Township of Barnegat, NJ Supplementary Design and Performance Standards

Minor modifications or changes in the approved plans and specifications may be effected only upon written approval of the Board Engineer, but some changes may require further review and approval of the Planning Board prior to making any change.

Any application for development shall demonstrate conformance with design standards that will encourage sound development patterns within the Township. Where an Official Map and/or a Master Plan have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, school sites, etc., shown on the officially adopted Master Plan shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lots shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

Land which the approving authority finds to be in areas identified in the Master Plan as having severe or moderate soil characteristics, particularly as the land relates to flooding, improper drainage, wetlands, adverse soil conditions, adverse topography, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas shall not be subdivided, and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.

Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.

No buildings shall be erected, no existing buildings shall be enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area and building location regulations designated for the district or zone in which this building or open space is located.

No lot shall be used in any zone, nor shall any structure be erected, altered or occupied for any purpose except as indicated in each zone under permitted use or special use permits.

No subdivision or site plan approval may be given unless each lot contained in said subdivision or site plan complies with all the requirements of the zone in which said lot is located, unless a variance is subsequently granted.

Each lot shall be provided with frontage on a street in accordance with the Schedule of Requirements.

No lot shall have erected on it more than one (1) residential building, except as elsewhere permitted in this chapter.

§ 55-161 ACCESSORY BUILDINGS AND STRUCTURES.

[Amended 9-11-95 by Ord. No. 1995-41 § 3 and Ord. No. 1995-42 § 3]

Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.

Accessory buildings shall not exceed fifteen (15) feet in height.

Accessory buildings shall not occupy a front yard in any zone and no more than thirty-five percent (35%) of the available rear yard area in any zone.

Detached accessory buildings shall not be located closer to the street than the front building line of the principal structure and shall be governed by the schedule of requirements for the side and rear yard setback limits.

§ 55-162 BUFFERS.

[Amended 10-21-96 by Ord. No. 1996-48]

I. Division 1: East and West Of Parkway.

Buffer areas are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer (such as dense planting, existing woods, a wall or fence), buffer height, buffer width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered plantings of live trees, shrubs or other plant material meeting the following requirements:

The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.

Plant materials used in screen planting shall be at least three (3) feet in height when planted and shall be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.

The screen planting shall be so placed that at maturity it will not be closer than three (3) feet to any street or property line.

Trees shall be at least five (5) feet in height when planted and shall be of a species common to the area, of nursery stock and free of insect and disease.

Any plant material which does not live shall be replaced within one (1) year or one (1) growing season.

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.

Wherever this chapter imposes a landscaping or seeding requirement, natural vegetation may be substituted in all areas where it exists and has attained a height of at least six (6) feet. The landscaping and seeding requirement shall still apply, however, in all areas not so covered.

In order to provide adequate buffering between uses of differing classifications, a buffer zone shall be provided in conjunction with any nonresidential use abutting a lot zoned for residential purposes. Such buffer requirements shall apply to every property line that abuts a residentially zoned lot. The required width of a buffer shall be in addition to any required yard areas and shall include a screening strip as herein prescribed. The minimum width of such buffer zone shall be fifty (50) feet for a building or group of buildings up to forty thousand (40,000) square feet in area. The width of the buffer zone shall be increased by one (1) foot for each one thousand (1,000) square feet or fraction thereof that the building or group of buildings exceed forty thousand (40,000) square feet, up to a maximum width of buffer zone of one hundred (100) feet, except that for the Industrial Park and Industrial Districts the minimum buffer width abutting a residential district shall be two hundred (200) feet.

Where a nonresidential operation or activity proposed within any zone will exceed two hundred thousand (200,000) square feet and will abut previously developed residential uses, the Board may require an earth mound with screen plantings to provide a sight and sound barrier. Such mound shall not be less than ten (10) feet in height or thirty-six (36) feet in width at its base and shall be grater if required to visually screen, to the maximum extent feasible, parking, lighting and buildings from the residential area or to provide for minimum noise level at the property line.

II. Division 2: East of Parkway.

The minimum width of the buffer shall be fifty (50) feet.

§ 55-162.1 Residential Buffer Areas.

[Added 5-16-88 by Ord. No. 1988-20; Amended 10-21-96 by Ord. No. 1996-49]

I. Division 1: East of Parkway

Buffer areas are required around the perimeter of all major subdivisions and residential site plans, including all road frontages.

[Amended 6-19-00 by Ord. No. 2000-20; 8-21-00 by Ord. No. 2000-32]

The buffer shall be in addition to required yard areas. Natural wooded buffer areas shall be preserved provided that the growth is of a density to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.

Buffer areas void of vegetation shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered plantings of live trees, shrubs or other plant material meeting the following requirements.

Plant materials used in screen plantings shall be at least three (3) feet in height when planted.

The screen planting shall be so planned that at maturity it will not be closer than three (3) feet to any street or property line.

Trees shall be at least five (5) feet in height when planted and shall be of a species common to the area, of nursery stock and free of insect and disease.

Any plant material which does not live shall be replaced within one (1) year or one (1) growing season.

Plantings shall not be used at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections. There shall be no plantings in sight triangle easements.

The buffer area will create a visual amenity between subdivisions and provide contiguous open space.

The buffer shall be maintained by a Homeowner's Association or shall be included in the area of each lot and deed restricted.

The minimum width of the buffer shall be fifty (50) feet.

[Amended 6-19-00 by Ord. No. 2000-20; 8-21-00 by Ord. No. 2000-32]

II. Division 2: Pinelands - West of Parkway

[Amended 5-5-00 by Ord. No. 2000-11]

A. Buffer areas are required around the perimeter of all major subdivisions and residential site plans including all road frontages.

[Amended 10-2-00 by Ord. No. 2000-41]

Plant materials used in screen plantings shall be at least three (3) feet in height when planted.

The screen planting shall be so planned that at maturity it will not be closer than three (3) feet to any street or property line.

Trees shall be at least five (5) feet in height when planted and shall be of a species common to the area, of nursery stock and free of insect and disease.

Any plant material which does not live shall be replaced within one (1) year or one (1) growing season.

The buffer area will create a visual amenity between subdivisions and provide contiguous open space.

The buffer shall be maintained by a Homeowner's Association or shall be included in the area of each lot and deed restricted.

The minimum width of the buffer shall be fifty (50) feet.

[Amended 10-2-00 by Ord. No. 2000-41]

§ 55-162.2 Landscaping, East of the Parkway.

[Added 7-17-00 by Ord. No. 2000-27; 7-17-00 by Ord. No. 2000-28]

General. All land subdivision and development shall comply with the minimum landscape architectural standards set forth herein or provide a more appropriate design relative to the specific aspects of a particular site or development proposal with the approval of the board of jurisdiction. The board of jurisdiction may require additional landscape development beyond the standards set forth if necessary to provide appropriate landscape development relative to the nature of the site and the development thereof. All landscape development should be designed to enhance the visual quality of the site and adjacent properties; provide safe vehicular and pedestrian circulation; protect against potential natural and man-made hazard; enhance the microclimate of areas for human activity; and promote the protection of health, safety and welfare.

Streetscape. Landscape architectural development of the streetscape shall be provided in conjunction with all development, on all existing and proposed roads upon which the site of development has or creates frontage. Improvements consistent with one (1) of the following streetscape concepts, or an alternative concept of more appropriate design, shall be provided:

Formal-tree lined avenue. This type of streetscape development is appropriate for the majority of streets within the Township with the exception of those areas which are addressed by one (1) of the other two (2) concepts provided herein. The following standards shall apply:

Shade trees shall be provided along both sides of a street within the shade tree planting area provided between the sidewalk and the dwelling and at a distance between trees of thirty (30) feet to fifty (50) feet, with trees which exhibit a narrow habit at a thirty (30) to forty (40) foot spacing and trees which exhibit a spreading habit at a forty (40) to fifty (50) foot spacing. (See Sketch No. 1)[1] The trees shall be planted a minimum distance of five (5) feet from the edge of sidewalk so as not to interfere with utilities, roadways, sidewalks, street lights, sight distances and driveway aprons.

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

All trees shall have a minimum size of two (2) inches to two and five-tenths (2.5) inches caliper.

Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that, if any deviation is anticipated, it must be done only with the permission of the Township Shade Tree Commission and/or the person designated by the board of jurisdiction. In a newly planted area, only one (1) type of tree may be used on a given street, unless otherwise specified by the Township Shade Tree Commission and/or person designated by the board of jurisdiction.

Tree varieties which exhibit desirable characteristics, such as full symmetrical form, deep noninvasive root system and tolerance of potential drought and road salt, shall be utilized in conformance with a list of acceptable varieties maintained by the Township Shade Tree Commission.

Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height with one (1) main stem upon planting. Planting within a sight triangle or distance area must be approved by the Board Engineer.

Informal street trees. This type of streetscape development is appropriate along streets within areas of development with an informal character. This type of treatment should occur in areas of development with meandering curvilinear roads. The following standards shall apply:

Vary street tree varieties, spacing from the sidewalk (five (5) feet to fifteen (15) feet) and sizes (two (2) inches to five (5) inches caliper, averaging two and five-tenths (2.5) inches to three (3) inches). Trees should be placed in an informal pattern with varied spacing. Some areas will have clustered trees, others may have an individual tree along a road. Planting design shall accentuate views and integrate contrasting landscape elements. (See Sketch No. 2)[2]

[2]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

The total number of trees shall average one (1) tree for every forty (40) linear feet of roadway on each side of the roadway.

If existing trees are preserved within twenty (20) feet of the curb, the requirements for additional street tree plantings may be reduced.

Village streetscape. This type of streetscape development is appropriate along streets within the areas designated as Historic District by the Barnegat Township Zoning Map or as required by the board of jurisdiction. The objective shall be to provide street trees, paving, benches, lighting and other amenities to provide an ample, well-defined, unified and distinct pedestrian corridor along the streetscape. The following standards shall apply:

Provide street trees within the right-of-way in planting areas of at least ninety (90) square feet in surface area. An acceptable ground cover or mass shrub planting shall be provided in all planting areas.

The quantity of trees shall be equivalent to one (1) tree of two (2) inches to two and five-tenths (2.5) inches caliper for every forty (40) feet of frontage.

If existing trees are preserved within twenty (20) feet of the curb, the requirements for additional street tree plantings may be reduced.

A walkway within the right-of-way of a minimum clear width of five (5) feet shall be provided. In areas where site furnishings are provided, the walk width shall be widened to accommodate these amenities. (See Sketch No. 3)[3] The walkway shall be constructed of a decorative pavement, i.e., brick pavers, as approved by the board of jurisdiction. All walks shall include ramps for handicapped access at all street corners or road crossings. The decorative paving shall be continued across all ingress and egress drives as a crosswalk, providing a well-defined continuous pedestrian walkway.

[3]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

Site furnishings such as benches, period lighting, kiosks, bus shelters, trash receptacles, bicycle racks and flagpoles shall be provided as appropriate or required by the board of jurisdiction. All site furnishings within an individual Historic District area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the board of jurisdiction.

Signage within the villages streetscape area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the board of jurisdiction.

All overhead utilities should be relocated underground whenever possible.

Cul-de-Sac and Traffic Islands. Cul-de-sac and traffic planting islands provide the opportunity to soften the harshness of large paved areas, create visual interest, increase groundwater recharge, screen headlight glare into residences and preserve valuable existing vegetation. Planted traffic control islands should be provided as necessary and appropriate to define vehicular or pedestrian circulation. The following standards address the planting of islands in the turnaround portion of cul-de-sac roads; provided, however, that there remains sufficient turning radius for fire-fighting equipment and other emergency equipment. For other islands, a landscape design consistent with the concepts presented herewith should be provided. Planting of islands within parking areas shall conform to the standards set forth in paragraph G of this section.

If possible, preserve the existing trees in the area of the proposed island. Assure that the grading of the surrounding roadway is consistent with the existing grade at the dripline of the trees and provide adequate protection during construction. Limb all branches to a height of seven (7) feet and remove all vegetation which exhibits a canopy between thirty (30) inches and seven (7) feet. Provide an adequate ground cover planting as necessary to completely cover all soil and discourage weed growth. All planting must be designed to consider the level of expected maintenance and provide a neat and clean appearance.

In areas void of existing stands of trees, planting similar to the following concept should be provided: provide one (1) specimen tree of three and five-tenths (3.5) inches to four (4) inches caliper or three (3) specimen trees of two and five-tenths (2.5) inches to three (3) inches caliper for every one thousand (1,000) square feet of planting area with an adequate ground cover planting as necessary to completely cover all soil and discourage weed growth at the time of planting. (See Sketch No. 4)[4] All plant material must exhibit a mature canopy height under thirty (30) inches or above seven (7) feet with no more than three (3) trunks in order to allow adequate visibility. Plants varieties which are tolerant of harsh, dry roadside conditions and road salt shall be utilized in conformance with a list of acceptable varieties maintained by the Township Shade Tree Commission. All planting must be designed to consider the level of expected maintenance and provide a neat and clean appearance. Planting of islands within parking areas shall conform to the standards set forth in paragraph G of this section.

[4]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

All planting within a sight triangle or distance area must be approved by the Board Engineer.

Extensive unplanted stone or mulch beds shall not be provided.

Stormwater Areas. Stormwater management areas include retention and detention basins, drainage ditches and swales. This paragraph does not apply to underground stormwater recharge areas, which may only be planted if approved by the Board Engineer. Sensitively designed basins and swales can be a visually pleasing benefit to the health, welfare and safety of Barnegat Township residents. The general design concept of these areas should be to de-emphasize their function creating aesthetic landscape features. Improvements consistent with one (1) of the following concepts, or an alternate concept of more appropriate design, shall be provided:

Open space/recreation feature. This landscape concept is appropriate in situations where a basin is the largest or only portion of green or open space in an area or is adjacent to existing open space and additional open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired.

The area shall be graded creatively to blend into the surrounding landscape and the design of the site, i.e., provide an informal meandering edge with varying slopes, and gentle berming in locations emulating a natural depression.

Provide planting along the perimeter of the area to reinforce the design concept. As a general guideline, twelve (12) trees for every one hundred (100) linear feet of perimeter length should be provided. These trees shall have a minimum size of two (2) inches to two and five tenths (2.5) inches caliper for shade trees, six (6) feet to eight (8) feet in height for evergreen trees, and six (6) feet to eight (8) feet in height and one (1) inch to one and five-tenths (1.5) inches caliper for ornamental trees. The majority of trees should be shade trees unless otherwise required by the board of jurisdiction. (See Sketch No. 5)[5]

[5]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

To provide recreational open space, concentrate frequently flooded detention in a basin area (five (5) to ten (10) year storm volume) and provide a gently sloping, less often flooded, area ten (10) to one (100) hundred-year storm volume) as a recreational open field space. Provide ball field and/or open play areas integrated with plantings in a parklike manner. (See Sketch No. 6)¹

The design of all drainage structures should reflect the overall design concept for the area and shall make these structures visually pleasing or less obtrusive. Consider the type and color of materials and grading or planting around structures at the approval of the Board Engineer.

Reforestation. This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands, conservation areas or wetlands. It reverts the disturbed area to a revegetated, stable, low maintenance, natural landscape asset over time.

The area shall be graded creatively to blend into the surrounding landscape and the design of the site, i.e., provide an informal meandering edge with varying slopes and gentle berming in locations emulating a natural depression.

The area shall be planted with shade trees on the perimeter, banks and interior of the basin at the rate of one (1) tree for every four hundred (400) square feet of area. Of this quantity, twenty percent (20%) shall be two (2) inches to two and five-tenths (2.5) inches caliper, twenty percent (20%) shall be one and five-tenths (1.5) inches to two (2) inches caliper and sixty percent (60%) shall be eight (8) feet to ten (10) feet height whips.

