[Adopted 1-8-1992 by Ord. No. 1564; O-2 Zone deleted 1-26-2005 by Ord. No. 2003]
For the purpose of this chapter, the Township of Ocean is divided
into zones known as:
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R-1
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Low Density Single Family Residential Zone
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R-1T
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Low Density Single Family Residential Transitional Zone
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R-2
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Low Density Single Family Residential Zone
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R-3
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Medium Density Single Family Residential Zone
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R-4
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Medium Density Single Family Residential Zone
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R-4HO
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Medium Density Single Family Residential/Home Professional Office
Zone
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R-5
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High Density Single Family Residential Zone
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R-6
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High Density Single Family Residential Zone
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R-7
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Garden Apartment Residential Zone
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R-3/PRD
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Planned Residential Development Zone
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AR3-PRD
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Affordable Housing Zone
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MIR-1
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Multifamily Residential Zone
[Added 12-29-2015 by Ord.
No. 2251] |
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T-1
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Transitional Office/Residential Zone
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C-1
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Neighborhood Commercial Zone
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C-2
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Highway Commercial Zone
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C-3
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General Commercial Zone
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C-4
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Regional Commercial Zone
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C-5
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Limited Commercial Zone
[Added 9-21-1994 by Ord.
No. 1680] |
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C-7
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Community Mixed-Use District
[Added 5-25-2005 by Ord.
No. 2013; amended 3-8-2018 by Ord. No. 2303] |
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I-1
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Light Industrial Zone
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O-1/20
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Office/Limited Commercial Zone
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O-1/40
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Office-Research Zone
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O-1/80
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Office-Research-Limited Commercial Zone
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SRI
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Recreation Activities Zone
[Added 8-21-1996 by Ord.
No. 1746] |
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AH-G
|
Affordable Housing Golf Course Residential Inclusionary Overlay
Zone
[Added 2-27-2020 by Ord. No. 2332] |
[Adopted 1-8-1992 by Ord.
No. 1564, Amended 6-18-1992 by Ord. No. 1585, 3-15-1995 by Ord. No. 1696, 12-30-2014 by Ord. No. 2234]
The aforesaid zones are hereby established by the designations,
locations and boundaries thereof set forth and indicated on the Official
Zoning Map to be located in the office of the Municipal Clerk. A general
map prepared by Robert E. Rosa Associates/James W. Higgins Associates
dated February 3, 1992, as amended, indicating such designations,
locations and boundaries, shall be attached to all copies of the Zoning
Ordinance.[1]
[1]
Editor's Note: Zoning Map on file at the Township Offices.
[Amendment 12-29-2015 by Ord. No. 2251; Adopted 1-8-1992 by Ord. No. 1564]
If, in accordance with the provisions of this chapter, and the
Revised Statutes of the State of New Jersey, changes are made in the
zone boundaries or other matters portrayed in the map by the governing
body, such changes shall be made thereon promptly by the Clerk after
such amendment has taken affect as provided by law. For each such
change in the map, note shall be made thereof in the revision box,
of the date of revision, zone affected by the revision and of a brief
identifying description of the revision. These changes are to be endorsed
upon the map on the effective date of the amendment.
a.
Map Amendments. The Official Zoning Map, as designated in § 21-18 of the Comprehensive Land Development Ordinance of the Township of Ocean, is hereby amended as follows:
1.
The Zoning Map is hereby amended as follows:
(a)
To provide that the following parcels shall be re-zoned from
R-7 Garden Apartment Residential Zone to C-2 Highway Commercial Zone:
Block 182, Lot 74
That portion of Block 182, Lot 72 north of the westerly extension
of the southerly lot line of Block 182, Lot 73 and located directly
south of Block 182, Lot 74.
(b)
To provide that the portion of Block 182, Lot 9 of the Ocean
Township Tax Map west of the southerly extension of the rear (easterly)
lot line of Block 182, Lot 19 is re-zoned from the O-1/80 Zone to
the R-3 Zone.
[Amendment 11-16-1992 by Ord. No. 1608]
2.
The following lots, as indicated on the Tax Map of the Township of
Ocean and on the attached excerpt from the Township of Ocean Zoning
Map, dated August 9, 1994, shall be rezoned from R-1 to R-1 Planned
Adult Community Option:
Block 1 Lots 14, 22, 22.01, 23, 24, 26 through 34, 38 through
42, 44 and 45.
[Amendment 9-21-1994 by Ord. No. 1679]
3.
The following lots, as indicated on the attached portion of Tax Map
# 49 of the Township of Ocean dated July 19, 1994, shall be deleted
from the O-1/80 zone and included in the C-5 Zone:
Block 141 lots 14 through 19
[Amendment 9-21-1994 by Ord. No. 1680]
4.
The following portions of Lots, as indicated on the attached portion
of Tax Map #9 of the Township of Ocean dated July 19, 1994, shall
be deleted from the O-1/80 zone and include in the C-4 Zone:
Block 141 Lots 1 and 7.01
[Amendment 9-21-1994 by Ord. No. 1680]
5.
Block 189 Lots 6 and 9, in their entirety, is rezoned from O-1/80
Office-Research-Limited Commercial Zone and C-3 General Commercial
Zone to C-3 General Commercial Zone. [Amendment 3-15-1995 by Ord.
No. 1696]
6.
The rear of Block 137, Lot 22 will be rezoned from R-4 to C-3. The
new zone line will run in a southerly direction from the western property
line of Block 137, Lot 23 through Block 137, Lot 22 to the southern
property line of Block 137, Lot 22.
[Amendment 12-20-1995 by Ord. No. 1720]
7.
The northwest corner of Block 137, Lot 22, will be rezoned from R-6
High Density Single Family Residential Zone to C-3 General Commercial
Zone. The zone line shall be relocated to extend the C-3 zone line
southward from the common lot line of Block 137, Lots 25 and 23, and
eastward from the common lot line of lots 25 and 30 to a point where
both lines intersect. [Amendment 8-21-1996 by Ord. No. 1746]
8.
Block 33.15, Lot 1, Block 33.14, Lots 1 and 2, and Block 33.13, Lots
1, 29, 30, and 31 shall be rezoned from R-4 Medium Density Single
Family Residential Zone to T-1 Transitional Offices/Residential Zone.
[Amendment 8-21-1996 by Ord. No. 1746]
9.
Block 1.02, Lots 63, 64, 65, 66, and 67 shall be rezoned from AR-3/PRD
Affordable Housing Zone to T-1 Transitional Office/Residential Zone.
[Amendment 8-21-1996 by Ord. No. 1746]
10.
The Shrewsbury River Islands are hereby zoned SRI - Recreation Activities
Zone.
[Amended 8-21-1996 by Ord. No. 1746]
11.
The northwest corner of Block 137, Lot 22 will be rezoned from R-6
High Density Single Family Residential Zone to C-3 General Commercial
Zone. The zone line shall be relocated to extend the C-3 zone line
southward from the common lot line of Block 137, Lots 25 and 23 to
the northerly lot line of Lot 21; from that point westerly along the
common lot line of Lots 22 and 21 to the eastern lot line of Lot 30.
[Amendment 9-18-1996 by Ord. No. 1748]
12.
Rezone Block 142 Lot 7 from I-1 to R-3.
Include all portions of Block 1 Lot 17 which are located a distance
of 750 feet or more from the right-of-way of Green Grove Road within
the R-1 PAC Overlay Zone. [Amendment 2-19-1997 by Ord. No. 1764]
13.
Rezone Block 1.02 Lot 55 from I-1 to AR-3/PRD [Amendment 10-8-1997
by Ord. No. 1781]
14.
The Official Zoning Map is hereby amended to include within the C-3
General Commercial Zone, all portions of Block 140 Lot 65 which are
located west of the existing brook which extends north/south through
Lot 65 from Logan Road to English Lane. [Amendment 2-18-1998 by Ord.
No. 1793]
15.
The Official Zoning Map is hereby amended to create a Planned Adult
Community Overlay in the O-2 and adjacent R-3 Zones the following
lots:
|
R-3 Zone:
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Block 153 Lots 61, 62 & 63
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O-2 Zone:
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Block 145 Lot 2
|
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Block 146 Lots 1,2
| |
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Block 147 Lot 1
| |
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Block 149 Lot 1
| |
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Block 150 Lot 1
| |
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Block 151 Lot 1
| |
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Block 153 Lots 69, 70, 71, 72, 81, 82, 83, 84, 85, 86
| |
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Block 164 Lot 1
| |
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Block 165 Lot 1
| |
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Block 166 Lot 1
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Block 167 Lot 1
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Block 168 Lot 1
| |
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Block 169 Lots 1,2, 4
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Block 170 Lot 1
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Block 171 Lot 1
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Block 172 Lot 1
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Block 173 Lot 1
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Block 174 Lot 1
| |
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Block 174.01 Lot 1
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Block 178 Lot 1
| |
|
[Amendment 12-1-1999 by Ord. No. 1839] | |
16.
The Official Zoning Map is hereby amended to add the following lots
to the Planned Adult Community Overlay in the O-2 Zone:
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Block 148
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Lot 1
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Block 153
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Lots 87 & 88
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Block 164
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Lot 2
|
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Block 169
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Lot 3
|
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Block 173
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Lot 2
|
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Block 174.01
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Lot 2
|
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Block 174.02
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Lot 1
|
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Block 177
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Lots 1-4
|
|
Block 174 Lot 1 shall remain in the R-3 Zone. A typographical
error in Ordinance # 1839 designated Block 174 Lot 1 as being in the
O-2 Zone and to be included in the Planned Adult Community Overlay.
[Amendment 2-2-2000 by Ord. No. 1848]
|
17.
The Official Zoning Map is hereby amended to include:
|
within the R-5 Medium Density Single Family Residential Zone
- Blocks 87 thru 98 in their entirety, as well as Block 85 Lots 14
thru 27, Block 86 Lots 15 thru 37, and Block 99 Lots 1 thru 3;
|
|
within the C-4 Regional Commercial Zone - Block 141 Lots 15,
16, 22, 23 and 24;
|
|
within the C-4 Regional Commercial Zone Regional Shopping Service
Facility Option Overlay - Block 141 Lots 5, 6, 7, 7.01, 8, 9 10, 11,
14, 15, 16, 22, 23 and 24.
[Amendment 10-4-2000 by Ord. No. 1866] |
18.
The Official Zoning Map is hereby amended to create a Planned Adult
Community Overlay in the O-2 and adjacent R-3 Zones the following
lots:
|
R-3 Zone:
|
Block 153 Lots 61, 62 & 63
|
|
O-2 Zone:
|
Block 145 Lot 2
|
|
Block 146 Lots 1, 2
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|
Block 147 Lot 1
| |
|
Block 149 Lot 1
| |
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Block 150 Lot 1
| |
|
Block 151 Lot 1
| |
|
Block 153 Lots 69, 70, 71, 72, 81, 82, 83, 84, 85, 86
| |
|
Block 164 Lot 1
| |
|
Block 165 Lot 1
| |
|
Block 166 Lot 1
| |
|
Block 167 Lot 1
| |
|
Block 168 Lot 1
| |
|
Block 169 Lots 1, 2, 4
| |
|
Block 170 Lot 1
| |
|
Block 171 Lot 1
| |
|
Block 172 Lot 1
| |
|
Block 173 Lot 1
| |
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Block 174.01 Lot 1
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Block 178 Lot 1
| |
|
[Amendment 1-10-2001 by Ord. No. 1875] | |
19.
The Official Zoning Map is hereby amended to add the following lots
to the Planned Adult Community Overlay in the O-2 Zone:
|
Block 148
|
Lot 1
|
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Block 153
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Lots 87 & 88
|
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Block 164
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Lot 2
|
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Block 169
|
Lot 3
|
|
Block 173
|
Lot 2
|
|
Block 174.01
|
Lot 2
|
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Block 174.02
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Lot 1
|
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Block 177
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Lots 1-4
|
|
Block 174 Lot 1 shall remain in the R-3 Zone. A typographical
error in Ordinance # 1839 designated Block 174 Lot 1 as being in the
O-2 Zone and to be included in the Planned Adult Community Overlay.
[Amendment 1-10-2001 by Ord. No. 1876] |
20.
The Official Zoning Map is hereby amended to create a Senior Citizen
Apartment Overlay in the O-2 Zone on the following lots:
|
Block 152: Lot 1
|
|
Block 153: Lot 73
[Amendment 1-10-2001 by Ord. No. 1877] |
21.
The Official Zoning Map is hereby amended to include:
|
Within the C-4 Regional Commercial Zone - Block 176 Lot 4;
|
|
Within the C-4 Regional Commercial Zone Regional Shopping Service
Facility Option Overlay - Block 176 Lot 4.
[Amendment 1-10-2001 by Ord. No. 1879] |
22.
The Official Zoning Map is hereby amended to create a Commercial
Development Option Overlay in the O-1/80 and adjacent R-1T Zones on
the following lots, as shown on the attached map:
|
R-1T Zone: Block 33 Lot 17 in it's entirety, and that portion
of Lot 16 which is west of the extension of the easterly side of Logan
Road
|
|
O-1/80 Zone: Block 33 Lots 18 & 19
[Amendment 1-10-2001 by Ord. No. 1880] |
23.
The Official Zoning Map is hereby amended to create a Single Family
Court Cluster Overlay Zone or the following lots:
|
In the R-1 Zone: Block 35 Lots 5, 6, 7, 8, 10, 11, 12, 13, 14,
& 46
|
|
In the R-2 Zone: Block 35 Lot 28
[Amendment 2-28-2001 by Ord. No. 1884] |
24.
The Official Zoning Map is hereby amended to delete a Single Family
Court Cluster Overlay Zone on the following lots:
|
In the RI Zone: Block 35, Lots 5, 6, 7, 8, 10, 11, 12, 13, 14,
46
|
|
In the R-2 Zone: Block 35, Lot 28
[Amendment 12-11-2002 by Ord. No. 1944] |
25.
The Official Zoning Map is hereby amended as follows:
The following areas shall be changed as described below and
shown on the following map: Change the underling zoning for the area
that is currently approved for the "Cedar Village" Planned Adult Community
from O-2 to R-3 and change the overlay zone for that same area from
O-2 PAC Overlay to R-3 PAC Overlay:
Change the underlying zoning for the balance of the O-2 Zone
between Route 18, Route 66 and Bowne Road from O-2 to O-1/20.
Change the entire area currently designated as the O-2 SCA Overlay
Option to the O-1/20 SCA Overlay Option;
Add the following to the O-1/20 SCA Overlay Option - Block 153
Lot 80 & that portion of Block 152 Lot 2 that is east of the southerly
extension of the eastern lot line of Block 152 Lot 3.
Add Block 38 Lots 91 and 92 to the O-1/20 Zone.
Designate Block 149.01 Lot 1.01 as O-1/20 PAC.
In addition to the above, in order to clarify a drafting error
on the Zoning Map, change the designation of Block 33.17 Lot 2 from
T-1 to C-3.
[Amendment 1-26-2005 by Ord. No. 2003]
26.
The Official Zoning Map is hereby amended as follows:
Change of the underlying zoning for Block 33, Lot 19.01 from
a combination of O-180 and R-1T to C-7 (Community Mixed-Use District).
|
The following areas shall be changed as described
below and shown on the following Map:
|
|
Removal of the Commercial Development Option from
Block 33, Lot 19.01
[Amended 5-25-2005 by Ord. No. 2013; 3-8-2018 by Ord. No. 2303] |
27.
The Official Zoning Map is hereby amended as follows:
The entirety of Block 182 Lot 85 is added to the C-2 Highway
Commercial Zone. [Amendment 9-28-2005 by Ord. No. 2031]
28.
The Official Zoning Map is hereby amended as follows:
The entirety of Block 3 Lot 16 is removed from the O-1/80 Zone
and added to the C-3 General Commercial Zone. [Amendment 12-19-2005
by Ord. No. 2034]
29.
The Official Zoning Map, Subsection 21-18 is hereby amended as follows:
The entirety of Block 3, Lot 16, is removed from the O-1/80
Zone and added to the C-2 General Commercial Zone. [Amendment 1-7-2008
by Ord. No. 2083]
30.
The Official Zoning Map is hereby amended to create an "Alternative
Single-Family Overlay Residential Option" in the R-3 Zone on the following
lots:
Block 25.15 Lots 37, 38, 42, 44 & 45
[Amendment 2-7-2011 by Ord. No. 2163]
31.
The Official Zoning Map is hereby amended:
Whereas, the Township Committee of the Township of Ocean, Monmouth
County, entered into a settlement of a Mount Laurel law suit known
as Martelli at Wayside, LLC v. Township of Ocean, et al., Docket No.
MON-L-5221-09 ("Litigation"),
Whereas, as part of the settlement, the Township and developer
agreed to create an overlay zone for the property known and designated
as Lots 33, 33.01, 34, 35, and 36 in Block 37.16 ("Tract"),
Whereas, the overlay zone would permit single-family development
in the R-2 Zone on smaller lots at a higher density than presently
what is permitted in the R-2 Zone,
Whereas, in furtherance of the settlement agreement in connection with the Litigation, the Township Committee proposes the following overlay zone established in § 21-24A, R-2 High Density Single Family Residential Overlay Zone, for the above referenced Tract.
[Amendment 1-10-2011 by Ord. No. 2164]
32.
The Official Zoning Map is hereby amended to create:
"Planned Adult Community Development Option 2" in the R-1 Zone
on the following lots:
Block 35 lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 46.
[Amendment 12-30-2014 by Ord. No. 2234]
33.
The Official Zoning Map shall be amended to add:
The Official Zoning Map is hereby amended to create a "Multifamily
Residential Zone, MIR-1" on the following lots:
Block 1.02 Lots 52.01, 53.01, 54.01
34.
The
Official Zoning Map is hereby amended to create: AH-G Affordable Housing
Golf Course Residential Inclusionary Overlay Zone in the R-1 and adjacent
R-2 and R-3 Zones on the following lots:
[Added 2-27-2020 by Ord. No. 2332]
|
R-1 Zone
|
Block 59, Lot 1
Block 60, Lot 1
Block 40, Lots 1, 2, and 34
|
|
R-2 Zone
|
Block 40, Lots 82, 83, 84, and 88
|
|
R-3 Zone
|
Block 40, Lot 111
|
[Adopted 1-8-1992 by Ord.
No. 1564]
Unauthorized and intentional changes of any kind on the map
or matter shown thereon shall be punishable by a fine not exceeding
$200 or 90 days imprisonment, or both.
[Adopted 1-8-1992 by Ord.
No. 1564]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any zone shown on the Map, the zone boundary
lines shall be decided by the Zoning Officer and may be appealed to
the Zoning Board of Adjustment.
[Adopted 1-8-1992 by Ord.
No. 1564]
Boundary lines indicated as following or approximately following
streets, highways or other public or private ways, shall be construed
to follow the center lines thereof.
[Adopted 1-8-1992 by Ord.
No. 1564]
Boundaries indicated as following or approximately following
platted lot lines shall be construed as following such lot lines as
the same appear on the Tax Map of the Township of Ocean.
[Adopted 1-8-1992 by Ord.
No. 1564]
Boundaries indicated as following or approximately following
municipal lines shall be construed as following such municipal lines.
[Adopted 1-8-1992 by Ord.
No. 1564]
Boundaries indicated as following streams, rivers or other bodies
of water shall be construed as following the center lines thereof.
[Adopted 1-8-1992 by Ord.
No. 1564]
All distances between parallel or concentric lines or extensions
or prolongations of features indicated, shall be construed to be a
right angles in the case of parallel lines or radial in the case of
concentric lines.
[Adopted 1-8-1992 by Ord.
No. 1564]
Except as hereinafter provided, no building or structure or
part thereof, and no lot or land or part thereof, shall hereinafter
be used except in conformity with the regulations herein prescribed.
Any lawful use that does not conform to the use regulations of this
chapter shall be deemed a nonconforming use except that uses granted
as conditional uses by the appropriate Municipal Agency shall be deemed
to be conforming uses. Any enlargement of a conditional use shall
require re-application to the same agency. Use variances granted by
the Board of Adjustment or granted on appeal by the governing body
or appropriate Court shall be deemed legal nonconforming uses.
[Adopted 1-8-1992 by Ord.
No. 1564]
Except as hereinafter provided, no building or structure or
part thereof shall hereinafter be erected, structurally altered enlarged
or rebuilt except in conformity with the lot dimension, yard, coverage,
height and spacing regulations herein prescribed. Any building or
structure that does not conform to such regulations, hereinafter referred
to as the building regulations of this chapter, shall be deemed a
nonconforming structure, irrespective of the use to which it is put.
Building variances granted by the appropriate Municipal Agency shall
be deemed to be conforming structures or uses.
[Adopted 1-8-1992 by Ord.
No. 1564]
Any legally established existing use of a building or structure,
lot or land, or part thereof, at the time of adoption of this chapter,
which use constitutes a nonconforming use under the provisions of
this chapter, may be continued.
[Adopted 1-8-1992 by Ord.
No. 1564]
Unless the context indicates the contrary, the word "lot" shall
include the word "plot"; the word "structure" shall include the word
"building"; the word "may" is permissive. The word "use" and the word
"used" refer to any purpose for which a lot or land or part thereof
is arranged, intended, or designed to be used, occupied, maintained,
made available or offered for use, or erected, reconstructed, altered,
enlarged, moved, or rebuilt with the intention or design of using
the same.
[Adopted 1-8-1992 by Ord.
No. 1564]
No yard, or part thereof, or any other open space, or off-street
parking or loading space required, about, or in connection with any
building for the purpose of complying with this chapter, shall be
included as part of a yard, open space, or off-street parking or loading
space similarly required for any other building.
[Adopted 1-8-1992 by Ord.
No. 1564]
No yard, lot, open space, parking or loading area or other areas
required by this chapter that existed at the time of passage of this
chapter shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet at least the minimum requirements established
by this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
Except as hereinafter specified in this chapter, yards required
by this chapter shall be entirely free of building or parts thereof.
[Adopted 1-8-1992 by Ord.
No. 1564]
Corner lots shall provide the minimum front yard setback requirements
for the respective zone for all intersecting streets.
[Adopted 1-8-1992 by Ord.
No. 1564]
Cornices and eaves, chimneys and bay windows shall not project
more than two feet over any required yard or court except that no
projection shall be closer than three feet to a lot line. Any projection
over two feet shall be considered part of the principal building and
shall conform to all setbacks.
[Adopted 1-8-1992 by Ord.
No. 1564]
Sills, leaders, belt courses and similar ornamental or structural
features shall not project more than six inches into any required
yard or court.
[Adopted 1-8-1992 by Ord.
No. 1564]
Porches and entries, uncovered or covered, shall be considered
as part of the principal building and shall not project into required
yard areas, unless otherwise permitted in this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
Through lots should be avoided, however in the event one exists,
each frontage shall maintain the required lot width and front yard
setback of the Zone in which the lot is located.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-14-2001 by Ord. No. 1883]
Unless specifically stated otherwise in this section, all front
yards must face on a minimum 50 feet wide right-of-way for the required
frontage of the lot. No building or use will be permitted on a lot
unless that lot has the above required frontage on a minimum 50 feet
right-of-way, and such frontage has been improved in accordance with
the minimum municipal standards for 1/2 the width of the right-of-way
or, at the discretion of the Municipal Engineer, such improvements
have been guaranteed by cash or bond.
[Adopted 1-8-1992 by Ord.
No. 1564]
Where a building lot has frontage upon a street which on the
Master Plan or Official Map of the municipality is contemplated for
right-of-way widening, the required front yard setback and lot area
shall be calculated utilizing the proposed future right-of-way line.
[Adopted 1-8-1992 by Ord.
No. 1564]
Where a lot is formed from part of another lot, such division
shall be effected in such a manner as not to impair any of the requirements
of this chapter with respect to any existing building or yards and
open spaces in connection therewith. No permit shall be issued for
the erection of a new building on a new lot thus created unless it
complies with all the provisions of this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 12-22-2004 by Ord. No. 2002]
No soil, mineral or similar material may be removed from or
placed on any lot, except that which is purely incidental to the construction
of a building or structure. When the quantity of cubic feet to be
excavated (except for building foundations and permitted accessory
uses) or filled equals or exceeds 2% of the square feet of the lot
to be filled or excavated, or in any event if the change in elevation
is two feet or more, a variance shall first be obtained from the appropriate
Municipal Agency. Application for said variance must contain elevations
or contours at not more than two-foot intervals and proposed finished
grades on a map drawn to a scale of not less than one inch equals
50 feet, which map shall be furnished by a licensed engineer or land
surveyor. No fill material shall consist of any type of industrial
wastes, building debris, obnoxious materials, or similar substances.[1]
[Adopted 1-8-1992 by Ord.
No. 1564]
No outside display of wares for sale, vending machines, or products
manufactured on the site shall be permitted in the front yard on any
lot, except as otherwise permitted by this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 9-12-2011 by Ord. No. 2175]
Roof structures such as mechanical equipment, water towers,
etc. shall be screened from public view, or designed, in such a fashion
as to complement the architecture of the building. This restriction
shall not apply to solar panels erected on the roof of a building
as long as it is demonstrated to the satisfaction of the Planning
Administrator or his/her designee that the placement of the panels
without screening is necessary for the efficient operation of the
panels.
[Adopted 1-8-1992 by Ord.
No. 1564]
At the intersection of two or more streets, no wall, fence,
hedge, or other structure shall be erected to a height in excess of
2 1/2 feet above curb level, nor any other obstruction to vision
shall be permitted within the required sight triangle.
[Adopted 1-8-1992 by Ord.
No. 1564]
All uses not specifically permitted in a zone are specifically
prohibited in that zone.
[Adopted 1-8-1992 by Ord.
No. 1564]
Site plan approval shall be required to construct or expand
off-street parking in all zones, except that no such permit shall
be required for a driveway of a single family residence.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 5-23-2001 by Ord. No. 1889, 7-14-2004 by Ord. No. 1986]
All trailers, trailer coaches, or automobile trailers or any
vehicle or structure designed and constructed in such manner as will
permit occupancy thereof as sleeping quarters for one or more persons,
or the conduct of any business or profession, occupation or trade,
and originally designed to be mounted on wheels or used as a conveyance
or propelled or drawn by its own or other motive power and from which
said wheels or other means of locomotion or transportation have been
removed, shall be prohibited in the municipality. The municipal Building
Inspector shall not issue a building permit, Certificate of Occupancy
or other permits or certificates which will permit said trailers,
trailer coaches, automobile trailers or other such vehicles, to be
located within the territorial limitations of the municipality.
In residential zones, recreation vehicles, boat trailers, and
boats shall be permitted to be stored in any yard but shall not be
located any closer to a side or rear lot line than a permitted accessory
building of similar size and height. They shall not be permitted to
be stored in a front yard for periods exceeding two weeks. No boat
or recreation vehicle shall be lived in by any person at any time.
There shall be no more than one recreation vehicle stored on any residential
lot at one time. There shall be no boat or recreation vehicle of more
than 26 feet in length stored on a residential lot. No trailer or
recreation vehicle shall be stored continuously on a lot for a period
of more than one year.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746]
All trailers whose prime purpose is to sell, store, maintain,
and repair goods shall be prohibited in the municipality. The Municipal
Construction Official shall not issue permits or certificates which
will allow said trailers to be located within the territorial limitations
of the municipality. The only exceptions are that the Construction
Official may issue a permit for a construction office and storage
trailer on any site for the period during construction and the Planning
Board may grant approval for a sales trailer at new residential developments.
[Adopted 1-8-1992 by Ord.
No. 1564]
No vehicles or structures for temporary sales of any goods shall
be permitted on any lot unless a site plan has been approved by the
Municipal Agency.
[Adopted 1-8-1992 by Ord.
