary to serve the needs of the public;

(2) Home occupations, as defined;

(3) Home professional offices, as defined;

(4) Institutional uses, as defined and as limited under Schedule A, provided that the applicant can demonstrate a need for the use in the proposed location, that the use is primarily designed to serve the needs of the district in which the use is proposed and that there are no feasible alternatives;

(5) Low-intensity recreational uses, including but not limited to camping, provided that:

(a) The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

(b) The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(c) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(d) The parcel will contain not more than six campsites per gross acre; provided that the campsites shall not be clustered at a net density exceeding 10 campsites per acre.

(e) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(f) No more than 1% of the parcel will be covered with impermeable surfaces.

D. Accessory structures, signs, and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailers;

(5) On-site signs, as defined.

E. Lot and building requirements. The following regulations shall apply in the EC District:

(1) Minimum lot size.

(a) Twenty acres, unless otherwise specified in this chapter.

(b) Notwithstanding the minimum lot areas set forth above and in Schedule B, no such minimum lot area for any use within the EC Zone shall be less than that needed to meet the water quality standards of § 410-83.

(2) Minimum lot width: 200 feet.

(3) Minimum yard requirements:

(a) Front yards: 200 feet.

(b) Side yard: 50 feet for principal buildings; 10 feet for accessory buildings.

(c) Rear yard: 75 feet for principal buildings; 10 feet for accessory buildings.

(4) Maximum lot coverage: 3%.

§ 410-21 WD Waterfront Development District.

A. General intent. This district supersedes the former MC Marine Commercial District designation, and expands the amount of waterfront land east of U.S. Route 9 in which certain residential, marine commercial, institutional, and recreational uses are allowed.

[Amended 8-9-2012 by Ord. No. 2012-16]

B. Permitted uses. The following uses shall be permitted in the WD District:

[Amended by Ord. No. 2003-48]

(1) Detached single-family dwellings;

(2) Public and community-oriented parks and play areas;

(3) Nature preserves and wildlife sanctuaries;

(4) Agricultural uses, as defined, but not the raising and keeping of livestock;

(5) Public fishing piers, docks, and boat launching ramps;

(6) Marinas, as defined, including the following accessory uses and structures, provided that the lot on which such customary accessory services for marina uses as would normally be provided:

(a) Maintenance, repair, refinishing, rebuilding, construction, and alteration of boats, including engine repair and rebuilding;

(b) Boat sales and rentals;

(c) Marine engine sales;

(d) Restaurant, snack bar, or luncheonette, where such use shall not include the sale of alcoholic beverages authorized pursuant to a plenary retail consumption license as set forth in N.J.S.A. 33:1-12 or as may be otherwise authorized under relevant state statutes and regulations governing the sale and distribution of alcohol. The dispensing of alcoholic beverages authorized pursuant to a duly issued club license as set forth in N.J.S.A. 33:1-12 or as may be similarly permitted in accordance with relevant state statutes and regulations governing the sale and distribution of alcohol shall be permitted as part of the operations of a private beach club or marina;

[Amended 8-9-2012 by Ord. No. 2012-16]

(e) Boat launching ramp;

(f) Marine fuel sales;

(g) Marine supplies and equipment sales;

(h) Storage of boats. Parking areas may be used for storage of boats during the winter season.

C. Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:

[Amended by Ord. No. 2003-48]

(1) Home occupations, as defined;

(2) Home professional offices, as defined;

(3) Institutional uses, as defined and as limited under Schedule A;[1]

[1] Editor's Note: See Article XXIV of this chapter.

(4) Community and membership swim clubs, beach clubs, tennis clubs or combinations thereof;

(5) Major utility installations.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like;

(2) Private residential swimming pools and tennis courts;

(3) Required off-street parking and loading space;

(4) Temporary on-site construction trailer;

(5) On site-signs, as defined.

E. Lot and building requirements. The following requirements shall apply in the WD District:

(1) Dimensions and requirements listed in Schedule B[2] shall apply, unless otherwise provided in this chapter.

[2] Editor's Note: See § 410-176.

(2) The minimum lot size for any principal use which is not a single-family dwelling shall be 15,000 square feet, unless otherwise provided in this chapter.

(3) The minimum lot frontage for any principal use which is not a single-family dwelling shall be 150 feet; this minimum frontage shall apply to any lot tine which adjoins a natural or man-made waterway.

§ 410-22 BC Bayfront Conservation District.

A. General intent. This district covers those few remaining undeveloped bayfront locations which contain wetlands subject to regulation by the State of New Jersey and contiguous woodlands having seasonally high water tables. Certain residential and related institutional and other uses are provided for in these areas, but average density of residential development would be lower than in the R-2, R-1 and R-1A Districts, in order to promote conservation of natural resources. Limited-scale commercial and office development also is permitted as a conditional use on larger tracts of land in the BC District that front along Route 9 in order to provide opportunities for commercial and office uses that serve the needs of the Township, while preserving large tracts of open space.

[Amended 2-14-2013 by Ord. No. 2013-3]

B. Permitted uses. The following uses shall be permitted in the BC District:

[Amended by Ord. No. 2000-11]

(1) Detached single-family dwellings shall be permitted on lots which have public sewer and are a minimum of 25,000 square feet in size, except that no such use shall be permitted on any island;

(2) Conservation areas with limited public access;

(3) Nature preserves and wildlife sanctuary.

C. Conditional uses. The following conditional uses are permitted in the Bayfront Conservation Zoning District, subject to issuance of a conditional use permit in accordance with the provisions of Article XV, Conditional Uses:

[Amended by Ord. No. 2000-11; 2-14-2013 by Ord. No. 2013-3]

(1) Limited-scale commercial and office development, which may include retail stores, banks or other financial institutions, licensed personal service attachments, business and professional offices, or government and public service offices and facilities.

D. Accessory uses. The only accessory uses permitted in the Bayfront Conservation District shall be those which are specifically accessory to a permitted use in this district. An accessory use will be included in the calculation for total impervious lot coverage which may not exceed 15%.

[Amended by Ord. No. 2000-11]

E. Lot and building requirements. The following requirements shall apply in the BC District:

[Amended by Ord. No. 2000-11; Ord. No. 2003-49]

(1) Single-family dwellings.

(a) Minimum lot size: 25,000 square feet.

(b) Minimum lot frontage: 100 feet.

(c) Minimum lot width: 100 feet.

(d) Setbacks.

[1] Front yard: 30 feet.

[2] Side yard each: 10 feet.

[3] Rear yard: 30 feet.

(e) Maximum impervious lot coverage 15%.

(2) For development:

(a) Minimum lot size: 10 acres.

(b) Maximum density: one unit per 10 acres provided a minimum lot size of five acres is provided.

(3) All other permitted uses.

(a) Minimum lot size: one acre.

(b) Minimum lot frontage: 100 feet.

(c) Minimum lot width: 250 feet.

(d) Setbacks.

[1] Front yard: 50 feet.

[2] Side yard each: 25 feet.

[3] Rear yard: 50 feet.

(e) Maximum impervious lot coverage: 3%.

(4) Limited-scale commercial and office development.

[Added 2-14-2013 by Ord. No. 2013-3]

(a) Minimum lot size: pursuant to conditional use standards.

(b) Minimum lot frontage: 500 feet.

(c) Minimum lot width: 500 feet.

(d) Setbacks.

[1] Front yard: 40 feet.

[2] Side yard, each: 25 feet.

[3] Rear yard: 50 feet.

(e) Maximum impervious lot coverage: pursuant to conditional use standards.

F. Cluster developments. Cluster developments shall be permitted for the construction of single-family homes under the following conditions:

[Amended by Ord. No. 2000-11]

(1) The balance of the tract not divided into lots may be dedicated by the developer as public open space subject to approval by the Township's Land Use Board and acceptance by the Township Committee. The ownership of common open space not accepted by the municipality as public open space, shall be otherwise conveyed by the developer to a homeowner's association as provided for under Articles III, IV, V, VI, VII and IX of this chapter.

(2) The minimum lot width in cluster developments shall be 100 feet. The minimum front year shall be 30 feet. The minimum side yard shall be 10 feet. The minimum rear yard shall be 25 feet and the maximum lot coverage shall be 25%.

(3) Common open space, to the extent possible, shall adjoin all lots in the cluster development, shall be contiguous and shall preserve the waterways, woodlands, and wetlands of the tract. Such common open spaces may, however, be utilized for recreational facilities which serve the development, subject to approval by the Land Use Board.

§ 410-23 PA Preservation Area District.

A. General intent. This district conforms to the Pinelands preservation area and is designed to conform to and implement land use policies and guidelines established in the Pinelands Comprehensive Management Plan for the preservation of natural resources and amenities. Only limited development is allowed as permitted or conditional uses.

B. Permitted uses. The following uses shall be permitted in the PA district:

[Amended by Ord. No. 1997-10]

(1) Detached single-family dwellings for residential purposes on minimum 3.2 acre lots in accordance with § 410-35S;

(2) Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture;

(3) Forestry activities, subject to the provisions of § 410-84;

(4) Public preserves;

(5) Pinelands development credits;

(6) Beekeeping;

(7) Fish and wildlife management and wetlands management;

[Amended 11-10-2011 by Ord. No. 2011-21]

(8) Detached single-family dwellings on one-acre lots in accordance with § 410-35T.

C. Conditional uses. The following uses shall be permitted in the PA Zone subject to issuance of a conditional use permit under Article XV of this chapter:

[Amended by Ord. No. 1997-10]

(1) Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation area district only in accordance with N.J.A.C. 7:50-6:84(a)2;

(2) Home occupations, as defined;

(3) Home professional offices, as defined;

(4) Low-intensity recreational uses, including but not limited to camping, provided that:

(a) The parcel proposed for low-intensity recreational use has an area of at least 50 acres;

(b) The recreational use does not involve the use of motorized vehicles except for necessary transportation;

(c) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;

(d) The parcel will contain not more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre;

(e) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel;

(f) No more than 1% of the parcel will be covered by impervious surfaces.