The trees shall be planted in groves and spaced five (5) feet to twenty (20) feet on center. The ground plane shall be seeded with a naturalization, wildflower and/or meadow seed mix. The specific blend shall be approved by the Township Shade Tree Commission and/or the person designated by the board of jurisdiction. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions. (See Sketch No. 7)[6]

[6]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.

Plantings shall not be located within fifteen (15) feet of a low flow channel or outlet or inlet structure to allow for maintenance.

Provision for emergency access as well as general maintenance of the basins shall be subject to the review and approval of the Board Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.

Plantings are not permitted upon any dikes associated with a detention basin unless approved by the Board Engineer.

Stormwater retention ponds. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural parklike lakes and ravines.

Water fountains/features are encouraged in the design of all development as an open space/recreational feature.

The water's edge shall be easily maintained and stable. Possible treatments might include riprap, stone walls, natural plantings, decking and bulkheads.

The planting of the perimeter of the feature shall accentuate views and interest and integrate pedestrian paths, sitting areas and other uses.

Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs and grasses used for visual interest or special effects. A continuous landscape area shall be provided.

If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified and the plantings and pedestrian spaces shall be integrated with these uses.

Plants with invasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.

All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.

Appropriate measures for mosquito control must be implemented for all wet basins and water features. A plan including proposed methods to be utilized and maintenance shall be submitted for approval of the board of jurisdiction.

Open space. As a landscape feature and asset, open space is encouraged in all developments, even when not required. The objectives of the landscape treatment of open space is to provide the opportunity and space for active and passive recreation in all areas of human activity and residence, to protect and enhance the township's natural amenities such as wooded areas, water bodies and streams and to retain or create a visually pleasing image of Barnegat Township. The following standards shall apply:

Preservation open space. This type of open space is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wooded areas, water bodies, streams, wetlands, etc. This type of open space shall be either deed restricted from future development by conservation easements or dedicated to the Township or another public or quasi-public agency or organization. The following standards shall apply:

During the site planning process it is appropriate to preserve any significant or unique natural amenities and designate them as preservation open space.

It is appropriate to remove all undesirable debris and materials from this area.

The provision of improvements such as pedestrian paths, picnic areas and planting may be required by the board of jurisdiction when appropriate to create a visually pleasing and beneficial environment. These areas shall be reforested to comply with the requirements of paragraph H(3).

Recreational open space. Recreational open space includes lands provided for active and passive recreation and as additions to existing recreational open space. It can take on many forms, from a tot-lot or tennis and swimming complex in a residential development, to an English landscape garden in an office park development or an outdoor promenade or eating pavilion in a commercial or industrial center. The landscape architectural design of these areas shall address safety, visual interest, microclimate and use. The following standards shall apply:

Site amenities and walkways shall be provided as required by the board of jurisdiction. Suggested minimum improvements for residential open space include a tot-lot (play structure with slide and a separate swing set), seating and open lawn for field play. (See Sketch No. 8)[7] Outdoor sitting and eating areas/plazas are appropriate for commercial, office and manufacturing developments.

[7]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

These areas shall be reforested to comply with the requirements of paragraph H(3).

If a recreation area fronts onto a roadway, a post and rail fence or other protective measures shall be integrated to provide protection and separation.

Landscape Buffers. Landscape buffers are plantings, berms or grading and fences or walls provided within the buffer area as designated in Sections 55-162 and 55-162.1 or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the board of jurisdiction should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The board of jurisdiction may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:

Nuisance landscape buffer. This type of landscape buffer is appropriate in buffer areas provided between commercial or residential uses and adjacent commercial or different residential uses or zones where a continuous visual screen is appropriate. The following standards shall apply:

All existing trees and understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction deems it appropriate, supplemental planting should be provided to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of six (6) feet to eight (8) feet for evergreen trees, two (2) feet to two and five-tenths (2.5) feet for shrubs and a minimum caliper of two (2) inches and two and five-tenths (2.5) inches for shade trees shall be specified for all supplemental plantings. (See Sketch No. 9)[8]

[8]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of four (4) feet to eight (8) feet, or as necessary to provide a visual screen, with the approval of the board of jurisdiction. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be esthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every one hundred (100) linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	12	6 feet to 8 feet in height
Shade trees	3	2 inches to 2.5 inches in caliper
Ornamental trees	As required	6 feet to 7 feet in height - 1 inch to 1.5 inches in caliper
Shrubs	As required	2 feet to 2.5 feet in height

Filtered buffer. This type of landscape buffer is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular, this type of buffer shall be provided around the perimeter of all parking areas, internal site access roads or lanes and the perimeter of a site which abuts a lane, street, road, highway or an adjacent site and a complete visual screen is not appropriate. A buffer shall be provided to screen unsafe distractions such as glare from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:

All existing trees and understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction deems it appropriate, supplemental planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. For every one hundred (100) linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	As required	6 feet to 8 feet in height
Shade trees	As required	2 inches to 2.5 inches in caliper
Ornamental trees	As required	6 feet to 7 feet in height - 1 inch to 1.5 inches in caliper
Shrubs	As required	2 feet to 2.5 feet in height

Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two (2) to four (4) feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be esthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every one hundred (100) linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	As required	6 feet to 8 feet in height
Shade trees	4	2 inches to 2.5 inches in caliper
Ornamental trees	As required	6 feet to 7 feet in height - 1 inch to 1.5 inches in caliper
Shrubs	55	2 feet to 2.5 feet in height

Windbreak/heavy screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop wind borne debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in paragraph F(1), nuisance landscape buffer, are not sufficient at the discretion of the board of jurisdiction. The following standards shall apply:

Provide a fence, wall or planting which will create a dense complete visual screen. The height of the fence, wall or planting should be designed relative to the facility being screened and shall be subject to the approval of the board of jurisdiction. The general design, form and materials of fences or walls should relate to the overall design and the materials utilized for other structures on the site or the neighborhood and be esthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.

If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and the views from adjacent areas and shall be subject to the approval of the board of jurisdiction.

The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.

Reverse frontage buffer. This type of buffer shall be required where the rear yards of residential units and/or lots face or front on a roadway and when any yard of a residential unit or lot faces or fronts on an expressway or arterial roadway. The following landscape architectural treatment shall be provided to screen and separate private residential spaces from the roadway.

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction deems it appropriate, supplemental planting, berms or walls should be specified to provide a complete visual screen. The need for and the height and design of supplemental berms or walls must respond to the deficiencies of existing vegetation and the proximity of the residential unit to the road. If the board of jurisdiction deems it appropriate berms or walls may be required. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. For every one hundred (100) linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	4	6 feet to 8 feet in height
Shade trees	3	2 inches to 2.5 inches in caliper
Ornamental trees	As required	6 feet to 7 feet in height - 1 inch to 1.5 inches in caliper
Shrubs	12	2 feet to 2.5 feet in height

Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fencing or walls as appropriate. Berms, fences or walls shall be provided at a height of three (3) feet to eight (8) feet averaging five (5) feet or as necessary to provide a visual screen at the discretion of the board of jurisdiction. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be esthetically pleasing from all sides. The sidewalk layout shall be integrated with the buffer and the overall design and adjacent development when appropriate. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. (See Sketch No. 10)[9] The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every one hundred (100) linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	9	6 feet to 8 feet in height
Shade trees	6	2 inches to 2.5 inches in caliper
Ornamental trees	2	6 feet to 7 feet in height - 1 inch to 1.5 inches in caliper
Shrubs	15	2 feet to 2.5 feet in height

[9]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

Parking Areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of Section 55-173. Off-street parking and loading areas, with landscape architectural treatment shall be provided as follows:

Shade trees within the parking area shall be provided at a minimum rate of two (2) trees for every ten (10) parking spaces. Preservation or relocation of existing trees greater than four (4) inches diameter at breast height (dbh) is encouraged to meet this requirement. Landscape buffer area plantings are not to be considered to satisfy this requirement. (See Sketch No. 11)[10]

[10]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

In the islands provided at the end of individual rows of parking spaces between access roads or aisles, planting shall be provided to buffer the view of parked cars, provide shade and cover the ground plane. The use of excessive quantities of unplanted bark or stone mulch shall be avoided.

Plant sizes shall be a minimum of two (2) inches and two and five-tenths (2.5) inches caliper and ten (10) to twelve (12) feet in height for shade trees and two (2) to two and five-tenths (2.5) feet in height for shrubs. The spacing of shrubs provided as a buffer shall be as necessary to provide a continuous hedge or mass with plants touching at the time of installation, and species shall include, but not be limited to: euonymus alatus compactus; myrica pensylvanica; flex glabra compacta; or any other species approved by the Township Shade Tree Commission and/or person designated by the board of jurisdiction.

Large parking areas shall be subdivided into modules as per Section 55-151C(17). Separation of modules should be achieved by a landscape island of a minimum width of ten (10) feet. Integration of pedestrian walkways within this island, aligned with building entrances or focal points, is encouraged and should be considered. (See Sketch No. 12)[11]

[11]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

Pedestrian/vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials. Integrated landscape islands with walks in lieu of parking spaces shall be provided in front of building entrances.

Parking lot lighting should be sited within landscape islands. Trees shall not hinder safe lighting coverage. Tree varieties and light photometrics and locations must be considered. A mix of shade trees and evergreens should be used to reduce glare during all seasons to adjacent properties, buildings and roadways.

Parking decks or structures shall receive landscape treatment which softens the bulk and scale of the structures and screens the ground level cars from the public roads and buildings. Deck level planting shall be treated similarly to a parking lot on grade.

Green Space. The landscape plan or site plan for all site plan and subdivision plan submissions shall address the planting of all green space in accordance with the standards set forth herein or another appropriate manner. In the site planning process, the provision and landscaping of green space or planting areas should be considered to enhance the visual quantity of a site and provide spatial or directional definition as follows:

A planting area and planting around all buildings as appropriate relative to the architecture, anticipated use and to limit pavement to that necessary for access and appropriate use shall be provided.

To provide immediate buffering, visual relief, and scale for large office, commercial, and industrial buildings (buildings of ten thousand (10,000) square feet or larger) larger-size trees shall be provided near the building perimeter (within seventy-five (75) feet). The quantity of trees shall be equal to one (1) tree for every forty (40) feet of general building perimeter.

The tree size shall be based upon the height of the building as follows:

Building Size (In stories)	Tree Size
1 to 2	2.5 inches to 3.0 inches in caliper
3	3.0 inches to 3.5 inches in caliper
4 to 6	3.5 inches to 4.0 inches in caliper

These trees shall be located in a manner consistent with architectural and site design and shall provide maximum visual impact. Preserved or relocated existing vegetation may be utilized to meet this requirement.

In residential developments, trees shall be planted throughout a site at a rate of one (1) tree per one thousand (1,000) square feet of upland lot area or fraction thereof. In nonresidential developments, trees shall be planted throughout a site at a rate of one (1) tree per one thousand (1,000) square feet of upland green space or fraction thereof. Of this quantity, sixty percent (60%) shall be shade trees at a minimum size of two (2) inches to two and five-tenths (2.5) inches caliper and/or evergreen trees at (6) to eight (8) feet in height, and forty percent (40%) shall be shade trees a minimum size of two and five tenths (2.5) to three and five-tenths (3.5) inches caliper and/or evergreen trees at eight (8) feet to ten (10) feet in height. Existing, mature upland forest (containing a predominance of trees four (4) inches in diameter at breast height (dbh) at the approval of the Township Shade Tree Commission and/or person designated by the board of jurisdiction) which are preserved and adequately protected and not injured during and subsequent to construction may be deducted from the quantity of trees required at the rate of one (1) tree for every two thousand (2,000) square feet of mature upland forest. Only upland areas and existing trees which are located on the property being developed shall be considered for this requirement; plantings provided in conjunction with other ordinance requirements shall not be considered; trees within the right-of-way also are not to be considered. An accurate limit of existing woodland to be cleared, and planting sites for new plantings shall be indicated on the landscape plan, individual plot plan or site plan and must be submitted to the Township Shade Tree Commission and/or person designated by the board of jurisdiction for review and approval prior to preliminary approval.

In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision or site development for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the board of jurisdiction. Planting sizes shall be in accordance with the provisions of paragraph F(2)(a).

In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be appropriately landscaped with grading and planting of grass or other ground cover, shrubs and trees as part of the landscape plan approved by the board of jurisdiction. Planting of trees along streets and in front yard areas shall be provided as required by ordinance and as necessary to create a harmonious, pleasant view from all roads. The use of extensive unplanted stone or bark mulch beds shall be avoided. Planting sizes shall be in accordance with the provisions of paragraph F(1)(b).

Pedestrian spaces. All site plan and subdivision plans shall address pedestrian spaces and circulation. The objectives shall be to promote free and safe movement of pedestrians and bicycles into, in between and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:

Pedestrian and bicycle access shall be provided from public roadways, parking lots and adjacent land uses where appropriate.

The layout of pedestrian walkways shall be consistent with the overall design. In natural landscapes, walkways shall meander through plantings and berms. Formal landscapes may require long straight walkways. The views of pedestrians shall be visually interesting.

Benches and sitting areas along pathways shall be provided where appropriate and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project.

Connections to open space areas and facilities on adjacent properties shall be provided. Pedestrian easements between lots with a paved walkway may be required.

Pedestrian bridges over streams, ravines or drainage swales shall be required when necessary to make connections in pedestrian system(s). They are subject to all regulatory agency permit requirements.

Pedestrian amenities such as kiosks, water fountains, pedestrian scale lighting and gazebos shall be provided where appropriate.

Bicycle parking including bicycle racks for each building and adequate space for bicycle movements shall be provided.

Building entrances, plazas, exterior malls, promenades and nodes shall receive detailed pedestrian scale landscape architectural treatments. Pedestrian/vehicular conflicts shall be avoided through design. Building entrances shall be delineated by planting islands within the parking area. Plantings shall include shade trees, evergreen and ornamental trees and shrubs, as appropriate. The planting design shall provide visual variety and interest, spatial enclosure and separation from parking areas and protection from sun and wind. Sitting areas with benches or seat walls shall be provided as appropriate. (See Sketch No. 13)[12]

[12]

Editor's Note: The sketch referred to herein is included as an attachment to this chapter in Appendix G.

Amenities/resources. All land development plans shall identify and locate potential historical resources and natural amenities such as specimen trees (as defined in paragraph M), bodies of water, streams, wetlands, windbreaks, groves of trees, hedgerows, orchards, unique vistas, old or unique structures, farmsteads, villages and historic structures, and landmarks. During the site planning process the designer shall attempt to preserve and enhance these features for present and future residents as follows:

The architectural, site plan and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance.

Utilize the uniqueness of the existing specimen trees, bodies of water, groves of trees, hedgerows, historic structures and landmarks and farmsteads within the site plan as features and focal points.

Maintenance. Maintenance of landscape areas is a crucial part of any land development and must be addressed for all non-fee-simple residential development and all commercial development. Specifications for the perpetual maintenance of all outdoor areas on a site to assure a safe and attractive environment and to promote healthy growth of all plant materials shall be provided. This may take the form of a monthly schedule or a categorized guideline on the plans or in a separate document. The following areas shall be addressed: inspection, debris and weed control, irrigation (including watering of trees once per week during the first two (2) growing seasons), mulching, seasonal plantings, mowing of turf and wildflowers, pruning, fertilizer and amendments, insect and disease control, planting renovation, landscape structures, lighting and paved surfaces.