No. 1564]
No dwelling or principal structure shall be erected on land
which is unsuitable for improvement because it is subject to flooding
or other hazards to life, health, or property, unless the owner agrees
to take approved adequate measures to eliminate such hazards. Such
approval must be obtained from the Planning Board. The Board shall
make or instigate adequate investigation by a recognized, trained
or licensed authority before granting approval and only after a public
hearing thereon. Expense incurred for such investigation must be paid
for by the applicant, and no certificate or permit shall be issued
until payment in full is received. The exception to the above would
apply to structures necessary for access and safety such as bridges,
culverts, or protective walls and fences or for accessory agricultural
structures, such as irrigation facilities, dependent upon access to
water.
[Adopted 1-8-1992 by Ord.
No. 1564]
Any use not permitted in a zone but for which approval is given
by the Zoning Board of Adjustment shall comply with the bulk standards
of the most restrictive zone in which the use is permitted, as determined
by the Zoning Officer. If the use is not permitted in any zone within
the Township, the standards applying to the most restrictive zone
within which a similar use is permitted, as determined by the Zoning
Officer, shall apply. Where no such similar use exists, the standards
of the subject zone shall apply.
[Adopted 1-8-1992 by Ord.
No. 1564]
Any multiple use or string of flags or pennants for display
or to attract attention shall not be permitted in any zone. Temporary
use of string of flags or pennants for grand openings only may be
permitted for a period not to exceed 30 days upon approval of the
Construction Official.
[Adopted 1-8-1992 by Ord.
No. 1564]
No building or structure shall be erected within the designated
one-hundred-year floodplain as defined on the Township Flood Insurance
Rate Map, prepared by the U.S. Department of Housing and Urban Development
Federal Insurance Administration, dated October, 1977, as amended,
or as defined in the Township of Ocean Drainage Master Plan, prepared
by Schoor Engineering, Inc. dated December 1976, copies of which are
on file in the office of the Township Engineer at the Municipal Building.
In the event of a conflict between the two floodplain delineations,
the more restrictive shall apply.
[Adopted 1-8-1992 by Ord.
No. 1564]
The Municipal Agency may require the designation of any portion
of a site plan or subdivision as a conservation easement. In the event
that a conservation easement is required in connection with a development
application, the developer or owner shall be required to make reference
to said easement and the restriction relating thereto in any future
conveyances involving property which includes said easement.
No grading or removal of vegetation, with the exception of limited
thinning, shall be permitted in a conservation easement. Limited thinning
shall only be done with the approval and supervision of the Township
Engineer or his authorized replacement.
Structures permitted to be constructed in a conservation easement
shall be limited to fencing and drainage structures, and shall only
be permitted by approval of the Planning Board. Fencing shall comply
with all applicable requirements of this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
Multiple principal buildings may be constructed on any lot in
any zone, except that only one principal building shall be permitted
on any single family residential lot in any zone.
[Adopted 1-8-1992 by Ord.
No. 1564 as Recyclable Material Storage, amended 4-21-1993 by Ord. No. 1629, deleted 3-19-1997 by Ord. No.
1770. Subsection 21-20.31. Discontiguous Cluster
Option, added 1-26-2005 by Ord.
No. 2003]
Where specifically permitted, applicants may utilize land that
is discontinuous to the principal tract in order to calculate the
permitted number of dwelling units for a cluster development in any
zone where the Discontiguous Cluster Option is permitted.
In order to qualify for the discontinuous cluster option, the
discontinuous tract must be a minimum of one acre in area, and must
be dedicated to, and accepted by, the governing body for use for municipal
purposes recreation or open space. In the alternative, an applicant
may agree to donate to an established Open Space Trust Fund, the sum
of $200,000 per acre for future acquisition of land for recreation
and open space, in lieu of the actual dedication of land. In the event
an applicant chooses the alternative donation of funds, payment shall
be made according to the following schedule:
For single family subdivisions, the total payment due shall
be divided by the number of dwelling units to establish an amount/unit
to be donated per unit. A total of 1/2 of the total due (number of
dwelling units x 1/2 of the donation/unit) shall be provided upon
the signing of a developer's agreement between the Township and the
developer for the development, or phase of the development if the
development is phased. Unless otherwise specified by the Municipal
Agency at the time of final approval, the balance due per unit shall
be provided prior to the release of any portion of the performance
bond for the development.
For Senior Citizen Apartment Option developments, payment shall
be made as follows: The total due shall be divided by the total number
of principal buildings in the development to determine a donation
per building. A total of 1/2 if the total due per building shall be
provided upon issuance of the building permit for each building in
the development. The balance of 1/2 of the donation per building shall
be due and paid at the time of the issuance of the Certificate of
Occupancy for the building. No Certificate of Occupancy shall be issued
unless the total donation per building has been paid for that building.
In the event of a detached single family residential cluster, the overall cluster development must meet the requirements for land dedicated for common use as described in § 21-22.2b1(c), including the provisions that the land dedicated for common use be a minimum of 25% of the total area of the development (principal and discontinuous tracts) and that an area dedicated for common use be a single usable area that is a minimum of 50% of the total dedicated area or five acres, whichever is greater.
The total permitted number of units to be constructed on the
principal tract shall be calculated as follows:
a.
The calculation for the number of units permitted for the principal
tract shall be the area of the principal tract in acres times the
permitted density for the zone of the principal tract. In the event
that the principal tract is split zoned, the permitted density shall
be calculated utilizing the relative areas and densities of the principal
tract for each of the zones. In the event that the principal tract
is located in an overlay zone, the density utilized shall be that
which is permitted for the specific permitted use to which the principal
tract is to be developed.
b.
The calculation for the number of units that shall be calculated for a discontinuous tract shall be that which is permitted for a single family residential cluster subdivision in the zone in which the discontinuous tract is located. In the event that the discontinuous tract is located in a nonresidential zone, or the applicant is utilizing the alternative of donating $200,000 per acre to the Open Space Trust Fund, the number of units shall be calculated utilizing the area of the discontinuous tract and the density of the proposed permitted use in the zone or overlay zone in which the principal tract is located. In the event that the principal tract is split zoned, the density used shall be the average density permitted on the principal tract (the total units permitted on the principal tract as calculated in Subsection a above divided by the total acreage of the principal tract).
c.
The total number of units permitted to be constructed on the principal tract shall be the sum of the units in Subsections a and b provided that:
1.
There is no limit as to the total number of units to be constructed
in the zone in which the principal tract is located.
In the event that there is a limit to the total number of units that can be constructed in the zone, the total number of units permitted on the principal tract shall not exceed the sum of Subsections a and b above, less any units that exist or have been approved for construction on other tracts in the subject zone.
2.
The proposed development substantially complies with the bulk requirements
for the zone for the specific permitted use.
For clarification of this requirement, it is understood that
many developments require one or more "bulk" variances, and that the
provisions of the MLUL with regard to the granting of "bulk" variances
may be applicable in certain circumstances. However, it is the intent
of this provision to require developments that substantially comply
with the "bulk" provisions of this subsection for the specific use,
rather than to relax those standards for the sole purpose of allowing
the number of units calculated above to be constructed on the site.
More specifically, it is the intent of this provision of the subsection
that the "appropriate population density" of the principal tract is
the lesser of that which is calculated above, and that which may reasonably
be constructed on the principal tract utilizing the bulk criteria
for the specific use in the specific zone.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Exterior alterations which substantially change the residential character
and nature of a building for the purpose of changing the use of the
building, such as from a residence to a home professional office,
shall not be permitted in any residential zone unless otherwise specifically
permitted in this chapter.
b.
There shall be no more than one principal residential building or
dwelling unit erected or established on any one lot in any residential
zone, except, where multifamily buildings or townhouses are permitted,
more than one building or dwelling unit may be erected in conformance
with development standards of that zone.
c.
If a conflict arises between the permitted number of units of residences
per acre and the development standards, the more restrictive standard
will take precedence. Development standards are lot size setbacks,
and similar limiting provisions. This conflict may arise due to unsuitable
geology of land, unusual shape, or other factors which prevent the
full use of the land and still meet all development standards.
d.
Outside storage of inoperable vehicles or vehicles not currently
registered, licensed, insured, or being used for transportation shall
not be permitted for more than 30 days.
[Amended 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881]
e.
Any individually registered commercial vehicle longer than 22 feet
in length or 10 feet in height measured from the highest point of
said vehicle excluding exhaust stacks and antennae or having a registered
weight of 18,000 pounds or more, shall be prohibited from standing
or parking on any property located in any residential zone.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Use and Occupancy Regulations. For the reasons stated in Subsection b below, the use and occupancy of detached dwellings throughout all residential districts shall be restricted to families only as defined in this subsection.
b.
Purpose. The preservation of "family style living" and the preservation
of the character of residential neighborhoods as such are legitimate
zoning goals. The Township of Ocean is concerned with maintaining
the stability and permanence generally associated with single family
occupancy throughout its residential neighborhoods. A municipality
may endeavor, by legitimate means, to secure and maintain the blessings
of quiet seclusion and to make available to its inhabitants the refreshment
of repose and the tranquility of solitude. The Township of Ocean possesses
these goals and, by the regulation herein contained, implements them
in a manner which bears a reasonable relationship to the problem sought
to be ameliorated. That problem is the use and occupancy of single-family
dwellings interspersed among the residential neighborhoods of the
community, by groups of individuals whose living arrangements, although
temporarily in the same dwelling unit, are transient in nature and
do not possess the elements of stability and permanency which have
long been associated with single family occupancy. Such living arrangements
are not compatible with the family style living sought to be preserved.
Such occupancies are in the nature of rooming houses, boarding homes,
hotels, motels, and the like. Such uses do not meet the definition
of family as contained in this subsection and are prohibited in detached
dwellings in all residential zones. This subsection provides zoning
classifications which allow for ample apartment and townhouse uses,
and there are presently many such uses in existence through the Township.
Ample housing exists within the Township of Ocean for those who choose
to live under arrangements which do not meet the definition of family
as provided in this subsection.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-1 Residential Zone is to provide for and
protect the character of the existing low density residential areas.
The provisions and regulations set forth herein encourage the future
development and maintenance of this area as a residential area for
strictly residential purposes by prohibiting commercial development
or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Farms.
[Amended 8-21-1996 by Ord. No. 1746]
6.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
7.
Golf course/country clubs.
[Added 8-14-2002 by Ord.
No. 1936]
8.
Rehabilitation and vocational training center for the physically
and/or neurologically disabled.
[Added 11-9-2009 by Ord.
No. 2140]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-1 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule which is attached to this chapter:
a.
Single-Family (Non-Cluster).
1.
Principal buildings.
(a)
Minimum lot size : 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.) : 50 feet.
(e)
Minimum side yard setback : 20 feet.
(f)
Minimum both side yard setbacks : 40 feet.
(g)
Minimum rear yard setback : 40 feet.
(h)
Minimum gross floor area.
Two story dwellings:
First floor minimum: 1,400 square feet.
Overall minimum: 2,700 square feet.
One and one-half story dwellings:
First floor minimum: 1,600 square feet.
Overall minimum: 2,500 square feet.
Single story dwellings: 2,300 square feet.
(i)
Maximum lot coverage.
building: 20% of buildable lot area
impervious: 75% of buildable lot area
(j)
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228]
b.
Single-Family (Cluster).
1.
General requirements and provisions for cluster residential development.
The purpose of this subsection is to provide a method of development
for residential land which will nevertheless preserve desirable open
spaces, including floodplain areas, recreation and park areas and
lands for other public purposes, by reducing the lot sizes without
increasing the number of lots permitted.
(a)
A cluster residential development for single-family dwelling
purposes shall occupy 20 acres or more and shall be a permitted use
at the discretion of the Planning Board in any single-family zone.
Adjacent properties may be added on to and incorporated into an existing
cluster subdivision provided they are integrated with the existing
cluster subdivision via common access and the area dedicated for common
use meets the requirements for the overall subdivision. Where adjacent
properties in a residential zone have already been developed in accordance
with the cluster area requirements for the residential zone, and the
proposed subdivision is not integrated into the existing cluster subdivision,
the 20 acre minimum requirement shall be reduced to 10 acres and five
acre dedication may be reduced to three acres, provided that the Planning
Board determines that the additional cluster use is not detrimental
to the intent and purpose of this zone or the surrounding existing
residential uses.
A single cluster residential development may be permitted on
a single tract which is located in more than one residential zone
provided that cluster residential development is permitted in each
of the zones and provided that all lots conform to the requirements
of the individual zone in which they are located. In such instances,
density shall be calculated separately for the portion of the tract
in each separate zone.
[Amended 2-19-1997 by Ord. No. 1764]
(b)
The proposed development shall follow all applicable procedures,
standards and requirements of the ordinance governing the subdivision
of land.
(c)
There shall be dedicated for common use a minimum 25% of the
gross acreage in the cluster subdivision. This percentage shall not
include streets. Of the area dedicated for common use, a minimum of
50% or five acres, whichever is greater, shall be a contiguous, usable
area as determined by the Municipal Agency, and be free of environmental
constraints such as wetlands, floodplain, floodway, flood hazard area,
or slopes with gradients over 15%. In no event shall the area to be
dedicated for common use be fragmented into small, unusable parcels
except to conserve critical environmental areas. The Municipal Agency
shall, prior to reaching its determination, confer with other interested
municipal agencies as to the advisability of accepting the lands to
be dedicated, and their use.
[Amended 1-5-1994 by Ord.
No. 1675]
(d)
At the discretion of the Planning Board, the subdivider may
be allowed to reduce the minimum lot frontage, minimum lot width,
minimum lot depth, and minimum lot area in accordance with the provisions
of this section.
(e)
A portion of the land to be donated for public purposes shall
be at least a usable, single, five acre tract.
(f)
All lands within the subdivision other than streets and building
lots shall be under the ownership of a legally created nonprofit homeowners'
association which shall run with the land and be included in the deed
according to State Statutes, or shall be deeded to the municipality
for public purposes. The Planning Board at its discretion may choose
which method is to be used and which lands are to be so dedicated.
(g)
Lands to be deeded for public purposes shall be located, shaped,
improved and developed as required by the Planning Board which shall
consider the suitability, physical condition, and location of the
lands in regard to its proposed uses and to the needs of the municipality
in reaching its determination.
(h)
Should the subdivision consist of a number of development stages,
the Planning Board may require that acreage and improvements proportionate
in size to the stage being considered for final approval be donated
to the municipality simultaneously with the granting of final subdivision
approval for the particular stage even though these lands may be located
in a different section of the overall development.
(i)
The Planning Board shall state the specific use or range of
uses for which the donated public lands will be used, and this shall
be included in the resolution approving the subdivision.
2.
Principal buildings.
(a)
Minimum lot size: 30,000 square feet.
(b)
Minimum lot width: 125 feet (interior lot).
- 150 feet (corner lot).
(c)
Minimum lot depth: 150 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 50 feet.
(e)
Minimum side yard setback: 20 feet.
(f)
Minimum both side yard setbacks : 40 feet.
(g)
Minimum rear yard setback : 40 feet.
(i)
Maximum lot coverage.
building: 20% of buildable lot area
impervious: 75% of buildable lot area
(j)
Maximum density: 1.0 units per acre of total lot area.
[Amended 1-5-1994 by Ord.
No. 1657]
(k)
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(l)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
3.
Accessory buildings and uses. All accessory buildings and uses in
a cluster arrangement shall conform to the development standards of
accessory buildings and uses in the non-cluster arrangement.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements of this
chapter.
b.
Landscaping is required subject to requirements of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Added 6-18-1997 by Ord.
No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 9-21-1994 by Ord.
No. 1679]
The PAC Option shall be applied in only those areas of the R-1
Zone which are specified on the Official Zoning Map of the Township
of Ocean. It is the purpose of the PAC option to provide an alternative
form of "housing for older persons," not otherwise available within
the Township, while not adversely impacting or overburdening the local
street system, the school system, the sanitary sewerage system and
other community services and facilities.
a.
A Planned Adult Community Option shall be permitted only if:
1.
Adequate sewers are available, or are to be made available by the
applicant, to serve the proposed development; and
2.
West Park Avenue east of Green Grove Road and west of Route 18, and
Green Grove Road for its entire length within the Township are improved
sufficiently to accommodate traffic from the development, to the satisfaction
of the Planning Board, or are to be improved to the satisfaction of
the Planning Board by the applicant.
b.
In the event that the applicant elects to develop the property as
a Planned Adult Community, the following shall apply:
1.
The gross residential density shall not exceed 2.5 dwelling units
per acre of gross lot area, but in no case shall the total number
of units in any PAC exceed 370. Gross residential density shall be
the total number of dwelling units divided by the gross lot area of
the entire Planned Adult Community development parcel.
2.
The developer shall reserve no less than 25% of the site for recreation
and open space purposes. A minimum of five contiguous acres of usable
land, not a part of any floodplain, freshwater wetlands area or freshwater
wetlands area buffer, shall be reserved for recreation and open space
purposes. This land may be utilized for the provision of "facilities
and services specifically designed to meet the physical or social
needs of older persons" as required for a PAC. The location shall
be approved by the Planning Board. Title to all reserved or common
land shall be held in fee simple by the Homeowners' association, except
that the municipality may elect to have certain areas dedicated to
the municipality.
3.
A Homeowners' association shall be required to be established by
a Master Deed. Said deed shall require that the Homeowners' association
establish and maintain "significant facilities and services specifically
designed to meet the physical or social needs of older persons" as
required by the Federal Fair Housing Act. No more than 25% of the
units in a PAC shall be occupied prior to these facilities being fully
constructed and operational. Such facilities shall include:
(a)
A community clubhouse. Facilities within the clubhouse shall
include an all purpose room, a commercial style kitchen, rest rooms
and other such accommodations proposed by the applicant and deemed
appropriate by the Planning Board. The minimum area of such facilities,
as measured from the inside of the building walls, shall be 25 square
feet per dwelling unit or 9,000 square feet, whichever is greater.
[Amended 12-3-1997 by Ord. No. 1786]
(b)
A swimming pool, not less than 3,000 square feet in area, of
which a minimum of 50% shall be four feet deep or less.
[Amended 2-19-1997 by Ord. No. 1764]
(c)
Additional outdoor recreation facilities, such as a putting
green, bocce courts, tennis courts, etc., geared towards senior citizens
shall also be provided. Any outdoor recreation facility shall be utilized
only by residents of the PAC or their guests, and shall not be available
for use by the general public.
[Amended 2-19-1997 by Ord. No. 1764]
(d)
Transportation amenities, such as sheltered bus stops, or other
facilities geared specifically for senior citizens shall also be provided
if required by the Planning Board.
(e)
Parking for the above facilities in the amount of one parking
space for each 100 square feet of building area.
(f)
Parking of recreational vehicles or boats shall be prohibited
anywhere within a Planned Adult Community. Recreational vehicles,
for the purpose of this requirement, shall mean any: truck or van
which has an overall length, bumper to bumper, of more than 20 feet;
any motor home; vehicle or structure designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons; or trailer or camping "pop-up" trailer. In addition,
the master deed shall require "that the owner of each individual unit
be a member of the Homeowners' association, that all member households
have at least one person who is minimum of 55 years of age or older,
that all permanent occupants of any member housing unit be 18 years
of age or older, and that no housing unit within the development have
more than two bedrooms." The above restrictions shall also be a requirement
of every deed for each individual parcel in the PAC.
[Amended 12-1-1999 by Ord. No. 1839, 1-10-2001 by Ord. No. 1875]
4.
A PAC shall be of a size not less than 50 acres.
5.
A PAC shall have a minimum frontage of 1,000 feet on Green Grove
Road. Vehicular access shall be permitted from both Green Grove Road
and West Park Avenue, provided that any access drive on West Park
Avenue is a minimum of 750 feet from the intersection of West Park
Avenue and Green Grove Road and provided there is a minimum of 600
feet of sight distance along West Park Avenue in either direction.
[Amended 2-19-1997 by Ord. No. 1764]
6.
Multiple road accesses from any PAC onto Green Grove Road shall be
separated by at least 800 feet of frontage.
7.
(Reserved) [Deleted 12-3-1997 by Ord. No. 1786]
8.
Dwelling Units shall be detached single-family dwelling units or
duplex units attached on a common lot line. No more than 50% of the
total units shall be duplex units. The development shall utilize the
following standards:
(a)
Minimum setbacks from perimeter property lines:
Green Grove Road and West Park Avenue: 150 feet
Vacant parcels and existing single family residential property:
100 feet
All other developed property: 50 feet
[Amended 2-19-1997 by Ord. No. 1764]
(b)
Minimum lot area Single family: 5,500 square feet*
* The average lot area for all single-family dwellings shall
not be less than 6,000 square feet and no more than 1/2 if the single-family
dwellings shall be on lots of less than 6,000 square feet
Duplex: 5,000 square feet per unit
(c)
Minimum lot width: 50 feet.
(d)
Minimum lot depth: 100 feet
[Amended 12-3-1997 by Ord. No. 1786]
(e)
Minimum setbacks:
Front yard: 30 feet*.
One side yard:
Single family: five feet.
Duplex: zero feet.
Both side yards: 15 feet.
Rear yard: 25 feet*.
|
Notes:
|
|---|
|
* In order to promote a desirable visual environment through
creative design techniques, where a minimum 100 square foot open front
porch or open wraparound front porch is provided:
|
|
The front yard setback may be reduced to 25 feet;
|
|
For lots which back up to dedicated open space the rear yard
setback may be reduced to 15 feet;
|
|
For lots which back up to other lots within the subdivision,
the rear yard setback may be reduced to 15 feet provided the average
distance between buildings is not less than 35 feet where buildings
back up to one another, or 25 feet where the rear of a building faces
the side of a building. The average distance shall be calculated by
averaging the closest and farthest points between the two opposing
facades as measured along lines drawn perpendicular to the common
lot line.
[Amended 12-3-1997 by Ord. No. 1786] |
(f)
Maximum lot coverage: 40% of total lot area.
[Amended 12-3-1997 by Ord. No. 1786]
(g)
Maximum building height:
1 Story above grade: 25 feet
2 Stories above grade: 30 feet
[Amended 12-3-1997 by Ord. No. 1786]
(h)
Other provisions.
(1)
In order to avoid a "cookie cutter" appearance to the PAC, lot
widths and depths and building setbacks shall be varied. In this regard,
the following criteria shall be followed:
(i)
No more than two buildings in a row which front
on the same street shall have the same architectural dimensions.
(ii)
On all streets, except cul-de-sac bulbs and streets
where the center line radius is less than 350 feet, one of the following
measures shall be taken:
[a]
No more than two lots in a row which front on the
same street shall exist without a variation in lot width of at least
10 feet. Lot depths shall remain consistent for all lots facing the
same street frontage on any block in order to avoid irregular rear
lot lines, or;
[b]
The plan shall provide for a variation in building
side yard setbacks so that no more than three houses in a row which
front on the same street shall exist without a minimum ten-foot difference
in separation of the buildings. Lot depths shall remain relatively
consistent for all lots facing the same street frontage on any block
in order to avoid irregular rear lot lines. Where this provision is
implemented, the applicant shall restrict additions to residences
by both deed restriction and a provision in the bylaws of the homeowners'
association. Such restriction shall become a condition of approval.
[Amended 2-19-1997 by Ord. No. 1764]
(2)
Architectural plans shall be submitted for all buildings or
building types at the time of preliminary and final subdivision/site
plan application. The purpose of requiring such plans is to insure
the provision of a desirable visual environment as provided in the
Municipal Land Use Law, and to insure that the development will comply
with the floor plan requirements of this section. Architectural plans
shall include floor plans and elevations indicating the styles, materials
and colors of all proposed buildings or building types, including
recreational buildings, maintenance buildings and residences. Building
styles, materials and colors shall maintain a consistent theme throughout
the PAC, but shall provide enough variety so as to avoid monotony.
The Planning Board shall have the right to require the applicant to
alter building styles, materials and/or colors in order to achieve
the goal of a desirable visual environment.
(3)
A buffer, a minimum of fifty-foot wide, shall be placed along
all perimeter property lines abutting existing single family residences,
vacant parcels, Green Grove Road and West Park Avenue. This buffer
shall include a berm a minimum of four feet high in addition to the
required plantings. A minimum twenty-five-foot wide buffer shall be
required on all other perimeter property lines. The buffer area shall
include a substantial planting of evergreen trees, shrubs and deciduous
trees, and may also include fencing. A substantial portion of the
buffer shall consist of two rows of evergreen trees spaced 10 feet
on centers, but in order to provide visual interest these rows shall
be broken up with less formal plantings of evergreen and deciduous
trees and shrubs. These buffer areas may be included in the calculation
of 25% open space required above.
[Amended 2-19-1997 by Ord. No. 1764]
(4)
No accessory buildings or fencing shall be permitted on an individual
homeowner's lot. Accessory buildings and fencing on common land shall
conform to the height and setback requirements of accessory buildings
in the R-4 Zone.
[Amended 12-1-1999 by Ord. No. 1839, 1-10-2001 by Ord. No. 1875]
(5)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches less than three feet in
height, must maintain the required front yard setback of the principal
building and a minimum five feet setback from side and rear property
lines. For lots abutting dedicated open space which is a minimum of
100 feet wide as measured perpendicular to the rear lot line of the
subject lot, decks greater than three feet in height may maintain
a minimum five-foot setback to the property line abutting open space
lots. For all other lot lines, the setback of the deck shall be the
greater of 10 feet or the required front, side, and rear yard setbacks
of the principal building, except that stairs accessing such decks
shall be permitted to be located a minimum of five feet from a side
or rear lot line. All other accessory structures must maintain the
required front, side, and rear yard setbacks of the principal building.
Fences are specifically not covered by this restriction and are governed
elsewhere in this chapter.
[Amended 8-13-2003 by Ord. No. 1961]
(6)
There shall be within each dwelling unit, adequate area for
the temporary storage of recyclable materials, as required in this
chapter.
(7)
Common areas of any tract utilized for a PAC which are not accepted
by the Township shall be deeded to the above required homeowners'
association for use, control, management and maintenance.
(8)
Every dwelling unit shall have a minimum of a one car garage,
with a minimum 240 square feet of area. Such garage shall not be permitted
to be converted to living space. All other off-street parking is required
subject to the regulations of this chapter.
(9)
Landscaping is required as follows:
(i)
All lawn areas shall consist of sod. All lawn areas
and planting beds shall be sprinklered. In order to insure the consistent
and continued operation of sprinkler systems, the maintenance and
cost of operation (including water) of sprinkler systems shall be
born by the Homeowners' association.
(ii)
All other landscaping requirements shall be subject
to the regulations of this chapter.
(10)
All internal and external improvements found necessary
in the public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land. All street right-of-way widths shall not be
less than 50 feet, and all curb to curb pavement widths shall not
be less than 30 feet. No building permit shall be issued unless and
until adequate performance guarantees of proper installation of such
improvements shall have been posted in accordance with municipal ordinances.
(11)
Maintenance.
(i)
All lands and structures not deeded to and accepted
by the municipality shall be serviced and maintained by the Homeowners'
association including but not limited to the maintenance of building
exteriors and grounds, street maintenance, snow plowing and similar
services.
(ii)
The above maintenance, including the maintenance
of any property owned in fee simple by a homeowner, shall be subject
to the provisions of Subsection 21-31.2b8(o)(17)(ii) through (viii).
Any notices served in regard to failure to maintain property shall
be served upon the Homeowners' association, and it shall be the responsibility
of the Homeowners' association to cure said deficiencies or lack of
maintenance.
[Added 2-28-2001 as Single Family
Court Chester Overlay Option by Ord. No. 1884, deleted 12-11-2002 by Ord. No.
1944, added 12-30-2014 by Ord. No. 2234]
The PAC-2 Overlay Option shall be applied only to those areas
of the R-1 Zone that are specified in the Official Zoning Map of the
Township of Ocean. The purpose of the PAC-2 Overlay Option is to provide
a Planned Adult Community on an environmentally encumbered parcel
of land in order to give recognition to the unique features of the
overlay zone and to accommodate the provision of affordable housing
off tract through a payment in lieu of constructing affordable units
on-site.
a.