[Amended 11-10-2011 by Ord. No. 2011-21]

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter, unless otherwise specified in this section:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds and the like.

(2) Private residential swimming pools and tennis courts.

(3) Required off-street parking and loading space.

(4) Temporary on-site construction trailers.

(5) Signs, as follows; unless provisions of Articles III, IV, V, VI, VII and IX of this chapter or provisions of Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean are more restrictive, in which case, the most restrictive provisions shall apply:

(a) Official public safety and information signs displaying road names, numbers and safety directions.

(b) On-site signs advertising the sale or rental of the premises, provided that:

[1] The area on one side of any such sign shall not exceed 12 square feet;

[2] No more than one sign is located on any parcel of land held in common ownership.

(c) On-site identification signs for schools, churches, hospitals, or similar public service institutions, provided that:

[1] The size of any such sign shall not exceed 12 square feet;

[2] No more than one sign is placed on any single property.

(d) Trespassing signs or signs indicating the private nature of a road, driveway, a premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.

(e) On-site professional, home occupation, or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:

[1] The size of any such sign shall not exceed 12 square feet;

[2] No more than one sign is permitted for any individual parcel of land.

(f) On-site business or advertising signs, provided that:

[1] No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment;

[2] The total area of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.

(g) Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.

(h) Temporary on and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.

E. Lot and building requirements. The following regulations shall apply in the PA district:

(1) Minimum lot size.

(a) For lots with detached single-family dwellings which meet the requirements of this chapter: 3.2 acres.

(b) For other uses: five acres, unless otherwise specified in this section or as necessary to meet the standards of the Pinelands comprehensive management plan, as incorporated in this chapter.

(c) Notwithstanding the minimum lot areas set forth above and in Schedule B,[1] no such minimum lot area for a nonresidential use within the PA Zone shall be less than that needed to meet the water quality standards of § 410-83, whether or not the lot may be served by a centralized sewer treatment or collection system.

[1] Editor's Note: See § 410-176.

(2) Minimum lot width: 200 feet.

(3) Minimum yard requirements.

(a) Front yards: 200 feet, except that if compliance with this minimum is constrained by physical or environmental considerations, involves a farm operation, or development within 1,000 feet has front yards less than 200 feet, a setback of not less than 75 feet may be permitted.

(b) Side yard: 50 feet for principal buildings; 10 feet for accessory buildings.

(c) Rear yard: 75 feet for principal buildings; 10 feet for accessory buildings.

(4) Maximum lot coverage: 10%.

F. Allocation of Pinelands development credits.

[Amended by Ord. No. 1997-10]

(1) Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection F(2) of this section, each parcel of land in the preservation area district shall have a use right known as "Pinelands Development Credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

(2) Pinelands development credits are established in the preservation area district at the following ratios:

(a) Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;

(b) Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;

(c) Other uplands: one Pinelands development credit per 30 acres; and

(d) Wetlands: two-tenths Pinelands development credits per 39 acres.

(3) The allocations established in Subsection F(2) of this section shall be reduced as follows:

(a) Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.

(b) The Pinelands development credit entitlement of a parcel of land shall be reduced by one-quarter Pinelands development credit for each existing dwelling unit on the property.

(c) The Pinelands development credit entitlement for a parcel of land shall be reduced by one-quarter Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection F(7) of this section or when a variance for cultural housing is approved by the Township pursuant to § 410-35T.

(d) The Pinelands development credit entitlement for a parcel of land shall also be reduced by one-quarter Pinelands development credits for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of street compliance is granted by the Pinelands Commission.

(4) The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection F(2) of this section.

(5) Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or before February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acres of land from the Preservation area district, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection F(2) of this section which lands, when combined with the acreage of the parcel owned prior to February 7, 1997, total at least 0.10 of an acre.

(6) No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection F(9)(a) of this section by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

(7) Notwithstanding the provision of Subsection F(6) of this section, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by one-quarter Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

(8) No conveyance, sale, or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

(9) Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:

(a) In the Preservation Area District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; and low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel and no more than 1% of the parcel will be covered with impervious surfaces.

[Added 11-10-2010 by Ord. No. 2010-12]

(10) No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his/her ownership of the requisite Pinelands development credits; provided, however, that the Township may grant preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to § 410-101A and to the New Jersey Pinelands development credit bank in accordance with N.J.A.C. 3:42.3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42.3.6.

(11) Pinelands development credits shall be used in the following manner:

(a) To permit development of parcels of land in the R-2 District according to the density and lot area requirement set forth in § 410-13;

(b) When a variance of density or minimum lot area requirements for the R-2 District is granted by the Township, Pinelands development credits shall be used for all dwelling units of lots in excess of that otherwise permitted without the variance;

(c) When a variance for a nonresidential use not otherwise permitted in R-2 District is granted by the Township, Pinelands development credit shall be used at the maximum rate permitted in the zone in which the use will be located;

(d) When a variance for cultural housing is granted by the Township in accordance with § 410-35T;

(e) Where a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.;

(f) When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV District is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without variance.

§ 410-24 FO Forest Area District.

A. General intent. This district generally corresponds to the forest area as defined in the Pinelands comprehensive management plan and is designed to conform to and implement said plan. Very low density residential development is allowed, along with certain industrial and commercial activities related to the resources of the area. Protection and conservation of the natural resources of the forest area is the principal objective of the FO District. To further this objective, a development transfer program is established in the FO District with the designation of the FOR (forest receiving zone). Cluster development is required in accordance with Subsection F whenever two or more units are proposed as part of a residential development in the FO District.

[Amended 11-10-2011 by Ord. No. 2011-21]

B. Permitted uses. The following uses shall be permitted in the FO District:

[Amended by Ord. No. 1997-10; Ord. No. 2002-28]

(1) Detached single-family dwellings on 3.2 acre lots, in accordance with § 410-35S.

(2) Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the forest area district only in accordance with N.J.A.C. 7:50-6.84(a)2.

(3) Detached single-family dwellings, provided that clustering of the permitted dwellings shall be required in accordance with Subsection F whenever two or more units are proposed as part of a residential development.

[Amended 11-10-2011 by Ord. No. 2011-21]

(4) Agricultural uses, as defined, including commercial farms, provided that no buildings housing livestock, outdoor pens for livestock, and storage of manure and farm chemicals shall be located closer than 100 feet from any adjoining lot line.

(5) Forestry activities, subject to the provisions of § 410-84.

(6) Public preserves.

(7) Detached single-family homes on one-acre lots in accordance with § 410-35T.

C. Conditional uses. The following uses shall be permitted in the FO Zone subject to issuance of a conditional use permit under Article XV of this chapter.

[Amended by Ord. No. 1997-10; 11-10-2011 by Ord. No. 2011-21; 4-14-2016 by Ord. No. 2016-3]

(1) Major utility installations, as defined, and as necessary to serve the needs of the Pinelands.

(2) Home occupations, as defined.

(3) Home professional offices, as defined.

(4) The continuation of existing resource extraction operations, in accordance with the standards of N.J.A.C. 7:50-6, Part VI, and § 410-85 of this chapter.

(5) Pinelands resource-related industrial and manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:

(a) The parcel proposed for development has an area of at least five acres;

(b) The principal raw material for the proposed use is found or produced in the Pinelands; and

(c) The use does not require or will not generate subsidiary of satellite development in an FO District.

(6) Agricultural commercial establishments, landscape nurseries and garden centers, provided that:

(a) The principal goods or products available for sale were produced in the Pinelands; and

(b) The sales area of the establishment does not exceed 5,000 square feet.

(7) Institutional uses, as defined and as limited under Schedule A,[1] provided that the applicant can demonstrate a need for the use in the proposed location, that the use is primarily designed to serve the needs of the district in which the use is proposed and that there are no feasible alternatives.

[1] Editor's Note: See Article XXIV of this chapter.

(8) Low-intensity recreational uses, including but not limited to camping, provided that:

(a) The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

(b) The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(c) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(d) The parcel will contain not more than six campsites per gross acre, provided that the campsites shall not be clustered at a net density exceeding 10 campsites per acre.

(e) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(f) No more than 1% of the parcel will be covered with impervious surfaces.

(9) Expansion of intensive recreational uses, provided that:

(a) The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

(b) The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

(c) The use is environmentally and aesthetically compatible with the character of the Pinelands forest area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

(10) Recreational vehicle campgrounds, provided that:

(a) Gross density shall not exceed one campsite per acre.

(b) Net density shall not exceed 10 campsites per acre.

(c) Minimum site of the lot or parcel is 25 acres.

(11) (Reserved)

(12) (Reserved)

(13) Density transfer program.

(a) Detached single-family dwellings will be permitted on lots of 2.5 acres or more in the forest receiving zone area (FOR) as shown on the Zoning Map, and consisting of:

[1] Block 6, those portions of Lots 4.03, 5, 6, 7, 18.04 and 18.07 located within 1,000 feet of Route 532.

[2] Block 7, Lots 2 through 5.

[3] Block 19, all lots.

[4] Block 20, all.

[5] Block 21, all.

(b) The applicant for development must own the lot being developed and provide proof of ownership of sufficient vacant contiguous or noncontiguous land which, when combined with the lot to be developed, will be at least 20 acres.

(c) The noncontiguous land must be located within the FO Zone (west of the Garden State Parkway) in Ocean Township.

(d) All noncontiguous lands acquired pursuant to Subsection C(13)(b) and (c) above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

(e) The applicant must provide verification that an appropriate septic system can be permitted on the property proposed for the single-family dwelling.

(f) Tax assessments for all the property, contiguous and noncontiguous, are combined and assigned to the land to be developed.

(g) The lot proposed for development shall also meet the minimum standards of Article XI of this chapter.

(14) Single-family detached dwellings which are not clustered in accordance with Subsection F, provided that:

(a) The Planning Board finds that:

[1] Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

[2] Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

(b) Minimum lot size requirement: 20 acres.