Selective Clearing and Protection of Vegetation. The preservation of existing vegetation is a crucial component in accomplishing the goals of this section. In order to maximize the opportunity to incorporate significant areas of existing vegetation into the design of the development, and to minimize damage to said areas during and subsequent to construction, the following standards shall apply:

An owner or developer shall remove only such trees, vegetation and underbrush as is necessary to construct and install the structure and improvements authorized by the board of jurisdiction. All sites should be developed, to the extent possible, in a manner which will result in the least amount of disturbance to the natural site.

A developer may be permitted to perform selective clearing to remove dead or damaged trees, underbrush and undesirable vegetation. The areas and extent of selective clearing must be clearly indicated on the plan of the development and/or the grading and landscape plan. All selective clearing must be approved by the person designated by the board of jurisdiction prior to the commencement of any clearing. The site boundaries and limits of proposed improvements must be accurately staked out on the site for this review and approval. Where selective clearing is to occur in a required buffer area of a site or major subdivision, the developer shall be required to maintain a screening buffer in accordance with the buffer and landscape requirements as set forth in the Development Ordinance and shall be required to replace any planting removed in the course of selective clearing operations which is required as part of the buffer.

There shall be no clearing of vegetation, changes of grade levels by cut or fill, parking of vehicles or construction equipment and trailers, or storage of construction materials within areas of existing vegetation to be preserved. Protected area shall include a radius fifty (50) feet from individual trees and a radius thirty (30) feet from stands of trees where possible. The protected areas shall be marked by measures such as flagging and/or temporary fencing as required by the Township Shade Tree Commission and/or person designated by the board of jurisdiction prior to the commencement of any clearing on site.

All selective clearing operations shall be performed in strict accordance with all applicable State, Federal and local regulations. All cleared material, including but not limited to trees, branches, stumps, brush, refuse and other deleterious matter, shall be removed from the site and disposal of in a sanitary landfill licensed by the State of New Jersey to accept such waste. Vegetative materials consisting of trees, branches, stumps, and brush which are removed may be recycled for use as mulch or wood chips at an appropriate facility licensed by the State of New Jersey.

Preservation of Specimen Trees. As used in this section, specimen trees shall include the largest known individual trees of each species in the State of New Jersey as included on the list of said trees maintained by the New Jersey Department of Environmental Protection, Bureau of Forestry which is incorporated herein by reference, or any trees which are equal to or larger than said listed trees; also the largest known individual trees of each species in the County of Ocean as included on a list of said trees maintained by the Ocean County Shade Tree Commission which is incorporated herein by reference or any trees which are equal to or larger than said listed trees; also any trees so designated by the Barnegat Township Shade Tree Commission. Specimen trees are an irreplaceable scientific and scenic resource. Often these trees have also been associated with historical events. As such, it is the declared legislative policy of Barnegat Township to preserve and protect specimen trees. In order to preserve and protect said trees the following standards shall be followed:

Development interfering with specimen trees prohibited. All development is prohibited that would significantly reduce the amount of light reaching the crown of a specimen tree, alter the drainage patterns within the site where the specimen tree is located, adversely affect the quality or quantity of water reaching the site where the specimen tree is located, cause erosion or the depositing of material directly adjacent to or in close proximity to the specimen tree or otherwise injure the specimen tree. The site of the specimen tree extends to the outer limit of the buffer area to avoid adverse impact or fifty (50) feet from the tree, whichever is greater.

Enforcement. The Community Development Director of the Township of Barnegat and/or his designee shall be the enforcement officer charged with the administration and enforcement of this section.

§ 55-163 CEMETERIES.

Cemeteries may be permitted, subject to the issuance of a conditional use permit, in the districts designated, provided that compliance with the following minimum standards are achieved:

A cemetery shall be permitted to include as accessory uses such uses as are on the same lot and customarily incidental to the operation of a cemetery, such as a chapel, living quarters for a caretaker and storage facilities for maintenance equipment.

A maximum of two (2) identification signs may be permitted along any one (1) public road. The total sign area shall not exceed in square feet ten percent (10%) of the frontage along such public road, measured in feet, or one hundred (100) square feet, whichever is smaller.

Minimum setbacks:

Graves shall be set back from the center line of any public right-of-way a minimum of one hundred (100) feet. Graves shall be set back a minimum of fifty (50) feet from any other property line.

Accessory buildings shall be set back a minimum of two hundred (200) feet from the center line of any public right-of-way. Accessory buildings shall be set back a minimum of two hundred (200) feet from any property line.

§ 55-164 CHURCHES.

Churches may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:

A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to streets and adjacent properties and other physical features which might act as a deterrent to the general welfare.

Before issuing a permit, the approving authority shall determine that the following standards are met:

The minimum lot area shall be forty thousand (40,000) square feet, and the minimum frontage shall be two hundred (200) feet.

The approving authority shall determine that the site plan is appropriate to the adjacent area. It may require buffers of foliage, if necessary, to protect surrounding properties from the effect of light or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter.

§ 55-165 FIRE PROTECTION.

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Fire Commissioners or Board and in accordance with fire insurance rating organization standards.

Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Board Engineer and Fire Department and in accordance with fire insurance rating organization standards.

§ 55-166 LOCATION AND AS-BUILT PLAN REQUIREMENTS.

[Added 5-1-00 by Ord. No. 2000-12 and Ord. No. 2000-13]

Application for building permits for new construction shall be on the form provided by the Barnegat Township Construction Department. Such application shall be supported by the following documents or material:

Proposed Location Plans:

Two (2) sets of the proposed location plans and specifications for the structure or pool, including the areas surrounding the pool, including but not limited to any surrounding patio or deck. Such plans and specifications shall be under the seal of a Professional Engineer or Land Surveyor licensed by the State of New Jersey or, if not prepared by such Engineer or Land Surveyor, accompanied by the appropriate affidavit of the owner in those cases which such practice is permitted. Three (3) sets of architectural plans signed and sealed by an Architect licensed in the State of new Jersey or where permitted under the New Jersey Uniform Construction Code by the owner of the property.

The map prepared shall contain the following:

[Amended 11-17-2019 by Ord. No. 2019-1411-5-2020 by Ord. No. 2020-13]

Drawn to a scale of not more than one inch equals ten feet (1"=10') or less than one inch equals fifty feet (<1"=50').

Show the location of all new construction and all existing structures on the site and properties immediately adjacent.

Distances from lot lines to existing structures and proposed improvements.

Zoning setback lines to establish buildable area available for development. Property information, Block, Lot and address.

Property lines and dimensions based upon a current outbound survey (within the last two (2) years) prepared by a Licensed Professional Land Surveyor. A copy of the survey plan shall be submitted.

Building dimensions of existing and proposed building and/or additions.

Total area of the tract and the total upland buildable area.

The existing and proposed percentage of lot coverage of all structures.

All driveway, sidewalk, curb and existing fences including the type or materials to be used for construction.

The location and identification of Flood Zones, Conservation Easements, and Wetland Areas. Compliance with Chapter 46B of the Township Code for all development within areas of special flood hazard. Submission of a certified FEMA Elevation Certificate in areas of special flood hazard based on actual construction, not on drawings.

Location of all existing utilities and connections thereto.

In the case where a septic system and/or well is proposed, the plat plan shall include the following information:

Description and location of all components of the disposal system and/or well.

Distances from structures.

Distances from property lines.

Separation distances from each other and other septic disposal systems and/or wells within a one hundred (100) foot radius of the lot in question.

Grade elevations and inverts required by the component installation.

Results of soil borings and permeability tests, including depth to the actual or estimated seasonal high water table and groundwater observation.

All systems shall comply with N.J.A.C. 7:9A "Standards for Individual Subsurface Sewage Disposal Systems." Any waivers required from the Ocean County Health Department of the Township Code must be obtained prior to the issuance of a zoning permit, building permit, or grading plan approval.

A North arrow shall be shown with datum reference.

Delineate limits of lot clearing in accordance with a tree removal permit and in the case of an approved development by the Township of Barnegat for conformance with the approved plans.

(15)

Schedule showing zoning of property zoning requirements and existing and proposed conditions in relation to each zoning requirement.

(16)

The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required. (All plot plan review checklists will be copied to the Zoning Official and Construction Official).

(17)

The Zoning Official and Construction Official shall not issue a construction permit until the Township Engineer approved the proposed individual plot plan.

(18)

Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished first floor, basement and garage floor elevations of the proposed structure; top of pool and sidewalk elevations; and adjacent dwellings, corner elevations, and topography within 25 feet of property lines. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).

(19)

Location of any storm drainage pipes within 25 feet of the property including pipe size, grade, and invert.

(20)

Lot grading which shall be designed to provide positive runoff with grades at a minimum slope of 1.5% and a maximum slope of 10%.

(21)

Other items that may be required by the Township Engineer for proper construction of the site.

(22)

If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.

Foundation Location Plan. Prior to backfilling or obtaining a foundation inspection and commencing framing, placing the modular units or pre-fab units on the foundation as constructed, the New Jersey Professional Land Surveyor shall submit to the Zoning Officer one (1) copy of a plan showing the setbacks and elevations as to said as-built foundation and specifically showing the top of block elevation and any other critical floor elevation.

In a flood zone area, submission of a certified flood elevation certificate executed by a Licensed Engineer, Surveyor, or Architect in the State of New Jersey, or other person as stipulated and authorized in accordance with the Federal Emergency Management Act National Flood Insurance Plan, showing that the lowest habitable floor elevation is at or above the base flood elevation as shown on the approved FEMA FIRM map based on actual construction, not on plans.

Final As-Built Plan. Prior to the issuance of a certificate of occupancy, the Zoning Officer shall require four (4) copies of a certified as-built plan to be submitted, signed and sealed by a New Jersey Professional Land Surveyor. No fax submissions will be accepted in lieu of the required plan. For all site plans and major subdivisions, the plans submitted for a request for certificate of occupancy shall be reviewed by the Township Engineer, who will, in addition to said review, cause an on-site inspection and submit a written report to the Zoning Officer and/or Construction Code Official as to the status of all improvements required and as-built conditions that conform satisfactorily to the approved plans and a recommendation regarding whether or not a certificate of occupancy may be issued.

The plan shall be accompanied by a certification from a New Jersey Licensed Professional Land Surveyor certifying the plan has been prepared by him or herself and includes all the hereinafter-listed items.

Said certification shall further set forth that the proposed grading and floor elevation that are proposed will not detrimentally impact any adjoining owner. If applicable, that said plan conforms to approved site grading plan or, if not, that the changes are not significant to the approval and will in no way further impact adjoining properties and, further, that the plan provides for the proper on-site runoff and the grading is adequate to prevent ponding, severe erosion, and positive drainage away from the building construction. This plan shall be reviewed and approved by the Township Engineer prior to issuance of certificate of occupancy. The map prepared shall contain the following:

[Amended 11-17-2019 by Ord. No. 2019-14; 11-5-2020 by Ord. No. 2020-13]

Drawn to a scale of not more than one inch equals ten feet (1"=10') or less than one inch equals fifty feet (<1"= 50').

Show the location of all new construction and all existing structures on the site and properties immediately adjacent.

Distances from lot lines to existing structures and proposed improvements.

Zoning setback lines to establish buildable area available for development. Property information, Block, Lot and address.

Property lines and dimensions based upon a current outbound survey (within the last two (2) years) prepared by a Licensed Professional Land Surveyor. A copy of the survey plan shall be submitted.

Spot Elevations and/or Contour Lines at one (1) foot intervals, with reference datum to National Geodetic Vertical Datum (NGVD 1929), for the tract upon which the dwelling or other structure is to be constructed and to provide a sufficient amount of topographical information along all property lines and properties immediately adjacent in order to show direction of runoff and impact on adjacent properties. Spot elevations at all property corners, at all building corners and additional spot elevations throughout the site as required to clearly define surface flow and demonstrate conformance with the Township's Grading Ordinance. At a minimum, spot elevations are required at the following locations:

At all building corners.

Five (5) feet off of all building corners or additions to show compliance with ordinance.

At all property lines, provide elevations at property corners and adjacent to all building corners to show compliance with ordinance.

In the case of an approved subdivision, surveys and existing topographical information must be referenced to a Final Major Subdivision/Site Plan or Minor Subdivision/Site Plan certified by a Licensed Professional Land Surveyor and shall bear his or her signature and seal.

Spot elevations shall be provided at all the corners of the structures or structural appurtenances including additions, patios, etc., finished floor elevations for dwellings and garages, driveways, sidewalks, curbing, swales and graded areas. Where applicable, sufficient information to show any impact on adjoining properties, if any.

Total area of the tract and the total upland buildable area.

Finish floor grades of house and garage and description of house style (ranch, bi-level, two-story), and type of foundation (e.g. basement, crawl space, slab, etc.). Gross floor area of the structure.

All driveway, sidewalk, curb and fence locations including the type of materials to be used for construction. Driveway spot elevations at:

Garage or House

Five (5) feet from the dwelling

At the sidewalk

Location of all existing utilities and connections thereto.

Stormwater flow direction arrows must be provided for both on-site and off-site conditions.

(15)

The width of street right-of-ways; the width of street pavements.

(16)

A North arrow shall be shown with datum reference.

(17)

Delineate limits of lot clearing in accordance with a tree removal permit and in the case of an approved development by the Township of Barnegat for conformance with the approved plans.

(18)

The land shall be graded so that the stormwater from each lot shall drain directly to the street or other approved, constructed drainage facility so as not to adversely impact adjacent properties. No sump conditions shall be created. No grading on adjacent lots shall be permitted unless said adjacent lots are being concurrently developed as part of a subdivision by the same developer/ builder or unless permission has been granted by the owner of said adjoining lot.

(19)

The minimum slope of the yard surface shall be three quarters (3/4%) percent away from the structure toward the lots property lines for a distance of at least ten (10) feet from the structure or the distance of the required setback when less than ten (<10) feet.

(20)

The maximum grade for lawns and disturbed areas within five (5) feet of a building shall be ten (10%) percent and, for lawns more than five (5) feet from a building twenty-five (25%) percent, except for the front yard area which includes the driveway area, the grade shall be fifteen (15%) percent.

(21)

Schedule showing zoning of property zoning requirements and existing and proposed conditions in relation to each zoning requirement.

The final as-built plan shall be accompanied by a certificate from the preparer that final construction is substantially in conformance with the plan previously submitted for initial review for a building permit. If alterations have been made, they should be explained by notes or attachments with an explanation of how the changes are different from the approval and that there are no significant impacts to adjoining properties.

For construction of new one and two family dwellings or additions that are not part of subdivision or site plans, prior to the issuance of a Certificate of Occupancy, the Zoning Officer shall require four (4) copies of a Certified, As-Built Plan to be submitted, signed and sealed by New Jersey Licensed Professional Land Surveyor. In lieu of review, on-set inspection and report by the Township Engineer, a Certification, signed and sealed by an Engineer Licensed in the State of New Jersey may be added to the As-Built Plan certifying that the finish grading complies with all drainage and grading ordinances of Barnegat Township and further, that there will not be any adverse impact on surrounding properties.

Fees.

Subdivision and Site Plan Reviews. The costs associated with said review, inspection, reinspection, report preparation and any other associated costs for both the grading and as-built plans, as required for a Certificate of Occupancy, shall be paid for from the Developer's Escrow Account in accordance with the Municipal Land Use Law N.J.S.A. 40:55D-53.2 et seq.

Individual Lot Grading and As-Built Plan. The costs associated with said review, inspection, reinspection, report preparation and any other associated costs for both the grading and as-built plans shall be paid for by the applicant.

[Amended 11-17-2019 by Ord. No. 2019-14]

A fee of $600 shall be paid by the applicant for the initial grading plan review, review of foundation location plan, and review of as-built plan.

A fee of $50 shall be paid by the applicant for any review required for resubmission and rereview of any grading plan, foundation location plan, and as-built plan.

Exceptions.

Accessory structures up to one hundred eighty (180) square feet in area.