A Planned Adult Community Development Option 2 Development shall
only be permitted if:
b.
In the event that the applicant elects to develop the property as
a PAC-2 Overlay Option, the following shall apply:
1.
Minimum area of the Planned Adult Community shall be 60 acres. The
residential density shall not be exceed one dwelling unit per gross
acre, but in no case shall the total number of units in the PAC-2
Overlay Option exceed 75 units.
2.
Any parcels within the PAC-2 Overlay Option zone that are not included
as a part of a Planned Adult Community development shall be subject
to the use and bulk requirements of the underlying R-1 Zone.
3.
A minimum of 50% of the total tract area shall remain as undeveloped
open space. Required buffer areas shall be considered developed area,
and shall not be considered as undeveloped open space.
4.
A minimum buffer, fifty-foot wide, shall be provided along all perimeter
property lines. The buffer shall include a berm varying in height
from two feet to five feet a solid screen of evergreen trees and shrubs,
and a mixture of deciduous trees and shrubs. Where undisturbed natural
vegetation exists, the Planning Board may waive the requirement for
the berm in order to preserve the natural vegetation, but may still
require supplementary vegetation to provide adequate screening. The
applicant may also construct fencing in a buffer where deemed appropriate
by the Planning Board, and the Planning Board reserves the right to
require fencing in those locations where it deems such fencing to
be necessary to provide adequate screening for adjacent residential
properties.
5.
A Homeowner's Association shall be required to be established by
a Master Deed. Said deed shall require that the Homeowner's Association
operate and maintain recreation facilities and maintain all commonly
owned or commonly utilized properties and/or improvements including,
but not limited to, streets and circulation drives, curbs, walkways,
parking areas, site lighting, storm drain collection and utility service
systems, buffers, open spaces and stormwater management facilities.
Recreational facilities shall be provided and shall be available only
to members of the Homeowner's Association and their guests, and shall
not be available for use to the general public. No more than 25% of
the units in a development shall be occupied prior to these facilities
being fully constructed and operational. Such facilities shall include:
(a)
A community clubhouse. Facilities within the clubhouse shall
include an all purpose room, a commercial style kitchen, rest rooms
and other such accommodations proposed by the applicant and deemed
appropriate by the Planning Board. The minimum area of such facilities,
as measured from the inside of the building walls, shall be 3,000
square feet.
(b)
A swimming pool, not less than 1,300 square feet in area.
(c)
A minimum of one tennis court or other outdoor adult recreational
facility.
(d)
Parking for the above facilities in the amount of one parking
space for each 200 square feet of building area.
(e)
The Master Deed shall require that the owner of each individual
unit be a member of the Homeowners' association.
(f)
The Homeowner's Association Master Deed shall prohibit the conversion
of any interior space, which is not designated as a bedroom on the
original approved building permit, to a bedroom, or the conversion
of any garage, patio or deck to indoor living space of any kind.
(g)
Parking of recreational vehicles or boats shall be prohibited
anywhere within a Planned Adult Community. Recreational vehicles,
for the purpose of this requirement, shall mean any: truck or van
which has an overall length, bumper to bumper, of more than 20 feet
any motor home; vehicle or structure designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons; or trailer or camping "pop-up" trailer.
6.
Principal buildings shall be limited to detached single family residences,
and shall be subject to the following standards.
(a)
Minimum tract area: 60 acres.
(b)
Minimum setback from all public roads: 75 feet.
(c)
Minimum lot area: 6,600 square feet.
(d)
Minimum lot width: 55 feet.
(e)
Minimum lot depth: 120 feet.
(f)
Minimum front yard setback (measured from the homeward edge
of the sidewalk): 22 feet.
(g)
Minimum side yard setback: 7.5 feet.
(h)
Minimum rear yard setback: 20 feet.
(i)
Minimum setback from perimeter property lines for entire community:
75 feet.
(j)
Minimum width of perimeter buffer area: 50 feet.
(k)
Maximum impervious lot coverage: 67% of total lot area.
(l)
Maximum building coverage: 40% of total lot area.
(m)
Maximum building height: 30 feet.
(n)
Maximum number of stories: 2.
(o)
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building, and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
(p)
Architectural plans shall be submitted for all buildings or
building types at the time of preliminary and final subdivision/site
plan application. The purpose of requiring such plans is to insure
the provision of a desirable visual environment as provided in the
Municipal Land Use Law, and to provide an accurate accounting of the
total number of bedrooms provided on the site. Architectural plans
shall include floor plans and elevations indicating the number of
bedrooms, styles, materials and colors of all proposed buildings.
Building styles, materials and colors shall maintain a consistent
theme throughout the development, but shall provide enough variety
so as to avoid repetition of design on adjacent buildings. In order
to achieve this goal, any two adjacent buildings shall have different
architectural front elevations that provide enough variation to avoid
obvious repetition and monotony. The Planning Board shall have the
right to require the applicant to alter building styles, materials
and/or colors in order to achieve the goal of a desirable visual environment.
(q)
Second-story attics above garages may be accessed by pull-down or
permanent stairs provided they do not have any plumbing fixtures or
cooking apparatus. Such attic spaces may be finished and climate controlled.
There shall be a deed restriction in place for any such space that
prohibits the space from being used for sleeping purposes.
[Added 10-25-2018 by Ord. No. 2310]
7.
Accessory buildings and structures.
(a)
Accessory structures including, but not limited to sheds, pools,
play courts, basketball nets, and play equipment, are prohibited on
any individual homeowner's lot. Accessory buildings and fencing on
common land shall conform to the height and setback requirements of
accessory buildings in the R-4 Zone.
(b)
One project identification sign, limited to a height of five
feet and a sign area of 32 square feet, is permitted. The sign shall
be located on commonly owned property a minimum of 15 feet from any
street right-of-way or any street pavement, whichever is greater.
(c)
Fences and hedges shall be subject to the special conditions
of this chapter.
(1)
Permitted fencing is limited to fencing around the perimeter
of the development on property lines of common lands under Homeowner
Association ownership that are coincident with property lines of abutting
residences. Such fencing shall not exceed six feet in height, except
that any fencing within 30 feet of a street right-of-way or pavement
shall not exceed four feet in height.
(2)
Privacy screens consisting of shrubs may be installed around
patios and may not exceed four feet in height.
(d)
Patios.
[Amended 10-25-2018 by Ord. No. 2310]
(1)
One patio per dwelling, not exceeding 350 square feet in area,
shall be permitted, and shall meet the required minimum front yard
setback for a principal structure. The edge of any patio surface shall
be no more than one foot above finished grade at any point. Covered
porches and decks shall be permitted, provided they meet the front,
side and rear yard setback requirements of the principal dwelling.
The area of such covered porches and decks shall not be included in
the 350 square feet limitation of the patio area.
(2)
Accessory structures such as, but not limited to, counters,
bars, built-in barbecues, fireplaces, fire pits, and water features
shall be permitted on patios provided they do not exceed four feet
in height, from the patio elevation at the base of the structure,
except that fireplaces may be as high as five feet from the patio
elevation at the base of the structure. The hood of a barbecue is
excluded from this height limitation. Where such structures are located
on the edge of a patio, they shall not exceed the permitted height
from finished grade at that point.
(3)
Walls shall be permitted around patios provided they do not
exceed 30 inches in height above finished grade at any point.
(4)
Minimum patio side and rear yard setback: 10 feet.
(e)
Sidewalks shall be required on both sides of the internal streets
as well as along the site frontage on Green Grove Road and West Park
Avenue. Where sidewalks are located upon individual lots or common
lands owned by the Homeowner's Association, appropriate easements
shall be provided as required at Paragraph b8(e)(8), herein, or as
otherwise required pursuant to Site Plan review by the Planning Board.
8.
Additional requirements.
(a)
There shall be within each dwelling unit, adequate area for
the temporary storage of recyclable materials, as required in this
chapter.
(b)
Common areas of any tract utilized for a PAC, which are not
accepted by the Township shall be deeded to the above required homeowners'
association for use, control, management and maintenance.
(c)
Every dwelling unit shall have a minimum two car garage, with
a minimum 380 square feet of area. Such garage shall not be permitted
to be converted to living space. All other off-street parking is required
subject to the regulations of this chapter.
(d)
All internal and external improvements found necessary in the
public interest including, but not limited to, streets and circulation
drives, parking areas, sidewalks, curbs, gutters, lighting, shade
trees, systems and appurtenant improvements for water distribution,
sewage collection and/or disposal, drainage collection and stormwater
management and distribution of utility services and other similar
systems and/or improvements shall be designed and installed in accordance
with Municipal standards for, or applicable to, major subdivisions
of land as set forth within the Revised General Ordinances of the
Township and/or its Comprehensive Land Development Ordinance.
(e)
The design and dimensioning of all roadways and primary circulation
drives within the development shall be in accordance with the following:
(1)
No residential lot line shall be closer than 14 feet to the
geometric center line of a roadway or primary circulation drive within
the development.
(2)
Paved cartway widths shall be a minimum of 30 feet in dimension.
(3)
Edges of paved cartways shall be bordered and protected by mountable
granite block curbs with monolithic, four inch wide concrete gutters.
(4)
Parking shall be provided/permitted at appropriate locations
along both sides of all roadways and primary circulation drives within
the development.
(5)
Concrete sidewalks having minimum widths of four feet shall
be provided along both sides of all roadways and primary circulation
drives within the development. Sidewalks shall be separated from curbs
by grassed planting strips having minimum widths of 18 inches except
as necessary to provide barrier-free pedestrian access to cartway
crossings.
(6)
The minimum setback distance between any residential dwelling
unit and the pavement edge of any roadway or primary circulation drive
within the development shall be 30 feet.
(7)
The minimum setback distance between any residential dwelling
unit and the house-side edge of any sidewalk within the development
shall be 22 feet.
(8)
A ten-foot wide access and maintenance easement shall be provided
adjacent to every residential lot line which borders a roadway or
primary circulation drive. Primary rights and responsibilities of
the easement shall be assigned to the Homeowners' Association of the
development. The Township shall be assigned such rights as are necessary
to monitor and ensure continuous and satisfactory assumption of easement
responsibilities. Every easement agreement shall be in a form acceptable
to, and approved by, the Township Attorney.
(9)
Subdivision monumentation for roadways and circulation drives,
provided pursuant to requirements of the New Jersey Map Filing Law,
shall be set along access and maintenance easement lines described
above thereby providing simultaneous delineations of easement limits
and street lines via a constant offset of 10 feet throughout the development.
9.
Landscaping requirements.
(a)
All lawn areas on individual lots shall consist of sod. All
lawn areas on common properties may be seeded. All lawn areas and
planting beds, both private and common, shall be sprinklered. In order
to insure the consistent and continued operation of sprinkler systems,
the maintenance and cost of operation (including water) of sprinkler
systems shall be born by the Homeowners' association.
(b)
All other landscaping requirements shall be subject to the regulations
of this chapter.
10.
Maintenance requirements.
(a)
All lands and structures not deeded to and accepted by the municipality
shall be serviced and maintained by the Homeowners' association including
but not limited to the maintenance of building exteriors and grounds,
street maintenance, snow plowing and similar services.
(b)
The above maintenance, including the maintenance of any property
owned in fee simple by a homeowner, shall be subject to the provisions
of Subsection 21-31.2b8(o)(17)(ii) through (viii). Any notices served
in regard to failure to maintain property shall be served upon the
Homeowners' association, and it shall be the responsibility of the
Homeowners' association to cure said deficiencies or lack of maintenance.
c.
Affordable housing. Developments in the Planned Adult Community Development
Option 2 (PAC-2 Overlay Option) Zone shall address the need to provide
affordable housing as hereinafter set forth.
1.
Manner of providing affordable housing. Affordable housing shall
be provided off tract through a payment in lieu of constructing affordable
units on-site. The amount of an in lieu payment shall be subject to
a developer's agreement executed with the Township providing for the
payment of the sum of $1,800,000 based on the approval of 75 market
rate units to be constructed on-tract ($24,000 x 75 approved market
rate units = $1,800,000). The final payment shall be $24,000 times
the number of approved market rate units.
2.
Scope of construction or in lieu payment. Any development shall provide
an in lieu payment of $1,800,000 ($24,000 x 75 approved market rate
units), which payment shall be deposited in the municipal Affordable
Housing Trust Fund to be used for the provision of off-site affordable
housing in accordance with the Township's adopted Housing Element
and Fair Share Plan, as may be amended.
3.
Timing of in lieu payments. The in lieu affordable housing payment
shall be delivered as follows:
No in lieu affordable housing payments are due prior to the
issuance of the building permit for the first six market rate units.
A payment of $24,000 shall be provided prior to the issuance of any
Certificate of Occupancy for each of those first six units. Subsequent
to the issuance of building permits for the first six units, a payment
of $24,000 per unit shall be made prior to the issuance of a building
permit for the balance of market rate units approved.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-1T Residential Transitional Zone is to
provide for and protect the character of existing low density residential
areas, while providing a cluster provision which will permit lot sizes
consistent with surrounding residential lot sizes. The provisions
and regulations set forth herein encourage the future development
and maintenance of this area as a residential area for strictly residential
purposes by prohibiting commercial development or conversions to commercial
or multifamily housing.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal permitted uses and structures.
1.
Single family residential dwellings within a non-cluster or a cluster
development.
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746, 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-1T Residential Zone specified herewith shall be occupied
only indicated below.
a.
Single-Family (Non-Cluster).
1.
Principal buildings.
(a)
Minimum lot size: 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 50 feet.
(e)
Minimum each side yard setback: 20 feet.
(f)
Minimum both side yard setbacks: 40 feet.
(g)
Minimum rear yard setback: 40 feet.
(i)
Maximum lot coverage.
building: 20% of buildable lot area.
impervious: 75% of buildable lot area.
(j)
Maximum building height: 35 feet
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-3-2014 by Ord. No. 2228]
b.
Single Family (Cluster).
1.
General requirements and provisions. General requirements and provisions
for cluster residential development shall be the same as those for
the R-1 Zone as described in Subsection 21-21.2 b.1 of this section.
2.
Principal buildings.
(a)
Minimum lot size: 22,500 square feet.
(b)
Minimum lot width: 125 feet (interior lot).
- 150 feet (corner lot)
(c)
Minimum lot dept: 150 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 50 feet.
(e)
Minimum each side yard setback: 20 feet.
(f)
Minimum both side yard setbacks: 40 feet.
(g)
Minimum rear yard setback: 40 feet.
(i)
Maximum lot coverage:
building: 20% of buildable lot area.
impervious: 75% of buildable lot area
(j)
Maximum density: 1.0 units per acre of total lot area.
[Amended 1-5-1994 by Ord.
No. 1657]
(k)
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(l)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
3.
Accessory buildings and uses. All accessory buildings and uses in
a cluster arrangement shall conform to the development standards of
accessory buildings and uses in the non-cluster arrangement.
4.
Buffering from abutting nonresidential zones, sensitive environmental
areas and arterial roads shall be considered as important factors
in reviewing applications for cluster development.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements of this
chapter.
b.
Landscaping is required subject to the requirements of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Added 6-18-1997 by Ord.
No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 1-10-2001 by Ord.
No. 1880]
The Commercial Development Option shall be applied in only those
areas of the O-1/80 Zone and R-1T Zone which are specified on the
Official Zoning Map of the Township of Ocean. It is the purpose of
the Commercial Development Option to enhance the potential for commercial
development on the eastern side of Route 35 at Deal Road, consistent
with other land uses within the Route 35 Corridor and the "Route 35/Deal
Road Center" as defined on Map 5 - Community Characteristics - of
the Township Master Plan.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-2 Residential Zone is to provide for new
areas and protect the character of existing areas with 1/2 acre lots.
The provisions and regulations set forth herein encourage the future
development and maintenance of these areas as residential areas for
strictly residential purposes by prohibiting commercial development
or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of worship.
[Amended 6-16-2008 by
Ord No 2103]
4.
Public schools, parochial schools and boarding schools.
[Amended 11-4-1998 by Ord. No. 1814]
5.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6.
Community recreation center.
[Added 9-18-1996 by Ord.
No. 1748]
[Adopted 1-8-1992 by
Ord No. 1564]
The R-2 Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Single-Family (Non-Cluster).
1.
Principal buildings.
(a)
Minimum lot size: 22,500 square feet.
(b)
Minimum lot width: 125 feet.
(c)
Minimum lot depth: 125 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.: 50 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Minimum both side yard setback: 30 feet.
(g)
Minimum rear yard setback: 40 feet.
(i)
Maximum lot coverage:
Building: 22% of buildable lot area.
Impervious: 75% of buildable lot area.
[Amended 6-18-1992 Ord.
No. 1585]
(j)
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures, and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228]
b.
Single-Family (Cluster).
1.
General requirements and provisions. General requirements and provisions
for cluster residential development shall be the same as those for
the R-1 Zone as described in Subsection 21-22.2b.1 of this section.
[Amended 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881]
2.
Principal buildings.
(a)
Minimum lot size: 16,875 square feet.
(b)
Minimum lot width: 120 feet.
(c)
Minimum lot depth: 120 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 45 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Minimum both side yard setback: 30 feet.
(g)
Minimum rear yard setback: 40 feet.
(i)
Maximum lot coverage:
building: 25% of buildable lot area
impervious: 75% of buildable lot area
(j)
Maximum density: 1.7 units per acre of total lot area
[Amended 1-5-1994 by Ord.
No. 1657] -
(k)
Maximum building height: 35 feet
[Amended 6-18-1997 by Ord. No. 1774]
(l)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
3.
Accessory buildings and uses. All necessary buildings and uses in
a cluster arrangement shall conform to the development standards for
accessory buildings and uses in the non-cluster arrangement.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building, and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Added 6-18-1997 by Ord.
No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 1-10-2011 by Ord.
No. 2164]
The purpose of the R-2HD Zone is to create an overlay zone for
certain properties within the R-2 Zone known and designated as Lots
33, 33.01, 34, 35, and 36 in Block 37.16 pursuant to a settlement
agreement in litigation known as Martelli at Wayside, LLC v. Township
of Ocean, et al., Docket No. MON-L-5221- 09. The provisions set forth
herein encourage future development of smaller, single-family homes
at a higher density.
[Added 1-10-2011 by Ord.
No. 2164]
b.
Accessory buildings not to exceed 10 feet in height, structures and
uses including:
2.
Private decks.
3.
Private patios, pools and sheds.
4.
Development identification sign. Two permitted and located at least
two feet beyond any proposed right-of-way line. If the identification
sign is located on property not owned by a homeowner's association,
easements must be provided for sign locations. The identification
sign shall have a maximum area of 20 square feet and a height of five
feet.
5.
Development gate house, not to exceed 150 square feet, provided that
the road servicing the development is a private road. If the road
servicing the development is a public right-of-way, no gate house
is permitted. A height of 15 feet is permitted for the gate house.
[Added 1-10-2011 by Ord.
No. 2164]
The R-2HD Zone specified herewith shall be occupied only as indicated in this section 21-24A.
a.
Single Family Homes.
1.
Principal buildings.
(a)
Minimum gross tract Area: 14 acres.
(b)
Minimum lot size: 9,750 square feet (for lots along Bowne Road,
the minimum lot size shall be 9,000 square feet and the minimum lot
depth shall be 120 feet).
(c)
Minimum lot width: 75 feet.
(d)
Minimum lot depth: 130 feet (for lots along Bowne Road, the
minimum lot size shall be 9,000 square feet and the minimum lot depth
shall be 120 feet).
(e)
Minimum front yard setback: 25 feet.
(f)
Minimum rear yard setback: 40 feet.
(g)
Minimum side yard setback: 10 feet.
(h)
Maximum building height: 35 feet from the highest point of finished
grade at the front of the building or two stories, which ever is less.
(i)
Maximum building coverage: 38% of the buildable lot area.
(j)
Maximum lot coverage: 70% of the buildable lot area.
(k)
Maximum permitted density: 2.1 units/acre.
2.
Accessory structures.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. No such accessory structures, however, shall be located within the perimeter buffer required by Subsection 21-24A.3.
Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two. All other accessory structures must maintain
the required front, side and rear yard setbacks of the principal building.
Fences are specifically not covered by this restriction and are governed
elsewhere in this chapter.
[Added 1-10-2011 by Ord.
No. 2164]
a.
A perimeter buffer consisting of existing and/or proposed plantings
of at least 25 feet in width shall be provided. The perimeter buffer
may be located within required rear yard setback area and shall be
subject to a landscape buffer easement to prevent its removal. The
perimeter buffer does not apply to lots accessing Bowne Road.
b.
Subsection 21-20.16 concerning soil removal shall not apply to this overlay zone in connection with the initial construction of residential dwellings as part of any subdivision approval. However, upon issuance of certificate of occupancy for a residential dwelling on a lot created as part of a subdivision within this overlay zone, all future development on that lot must comply with Subsection 21-20.16 related to soil removal.
c.
The finished grade at the front of each house shall be no more than
36 inches below the finished floor elevation.
d.
The finished grade at the rear of each house shall be no more than
54 inches below the finished floor elevation.
e.
For the lots that have frontage on Bowne Road but the driveways access
the interior road, there shall be the creation of an open space lot,
10 feet in width along the rear property line along the Bowne Road
right-of-way. The ten-foot wide open space lot shall consist of plantings
and/or a berm, existing or proposed, at the discretion of the Planning
Board. The ten-foot wide open space lot can count towards any buffer
or setback requirement for an adjoining lot.
f.
Any open space lots as part of the development do not have to comply
with the development standards contained herein.
g.
Any open space lots or private roads have to be owned and managed
by a homeowner's association.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-3 Residential Zone is to provide for smaller
lot sizes to meet the desires of a certain segment of the population
who need and desire moderately priced housing. The provisions and
regulations set forth herein encourage the future development and
maintenance of this area as a residential area for strictly residential
purposes by prohibiting commercial development or conversions to commercial
or multifamily housing.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including: Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6.
Community recreation center.
[Added 9-18-1996 by Ord.
No. 1748]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-3 Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Single-Family (Non-Cluster).
1.
Principal buildings.
(a)
Minimum lot size: 18,750 square feet.
(b)
Minimum lot width: 125 feet.
(c)
Minimum lot depth: 125 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 45 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Minimum both side yard setbacks: 30 feet.
(g)
Minimum rear yard setback: 40 feet.
(i)
Maximum lot coverage:
building: 25% of buildable lot area.
impervious: 80% of buildable lot area
(j)
Maximum building height: 35 feet
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures, and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed in three feet in height must maintain the
required side yard setback and may extend no more than 20 feet beyond
the required rear yard setback line provided no point of the deck
floor exceeds a height of seven feet above finished grade. Any deck
which exceeds three feet in height and is located within the required
rear yard shall have its base screened by either lattice or landscaping
or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228]
b.
Single-Family (Cluster).
1.
General requirements and provisions. General requirements and provisions
for cluster residential development shall be the same as those for
the R-1 Zone as described in Subsection 21-22.2b.1 of this chapter.
[Amended 9-21-1994 by Ord. No. 1680]
2.
Principal buildings.
(a)
Minimum lot size: 14,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 125 feet.
(d)
Minimum front yard setback (Measured from the future street
R.O.W.): 35 feet (Except that any attached or detached garage with
the doors facing a public street shall be set back a minimum of 40
feet)
[Amended 6-5-1996 by Ord.
No. 1733]
(e)
Minimum side yard setback: 10 feet.
(f)
Minimum both side yard setback: 30 feet.
(g)
Minimum rear yard setback: 40 feet.
(h)
Minimum gross floor area.
(i)
Maximum lot coverage:
building: 25% of buildable lot area.
impervious: 75% of buildable lot area
[Amended 1-5-1994 by Ord.
No. 1657]
(j)
Maximum density: 2.0 units per acre of total lot area.
[Amended 1-5-1994 by Ord.
No. 1657]
(k)
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(l)
Maximum stories: two stories above grade.
[Amended 6-18-1997 by Ord. No. 1774]
3.
Accessory buildings and uses. All accessory buildings and uses in
a cluster arrangement shall conform to the development standards for
accessory buildings and uses in the non-cluster arrangement.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Added 6-18-1997 by Ord.
No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 12-1-1999 by Ord.
No. 1839, amended 1-10-2001 by Ord. No. 1875, 1-26-2005 by Ord. No. 2003]
The PAC Option shall be applied in only those areas of the R-3
Zone and adjacent O-1-20 Zone which are specified on the Official
Zoning Map of the Township of Ocean. It is the purpose of the PAC
option to provide an alternative form of "housing for older persons"
within the Township, while not adversely impacting or overburdening
the local street system, the school system, the sanitary sewerage
system and other community services and facilities.
a.
A planned adult community option shall be permitted only if:
1.
Adequate sewers are available, or are to be made available by the
applicant, to serve the proposed development; and
2.
Normal vehicular access is restricted to/from N.J. Route 66 except
that emergency access only to/from the site may be provided from Bowne
Road via Center Street or through the approved emergency access strip
which connects Block 153 Lot 70 with Dune Road in the Hampton's development
to the immediate west.
b.
In the event that the applicant elects to develop the property as
a planned adult community, the following shall apply:
1.
The gross residential density shall not exceed 2.5 dwelling units
per acre of gross lot area. Gross residential density shall be the
total number of dwelling units divided by the gross lot area of the
entire planned adult community development parcel. However, in no
case shall the total number of units in the PAC Overlay Zone exceed
345.
2.
The developer shall reserve no less than 25% of the site for recreation
and open space purposes. A minimum of five contiguous acres of usable
land, not a part of any floodplain, freshwater wetlands area or freshwater
wetlands area buffer, shall be reserved for recreation and open space
purposes. This land may be utilized for the provision of "facilities
and services specifically designed to meet the physical or social
needs of older persons" as required for a PAC. The location shall
be approved by the Planning Board. Title to all reserved or common
land shall be held in fee simple by the Homeowners' association, except
that the municipality may elect to have certain areas dedicated to
the municipality.
3.
A Homeowners' association shall be required to be established by
a Master Deed. Said deed shall require that the Homeowners' association
establish and maintain "significant facilities and services specifically
designed to meet the physical or social needs of older persons" as
required by the Federal Fair Housing Act. No more than 25% of the
units in a PAC shall be occupied prior to these facilities being fully
constructed and operational. Such facilities shall include:
(a)
A community clubhouse. Facilities within the clubhouse shall
include an all purpose room, a commercial style kitchen, rest rooms
and other such accommodations proposed by the applicant and deemed
appropriate by the Planning Board. The minimum area of such facilities,
as measured from the inside of the building walls, shall be 9,000
square feet.
(b)
A swimming pool, not less than 3,000 square feet in area, of
which a minimum of 50% shall be four feet deep or less.
(c)
Additional outdoor recreation facilities, such as a putting
green, bocce courts, tennis courts, etc., geared towards senior citizens
shall also be provided. Any outdoor recreation facility shall be utilized
only by residents of the PAC or their guests, and shall not be available
for use by the general public.
(d)
Transportation amenities, such as sheltered bus stops, or other
facilities geared specifically for senior citizens shall also be provided
if required by the Planning Board.
(e)
Parking for the above facilities in the amount of one parking
space for each 200 square feet of building area.
(f)
Parking of recreational vehicles or boats shall be prohibited
anywhere within a planned adult community. Recreational vehicles,
for the purpose of this requirement, shall mean any: truck or van
which has an overall length, bumper to bumper, of more than 20 feet;
any motor home; vehicle or structure designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons; or trailer or camping "pop-up" trailer.
In addition, the master deed shall require that the owner of
each individual unit be a member of the Homeowners' association, that
all member households have at least one person who is a minimum of
55 years of age or older, that all permanent occupants of any member
housing unit be 18 years of age or older, and that no housing unit
within the development have more than three bedrooms." The above restrictions
shall also be a requirement of every deed for each individual parcel
in the PAC.