D. Accessory structures, signs, and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like.

(2) Private residential swimming pools and tennis courts.

(3) Required off-street parking and loading space.

(4) Temporary on-site construction trailers.

(5) On-site signs, as defined.

(6) Agricultural commercial establishments for the sale of farm products grown or raised on the premises by the owner or operator of the farm, provided that there shall be a limit of one establishment per farm, which shall have a minimum setback of 60 feet.

E. Lot and building requirements. The following regulations shall apply in the FO District:

(1) Minimum lot size.

(a) For lots with detached single-family dwellings, which meet the requirements of Subsection A of this section: 3.2 acres.

(b) For lots with other detached single-family dwellings: 20 acres, provided that lots shall be reduced to 1.0 acre under the cluster development standards of Subsection F.

[Added 11-10-2010 by Ord. No. 2010-12]

(c) For all other uses: five acres, unless otherwise specified in this chapter, or as necessary to meet the standards of the Pinelands comprehensive management plan, as incorporated in this chapter.

(d) Notwithstanding the minimum lot areas set forth above and in Schedule B,[2] no such minimum lot area for a nonresidential use within the FO Zone shall be less than that needed to meet the water quality standards of § 410-83, whether or not the lot may be served by a centralized sewer treatment or collection system.

[2] Editor's Note: See § 410-176.

(2) Minimum lot width: 200 feet.

(3) Minimum yard requirements.

(a) Front yards: 200 feet, unless otherwise specified, except that if compliance with this minimum is constrained by physical or environmental considerations, involves a farm operation, or development within 1,000 feet, has front yards less than 200 feet, a setback of not less than 75 feet may be permitted.

(b) Side yard: 50 feet for principal buildings; 10 feet for accessory buildings.

(c) Rear yard: 75 feet for principal buildings; 10 feet for accessory buildings.

(d) For lots with detached single-family dwelling which meet the requirements of Subsection C of this section: 2.5 acres.

(e) For lots with detached single-family dwellings which meet the requirements of Subsection E of this section: 1.0 acre.

(4) Maximum lot coverage: 10%.

F. Cluster developments. In the FO District, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

[Amended by Ord. No. 1997-10; 11-10-2011 by Ord. No. 2011-21]

(1) Permitted density: one unit per 20 acres.

(2) The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection F(1) above, with a bonus applied as follows:

(a) For parcels under 50 acres in size: zero bonus units.

(b) For parcels between 50 and 99.99 acres in size: 20% bonus.

(c) For parcels between 100 and 149.99 acres: 25% bonus.

(d) For parcels of 150 acres or more in size: 30% bonus.

(3) The residential cluster shall be located on the parcel such that the development area:

(a) Is located proximate to existing roads;

(b) Is located proximate to existing developed sites on adjacent or nearby parcels;

(c) Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d) Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(4) Development within the residential cluster shall be designed as follows:

(a) Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b) The minimum lot and building requirements specified in Schedule B for the R-1 District shall apply;[3]

[3] Editor's Note: Schedule B is included at the end of this chapter.

(c) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 410-83B(4) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of N.J.A.C. 7:50-6.84(a)5 or N.J.A.C. 7:50-10.21 through 10.23 shall also be permitted;

(d) The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e) Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than one-half acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(5) The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Ocean Township or incorporated as part of one of the lots within the cluster development area.

(a) All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor Ocean Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b) The deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter.

§ 410-25 (Reserved) [1]

[1] Editor's Note: Original § 18-30, FOC Forest Conservation District, was repealed 5-12-2011 by Ord. No. 2011-8.

§ 410-26 (Reserved) [1]

[1] Editor's Note: Original § 18-32, RU and RU-2 Rural Development Districts, as amended by Ord. No. 1997-10 and 2003-33, was repealed 5-12-2011 by Ord. No. 2011-8.

§ 410-27 PV Pinelands Village District.

A. General intent. This district is established under provisions of the Pinelands comprehensive management plan and is intended to provide for greater densities of residential development in certain areas of the rural Pinelands which have the character of small villages or settlements. In Ocean Township, Brookville has been designated in the Pinelands comprehensive management plan as a Pinelands Village.

B. Permitted uses. The following uses shall be permitted in the PV District:

(1) Detached single-family dwellings.

(2) Agricultural uses, as defined including commercial farms, provided that no buildings housing livestock, outdoor pens for livestock, and storage of manure and farm chemicals shall be located closer than 100 feet from any adjoining lot line.

(3) Public parks and preserves.

C. Conditional uses. The following uses shall be permitted in the PV District subject to approval by the Planning Board subject to the provisions of Article XV of this chapter:

[Amended 4-14-2016 by Ord. No. 2016-3]

(1) Major utility installations, as defined;

(2) Home occupations, as defined;

(3) Home professional offices, as defined;

(4) Institutional uses, as defined;

(5) Recreational vehicle campgrounds, provided that:

(a) Gross density shall not exceed six campsites per acre.

(b) Net density shall not exceed 10 campsites per acre.

(c) Minimum size of the lot or parcel is 25 acres.

(6) Other recreational uses.

D. Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:

(1) Structures accessory to residential and agricultural uses, including detached private garages, barns, sheds, and the like.

(2) Private residential swimming pools and tennis courts.

(3) Required off-street parking and loading space.

(4) Temporary on-site construction trailers.

(5) On-site signs, as defined.

(6) Agricultural commercial establishments for the sale of farm products grown or raised on the premises by the owner or operator of a farm, provided that there shall be a limit of one establishment per farm, which shall have a minimum setback of 60 feet.

E. Lot and building requirements. The following requirements shall apply in the PV District:

[Amended by Ord. No. 1997-10]

(1) Minimum lot size for residential uses is 3.2 acres, provided that the water quality standards in § 410-83 are met.

(2) Minimum lot width: 150 feet.

(3) Minimum yard requirements.

(a) Front yards: 50 feet.

(b) Side yards: 20 feet.

(c) Rear yards: 50 feet.

(4) Maximum lot coverage: 15%.

(5) Any municipal variance approval which grants relief from the density or lot area requirements set forth above for a residential or principal nonresidential use in the PV District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

§ 410-28 (Reserved) [1]

[1] Editor's Note: Original § 18-36, RUI Resource Industrial District, as amended by Ord. No. 1997-10, was repealed 5-12-2011 by Ord. No. 2011-8.

§ 410-29 (Reserved) [1]

[1] Editor's Note: Original § 18-38, RUC Development Conservation District, was repealed 5-12-2011 by Ord. No. 2011-8.

§ 410-30 (Reserved) [1]

[1] Editor's Note: Original § 18-39, RU-RS Rural Receiving and Sending District, as added by Ord. No 2004-5, was repealed 5-12-2011 by Ord. No. 2011-8.

§ 410-31 Planned residential developments.

A. Purpose and intent. It shall be the purpose of this chapter to permit in the R-2 District, development of planned residential retirement communities. With respect to such developments, at least 80% of the dwellings shall be occupied by at least one member who is at least 55 years or older. Up to 20% of said units may be occupied by persons of age 45 years or older. These planned communities shall contain not less than 100 contiguous acres under one ownership or control in those areas accessible to sanitary sewers or having sewerage disposal facilities approved by the Ocean Township Municipal Utilities Authority, a public water supply approved by the Ocean Township Municipal Utilities Authority, an adequate road system, and off-site drainage facilities. Within such community, the location of all residential, commercial, governmental uses, parks, playgrounds, recreation areas, parking areas, and other open spaces shall be controlled in such manner as to permit a variety of housing accommodations and land uses in orderly relationship to one another. The following objectives must be achieved:

[Amended by Ord. No. 2000-4]

(1) To encourage the creation of a desirable aesthetic character in this specific area;

(2) To maximize the choice in the types of residential accommodations available;

(3) To provide for the enhancement and preservation of property with unique features, such as historical significance, unusual topography or landscaping features.

B. Permitted and accessory uses.

[Amended by Ord. No. 1999-11; Ord. No. 1999-27]

(1) Permitted uses.

(a) Detached single-family dwellings.

(b) Townhouse dwellings, as defined.

(c) Recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, swimming pool, shuffleboard courts and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that the applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the community.

(2) Accessory uses. Necessary accessory buildings and uses shall be permitted, including facilities for maintenance and administration, off-street parking areas, and the like.

C. Standards and requirements.

[Amended by Ord. No. 1999-11; Ord. No. 1999-27]

(1) Minimum area. The minimum area for a planned residential development (PRD) shall be 100 contiguous acres under one ownership or control, provided that an area less than 100 acres may be added to an existing PRD if contiguous thereto and if in compliance with the provisions of this chapter.

(2) Gross residential density. There shall be no more than four dwelling units per acre. Same shall be calculated by dividing the proposed number of dwelling units by the number of acres in the development, excluding land under permanent bodies or flowing streams of water preexisting development of the tract and half of all land within a floodplain area, as defined in this chapter or any other ordinance of the Township.

(3) Height of buildings. The height of any building shall not exceed 35 feet and shall be limited to 2 1/2 stories; provided, however, that water towers and attendant facilities and similar structures shall have no height limit, but shall be reviewed on an individual basis.

(4) Green area or open space. No less than 20% of the entire acreage of the PRD tract shall be used for a green area or open space. "Green area" or "open space," for the purpose of this chapter, is defined as those areas of the tract not committed to use for residential buildings and public or private rights-of-way. There may be included in the green area those areas used for recreational purposes.

(5) Minimum lot size or allocation.

(a) Minimum lot size for single-family detached dwellings in the PRD shall be 6,000 square feet with a width of not less than 55 feet.

(b) Attached dwellings or townhouses shall have a minimum lot size of 1,500 square feet for each unit. The minimum width of such townhouse units shall be 20 feet at the building setback line.

(6) Building coverage. Not more than 20% of the gross area of the PRD shall be covered by buildings.