Additions or alterations that do not increase the roofed area by more than one hundred and eighty (180) square feet.

For the above exceptions, the following certification shall be required from the property owner: “Any adverse draining impacts on adjacent properties shall be the sole responsibility of the property owner.[1]

Editor's Note: Former Subsection E(3), regarding above-ground swimming pools, which immediately followed, was repealed 11-5-2020 by Ord. No. 2020-13.

Certifications. In addition to any Certifications by Licensed Professional Engineers or Surveyors that may be required herein above, the owner of a property applying for a building permit involving any disturbance of land (including footings and foundations) or, claiming exemption from grading plan review shall submit a notarized certification to the Zoning Officer on the applicable certification form (See Exhibits A, B and C).

§ 55-167 HOMEOWNERS' ASSOCIATION.

A homeowners' association may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the approving authority is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the following provisions:

Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member, in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(ies) wherein the land is located.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall submitted prior to the granting of final approval.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (35) days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except where the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing, upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Township shall cease to maintain said open space and property at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest in the same offices and in the same manner as other taxes.

§ 55-168 HOTELS AND MOTELS.

Where specifically permitted pursuant to this chapter, the following minimum standards shall be met:

Minimum floor area per unit:

Hotel: two hundred fifty (250) square feet.

Motel: two hundred fifty (250) square feet.

Appropriate areas shall be set aside for the recreational needs of the guests.

All garbage receptacles for storage and pickup shall be centrally located and easily accessible within a screened aboveground enclosure.

Such other performance standards as may be required by the approving authority.

§ 55-169 HEIGHT.

§ 55-169.1 Division 1: East of Parkway.

The height limitations of this chapter shall not apply to church spires, noncommercial antennas, belfries, cupolas, chimneys, ventilators, skylights and other mechanical appurtenances usually carried above the normal roofline, provided that no fire hazard is created and provided that such exception covers not more than ten percent (10%) of the roof or ground area. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than five (5) feet. Quasi-public buildings and public buildings, schools, churches and other similar permitted uses may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one (1) foot for each foot by which such building exceeds the height limit established for the district within which the use if located, but in no case shall any building have a height greater than fifty (50) feet.

§ 55-169.2 Division 2: Pinelands - West of Parkway.

[Amended 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 32]

The height limitations of this chapter shall not apply to any of the following structures: antennas which do not exceed a height of two hundred (200) feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy, provided that such structures are compatible with uses in the immediate vicinity and no fire hazard is created.

In the Regional Growth Area, quasi-public buildings and public buildings, schools, churches and other similar permitted uses may exceed the height limitations of this chapter, provided that such uses shall increase the front, rear and side yards one (1) foot for each foot by which such building exceeds the height limit established for the district within which the use is located, but in no case shall any building have a height greater than fifty (50) feet.

The height limitations of this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than thirty-five (35) feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

§ 55-170 KENNELS.

Kennels may be permitted, subject to the issuance of a conditional use permit, in the district specified, provided that the following standards are met:

The minimum lot size upon which a kennel is an accessory use shall be one (1) acre.

No structures, enclosures, pens or runs shall be located closer than fifty (50) feet to any lot line.

Sufficient space shall be provided indoors for all animals kept at the facility, and no animals shall be kept out of doors between 9:00 p.m. and 7:00 a.m.

Not more than ten (10) dogs or cats or a combination thereof for each acre of lot area shall be kept at any time.

Outdoor runs or pens shall be visually screened from adjoining properties.

Any such kennel shall also be approved by the Board of Health to ensure proper sanitation and compliance with applicable State and local health codes.

§ 55-171 LIGHTING.

All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of one (1) footcandle over the entire area. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half percent (7 1/2%) of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows or into streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam or of a rotating, pulsating, beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to the site plan approval by the approving authority. The objective of these specifications is to minimize undesirable off-site effects.

§ 55-172 NATURAL FEATURES.

Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

§ 55-173 MINIMUM PARKING REQUIREMENTS.

[Amended 8-17-98 by Ord. No. 1998-13; 8-17-98 by Ord. No. 1998-14; 6-5-00 by Ord. No. 2000-21; 2-18-02 by Ord. No. 2002-04; 5-7-12 by Ord. No. 2012-09]

The minimum parking requirements shall be defined in Appendix H, Schedule of Parking Requirements, attached hereto and adopted as part of this chapter. (Appendix H may be found at the end of this chapter.)

Miscellaneous criteria for calculating the amount of parking required. In computing the number of the above-required parking spaces, the following rules shall govern:

Where fractional spaces result, the required number shall be construed to be the nearest whole number.

Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two (2) or more uses, provided that the total of such spaces shall not be less than the sum of the requirements for various individual uses computed separately by the above requirement, with the exception of properties located within the Town Center and Commercial Core. The properties located within the TC-CPHD, TC-CN, TC-CV and CC-CPHD Overlay Zones shall have the option to provide shared parking in accordance with Section 55-173D(4) as stipulated herein.

All required parking facilities shall be located on the same lot or parcel as the structure or use they shall serve. In the case of nonresidential uses, parking facilities may be provided on the other lots or parcels, but shall not be greater than three hundred (300) feet from the structure or use they shall serve.

Where special traffic problems exist, the Planning Board may require a special survey of conditions at the applicant's cost and require entrances and exits in the parking lot to be altered to minimize congestion and hazard.

Where the required number of off-street parking spaces cannot be provided on site, the reviewing board may grant a waiver from the parking requirement with consideration given to whether or not acceptable alternate provisions can be made to accommodate the parking needs off site.

Parking requirements in the TC-CPHD, TC-CN, TC-CV and CC-CPHD Overlay Zones shall be provided as follows:

Parking areas shall be located to the rear or side of the principal building. Parking areas shall not be located within the front setback between the front of the building and the front property line unless it can be demonstrated to the satisfaction of the Planning Board Engineer that no alternative exists.

Parking lots and/or associated driveways may abut and overlap property lines of other nonresidential uses, predicated upon establishing an appropriate access easement that clearly defines all associated maintenance responsibilities. Any such access agreement shall be subject to review by members of the Planning Board or Zoning Board of Adjustment and the review and approval of the Planning Board or Zoning Board of Adjustment Attorney and Engineer.

A minimum four and one-half (4 1/2) foot high architectural wall of brick, stucco, or stone or a six (6) foot high decorative fence may be required as additional screening by the approving authority where a parking area abuts a residential use or is across the street from a residential use or where the on-site parking abuts a street line. Walls must be articulated to minimize the visual impact of excessive length, and the design of either a wall or decorative fence must be compatible with the architecture of the building or other architectural features of the site.

Shared parking standards:

The number of shared spaces for two (2) or more land uses shall be determined by the following procedure:

Determine the minimum amount of parking required for each individual use, as set forth within Appendix H, Schedule of Parking Requirements, attached hereto and adopted as part of this chapter.

[2]

Multiply the minimum parking required for each individual use by the appropriate percentage indicated in Table 1 below, for each of the six (6) time periods.

Table I
Shared Parking Calculations
Land Use	Weekdays			Weekends
Land Use	Midnight -7 AM	7AM - 6PM	6PM- Midnight	Midnight - 7 AM	7AM - 6PM	6PM - Midnight
Recreation/ Entertainment	10%	55%	85%	10%	80%	100%
Education	5%	95%	80%	0%	95%	80%
Places of Worship	5%	10%	5%	5%	100%	50%
Retail Sales and Personal Services	5%	75%	60%	5%	90%	55%
Office/Warehouse/Light Industry	5%	90%	5%	5%	15%	5%
Restaurants	10%	55%	95%	15%	70%	100%
Residential (Accessory Apartments)	100%	60%	95%	100%	75%	95%
Hotels	90%	60%	100%	90%	60%	100%
Theater	0%	50%	95%	0%	60%	100%
Public Assembly	0%	95%	80%	0%	95%	80%
Hospitals	20%	75%	50%	20%	75%	50%
Day Care Center	0%	52%	5%	0%	0%	0%

[3]

Add the resulting sums for each of the six (6) columns.

[4]

The minimum parking requirement shall be the highest sum among the six (6) columns.

[5]

Select the time period with the highest total parking requirement and use that total as the "calculated" shared parking requirement.

[6]

Applicants requesting use of off-site shared parking, as a means of satisfying off-street parking requirements shall submit a shared parking analysis to the Board Engineer that clearly demonstrates the feasibility of shared parking. The study must be provided in a form established by the Board Engineer. It must address, at a minimum, the spatial relationship between the use and the off-site parking location, the size and type of the proposed development, the composition of tenants, the combined parking demand of all uses that will be sharing the parking lot and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

[7]

A shared parking plan will be enforced through written agreement among all owners of record. The owner of the shared parking area shall enter into a written developer's agreement with the Township with enforcement running to the Township providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and that the owner agrees to bear the expense of recording the agreement and such agreement shall bind his heirs, successors, and assigns. An attested copy of the agreement between the owners of record shall be submitted to the Board Engineer for review and recordation in a form established by the Township Attorney. Recordation of the agreement must take place before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided on site in accordance with the off-street parking schedules in this section. The written agreement shall be voided by the Township if other off-street facilities are provided in accord with these zoning regulations.

[8]

Change in use. Where the uses subject to a shared parking agreement change, the Board Engineer or designee shall have the authority to require a revised shared parking study, a new shared parking agreement and that the Applicant appear before the applicable Board for a public hearing when the revised shared parking study indicates additional parking is required.

A reduction in spaces can be made for shared parking if all of the items listed below are satisfied:

Each parking space is usable by any visitor; that is, no restrictions have been placed on the use of the spaces.

[2]

There has been a Cooperative Parking Agreement between the owners (or lessees) of the buildings participating in the shared parking.

[3]

The reduction in parking is no greater than twenty percent (20%).

Parking provided on same lot as principal building:

Off-street parking spaces shall be located on the same lot as the main building to be served unless all shared parking requirements are met.

Requirements for combined uses:

The number of off-street parking spaces required by land or buildings used for two (2) or more purposes shall be the sum of the requirements for the various individual uses, unless in conformance with the shared parking requirements of this section.

§ 55-174 MINIMUM LOADING REQUIREMENTS.

Adequate off-street loading and maneuvering space shall be provided for every retail or wholesale commercial and/or industrial use. The following standards shall be applied:

There shall be a minimum of one (1) space per retail or wholesale commercial and/or industrial use, except that where more than one (1) use shall be located in one (1) building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of loading spaces based on the number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses, and shall have site plan approval.

There shall be a minimum of one (1) trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If a container used for trash/garbage collection functions is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container(s) in no way interfere(s) with or restrict the loading and unloading functions.

Where any use is located on a tract of at least fifty (50) acres and no portion of a loading area, including maneuvering areas, is closer than two hundred (200) feet to any property line and where the length of the driveway connecting the loading area to the street is at least three hundred (300) feet, the number of off-street loading spaces may be less than the number required by the below schedule, provided that the applicant, as part of the site plan, shall document to the approving authority how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.

Required Number of Off-street Loading Spaces. The required number of off-street loading spaces shall be as follows:

School: one (1) loading space.

Hospital with a gross floor area under ten thousand (10,000) square feet: one (1) loading space; from ten thousand (10,000) to thirty thousand (30,000) square feet of gross floor area: two (2) loading spaces.

Funeral home: one (1) loading space.

Office, hotel retail service, wholesale, warehouse, manufacturing or processing or repairing uses with a gross floor area under ten thousand (10,000) square feet: no loading spaces required; from ten thousand (10,000) to twenty-five thousand (25,000) square feet of gross floor area: two (2) loading spaces; from forty thousand one (40,001) to sixty thousand (60,000) square feet of gross floor area: three (3) spaces; from sixty thousand one (60,001) to one hundred thousand (100,000) square feet of gross floor area: four (4) loading spaces.

Off-street loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to and that no accessory space or portion thereof shall serve as a required space for more than one (1) use.

Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.

Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.

No off-street loading and unloading area shall be permitted in any required front yard area.

§ 55-175 LOCATION OF PARKING AND LOADING AREAS.

Loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly serve the building for which the space is being provided. Loading spaces shall be located at least twenty (20) feet from any building being served. No off-street parking or loading space shall have direct access from a street.

No loading and parking spaces shall be located in any required buffer area.

Parking spaces located to serve multifamily residential uses shall be within one hundred fifty (150) feet of the entrance of the building and within three hundred (300) feet of commercial/industrial uses.

No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.

§ 55-176 MISCELLANEOUS PERFORMANCE STANDARDS.

Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see § 55-171 "Lighting," in this Article.

Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.

Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection of the New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.

Vibrations.

Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in three (3) mutually perpendicular directions simultaneously.

Vibration level restrictions. Vibration levels shall not exceed a particle velocity of five-hundredths (.05) inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of two-hundredths (.02) inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.

Airborne Emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, N.J.D.E.P. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:

Steam emissions. No visible emissions of steam having an equivalent capacity greater than sixty percent (60%) and except direct results of combustion shall be permitted within five hundred (500) feet of a residential district.

Toxic matter. Emissions of chemicals, gases, components or elements listed as being toxic matter by the American Conference of Governmental Hygienists, the New Jersey Department of Labor and Industry or the United States Environmental Protection Agency shall not exceed the threshold level, as determined in accordance with ASTM D1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of said toxic matter comply with the applicable regulations of the New Jersey Department of Environmental Protection, the New Jersey Department of Labor and Industry and the United States Environmental Protection Agency. Proof of compliance shall require the submission of duplicate copies of certifications or permits from the New Jersey Department of Environmental Protection and the New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.

Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

Noise Emissions.

Standard. Noise shall be measured with a sound level meter complying with the standards of the American National Standards Institute, American Standards Specifications for General Purpose Sound Level Meters (ASI S1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurements shall be conducted in accordance with the American Standard Method for the Physical Measurements of Sound (ANSI S1.2-1961 or its latest revision).

Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except that in any residential district, the A-weighted sound levels shall not exceed forty-five (45) dBA during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply.

Noise Level Restrictions
Performance Category	Maximum Level Permitted	Where Measured
Residential districts	55/dBA	On or beyond the neighboring use or lot line
Agricultural districts	60/dBA	On or beyond the neighboring use
All other districts	65/dBA	On or beyond the district boundaries

Exclusions and permitted variations.

The levels specified in the table may be exceeded once by ten (10) dBA in a single period of fifteen (15) minutes, during one (1) day.

Peak values of short duration, also known as impact noises, may exceed the values specified in the table by twenty (20) dBA or have a maximum noise level of eighty (80) dBA, whichever is more restrictive.

Noises, such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use, are excluded from the above limitations.

Storage and Waste Disposal.

In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.

All flammable, explosive and/or combustible material shall be stored in accordance with the codes of the National Fire Protection Association or the New Jersey Department of Labor and Industry, whichever is more restrictive.

All outdoor storage facilities for fuel, raw materials and products stored outdoors wherever permitted shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.

§ 55-177 PRINCIPAL USE.

No lot shall have erected upon it more than one (1) principal permitted use. No more than one (1) principal building shall be permitted on one (1) lot, except that commercial uses, shopping centers, apartment and condominium projects and industrial complexes, all receiving site plan approval, may be permitted to have more than one (1) building on a lot in accordance with standards of the zoning district in which they are located.

§ 55-178 PUBLIC UTILITIES.

DIVISION 1: EAST AND WEST OF PARKWAY

All public services shall be connected to an approved public utilities system where one exists.

The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service utilities from such overhead lines. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

Any installation under this section to be performed by a servicing utility shall be exempt from requiring performance guaranties, but shall be certified by the servicing utility, in writing, that all improvements have been satisfactorily constructed. Said certification shall be provided prior to release of the performance bond.

Public utility uses, such as water towers, pumping stations, electric substations, radio towers and transmission lines, which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

Adequate attractive fences and other safety devices will be provided.

Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.

DIVISION 2: EAST OF PARKWAY

F. All dwellings in the RHA and Clustered Development District, including but not limited to two-family dwelling, garden apartments, townhouses or adult community housing, shall be provided with approved and functioning public water and sanitary sewer systems and connected to same prior to issuance of a certificate of occupancy.

DIVISION 3: WEST OF PARKWAY

G. All dwellings in the MH District, along with Adult Community Housing in the RL/AC Zone shall be provided with approved and functioning public water and sanitary sewer systems and connected to same prior to issuance of a certificate of occupancy.

§ 55-179 QUASI-PUBLIC BUILDINGS AND RECREATIONAL AREAS.

Quasi-public buildings and recreational areas, including clubhouses, parks, schools, colleges, universities, playgrounds, swimming pools, tennis courts, etc., and other such activities operated by nonprofit membership organizations may be permitted as conditional uses or permitted accessory uses in the districts designated, provided that they comply with the following standards and conditions:

A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing articles of incorporation and trade name certificate, if any, required to be filed with the approving authority.

It is ascertained by the approving authority that the proposed use is a bona fide, nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.

It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the sale and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the district and that sufficient landscaping, including shrubs, trees and lawns, is provided to serve as a buffer between said use and the adjoining properties and in order to assure an attractive appearance for the use.

No building, structure or active recreation facility shall be located within fifty (50) feet of the lot line of a residentially zoned lot.

§ 55-180 AUTOMOTIVE FILLING STATIONS.

[Amended 8-17-98 by Ord. No. 1998-13 § 10—12; Ord. No. 1998-14 § 8—11]

All storage areas, trash facilities, pits, lifts and working areas shall be within a building except as approved by the Board as part of a site plan application. All lubrication, oil changing, maintenance or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.

All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least sixty (60) feet and from any other property line at least fifty (50) feet. A minimum space of twenty-five (25) feet shall exist between any two (2) islands and between any island and the service station building.

No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six (6) motor vehicles may be located outside a service station building for a period not to exceed five (5) days, provided that the owners are awaiting the repair of said motor vehicles.

The exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed twenty percent (20%) percent of the total area of the entire site, the maximum sign area for a service station is not exceeded and that the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the traffic circulation indicted on the approved site plan.

It is intended that service stations be designed compatibly with other permitted commercial or industrial uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

Convenience stores or mini-marts may be permitted as an ancillary use to automotive filling stations provided that:

They contain not more than two thousand (2,000) square feet of gross floor area;

Additional on-site parking for the convenience store is provided in accordance with § 55-173 (Minimum Parking Requirements) of this Code;

The location and access for the convenience store does not impede or interfere with vehicular circulation to and from the fuel pumps.

A canopy, consisting of a roof-like cover that is supported by bone or more columns or stanchions, without side walls, used primarily to shield fuel pumps from the elements, shall be permitted subject to the following:

The minimum canopy setback shall be twenty-five (25) feet;

The thickness of said canopy or the dimension measured from the topside to the underside of the canopy shall be greater than thirty (30) inches;

The height of said canopy shall not exceed fifteen (15) feet as measured to the bottom of the canopy;

All lighting shall be designed so as not to cause glare and whenever possible focused downward so as not to have any adverse effect upon surrounding properties or traffic safety. Any outdoor lighting, canopy lighting, legend or signage on the sides of the canopy or any other type of signs, and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon the surrounding area.

§ 55-180.1 Automotive Repair Garages.

[Added 8-17-98 by Ord. No. 198-14 § 11]

Automotive repair garages may be a permitted use or a conditional use in those zoning districts where specified, provided that the use and/or structures shall adhere to the minimum standards of that zone and the following:

Automotive repair garages shall have a lot area of not less than twenty thousand (20,000) square feet with a minimum frontage of one hundred twenty-five (125) feet on one (1) street. If the lot requirements for the zone are greater, that shall take precedence.

No outside oil drainage pits or hydraulic lifts shall be permitted.

Any repairs or motor vehicles shall be performed in a fully enclosed building.

All motor vehicles awaiting repair or under repair which are stored out-of-doors shall be screened from public view by a solid fence and/or evergreen plantings as required by the Planning Board or Board of Adjustment.

No motor vehicle awaiting repair or under repair may be stored out-of doors within the required front yard setback area within twenty (20) feet of any side or rear lot line or within fifty (50) feet of any adjoining residential lot, zone or use.

If gasoline or other fuel pumps are proposed, § 55-180 of this Code, pertaining to automotive filling stations shall also be applicable to the proposed use and site plan review.

The maximum lot coverage by buildings shall be twenty percent (20%) of the lot area.

The minimum unoccupied open space shall be thirty percent (30%) of the lot area.

§ 55-181 SIGNS.

[Amended 8-4-97 by Ord. No. 1997-17 § 1]

§ 55-181.1 Division I: East of Parkway.

Definitions.

Construction sign shall mean any on-site sign advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction.

Contractor sign shall mean any on-site sign advertising the name or business of a mechanic, contractor or artisan performing work on the premises where the sign is placed.

Developer signs shall mean any on-site or off-premise sign identifying or directing traffic to a particular site or development for an approved period of time longer than thirty (30) days.

Home occupation signs shall mean any sign for a home occupation as defined in § 55-300, in a residential or commercial district, duly approved by the Site Plan Review Subcommittee or municipal Board pursuant to §§ 55-5E and 55-141.

Information and direction signs shall mean House number designations, household name plates, postal boxes, on-site directional and parking signs.

Off-premise sign or off-premise advertising shall mean any sign or advertising on a property other than the property where the use is located.

Political signs shall mean any sign temporarily giving notice of any municipal, county, State or national election campaigns.

Public utility signs shall mean any sign needed for the identification, protection and operation of public utilities facilities.

Real estate sign shall mean any sign temporarily advertising the sale, rental or lease of the premises or portion thereof on which the sign is erected.

Residential district shall mean any property within the R-6, R-7.5, RC-7.5, R-10, R-20. R-40, or R-MF Zones; and properties in other Zones on which a residential dwelling unit exists, exclusive of properties with an approved commercial use and an accessory apartment.

Sign shall mean any building or structure or portion thereof on which any announcement, declaration, display, demonstration, illumination, insignia, or other visual communication is used to advertise or promote the interest of any person, products, use or service when the same is placed in view of the general public.

Special event sign shall mean any sign advertising a fair, bazaar, flea-market, dance, race, or special event promoting commerce, tourism or industry, holiday celebration, or other public event sponsored by the Township of Barnegat, a nonprofit entity or other civic organization. Signs erected by an ongoing business, commercial enterprise or an individual, as a means of furthering its purpose or as means of selling real property shall not fall within this special activity designation.

Temporary sign shall mean any sign approved for a period of time not to exceed thirty (30) days, exclusive of "construction signs", "contractor signs" and "developer signs".

Warning signs shall mean any announcement or admonition sign such as "Beware of Dog", "Private Property", "No Trespassing, "No Hunting" or, advising the public of the use of herbicides or pesticides.

General Provisions.

No sign shall be placed on, or attached to a building, or erected independently, for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein.

No billboards, commercial billboards or off-premise sign shall be erected or replaced except as otherwise specifically provided within this section for "developers signs."

Any sign having a message which in and of itself is lewd and licentious or advocates an act in violation of any municipal, county, State or Federal law shall be prohibited.

No signs shall be erected, altered or replaced which are not in accordance with the standards established in this section.

No sign except traffic signs and those of a duly constituted governmental body shall be erected within the street right-of-way.

No sign shall be placed on any property without the consent of the property owner.

No sign of any type shall be permitted to obstruct driving vision, pedestrian or vehicular traffic, traffic signals, traffic directional and identification signs, walkways, entrances, exits, fire escape, doorways, other places of business, or other signs or windows of the building on which they are located, or in any way affect the safety of the public. The Township of Barnegat is authorized to remove any such sign at the expense of the permittee or owner of the property upon which it is located or person or entity responsible for erecting the sign.

No signs shall be attached to utility poles, public structures, trees, stumps, fence-posts, other signs or sign posts, but shall be free-standing or attached to buildings in accordance with this section, except as otherwise provided herein for "warning signs".

No sign shall be erected so as to project over the property line.

No signs shall be clustered and no Commercial. Shopping Center or Office Complex Identification Signs shall contain signs for individual tenants except a part of an approved Site Plan or with waiver of Site plan approval by the appropriate municipal agency pursuant § 55-141B.

Standards.

Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Height. No free-standing sign shall be higher than twenty-five (25) feet measured from the crown of the road or the top of the curb closest to the sign. The minimum clearance for a sign extending more than six (6) inches beyond a building facade or wall over a pedestrian way shall be nine (9) feet from the lowest part of the sign to the walkway.

Free-standing signs. Free-standing signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support for a free-standing sign. One (1) such sign not to exceed eighty (80) square feet in area and not extending beyond a vertical plane two (2) feet inside the lot from the street line shall be permitted on an industrial or commercial site. Any such signs shall be in lieu of, and not in addition to other multiple sign structures permitted in this section.

Illuminated signs.

Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets.

Any source of light shall be steady and stationary and shall not have detrimental off-premises effects.

Signs shall not cast objectionable light upon any dwelling, residential lot or mixed residential/commercial use.

No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.

Home occupation signs: Home occupation signs are permitted in residential and commercial districts for such uses approved by the Site Plan Review Subcommittee or Municipal Board pursuant to Sections 55-5; 55-141 and 55-226 of the Barnegat Township Land Use Code. No such sign shall exceed four (4) square feet in area or be higher than five (5) feet above grade level and shall not extend beyond a vertical plane two (2) feet inside the property line. No other displays or changes in facade that alter the residential character of the building shall be permitted in any residential district.

Information and Direction Signs: Information and direction signs, such as those indicating entrance, exit, parking, etc., are permitted in all zoning districts but are not considered in calculating sign area. No such sign shall exceed three (3) square feet in area. House numbers shall be a minimum of three (3) inches in height and shall be of a reflective material or contrasting color for easy identification by emergency vehicles.

Maintenance: Signs, and in the case of freestanding signs, the mounting area on the ground level beneath the sign must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.

Signs which are not maintained as noted herein shall be subject to removal ten (10) days after written notice from the Zoning Officer and revocation of any permit(s).

Signs advertising commercial products and services no longer in use shall be removed within thirty (30) days of the termination of use.

Any sign erected without permit approval shall be subject to removal upon direction by the Zoning Officer.

Any sign removed at the direction of, or after written notice by the Zoning Officer shall be at the expense of the permittee or owner of the property upon which it is located.

Multiple sign structures. Commercial, industrial, shopping center or office complexes with multiple tenants shall be permitted to erect identification signs containing signs for individual tenants as part of an approved site plan or with site plan waiver approval by the appropriate municipal agency. Multiple sign structures shall be free-standing and not attached to any building. Such structures shall be supported by one (1) or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be used as a support. A maximum of two (2) such signs shall be permitted for any one (1) site, and the maximum area of the sign portion itself shall not exceed one hundred (100) square feet measured on one (1) side. Any such signs shall be in lieu of and not in addition to other free-standing signs permitted in this section.

Political signs. Political signs shall be located on private property set back so as to not interfere with the site triangle at intersections or driveways and in no other way interfere with pedestrian or vehicular vision and safety. No such sign shall exceed four (4) square feet in area. Signs shall be permitted in all zoning districts within forty-five (45) days prior to any election and shall be removed within seven (7) days after the election. Political signs do not require a permit.

[Amended 5-7-12 by Ord. No. 2012-11]

Projecting signs. One (1) projecting sign shall be permitted on any commercial or industrial site. Such signs shall not project beyond a vertical plane two (2) feet inside the lot from the street line, shall not extend more than eight (8) feet from the building, shall not exceed sixteen (16) square feet in area, and shall be no closer than nine (9) feet from the lowest part of the sign to the ground or any walkway.

Public utility signs. Public utility signs shall not exceed two (2) square feet in area and do not require a permit.

Real estate signs. Real estate signs shall be located on private property and, if not attached to the building, shall be set back from all street property lines at least five (5) feet. Signs shall not exceed six (6) square feet in area and shall be removed at the expense of the advertiser within thirty (30) days after completion of the business being advertised. Sold signs shall be permitted between the signing of the contract of sale and the date of the legal closing. Temporary directional real estate signs may be temporarily erected to advertise an "Open House" hosted by a licensed New Jersey real estate broker or agent, provided such signs are erected for a period not to exceed six (6) consecutive hours in one (1) day and are thereafter immediately removed. All real estate signs do not require a permit.

[Amended 8-20-01 by Ord. No. 2001-32]

Sign area: The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework or bracing incidental to the display itself.

Signs with two (2) exposures. Such signs shall be measured for area by using the surface of one (1) side of the sign only. Both sides may be used. The sign shall be considered two (2) signs where the sides of the sign form more than a forty-five degree (45°) angle from each other.

(15)

Wall, fascia or attached signs. Wall, fascia or attached signs shall be firmly secured to the exterior of a building. Parallel attached signs shall not project more than six (6) inches from the building nor shall they project beyond the end of the building wall upon which they are attached, and shall not occupy more than twenty percent (20%) of the total area of the wall or facade upon which it is attached, provided further it does not exceed one hundred (100) square feet. Such signs shall not project more than three (3) feet above the roof line or parapet wall.

(16)

Warning signs. Warning signs shall not exceed one (1) square foot in area and shall not be placed closer than fifty (50) feet to each other. Unless mounted on a fence inside the property line, they shall be placed no closer than one (1) foot from a property line or right-of-way. Warning signs do not require a permit.

(17)

Window signs. Signs placed on the interior of a window shall not be considered in computing the allowable signs and do not require a permit provided, however, that such interior signs shall not exceed twenty-five percent (25%) of the total window area.

(18)

Temporary signs.

Social event signs. Temporary signs advertising special events shall not exceed thirty-two (32) square feet in area and shall be erected or placed so as not cause a safety hazard. Such signs do not require a permit and are allowed one (1) month prior to the event being advertised and must be removed within ten (10) days following the conclusion of the event.

Banner style signs. Temporary banners of a noncommercial nature extending across the street right-of-way do not require a sign permit, provided that permission is obtained from the Township Committee and that they meet the traffic and safety standards and duration of display specified in paragraph (a) hereinabove.

Construction signs. One (1) on-site temporary construction sign shall be permitted, not exceeding thirty-two (32) square feet in area for the period of construction, renovation or alteration, provided that said sign is not on any existing or proposed street or easement and is set back at least ten (10) feet from all street and lot lines. Construction signs do not require a permit but shall be removed prior to the issuance of the first certificate of occupancy, certificate of continued occupancy, certificate of approval or temporary certificate of occupancy.

Contractor signs. One (1) on-site temporary contractor sign shall be permitted only during the period when the mechanic, contractor or artisan is actively performing work on the lands or premises where the sign is placed. The sign shall not exceed twelve (12) square feet, inclusive of all mechanics, contractors or artisans performing work on said premises, and shall be set back at least ten (10) feet from all street and property lines. Contractor signs do not require a permit but shall be removed prior to the issuance of the first certificate of occupancy, certificate of continued occupancy, certificate of approval or temporary certificate of occupancy.

Developer signs (on-site). Development projects that have received final Planning or Zoning Board approval shall be allowed to construct an on-site temporary sign identifying the project. The applicant shall submit a copy of the final site plan or subdivision map showing the exact location of the proposed sign and shall conform to the general provisions and standards of this section. One (1) sign structure per site shall be permitted and shall not exceed thirty-two (32) square feet in area. Such signs are to be removed when the site's permanent sign is installed, construction is completed, prior to requesting release of bonds or performance guarantees, or whenever the project is dormant for more than three (3) months.