4.
A PAC shall be of a size not less than 100 acres.
5.
Dwelling units shall be detached single-family dwelling units. The
development shall utilize the following standards:
(a)
Minimum building setback from perimeter property lines: 100
feet (Except that the maximum building setback along N.J. Route 18
may be reduced to 75 feet where a heavily planted berm is established
within the required buffer. The top of the berm shall be no less than
7.5 feet above the highest finished grade at the rear of the building,
and no less than 10 feet above the elevation of the nearest paved
portion of N.J. Route 18.)
(b)
Minimum lot area: 6,000 square feet.
(c)
Minimum lot width: 55 feet.
(d)
Minimum lot depth: 110 feet.
(e)
Minimum setbacks.
|
Front yard
|
No residential unit shall be set back less than 25 feet except
that the average front yard setback of any 4 consecutive residential
units shall be no less than 30 feet. Furthermore, attached garages
may be set back not less than 20 feet provided the average setback
of any 4 consecutive attached garages shall be no less than 25 feet
|
|
One side yard
|
5 feet
|
|
Both side yards
|
15 feet
|
|
Rear yard
|
15 feet except that the average rear yard setback of any 4 units
shall be not less than 20 feet, and the distance between the rear
of any 2 structures shall be not less than 35 feet
|
(f)
Maximum lot coverage: 40% of total lot area.
(g)
Maximum building height.
1 Story Above Grade: 25 feet
2 Stories Above Grade: 30 feet
(h)
Maximum stories: two stories above grade except that the floor
area of the second story above grade shall not exceed 50% of the floor
area of the first story above grade (excluding the garage area)
(i)
Other provisions.
(1)
In order to avoid a "cookie cutter" appearance to the PAC, lot
widths and depths and building setbacks shall be varied. In this regard,
the following criteria shall be followed:
(i)
No more than three buildings in a row which front
on the same street shall have the same architectural dimensions.
(ii)
On all streets, except cul-de-sac bulbs and streets
where the center line radius is less than 350 feet, one of the following
measures shall be taken:
[a]
No more than two lots in a row which front on the
same street shall exist without a variation in lot width of at least
10 feet. Lot depths shall remain consistent for all lots facing the
same street frontage on any block in order to avoid irregular rear
lot lines, or;
[b]
The plan shall provide for a variation in building
side yard setbacks so that no more than three houses in a row which
front on the same street shall exist without a minimum 10 feet difference
in separation of the buildings. Lot depths shall remain relatively
consistent for all lots facing the same street frontage on any block
in order to avoid irregular rear lot lines. Where this provision is
implemented, the applicant shall restrict additions to residences
by both deed restriction and a provision in the bylaws of the homeowners'
association. Such restriction shall become a condition of approval.
(2)
Architectural plans shall be submitted for all buildings or
building types at the time of preliminary and final subdivision/site
plan application. The purpose of requiring such plans is to insure
the provision of a desirable visual environment as provided in the
Municipal Land Use Law, and to insure that the development will comply
with the floor plan requirements of this section. Architectural plans
shall include floor plans and elevations indicating the styles, materials
and colors of all proposed buildings or building types, including
recreational buildings, maintenance buildings and residences. Building
styles, materials and colors shall maintain a consistent theme throughout
the PAC, but shall provide enough variety so as to avoid monotony.
The Planning Board shall have the right to require the applicant to
alter building styles, materials and/or colors in order to achieve
the goal of a desirable visual environment.
(3)
A buffer, a minimum of 50 feet wide, shall be placed along all
perimeter property lines. This buffer shall include berms of variable
height where deemed necessary by the Municipal Agency in addition
to the required plantings. A minimum 25 feet wide planted area shall
be required in all buffer areas and shall include a substantial planting
of evergreen trees, shrubs and deciduous trees, and may also include
fencing. Such plantings may supplement or replace existing vegetation
as appropriate. A substantial portion of the planted area shall consist
of two rows of evergreen trees spaced 10 feet on centers, but in order
to provide visual interest these rows shall be broken up with less
formal plantings of evergreen and deciduous trees and shrubs. These
buffer areas may be included in the calculation of 25% open space
required above.
(4)
No accessory buildings or fencing shall be permitted on an individual
homeowner's lot. Accessory buildings and fencing on common land shall
conform to the height and setback requirements of accessory buildings
in the R-4 Zone.
(5)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, driveways, patios, and decks or porches less than three
feet in height, must maintain the required front yard setback of the
principal building and a minimum five feet setback from side and rear
property lines. All other accessory structures must maintain the required
front, side, and rear yard setbacks of the principal building. Fences
are specifically not covered by this restriction and are governed
elsewhere in this chapter.
In order to provide for a varied and desirable visual environment,
driveway setback from one side lot line may be reduced to zero feet
in order to accommodate a "side loading" garage. In any such instance,
the driveway on the property immediately adjacent to the zero-foot
setback shall be set back a minimum of seven feet from the common
side property line. Where this provision is implemented, the applicant
shall restrict the location of driveways on adjacent lots by both
deed restriction and a provision in the bylaws of the homeowners'
association. Such restriction shall become a condition of approval.
(6)
There shall be within each dwelling unit, adequate area for
the temporary storage of recyclable materials, as required in this
chapter.
(7)
Common areas of any tract utilized for a PAC which are not accepted
by the Township shall be deeded to the above required homeowners'
association for use, control, management and maintenance.
(8)
Every dwelling unit shall have a minimum of a two car garage,
with a minimum 400 square feet of area. Such garage shall not be permitted
to be converted to living space. All other off-street parking is required
subject to the regulations of this chapter.
(9)
Landscaping is required as follows:
(i)
All lawn areas shall consist of sod. All lawn areas
and planting beds shall be sprinklered. In order to insure the consistent
and continued operation of sprinkler systems, the maintenance and
cost of operation (including water) of sprinkler systems shall be
born by the homeowners' association.
(ii)
All other landscaping requirements shall be subject
to the regulations of this chapter.
(10)
All internal and external improvements found necessary
in the public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land. All street right-of way widths shall not be
less than 50 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
(11)
Maintenance.
(i)
All lands and structures not deeded to and accepted
by the municipality shall be serviced and maintained by the owner
of said property, or homeowners' association in the event of common
land, including but not limited to the maintenance of building exteriors
and grounds, street maintenance, snow plowing and similar services.
(ii)
The above maintenance, and also including the
maintenance of any property owned in fee simple by a homeowner, shall
be subject to the provisions of Subsection 21-31.2b8(o)(17)(ii) through
(viii). Any notices served in regard to failure to maintain property
shall be served upon the homeowners' association, and it shall be
the responsibility of the homeowners' association to cure said deficiencies
or lack of maintenance.
[Added 2-7-2011 by Ord.
No. 2163]
The purpose of the R-3 Alternative Single-Family Overlay Residential
Option is to provide for an alternative single family residential
infill development on minimum five acre tracts with a gross density
of not more than 3.4 units/acre and lots of no less than 7,000 square
feet.
a.
Permitted Uses. A building may be erected, altered, or used, and
a lot or premises may be occupied and used for any one of the following
purposes:
2.
Accessory buildings and structures.
(a)
Accessory structures including, but not limited to decks, sheds,
pools, play courts, basketball nets, and play equipment, are prohibited
unless specifically permitted below.
(b)
One project identification sign, limited to a height of five
feet and a sign area of 32 square feet, is permitted. The sign shall
be located on commonly owned property a minimum of 15 feet from any
street right-of-way or any street pavement, whichever is greater.
(c)
Fences and hedges shall be subject to the special conditions
of this chapter.
(1)
Permitted fencing is limited to open fencing around the perimeter of any subdivision, on residential property lines that are coincident with common lands under homeowner association ownership, or along common rear property lines of abutting residences. Such fencing shall not exceed six feet in height, except that any fencing within 30 feet of a street right-of-way or pavement shall not exceed four feet in height. For the purpose of this requirement, open fencing is defined as estate style ornamental fencing that has no more than 1/4 of the area of its face in any eight-foot section, as measured from the highest point of the fence to the ground, consisting of fencing materials. Plantings shall be provided along the fence to soften the appearance of the fence where the rear property line of a residential lot that is created by any subdivision within the overlay zone abuts a property line of any existing adjacent residential lot. Such plantings shall be a mix of evergreen and deciduous materials and shall not form a screen. For the purpose of Subsection 21-25.5, a privacy screen is a grouping of plants exceeding three feet in height that form a visual barrier for a distance of eight feet or longer. All such fencing and landscaping on residential lots shall be located within an easement granted to the homeowners' association for the purpose of control and maintenance of the fencing and landscaping. Individual lots or yards may not be fenced-in with an enclosure.
(2)
Privacy screens and fences may be planted around patios and
may not exceed five feet in height. Privacy screens and fences around
patios shall not exceed 30 linear feet in total length for each individual
dwelling unit.
(d)
One patio per dwelling, not exceeding 325 square feet in area
shall be permitted. Front porches shall be permitted provided they
are covered by a roof and meet the front and side setback requirements
of the principal dwelling.
b.
Development Standards. The Alternative Single-Family Overlay Residential
Option Zone specified herewith shall be occupied only as indicated
in this chapter and shall only be located on a contiguous tract of
five acres or greater.
1.
Principal buildings.
(a)
Maximum gross density: 3.4 units per acre
(b)
Minimum lot area: 7,000 square feet
(c)
Minimum lot width: 60 feet
(d)
Minimum lot depth: 100 feet
(e)
Minimum front yard setback (measured from the homeward edge
of the sidewalk or curb in the event there is no sidewalk): 20 feet
to the residential portion of the building.
- 22 feet to any garage
(f)
Minimum side yard setback: 7.5 feet
(g)
Minimum rear yard setback: 15 feet to the first story above
grade
- 25 feet for all other stories above grade
(i)
Maximum lot coverage.
building: 45% of buildable lot area
impervious: 67% of buildable lot area
(j)
Maximum building height: 30 feet
(k)
Maximum stories: two stories above grade
2.
Other provisions and requirements.
(a)
Off-street parking is required subject to the following:
|
2 Bedroom
|
1.5 spaces
|
|
3 Bedroom
|
2.0 spaces
|
|
4 Bedroom
|
2.5 spaces
|
|
5 Bedroom
|
3.0 spaces
|
|
Note: A 2 car garage with a minimum 20-foot long driveway shall
count as 3.5 parking spaces
|
(b)
To allow adequate room for on-street parking, street pavement
width shall be 30 feet, and driveways shall be located so as to allow
for the maximum amount of on-street parking.
(c)
A landscaped buffer shall be placed along all public street
frontages except for residential lots that have driveway access to
a public street. This buffer shall be a minimum of 25 feet wide on
common land, 15 feet wide on residential lots, and include a berm
of varying heights, but a minimum of two feet high. The buffer area
shall include a substantial planting of evergreen trees, shrubs and
deciduous trees, and may also include fencing as permitted in this
section. A substantial portion of the buffer shall consist of two
rows of evergreen trees spaced 10 feet on centers, but in order to
provide visual interest these rows shall be broken up with less formal
plantings of evergreen and deciduous trees and shrubs.
(d)
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building, and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
(e)
No portion of any garage shall be converted to living space.
(f)
Street trees shall be located a minimum of 30 feet on centers,
and no fewer than two street trees shall be provided per lot.
(g)
The applicant shall be required to provide affordable or workforce
housing, or a donation to a fund established to construct affordable
or workforce housing if such housing is required by State regulation
or law. The decision as to whether the applicant shall provide a donation
or construct such housing shall be at the sole discretion of the Township,
unless otherwise dictated by State regulation or law. Such housing
construction or donation shall be in accordance with the requirements
or regulations of the New Jersey Council on Affordable Housing or
its successor agency or, in absence of such agency, in accordance
with the applicable State regulations governing the provision of affordable
or workforce housing that are in effect at the time of final subdivision
approval. The housing or donation shall be provided at the time of
the issuance of the first building permit or prior to the sale of
the first lot if the subdivision is not to be built by one developer.
(h)
A homeowners' association shall be required to be established
by a Master Deed. The homeowners' association shall be, at a minimum,
responsible for control and maintenance of all drainage structures,
fencing, and common open space within the development.
(i)
No street or driveway access shall be permitted to Monmouth
Road.
(j)
Architectural plans shall be submitted for all buildings or
building types at the time of preliminary and final subdivision/site
plan application. The purpose of requiring such plans is to insure
the provision of a desirable visual environment as provided in the
Municipal Land Use Law. Architectural plans shall include floor plans
and elevations indicating the number of bedrooms, styles, materials
and colors of all proposed buildings. Building styles, materials and
colors shall maintain a consistent theme throughout the development,
but shall provide enough variety so as to avoid monotony. The Planning
Board shall have the right to require the applicant to alter building
styles, materials and/or colors in order to achieve the goal of a
desirable visual environment.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-4 Residential Zone is to provide for smaller
lot sizes to meet the desires of a certain segment of the population
who need and desire lower cost housing and to zone the area in conformance
with existing lot sizes. The provisions and regulations set forth
herein encourage the future development and maintenance of this area
as a residential area.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 6-18-1992 by Ord. No. 1585, 12-20-1995 by Ord. No. 1720]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter:
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public schools, parochial schools and boarding schools.
[Amended 6-18-1997 by Ord. No. 1773]
5.
Senior citizen housing complex.
6.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
7.
Community recreation center.
[Added 9-18-1996 by Ord.
No. 1748]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-4 Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Single-Family.
1.
Principal buildings.
(a)
Minimum lot size: 10,000 square feet
(b)
Minimum lot width: 90 feet
(c)
Minimum lot depth: 100 feet
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 30 feet
(e)
Minimum side yard setback: 10 feet
(f)
Minimum both side yard setbacks: 25 feet
(g)
Minimum rear yard setback: 30 feet
(i)
Maximum lot coverage.
building: 27% of buildable lot area
impervious: 90% buildable lot area
(j)
Maximum building height: 35 feet
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228]
[Amended 8-6-1997 by Ord.
No. 1776]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
c.
No more than 24 inches unfinished foundation shall be exposed above
ground in the front of any building, and no more than 42 inches of
unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-4HO Residential/Home Professional Office
Zone is to provide for smaller lot sizes to meet the desires of a
certain segment of the population who need and desire lower cost housing
and to zone the area in conformance with existing lot sizes, and to
provide for alternative home professional office uses on those lot
which are suitable for such uses within the zone. The provisions and
regulations set forth herein encourage the future development and
maintenance of this area as a predominantly residential area, and
are intended to discourage the use of any particular properties within
the zone for solely office or commercial usage.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Senior citizen housing complex.
6.
Home professional offices.
7.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-4HO Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Single-Family.
1.
Principal buildings.
(a)
Minimum lot size: 10,000 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 30 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Minimum both side yard setbacks: 25 feet.
(g)
Minimum rear yard setback: 30 feet.
(i)
Maximum lot coverage.
building: 27% of buildable lot area
impervious: 90% of buildable lot area
(j)
Maximum building height: 35 feet
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meet or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228]
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building, and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Added 6-18-1997 by Ord.
No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-5 Residential Zone is to provide for smaller
lot sizes in conformance with existing conditions in specific areas
of the Township as identified in the Master Plan. The provisions and
regulations set forth herein encourage the future development and
maintenance of this area as a residential area for strictly residential
purposes by prohibiting commercial development or conversions to commercial
or multifamily housing.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of Worship.
[Amend 6-16-2008 by Ord.
No. 2103]
4.
Public and parochial schools.
5.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-5 Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Single-Family.
1.
Principal buildings.
(a)
Minimum lot size: 7,500 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 30 feet.
(e)
Minimum side yard setback: 15% of lot width.
(f)
Minimum both side yard setbacks: 30% of lot width.
(g)
Minimum rear yard setback: 30 feet.
(i)
Maximum lot coverage:
building: 35% of buildable lot area
impervious: 90% of buildable lot area
[Amended 6-18-1992 by Ord. No. 1585] -
(j)
Maximum building height: 30 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881, 8-13-2014 by Ord. No. 2228]
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building, and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Amended 8-6-1997 by Ord.
No. 1776]
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-6 Residential Zone is to provide for smaller
lot sizes in conformance with existing conditions in specific areas
of the Township as identified in the Master Plan. The provisions and
regulations set forth herein encourage the future development and
maintenance of this area as a residential area with lots of no less
than 5,000 square feet and corner lots of no less than 10,000 square
feet, for strictly residential purposes by prohibiting commercial
development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Satellite antenna dishes greater than one meter in diameter.
[Added 8-21-1996 by Ord.
No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-6 Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Single-Family.
1.
Principal buildings.
(a)
Minimum lot size:
5,000 square feet (interior lots)
10,000 square feet (corner lots)
(b)
Minimum lot width:
50 feet (interior lots)
100 feet (corner lots)
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.): 30 feet.
(e)
Minimum side yard setback: five feet.
(f)
Minimum both side yard setbacks: 20% of lot width.
(g)
Minimum rear yard setback: 30 feet.
(i)
Maximum lot coverage.
building: 35% of buildable lot area
impervious: 90% of buildable lot area
(j)
Maximum building height: 30 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(k)
Maximum stories: two stories above grade.
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
Except as provided below, all accessory buildings shall conform
to the minimum height and setback requirements of the principal building.
More than one accessory building shall be permitted on a lot, however
only one accessory building may be permitted for which the side and
rear yard setback requirements shall be five feet, provided that it
does not exceed 10 feet in height or 150 square feet in area, and
is not attached to or within 10 feet of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven feet above finished grade. Any deck which exceeds
three feet in height and is located within the required rear yard
shall have its base screened by either lattice or landscaping or a
combination of the two.
Fiberglass push up masts to support amateur radio wire antennas
are permitted to a maximum height of 38 feet and a minimum height
of 10 feet for the wire antenna. The masts must maintain the required
front yard setback of the principal building and a minimum 10 feet
setback from side and rear property lines. In addition, the wire antenna
is limited to a maximum of 12 gauge. Further, the fiberglass mast
is limited to a maximum weight of 20 pounds and low visibility non-glossy
colors such as gray, black and green. Antenna masts should be located
where existing trees can provide visual masking, except where those
locations would degrade antenna performance. All transmission lines
from the antennas shall be protected by grounded lighting surge protectors
that meets or exceeds UL Spec 497, Protector for Communications Circuitry.
Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front,
side and rear yard setbacks of the principal building. Fences are
specifically not covered by this restriction and are governed elsewhere
in this chapter.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881, 8-13-2014 by Ord. No. 2228]
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building, and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Amended 8-6-1997 by Ord.
No. 1776]
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-7 Residential Zone is to provide for an
alternative to home ownership for those families and individuals who
do not desire or cannot afford home ownership. The provisions and
regulations set forth herein encourage the maintenance of existing
garden apartment residential areas at current densities.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage.
2.
Buildings for tools and equipment for the maintenance of the grounds.
3.
Swimming pools, tennis courts, clubhouses and similar recreational
facilities for the occupants of the multifamily development.
4.
Signs subject to the requirements of this chapter.
5.
Fences and hedges subject to the requirements of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following uses are permitted subject to approval of the Planning
Board and the special conditions of this chapter:
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-7 Residential Zone specified herewith shall be occupied
only as indicated in this chapter.
a.
Principal buildings.
1.
Minimum lot area: 25 acres.
2.
Minimum lot width: 500 feet.
3.
Minimum lot depth: 500 feet.
4.
Minimum front yard setback: 70 feet.
5.
Minimum side yard setback: 50 feet (100 feet when adjacent to a single
family residential use or zone).
6.
Minimum rear yard setback: 50 feet.
7.
Maximum lot coverage
Building: 27% of buildable lot area.
Impervious: 60% of buildable lot area.
8.
Maximum density: 10 units per acre.
9.
Maximum building height: two stories above grade or 30 feet, whichever
is less.
10.
Minimum setback from pavement of internal public or private road
or parking area: 25 feet.
11.
Maximum number of units per structure: 16.
12.
Maximum length of structure: 175 feet.
13.
A minimum interior storage area of 700 cubic feet per unit shall
be required. This space may be provided in an area other than within
the unit itself, but should be in a convenient location for the residents
of the unit. Required storage space shall have a minimum vertical
clearance of five feet and shall not include garage or closets.
14.
Minimum distance between buildings: 50 feet between any two rear
or front facades or any rear or front facade with a side facade; 35
feet between any two side facades. No portion of a front facade shall
face any portion of a rear facade.
15.
There shall be a trash and recyclable storage area completely surrounded
by a six-foot high solid architectural fence with front solid gates.
All outside trash and recyclables shall be stored in this area and
shall not be in public view over the fence height. All accessory apparatuses
such as propane tanks shall be similarly enclosed.
16.
There shall be a minimum buffer of 50 feet in width between any side
or rear lot line that abuts an area zoned or used for single-family,
industrial, commercial, or Federal or State highway use.
17.
No individually registered commercial vehicle longer than 22 feet
in length or 10 feet in height measured from the highest point of
said vehicle excluding exhaust stacks and antennae or having a registered
weight of 18,000 pounds or more, shall be stored or parked on any
lot or portion of a lot nor parked on any street overnight situated
in this residential zone.
18.
Accessory buildings shall conform to the height and setback requirements
of the principal building.
19.
Each principal building shall:
(a)
Not allow or contain outside television antenna. All television
antenna equipment shall be built into the building to eliminate individual
television antennas from being erected on the roof.
(b)
Not fail to provide, in an enclosed area, laundry facilities
of not less than one washer and one dryer for each 10 dwelling units
for the exclusive use of the occupants of the building, unless provided
within each unit. No outside clothes lines or clothes hanging facilities
or devices shall be provided or allowed.
20.
All internal and external improvements found necessary in the public
interest, including but not limited to streets, driveways, parking
areas, sidewalks, curbs, gutters, lighting, shade trees, water mains,
water system, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures and the like, shall be installed
in accordance with the standards set forth for major subdivisions
of land, except that all curb to curb pavement widths shall not be
less than 30 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
21.
There shall be no direct access of driveways from any dwelling unit
onto a public street.
22.
Buffers of no less than 50 feet shall be placed along all roads where
a dwelling unit's rear or side facade faces a public road. The use
of landscaped berms or decorative masonry walls can be utilized in
addition to an all landscaped buffer. The use of a decorative wall
and material to be used for the wall shall be at the discretion of
the Planning Board.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the R-3/PRD Zone is to permit single family development,
townhouse development or a harmonious development of mixed residential
uses to serve the demand for housing of varied types and designs,
to allow flexibility and economy in layout and design and promote
conservation or and more efficient use of open space.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for the following purposes:
a.
Detached one-family dwellings in conformance with and subject to
the requirements applicable to the R-3 Zone.
b.
A townhouse residential development in conformity with and subject to the requirements set forth in Subsection 21-31.2.
c.
Accessory buildings, structures and uses for one-family dwellings
only, the same as permitted in the R-2 Zone.
[Amended 9-18-1996 by Ord. No. 1748]
d.
Accessory buildings, structures and uses to service townhouse units
including recreational facilities, club houses and the like.
[Amended 9-18-1996 by Ord. No. 1748]
f.
Family day care homes.
[Added 8-21-1996 by Ord.
No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564]
The R-3/PRD Zone specified herewith shall be occupied only as
indicated in this chapter and as follows:
a.
The R-3 standards shall apply for single-family detached houses in
the R-3/PRD Zone.
b.
In the event that the applicant elect to develop the property as
a townhouse residential development, the following standards shall
apply:
1.
The gross residential density shall not exceed 3.2 dwelling units
per acre of gross lot area. Gross residential density shall be the
total number of dwelling units divided by the gross lot area of the
entire planned residential development parcel.
2.
The developer shall reserve no less than 25% of the site for open
space purposes. No more than one-third shall be part of any floodplain,
freshwater wetlands area or freshwater wetlands area buffer; and a
minimum of five contiguous acres of usable land, not a part of any
floodplain, freshwater wetlands area or freshwater wetlands area buffer,
shall be reserved for open space purposes. The location shall be approved
by the Planning Board. The open space may be a part of the land reserved
for common use under a cluster development. If the developer utilized
the cluster development and the PRD option in combination, the minimum
reservation for open space purposes shall be increased to 35% of the
site. Title to all reserved or common land shall be held in fee simple
by the homeowners' association, except that the municipality may elect
to have certain areas dedicated to the municipality.
3.
A planned residential development shall be of a size not less than
35 acres.
4.
The minimum width of the entire parcel containing a planned residential
development shall not be less then 750 feet.
5.
The minimum depth of the entire parcel containing a planned residential
development shall not be less than 1,000 feet.
6.
Multiple road accesses from any planned residential development onto
any single street classified as a "major road" in the Township Master
Plant shall be separated by at least 1,000 feet of frontage.
7.
The total number of bedrooms in a planned residential development
shall not exceed six bedrooms per acre of gross lot area.
8.
Townhouse dwelling units shall utilize the following standards:
(a)
Minimum setback from all public roads except NJ Route #18: 100
feet. Minimum setback from NJ Route #18: 150 feet.
(b)
Minimum setback from pavement of internal public or private
road or parking area: 25 feet.
(c)
Minimum setback from perimeter property lines of entire planned
residential development site, except NJ Route #18: 100 feet. Minimum
setback from NJ Route #18: 150 feet.
(d)
Maximum lot coverage: 27% of the buildable lot area of the entire
planned residential development site.
(f)
Minimum width per unit: 20 feet.
(g)
Maximum building height: two stories above grade or 35 feet,
whichever is less.
(h)
Maximum number of units per structure: 6.
(i)
Minimum number of units per structure: 3.
(j)
Maximum length of structure: 150 feet.
(k)
Minimum interior storage area per unit: 700 cubic feet. Required
storage space shall have a minimum vertical clearance of five feet
and shall be located in a basement, attic or attached storage room
and shall face any portion of a rear facade.
(l)
Minimum distance between buildings: 100 feet between any two
rear or front facades or any rear or front facade with a side facade.
35 feet between any two side facades. No portion of a front facade
shall face any portion of a rear facade.
(m)
Minimum number of outside accesses per unit: 2.
(n)
The maximum number of townhouses on any portion of the tract
measuring 200 feet by 200 feet shall not exceed eight dwelling units.
(o)
Other provisions.
(1)
A structure shall not have more than two connected townhouse
units on one facade without providing a variation in setback of at
least 10 feet.
(2)
A structure shall not have more than two connected townhouse
units on one facade without providing a reasonable variation in the
facade architecture.
(3)
Television antenna equipment shall be built into the buildings.
No antennas shall be erected on the roof.
(4)
There shall be a minimum buffer of 50 feet in width along any
lot line that abuts any Federal or State highway use. The buffer strip
shall conform to the standards and definition in this chapter.
(5)
Buffers of no less than 50 feet shall be placed along all roads
where a dwelling unit's rear or side facade faces a public road. The
use of landscaped berms or decorative masonry walls can be utilized
in addition to an all landscaped buffer. The use of a decorative wall
and material to be used for the wall shall be at the discretion of
the Planning Board.
(6)
No individually registered commercial vehicle longer than 22
feet in length or 10 feet in height measured from the highest point
of said vehicle excluding exhaust stacks and antennae or having a
registered weight of 18,000 pounds or more, shall be stored or parked
on any lot or portion of a lot nor parked on any street overnight
situated in this residential zone.
(7)
Accessory buildings shall conform to the height and setback
requirements of the principal building.
(8)
Fences, patios, or similar outside facilities to the rear of
each unit may only be constructed by the original developer or by
the Homeowners' association and only after a set of architectural
standards is approved by the Municipal Agency and administered by
the original developer or the homeowners' association.
(9)
There shall be at within each townhouse unit, adequate area
for the temporary storage of recyclable materials, as required in
this chapter.
(10)
There shall be a trash and recyclable storage
area completely surrounded by a six-foot high solid architectural
fence with front solid gates. All outside trash and recyclables shall
be stored in this area and shall not be in public view over the fence
height. All accessory apparatuses such as propane tanks shall be similarly
enclosed.