(7) Townhouses. Not more than eight units shall be connected and there shall be at least 25 feet between townhouse buildings, excluding streets, and between townhouse buildings and other principal uses.

(8) Buffers.

(a) There shall be a minimum buffer of 50 feet along the perimeter of the project consisting of natural vegetation. Provided, however, that additional plantings or fencing shall be employed where necessary to provide a more dense screening from abutting occupied properties.

(b) No building or structure, other than entrance gate houses, walls, fences or carports shall be located within 40 feet of any exterior boundary line of the tract.

(9) Water and sewerage facilities. No individual wells or individual sewerage disposal systems shall be permitted and each building shall be serviced with water and sewerage utilities by a central water supply and disposal system which is to be approved by the Ocean Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to insure that such necessary facilities shall be installed. The Ocean Township Municipal Utilities Authority, in its discretion, may require the developer to convey at no cost to the Township, sewerage or water collection and distribution systems and appurtenances thereto, including wells and pumping stations, as a condition of approval of its water and sewerage systems. All on-site and off-site drainage shall be provided for in accordance with Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean.

(10) Setbacks.

(a) Single-family dwellings. Front yards, side yards and rear yards of single-family dwelling buildings shall comply with the following minimum dimensions:

[1] Front yard setbacks shall be at least 10 feet. On a corner lot, all residential buildings shall be at least 15 feet from any street upon which the lot does not front.

[2] A side yard shall be a minimum of five feet. In no event shall buildings be less than 15 feet apart.

[3] Rear yard setbacks shall be at least 15 feet apart.

(b) Townhouses. Attached dwelling units or townhouse structures shall have the following front yard, side yard and rear yard setbacks:

[1] Front yard setbacks shall be at least 20 feet.

[2] Side yard setbacks shall be at least 20 feet.

[3] Rear yard setbacks shall be at least 20 feet.

(11) Minimum floor space per dwelling unit. Efficiency unit: 700 square feet; one-bedroom unit: 800 square feet; two-bedroom unit: 900 square feet.

(12) Off-street parking.

(a) A minimum of 1.5 spaces per unit shall be provided for each residential unit, including private driveways.

(b) For all other uses, parking requirements shall be in accordance with provisions and standards in Articles III, IV, V, VI, VII and IX of this chapter.

(13) Streets.

(a) Streets may be either dedicated to the public use or private in nature, at the option of the Township Committee. In any event, same shall be constructed in accordance with the provisions of this chapter.

(b) With the exception of those roads which are required to be dedicated for public use by either the Planning Board, Township Committee or the County of Ocean, all roads are to remain private roadways and are to be the property and responsibility of a homewners' association or analogous body for the care and maintenance of roadways, green areas and recreational facilities. Provisions shall be made for the permanent maintenance of private roadways located within a PRD so that such roadways shall not become the obligation of the Township.

(c) Street dedicated for public use shall have a minimum thirty-foot paved width within a minimum fifty-foot right-of-way. Private roadways shall have a minimum right-of-way and paved width of 28 feet.

(d) Streets and culs-de-sac shall be constructed in accordance with standards set forth in Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean. Provided, however, that private roadways shall have a minimum base paved course with a depth of three inches and a minimum top paved course with a depth of 1.5 inches.

(14) Paths and sidewalks. Sidewalks shall be provided along one side of each street within the project, together with walking trails to provide for pedestrian movement between residences and community facilities.

(15) Maintenance of association-owned properties. The maintenance of the green areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The applicant shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the nonprofit association shall cease to function through lack of participation of its members, or be dissolved, the Township shall have the right by special assessment to assess the lot owners in the development or tract, annually, a sum of money which would be sufficient to pay the taxes on said park, recreational and other areas and for the proper upkeep, maintenance and preservation of same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township, by resolution duly adopted at a regular meeting of the Township Committee and except upon proper notice being given by the applicant or any other party in interest to all owners of lots in the PRD tract.

(16) Recreational areas.

(a) There shall be in each PRD at least one clubhouse or community building. There shall be at least six square feet of clubhouse space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the 300th dwelling unit has been completed and a certificate of occupancy issued therefor, with a performance guarantee to be posted by the developer when the 100th dwelling unit has been completed a certificate of occupancy issued therefor, in an amount equal to the estimated cost of completion of the clubhouse at that time ("clubhouse bond"). Off-street parking to service the clubhouse facility shall be provided at the ratio of one parking space per 100 square feet of clubhouse building space. In the event that the clubhouse is not completed within five years from the date of issuance of the building permit thereof, the Township shall be empowered to exercise all rights under the clubhouse bond.

(b) Each PRD shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include, but shall not be limited to, such facilities as shuffleboard lanes, barbecue grills, picnic benches and indoor recreation facilities. Swimming pools not less than 2,500 square feet in size shall be required by the Planning Board in its discretion, as will be beneficial to the residents of the community. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall be provided with adequate walkways. Underground irrigation shall be installed in such area.

(c) Where a PRD is a conventional fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or analogous body.

(17) Bedroom limitation. No dwelling unit within a planned residential development shall contain more than three bedrooms. In addition, any loft area with bathroom facilities shall be considered a bedroom and will count as one of the three bedrooms permitted.

[Added 8-9-2012 by Ord. No. 2012-17]

(18) Generators. Operation of generators on residential properties shall be permissible, subject to the following provision:

[Added 3-15-2022 by Ord. No. 2022-1]

(a) Definitions. For the purposes of this subsection, the terms herein are defined as follows:

EMERGENCY

The loss of primary power due to power outage due to a natural or man-made event beyond the control of the property owner or occupant. For the purposes of this subsection, a residential household's failure to pay a gas or electric bill and/or the loss of gas or electrical service shall not constitute an emergency.

GENERATOR

Reciprocating internal combustion engine or solar device used to supply backup electric power when local utility is unavailable. This definition includes all associated equipment.

(b) Permit required; location for outside equipment.

[1] No generator shall hereafter be permanently installed or permanently connected to service any existing residential dwelling, unless such generator meets the requirements of this subsection and a permit to do so is first obtained from the Construction/Zoning Official.

[2] All permanently installed generators shall be located in the side yard of the lot.

[3] All screening or fencing shall be placed in accordance with the generator manufacturer's recommendations, the requirements of the National Fire Protection Association and the zoning requirements of the Township of Ocean. All screening or fencing shall be maintained as originally approved. If the screening or fencing is not so maintained, any permit granted is subject to immediate revocation by the Construction/Zoning Official.

(c) Conditions for temporary placement. Except for generators serving a public purpose and owned and operated by the Township, generators temporarily used on a residential property shall be allowed only as follows:

[1] Only one generator with an output of not more than 24kW is allowed.

[2] The generator shall be positioned adjacent to the central air conditioning unit and shall extend no farther from the structure than the central air conditioning unit. If a property lacks a central air conditioning unit, the generator must meet the side yard setback requirement of five feet.

[3] The generator shall be installed and operated in accordance with the recommendation of the manufacturer and in accordance with New Jersey Department of Community Affairs regulations.

[4] The generator shall be used only during periods of emergency for the duration that the local utility is unavailable; for periodic testing and necessary maintenance operations; or for operation of equipment attendant to the construction or renovation of a residential dwelling.

[5] The generator shall be exempt from the provisions of Chapter 245, Noise, of the Township Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.

(d) Conditions for permanent placement. Except for generators serving a public purpose and owned and operated by the Township, generators permanently installed shall be allowed only as follows:

[1] Only one generator with an output of not more than 24kW is allowed.

[2] The generator shall be positioned adjacent to the central air conditioning unit and shall extend no farther from the structure than the central air conditioning unit. If a property lacks a central air conditioning unit, the generator must meet the side yard setback requirement of five feet.

[3] The generator shall be installed in accordance with the most current editions most currently adopted UCC/DCA codes.

[4] The footprint of the generator, including the pad, will not be counted as impervious coverage.

[5] The footprint, including the pad and cover, shall not exceed 15 square feet and a height of four feet.

[6] The generator shall be used only during periods of emergency for the duration that the local utility is unavailable, or for periodic testing and necessary maintenance operations.

[7] The generator shall be exempt from the provisions of Chapter 245, Noise, of the Township Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.

[8] The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.

[9] The generator shall be operated for routine testing and maintenance purposes not more than one time any seven-day period, and no test shall exceed 30 minutes. Testing of emergency generators is permitted between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.

[10] Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.

(e) Application for permit. The application for the installation of a permanently installed generator in accordance herewith, on forms supplied by the Construction/Zoning Official, shall be accompanied by a drawing or survey prepared by a licensed land surveyor of the State of New Jersey, showing the property lines of the lot, the location of the building or structure, the front, side and rear yard dimensions and the proposed location, drawn to scale, of the generator.

(f) Zoning application fee. Every application for installation/use of a permanently installed generator to serve a residential dwelling, building, or other structure shall be accompanied by a zoning fee in the amount of $50. The applicant must also provide any construction fees that may be required.

(g) Inspections required. No permanently installed generator shall be placed in operation, or routinely tested on a residential property, unless and until inspected and approved by the Construction/Zoning Official.

(h) Enforcement. The enforcement of the provisions of this subsection shall be within the jurisdiction of the Construction/Zoning Official or their designee in the Township of Ocean Police Department.

(i) Violations and penalties. Any person, firm, corporation or other entity who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment up to 90 days, and each day that such violation shall continue shall be deemed a separate offense.

(j) Relief from standards imposed. The Zoning Board of Adjustment shall have jurisdiction to grant variances from any land use regulation set forth in this subsection in accordance with the provisions of the Municipal Land Use Law and the Code of the Township of Ocean.

(k) Superseded provisions. To the extent the provisions of this subsection are inconsistent with other provisions of the Township Code, including but not limited to § 410-38, the provisions of this subsection shall supersede such provisions.

D. Procedural requirements.

(1) Site plan approval required. An application for a planned residential development shall meet all requirements for major site plan approval as set forth under Article XVI of this chapter.

(2) Additional requirements.