Developer signs (off-premise): Any off-premise sign directing traffic to a development site, sales office, model homes, etc., shall require a change of use application for site plan exemption and approval by the Site Plan Review Subcommittee of the Planning Board pursuant to §§ 55-141 and 55-226 of the Barnegat Township Land Use Code. In reviewing the application, the Site Plan Subcommittee shall apply the following criteria: Prior to submitting application, the applicant shall obtain outside agency approvals (or letter of no interest) as may be required by reason of jurisdiction by the New Jersey Department of Transportation, County of Ocean, Pinelands Commission, Department of Environmental Protection, etc. Signs shall not exceed four (4) square feet in area and three (3) feet in height measured from the crown of the road or the top of the curb, except a maximum height of two and one half (2 1/2) feet within a sight triangle. Off-premise signs shall not be clustered and no such sign shall be placed within fifty (50) feet of any other sign.

Garage sale signs: In addition to the general provisions and standards of this section, garage or yard sale signs shall be subject to the requirements for signs under the General Codes, Chapter 49 (Garage Sales) and Chapter 55C (Anti-Litter Ordinance), but do not require a sign permit.

Mobile Signs. Signs upon vans, truck beds or other vehicles are prohibited in all zoning districts within the Township.

Portable signs. Folding A-frame signs or sandwich board signs shall be permitted only during hours of operation of a business and otherwise stored indoors at all times. Such signs shall not exceed eight (8) square feet on each side and shall not interfere with vehicular or pedestrian traffic and otherwise comply with all general provisions and standards for vision clearance and public safety.

(19)

Street Signs. Street signs shall be in conformance with the New Jersey Department of Transportation Standards and the Manual on Uniform Traffic Control Devices for Streets and Highways. The location of street signs shall be determined by the Township Engineer, but there shall be at least two (2) street signs furnished at each intersection. All signs shall be installed free of visual obstruction.

Signs in Commercial and Industrial Districts. Properties in Commercial and Industrial Zones within the Township of Barnegat shall be permitted to have: One (1) free-standing sign, one (1) projecting sign and one (1) wall sign, except that properties with frontage on more than one street shall be permitted one (1) additional sign for each additional street frontage provided that such signs shall be in lieu of and not in addition to either signs for those additional facades and frontages.

Commercial, industrial, shopping center or office complexes with multiple tenants shall be permitted to erect two (2) identification signs containing signs for individual tenants. Such signs shall be in lieu of, and not in addition to other permitted free-standing signs.

Signs in the Barnegat Historic District. The following regulations shall apply to all properties within the Barnegat Historic District (hereinafter "BHD"), and shall be in addition to the general provisions and standards of this section.

General Regulations.

Prior to filing any application for signs within the BHD, applications are to be submitted for review and report by the Historic Preservation Commission or by the chairperson of said Commission pursuant to Chapter 11C of the Barnegat Township Code § 11C-9 (as amended by Ordinance No. 1995-9), § 11C-10 and the Land Use Code § 55-33. The Historic Preservation Commission or its chairperson shall provide guidance regarding the overall design, materials, lettering and colors that will be appropriate to individual properties and to the BHD.

Multiple sign structures and identification signs for commercial, industrial, shopping center or office complexes, containing individual signs for multiple tenants shall not be permitted within the BHD, except as otherwise provided hereinbelow in this section.

No developer signs, off-premise signs or off-premise advertising shall be permitted within the BHD.

Signs shall not be lighted from within but shall be illuminated from the outside according to the General Provisions and Standards of this ordinance. Neon signs are prohibited.

Signs, including supports, shall be no higher than thirteen (13) feet measured from the crown of the road or the top of the curb, provided further that no sign shall be higher than the cornice or parapet of the building it serves.

Signs shall not be painted directly unto walls or other architectural elements except where appropriate historic precedent exists and, with approval by the Historic Preservation Commission or its chairperson and the Planning Board or its Site Plan Review Subcommittee.

Signs shall not conceal any architectural elements that contribute to the historic character of the building.

All vending machines must be located inside a building and in no case shall they be placed outdoors or on a sidewalk area.

Signs in the R-7.5 Residential Zone. The following signs shall be permitted on residential properties:

Home occupation signs.

Information and direction signs (house numbers are exempt from review by the Historic Preservation Commission.)

Real Estate Signs.

Warning Signs.

Signs in the CV Village Commercial Zone. Residential properties in the CV Zone shall be permitted the signs allowed in the R-7.5 Zone. The following signs shall be permitted for nonresidential properties in the CV Zone according to the general provisions and standards of this section and further subject to the following regulations:

Maximum number of signs. Only one (1) sign shall be permitted to any site and can be either a free-standing, projecting or wall signs, except as otherwise provided herein.

Maximum area of signs. Free-standing signs shall be single or double post with a sign area not to exceed twelve (12) square feet. Projecting signs shall not exceed fifteen (15) square feet in area, including trim. Wall signs shall not exceed fifteen (15) square feet, including trim.

Exceptions. Corner lot properties with double frontage within the BHD shall be permitted to erect their choice of any two (2) signs of the styles and size permitted hereinabove for the BHD, provided that only one (1) sign per street frontage is permitted.

Properties with multiple tenants or businesses within one (1) site may apply for a second sign listing multiple occupants, provided that the overall dimensions of such sign shall not exceed the maximum area permitted hereinabove for that type or style of individual sign within the BHD, and further provided that all components of any list must be uniform in scale and design.

Temporary Signs. No temporary sign, other than those listed hereinbelow and in compliance with their specific requirements and standards shall be permitted within the BHD:

Special event and banner style temporary signs when in compliance with the standards set forth in paragraph C18(a) and (b) of this section.

Construction signs not to exceed an area of six (6) square feet.

Contractor signs not to exceed an area of three (3) square feet.

Garage sale signs subject to the general provisions and standards of this section, and to the requirements for signs under the General Codes, Chapter 49 (Garage Sales) and Chapter 55C (Anti-Litter Ordinance).

Jurisdiction.

All signs within the Township of Barnegat shall be subject to the provisions of this section.

Additional permits may be required by reason of jurisdiction by the New Jersey Department of Transportation, County of Ocean, Department of Environmental Protection, etc.

All signs west of the Garden State Parkway shall also be subject to the mandatory sign provisions for the Pinelands. § 55-299D and as noted within Article II of the Land Use Code.

Permits, Fees.

All signs, excluding those specifically exempted within this section, shall require a sign permit from the Zoning Officer and, if applicable, a building permit from the Construction Code Official. The applicant shall furnish the Zoning Officer a fee as required and the necessary information from which to determine whether the subject sign meets the requirements of this section.

Any sign exceeding the maximum area, height, or otherwise not in conformance with the requirements of this section shall require application and approval for minor site plan with waiver(s).

Individual signs placed within a multiple sign structure subsequent to its installation shall require a separate permit.

Where the erection of a sign has not been completed within six (6) months after the date of issuance of the permit, the permit shall become null and void and subject to reapplication. The Zoning Officer shall have the discretion to grant a reasonable continuation of time where unavoidable conditions prevented the initiation or completion o' work within the prescribed time period.

Fees shall be established pursuant to the requirements of § 55-80.1 of the Land Use Code.

Exemptions. Notwithstanding the provisions of this section, the Township Committee in its absolute and sole discretion, or by contract or agreement, may provide advertising for any business, organization or use, when such advertising is deemed to be in furtherance of the public good, health, safety and/or general welfare.

Enforcement.

If the Zoning Officer shall find that any sign regulated herein is unsafe, insecure, in need of repair, equipped with flashing or blinking lights, or otherwise in violation of this section, the Zoning Officer shall give written notice to the owner thereof or to his/her attorney. If the owner fails to remove, alter or repair the sign within ten (10) days after such notice, the Zoning Officer may initiate further action as provided in this section in order to abate or remedy the violation.

Upon failing to comply with the violation notice from the Zoning Officer within the time specified, the Zoning Officer is authorized to cause the removal of the sign and any expense incidental thereto shall be paid by the permittee or owner of the property upon which the sign is located.

Violations and remedies.

Penalties. Any violation of any provision of this section shall be punishable upon conviction by a fine of not less than fifty ($50.00) dollars and not to exceed one thousand ($1,000.00) dollars; or by imprisonment in the county jail for any term not exceeding ninety (90) days; or by a period of community service not exceeding ninety (90) days; or by a combination of any of the above. The following individuals shall be subject to potential punishment:

The owner, tenant or occupant of a building, premises, or part thereof where such a violation has been committed or does exist; and

Any agent, contractor, corporation or other person who commits, takes part or assists in the violation.

Each day a violation continues shall constitute a separate and distinct offense, punishable as such in accordance with the following:
(a)	A minimum penalty of one hundred ($100.00) dollars per day shall be imposed; and
(b)	Any person or entity who is convicted of violating any provision of this section within one (1) year of the date of a previous violation of the same provision of this section, and who was fined for the previous violation, shall be sentenced by the Municipal Court an additional fine as a repeat offender. The additional fine imposed by the Court upon such person or entity for a repeat offense shall not be less than the minimum fine fixed for a violation of the section, but shall be calculated separately and in addition to the fine imposed for the violation of this section.
The imposition of penalties herein shall not preclude the Township of Barnegat or any other person from instituting an action to prevent the unlawful construction, reconstruction, installation, alteration, repair, conversion or use of a sign, or to restrain, correct or abate a violation.

Injunctive and other relief. In addition to the foregoing, the Township of Barnegat may institute and maintain a civil action for injunctive or other relief as provided in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and other applicable laws.

Waivers. The Planning Board or, when having jurisdiction of an application for development the Zoning Board of Adjustment, shall have the power to grant exceptions from the requirements of this section if an applicant or his or her agent shall clearly demonstrate to the Planning Board or the Board of Adjustment that, because of peculiar conditions pertaining to his or her property, the literal enforcement of the requirements of this section is impracticable or will exact undue hardship. However, any exception granted by municipal agency must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this section.

§ 55-181.2 Division 2: West of Parkway.

Signs may be erected and maintained only when in compliance with the provisions of this chapter and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices. All signs, where permitted in this chapter, are subject to the following:

Signs shall not contain moving parts or use flashing or intermittent illumination. The source of light shall be steady and stationary.

Signs shall not cast objectionable light upon any dwelling or mixed use dwelling on a separate lot.

Signs shall be no higher than thirty-five (35) feet from the ground to the highest part of the sign.

Signs shall not be so erected as to obstruct entrance to or exit from a required door, window, fire escape or other required exit way.

Temporary signs and banners of a noncommercial nature across the right-of-way are permitted as an exception by the Zoning Board of Adjustment, provided that permission is obtained from the Township Committee, they are erected in a location in which they will not cause a traffic hazard, they meet safety standards and are maintained and removed when their temporary use is completed.

Signs in Residential Districts. The following types of signs may be permitted in residential districts unless otherwise provided:

One (1) nameplate and one (1) house number sign for each dwelling unit, professional office or home occupation, provided that it does not exceed four (4) square feet and identifies only the name and title of the occupant. It shall not extend beyond a vertical plane two (2) feet inside the lot from the street line. If lighted, it will be illuminated without objectionable glare. No displays or changes in facade shall indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling.

A real estate sign, provided that it is unlighted, is not closer to a right-of-way than one-half (1/2) the depth of the existing front yard, does not exceed six (6) square feet in area and pertains either to the lease, rental or sale of the premises on which it is maintained. Signs shall be removed at the expense of the advertiser within thirty (30) days after completion of the business being advertised. Sold signs shall be permitted between the signing of the contract of sale and the date of the legal closing. Temporary directional real estate signs may be temporarily erected to advertise an "Open House" hosted by a licensed New Jersey real estate broker or agent, provided such signs are erected for a period not to exceed six (6) consecutive hours in one day and are thereafter immediately removed. All real estate signs do not require a permit.

[Amended 10-1-01 by Ord. No. 2001-34]

Signs, up to two (2) feet square in area on each side, which are necessary for the identification, protection and operation of public utility facilities.

Signs in Industrial and Commercial Districts. The following types of signs may be permitted in industrial and commercial districts. No sign shall be erected that interferes with or obstructs navigation.

One (1) wall sign to a property, provided that it is attached to the wall of a building and projects horizontally not more than twelve (12) inches therefrom, is not less than ten (10) feet above the sidewalk and occupies not more than twenty percent (20%) of the total area of the front of the principal building. It shall not project more than three (3) feet above the roof line or parapet wall.

One (1) projecting sign, provided that it shall not project beyond a vertical plane two (2) feet inside the lot from the street line.

One (1) freestanding sign not to exceed eighty (80) square feet in area shall not extend beyond a vertical plane two (2) feet inside the lot from the street line.

General shopping district identification signs, provided that they are separate and not attached to any building, a maximum of two (2) such signs for any one (1) general area. The height of the signs shall be a maximum of twenty (20) feet measured from the ground, and the maximum size of the sign portion itself shall not exceed one hundred (100) square feet.

Commercial Signs. Commercial sign structures may be erected subject to a permit granted by the Zoning Board of Adjustment, provided that such commercial sign structures do not exceed three hundred (300) square feet in surface area and are spaced at intervals of not less than one thousand (1,000) feet along the same side of any street, railroad or highway. No commercial sign structure shall be located within one hundred (100) feet of any street intersection or intersection of any street with any railroad.

[Added 5-21-12 by Ord. No. 2012-13]

§ 55-182 STORAGE OF BOATS, TRAVEL-TRAILERS AND COMMERCIAL VEHICLES.

The outdoor storage of an unoccupied recreational vehicle, motor home, travel-trailer, camper, boat, or commercial vehicle shall be permitted on single-family properties, provided that:

With the exception of boats, such storage shall not be located closer than ten (10) feet to any street line.

A travel-trailer, camper or commercial vehicle shall not be closer than five (5) feet to the rear lot line.

No more than two (2) such recreational vehicles, motor homes, travel-trailers, campers, boats or commercial vehicles, or any combination thereof, shall be so stored.

No travel-trailer, camper or boat stored in conformance with this section shall remain in such storage for longer than twelve (12) consecutive months.

Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections other than those required for vehicle maintenance.

Automobiles, station wagons, small pickups or panel trucks with one (1) ton or less load capacity, jeep vehicles, travelalls and similar types of vehicles used for commercial purposes are permitted in all zones. Trucks and other commercial vehicles not mentioned above shall not be parked or stored between the hours of 9:00 p.m. and 6:00 a.m. in any residential zone.

Trucks and other commercial vehicles exceeding a one (1) ton load capacity may be parked in residential zones on lots containing one (1) acre or more.

No trailer, auto trailer, trailer coach, travel-trailer or camper shall be used for dwelling purposes or as sleeping quarters for one (1) or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction, provided that a temporary permit has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of same in camp grounds in conformance with all applicable ordinances and codes.

§ 55-183 SWIMMING POOLS.

[Amended 11-5-2020 by Ord. No. 2020-13]

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence. The pool shall meet the yard requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool and, including the areas surrounding the pool, including but not limited to any surrounding patio or deck, shall be set back twice the distance from the street line than is required for the principal building.

Pools shall otherwise be installed, operated, and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment fencing; noise; and lighting. A pool permit shall be obtained from the Building Official.

§ 55-184 ENERGY CONSERVATION.

DIVISION 1: PINELANDS - WEST OF PARKWAY

In reviewing any application for development, including applications for site plan, conditional use, variance, and/or subdivision approval, the municipal agency having jurisdiction shall also consider the manner in which the plan of the site provides for or promotes conservation of energy. The applicant shall take conservation of energy into consideration in his/her proposed development to the extent practicable or appropriate to the use and location.

§ 55-185 TRAFFIC CIRCULATION.