(11)
Common areas of any tract utilized for a townhouse
development which are not accepted by the Township shall be deeded
to a homeowners' association consisting of the property owners within
the development, for their use, control, management and maintenance.
(12)
Only the land directly under each unit, and land
adjacent thereto with an area not greater than 50% of said land under
each unit shall be sold in fee simple to the purchaser of the unit.
All other lands shall be the ownership and responsibility of the homeowners'
association. All land other than that directly under each unit shall
be under the maintenance responsibility of the homeowners' association.
(13)
Off-street parking is required subject to the
regulations of this chapter.
(14)
Landscaping is required subject to the regulations
of this chapter.
(15)
All internal and external improvements found necessary
in the public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land. All curb to curb pavement widths shall not be
less than 30 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
(16)
There shall be no direct access of driveways from
any dwelling unit onto a public street.
(17)
Maintenance.
(i)
All lands and structures not deeded and accepted
by the municipality shall be serviced and maintained by the owner,
or homeowners' association, including but not limited to, streets,
playgrounds, snow plowing, garbage and trash pick-up and other services
except police and fire protection.
(ii)
In the event that the organization established
to own and maintain the common area(s) shall, at any time after establishment
of the planned unit development; fail to maintain the common area(s)
in reasonable order and condition in accordance with the plan, the
appropriate municipal official may serve written notice upon such
organization or upon the residents and owners of the planned unit
development setting forth the manner in which the organization has
failed to maintain the common area(s) in reasonable condition. The
notice shall include a demand that such deficiencies or maintenance
be cured within 30 days thereof and shall state the date and place
of a hearing thereon which shall be held within 10 days of the notice.
(iii)
At such hearing the appropriate municipal official
may modify the terms of the original notice as to the deficiencies
set forth in the original notice; or, if the modifications thereof
shall not be cured within 30 days or any extension thereof, the appropriate
municipal official, in order to preserve the taxable values of the
properties within the planned unit development and to prevent the
common area(s) from becoming a nuisance, may enter upon said common
area(s) and maintain the same for a period of one year. Said entry
and maintenance shall not vest in the public any rights to use the
common area(s) except where the same is voluntarily dedicated to the
public by the residents and owners.
(iv)
Before the expiration of said year, the appropriate
municipal official shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the common area(s), call a public hearing upon notice of such organization,
or to the residents and owners of the planned unit development, to
be held by the appropriate municipal official at which hearing such
organization or the residents and owners of the planned unit development
shall show cause why such maintenance by the Township shall not, at
the election of the Township, continue for a succeeding year.
(v)
If the appropriate municipal official determines
that the organization is ready and able to maintain the common area(s)
in reasonable condition, the Township shall cease to maintain said
common area(s) at the end of the year. If the appropriate municipal
official determines that the organization is not ready and able to
maintain the common area(s) in a reasonable condition, the Township
may, at its discretion, continue to maintain the common area(s) during
the next succeeding year and subject to a similar hearing and determination
in each year thereafter.
(vi)
The decision of the appropriate municipal official
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 against the properties within the planned unit development
that have a right of enjoyment of the common area(s) and shall become
a tax lien on said properties.
(vii)
The Township, at the time of entering upon said
common area(s) for the purpose of maintenance, shall file a notice
of such lien in the office of the County Clerk upon the properties
affected by such lien within the planned unit development.
(viii)
Notwithstanding the foregoing and as an additional remedy, the Township may cause to be issued a summons and complaint against the homeowners' association and/or owner returnable in the Municipal Court of the Township of Ocean for a violation of any ordinances of the Township of Ocean including but not limited to Zoning, Land Use and Property Maintenance Ordinances. The penalty provisions of § 3-17 of the Revised General Ordinances of the Township of Ocean, 1965, shall be applicable thereto. Each day that a violation of any ordinance shall continue shall be deemed a separate violation.
[Adopted 1-8-1992 by Ord.
No. 1564]
All areas put into common ownership for common recreational
use by all residents of the development shall be owned by a nonprofit
homeowners' association in accordance with the following requirements:
a.
Deed Restriction. The applicant shall deliver to the Township of
Ocean for its approval, appropriate documents establishing deed restrictions
prohibiting, in perpetuity, any land designated for common open space
from being used for any other purpose and all other covenants and
deed restrictions which will be contained in the master deed and unit
deed.
b.
Organization for Common Ownership Required. The applicant shall establish
a legally constituted homeowners' association for the ownership and
maintenance of: (1) all common space; and (2) any streets not accepted
for dedication by the Township of Ocean. This organization shall not
be dissolved nor shall it dispose of any common open space, by sale
or otherwise, except to another organization conceived and established
to own and maintain the common open space and non-dedicated streets
of the development.
c.
Rules of Organization. Any homeowners' association established in accordance with Subsection b above, shall:
1.
Be established before a certificate of occupancy has been issued
for any dwelling unit in the townhouse development.
2.
Make membership automatic and mandatory for each owner of a townhouse
dwelling unit and any succeeding owner thereto, being accomplished
by the purchase of a townhouse dwelling unit in the development.
3.
Guarantee access to all the common open space to all persons legally
residing in the townhouse development and limit that access to the
legal residents and their guests only. Every member of the association
shall have a right and easement of enjoyment in and to the common
open space.
4.
Be responsible for liability insurance, taxes and the maintenance
of the common open space and undedicated streets. The certificate
of incorporation shall contain provisions so that adequate funds will
be available for maintenance.
5.
Require owners of townhouse dwelling units to pay their pro rata
share of the costs listed above and provide that an assessment levied
by the organization shall have the same force and effect as a debt,
or ground rent or lien against the real property.
6.
Be able to adjust the assessment to meet changing needs.
7.
Common open space maintenance. The documents establishing or creating
such organization shall provide a plan for the maintenance of all
common open space and undedicated streets in the townhouse development.
8.
The developer shall convey title to the common open space area(s)
to the aforesaid homeowners' association at such time as the aforesaid
association is able to maintain the area(s) or at such time as may
be designated by the Planning Board of the Township of Ocean, which
date shall be consistent with the policy expressed herein.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the AR-3/PRD Zone is to permit harmonious development
of mixed residential uses to serve the demand for affordable housing
of varied types and designs, to allow flexibility and economy in layout
and design and promote conservation and more efficient use of open
space.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-11-2009 by Ord. No. 2123, 10-15-2015 by Ord. No. 2249]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for the following purposes:
b.
Accessory buildings, structures and uses.
1.
Accessory buildings, structures and uses for one-family dwellings
the same as permitted in the R-3 Zone.
[Amended 9-18-2016 by Ord. No. 1748]
2.
Accessory buildings, structures, and uses to service senior citizen
housing and townhouse units including recreational facilities, club
houses and the like.
[Amended 9-18-2016 by Ord. No. 1748]
3.
Accessory buildings, structures and uses incidental to affordable
apartment flat developments, either within, attached to or freestanding
from residential buildings.
[Added 10-15-2015 by Ord.
No. 2249]
c.
Conditional Uses.
1.
The same conditional uses that are permitted in the R-3 Zone subject
to approval of the Planning Board and the special conditions of this
chapter.
2.
Indoor recreational facilities.
[Amended 10-8-1997 by Ord. No. 1781]
3.
Senior independent living facilities.
[Added 11-3-1999 by Ord.
No. 1837, amended 8-9-2000 by Ord. No. 1862]
[Adopted 1-8-1992 by Ord.
No. 1564]
The AR-3/PRD Zone specified herewith shall be occupied only
as indicated in this chapter and as follows:
a.
The R-3 standards for cluster single-family residences as listed in Subsection 21-25.2b of this chapter shall apply for all single-family detached houses in the AR-3/PRD Zone.
b.
In the event that the applicant elects to develop the property as an affordable residential development, the following standards shall apply, except for affordable apartment flats (see Subsection 21-32.2c.).
[Amended 10-15-2015 by Ord. No. 2249]
1.
The density of residential units in an affordable residential development
shall not exceed 3.2 dwelling units per gross acre, of which market
rate units shall have a density of no greater than 2.6 units per gross
acre. The gross density may be increased to 3.4 units per acre where
all affordable units are located in a senior citizen housing complex,
and the additional .2 units per acre consist solely of affordable
senior citizen housing units. Gross residential density shall be the
total number of dwelling units divided by the acreage of the entire
affordable residential development including dedicated areas, common
areas and open space.
2.
The developer shall reserve no less than 25% of the site for open
space purposes. No more 1/3 than reserved open space shall be part
of any floodplain, freshwater wetlands area or freshwater wetlands
area buffer; and a minimum of five contiguous acres of usable land,
not a part of any floodplain, freshwater wetlands area or freshwater
wetlands area buffer, shall be reserved for open space purposes. The
location shall be approved by the Planning Board. The open space may
be a part of the land reserved for common use under a cluster development.
If the developer utilized the cluster development and the PRD option
in combination, the minimum reservation for open space purpose shall
be increased to 35% of the site. Title to all reserved or common land
shall be held in fee simple by the homeowners' association, except
that the municipality may elect to have certain areas dedicated to
the municipality.
3.
An affordable residential development shall be of a size not less
than 25 acres.
4.
The minimum width of the entire parcel containing an affordable residential
development shall not be less than 400 feet.
5.
The minimum depth of the entire parcel containing an affordable residential
development shall not be less than 1,000 feet.
6.
Multiple road accesses from any affordable residential development
onto any single street classified as a "major road" in the Township
Master Plan shall be separated by at least 1,000 feet of frontage.
7.
Road access shall be prohibited from any affordable residential development
into any of the following single family residential streets in order
to protect the single family residential character of the area: Lynn
Drive, Frederick Drive, Joel Road, and Hanley Road.
8.
Bedrooms.
(a)
The total number of bedrooms in an affordable residential development,
excluding bedrooms in senior citizens housing complexes, shall not
exceed 6.2 bedrooms per gross acre. Any acreage designated for senior
citizen housing shall be included in the calculation of permitted
number of bedrooms.
(b)
Townhouse units shall consist of two bedroom units with no family
room or loft, two bedroom units with an open loft, and three bedroom
units with no loft. No units shall be permitted to have a den or family
room which could be converted to an additional bedroom. A maximum
of 25% of the townhouse units shall be three bedroom units, except
that an additional three bedroom unit with no family room or loft,
provided that the total number of three bedroom units does not exceed
39% of the total number of townhouse units.
9.
Single-family detached development shall utilize the lot area, lot
width, lot depth, building setback and height, and lot coverage development
standards for both principal and accessory buildings as required of
cluster single family units in an R-3 Zone.
10.
Townhouse dwelling units including affordable townhouse dwelling
units, shall utilize the following standards:
(a)
Minimum setback from all public roads except NJ Route #18: 100
feet.
Minimum setback from NJ Route #18: 150 feet.
(b)
Minimum setback from pavement of internal public or private
road or parking area: 25 feet.
(c)
Minimum setback from perimeter property lines of entire planned
residential development site: 100 feet.
(d)
Maximum lot coverage: 27% of the buildable lot area of the entire
planned residential development site.
(f)
Minimum width per unit: 20 feet.
(g)
Maximum building height: two stories above grade or 35 feet,
whichever is less.
(h)
Maximum number of units per structure: six.
(i)
Minimum number of units per structure: three.
(j)
Maximum length of structure: 150 feet.
(k)
Minimum interior storage area per unit: 700 cubic feet. Required
storage space shall have a minimum vertical clearance of five feet
and shall be located in a basement, attic or attached storage room
and shall not include garage or closets.
(l)
Minimum distance between buildings: 85 feet between any two
rear or front facades or any rear or front facade with a side facade;
35 feet between any two side facades. No portion of a front facade
shall face any portion of a rear facade.
(m)
Minimum number of outside accesses per unit: two.
(n)
The maximum number of townhouses on any portion of the tract
measuring 200 feet by 200 feet shall not exceed eight dwelling units.
(o)
Other provisions.
(1)
A structure shall not have more than two connected townhouse
units on one facade without providing a variation in setback of at
least 10 feet.
(2)
A structure shall not have more than two connected townhouse
units on one facade without providing a reasonable variation in the
facade architecture.
(3)
Television antenna equipment shall be built into the buildings.
No antennas shall be erected on the roof.
(4)
There shall be a minimum buffer of 50 feet in width along any
lot line that abuts any Federal or State highway use. The buffer strip
shall conform to the standards and definition in this chapter.
(5)
Buffers of no less than 50 feet shall be placed along all roads
where a dwelling unit's rear or side facade faces a public road. The
use of landscaped berms or decorative masonry walls can be utilized
in addition to an all landscaped buffer. The use of a decorative wall
and material to be used for the wall shall be at the discretion of
the Planning Board.
(6)
No individually registered commercial vehicle longer than 22
feet in length or 10 feet in height measured from the highest point
of said vehicle excluding exhaust stacks and antennae, or having a
registered weight of 18,000 pounds or more, shall be stored or parked
on any lot or portion of a lot nor parked on any street overnight
situated in this residential zone.
(7)
Accessory buildings shall conform to the height and setback
requirements of the principal building.
(8)
Fences, patios, or similar outside facilities to the rear of
each unit may only be constructed by the original developer or by
the homeowners' association and only after a set of architectural
standards is approved by the Municipal Agency and administered by
the original developer or the homeowners' association.
(9)
There shall be at within each townhouse unit, adequate area
for the temporary storage of recyclable materials, as required in
this chapter.
(10)
There shall be a trash and recyclable storage
area completely surrounded by a six-foot high solid architectural
fence with front solid gates. All outside trash and recyclables shall
be stored in this area and shall not be in public view over the fence
height. All accessory apparatuses such as propane tanks shall be similarly
enclosed.
(11)
Common areas of any tract utilized for a townhouse
development which are not accepted by the Township shall be deeded
to a homeowners' association consisting of the property owners within
the development, for their use, control, management and maintenance.
(12)
Only the land directly under each unit, and land
adjacent thereto with an area not greater than 50% of said land under
each unit shall be sold in fee simple to the purchaser of the unit.
All other lands shall be the ownership and responsibility of the homeowners'
association. All land other than that directly under each unit shall
be under the maintenance responsibility of the homeowners' association.
(13)
Off-street parking is required subject to the
regulations of this chapter.
(14)
Landscaping is required subject to the regulations
of this chapter.
(15)
All internal and external improvements found necessary
in the public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land. All curb to curb pavement widths shall not be
less than 30 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
(16)
There shall be no direct access of driveways from
any dwelling unit onto a public street.
(17)
Affordable townhouse units shall be integrated
throughout the townhouse development and not separated from market
rate units.
11.
Senior citizen housing complexes.
(a)
The following standards are intended for senior citizen housing
complexes which are part of larger affordable residential developments.
If an affordable residential developments consists entirely of a senior
citizen housing complex, those standards governing the entire affordable
residential development shall apply.
(1)
Minimum lot size: seven acres.
(2)
Minimum lot width: 400 feet.
(3)
Minimum lot depth: 400 feet.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum rear yard setback: 35 feet.
(6)
Minimum side yard setback: 35 feet.
(7)
Minimum distance between buildings: 85 feet between any two
rear or front facades or any rear or front facade with a side facade;
35 feet between any two side facades.
(8)
Minimum setback from perimeter of internal public or private
road: 25 feet.
(9)
Minimum setback from parking area: 10 feet.
(10)
Maximum lot coverage: 27% of the buildable lot
area of the entire senior citizens housing site.
(11)
Maximum building height: three stories above grade
or 40 feet, whichever is less.
(12)
Maximum density: 14 units per developed acre.
(13)
Maximum building length: 150 feet.
(14)
Maximum units per structure: 36.
(16)
Unit distribution: A minimum of 60% of the units
shall be one bedroom units. The remainder may consist of efficiency,
one bedroom, or two bedroom units, or any mix thereof.
(17)
Each principal building shall:
(i)
Not allow or contain outside television antenna.
All television antenna equipment shall be built into the building
to eliminate individual television antennas from being erected on
the roof.
(ii)
Provide, in an enclosed storage area, with a minimum
vertical clearance of five feet, of not less than 400 cubic feet of
storage for each unit in the building.
(iii)
Not fail to provide, in an enclosed area, laundry
facilities of not less than one washer and one dryer for each 10 dwelling
units for the exclusive use of the occupants of the building, unless
washers and dryers are provided within each unit. No outside clothes
lines or clothes hanging facilities or devices shall be provided or
allowed.
(iv)
There shall be a trash and recyclable storage
area completely surrounded by a six-foot high solid architectural
fence with front solid gates. All outside trash and recyclables shall
be stored in this area and shall not be in public view over the fence.
All accessory apparatuses shall be similarly enclosed.
(18)
Indoor and outdoor recreation facilities, of adequate
size to serve the occupants, shall be provided. An indoor recreation
area of not less than 1,100 square feet, shall be provided. Outdoor
recreation area, consisting of a minimum of 50 square feet per dwelling
unit, shall also be provided. Such recreation areas and buildings
may be combined with similar facilities provided for the remainder
of the affordable residential development.
(b)
A senior citizens housing complex, when part of an affordable
residential development, shall occupy a separate and distinct portion
of the development and shall have its boundaries specifically defined
on the site plan of the affordable housing development. This separate
and distinct area shall be no less than seven acres in size. The senior
citizens housing complex may be subdivided from the remainder of the
affordable residential development.
(c)
Up to 100% of the units of a senior citizen housing development
may be designated for occupancy by low and moderate-income families
provided that at least 1/2 of the designated units are for low-income
families. A developer may utilize senior citizen housing exclusively
to meet his requirement of 20% low and moderate-income housing for
an affordable housing development.
12.
Maintenance. All lands not deeded and accepted by the municipality
shall be subject to the provisions of Subsection 21-31.2b.8(o)(17).
13.
Provision of low and moderate-income housing. A minimum of 20% of
all dwelling units in an affordable housing development shall be affordable
to and occupied by low and moderate-income families and at least 1/2
of these shall be affordable to and occupied by low-income families
as defined by State of New Jersey Council on Affordable Housing.
However, at the discretion of the Planning Board of the Township
of Ocean, a developer may make a contribution towards the future construction
of low and moderate-income housing in lieu of the actual construction
of such housing. The contribution may be in the form of cash, site
improvements or land donation and must meet all of the following criteria:
(a)
The value of the contribution must equal a minimum $6,000 per
market rate housing unit to be constructed;
(b)
The contribution must reasonably relate to the future construction
of low and moderate-income housing;
(c)
Contribution in the form of cash or site improvements must be
paid in full or guaranteed by bond at the time of signing of a developers
agreement. Contribution in the form of land dedication must have ownership
transferred to the Township at the time of signing of the developers
agreement. In the event of a contribution of land, density for the
purpose of this section will be calculated on the basis of the land
area before the contribution.
c.
Affordable Apartment Flats.
[Added 10-15-2015 by Ord.
No. 2249]
|
In the event the applicant elects to develop the property as
affordable apartment flats, the following standards shall apply:
|
1.
Bulk requirements.
|
Minimum lot acres: 3.0 acres
|
|
Minimum lot width: 200 feet
|
|
Minimum lot depth: 200 feet
|
|
Minimum building setbacks -
|
|
Front yard: 50 feet
|
|
Side yard: 30 feet
|
|
Rear yard: 50 feet
|
|
Maximum building height: 45 feet
|
|
Maximum stories above grade: 3
|
|
Maximum impervious coverage: 50% (Based on gross tract area)
|
|
Maximum density: 14 dwelling units/gross acre
|
2.
Accessory buildings shall conform to the height and setback requirements
of the principal building.
3.
No unit shall have more than two bedrooms except that affordable
units may have three bedrooms per unit up to the number of units necessary
to comply with New Jersey Council On Affordable Housing (COAH) regulations,
UHAC regulations or to fulfill HMFA's low-income housing tax credit
(LIHTC) funding requirement. The only exception would be that one
unit may be specified for an on-site superintendant or for management
purposes.
4.
The total number of units to be affordable units shall be based on
applicable COAH regulations. More specifically, if the development
is intended to address Round 2 COAH regulations, a minimum of 15%
of the total units shall be affordable units. If the development is
intended to address Round 3 COAH regulations, a minimum of 20% of
the units shall be affordable units. In the event the applicant proposes
to provide affordable housing units by expanding an existing facility
the applicant shall calculate the affordable obligation as a percentage
of the existing market units and add that product to the total.
5.
The provision of affordable units shall be based on a plan approved
by the appropriate Municipal Agency. The affordable housing units
shall comply with all applicable COAH and UHAC regulations including
but not limited to those regulations concerning pricing; bedroom distribution;
the statutory requirement for 13% of the units be reserved for very
low-income households and the low/moderate income split such that
the affordable units shall be at least 13% very low income, at least
37% low income and no more than 50% moderate income; affirmative marketing
and ongoing monitoring.
6.
An existing approved senior independent living facility may be converted
to affordable apartment flats either by including affordable units
in the existing facility or by expanding the facility to include affordable
units. In either event, the COAH required percentage of affordable
two bedroom and three bedroom units must be provided or bonded for
prior to such conversion as described below. In the event the applicant
chooses to provide affordable housing units within the existing building,
without expansion of the building, the applicant must bond for the
minimum number of three bedroom units required by COAH until such
time as existing units are modified to provide the required number
of three bedroom units. The amount of the bond shall be determined
by the Township Engineer based on plans provided by the applicant,
and shall be equivalent to the cost of converting existing units to
the required number of three bedroom units. In the event that the
applicant chooses to expand the existing building by adding new units,
the applicant shall bond for the minimum required number of three
bedroom units until such time as the new three bedroom units are constructed
and have received a certificate of occupancy. The amount of the bond
shall be determined by the Township Engineer, and shall be equivalent
to the cost of construction of the required number of three bedroom
units based on plans provided by the applicant. The remaining required
affordable units must be made available for rent from existing units
at the COAH determined rent levels until such time as any new affordable
units are constructed and have received a Certificate of Occupancy.
Recreational amenities shall be provided on site to accommodate anticipated
families with children. Such amenities shall include play equipment
for children and may also include such amenities as a swimming pool,
courts for games, and sitting areas for adults.
[Adopted 1-8-1992 by Ord.
No. 1564]
All areas put into common ownership for the common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the provisions of Subsection 21-31.3.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Eligibility Standards.
1.
Occupants of 1/2 of all lower income units shall meet the State of
New Jersey Council on Affordable Housing eligibility requirements
for low-income families and one-half shall meet eligibility requirements
for moderate-income families.
2.
The developer shall agree not to impose age restrictions upon the
occupants of any low and moderate-income unit, except as to specified
senior citizen housing.
b.
Housing Cost - New Housing. The initial rents and sales price of
new affordable housing shall be computed as follows:
1.
Sales prices. The initial sales price of all low and moderate-income housing units should not exceed the affordability of households earning 90% of the ceiling income of low income and moderate-income households, respectively, as defined in Subsection a1. The sales price shall be calculated assuming that a family, earning 90% of the respective ceiling income, will spend 28% of its gross income on mortgage, taxes, insurance and homeowners' association fees, assuming a thirty-year fixed rate mortgage at prevailing rates. The initial sales price of a unit shall be verified by the Township Housing Administrator, or other authorized designee of the Township Council in the absence of a Housing Administrator, in writing prior to a unit being offered for sale.
2.
Rental prices. The maximum initial monthly rent of a unit shall not
exceed 25% of a qualifying family's income when utilities are not
included and 30% of a qualifying family's income when utilities are
included.
c.
Subsidies. Government subsidies may be used at the discretion of
the applicant to fulfill requirements of this subsection.
d.
Resale and Rental of Lower Income Housing.
1.
All lower income dwelling units shall be required to have covenants
running with the land to control the resale price of for sale units
or to employ other legal mechanisms which shall be approved by the
Township Attorney and will, in his opinion, ensure that such housing
will remain affordable to persons of lower income.
2.
The owner of all rental units shall provide legal documentation,
to be approved by the Township Attorney, to assure that rental units
will remain affordable to persons of lower income.
3.
In the event that no low or moderate income purchaser is found within 120 days, after the unit is listed for sale with a realtor and the housing administrator is notified in writing of such listing, the low-income unit may be sold to a moderate income purchaser or, if none is available within an additional 14 days, to any interested purchaser, and the moderate-income unit to any interested purchaser. Regardless of the income of a purchaser, the sales price of a unit shall not increase more than permitted in Subsection d6. Proof of the attempt to sell shall be submitted to and shall be satisfactory to the housing administrator prior to resale. Resale controls shall remain in effect for any subsequent resales.
4.
The Township and the applicant may develop reasonable priorities
and qualifications for occupants of lower income housing, provided
that Township residents and persons employed within the Township residents
and persons employed within the Township shall be entitled to first
priority for all affordable housing units for a period of 30 business
days from the time such units are listed for sale or resale, or made
available for rent. Selection procedures shall be directed and administered
by a Township Official appointed each year as the Housing Administrator
by the Township or, in the alternative, the Township may arrange for
third party administration of resale and tenant selection of affordable
housing.
5.
The developer shall formulate and implement a written affirmative
marketing plan acceptable to the Township Council. The affirmative
marketing plan shall be realistically designed to ensure that lower
income persons of all races and ethnic groups are informed of the
housing opportunities in the development, feel welcome to seek or
buy or rent such housing and have the opportunity to buy or rent such
housing. It shall include advertising and other similar outreach activities.
6.
Sales prices and rents may be increased in accordance with the guidelines
issued by the State of New Jersey Council on Affordable Housing. In
the absence of such guidelines, increases shall be based on the annual
Metropolitan New York Regional Consumer Price Index for Housing of
the Department of Labor. The increase will be computed by comparing
the Index at the time of purchase to the Index at the time of sale
and increasing the price of the unit by the same proportionate increase.
Reimbursements for documented monetary outlays for reasonable improvements
to the unit will also be permitted, provided that such improvements
have been approved by the Housing Administrator prior to construction.
7.
Resale and rental controls shall remain in effect for the life of
the unit or until such time as the Township determines that the need
for the unit no longer exists. Such a determination shall be made
by means of a periodic review of the Township's Master Plan Housing
Element as mandated by the New Jersey Municipal Land Use Law.
e.
Phasing of Lower Income Housing. All affordable housing units shall
be constructed according to the following schedule, except for any
senior citizens housing complex which is to be subdivided from the
remainder of the affordable housing development tract and dedicated
or sold to the Township or its designated authority. The phasing schedule
for any such senior citizens housing complex shall be determined by
the Planning Board at the time of approval of the application for
development, and shall be included in the resolution of approval as
a condition of approval.
1.
Schedule for Phasing:
(a)
Lower income housing shall be phased in accordance with the
following schedule:
|
Percentage of Total Market Housing Units
|
Minimum Percentage of Lower Income Housing Units
|
|---|---|
|
25
|
25
|
|
50
|
50
|
|
75
|
75
|
|
100
|
100
|
(b)
The developer may construct the first 25% of the market housing
units without constructing low and moderate-income housing units.
No certificates of occupancy shall be issued for any of the next 25%
of the units until 25% of the low and moderate housing units (of which
half must be low income) shall have been issued certificates of occupancy.
This pattern shall be continued as each increment of 25% of the units
are constructed until the project is complete.
2.
Any development for which a subdivision or site plan has been approved shall be considered a single development for purposes of Subsection e regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Township Attorney, setting forth the requirements for low and moderate-income housing unit.
[Added 12-29-2015 by Ord.
No. 2251]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any one of the following purposes:
b.
Accessory buildings, structures and uses shall be permitted when
used in conjunction with a principal permitted use.
1.
Private garage, car shed, and parking lots.
2.
Decks, balconies and open porches.
3.
Buildings for tools and equipment for the maintenance of the grounds.
4.
Management office.
5.
Clubhouse or social hall for residents and their guests.
6.
Outdoor recreational uses for residents and their guests.
7.
Fences and hedges subject to the requirements of this chapter.
8.
Signs subject to the requirements of this chapter.