(a) At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted:

[1] Covenants and restrictions for the community or any other plan for or restriction upon the community property;

[2] Proposed master deed or deeds;

[3] Bylaws of the proposed homeowners' association;

[4] Proposed agreement of sale;

[5] Proposed form of deed.

(b) Said documents shall be forwarded to the Planning Board and shall be subject to the review of said Board and of the Township Committee as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this chapter. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.

(c) In addition to the foregoing, it shall be mandatory for any application to provide the board and the Township Committee with copies of all submission to be made to any state agency, pursuant to the Retirement Community Full Disclosure Act,[1] as applicable to the particular PRD, at all stages of development.

[1] Editor's Note: See N.J.S.A. 45:22A-1 et seq.

(3) Fees. Upon application to the Planning Board for site plan approval, the developer shall pay the following nonrefundable application fee to the Township by cash, certified check, or money order, such fee to cover costs incurred by the Township for professional services and expenses involved in reviewing an application for a PRD:

(a) For developments up to 200 dwelling units: $50 per unit, with a minimum of $5,000.

(b) For developments over 200 dwelling units: a minimum of $10,000 plus $25 per unit over 200 units.

§ 410-32 Planned retirement communities.

[Amended by Ord. No. 1997-2; Ord. No. 1997-4; Ord. No. 1999-25]

A. Intent. Recognizing that planned retirement communities are necessary and desirable to the general welfare of the Township and recognizing that the location of such accommodations within certain zones may be incompatible with the general welfare if improperly designed and regulated; such planned retirement communities shall be considered a conditional use in the zones set forth in this chapter and subject to the specific conditions set forth in this chapter for such a use.

B. Where permitted. Any other provisions of these ordinances to the contrary notwithstanding there is authorized in the Township, the establishment of planned retirement communities as a conditional use in the R-1, I-1 and I-2 Zones.

C. Definition of planned retirement community (PRC). A "planned retirement community," hereinafter referred to as PRC, is defined as one or more parcels of land having a contiguous total acres of at least 50 acres forming a land area to be used as a planned retirement community; said land shall, through its corporation, association or owners, restrict use of the property therein, bylaws, rules, regulations and restrictions of records, to use by permanent residents of the age indicated below, except as otherwise provided herein. Ownership of the residential units may be in any form recognized under the laws of the State of New Jersey.

(1) Lands shall be considered contiguous so long as said lands are not separated by existing public streets, or railroad rights-of-way presently used; provided, however, that where an applicant is able to demonstrate to the satisfaction of the approving agency that the lands so separated lend themselves to an integrated community plan, without any substantial detriment to the public health, safety or welfare, the approving agency may waive the contiguity requirement.

(2) Age of residents. The permanent residents of said planned retirement communities shall be restricted to residents who are at least 55 years of age or over; provided, however, no child 19 years of age or under may reside with the occupant. The approving agency shall have the right to deviate from the section pursuant to provisions of the Administrative Code, provided that the deviation shall be in conformance with the United States Fair Housing Act of 1988, P.L. 100-430, 42 U.S.C. § 3601 et seq.

D. Uses required and permitted.

(1) The following uses are permitted:[1]

(a) Single-family detached dwellings; and/or

(b) Attached single-family dwelling units within the same building, hereinafter referred to as a "multiple dwelling," but no more than four such units in any one building; and/or

(c) Senior citizen recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, pools, shuffleboard courts, golf course and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that an applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the area, and no advertising shall be permitted.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Following uses may be permitted, but are not required:

(a) Facilities for the following uses:

[1] Professional offices for doctors, dentists, chiropractors, opticians, accountants and attorneys;

[2] Medical clinics and first aid facilities;

[3] Offices for banks, insurance agencies, real estate agencies, financial investment counselors and brokers, and such other similar services;

[4] As a precondition to the establishment of such uses in a planned retirement community, the Planning Board must find that the location of the use will not interfere with or adversely impact residential units in the planned retirement community and that the use shall be limited to the residents of the planned retirement community.

(b) A properly screened unpaved, graveled area for the parking of accessory vehicles not normally utilized for transportation at a location and of such size approved by the approving agency. Such area shall not be used in computing green area.

(c) A properly screened area reserved for storage and care of maintenance equipment and administration of the community.

(d) Limited commercial facilities properly integrated with the PRC and as approved by the approving agency.

(3) Model homes and/or sales office in accordance with N.J.S.A. 40:55D-66 and any retail home decoration and furnishings sale facility operated by the developer of the planned retirement community solely for the use of purchasers of dwelling units therein.

(4) Accessory uses. In addition to those provided herein, necessary accessory building and uses shall be permitted including facilities for recreation, street and off-street parking facilities and utilities.

(5) Prohibited uses. All other uses shall be prohibited, including without limitation, all dwelling units not part of the site development plan submitted by the applicant.

E. Development standards. No building permits shall be issued or construction commenced within the area except in accordance with a site development plan herein prescribed. Such site development plan shall meet at least the following minimum requirements:

(1) Minimum area. The minimum area for a PRC shall be 50 contiguous acres under one ownership or control, provided that areas of any size may be added to an existing PRC contiguous thereto and in compliance with the provisions of this chapter.

(2) Density. There shall be no more than 4 1/2 units per gross acre.

(3) Residential building coverage. Not more than 30% of the gross area shall be covered by residential buildings.

(4) Green area. Not less than 50% of the gross area shall be devoted to green area, which is herewith defined as the project area not covered by residential buildings, community structures, the paved areas of streets and parking areas.

(5) Minimum lot size. Minimum lot size for single-family detached dwelling in the PRC shall be 5,000 square feet with an average width of not less then 50 feet.

(a) Attached dwellings or townhouses shall have a minimum lot size of 1,500 square feet for each unit. The minimum width of such townhouse units shall be 25 feet at the building setback line.

(6) Minimum gross floor area. The minimum gross floor area for one-bedroom units shall be 650 square feet. The minimum gross floor area for two-bedroom units shall be 800 square feet, except as provided for efficiencies, 600 square feet.

(7) Setbacks. No building or structure shall be located closer than 20 feet from a street, provided that all driveways footage on said street shall be 25 feet or more in length. Furthermore, no building or structure other than entrance gates or fences shall be located within 30 feet of any exterior boundary line of the tract.

(8) Distance between residential buildings.

(a) There shall be a minimum side yard setback of 7 1/2 feet, and a minimum rear yard setback of 20 feet.

(b) For multifamily dwellings oriented essentially at 90° to each other, the minimum distance between same shall be 20 feet or one times the maximum height of the building, whichever is greater.

(c) For multifamily dwellings oriented essentially end-to-end to each other, the minimum distance between same shall be 25 feet or 1 1/2 the maximum height of the buildings, whichever is greater.

(d) For multifamily dwellings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 40 feet or 2 1/2 times the maximum heights of buildings, whichever is greater.

(e) The minimum distance from any multifamily structure and a parking lot curbline or alley curbline shall be 10 feet except that 20 feet is required between the face of an attached garage and the curbline of an alley.

(9) Off-street parking. Average 1 1/2 spaces for each dwelling unit. A parking space is defined as a space of 10 feet by 20 feet, except that a driveway fronting on a street shall be 25 feet as measured from the curb face on the street or from the street line if the street is a public street.

(10) Utilities. The planned retirement community shall be serviced by a water system and sewerage system approved by the Ocean Township Municipal Utilities Authority. All utilities shall be underground.

(11) Artificial lighting shall be provided on the premises and installed at major intersections and at such other places as the Planning Board may require.

(12) Roads.

(a) Roads shall be constructed in accordance with the requirements of the Township's ordinances, except as follows:

[1] Minor streets, i.e., streets of not more than 600 feet in length, which shall be through streets or terminate in a cul-de-sac, and shall have a minimum paved roadway width of 24 feet.

[2] Collector streets shall have a minimum paved roadway width of 30 feet.

[3] Arterial streets shall have a minimum paved roadway of 40 feet.

[4] All streets shall be paved in accordance with New Jersey Department of Transportation specifications and shall include a minimum of 1.5 inches of FABC-1 bituminous concrete surface course, three inches of bituminous concrete surface course, three inches of bituminous stabilized base course and six inches of compacted soil aggregate.

[5] Curbs shall be constructed in accordance with Township ordinance except as follows:

[a] Minor streets shall have a curb radius of 15 feet;

[b] Collector and arterial streets shall have a curb radius of 20 feet.

(b) Provisions shall be made for the permanent maintenance of private roadways located within a planned retirement community so that such roadways shall not become the obligation of the Township. (See also special conditions.)

(c) Culs-de-sac of minor streets and minor collector streets shall have a minimum curb radius of 40 feet, and no parking shall be allowed in the cul-de-sac.

(d) There shall be no parking on any of the streets.

(13) Sidewalks shall be a minimum width of four feet and shall be installed along the streets on both sides.

(14) Buffer strip. There shall be provided a fifty-foot screening strip when the project abuts a nonresidential zone or use or state of county highway or a municipal arterial highway, said buffer strip shall not be used in computing any setbacks.

(15) All on-site and off-site drainage shall be provided for in accordance with the applicable Township ordinances pertaining to subdivision of land.

(16) Water and sewerage facilities. No individual disposal systems shall be permitted and no individual wells shall be permitted except for turf irrigation, as may be regulated by the Ocean Township Municipal Utilities Authority. Sewerage disposal and water distribution systems, including fire hydrants, shall be approved by the Ocean Township Municipal Utilities Authority, the Department of Environmental Protection and Energy and all other applicable bodies. No building permit shall be issued unless, and until, plans for such facilities have been submitted to the proper authority for approval and adequate provisions are made to ensure that all necessary facilities shall be installed. All such facilities shall be so constructed as to facilitate their connection to systems which may be provided by County of Municipal Authorities.