[Added 11-6-89 by Ord. No. 1989-33]

For major subdivisions and for site plans with parking for more than ten (10) vehicles, the applicant shall be responsible for off-tract circulation improvements. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:

The applicant shall submit with his application a traffic study which shall include the anticipated off-tract impacts of the project, proposed improvements to remedy the effects of these anticipated impacts and the existing and reasonably anticipated future peak hours for the off-tract improvements.

The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:

Total cost of enlargement or improvement	Capacity of enlargement or improvement (peak-hour traffic)
Developer's cost	Development peak-hour traffic to be accommodated by the enlargement or improvement.

§ 55-186 RECREATION AREAS.

[Added 5-16-88 by Ord. No. 1988-20; Amended 7-2-90 by Ord. No. 90-23; 2-2-04 by Ord. No. 2004-03; 7-5-05 by Ord. No. 2005-41]

In all major subdivisions and residential site plans, developers shall reserve an area of at least five percent (5%) of the total property and dedicate to the Township of Barnegat or to other public jurisdictions, quasi-public organizations or homeowner organizations. The developer shall improve this area for active and passive recreation. Plans for the improvement of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan. The developer shall have the option to post an off-tract assessment in the amount of one thousand five hundred ($1,500.00) dollars per lot or unit to be used for the construction of recreational facilities within the Township or provide services or property equal to said amount as determined and accepted by the Barnegat Township Planning Board.

In all PAC -Planned Adult Communities not less than twenty percent (20%) of the entire acreage of the PAC tract shall be used for a green area or open space. "Green area" or "open space" is defined as those areas of the PAC tract to 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. The developer of the PAC shall post an off-tract assessment in the amount of seven hundred fifty ($750.00) dollars per lot or unit to be used for the construction of recreational facilities within the Township or provide services or property equal to said amount as determined and accepted by the Barnegat Township Planning Board.

§ 55-187 DECKS.

[Added 9-11-95 by Ord. No. 1995-41 § 2 and Ord. No. 1995-42 § 3]

An attached deck may occupy up to fifty percent (50%) of the rear yard setback required for the principal building or structure on the lot, but shall be required to maintain all other required principal building side yard and front yard setbacks.

Ground level decks may be exempt from the required rear yard principal or accessory building setback requirements provided that the deck is accessory to a single-family or two-family residential dwelling and, provided further, that the deck is less than one (1) foot in height above the finished grade and has no rails or railings. No ground level deck with railings or rails shall be constructed without variance approval pursuant to law.

§ 55-188 FENCES.

[Added 9-11-95 by Ord. No. 1995-41 § 3 and Ord. No. 1995-42 § 3]

No fences shall be erected within the municipality without the owner of the premises or his representative, authorized in writing to make such application, first obtaining a permit from the Zoning Official.

§ 55-188.1 Application.

[Added 9-11-95 by Ord. No. 1995-41 § 2 and Ord. No. 1995-42 § 3]

Application for such fences shall be made in writing to the Zoning Officer of the Township of Barnegat, New Jersey and shall set forth the following information:

The owner and address of the premises where a fence is to be erected.

A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings.

A sketch or plan of the fence.

A certified plot plan or survey of the premises in question, which shall show streets abutting and at the nearest intersection and shall approximately indicate the location of structures within ten (10) feet of the fence.

§ 55-188.2 Design Standards.

[Added 9-11-95 by Ord. No. 1995-41 § 3 and Ord. No. 1995-42 § 3]

Fences shall be no closer than one foot to the Township road, street and/or right-of-way.

Fences not exceeding 48 inches in height above the ground level may be erected between the Township road, street and/or right-of-way and the front building line.

[Amended 8-3-2021 by Ord. No. 2021-12]

Fences not exceeding six feet in height above the ground level may be erected between the front building line to the side property lines and to the rear of the property.

Front fences on corner properties shall not block the line of sight triangle, as to interfere with vehicular traffic at the intersection.

[Amended 8-3-2021 by Ord. No. 2021-12]

Fences must be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Zoning Officer.

All fences must be erected within the property lines and no fence shall be erected as to encroach upon a public right-of-way.

Barbed wire fences on any common property with another dwelling or public right-of-way are prohibited.

No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such fence.

Any fence in any zoning district shall have its most pleasant or decorative side facing the adjacent lot with all posts being in the applicant's yard unless such posts or supports are an integral part of the decorative design of the fence.

§ 55-188.3 Exceptions.

[Added 9-11-95 by Ord. No. 1995-41 § 3 and Ord. No. 1995-42 § 3]

This section shall not apply to:

Fences accessory to farm operations.

Height of tennis court or recreation area fences, where permitted.

§ 55-188.4 Lagoon and Waterfront Properties.

[Added 9-11-95 by Ord. No. 1995-41 and Ord. No. 1995-42 § 3]

It is the purpose of this section to ensure that property owners in the area lagoon and waterfront properties should have an unrestricted view of the water or waterways adjoining their properties.

Any owner or property located on a body of water or lagoon shall be restricted to the use of see-through fencing along the side and rear of the property for a minimum distance of fifteen (15) feet from the bulkhead or rear property line so as not to obstruct the view of the lagoon. All living fences and hedges shall also adhere to the above-stated fifteen (15) feet limitation and shall not be constructed in a continuous non-see-through manner. The see-through fencing, living fence and hedges shall not be greater than forty-eight (48) inches in height from the grade of the land upon which it is erected. In addition, all fences within the front yard between the right-of-way and the building line shall be restricted to the use of see-through fencing not greater than forty-eight (48) inches in height from the grade of the land upon which it is erected.

[Amended 5-2-2017 by Ord. No. 2017-14]

See through fencing is hereby defined as any fence or fencing having a consistent density of not greater than fifty percent (50%) for all fences, living fences and hedges.

§ 55-188.5 Violations and Penalties.

[Added 9-11-95 by Ord. No. 1995-41 § 3 and Ord. No. 1995-42 § 3]

Any person who shall violate any provision of this ordinance shall be liable to a fine of not to exceed the sum of five hundred ($500.00) dollars and to imprisonment for a term not to exceed ninety (90) days, or both. Each day in which such a violation continues shall constitute a separate violation or offense.

§ 55-189 SATELLITE DISH ANTENNAS.

[Added 9-11-95 by Ord. No. 1995-41 and Ord. No. 1995-42 § 3]

The purposes of this section are to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare, by permitting the use of satellite dish antennas in all zones, said antenna to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antenna shall require a zoning permit and a construction permit.

Installation or construction of satellite dish antenna shall be subject to the following minimum requirements:

Satellite dish antennas shall function only as a receiving station and not as a transmitting station except, subject to the following requirements, an antenna used by an amateur radio operator licensed by the Federal Communications Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.

A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.

A satellite dish antenna shall be ground mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the Site Plan Review Subcommittee of the Planning Board may approve an alternate location as listed hereinbelow in order of municipal preference, based upon the justifications offered by the applicant:

A satellite dish antenna may be ground mounted in the side yard area of the lot and shall be located in conformity with the setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or

As a second preferred alternative, a satellite dish antenna may be roof mounted, provided that the bottom of the satellite dish antenna shall not extend more than one (1) foot above the roof line where mounted, is no larger than two (2) feet in diameter, and is located toward the rear of the structure away from the street line.

A satellite dish antenna shall not exceed twelve (12) feet in diameter and, unless impracticable, shall be of aluminum mesh type.

No ground mounted satellite dish antenna shall extend higher than fifteen (15) feet above ground level.

A ground mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings. To the greatest extent possible, all satellite dish antennae shall blend with the immediate surrounding area, including the color of the roof if roof mounted.

No lot shall have more than one satellite dish antenna. Wires and cables running between the ground mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code, the B.O.C.A. National Building Code and the National Electrical Code.

Portable mounted satellite dish antennae are prohibited.

NURSERY, GARDEN CENTER, ORCHARD or TREE FARM

Satellite dish antennae shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all State and Federal requirements.

§ 55-190 FAST FOOD RESTAURANTS AND CONVENIENCE STORES.

[Added 8-17-98 by Ord. No. 1998-13 § 8 and Ord. No. 1998-14 § 5]

Fast food restaurants and convenience stores shall be subject to the following design standards:

The use shall be conducted within a totally enclosed, permanent building, excepting that tables and seating may be provided outdoors but shall be in addition to any required indoor seating.

The minimum lot size shall be thirty thousand (30,000) square feet, the minimum lot frontage and width shall be one hundred twenty-five (125) feet and the minimum lot depth shall be one hundred and fifty (150) feet. The minimum front yard setback shall be fifty (50) feet, the minimum side yard on one side shall be ten (10) feet and the total side yards shall be twenty (20) feet. The minimum rear yard setback shall be forty (40) feet. Along any common property line with a residential use or residential zoning district, appropriate buffers shall be provided as required in this chapter, and the area shall be bermed if necessary, to provide sufficient screening.

The maximum lot coverage by buildings shall be thirty percent (30%) and the maximum impervious lot area shall be eighty percent (80%). All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

There shall be no manufacturing. Additionally, there shall be no processing or assembling except that which is incidental and essential to the food enterprise, such as the assembling of sandwiches, and only when the processed or assembled merchandise is sold at retail on the premises.

All fast food restaurants shall provide separate public restroom facilities easily accessible from the interior of the building for male and female customer use.

Adequate on-site parking shall be provided either at the ratio of one (1) space for every one hundred (100) square feet of gross floor area, or one (l) space for every four (4) seats, whichever results in a greater requirement.

A loading zone shall be provided for off-street loading at the side or rear of the building. There shall be at least one (1) off-street loading space for every building. Each loading space shall be at least fifteen (15) feet in width and forty (40) feet in length with adequate ingress and egress from a public street. There shall be no loading and unloading from the street.

There shall be at least one (1) trash and garbage pick-up location provided by each building which shall be separated from the parking spaces by a steel-like, totally enclosed container which shall be placed on a concrete pad and enclosed by an eight foot by eight (8 x 8) fences in area six (6) feet high with an opening front gate to be located at least five (5) feet inside property line and ten (10) feet inside the rear property line.

All other area, yard and general requirements of the CPHD zoning district, engineering and design standards, site plan regulations, procedural requirements and other applicable requirements of this chapter must be met.

§ 55-191 TREES AND SHRUBS. [1]

[Added to the Land Use Chapter 5-11-00 by Ord. No. 2000-11 § 5]

DIVISION 1: PINELANDS - WEST OF PARKWAY

Purpose. The purpose of this section is to regulate and control, through the registration program, indiscriminate and excessive cutting of trees and shrubs within the Township of Barnegat.

Definitions. As used in this section, the following words shall have the following meanings:

BUILDING LOT

Shall mean a parcel of land upon which a dwelling house has been or may be erected in accordance with the Zoning Ordinance or may be erected with a variance.

HOMESTEAD

Shall mean the principal owner occupied residence have a maximum of tree (3) acres upon which the property owner resides and is cutting and harvesting trees on the said property solely for his own heating requirements.

[Added 6-7-82 by Ord. No. 1982-12]

MANAGEMENT PLAN

Shall mean a plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection, or similar State or Federal agency, or Township officials.

Shall mean only land within the municipality used for horticultural purposes under controlled agricultural conditions.

PERMIT

Shall mean a permit issued by the Municipal Clerk of the Township of Barnegat upon registration of a property owner to remove or destroy trees or shrubs as defined in this ordinance.

PUBLIC RIGHT OF WAY

Shall mean any street or road shown upon a map or plan filed in the Ocean County Clerk's office or on the Official Map of the Township of Barnegat.

SHRUB

Shall mean Native laurel (kalmia latifolia), having a root crown of three (3) inches or greater, measured at the soil or surface level.

TREE

Shall mean any living deciduous tree having a trunk of a diameter greater than five (5) inches DBH (diameter at breast height) (deciduous trees regulated under this ordinance are all types of maple, oak, birch, gum and willow); and any living coniferous tree having a trunk of a diameter greater than five (5) inches DBH; or any living dogwood (Carnue slarida); or American holly tree having a diameter of two (2) inches or greater DBH.

Permits.

Permit required. No person, association, group or corporation is to remove or destroy or cause to be removed or destroyed any tree of shrub growing in the Township without having first obtained a permit as provided in this section. Consideration shall be given when size and species indicates historic and landmark value. Coniferous trees may be removed in areas where deciduous trees predominate, only to the extent necessary to provide existing shade trees room for growth. All permits shall be good for one (1) year from the date of issue. All permit applications shall include the tax, lot and block numbers of all property upon which trees or shrubs are to be remove.

Application for permit with building permit. Upon application for a building permit for any construction which would cause the removal or destruction in whole or in part of any tree or shrub as defined in the ordinance, the application shall be accompanied by a plot plan which shall indicate the location of all trees and shrubs on the lot or lots for which such permit is sought. The plot plan shall designate which trees, if any, are to be removed or destroyed. Copies of such plot plan shall be filed by the applicant with the Construction Official, the Municipal Clerk, Township Engineer and Code Enforcement Officer. The Construction Official and the Township Engineer shall review same and notify the Code Enforcement Officer of their recommendation. Such recommendation shall not be binding upon the Code Enforcement Officer. The recommendation shall be forwarded to the Code Enforcement Officer within fifteen (15) days of the receipt of the application by the Construction official, Township Engineer and Municipal Clerk, failing in which the Municipal Clerk may grant or deny a permit without further delay. Upon such approval, the Construction Official shall issue a building permit as required by law.

[Amended 6-7-82 by Ord. No. 1982-12]

Application for permit without building permit. Applications for a permit for the removal or destruction of trees or shrubs as defined in this ordinance, where a building permit is not immediately involved, shall be made directly to the Municipal Clerk and shall contain the name of the applicant, location of the property and, in addition thereto, the purposes for which the application is being made. The following shall be considered legitimate purposes for the removal of a tree or shrub as defined: harvesting timer, fire protection, industrial use, private parks, scenic improvement, hardship or danger to adjacent properties, removal of diseased or damaged trees, transplanting or removal in a growing condition to other locations, installation of utilities or drainage of surface water. The foregoing shall be carried out in accordance with an approved forest management plan, taking into consideration that certain trees will be left for scenic beauty.

Application for permit by applicant that is not property owner of record. If the applicant is not the property owner of record, a statement of permission to remove or destroy the trees or shrubs as defined in this ordinance from the property owner of record and duly attested by a public notary of the State of New Jersey shall accompany the application for a permit.

Permit applications. All permits are to be issued by the Township Engineer after review by the Construction Official and Code Enforcement Officer, upon condition that the application is in proper form in accordance with the standards hereinabove referred to and shall be in the form of an original and three (3) copies of the permit, the original of which shall be given to the property owner; one (1) copy to be given to the Township Clerk; one (1) copy to be given to the Police Department; and one (1) copy to be kept in the files of the Code Enforcement Officer.

Any person cutting or harvesting wood pursuant to this section shall have on his person a copy of the permit issued by the Township Engineer.

[Added 6-7-82 by Ord. No. 1982-12; amended 6-1-87 by Ord. No. 1987-12]

Protection of Trees.

[Amended 6-1-87 by Ord. No. 1987-12; 8-3-87 by Ord. No. 1987-19; 9-5-00 by Ord. No. 2000-30]

No soil material, permanent or temporary, shall be placed within three (3) feet of any trees or shrubs. Where grading may be required, trees shall be walled in an extension tile to the outer crown of the tree.

On any wooded lot within the township, the maximum permitted removal of trees shall be limited in accordance with the table set forth below. In no case, however, shall the removal of trees exceed that which is necessary to accommodate the proposed activity, use or structure in accordance with the requirements of Section 55-295.