9.
Satellite antenna less than one meter in diameter.
10.
Other customary accessory uses and structures which are clearly
incidental to the principal structures and use.
c.
Required use. If the affordable units are for-sale, 20% of the total
number of dwellings shall be affordable to low and moderate-income
households and in accordance with the Uniform Housing Affordability
Controls (UHAC) at N.J.A.C. 5:80-26.1. If the affordable units are
rentals, 15% of the total number of dwellings shall be affordable
to low and moderate-income households and in accordance with the Uniform
Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1. If rentals,
13% of the total number of affordable units shall be very low-income
units pursuant to N.J.S.A. 52:27D-329.1.
[Added 12-29-2015 by Ord.
No. 2251]
The following development standards shall apply to the MIR-1
Zone:
a.
Minimum lot area: five acres.
b.
Minimum lot frontage: 50 feet on Cindy Lane.
c.
Minimum lot width: 200 feet.
d.
Minimum lot depth: 200 feet.
e.
Minimum front yard setback: 25 feet (100 feet when adjacent to a
single family detached use).
f.
Minimum side and rear yard setback: 25 feet (100 feet when adjacent
to a single family detached use).
g.
Setbacks for accessory buildings or uses: 15 feet (50 feet when adjacent
to a single-family detached use).
h.
Maximum density: 12.35 units per gross acre (72 units).
j.
Maximum lot coverage - building: 35% of the buildable lot area.
k.
Maximum lot coverage - impervious: 60% of the buildable lot area.
l.
Parking setback requirements, except for parking in driveways leading
to garage.: 15 feet (75 feet when adjacent to a single family detached
use).
m.
Maximum number of dwellings in a building: 24 dwellings.
n.
Affordable units must meet UHAC bedroom standards. No more than 30%
of the market-rate units may be three-bedrooms.
o.
Maximum length of a building: 225 feet.
r.
Additional development standards.
1.
Recreational amenities shall be provided on site to accommodate anticipated
families with children. Such amenities shall include play equipment
for children and may also include such amenities as a swimming pool,
courts for games, and sitting areas for adults.
2.
There shall be a trash and recyclable storage area completely surrounded
by a six-foot high solid architectural fence with front solid gates.
All outside trash and recyclables shall be stored in this area and
shall not be in public view over the fence height.
3.
There shall be no direct access of driveways from any dwelling onto
a public street.
4.
All vehicular access, except emergency access if required by the
Township Fire Marshal or otherwise required by law, to the development
must be via Cindy Lane or extension of Cindy Lane.
5.
Parking shall be in accordance with RSIS.
[Added 2-27-2020 by Ord.
No. 2332]
a.
The intent of the AH-G Affordable Housing Golf Course Residential
Inclusionary Overlay Zone (AH-G Overlay Zone) is to establish a suitable
location within the Township for the development of low- and moderate-income
housing uses in the form of an inclusionary (market-rate and affordable
housing) development. This Overlay Zoning District will provide future
opportunities for the construction of low- and moderate-income housing
to implement the Township's unmet need provision in its Third-Round
Housing Element and Fair Share Plan.
b.
For the purpose of permitting inclusionary development, in the event
of a change of use from golf course to a residential use, the provisions
and requirements of the Affordable Housing Golf Course Residential
Inclusionary Overlay Zone shall supersede the provisions and requirements
of the underlying R-1, R-2 or R-3 Zones. In the event of a conflict
between the provisions of this section and other sections of the Township
development regulations with respect to the development of market-rate
and affordable townhouses and apartment flats, the provisions of this
Affordable Housing Golf Course Residential Inclusionary Overlay Zone
shall govern.
[Added 2-27-2020 by Ord.
No. 2332]
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
1.
Private residential off-street parking subject to the requirements
of this chapter.
2.
Decks and open porches subject to the requirements of this chapter.
3.
Outdoor recreational uses for residents and their guests.
4.
Fences and hedges.
5.
Satellite dish antennas attached to a principal structure, not to
exceed three feet in diameter or extend above the top of the roof
of the building.
6.
Other customary accessory uses and structures that are clearly incidental
to the principal structures and uses.
c.
Required use. Affordable housing is required to be provided, in accordance with the provisions of the Township of Ocean Revised General Ordinances, Chapter XXI, Article III, § 21-9B, as follows:
1.
Twenty percent of the total number of dwellings produced shall be affordable to low- and moderate-income households and in accordance with the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1, with the one UHAC exception to very-low-income units required in Subsection c3 below.
2.
At least 53% of the total number of affordable units produced shall
be affordable to low-income households, including very-low-income
households. The remaining 47% may be affordable to moderate-income
households.
3.
At least 13% of the total number of affordable units produced shall
be affordable to very-low-income households pursuant to N.J.S.A. 52:27D-329.1.
4.
The affordable units shall not be age restricted.
5.
Each affordable unit shall have at least one bedroom with a minimum
of 150 square feet and all other required bedrooms shall have at least
100 square feet.
[Added 2-27-2020 by Ord.
No. 2332]
The following development standards shall apply to the AH-G
Affordable Housing Golf Course Residential Inclusionary Overlay Zone:
a.
Minimum lot size: 75 acres. (For the purposes of this zone, Block
59, Lot 1, and Block 60, Lot 1, shall be considered to be one lot.)
b.
Maximum density: eight units per gross acre.
c.
The developer shall reserve no less than 25% of the site for open
space purposes. No more than 1/3 of the reserved open space shall
be part of any floodplain, freshwater wetlands area or freshwater
wetlands area buffer; and a minimum of five contiguous acres of usable
land, not a part of any floodplain, freshwater wetlands area or freshwater
wetlands area buffer, shall be reserved for open space purposes. The
location shall be approved by the Planning Board. The open space may
be a part of the land reserved for common use. Title to all reserved
or common land shall be held in fee simple by the homeowners' association,
except that the municipality may elect to have certain areas dedicated
to the municipality.
d.
The minimum width of the entire parcel containing an affordable residential
development shall not be less than 400 feet.
e.
The minimum depth of the entire parcel containing an affordable residential
development shall not be less than 1,000 feet.
f.
Multiple road accesses from any affordable residential development
onto any single street shall be separated by at least 500 feet of
frontage.
g.
Road access shall be prohibited from any affordable residential development
into any of the following single-family residential streets in order
to protect the single-family residential character of the area: Crosby
Avenue, Runyon Avenue, Parker Avenue, Dwight Drive, Fairway Lane,
and Brook Drive.
h.
Townhouse dwelling units, including affordable townhouse or multifamily
apartment flat dwelling units, shall utilize the following standards:
1.
Minimum setback from all public roads: 100 feet.
2.
Minimum setback from pavement of internal public or private road
or parking area: 20 feet.
3.
Minimum setback from perimeter property lines of entire site: 100
feet.
5.
Minimum width per unit: 20 feet.
6.
Maximum building height: two stories above grade or 35 feet, whichever
is less.
9.
Maximum length of structure: 150 feet.
10.
Minimum interior storage area per unit: 700 cubic feet. Required
storage space shall have a minimum vertical clearance of five feet
and shall be located in a basement, attic or attached storage room
and shall not include garage or closets.
11.
Minimum distance between buildings: 85 feet between any two
rear or front facades or any rear or front facade with a side facade;
35 feet between any two side facades. No portion of a front facade
shall face any portion of a rear facade.
12.
Minimum number of outside accesses per unit: two.
13.
Other provisions.
(a)
A structure shall not have more than two connected townhouse
units on one facade without providing a variation in setback of at
least five feet.
(b)
A structure shall not have more than two connected townhouse
units on one facade without providing a reasonable variation in the
facade architecture.
(c)
Television antenna equipment shall be built into the buildings.
No antennas shall be erected on the roof.
(d)
There shall be a minimum buffer of 50 feet along all side and
rear property lines.
(e)
Buffers of no less than 50 feet shall be placed along all roads
where a dwelling unit's rear or side facade faces a public road. The
use of landscaped berms or decorative masonry walls can be utilized
in addition to an all landscaped buffer. The use of a decorative wall
and material to be used for the wall shall be at the discretion of
the Planning Board.
(f)
No individually registered commercial vehicle longer than 22
feet in length or 10 feet in height measured from the highest point
of said vehicle excluding exhaust stacks and antennas, or having a
registered weight of 18,000 pounds or more, shall be stored or parked
on any lot or portion of a lot nor parked on any street overnight
situated in this residential zone.
(g)
Accessory buildings shall conform to the height and setback
requirements of the principal building.
(h)
Fences, patios, or similar outside facilities to the rear of
each unit may only be constructed by the original developer or by
the homeowners' association and only after a set of architectural
standards is approved by the municipal agency and administered by
the original developer or the homeowners' association.
(i)
There shall be, within each townhouse and multifamily apartment
flat unit, adequate area for the temporary storage of recyclable materials,
as required in this chapter.
(j)
There shall be a trash and recyclable storage area completely
surrounded by a six-foot-high solid architectural fence with front
solid gates. All outside trash and recyclables shall be stored in
this area and shall not be in public view over the fence height. All
accessory apparatuses, such as propane tanks, shall be similarly enclosed.
(k)
Common areas of any tract utilized for any development shall
be deeded to a homeowners' association consisting of the property
owners within the development, for their use, control, management
and maintenance.
(l)
Only the land directly under each unit, and land adjacent thereto
with an area not greater than 50% of said land under each unit, shall
be sold in fee simple to the purchaser of the unit. All other lands
shall be the ownership and responsibility of the homeowners' association.
All land other than that directly under each unit shall be under the
maintenance responsibility of the homeowners' association.
(m)
Off-street parking is required subject to the regulations of
this chapter.
(n)
Landscaping is required subject to the regulations of this chapter.
(o)
All internal and external improvements found necessary in the
public interest, including, but not limited to, streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land. All curb-to-curb pavement widths shall not be
less than 30 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
(p)
There shall be no direct access of driveways from any dwelling
unit onto a public street.
(q)
Affordable townhouse units and multifamily apartment flats shall
be integrated throughout the development and not separated from market
rate units.
[Added 4-23-2020 by Ord.
No. 2334A]
The purpose of this Roosevelt Avenue Inclusionary Overlay Zone
is to create an overlay zone for certain properties within the existing
Multifamily Residential Zone for Lots 11, 12 and 22 of Block 22, as
shown on the Official Tax Maps of the Township of Ocean, County of
Monmouth. This overlay zone is created pursuant to the terms of a
settlement agreement dated April 23, 2020, entered in litigation entitled
Roosevelt Properties LLC v. Township of Ocean, Docket. No. MON-L-5930-09,
and that resolves all issues in that case as well as in In re Ocean
Township, Docket. No. MON-L-2531-15. The provisions set forth herein
shall permit the development of 22 units of townhouses and a stacked
townhouse, and at a higher density than permitted in the existing
and underlying zone to accommodate the required provision of affordable
housing.
[Added 4-23-2020 by Ord.
No. 2334A]
Provisions of this Roosevelt Avenue Inclusionary Overlay Zone
Ordinance shall supersede any provision of the Township of Ocean Land
Development Ordinance as currently amended and/or supplemented, which
conflicts with, or is contrary to, the provisions set forth in this
overlay zone section.
[Added 4-23-2020 by Ord.
No. 2334A]
All uses permitted in the underlying zone continue to be permitted
in compliance with the standards of the underlying zone. In addition,
multifamily units, consisting of townhouses and apartment flats within
a townhouse structure, shall be permitted, provided that 22 such multifamily
residential units may be constructed in accordance with the development
standards listed below for this zone, of which two shall be moderate-income
affordable units provided as apartment flats located within one townhouse
structure. Two market-rate flats will be located in the first building
next to Roosevelt Avenue along with the two affordable flats. All
other multifamily units shall be market-rate townhouse units. In addition
to the on-site construction of two moderate-income units, the developer
shall make a payment into the Housing Trust Fund of Ocean Township
of $475,000 or $23,750 per market unit in lieu of constructing three
low-income units, including one very-low-income unit.
[Added 4-23-2020 by Ord.
No. 2334A]
For purposes of this section, the terms below have the following
meanings:
A dwelling unit consisting of a single story or level, which
may be at ground level or above a ground level unit and shall be located
in a building type that also includes townhouses.
Any lot line, or segment thereof, that is collinear with
the right-of-way line of a public thoroughfare.
The lot line (or lines) of a tract to be developed pursuant
to the multifamily residential overlay provisions of the ordinance
which is opposite and generally parallel to the lot line, front, of
the tract from which primary access to the development obtains.
Any lot line that is not a lot line, front, or a lot line,
rear.
[Added 4-23-2020 by Ord.
No. 2334A]
All accessory uses permitted in the underlying zone continue
to be permitted.
[Added 4-23-2020 by Ord.
No. 2334A]
The following bulk standards shall apply to the development
of any property located in the Roosevelt Avenue Inclusionary Overlay
Zone:
a.
More than one primary building may be constructed per lot.
b.
Minimum gross lot area: 10 acres.
c.
Minimum lot frontage: 125 feet.
d.
Minimum lot depth: 125 feet.
e.
Minimum front yard setback: 30 feet.
f.
Minimum side yard setback: 15 feet.
g.
Minimum rear yard setback: 100 feet.
h.
Minimum setback from pavement of internal roadway: 24 feet from front
of building, excluding roof soffits, the fascia of which shall be
permitted to have setbacks of 22 feet.
i.
Maximum principal building height: 38 feet from the garage floor
to the highest roof point.
j.
Maximum number of levels of living space: 3.
k.
Maximum building coverage: 7.5% of total lot area.
l.
Maximum impervious lot coverage: 15% of total lot area.
m.
Number of dwellings per building: 8 dwellings.
n.
Maximum dwelling unit density: 2.5 dwelling units per acre.
o.
Maximum length of building: 200 feet.
p.
Minimum distances between buildings:
1.
Front to front: 50 feet.
2.
Rear to front: 50 feet.
3.
Front to side: 50 feet.
4.
Rear to rear: 50 feet excluding building eaves which shall be permitted
to extend a maximum of 24 inches beyond the primary vertical planes
of the building walls below.
5.
Rear to side: 50 feet.
6.
Side to side: 20 feet.
q.
On-site emergency vehicle access/circulation: Every on-site street
and/or common access/circulation drive shall meet, or exceed NFPA
requirements for a fire access road.
r.
Subject to the development standards set forth in this Inclusionary
Overlay Zone Ordinance, and notwithstanding the provisions of any
other ordinance, market-priced units may be constructed anywhere in
the Inclusionary Overlay Zone permitted by the New Jersey Department
of Environmental Protection, including flood hazard areas. Subject
to the development standards set forth in this Inclusionary Overlay
Zone Ordinance, and notwithstanding the provisions of any other ordinance,
moderate-income units may be constructed anywhere in the Inclusionary
Overlay Zone permitted by the New Jersey Department of Environmental
Protection, except they may only be constructed on the portion of
the zone outside the flood hazard area delineated by the New Jersey
Department of Environmental Protection. Documents showing the location
of proposed units with regard to NJDEP-approved floodway and flood
hazard areas shall be disclosed to all prospective buyers prior to
the entry of a contract for sale.
s.
Access driveways and on-site parking. Access driveways and on-site
parking shall be provided in strict compliance with requirements of
N.J.A.C. 5:21-4.14, subject to the right of the applicant to seek
relief from the provisions of the RSIS, with the understanding that
the Planning Board, in its sole discretion, shall determine whether
or not to grant relief to the applicant, and the following:
1.
All interior access driveways shall be curbed.
2.
All interior access driveways shall have minimum traveled way pavement
widths (i.e., curb face to curb face) of 24 feet.
3.
A continuous concrete walk four feet in width shall be provided along
the entire building-side length of every interior access driveway.
A four-foot-wide concrete walk shall connect the interior of the development
with each and every public right-of-way adjoining the development
site.
4.
The minimum distance between any traveled way pavement edge and any
point upon the architectural front facade of any building shall be
24 feet excluding roof soffits, the fascia of which shall be permitted
to have setbacks of 22 feet.
5.
All market-priced residential units shall include, at a minimum,
an attached, fully enclosed, one-car garage having minimum inside
clear dimensions of 12 feet wide by 20 feet deep. Direct access shall
be provided between the interior of any garage and the interior living
space of the dwelling unit of which the garage is a part.
6.
Every mmarket-priced unit shall be provided with a paved driveway
having a minimum width of 10 feet which shall provide a continuous
paved connection between the unit's garage and the travelled way upon
which the unit fronts.
7.
On-street parallel parking shall not be permitted. All parking spaces
not located within enclosed garages or upon residential driveways
shall be provided within on-site common parking lots or within on-site
common parking areas located directly adjacent to the travelled way
of a development access driveway.
8.
On-site parking lots and parking areas shall be screened from view
of off-site persons by six-foot-tall, architecturally solid-faced
fencing and landscaping designed to minimize impacts of vehicle headlight
illumination upon off-site properties. The designs of all such fencing
and landscaping shall be subject to site-specific review and approval
of the Planning Board and its professional staff.
9.
No point upon the paved surface of any on-site parking lot or parking
area, excluding townhouse driveways, shall be located within 50 feet
of a development site front boundary line and/or no closer than eight
feet to a development site side or rear boundary line, except that
such pavement may be located as close as four feet to a development
site side or rear boundary line if a six-foot-tall brick or stone
masonry screen wall, which will aesthetically match the architectural
design of the townhomes on both sides of the wall, of a design acceptable
to the Planning Board and its professional staff, is provided in place
of the required solid-faced fencing.
t.
All outdoor spaces reserved for private use by residents of one single-dwelling
unit, including, but not limited to, patios, decks and balconies,
excluding building front entry porches having areas of 32 square feet
or less, shall be located along, or upon, exterior building facades,
other than architectural front facades, and shall not face parking
areas or access drives of the development.
u.
No portion of any horizontal structural member nor any exterior facade
element of any building shall be located at an elevation lower than
the New Jersey flood hazard area design flood elevation for the site;
provided, however, that building design and construction shall strictly
comply with all applicable building codes and/or NJDEP requirements
in effect at the time of construction.
v.
The buffer requirements of Section 21-47.1d1 shall not apply. Where a building, parking space, drive aisle or drainage structure is located within 100 feet of an adjacent lot, a solid fence shall be constructed in accordance with the requirements of § 21-48. Unless located in the required front yard, such fence shall be six feet in height.
w.
The recommended maximum townhouse driveway pavement slope is 7.50%
with driveway surface slopes no greater than 3.00% within 10 feet
of a garage door. At the sole discretion of developer's New Jersey
professional engineer, steeper driveway surface slopes shall be permitted
upon signed/sealed construction drawings submitted for review during
the site plan approval process. In no case, however, shall the elevation
differential between a point along the gutter line of any on-site
circulation drive and any point upon an adjacent townhouse driveway
surface located along the line perpendicular to said gutter line from
said gutter line point be greater than 18 inches.
x.
Within this Inclusionary Overlay Zone, ground surface elevation changes
of two feet or more shall be permitted if, and only if:
1.
All yard areas of the site located within 20 feet of a townhouse
unit and having ground surface elevations above that of the New Jersey
flood hazard area design flood elevation (NJFHADFE) for the site,
as established by the NJDEP, have slopes no greater than 25% (i.e.,
1V:4H); and
2.
All other yard areas of the site above the NJFHADFE shall have surface
grading no steeper than 40% (i.e., 1V:2.5H) and be permanently stabilized
with approved ground cover.
y.
No wall or structure constructed upon, or within, 10 feet of a tract
boundary line shall serve as an earth-retaining structure unless it
results in a lowering of the ground surface of the subject tract to
elevation levels below those of the adjacent property at all points
of its length.
z.
No point upon the pavement surface of any on-site street and/or common
access/circulation drive shall have an elevation below that of the
New Jersey Flood Hazard Area Flood Elevation for the site.
[Added 4-23-2020 by Ord.
No. 2334A]
a.
Twenty percent of the units constructed shall be affordable to low-
and moderate-income households of which at least 50% of the units
shall be low-income units.
b.
In lieu of reserving 20% of all units for low- and moderate-income
households, the developer shall have the right, pursuant to the settlement
agreement, to satisfy its 20% affordable housing obligation through
the on-site construction of two moderate income for-sale units and
an in-lieu contribution to the Township for three low-income affordable
units, including one very-low-income unit.
c.
The two on-site affordable units shall address the affordable housing
requirements of the Township of Ocean, the Council on Affordable Housing
(COAH) at N.J.A.C. 5:93 and the Uniform Housing Affordability Controls
(UHAC) per N.J.A.C. 5:80-26.1. The two affordable units shall be provided
within one stacked townhouse structure, with one unit provided as
a two-bedroom unit and one as a three-bedroom unit. Pursuant to COAH's
phasing requirements at N.J.A.C. 5:93-5.6(d), both on-site affordable
housing units must receive a certificate of occupancy (C.O.) before
the 10th of the 20 total market-rate units receives a C.O. The affordable
units shall remain affordable to a moderate-income household for a
period of at least 30 years by virtue of a deed restriction per UHAC
at N.J.A.C. 5:80-26.11(a). UHAC at N.J.A.C. 5:80-26.3(f) requires
that affordable units utilize the same type of heating source as market
units within the affordable development. The townhouse units shall
comply with the accessibility and adaptability requirements of the
International Building Code — NJ Edition 2015 (IBC-NJ 2015),
and the affordable stacked townhouse units shall comply as well with
COAH's accessibility and adaptability rules, including, but not limited
to, N.J.A.C. 5:97-3.14. COAH Regulations at N.J.A.C. 5:93-11 and UHAC
at N.J.A.C. 5:80-26.15 require an affirmative marketing program for
the affordable units. Furthermore, pursuant to N.J.A.C. 5:93-11.3(e),
the cost of affirmatively advertising the affordable units is to be
the developer's responsibility. The developer shall enter into an
agreement with an experienced affordable housing administrative agent
per UHAC at N.J.A.C. 5:80-26.14 to oversee the placement of a deed
restriction on the units, household income qualification, setting
the moderate-income sales prices at an average of no more than 55%
of the regional median income, ongoing affirmative marketing and administrative
oversight efforts, etc.
d.
In lieu of construction of three of the residential units as affordable
to very-low- and low-income households on site, the developer shall
make a payment into the Housing Trust Fund of Ocean Township of $158,333.33
for each of the three very-low- and low-income units, for a total
contribution of $475,000. The developer shall pay into the Ocean Township
Affordable Housing Trust Fund the sum of $23,750 per market-priced
unit. The developer shall pay 1/2 of this sum as a condition of receipt
of the building permit for that unit and the remainder as a condition
of receipt of the final certificate of occupancy for that unit.
[Added 4-23-2020 by Ord.
No. 2334A]
All accessory structures within this zone shall be constructed in accord with the provisions of § 21-24A.2a2.
[Added 4-23-2020 by Ord.
No. 2334A]
If property developed in accordance with the development standards for this zone is subdivided into separate residential lots, all common lands not deeded to and accepted by the municipality shall be owned in common by a nonprofit homeowners' association for the development within this overlay zone in accordance with the provisions of § 21-31.3. Maintenance of any such common area shall be in accordance with the provisions of § 21-31.2b8(o)(17). All homeowners' documents shall be submitted, reviewed and approved as part of the land use application.
[Added 4-23-2020 by Ord.
No. 2334A]
Pursuant to the executed settlement agreement referenced in
§ 32-32C.1 (Purpose) above, Roosevelt is entitled to all
of the benefits and burdens afforded to developers of inclusionary
developments by the FHA, COAH's regulations, and the UHAC regulations.
However, per the agreement, this section satisfies the Township's
obligation to remove all "cost generative features not necessary for
health or safety" as set forth in N.J.A.C. 5:93-10 et seq. If the
Township or Planning Board impose any additional requirement that
may be considered improperly cost generative and/or not expressly
or impliedly required by the agreement or this section:
[Amended 3-19-1997 by Ord. No. 1770]
[Adopted 1-8-1992 by Ord.
No. 1564]
No property in a residential zone shall be used as a driveway
or parking lot to serve a business or industrial use.
[Adopted 1-8-1992 by Ord.
No. 1564]
All curb cuts shall be at least 15 feet but not more than 30
feet in width, except on County or State roads where applicable County
or State requirements are established. Unless specifically permitted
elsewhere in this chapter, only one curb cut shall be permitted on
any street frontage, and it shall be located within the center 1/3
of the frontage of the site.
[Adopted 1-8-1992 by Ord.
No. 1564]
No use shall be established maintained or conducted in any business
zone that will conflict with performance standards as established
in this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
All utility and telephone lines and appurtenances which provide
service to the property shall be placed underground.
[Amended 3-19-1997 by Ord. No. 1770]
An enclosed area shall be provided for the temporary storage
of trash and recyclable refuse. Notwithstanding zoning requirements
to the contrary, the following shall apply:
a.
Application for a trash and recyclable materials storage area shall
be made to the Planning Administrator.
b.
The application shall be made as follows:
1.
Applicants will submit an original and two copies of the appropriate
application forms.
2.
The appropriate fee will be paid.
3.
Applicants will submit copies of an approved site plan if the property
has previously received site plan approval or, if not, a survey of
the property on which the storage area is to be located.
4.
Applicants will provide a drawing/sketch plan of the storage area,
properly dimensioned, on the survey or site plan, which reflects the
proposed storage area and distances to other structures and property
lines.
5.
The following details shall apply to the storage area. They may be
shown on the plan for the storage area or attached on a separate sheet.
(a)
Storage area floor pad shall be a six inch thick concrete slab,
reinforced using 6/6/12/12 welded wire fabric;
(b)
Enclosure walls/fencing shall be of reinforced masonry and/or
timber construction and shall be solid to provide a suitable visual
screen. If timber fencing is utilized:
(1)
Fence and gate posts shall be constructed of four inch O.D.
galvanized steel pipe (3/16 wall) set in 12 inch minimum diameter
by twenty-four-inch deep concrete foundations 30 inches below grade;
and
(2)
Enclosure panels shall be board-on-board type, six feet high,
and enclose the entire perimeter of the storage area; and
(c)
All enclosure gates shall be specified to be self-closing, self-latching,
and capable of being fixed securely in the open position.
c.
Trash and recyclable material storage areas may be located no less
than five feet from a rear or side property line. No storage area
may be located in a front yard.
d.
If, in the opinion of the Planning Administrator, the changes to
the original site plan are solely for the purpose of creating a trash
and recyclable materials storage area and the site will continue to
operate so as to promote the public health, safety, and general welfare,
an administrative approval may be granted.
e.
(Reserved)
f.
In the alternative, if the Planning Administrator finds that (1) the proposed location of the storage area may be a detriment to the public health, safety, and general welfare, or, (2) does not comply with the details referenced in Subsection b4, or, (3) is located in a front yard or closer than five feet to a side or rear property line, then an administrative approval shall not be granted. A site plan application before the appropriate Municipal Board shall be made.
g.
Existing nonresidential structures which have not obtained an approved trash and recyclable materials storage plan by March 30, 1997, shall be deemed to be nonconforming as a result of the adoption of this Subsection 21-33.5 and shall be deemed to be in violation of the Township's Ordinances with regard to recycling and litter control and shall be subject to the penalties enumerated in the Comprehensive Land Development Ordinance of the Revised General Ordinances of the Township of Ocean.
[Adopted 1-8-1992 by Ord.
No. 1564]
Roof structures such as mechanical equipment, water towers,
etc., shall be screened from public view or designed in such a fashion
as to compliment the architecture of the building.
[Amended 3-16-2009 by Ord. No. 2111]
One freestanding flag pole to display the flag of the United
States of America and/or the State of New Jersey shall be permitted
on a property in a commercial zone. Notwithstanding zoning requirements
to the contrary, the following shall apply:
a.
Applications for a flag pole shall be made to the Planning Administrator.
b.
The application shall be made as follows:
1.
Applicants will submit an original and two copies of the appropriate
application forms.
2.
The appropriate fee shall be paid.
3.