(17) Driveways, walks and parking areas. There shall be provided a safe and convenient system of driveways, walks and parking areas. Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling; handrails where deemed necessary and ample places for rest shall be provided and grading of walks shall not exceed 7%; the outdoor available to residents shall permit older persons to move without danger and with minimum effort.

(18) Either vertical concrete or roll concrete curb shall be provided on all streets.

(19) The maximum building height of any single-family dwelling building in a planned retirement community shall be two stories but not to exceed 35 in height.

(20) The Planning Board may grant design waivers to vary minimum distances between residential buildings consistent with sound planning concepts and where a comprehensive development plan for a planned retirement community may require.

(21) Each planned retirement community (PRC) shall provide at least one clubhouse to serve the entire PRC with a total habitable area equal to 10.5 square feet for each dwelling unit built in the PRC. In computing the "interior habitable area," all space reserved for mechanical equipment shall be excluded.

(22) Bedroom limitation. No dwelling unit within a planned retirement community shall contain more than three bedrooms. In addition, any loft area with bathroom facilities shall be considered a bedroom and will count as one of the three bedrooms permitted.

[Added 8-9-2012 by Ord. No. 2012-17]

F. Recreation areas.

(1) There shall be provided in each planned retirement community one clubhouse or community building. The initial clubhouse shall be completed and in operation before the 25th dwelling unit has been completed and a certificate of occupancy issued thereupon. Said clubhouse shall have an adjoining parking area with sufficient spaces so as to comply with all off-street parking requirements of the Township. A minimum of 50% of said parking area shall be paved and the remaining parking area, if any, shall be graded and graveled.

(2) A complex consisting of recreational facilities shall be required by the Ocean Township approving agency. All ground surrounding recreational and administrative facilities shall be attractively landscaped, with appropriate walkways. Adequate irrigation systems shall be provided.

(3) Should topographic conditions or particular soil conditions permit, the applicant may, as part of the recreation area, provide a lake for aesthetic purposes, fire protection, as well as water recharge and water retention purposes.

(4) Off-street parking shall be provided to serve the clubhouse or community building at the ratio of one parking space for each eight dwelling units developed in the planned retirement community.

G. Procedures for acquiring a planned retirement community approval.

(1) The applicant shall submit a complete application for conditional use permit. Such application for development or its accompanying exhibits shall include a map or maps showing the location and extent of the property to be included in the entire planned retirement community and indicating the project standards for a PRC found in this chapter:

(a) Schematic circulation plans setting forth the general alignment of main roadways;

(b) Proposed land use plan setting forth the general arrangement and magnitude of proposed land uses, including open space, and giving an acreage projection for each proposed land use category;

(c) Projection of the total number of dwelling units proposed together with the proposed residential density;

(d) In the case of plans calling for development of the project in sections, a delineation of each proposed section and the proposed development schedule;

(e) Other data, etc., as may be required by the approving agency to make proper decision and to assure that the development standards set forth in this chapter are met so that such use in the specified location will comply with the conditions and standards or location or operation of such use.

(2) Consideration by approving agency. The approving agency shall consider the proposed conditional use permit from the point of view of the standards and purpose of the regulations governing planning retirement communities so as to achieve a maximum coordination between the proposed development and the surrounding uses, including the preservation of natural areas and landscape features and the proposed circulation into and on the site and other feature as will contribute to the orderly and harmonious development of the area and for conformance with the health, safety and welfare of the citizens of Ocean Township.

H. Special conditions.

(1) The approving agency shall attach such conditions as permitted by law to any approval of a conditional use permit allowing a planned retirement community as it may deem necessary to insure at no cost to the Township; proper disposal of waste, garbage, trash, junk and other unhealthful accumulations; construction and maintenance of roads and grounds; snow removal; and payment for streetlighting; assurance of right of ingress and egress by police, health, fire inspecting officials and other officials of the Township. The approving agency shall require covenants to be filed by the applicant prior to the issuance of a certificate of occupancy.

(2) The covenants and restrictions and bylaws and any amendments thereto shall be filed with the Township Clerk.

I. Development. Applicant shall obtain preliminary and final subdivision or site plan approval as the case may be. Thereafter, development of all of the uses and amenities approved shall proceed at the same rate as the dwelling units. To assure compliance with this chapter, the applicant shall submit a schedule showing the number of dwelling units having received final approval and the amenities which have received final approval so as to answer the board that the development standards are maintained through each stage of development.

J. Dedication of land for public use. Ocean Township may at any time, and from time to time, accept the dedication of land for public use and maintenance, or any interest therein, required to be set aside, designated and reserved for the use and enjoyment of owners and occupants of land adjoining or neighboring such land as condition of approval of a planned retirement community, but such dedication shall not be required by the approving agency.

(1) The applicant shall also submit an environmental (assessment) impact statement of the possible impact of the project on the site.

(2) Public hearing. Within the time provided by law and subsequent to the applicant giving proper notice pursuant to the provisions of N.J.S.A. 40:55D-11 and N.J.S.A. 40:55D-12, a public hearing on such application shall be heard by the approving agency.

(3) The final approved conditional use permit shall assure the applicant that the tract of land forming the subject matter of the application may be developed as a planned retirement community within the general framework of the document submitted and the condition imposed.

(4) Validity. A conditional use permit approved in accordance with these regulations shall expire as of the time limit set forth in an approving resolution, as specified in Subsection J(5) of this section. Should the resolution fail to set such time limit, the conditional use permit shall remain valid for a period of one year following final approval by the Township approving agency. If at the end of that time, no application for preliminary site plan or subdivision for the project has been filed, then the conditional use permit plan shall be considered as having lapsed and shall be of no effect unless resubmitted for approval as a planned retirement community as hereinabove provided. Extensions may be granted in the discretion of the approving agency.

(5) The granting of a conditional use permit shall allow the applicant to provide for an application of a preliminary site plan or preliminary subdivision approval. Nothing in this section shall preclude an applicant from making a request for preliminary or final approval in sections less than the total project as long as the applicant submits a master storm drainage plan for the entire project with the first preliminary application for a section. Should an applicant choose to make application for preliminary or final in sections, the conditional use permit validity and the preliminary approval shall continue for one year from the date of the last approval of a preliminary or final application for a section. Nothing in this subsection shall prevent the applicant from submitting the information required for final approval in two stages. The first stage being the overall plan and the profile storm sewer design and fire hydrant layout, which plans shall be submitted to the approving agency in accordance with the above requirement. Following approval by the approving agency of these plans, the applicant then may construct such site improvement and utilities, providing that the inspection fees have been deposited with the Township, and may thereafter submit portions of the plan with actual units to be constructed, showing the driveways, units, sidewalks, finished floor grades and proposed grading of land around the buildings. Such plan shall also be submitted to the approving agency in accordance with the above requirements. No building permits will be issued until the second plan, showing the actual units to be constructed has been approved. Should the applicant choose a two-stage final application approval, it shall submit the full requisite final inspection fee. These conditions shall include but not be limited to the requirement that the covenants and restrictions provided for the foregoing services and further that these covenants and restrictions shall insure the benefit of the Township.

K. Definitions. As used in this section, the following terms shall have the meanings indicated:

GRAVELED AREA

A minimum of two inches of decorative 3/8 inch stone over four inches of dense graded aggregate (crushed concrete), bordered/edged with six-inch-by-six-inch timber landscaping ties.

§ 410-33 Wellhead protection overlay zone.

[Added by Ord. No. 2005-43]

A. General intent. The WPO Zone is an overlay zone whereby, in addition to the requirements of the underlying zoning district, the following requirements shall apply. In the event of a conflict with the requirements of the underlying zone, the provisions of the WPO Zone shall supersede.

B. Prohibited activities. The following uses and activities shall be prohibited in the WPO Zone:

(1) Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills;

(2) Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials;

(3) Any use or activity requiring the underground storage of hazardous material or waste in excess of an aggregate total of 300 gallons.

C. Permitted activities. The following activities involved or conducted as part of an otherwise permitted or accessory use in the underlying zone shall be permitted only upon the finding of the Planning Board, as part of any required site plan or subdivision approval, that best management practices, or other procedures or measures, as set forth in Subsection F of this section, are in place such that a minimal threat is posed by the activity to groundwater quality in the wellhead protection area in which the activity is to be conducted:

(1) On-site storage (above or below ground), use or disposal of hazardous materials or wastes in excess of an aggregate total of 50 gallons or 100 pounds;

(2) Individual ground disposal systems;

(3) Auto body and auto repair activities;

(4) New and used truck and auto sales activities;

(5) Contractor yards;

(6) Commercial car washes.

D. Exempted activities. The following activities or uses are exempted from the requirements of Subsections B and C of this section:

(1) Retail sales establishments that store and handle hazardous materials for resale in their original unopened containers;

(2) Police, fire and emergency medical service facilities;

(3) Municipal, county and state government facilities;

(4) The use of any hazardous material solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle;

(5) The transportation of a hazardous material through the WPO Zone, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such hazardous material.

E. Environmental impact statement (EIS) required. All activities regulated pursuant to Subsection C of this section and all major site plan and major subdivision applications shall submit an environmental impact assessment addressing the requirements of § 410-37 of this chapter and demonstrating to the satisfaction of the approving authority that the proposed use and/or activity employs, to the maximum extent practicable, best management practices, as set forth in Subsection F of this section, to protect groundwater quality in the WPO Zone and minimize the risk of potential groundwater contamination. Nothing in this subsection shall relieve an applicant from the requirements of § 410-37A, B and C of this chapter where applicable. Any waiver that may be granted by the approving authority from the requirements of § 410-37A, B and C of this chapter shall not include waiver of the requirements of § 410-37D of this chapter.

F. Groundwater quality protection best management practices. The following principles, measures and guidelines shall be utilized, to the maximum extent practicable, to minimize the impact of development and/or activities on the quality of the Township's groundwater resources and to limit the risk of contamination of the Township's potable water supply:

(1) All commercial and residential development shall minimize impervious coverage and maximize the amount of natural unoccupied open space. In WPO Zones, the amount of impervious coverage should be a minimum of 10% less than that permitted by the underlying zoning.