Zoning District	Maximum Removal Allowed
RH Residential High Density	85%
RM Residential Moderate Density	50%
RL Residential Low Density	40%
RL/AC* Residential Low/Adult*	40%
*PAC (Planned Adult Communities)	85%
PV Pinelands Village	40%
PA Preservation Area:	40%
PF Preserved Forest Pinelands	40%

In addition to the above schedule, all lands subject to New Jersey Pinelands Commission jurisdiction shall comply with all requirements of the Pinelands Comprehensive Management Plan. Specifically, all forestry activities shall comply with the requirements of Section 55-292 and any development, clearing, landscaping and screening shall be made in compliance with Section 55-295 of this chapter.

A permit which allows the cutting of trees in excess of the above schedule on a lot will only be issued if the applicant can demonstrate to the satisfaction of the Township Engineer that the existing terrain and/or small lot size makes the removal of the trees necessary. In addition, the applicant must demonstrate that all proposed excavation or filling of a lot is unavoidable and that no feasible method exists for preserving the trees on the lot.

In each major site plan development, minor site plan development and major subdivision, the owner shall be responsible for planting shade and/or decorative trees on each existing or newly created lot at the rate of one (1) tree per one thousand (1,000) square feet of gross lot area, or fraction thereof. Existing trees which meet the size requirements of this section and which were not injured during construction may be included in the number of trees required. Planting sites shall be indicated on the site plan and/or on a separate landscaping plan and must be approved by the Township Engineer.

As a condition of any Planning Board or Board of Adjustment approval, specimen trees and trees of significant historical value shall be preserved. This condition shall be evaluated by the Board having jurisdiction over the application based upon recommendations made by the Barnegat Township Shade Tree Commission and the Board Engineer.

All trees and shrubs planted in accordance with the provisions of this section shall be placed in a proper manner and in a good grade of topsoil. All shade trees shall be nursery grown in conformance with AANIS (American Standard for Nursery Stock ANN also known as ANSI Z60.1 latest revision) and shall be of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in other respects with the provisions of this section.

All trees shall be planted in a dormant state. The minimum height of all shade and ornamental trees when planted shall be not less than twelve (12) feet and shall have a minimum caliper (diameter) of three (3) inches as measured at six (6) inches above finished grade. The types of trees to be planted shall be approved by the Township Engineer and shall be selected from the list of approved trees set forth in Section 55-126.9 of Chapter 55 Land Use. All trees shall be balled and wrapped in burlap.

Exempt lands or activities. The following lands or activities shall be exempt from the provisions of this paragraph D: nurseries, farms, garden centers, orchards and tree farms, gardening, surface mining operations [this exemption only applies to those twenty-five (25) acres being mined pursuant to a valid permit], public right-of-way, engineers and surveyors engaged in professional activities, building lots of one (1) acre or less where an existing home has been fully constructed and activities for which a forestry permit has been approved by the Zoning Officer in accordance with Section 55-292.

Fees. Upon filing of an application with the Township Clerk, the applicant shall pay ten ($10.00) dollars to the Township of Barnegat for the application fee, unless the property to be harvested qualifies as a homestead, in which case the application must be submitted but the application fee and all other fees herein will be waived. In addition, if the Township Clerk, after review of the Code Enforcement Officer, issues a permit for the destruction and/or removal of trees pursuant to the terms of this ordinance, an additional permit fee of ten ($10.00) dollars shall be required. Thereafter, the following fee schedule shall be in effect:

[Amended 6-7-82 by Ord. No. 1982-12; 4-18-83 by Ord. No. 1983-9]

Twenty-five ($25.00) dollars per acre of area harvested. For the purposes of computing such fee, fractions of one (1) acre shall constitute one (1) acre, if the total acreage exceeds one (1) acre. If the total acreage exceeds less than one (1) acre, no additional fee, other than the ten ($10.00) dollar application fee and the ten ($10.00) dollar permit fee, shall be required.

In the alternative of the permit fee and a fee to be imposed in accordance with the acreage to be harvested, the applicant shall submit a management plan prepared by the New Jersey Department of Environmental Protection, Division of Forestry, or a similar State or Federal agency, or a management plan prepared by a person holding a Bachelor of Science Degree in Forestry from a recognized institution of higher education, in which event the permit fee of ten ($10.00) dollars and the acreage fee of twenty-five ($25.00) dollars per acre, or for a part of an acre, will be waived by the Township Clerk.

In addition, no permit fee or harvesting fee, other than the ten ($10.00) dollar application fee, need to be paid for harvesting dead wood if and upon the condition that written permission from the owner of the subject premises be given to the Township Clerk and Code Enforcement Officer and a copy of said written permission be in the possession of the wood harvester at all times that said person is harvesting the dead wood from the subject premises.

In the event that an applicant is a partnership, corporation or other entity having more than one (1) individual wishing to use a permit then and in that event each additional individual wishing to be authorized to cut trees or shrubs on behalf of that corporation, partnership or other business entity shall be required to pay an additional fee of ten ($10.00) dollars per person in excess of the first designated individual.

Appeals. Whenever an application for a permit shall be denied by the Municipal Clerk, the applicant may appeal the denial to the Township Committee by filing a written notice of appeal with the Township Clerk within ten (10) days after receiving a written notice of denial of the application. The Township Committee shall hold a public meeting on the matter in accordance with rules or procedures to be established by the Township Committee and may modify or affirm or reverse the decision of the Municipal Clerk.

Enforcing Officers. The Barnegat Township Police Department and the Zoning Officer are hereby designated as enforcing officers of this section.

NURSERY, GARDEN CENTER, ORCHARD or TREE FARM

Editor's Note: Ord. No. 2000-11 § 5 repealed Chapter 70 of the Code of Barnegat Township entitled "Trees and Shrubs."

§ 55-191.1 Division II: East of Parkway.

[Added 5-1-00 by Ord. No. 2000-20]

Purpose. The purpose of this ordinance is to regulate and control, through the registration program, indiscriminate and excessive cutting of trees and shrubs within the Township of Barnegat.

Definitions. As used in this ordinance, the following words shall have the following meanings:

BUILDING LOT

Shall mean a parcel of land upon which a dwelling house has been or may be erected in accordance with the Zoning Ordinance or may be erected with a variance.

HOMESTEAD

Shall mean the principal owner occupied residence having a maximum of three (3) acres upon which the property owner resides and is cutting and harvesting trees on the said property solely for his own heating requirements.

MANAGEMENT PLAN

Shall mean a plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection, or similar State or Federal agency, or Township officials.

Shall mean only land within the municipality used for horticultural purposes under controlled agricultural conditions.

PERMIT

Shall mean a permit issued by the Municipal Clerk of the Township of Barnegat upon registration of a property owner to remove or destroy trees or shrubs as defined in this ordinance.

PUBLIC RIGHT-OF-WAY

Shall mean any street or road shown upon a map or plan filed in the Ocean County Clerk's office on the Official Map of the Township of Barnegat.

SHRUB

Shall mean native laurel (Kalmia latifolia), having a root crown of three (3) inches or greater measured as the soil or surface level.

TREE

Shall mean any living deciduous tree having a trunk of a diameter greater than five (5) inches DBH (diameter at breast height) (deciduous trees regulated under this ordinance are all types of maple, oak, birch, gum and willow); and any living coniferous tree having a trunk of a diameter greater than five (5) inches DBH; or any living dogwood (Carnue slarida): or American holly tree having a diameter of two (2) inches or greater DBH.

Permits.

Permit required. No person, association, group or corporation is to remove or destroy or cause to be removed or destroyed any tree or shrub growing in the township without having first obtained a permit as provided in this section. Nurseries, farms, garden centers, orchards and tree farms, gardening, surface mining operations [only applies to those twenty-five (25) acres being mined pursuant to valid permit], public right-of-way, engineers and surveyors engaged in professional activities and building lots of less than one (1) acre where an existing home has been fully constructed shall be exempt from the foregoing requirement. Consideration shall be given when size and species indicates historic and landmark value. Coniferous trees may be removed in areas where deciduous trees predominate, only to the extent necessary to provide existing shade trees room for growth. All permits shall be good for one (1) year from the date of issue. All permit applications shall include the tax, lot and block numbers of all property upon which trees or shrubs are to be removed.

Application for permit with building permit. Upon application for a building permit for any construction which would cause the removal or destruction in whole or in part of any tree or shrub as defined in this ordinance, the application shall be accompanied by a plot plan which shall indicate the location of all trees and shrubs on the lot or lots for which such a permit is sought. The plot plan shall designate which trees, if any, are to be removed or destroyed. Copies of such plot plan shall be filed by the applicant with the Construction Official, the Municipal Clerk, Township Engineer and Code Enforcement Officer. The Construction Official and the Township Engineer shall review same and notify the Code Enforcement Officer of their recommendation. Such recommendation shall not be binding upon the Code Enforcement Officer. The recommendation shall be forwarded to the Code Enforcement Officer within fifteen (15) days of the receipt of the application by the Construction Official, Township Engineer and Municipal Clerk, failing in which the Municipal Clerk may grant or deny a permit without further delay. Upon such approval, the Construction Official shall issue a building permit as required by law.

[Amended 6-7-82 by Ord. No. 1982-12]

Application for permit without building permit. Applications for a permit for the removal or destruction of trees or shrubs as defined in this ordinance, where a building permit is not immediately involved, shall be made directly to the Municipal Clerk and shall contain the name of the applicant, location of the property and, in addition thereto, the purposes for which the application is being made. The following shall be considered legitimate purposes for the removal of a tree or shrub as defined: harvesting timber, fire protection, industrial use, private parks, scenic improvement, hardship or danger to adjacent properties, removal of diseased or damaged trees, transplanting or removal in a growing condition to other locations, installation of utilities or drainage of surface water. The foregoing shall be carried out in accordance with an approved forest management plan, taking into consideration that certain trees will be left for scenic beauty.

Any person cutting or harvesting wood pursuant to this section shall have on his person a copy of the permit issued by the Township Engineer.

[Added 6-7-82 by Ord. No. 1982-12; amended 6-1-87 by Ord. No. 1987-12]

Protection of Trees.

[Amended 6-1-87 by Ord. No. 1987-12; 8-3-87 by Ord. No. 1987-19; 8-21-00 by Ord. No. 2000-32]

On any wooded lot within the township, the maximum removal of trees is limited to:

Zoning District	Maximum Removal Allowed
R-6 Residential	85%
R-7.5 Residential	85%
RC-7.5 Residential Cluster	85%
R-10 Residential	85%
R-15 Residential	60%
R-20 Residential	50%
R-40 Residential	40%
ML-1 Residential	85%
ML-2 Residential	85%
ML-3 Residential	85%
ML-4 Multifamily Residential	70%

In addition to the above schedule, all lands subject to New Jersey Pinelands Commission jurisdiction shall comply with all requirements of the Pinelands Comprehensive Management Plan.

All trees and shrubs planted in accordance with the provisions of this section shall be placed in a proper manner and in a good grade of topsoil. All shade trees shall be nursery grown in conformance with AANIS (American Standard for Nursery Stock AAN also known as ANSI Z60.1 latest revision) and shall be of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in other respects with the provisions of this section.

All trees shall be planted in a dormant state. The minimum height of all shade and ornamental trees when planted shall be not less than twelve (12) feet and shall have a minimum caliper (diameter) of three (3) inches as measured at six (6) inches above finished grade. The types of trees to be planted shall be approved by the Township Engineer and shall be selected from the list of approved trees set forth in Section 55-126.9 of the Township Land Use ordinance. All trees shall be balled and wrapped in burlap.

Exempt lands or activities. The following lands or activities shall be exempt from the provisions of this ordinance: nurseries, farms, garden centers, orchards and tree farms, gardening, surface mining operations (this exemption only applies to those twenty-five (25) acres being mined pursuant to a valid permit), public right-of-way, engineers and surveyors engaged in professional activities, building lots of less than one (1) acre where an existing home has been fully constructed.

[Amended 6-7-82 by Ord. No. 1982-12; 4-18-83 by Ord. No. 1983-9]

Violations - Tree removal in conservation easements and/or deed restricted areas. Any person and/or persons found to have removed, destroyed and/or diminished the existing vegetation in either a conservation easement and/or deed restricted area shall be subject to a penalty as set forth in Article XV herein. In addition, said person shall submit to the Township of Barnegat a proposed revegetation plan and planting schedule for review and approval by the Township Engineer and the Shade Tree Commission. The revegetation plan shall be in conformance with the requirements of plantings as outlined in subject ordinance. The revegetation plan shall be submitted within fourteen (14) days of the notice of violation. Should violator not submit required plan as stipulated herein, they shall be subject to an additional fine of one thousand ($1,000.00) dollars per day until said plan is submitted, reviewed and approved by appropriate agencies.

Enforcing Officers. The Barnegat Township Police Department and the Zoning Officer are hereby designated as enforcing officers of this section.

§ 55-192 Regulation of Solar Energy Facilities.

[Added 10-1-2019 by Ord. No. 2019-13]

Definition of solar energy facilities. The definition of "solar energy facility" shall be as defined in § 55-305B of the Township Code.

Ground-mounted solar energy facilities. Ground-mounted solar energy facilities shall be a permitted accessory use requirement in any zone on property with a minimum lot size of one acre, subject to the following conditions:

The solar collectors and accessory equipment setback shall be 50 feet or the accessory building setback requirement of the applicable zoning district, whichever distance is greater. For contiguous properties under common ownership, the setback may be reduced to zero feet along the common property lines.

The height of the solar collectors and any mounts shall not exceed eight feet when oriented at maximum tilt.

All projects are net-metered projects limited in annual energy generation capacity to the previous calendar year's energy demand.

All solar or photovoltaic energy systems that disturb 5,000 square feet or more of soil shall require major site plan approval.

When a new driveway or road is required for access to the solar or photovoltaic systems, the surface shall be suitable to accommodate maintenance as well as emergency vehicles.

All solar or photovoltaic energy system installations must be performed by a qualified installer, and prior to operation the electrical connections must be inspected by the Township or other appropriate electrical inspection agency as determined by the Township. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.

Landscaped vegetative screening shall be required, as well as fencing as may be determined appropriate by the Township, between any ground-mounted solar collectors or any ground-mounted equipment for any energy system and adjacent existing residential dwellings and public streets in accordance with the following:

The overall purpose of the landscaped screening is to obscure or substantially buffer the view of the solar energy system year-round.

The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planting, plus two supplemental shrubs at the discretion of the Township, all planted within each 10 linear feet of the area to be screened.

Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.

Any fencing shall be at least six feet in height.

Solar panels shall not be included in any calculation of impervious surface or impervious cover in accordance with N.J.S.A. 40:55D-38.1.

Ground areas beneath solar panels shall be planted with a seed mixture of native, noninvasive, shade-tolerant grasses in order to prevent soil erosion and the spread of weeds or other invasive species and to promote biodiversity and a natural habitat; the ground area shall be mowed on a regular basis.

All solar energy facilities shall comply with the current edition Building Code and all other applicable codes and industry standards.

All piping must be buried underground.

Pole-mounted solar energy facilities. Pole-mounted solar energy facilities shall be a conditional use requirement in any zone, subject to the following conditions:

The height of the solar collectors and any mounts shall not exceed 10 feet when oriented at maximum tilt.

All projects are net-metered projects limited in annual energy generation capacity to the previous calendar year's energy demand.

All solar or photovoltaic energy systems that disturb 5,000 square feet or more of soil shall require major site plan approval.

When a new driveway or road is required for access to the solar or photovoltaic systems, the surface shall be suitable to accommodate maintenance as well as emergency vehicles.

The overall purpose of the landscaped screening is to obscure or substantially buffer the view of the solar energy system year-round.

Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.

Any fencing shall be at least six feet in height.

Solar panels shall not be included in any calculation of impervious surface or impervious cover in accordance with N.J.S.A. 40:55D-38.1.

All solar energy facilities shall comply with the 2015 Building Code and all other applicable codes and industry standards.