Applicants will submit copies of an approved site plan if the property
has previously received site plan approval, or if not, a survey of
the property on which the flag pole is to be located. In the event
a site plan or survey is not available, the applicant may have the
location staked for review.
4.
Applicants will provide a location of the flag pole on the survey
or site plan which reflects the proposed flag pole and distances to
other structures on and property lines.
c.
The following specifications shall apply to the flag pole:
d.
If, in the opinion of the Planning Administrator, the changes to
the original site plan are solely for the purpose of locating a flag
pole and the site will continue to operate so as to promote the public
health, safety, and the general welfare, an administrative approval
may be granted.
e.
In the alternative, if the Planning Administrator finds that the proposed location of the flag pole: (1) may be a detriment to public health, safety, and general welfare; or (2) does not comply with the specifications in Subsection 21-33.7 c., before the appropriate Municipal Board shall be made.
[Adopted 1-8-1992 by Ord.
No. 1562]
The purpose of the Transitional Office/Residential Zone is to
provide an appropriate transitional use between certain existing single
family residential areas, as identified in the Master Plan of the
Township of Ocean, and more intensive commercial areas or heavily
travelled streets.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
b.
Accessory buildings not to exceed 15 feet in height, structures and
uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1.
Private garage, not to exceed two spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the regulations and conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following conditional uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience, and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
Public utility installations.
3.
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Public and parochial schools.
5.
Satellite antenna dishes greater than one meter for a residential
use or greater than two meters for an office use.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564; Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776]
The T-1 Transitional Office/Residential Zone specified herewith
shall be occupied only as indicated in this chapter.
a.
Single-Family, Home Professional Offices and Professional Offices.
1.
Principal buildings.
(a)
Minimum lot size: 10,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback. (measured from the future street
R.O.W.): 30 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Minimum both side yard setbacks: 25 feet.
(g)
Minimum rear yard setback: 30 feet.
(i)
Maximum lot coverage:
building: 27% of buildable lot area
impervious: 90% of buildable lot area
(j)
Floor area ratio.
[Amended 3-19-1997 by Ord. No. 1770]
|
Single family residences: Not applicable
|
|
Professional offices: 27%
|
|
Home professional offices: 20%
|
|
(Note: the 20% floor area ratio limitation applies to the office
portion of the home professional office only.)
|
(k)
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(l)
Maximum stories: two stories above grade
[Added 6-18-1997 by Ord.
No. 1774]
2.
Accessory buildings, structures and uses.
(a)
More than one accessory building may be permitted on a lot.
One accessory building may be permitted for which the side and rear
yard setback requirements shall be no less than five feet, provided
that it does not exceed 10 feet in height or 150 square feet in area,
and is not attached to or within 10 feet of the principal building.
All additional accessory buildings shall conform to the minimum setback
requirements of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks or porches three feet in height or
less, must maintain the required front yard setback of the principal
building and a minimum 10 feet setback from side and rear property
lines. Decks which exceed three feet in height must maintain the required
side yard setback and may extend no more than 20 feet beyond the required
rear yard setback line provided no point of the deck floor exceeds
a height of seven above finished grade. Any deck which exceeds three
feet in height and is located within the required rear yard shall
have it's base screened by either lattice or landscaping or a combination
of the two. All other accessory structures must maintain the required
front, side and rear yard setbacks of the principal building. Fences
are specifically not covered by this restriction and are governed
elsewhere in this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking is required subject to the requirements and conditions
of this chapter.
b.
Landscaping is required subject to the requirements and conditions
of this chapter.
c.
No more than 24 inches of unfinished foundation shall be exposed
above ground in the front of any building and no more than 42 inches
of unfinished foundation shall be exposed above ground in the architectural
rear of any building.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776]
The purpose of the C-1 Neighborhood Commercial Zone is to provide
retail centers in which will be found the shopping goods and services
required to meet the daily needs of residents in the immediate vicinity
or neighborhood. It is specifically intended for retail sales and
services in the older established areas of the community.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Buildings and Uses.
|
Antique store
|
|
Apparel
|
|
Appliance store
|
|
Artist's supply
|
|
Bakery store
|
|
Bank
|
|
Barber store
|
|
Beauty and cosmetic shop
|
|
Bicycle store (non-motorized)
|
|
Books, periodicals and newspaper sales
|
|
Business office
|
|
Butcher store or meat market (no slaughtering permitted)
|
|
Candy store
|
|
Card store
|
|
Ceramic store
|
|
Cigars and tobacco sales
|
|
Cleaners (no processing)
|
|
Coin dealer
|
|
Convenience store
[Added 1-10-2019 by Ord. No. 2313] |
|
Dairy products, retail
|
|
Delicatessen
|
|
Drugstore
|
|
Finance company
|
|
Florist
|
|
Fruit and vegetable market
|
|
Gift shop
|
|
Grocery store
|
|
Hardware store
|
|
Hobby store
|
|
Ice cream store
|
|
Jewelry store
|
|
Liquor store
|
|
Locksmith
|
|
Luncheonette (non drive-in)
|
|
Medical and dental clinic and offices
|
|
Musical instrument store
|
|
Newsstand
|
|
Notary
|
|
Paint, glass and wallpaper store
|
|
Personal trainers
[Added 4-17-1996 by Ord. No. 1726] |
|
Pharmacy
|
|
Photography studio
|
|
Private schools
|
|
Professional office
|
|
Public utilities office
|
|
Real estate and insurance office
|
|
Record store
|
|
Restaurant
[Added 3-10-2016 by Ord. No. 2262] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Rug/flooring store
[Added 8-21-1996 by Ord. No. 1746] |
|
Seafood store
|
|
Shoe or hat repair store
|
|
Snack bar (non drive-in)
|
|
Specialty food store
|
|
Sporting goods store
|
|
Stationery store
|
|
Tailor
|
|
Tavern
|
|
Television, radio, electronics, sales and service
|
|
Travel agency
|
|
Video store
[Amended 3-10-2016 by Ord. No. 2262 to delete Restaurant,
non drive-in, non fast-food] |
b.
Accessory Buildings and Uses Including:
1.
Private garage space not to exceed three spaces for the storage of
vehicles operated exclusively as part of a permitted use which is
located on the subject site.
2.
Signs subject to the provisions of the requirements of this chapter.
3.
Fences and hedges subject to the requirements of this chapter.
4.
Buildings for tools and equipment used for maintenance of the grounds.
5.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
The following conditional uses are permitted subject to the Planning
Board approval and the special conditions of this chapter.
1.
Government buildings and services which are necessary to the health,
safety, convenience and general welfare of the inhabitants of the
municipality. This category shall include volunteer fire companies.
2.
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
3.
Public utility installations.
4.
Child day-care centers.
5.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6.
Mixed Use Inclusionary Development in the C-1 Zone.
[Added 10-13-2016 by Ord.
No. 2282]
[Adopted 1-8-1992 by Ord.
No. 1564]
The C-1 Commercial Zone specified herewith shall be occupied
only as indicated in this chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: 10,000 square feet.
2.
Minimum lot width: 50 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
five feet.
5.
Minimum side yard setback: zero feet.
In order to encourage an end product which provides parking,
access, and architectural continuity even where development occurs
piece-meal and with diverse ownership, buildings may be attached and
may be built to the interior side lines in order to be attached. The
minimum distance between structures, if not attached, shall be 15
feet whether on the same lot or an adjacent lot. Attached buildings
may include two walls which must be keyed to each other. Where buildings
are built to both side lot lines, the site plan shall be accompanied
by appropriate easements and plans showing properly located loading
spaces and trash receptacles with permitted access across adjacent
properties. If the property abuts a residential zone, the building
shall be set back a distance of 25 feet from the residential zone.
6.
Minimum rear yard setback: 10 feet.
If the property abuts a residential zone, the building shall
be set back a distance of 25 feet from the residential zone.
7.
Minimum gross floor area: 800 square feet.
8.
Maximum lot coverage: 27% of buildable lot area.
9.
Maximum building height: 2 1/2 stories above grade or 35 feet,
whichever is less.
b.
Accessory Buildings. Accessory buildings shall conform to the same
height and setback requirements as the principal building. Accessory
buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the C-2 Highway Commercial Zone is to provide
areas for retail sales and services to serve the residents of the
Township of Ocean and adjacent communities; to promote compatible
land use development of attractive building groups; to ensure the
compatibility of the development with adjacent residential areas;
to improve and provide for the efficient and safe traffic flow within
and through the C-2 Zone; and to provide highway oriented commercial
uses in the proper location in the community.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Buildings and Uses.
|
Advertising agency
|
|
Advertising specialty office
|
|
Antique store
|
|
Apparel
|
|
Appliance store
|
|
Art gallery
|
|
Artist's supply
|
|
Audio visual equipment
|
|
Auto supplies; parts and accessories (not including used or
junk parts)
|
|
Bakery store
|
|
Bank
|
|
Barber shop
|
|
Beauty and cosmetic shop
|
|
Blueprinting and photostating
|
|
Bicycle store
|
|
Books, periodicals and newspaper sales
|
|
Broadcasting studio
|
|
Business equipment sales
|
|
Business office
|
|
Butcher store or meat market (no slaughtering permitted)
|
|
Cafeteria
|
|
Camera and/or photographic supply store
|
|
Candy store
|
|
Caterers
|
|
Ceramic store
|
|
China store
|
|
Cigars and tobacco sales
|
|
Cleaners pick-up or laundry pick-up
|
|
Clothing and pressing establishments
|
|
Coin dealer
|
|
Convenience store
[Added 1-10-2019 by Ord. No. 2313] |
|
Cosmetic store
|
|
Costume rental
|
|
Credit union office
|
|
Curtain store
|
|
Dairy products, retail
|
|
Delicatessen
|
|
Department store
|
|
Diner
|
|
Drugstore
|
|
Employment agency
|
|
Electrical supplies
|
|
Exterminator
|
|
Fabric store
|
|
Finance company
|
|
Fire protection equipment sale, non-automotive
|
|
Floor covering
|
|
Florist
|
|
Food products
|
|
Fruit and vegetable market
|
|
Funeral services
|
|
Fur store
|
|
Furniture sales
|
|
General office buildings
|
|
Gift store
|
|
Glassware
|
|
Greeting card store
|
|
Grocery store
|
|
Gymnastics and martial arts studios
|
|
Hardware
|
|
Health clubs
|
|
Hobby store
|
|
Home furnishings
|
|
Home improvement offices
|
|
Hospitals, animal
|
|
Household appliance
|
|
Ice cream store
|
|
Insurance company
|
|
Interior decorator
|
|
Jewelry store
|
|
Kitchen equipment
|
|
Laundry and dry cleaning
|
|
Lawn maintenance services office
|
|
Leather goods and luggage
|
|
Liquor store
|
|
Locksmith
|
|
Luncheonette
|
|
Mail order house
|
|
Major appliance sales
|
|
Medical and dental clinic and offices
|
|
Metalware
|
|
Motorcycle sales and rental
|
|
Museum
|
|
Music and dance studios
|
|
Musical instrument store
|
|
Notary
|
|
Nursing home
|
|
Office equipment and supplies
|
|
Optical goods
|
|
Paint, glass and wallpaper store
|
|
Personal trainers
[Added 4-17-1996 by Ord. No. 1726] |
|
Pet grooming
|
|
Pet shop
|
|
Pharmacy
|
|
Phonographic sales and service
|
|
Photographic studio
|
|
Printers office and establishment
|
|
Private school
|
|
Physical culture and health establishments
|
|
Professional office
|
|
Public utilities office
|
|
Real estate and insurance
|
|
Record store
|
|
Reducing salon
|
|
Restaurant
[Added 3-10-2016 by Ord. No. 2262] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Sandwich store
|
|
Savings and loan association
|
|
Seafood store
|
|
Shoe and hat repair
|
|
Shopping center
|
|
Specialty food store
|
|
Sporting goods store
|
|
Stamp and coin store
|
|
Stamp redemption centers
|
|
Stationery store
|
|
Supermarket
|
|
Surgical and medical supplies sales
|
|
Tailor
|
|
Telephone answering service
|
|
Television, radio, electronics, sales and service
|
|
Toy store
|
|
Travel agency
|
|
Travel ticket office
|
|
Telephone and telegraph office
|
|
Uniform rental and sales
|
|
Variety store
|
|
Veterinary hospital
|
|
Video store. [Added 3-19-1997 by Ord. No. 1770] |
|
Window cleaning service
[Amended 3-10-2016 by Ord. No. 2262 to delete Eating establishment,
non drive-in, non fast food and Restaurant, non drive-in, non fast
food] |
b.
Accessory Buildings and Uses Including:
1.
Private garage space not to exceed three spaces for the storage of
vehicles operated exclusively as part of a permitted business which
is located on the subject site.
2.
Signs subject to the requirements of this chapter.
3.
Fences and hedges subject to the requirements of this chapter.
4.
Buildings for tools and equipment used for maintenance of the grounds.
5.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
The following conditional uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Public utility installation.
2.
Car washes.
3.
Automotive gasoline station.
4.
Automotive service station.
5.
Automotive sales and service.
6.
Automotive accessory sales and installation.
7.
Plant nurseries, nursery stock supply and sales, garden landscape
supplies.
[Amended 9-18-1996 by Ord. No. 1748]
8.
Government building and services.
[Amended 9-18-1996 by Ord. No. 1748]
9.
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
10.
Eating establishments (drive-in or fast-food).
11.
Quasi-public uses including clubs, lodges, and similar uses.
12.
Billboard signs.
13.
Child day-care centers.
14.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
15.
Move theater, indoor.
[Amended 6-18-1992 by Ord. No. 1585]
16.
Automotive rentals and leasing.
[Added 9-18-1996 by Ord.
No. 1748]
17.
Automotive gasoline station/C-Store.
[Added 9-3-1997 by Ord.
No. 1779]
18.
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord.
No. 1799]
19.
Mixed use commercial and self-storage.
[Added 4-14-2008 by Ord.
No. 2093]
20.
Self Storage, Climate Controlled in Shopping Centers.
[Added 10-14-2021 by Ord. No. 2365]
[Adopted 1-8-1992 by Ord.
No. 1564]
The C-2 Commercial Zone specified herewith shall be occupied
only as indicated in this chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: two acres.
2.
Minimum lot width: 250 feet.
3.
Minimum lot depth: 250 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
100 feet (1).
5.
Minimum side yard setback: 25 feet (one side) (1); 50 feet (both
sides) (1).
6.
Minimum rear yard setback: 50 feet (1).
7.
Minimum gross floor area: 5,000 square feet.
8.
Maximum lot coverage: 27% of buildable lot area.
9.
Maximum floor area ration: 30% of total lot area.
10.
Maximum building height: four stories above grade or 45 feet, whichever
is less (1).
Notes: (1) All required setbacks shall be increased a total
of 5 feet for each foot the building height exceeds 35 feet.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the C-3 General Commercial Zone is to provide
areas for retail sales and services for uses frequented by residents
and requiring central locations with good transportation access and
to ensure the compatibility of the development with adjacent residential
areas.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Buildings and Uses.
|
Advertising agency
|
|
Advertising specialty office
|
|
Antique store
|
|
Apparel
|
|
Appliance store
|
|
Art gallery
|
|
Artist's supply
|
|
Audio visual equipment
|
|
Auto supplies, parts, and accessories (not including used or
junk parts)
|
|
Bakery store
|
|
Bank
|
|
Barber shop
|
|
Beauty and cosmetic shop
|
|
Blueprinting and photostating
|
|
Bicycle store
|
|
Books, periodicals and newspaper sales
|
|
Broadcasting studio
|
|
Business equipment sales
|
|
Business office
|
|
Butcher store or meat market (no slaughtering permitted)
|
|
Cafeteria
|
|
Camera and/or photographic supply store
|
|
Candy store
|
|
Caterer
|
|
Ceramic store
|
|
China store
|
|
Cigars and tobacco sales
|
|
Cleaners pick-up or laundry pick-up
|
|
Clothing and pressing establishment
|
|
Club
|
|
Coin dealer
|
|
Convenience store
[Added 1-10-2019 by Ord. No. 2313] |
|
Cosmetic store
|
|
Costume rental
|
|
Credit union office
|
|
Curtain store
|
|
Dairy products, retail
|
|
Delicatessen
|
|
Department store
|
|
Diner
|
|
Distribution center
|
|
Drugstore
|
|
Employment agency
|
|
Electrical supplies
|
|
Exterminator
|
|
Fabric store
|
|
Finance company
|
|
Fire protection equipment sales, non-automotive
|
|
Floor covering
|
|
Florist
|
|
Food products
|
|
Fruit and vegetable market
|
|
Funeral services
|
|
Fur store
|
|
Furniture sales
|
|
General office buildings
|
|
Gift store
|
|
Glassware
|
|
Greeting card store
|
|
Grocery store
|
|
Gymnastics and martial arts studios
|
|
Hardware
|
|
Health clubs
|
|
Hobby store
|
|
Home furnishings
|
|
Home improvement office
|
|
Hospital, animal
|
|
Household appliance
|
|
Ice cream store
|
|
Interior decorator
|
|
Jewelry store
|
|
Kitchen equipment
|
|
Landscaping, nurseries, and garden supply sales.
[Added 12-20-1995 by Ord. No. 1720, amended 8-21-1996 by
Ord. No. 1746] |
|
Laundry and dry clearing
|
|
Lawn maintenance services office
|
|
Leather goods and luggage
|
|
Liquor store
|
|
Locksmith
|
|
Luncheonette
|
|
Mail order house
|
|
Major appliance sales
|
|
Medical and dental clinics and offices
|
|
Metalware
|
|
Motorcycle sales and rental
|
|
Museum
|
|
Music and dance studios
|
|
Musical instrument store
|
|
Notary
|
|
Nursing home
|
|
Office equipment and supplies
|
|
Optical goods
|
|
Paint, glass and wallpaper store
|
|
Personal trainers
[Added 4-17-1996 by Ord. No. 1726] |
|
Pet shop (including pet grooming)
|
|
Pharmacy
|
|
Phonographic sales and service
|
|
Photographic studio
|
|
Printers office and establishment
|
|
Private school
|
|
Physical culture and health establishments
|
|
Professional office
|
|
Public utilities office
|
|
Real estate and insurance
|
|
Record store
|
|
Reducing salon
|
|
Restaurant
[Added 3-10-2016 by Ord. No. 2262] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Sandwich store
|
|
Seafood store
|
|
Shoe and hat repair
|
|
Shopping center
|
|
Social service organization
|
|
Specialty food store
|
|
Sporting goods store
|
|
Stamp and coin store
|
|
Stamp redemption center
|
|
Stationery store
|
|
Surgical and medical supplies sales
|
|
Tailor
|
|
Telephone answering service
|
|
Television, radio, electronics, sales and service
|
|
Toy store
|
|
Travel agency
|
|
Travel ticket office
|
|
Telephone and telegraph office
|
|
Uniform rental and sales
|
|
Variety store
|
|
Veterinary hospital
|
|
Video store
[Added 3-19-1997 by Ord. No. 1770] |
|
Window cleaning service [Amended 3-10-2016 by Ord. No. 2262
to delete Eating establishments, non drive-in, non fast food, Restaurant,
non drive-in, non fast food]
|
b.
Accessory Buildings and Uses Including:
1.
Private garage space not to exceed three spaces for the storage of
vehicles operated exclusively as part of a permitted business which
is located on the subject site.
2.
Signs subject to the regulations of this chapter.
3.
Fences and hedges subject to the regulations of this chapter.
4.
Buildings for tools and equipment used for maintenance of the grounds.
5.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
The following conditional uses are permitted subject to approval
of the Planning Board and special conditions of this chapter:
1.
Public utility installations.
2.
Car washes.
3.
Automotive gasoline station.
4.
Automotive service station.
5.
Automotive sales and service.
6.
Automotive accessory sales and installation.
7.
Government public buildings.
8.
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
9.
Eating establishments (drive-in or fast-food).
10.
Quasi-public uses, including clubs, lodges, and similar uses.
11.
Billboard sign.
12.
Child day-care centers.
13.
Satellite antenna dishes greater than two meters in diameter.
[Amended 12-20-1995 by Ord. No. 1720, 8-21-1996 by Ord. No. 1746]
14.
Automotive rentals and leasing.
[Added 9-18-1996 by Ord.
No. 1748]
15.
Automotive gasoline station/C-Store.
[Added 9-3-1997 by Ord.
No. 1779]
16.
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord.
No. 1799]
[Adopted 1-8-1992 by Ord.
No. 1564]
The C-3 Commercial Zone specified herewith shall be occupied
only as indicated in this chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: 20,000 square feet.
2.
Minimum lot width: 100 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
50 feet.
5.
Minimum side yard setback: 12 feet.
Where it is adjacent to a residential zone, it shall be 25 feet.
6.
Minimum rear yard setback: 20 feet.
Where it is adjacent to a residential zone, it shall be 25 feet.
7.
Minimum gross floor area: 1,200 square feet.
8.
Maximum lot coverage: 27% of buildable lot area.
9.
Maximum floor area ratio: 30% of total lot area.
10.
Maximum building height: 2 1/2 stories above grade or 45 feet.
[Amended 9-25-2002 by Ord. No. 1939]
b.
Accessory Buildings. Accessory buildings shall conform to the same
height and setback requirements as the principal building. Accessory
buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564, amended in entirety 6-29-2000 by Ord. No. 1861, amended in entirety 10-4-2000 by Ord. No. 1866]
The purpose of the C-4 District is to allow the development
of regional shopping facilities which offer multiple retail commercial,
office and service operations in an area with convenient major highway
access. It is intended that the hub of this area be developed in accordance
with an overall plan coordinating the architectural features, landscaping,
drainage, shared parking, types of uses, controlled access points
and similar standards and aesthetic features so that the final product
will be a self-contained shopping center whether constructed all at
one time or in stages over a period of time. Smaller properties surrounding
the hub should be developed with complementary and compatible uses,
and integrated with the major shopping center design where possible.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 12-20-1995 by Ord. No. 1720, 4-17-1996 by Ord. No. 1726, 8-21-1996 by Ord. No. 1746, 2-19-1997 by Ord. No. 1764, 9-3-1997 by Ord. No. 1779, 6-17-1998 by Ord. No. 1799, 7-29-1998 by Ord. No. 1809, amended in entirety 6-29-2000 by Ord. No. 1861, amended in entirely 10-4-2000 by Ord. No. 1866, amended 4-25-2001 by Ord. No. 1888, 12-26-2001 by Ord. No. 1907, 2-27-2002 by Ord. No. 1915, 5-7-2015 by Ord. No. 2243, 3-10-2016 by Ord. No. 2262 to delete Restaurant,
non drive-in, non fast food]
a.
Principal Permitted Uses.
1.
A regional shopping center which shall be deemed to be an integrated
development of retail stores and shops. Among the uses and activities
permitted as a matter of right within a regional shopping center shall
be the following:
|
Amusement center - game room
|
|
Architectural and drafting supply sales and instruction
|
|
Art gallery or museum
|
|
Art school
|
|
Art supply store
|
|
Audio-visual equipment and supply
|
|
Auditoriums
|
|
Auto supplies, parts and accessories
|
|
Bakery
|
|
Banks and other financial institutions
|
|
Barber shop
|
|
Beauty shop
|
|
Blueprinting and photostating
|
|
Bookstore
|
|
Business school
|
|
Butcher shop or meat market (no slaughtering permitted)
|
|
Cafeterias
|
|
Candy and confectionery stores
|
|
Carpet, rug and floor covering store
|
|
Ceramic equipment and supply sales
|
|
Cleaner or laundry pickup
|
|
Clothing or clothing accessory store
|
|
Clothing or costume rental
|
|
Child-care center
|
|
Convenience store
[Added 1-10-2019 by Ord. No. 2313] |
|
Cosmetic shop
|
|
Curtain and drapery shop
|
|
Dance school
|
|
Delicatessen
|
|
Department store
|
|
Drugstore or pharmacy
|
|
Dry goods or fabric sales
|
|
Electronic and computer equipment sales and service (including
minor assembly of electronics and computer parts for retail sale to
end users only)
[Added 7-29-1998 by Ord. No. 1809] |
|
Florist shop
|
|
Food store
|
|
Furniture or home furnishings
|
|
Gift, souvenir or card shop
|
|
Greeting card shop
|
|
Grocery
|
|
Gun shop
[Added 12-26-2001 by Ord. No. 1907] |
|
Haberdasher
|
|
Hairdresser
|
|
Hobby shop or sporting goods stores
|
|
Household appliance sales and repair
|
|
Indoor theater
|
|
Ice cream store
|
|
Interior decorating establishment
|
|
Jewelry shop
|
|
Junior department store
|
|
Leather goods or luggage store
|
|
Library
|
|
Liquor store.
[Added 2-27-2002 by Ord. No. 1915] |
|
Locksmith
|
|
Luncheonette
|
|
Medical and dental laboratory equipment and supplies
|
|
Medical offices
|
|
Men's clothing and accessories
|
|
Music school
|
|
Music store
|
|
Newsstand
|
|
Offices, business and professional
|
|
Offices, general
|
|
Office equipment and supplies
|
|
Office fixtures and furnishings sales
|
|
Office services
|
|
Optometrist
|
|
Package liquor store
|
|
Paint store
|
|
Parking structure
|
|
Pet shop
|
|
Photographic equipment sales
|
|
Photographic studio
|
|
Physical culture or health establishment
|
|
Post office
|
|
Printing, custom
|
|
Public offices and facilities
|
|
Record shop
|
|
Restaurant (non drive-in, non fast-food)
[Added 5-7-2015 by Ord. No. 2243] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Retail distribution center
[Added 12-3-2020 by Ord. No. 2347] |
|
Safe depository
|
|
Sewing machine store
|
|
Shoe store
|
|
Shoe or hat repair shop
|
|
Shoe shine parlor
|
|
Skating rink
|
|
Snack bar
|
|
Sporting goods
|
|
Stamp or coin store
|
|
Stamp redemption center
|
|
Stationery store
|
|
Supermarket
|
|
Tailor dressmaking shop
|
|
Telephone, radio and phonograph sales and service
|
|
Theaters in enclosed buildings
|
|
Tobacco shop
|
|
Toy store
|
|
Travel agency
|
|
Umbrella shop
|
|
Variety shop
|
|
Video store
|
|
Wallpaper store
|
|
Women's clothing and accessories
|
|
Any use not specifically listed above but which is substantially
similar in purpose, function, character and effect to any one of the
issues listed, shall be permitted in a regional shopping center upon
approval by the Planning Board.
|
c.
The following conditional uses are permitted upon approval of the
Planning Board in accordance with the special conditions of this chapter.
1.
The following conditional uses are permitted as a part of a regional
shopping center:
(a)
Building materials and supplies, home improvement establishment
or hardware store; garden and nursery supplies and equipment.
(b)
Indoor theater.
(c)
Tires, batteries and accessories (TBA) stores.
(d)
Limited truck rental.
(e)
Automotive gasoline stations.
[Added 4-25-2001 by Ord.
No. 1888]
(f)
Eating establishments (drive-in or fast-food)
[Added 5-7-2015 by Ord.
No. 2243]
2.
Billboard signs.
3.