(2) The preservation of naturally vegetated areas and landscaped areas utilizing native plant material requiring minimal fertilization and pesticide and herbicide application are encouraged.

(3) Substantial lawn areas requiring fertilization and pesticide and herbicide application are discouraged.

(4) Storage of hazardous materials shall, except as otherwise regulated by state or federal regulation, allow access for physical inspection and monitoring and shall utilize the best available technology to provide for automatic and immediate alarm or detection of releases.

(5) Users of hazardous materials shall have a plan to detect and control hazardous material leaks and spills, including but not limited to inspections, notification procedures and emergency containment and cleanup procedure.

§ 410-33.1 Cannabis Use Overlay Zone No. 1.

[Added 5-17-2022 by Ord. No. 2022-10]

A. General intent.

(1) The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16; hereinafter "the Act")[1] legalized the recreational use of cannabis by adults aged 21 years or older and established a comprehensive regulatory and licensing scheme for commercial recreational cannabis operations, use, and possession. The Act also required municipalities to "opt in" or "opt out" of permitting cannabis-related businesses and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations.

[1] Editor's Note: The New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31 et seq.

(2) The Township of Ocean has chosen to permit cannabis-related businesses. The purpose of Cannabis Use Overlay Zone No. 1 is to provide adequate space for cannabis-related businesses within the Township; and sets forth land use requirements for said uses.

B. Permitted uses and activities. The following uses and activities shall be permitted in Cannabis Use Overlay Zone No. 1:

(1) Cannabis cultivator;

(2) Cannabis manufacturer;

(3) Cannabis wholesaler; and

(4) Cannabis distributor.

C. Prohibited uses and activities. The following uses and activities shall be prohibited in Cannabis Use Overlay Zone No. 1:

(1) Cannabis retailer;

(2) Cannabis delivery service;

(3) Medical cannabis dispensaries;

(4) All other uses not expressly permitted.

D. License required. Operators of facilities developed in accordance with the standards of Cannabis Use Overlay Zone No. 1 shall hold an appropriate Class 1 (Cannabis Cultivator), Class 2 (Cannabis Manufacturer), Class 3 (Cannabis Wholesaler) or Class 4 (Cannabis Distributor) license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.

E. Outdoor activities prohibited. Outdoor cultivation, manufacture, and storage of cannabis and related outdoor activities associated with a license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey, shall be prohibited. Cultivation, manufacture, and storage of cannabis and related activities shall be located indoors.

F. Lot and building requirements. The following regulations shall apply in Cannabis Use Overlay Zone No. 1:

(1) Minimum lot size: five acres.

(2) Minimum lot width: 200 feet.

(3) Minimum yard requirements:

(a) Front yards: 200 feet.

(b) Side yard: 50 feet for principal buildings; 10 feet for accessory buildings.

(c) Rear yard: 75 feet for principal buildings; 10 feet for accessory buildings.

(4) Maximum lot coverage: 65%, with a maximum of three acres of coverage permitted, or as otherwise permitted by CAFRA, as applicable.

(5) Other requirements:

(a) Setback from US Route 9: 750 feet.

(b) Setback from a property that is developed or zoned for a residential use: 500 feet.

(c) On split-zoned lots, no part of a cannabis-related use or activity shall be located outside of Cannabis Use Overlay Zone No. 1.

G. Lighting. A lighting plan shall be required. The following standards shall apply:

(1) Greenhouse interior lighting. Anticipated exterior spillage of greenhouse interior lighting shall be depicted on lighting plans. Where exterior spillage of greenhouse interior lighting would impact an adjacent property, measures to mitigate same shall be applied. Such measures may include:

(a) Blackout shades with side tracking or other comparable technologies, which are activated from dusk to dawn.

(b) Appropriate shields installed on the greenhouse interior lighting fixtures.

(2) All outdoor lighting shall comply with all other applicable requirements of this chapter.

H. Noise. The requirements of Chapter 245, Noise, of the Township Code shall apply.

I. Odor control. Odor control devices and techniques shall be incorporated in all cannabis-related businesses to ensure that odors from cannabis are not detectable off-site. Cannabis-related businesses shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the cannabis-related business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis-related business. As such, cannabis-related businesses must install and maintain the following equipment, or any other equipment which the Board determines is a more effective method or technology:

(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

(2) An air filtration system that creates negative air pressure between the cannabis-related business's interior and exterior, so that the odors generated inside the cannabis-related business are not detectable on the outside of the cannabis-related business.

J. Community impact statement. A community impact statement that conforms to the requirements of § 340-53 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 1.

K. Environmental impact statement. An environmental impact statement that conforms to the requirements of § 410-37 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 1.

L. Water conservation. The following standards shall apply:

(1) A water conservation plan shall be submitted for each use associated with a Class 1 (Cannabis Cultivator) or Class 2 (Cannabis Manufacturer) license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey. At a minimum, the water conservation plan shall provide an estimate of total anticipated water use and describe proposed measures for water conservation on-site. Such measures may include, but are not limited to:

(a) Rainwater capture;

(b) Evaporative barriers on exposed soils and planting containers;

(c) Timed drip irrigation;

(d) Soil moisture monitors; and

(e) Use of recycled water.

(2) All other requirements of the Township Code, including but not limited to Chapter 402, Water Conservation, shall apply.

M. Stormwater management. Stormwater management shall be in accordance with Chapter 322, Stormwater Control.

N. Buffers. Buffers shall be provided in accordance with Chapter 410, Zoning, Article V, Buffers.

O. Security. For all cannabis-related uses or activities to be located within Cannabis Use Overlay Zone No. 1, a security system shall be provided. Security systems shall meet applicable requirements of the State of New Jersey, as well as the following additional requirements:

(1) All security systems shall be professionally monitored and operated on a continuous basis (i.e., 24 hours per day, seven days per week);

(2) All security systems shall contact local law enforcement if triggered;

(3) All security systems shall preserve security recordings and documentation for at least 180 days;

(4) A minimum of two secure backups of all security recordings and documentation shall be maintained. One backup shall be saved on a local storage device located on-site. One backup shall be saved off-site.

P. Farmland soil preservation. Applicants seeking to develop a cannabis-related use or activity within Cannabis Use Overlay Zone No. 1 shall:

(1) Identify any prime agricultural soils, soils of statewide importance, and soils of local importance on the site plan;

(2) Design the site to avoid prime agricultural soils, soils of statewide importance, and soils of local importance to the maximum extent practical in the siting of impervious cover;

(3) To the extent that impervious cover cannot avoid prime agricultural soils, soils of statewide importance, and soils of local importance, the applicant shall consult with the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture and follow all recommendations provided by the NRCS for protecting such soils to the maximum extent practical; and

(4) Submit a soils management and respiration plan to restore agricultural land in the event that the proposed facility creases to operate.

Q. Parking. Off-street parking and loading shall be provided in accordance with the requirements of Article VI of this chapter.

§ 410-33.2 Cannabis Use Overlay Zone No. 2.

[Added 5-17-2022 by Ord. No. 2022-10]

A. General intent.

(1) The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16; hereinafter "the Act")[1] legalized the recreational use of cannabis by adults aged 21 years or older and established a comprehensive regulatory and licensing scheme for commercial recreational cannabis operations, use, and possession. The Act also required municipalities to "opt in" or "opt out" of permitting cannabis-related businesses and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations.

[1] Editor's Note: The New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31 et seq.

(2) The Township of Ocean has chosen to permit cannabis-related businesses. The purpose of Cannabis Use Overlay Zone No. 2 is to provide adequate space for cannabis-related businesses within the Township; and sets forth land use requirements for said uses.

B. Permitted uses and activities. The following uses and activities shall be permitted in Cannabis Use Overlay Zone No. 2:

(1) Cannabis cultivator;

(2) Cannabis manufacturer;

(3) Cannabis wholesaler; and

(4) Cannabis distributor.

C. Prohibited uses and activities. The following uses and activities shall be prohibited in Cannabis Use Overlay Zone No. 2:

(1) Cannabis retailer;

(2) Cannabis delivery service;

(3) Medical cannabis dispensaries;

(4) All other uses not expressly permitted.

D. License required. Operators of facilities developed in accordance with the standards of Cannabis Use Overlay Zone No. 2 shall hold an appropriate Class 1 (Cannabis Cultivator), Class 2 (Cannabis Manufacturer), Class 3 (Cannabis Wholesaler) or Class 4 (Cannabis Distributor) license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.

E. Outdoor activities prohibited. Outdoor cultivation, manufacture, and storage of cannabis and related outdoor activities associated with a license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey, shall be prohibited. Cultivation, manufacture, and storage of cannabis and related activities shall be located indoors.

F. Lot and building requirements. The following regulations shall apply in Cannabis Use Overlay Zone No. 2:

(1) Minimum lot size: 10 acres.

(a) Notwithstanding the minimum lot areas set forth above, no such minimum lot area for any use within Cannabis Use Overlay Zone No. 2 shall be less than that needed to meet the water quality standards of § 410-83.

(2) Minimum lot width: 200 feet.

(3) Minimum yard requirements:

(a) Front yards: 200 feet.

(b) Side yard: 50 feet for principal buildings; 10 feet for accessory buildings.

(c) Rear yard: 75 feet for principal buildings; 10 feet for accessory buildings.

(4) Maximum lot coverage: 3%, or as otherwise permitted by CAFRA, as applicable.

(5) Other requirements.

(a) Setback from a property that is developed or zoned for a residential use: 500 feet.

(b) Notwithstanding the front yard setback and the setback from a property that is developed or zoned for a residential use that are required by this section, development within Cannabis Use Overlay Zone No. 2 shall be concentrated as closely as possible to the right-of-way of Wells Mills Road (Ocean County Route No. 532) to minimize disturbance to existing forest cover and potential habitat areas.

G. Lighting. A lighting plan shall be required. The following standards shall apply:

(1) Greenhouse interior lighting. Anticipated exterior spillage of greenhouse interior lighting shall be depicted on lighting plans. Where exterior spillage of greenhouse interior lighting would impact an adjacent property, measures to mitigate same shall be applied. Such measures may include:

(a) Blackout shades with side tracking or other comparable technologies, which are activated from dusk to dawn.

(b) Appropriate shields installed on the greenhouse interior lighting fixtures.

(2) All outdoor lighting shall comply with all other applicable requirements of this chapter.

H. Noise. The requirements of Chapter 245, Noise, of the Township Code, shall apply.

I. Odor control. Odor control devices and techniques shall be incorporated in all cannabis-related businesses to ensure that odors from cannabis are not detectable off-site. Cannabis-related businesses shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the cannabis-related business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis-related business. As such, cannabis-related businesses must install and maintain the following equipment, or any other equipment which the Board determines is a more effective method or technology:

(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

(2) An air filtration system that creates negative air pressure between the cannabis-related business's interior and exterior, so that the odors generated inside the cannabis-related business are not detectable on the outside of the cannabis-related business.

J. Community impact statement. A community impact statement that conforms to the requirements of § 340-53 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 2.

K. Environmental impact statement. An environmental impact statement that conforms to the requirements of § 410-37 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 2.

L. Water conservation. The following standards shall apply:

(1) A water conservation plan shall be submitted for each use associated with a Class 1 (Cannabis Cultivator) or Class 2 (Cannabis Manufacturer) license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey. At a minimum, the water conservation plan shall provide an estimate of total anticipated water use and describe proposed measures for water conservation on-site. Such measures may include, but are not limited to:

(a) Rainwater capture;

(b) Evaporative barriers on exposed soils and planting containers;

(c) Timed drip irrigation;

(d) Soil moisture monitors; and

(e) Use of recycled water.

(2) All other requirements of the Township Code, including but not limited to Chapter 402, Water Conservation, shall apply.

M. Stormwater management. Stormwater management shall be in accordance with Chapter 322, Stormwater Control.

N. Buffers. Buffers shall be provided in accordance with Chapter 410, Zoning, Article V, Buffers.

O. Security. For all cannabis-related uses or activities to be located within Cannabis Use Overlay Zone No. 2, a security system shall be provided. Security systems shall meet applicable requirements of the State of New Jersey, as well as the following additional requirements:

(1) All security systems shall be professionally monitored and operated on a continuous basis (i.e., 24 hours per day, seven days per week);

(2) All security systems shall contact local law enforcement if triggered;

(3) All security systems shall preserve security recordings and documentation for at least 180 days;

(4) A minimum of two secure backups of all security recordings and documentation shall be maintained. One backup shall be saved on a local storage device located on-site. One backup shall be saved off-site.

P. Farmland soil preservation. Applicants seeking to develop a cannabis-related use or activity within Cannabis Use Overlay Zone No. 2 shall:

(1) Identify any prime agricultural soils, soils of statewide importance, and soils of local importance on the site plan;

(2) Design the site to avoid prime agricultural soils, soils of statewide importance, and soils of local importance to the maximum extent practical in the siting of impervious cover;

(3) To the extent that impervious cover cannot avoid prime agricultural soils, soils of statewide importance, and soils of local importance, the applicant shall consult with the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture and follow all recommendations provided by the NRCS for protecting such soils to the maximum extent practical; and

(4) Submit a soils management and respiration plan to restore agricultural land in the event that the proposed facility ceases to operate.

Q. Parking. Off-street parking and loading shall be provided in accordance with the requirements of Article VI of this chapter.

§ 410-33.3 (Reserved) [1]

[1] Editor's Note: Former § 410-33.3, Cannabis Use Overlay Zone No. 3, added 12-9-2023 by Ord. No. 2023-23, was repealed 1-16-2024 by Ord. No. 2024-1.

§ 410-33.4 Cannabis Use Overlay Zone No. 4.

[Added 3-11-2025 by Ord. No. 2025-6]

A. General intent.

(1) The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16; hereinafter "the Act") legalized the recreational use of cannabis by adults aged 21 years or older and established a comprehensive regulatory and licensing scheme for commercial recreational cannabis operations, use, and possession. The Act also required municipalities to "opt in" or "opt out" of permitting cannabis-related businesses and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations.

(2) The Township of Ocean has chosen to permit cannabis-related businesses. The purpose of Cannabis Use Overlay Zone No. 4 is to provide adequate space for cannabis-related businesses within the Township and set forth land use requirements for said uses.

B. Permitted uses and activities. The following uses and activities shall be permitted in Cannabis Use Overlay Zone No. 4:

(1) Cannabis cultivator, cannabis manufacturer, cannabis wholesaler, and cannabis distributor provided that the cultivation activities are consistent with the term "Agricultural use" as defined in this chapter;

C. Prohibited uses and activities. The following uses and activities shall be prohibited in Cannabis Use Overlay Zone No. 4:

(1) Cannabis retailer;

(2) Cannabis delivery;

(3) Cannabis medical; and

(4) All other uses not expressly permitted.

D. License required. Operators of facilities developed in accordance with the standards of Cannabis Use Overlay Zone No. 4 shall hold an appropriate Class 1 (Cannabis Cultivator) license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.

E. Outdoor activities prohibited. Outdoor cultivation and storage of cannabis and related outdoor activities associated with a license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey, shall be prohibited. Cultivation of cannabis and related activities shall be located indoors.

F. Lot and building requirements. The following regulations shall apply in Cannabis Use Overlay Zone No. 4:

(1) Minimum lot size: 5.0 acres.

(a) Notwithstanding the minimum lot areas set forth above, no such minimum lot area for any use within Cannabis Use Overlay Zone No. 4 shall be less than that needed to meet the water quality standards of § 410-83.

(2) Minimum lot width: 200 feet.

(3) Minimum yard requirements:

(a) Front yards: 200 feet.

(b) Side yard: 50 feet for principal buildings; 10 feet for accessory buildings.

(c) Rear yard: 75 feet for principal buildings; 10 feet for accessory buildings.

(4) Maximum lot coverage: 50%.

(5) Other requirements:

(a) Setback from US Route 9: 750 feet.

(b) On split-zoned lots, no part of a cannabis related use or activity shall be located outside of Cannabis Use Overlay Zone No. 4.

G. Lighting. A lighting plan shall be required. The following standards shall apply:

(1) Greenhouse interior lighting. Anticipated exterior spillage of greenhouse interior lighting shall be depicted on lighting plans. Where exterior spillage of greenhouse interior lighting would impact an adjacent property, measures to mitigate same shall be applied. Such measures may include:

(a) Blackout shades with side tracking or other comparable technologies, which are activated from dusk to dawn.

(b) Appropriate shields installed on the greenhouse interior lighting fixtures.

(2) All outdoor lighting shall comply with all other applicable requirements of this chapter.

H. Noise. The requirements of Chapter 245, Noise, of the Township Code shall apply.

I. Odor control. Odor control devices and techniques shall be incorporated in all cannabis-related businesses to ensure that odors from cannabis are not detectable off-site. Cannabis-related businesses shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the cannabis-related business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis-related business. As such, cannabis-related businesses must install and maintain the following equipment, or any other equipment which the Board determines is a more effective method or technology:

(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

(2) An air filtration system that creates negative air pressure between the cannabis-related business's interior and exterior, so that the odors generated inside the cannabis-related business are not detectable on the outside of the cannabis-related business.

J. Community impact statement. A community impact statement that conforms to the requirements of § 340-53 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 4.

K. Environmental impact statement. An environmental impact statement that conforms to the requirements of § 410-37 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 4.

L. Water conservation. The following standards shall apply:

(1) A water conservation plan shall be submitted for each use associated with a Class 1 (Cannabis Cultivator) or Class 2 (Cannabis Manufacturer) license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey. At a minimum, the water conservation plan shall provide an estimate of total anticipated water use and describe proposed measures for water conservation on-site. Such measures may include, but are not limited to:

(a) Rainwater capture;

(b) Evaporative barriers on exposed soils and planting containers;

(c) Timed drip irrigation;

(d) Soil moisture monitors; and

(e) Use of recycled water.

(2) All other requirements of the Township Code, including but not limited to Chapter 402, Water Conservation, shall apply.

M. Stormwater management. Stormwater management shall be in accordance with Chapter 322, Stormwater Control.

N. Buffers. Buffers shall be provided in accordance with Chapter 410, Zoning, Article V, Buffers.

O. Security. For all cannabis-related uses or activities to be located within Cannabis Use Overlay Zone No. 4, a security system shall be provided. Security systems shall meet applicable requirements of the State of New Jersey, as well as the following additional requirements:

(1) All security systems shall be professionally monitored and operated on a continuous basis (i.e., 24 hours per day, seven days per week);

(2) All security systems shall contact local law enforcement if triggered;

(3) All security systems shall preserve security recordings and documentation for at least 180 days;

(4) A minimum of two secure backups of all security recordings and documentation shall be maintained. One backup shall be saved on a local storage device located on-site. One backup shall be saved off-site.

P. Farmland soil preservation. Applicants seeking to develop a cannabis-related use or activity within Cannabis Use Overlay Zone No. 4 shall:

(1) Identify any prime agricultural soils, soils of statewide importance, and soils of local importance on the site plan;

(2) Design the site to avoid prime agricultural soils, soils of statewide importance, and soils of local importance to the maximum extent practical in the siting of impervious cover;

(3) To the extent that impervious cover cannot avoid prime agricultural soils, soils of statewide importance, and soils of local importance, the applicant shall consult with the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture and follow all recommendations provided by the NRCS for protecting such soils to the maximum extent practical; and

(4) Submit a soil management and respiration plan to restore agricultural land in the event that the proposed facility ceases to operate.

Q. Parking. Off-street parking and loading shall be provided in accordance with the requirements of Article VI of this chapter.