Retail developments not classified as regional shopping center, which
include one or more of the following uses:
|
Advertising agency
|
|
Advertising specialty office
|
|
Apparel
|
|
Art gallery
|
|
Artist's supply
|
|
Audio visual equipment (not including rental of video tapes)
|
|
Barber shop
|
|
Beauty and cosmetic shop
|
|
Periodicals and newspaper sales
|
|
Business equipment sales
|
|
Business office
|
|
Camera and/or photographic supply store
|
|
Candy store
|
|
Ceramic store
|
|
China store
|
|
Cigars and tobacco sales
|
|
Coin dealer
|
|
Cosmetic store
|
|
Costume rental
|
|
Curtain store
|
|
Employment agency
|
|
Fabric store
|
|
Fur store
|
|
Furniture store
[Added 2-19-1997 by Ord. No. 1764] |
|
General office buildings (excluding medical and dental)
|
|
Gift store
|
|
Glassware
|
|
Greeting card store
|
|
Hobby store
|
|
Ice cream store
|
|
Insurance company
|
|
Interior decorator
|
|
Jewelry store
|
|
Leather goods and luggage
|
|
Locksmith
|
|
Luncheonette
|
|
Mail order house
|
|
Metalware
|
|
Museum
|
|
Musical instrument store
|
|
Notary
|
|
Office equipment and supplies
|
|
Optical goods
|
|
Personal trainers
[Added 4-17-1996 by Ord. No. 1726] |
|
Pharmacy
|
|
Phonographic sales and service
|
|
Photographic studio
|
|
Printers office and establishments
|
|
Physical culture and health establishments
|
|
Professional office (not including medical or dental)
|
|
Public utilities office
|
|
Real estate and insurance
|
|
Record store
|
|
Reducing salon
|
|
Restaurant
[Added 3-10-2016 by Ord. No. 2262] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Seafood store
|
|
Shoe and hat repair
|
|
Specialty food store
|
|
Sporting goods store
|
|
Stamp and coin store
|
|
Stamp redemption centers
|
|
Stationery store
|
|
Surgical and medical supplies sales
|
|
Tailor
|
|
Telephone answering service
|
|
Toy store
|
|
Travel agency
|
|
Travel ticket office
|
|
Uniform rental and sales
|
4.
Child day-care centers.
5.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6.
Wireless telecommunications tower and antenna
[Added 6-17-1998 by Ord.
No. 1799]
[Adopted 1-8-1992 by Ord.
No. 1564, amended in entirety 6-29-2000 by Ord. No. 1861, amended in entirety 10-4-2000 by Ord. No. 1866]
a.
Minimum lot size: 40 acres.
b.
Minimum lot frontage: 1,000 feet.
c.
Minimum lot depth: 1,500 feet.
d.
Minimum gross floor area: 250,000 square feet.
e.
Maximum building height: eight stories above grade or 65 feet, whichever
is less.
f.
Setback Provisions. All buildings or structures shall be set back
a distance equal to at least:
1.
Twice the height of the subject structure but not less than 100 feet
from a residential zone boundary.
2.
One and one-half the height of the structure but not less than 50
feet from any public street or right-of-way.
3.
The height of the subject structure but not less than 50 feet from
all other property lines abutting the regional shopping center.
g.
All areas within 30 feet of a property line of the perimeter of the
regional shopping center shall be open and unoccupied except for landscaping,
identification signs, interior roads and roads required for access
to the project.
h.
Parking and Loading.
1.
Parking spaces and aisles. A parking space as used herein shall be
a space at least nine feet wide times 18 feet long exclusive of aisles
and entrances. Aisles shall be no less than 24 feet wide. Parking
spaces and aisles, depending on their layout, shall be in accordance
with the parking standard of this subsection. All parking spaces shall
be marked out by appropriate "hairpin" striping.
(a)
Number of spaces. All retail uses permitted in this zone, with the exception of those listed in Subsection h1(b) below, shall provide five parking spaces for every 1,000 square feet of gross floor area.
(b)
The following uses shall provide two parking spaces for every
1,000 square feet of gross floor area.
Furniture and home furnishings stores;
Garden and nursery supplies and equipment as a part of a building
materials and supplies,
Home improvement establishment or hardware store.
(c)
All office uses shall provide five parking spaces for each 1,000
square feet of gross floor area.
(d)
Theaters shall provide one parking space for each three seats.
(e)
Retail distribution center: 1 parking space per 1000 square feet
of total floor area.
[Added 12-3-2020 by Ord. No. 2347]
2.
Loading.
(a)
Unless underground unloading facilities are provided, a regional
shopping center shall provide loading facilities as described herein.
(b)
The minimum size of a loading space shall be at least 12 feet
in width, 45 feet in length and have a minimum vertical clearance
of 14 feet.
(c)
Off-street loading facilities shall be provided and maintained
in such a manner so as to avoid interference with public use of service
roads and parking areas. Above grade loading facilities shall be screened
from public view to the extent necessary to eliminate unsightliness.
(d)
The number of required loading spaces shall be as follows:
|
Gross Leasable Area
|
Space Required
|
|---|---|
|
0-15,000 square feet
|
0
|
|
15,001-60,000 square feet
|
1
|
|
60,001-150,000 square feet
|
2
|
|
150,001-300,000 square feet
|
3
|
|
Over 300,000 square feet
|
1 additional space per each additional 200,000 square feet or
fraction thereof
|
3.
Parking area. Parking areas shall be divided into lots separated
by appropriate landscaping. Driveways and internal roads shall be
separated from parking areas and aisles by curbed landscaped islands,
which will be an average of 10 feet wide and a minimum of eight feet
wide at any point, to facilitate traffic movements. Minimum 10 feet
wide landscaped islands shall be provided at the end of each row of
parking and every 20 spaces within the interior of parking rows, except
that islands at the end of each row of parking may be reduced to eight
feet wide provided the average island width at the end of parking
rows is 10 feet. Planting "diamonds" 4.5 feet square, shall be installed
in parking rows between landscaped islands, a minimum of every seven
spaces. Where possible, eight-foot wide landscaped area shall periodically
be provided between facing rows of parking.
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping, and ease of access and
shall be developed as an integral part of an overall site design in
accordance with recognized principles of planning and design. In this
regard, the intersection of parking aisles with any access or ring
road shall be at right angles to the greatest extent possible.
4.
Shopping cart holding areas shall be interspersed throughout parking
area which serve single retail uses with a gross floor area over 100,000
square feet. Such shopping cart holding areas shall be located adjacent
to barrier free parking spaces where possible.
i.
Signs and Advertising.
1.
General. No exterior signs shall be permitted except those described
herein. Signs or any part thereof shall not be permitted to move,
rotate, or revolve. Flashing or intermittent variation in the illumination
of a sign or its lettering shall not be permitted. Posters, pinwheels
and other attention attracting forms of advertising shall not be permitted
outside of any structure. No sign shall interfere with the safe functioning
of any traffic control signal or directional device.
2.
Identification signs (free standing).
(a)
A maximum of one free-standing or pylon sign shall be permitted
for each separate frontage of the regional shopping center on a public
street. Said sign shall be for the purpose of identifying or advertising
the regional shopping center. Each such sign shall not exceed an area
of 500 square feet per side.
(b)
The height of free-standing or pylon signs shall not exceed
40 feet above the grade of the center line of the nearest public street
or roadway and shall be set back at least 25 feet from the property
line.
(c)
No signs shall be located within 200 feet of the boundary of
a residential zone, except this limitation shall not apply where a
public highway intervenes between a residential zone and the regional
shopping center.
(d)
On-site directory signs, not to exceed a height of three feet
or an area of 15 square feet.
3.
Exterior facade signs. Except as provided for in Subsection i2 above, all exterior signs identifying or advertising the names or uses of the tenants or occupants of the regional shopping center shall be affixed to the buildings and shall occupy no more than 10% of the aggregate of the total exterior wall areas of such buildings. Directional signs and informational signs such as those identifying entrances, exits, location of rest rooms and other places of public convenience affixed to the buildings shall not be included within the foregoing 10% limitation. No sign affixed to a building shall project beyond the sides or the front of the building more than eight inches, nor shall any such sign project above the top of any parapet or wall.
4.
Store signs (canopy). Where walkways are roofed over by a permanently
installed rigid canopy or other structural device, one sign may be
installed on the underside of such canopy for each store or occupant
provided the sign is hung perpendicularly to the facade of the building.
The aggregate area of both sides of any such sign shall not exceed
eight square feet in area and shall not be less than eight feet above
any walkway. This provision shall not apply to signs within a building
which are not readily visible from outside the building.
5.
Roof signs. Roof signs shall be specifically prohibited.
j.
Additional Requirements.
1.
The overall plan shall provide for an effective and unified treatment
of the development possibilities of the site, making appropriate provision
for the preservation of amenities of the site and the surrounding
areas.
2.
All buildings in the layout and design shall be an integral part
of the development and have convenient access to and from adjacent
uses and buildings.
3.
Individual buildings shall be related to each other in design, mass,
materials, placement and connections, to provide a visually and physically
integrated development.
4.
Treatment of the sides and rear of all buildings within the regional
shopping center shall be comparable in building materials the treatment
given to the street frontages of these same buildings.
5.
The design of buildings and the parking facilities shall take advantage
of the topography of the site, where appropriate, to provide separate
levels of access.
6.
All buildings shall be arranged so as to be accessible to emergency
vehicles.
7.
Facilities for the temporary storage of refuse, garbage, and recyclable
materials awaiting removal shall be designed and located in such a
manner as to make the facilities inconspicuous to the general public
and to prevent the spread of refuse to other areas.
8.
Air conditioning and other mechanical equipment shall be screened
from public view with suitable materials to harmonize with the total
development. Ground equipment shall be screened by a solid architectural
fence or by a solid planting of evergreen materials. Equipment on
any roof shall be screened in a fashion which is architecturally compatible
with the building.
9.
Outdoor storage of inventory, and outdoor display or storage of materials
for sale shall be prohibited. Except such outdoor storage and display
may be provided in a garden and nursery supplies and equipment center
which is a part of a building materials and supplies, Home improvement
establishment or hardware store provided such storage and display
is enclosed by a decorative wall or combination of decorative wall
and decorative fence, and is approved by the Planning Board as a part
of a site plan.
[Amended 2-28-2001 by Ord. No. 1884]
k.
Landscaping.
1.
Landscape treatment for plazas, roads, walkways, service and parking
areas shall be designed as an integral part of a coordinated landscape
design for the entire site.
2.
Primary landscape treatment shall consist of shrubs, ground cover,
and trees, and shall combine with appropriate walks and street surfaces
to provide an attractive development pattern. Landscape materials
selected should be appropriate to growing conditions. Whenever appropriate,
existing trees shall be conserved and integrated into the landscape
design plan.
3.
A minimum of 25% of the total land area of the regional shopping
center shall be landscaped area. Buffer areas and landscaped areas
within and between parking areas shall be included.
4.
A ten-foot wide landscaped area shall be provided along the perimeter
of the parking areas of the site to screen the parking areas and generally
enhance the appearance of the site. The landscaped area shall be located
between any ring road or access road and the parking areas of the
regional shopping center.
l.
Circulation.
1.
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities, roadways, driveways, off-street parking and
loading space.
2.
Roads, pedestrian walks and open spaces shall be designed as an integral
part of an overall site design and shall be properly related to existing
and proposed buildings and appropriately landscaped.
3.
Buildings, parking areas and vehicular circulation shall be arranged
so that pedestrian movement is not unnecessarily exposed to vehicular
traffic.
4.
Material and design of paving, lighting fixtures, retaining walls,
fences, curbs, benches, etc., shall be of good appearance and easily
maintained.
5.
The location and design of pedestrian walks should emphasize desirable
views of new and existing development.
6.
The maximum separation of private automobiles and service vehicles
shall be provided through the use of separate service lanes, where
reasonably possible."
[Added 10-4-2000 by Ord.
No. 1866]
The Regional Shopping Support Facilities (RSSF) Option shall
be applied in only those areas of the C-4 Zone which are specified
on the Official Zoning Map of the Township of Ocean. It is the purpose
of the RSSF option to provide smaller complementary retail, service
and office uses on smaller properties surrounding the regional shopping
center.
a.
Permitted Principal Uses in the RSSF Option Overlay shall include:
1.
Professional, general business, and corporate office uses, excluding
medical and dental uses.
2.
Any use permitted in the C-5 Zone.
3.
Health clubs, tennis clubs, gymnasiums, indoor batting cages, and
similar indoor recreational facilities.
4.
Service and repair of computers, appliances, air conditioning systems,
and heating systems.
b.
Permitted Accessory Structures and Uses in the RSSF Option Overlay
shall include:
c.
The following conditional uses are permitted in the RSSF Option overlay
subject to approval of the Planning Board and the special conditions
of this chapter:
d.
Bulk Standards shall be as follows:
1.
Minimum lot size: one acre.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 175 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
50 feet.
5.
Minimum rear yard setback: 50 feet.
6.
Minimum side yard setback: 25 feet.
7.
Maximum lot coverage: 27% of buildable lot area.
8.
Maximum floor area ratio: 30% of total lot area.
9.
Minimum gross floor area: 5,000 square feet.
10.
Maximum building height: 30 feet.
[Added 9-21-1994 by Ord.
No. 1680]
The purpose of the C-5 Limited Commercial Zone is to provide
areas for retail sales and services compatible with and complimentary
to those uses located within the C-4 Regional Commercial Zone, and
to provide a desirable visual environment on streets leading to the
principal regional shopping center located within the C-4 Regional
Commercial Zone.
[Added 9-21-1994 by Ord.
No. 1680]
A building may be erected, altered, or used, and a lot o premises
may be occupied and used for any of the following purposes:
a.
Principal Buildings and Uses.
|
Advertising agency
|
|
Advertising specialty office
|
|
Antique store
|
|
Apparel
|
|
Appliance store
|
|
Art gallery
|
|
Artist's supply
|
|
Audio visual equipment
|
|
Bakery store
|
|
Bank
|
|
Barber shop
|
|
Beauty and cosmetic shop
|
|
Bicycle store
|
|
Books, periodicals and newspaper sales
|
|
Business equipment sales
|
|
Business office
|
|
Butcher store or meat market (no slaughtering permitted)
|
|
Cafeteria
|
|
Camera and/or photographic supply store
|
|
Candy store
|
|
Ceramic store
|
|
China store
|
|
Cigars and tobacco sales
|
|
Cleaners pick-up or laundry pick-up (no processing on premises)
|
|
Child-care center
|
|
Coin dealer
|
|
Cosmetic store
|
|
Costume rental
|
|
Credit union office
|
|
Curtain store
|
|
Dairy products, retail
|
|
Delicatessen
|
|
Drugstore
|
|
Employment agency
|
|
Electrical supplies
|
|
Fabric store
|
|
Finance company
|
|
Floor covering
|
|
Florist
|
|
Food products
|
|
Fruit and vegetable market
|
|
Fur store
|
|
Furniture sales
|
|
General office buildings
|
|
Gift store
|
|
Glassware
|
|
Greeting card store
|
|
Grocery store
|
|
Hardware
|
|
Hobby store
|
|
Home furnishings
|
|
Home improvement office
|
|
Household appliance
|
|
Ice cream store
|
|
Interior decorator
|
|
Jewelry store
|
|
Leather goods and luggage
|
|
Liquor store
|
|
Locksmith
|
|
Luncheonette
|
|
Major appliance sales
|
|
Medical and dental clinics and offices
|
|
Motorcycle sales and rental
|
|
Museum
|
|
Musical instrument store
|
|
Office equipment and supplies
|
|
Optical goods
|
|
Paint, glass and wallpaper store
|
|
Pet shop (including pet grooming)
|
|
Pharmacy
|
|
Phonographic sales and service
|
|
Photographic studio
|
|
Printers office and establishment
|
|
Private school
|
|
Physical culture and health establishments
|
|
Professional office
|
|
Public utilities office
|
|
Real estate and insurance
|
|
Record store
|
|
Reducing salon
|
|
Restaurant
[Added 3-10-2016 by Ord. No. 2262] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Seafood store
|
|
Shoe and hat repair
|
|
Shopping center
|
|
Social service organization
|
|
Specialty food store
|
|
Sporting goods store
|
|
Stamp and coin store
|
|
Stationery store
|
|
Surgical and medical supplies sales
|
|
Tailor
|
|
Telephone answering service
|
|
Television, radio, electronics, sales and service
|
|
Toy store
|
|
Travel agency
|
|
Travel ticket office
|
|
Telephone and telegraph office
|
|
Uniform rental and sales
|
|
Variety store
[Amended 3-10-2016 by Ord. No. 2262, to delete Eating establishments,
non drive-in, non fast food and Restaurant, non drive-in, non fast
food] |
c.
The following conditional uses are permitted subject to approval
to the Planning Board and the special conditions of this chapter.
1.
Public utility installations.
2.
Government public buildings.
3.
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4.
Satellite antenna dishes greater than two meters in diameter.
[Amended 12-4-1996 by Ord. No. 1754]
5.
Accessory warehouses.
[Added 7-2-1997 by Ord.
No. 1775]
6.
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord.
No. 1799]
7.
Warehouses.
[Added 1-26-2023 by Ord. No. 2407]
[Added 9-21-1994 by Ord.
No. 1680, amended 7-2-1997 by Ord. No. 1775]
The C-5 Limited Commercial Zone specified herewith shall be
occupied only as indicated in this chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: three acres.
2.
Minimum lot width: 350 feet.
3.
Minimum lot depth: 300 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.
or from curbline of Seaview Square Drive): 100 feet plus one foot
for each additional one foot of building height above 30 feet.
5.
Minimum side yard setback:
one side: 70 feet
combined two sides: 35% of lot width.
6.
Minimum rear yard setback: 75 feet.
7.
Minimum gross floor area: 5,000 square feet.
8.
Maximum floor area ratio: 35% of total lot area.
9.
Maximum building height: 45 feet.
10.
Maximum stories above grade: four.
b.
Accessory Structures. Unless otherwise specified in this chapter,
accessory structures shall conform to the same height and setback
requirements as the principal building.
[Added 9-21-1994 by Ord.
No. 1680, amended 7-2-1997 by Ord. No. 1775]
a.
Off-street parking and loading is required subject to regulations and conditions as specified in this chapter and as modified in Subsection b below, except all parking areas shall be set back a minimum of 40 feet from the curb of Seaview Square Drive.
b.
Landscaping is required subject to the regulations and conditions
as specified in this chapter except as follows:
1.
No more than 15 feet parking spaces in a row shall be permitted without
the provision of a minimum 10 feet wide landscaped island. There shall
be provided within such landscaped islands within the perimeter of
parking areas a total of one flowering tree for every 10 parking spaces.
All trees shall be a minimum of 2 1/2 inch caliper, measured
at a height of one foot above the root crown, at planting.
2.
Street trees, in the form of flowering trees or shade trees, shall
be provided along all street frontage, including Seaview Square Drive.
Such trees shall be spaced a maximum of 40 feet apart. All trees shall
be a minimum of 2 1/2 inches caliper, measured at a height of
one foot above the root crown, at planting.
3.
The perimeter of the site shall be planted with flowering trees or shade trees, spaced and sized as required for street trees in Subsection b2 above. In addition, a continuous planting of shrubs, which will have a minimum mature height of 2 1/2 feet, shall be provided on the perimeter of the site adjacent to all parking and access drives. The purpose of the shrubs is to soften the visual impact of these areas, providing a desirable visual environment while not screening the view of the commercial use of the site.
4.
Service areas shall be screened from view from adjacent properties
and streets by a planting screen consisting of a minimum two rows
of evergreen trees, spaced 10 feet apart and 10 feet on centers, and
any additional plantings necessary to adequately screen the loading
area. Where such a planting screen is provided along the property
line, there shall be no requirement for shade or flowering trees.
5.
All landscaped islands shall be planted with a suitable ground cover
or low growing shrubs to the extent that, at maturity of the plantings,
the islands will be totally vegetated.
[Added 5-25-2005 by Ord.
No. 2013; amended 3-8-2018 by Ord. No. 2303]
The C-7 Community Mixed-Use District provides for a mixed-use
development with commercial uses located on the western portion of
the site and residential uses on the eastern portion. It is the intent
of the zone to provide viable commercial development that is complemented
by viable residential development while mitigating traffic impacts
at the intersection of Route 35 and Deal Road and providing an attractive
streetscape along the site frontages on each roadway.
a.
General Requirements.
1.
Minimum tract size: 28 acres.
2.
A mixture of residential, office, and retail uses shall be provided
as described below.
3.
Circulation improvements shall be provided in accordance with the
following provisions:
(a)
A far side jughandle shall be constructed at the northeast corner
of the intersection of Deal Road and Route 35 to accommodate northbound
traffic on Route 35, which intends to travel west on Deal Road. The
purpose of this improvement is to eliminate the need for left-hand
turns onto Deal Road from the existing jughandle on the south side
of Deal Road.
(b)
The construction of a bypass lane from Deal Road westbound to
Route 35 northbound shall be investigated, which would allow traffic
traveling west on Deal Road to access Route 35 northbound without
traveling through the signalized intersection. The feasibility of
such a bypass lane shall be subject to a joint inquiry by the applicant
and the Township to NJDOT to allow such a bypass lane. In the event
that NJDOT determines that the bypass lane is feasible, a joint application
shall be submitted to NJDOT by the applicant and the Township. In
the event that NJDOT determines that such a bypass lane is not feasible,
or denies the joint application, the applicant shall provide three
westbound lanes on Deal Road at the intersection of Route 35 - one
dedicated left turn lane, one dedicated through lane, and one through/right-turn
lane extending from the jughandle.
(c)
The provisions of Subsection 21-45.13 regarding the number and location of curb cuts shall not apply. Access shall be provided to the site from both Route 35 and Deal Road. Up to two curb cuts may be provided from Route 35. The southernmost one shall be a full ingress/egress, and the northern one, if provided, shall be egress only. Access to and from Deal Road shall be provided at a point opposite the intersection of Logan Road with Deal Road in order to utilize the existing traffic signal at that intersection. One additional right-in ingress only may be provided along the Deal Road frontage.
(d)
Vehicular access shall be provided from the site to the adjacent
Ocean Township Library site in order to allow vehicles utilizing the
Library, Township Historical Society, and Community Services building
access to and from Deal Road via a signalized intersection.
(e)
The residential development shall be accessed from an internal
roadway also serving the commercial portion of the property.
(f)
Front yard building and landscaping setback requirements and
lot area shall be measured from property lines that exist prior to
any dedications required by NJDOT for the proposed jughandle, except
that the building setback from the future property line of the jug
handle shall be no less than 30 feet. Where the Master Plan contemplates
additional right-of-way widening, the required front yard setback
and lot area shall be calculated utilizing the proposed future right-of-way
line as shown in the Master Plan.
4.
Landscaped buffers shall be provided along all property lines and
shall consist of berms and plantings that will form a solid screen
of parking and internal roadways from adjacent streets. Buffers shall
be provided as follows:
(a)
Deal Road: 75 feet for a distance of 750 feet from the eastern
property line of the site.
(b)
Balance of Deal Road and N.J. Route 35: 35 feet.
(c)
Northern Property Line: 150 feet to commercial; 200 feet to
residential.
(d)
Eastern Property Line: A minimum buffer of 100 feet between
any building on the subject site and any building on Township property,
and 75 feet between any building on the subject site and any structure
on Township property shall be provided, with the applicant providing
significant plantings on both sites.
(e)
A minimum buffer of 50 feet shall be provided between the residential
and commercial sections of the development.
5.
Plazas/Open Space.
(a)
A minimum of 25% of the entire tract shall be open space. Cafes
and restaurants shall be encouraged to provide outdoor seating areas.
(b)
Plazas and functional landscape areas, such as seating areas
and pathways, within the parking areas may be included as part of
the minimum open space requirement.
(c)
Recreation areas approved by the Municipal Agency shall be permitted
accessory uses.
6.
Residential Development Fees. Residential development pursuant to the density and overall unit count defined within the C-7 standards shall be subject to the imposition of a 1.5% residential development fee pursuant to § 21-9A.4a of the Township Land Development Ordinances.
[Amended 5-10-2018 by Ord. No. 2307]
b.
Permitted Principal Uses.
1.
Commercial Retail Sales and Services.
(a)
Personal services including the following and similar uses not
to exceed 7,500 square feet.
|
Dry cleaner
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Beauty parlor
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Barber
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Day spa
|
(b)
Bank (including drive-through bank).
(c)
Restaurant and food sales.
|
Bakery
|
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Coffee shops
|
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Cafe
|
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Ice cream shop
|
|
Specialty food store
|
|
Delicatessen, take-out, prepared foods store
|
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Restaurant (including fast food restaurant)
|
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Grocery store not to exceed 20,000 square feet in total floor
area
|
(d)
Retail, not to exceed 15,000 square feet per single establishment,
including the following:
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Antique store
|
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Apparel
|
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Art gallery
|
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Artist's supply
|
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Audio visual equipment
|
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Beauty and cosmetic shop
|
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Books, periodicals and newspaper sales
|
|
Camera and/or photographic supply store
|
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Ceramic store
|
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China store
|
|
Coin dealer
|
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Cosmetic store
|
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Curtain store
|
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Drugstore
|
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Electrical supplies
|
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Fabric store
|
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Floor covering
|
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Florist
|
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Fur store
|
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Furniture sales
|
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Gift store
|
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Glassware
|
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Greeting card store
|
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Gymnastics and martial arts studios
|
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Hobby store
|
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Home furnishings
|
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Interior decorator
|
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Jewelry store
|
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Leather goods and luggage
|
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Music and dance studios
|
|
Musical instrument store
|
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Notary
|
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Office equipment and supplies
|
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Optical goods
|
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Paint, glass and wallpaper store
|
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Pet grooming
|
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Pet shop
|
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Phonographic sales and service
|
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Photographic studio
|
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Private school
|
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Record store
|
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Reducing salon
|
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Shoe and hat repair
|
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Sporting goods store
|
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Stamp and coin store
|
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Stamp redemption centers
|
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Stationery/card store
|
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Surgical and medical supplies sales
|
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Tailor
|
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Television, radio, electronics, sales and service
|
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Toy store
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Telephone and telegraph office
|
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Uniform rental and sales
|
(e)
Automotive gasoline station/C-store.
(f)
Health and fitness center not exceeding 35,000 square feet.
(g)
General and professional offices limited to an aggregate total
of 10,000 total square feet.
(h)
Hotel/motel.
(1)
Hotels/motels shall be limited to 125 guest rooms and may include
a general kitchen, dining room, and conference or meeting facilities
within the same building. Hotels/motels may be of the "extended stay"
type providing accommodations for business and vacation travelers.
Such accommodations may include cooking facilities. Hotels/motels
shall be maintained and occupied pursuant to the relevant portions
of the New Jersey Administrative Code regulating such facilities.
(2)
Customary hotel/motel services must be provided, such as but
not limited to: maid service; laundering of linen; telephone; secretarial
or desk service; and the use and upkeep of furniture. The hotel/motel
may also include accessory amenities including, but not limited to:
a business center; guest laundry; pool; guest patio; guest lounge;
cafe; dining room; commercial kitchen; sports court; and/or exercise
room.
c.
Permitted Accessory Uses and Structures: All structures and uses
that are incidental to that of a principal use on the same lot including,
but not limited to: parking; menu boards; recreational facilities;
identification signage; directions signage; gate houses; storage facilities;
a canopy for fueling stations; and utility structures.
d.
Development Standards.
1.
General Development Standards.
(a)
Maximum building footprint - commercial uses: 8% of entire tract.
(b)
Maximum building coverage - townhouses: 15% of entire tract.
(c)
Minimum lot frontage along Deal Road for the commercial portion
of the tract: 300 feet.
(d)
Minimum lot frontage along Route 35 for the commercial portion
of the tract: 500 feet.
(e)
Minimum lot area dedicated to commercial uses: 14 acres; minimum
lot area dedicated to residential uses: 10 acres.
(f)
Unless otherwise stipulated, parking shall be provided in accordance with § 21-35 of the Township of Ocean Land Development Ordinance. If multiple commercial uses are proposed for a single development, the applicant may utilize shared parking provided a shared parking analysis is prepared demonstrating that sufficient parking is available for all uses proposed. Standard parking stalls shall be dimensioned nine feet by 18 feet.
(g)
Any drive-through establishment shall provide a bypass lane
to allow vehicles to exit the drive-through lanes once in the queue.
2.
Signage.
(a)
Commercial uses (excluding automotive gasoline stations and
convenience stores):
(1)
One freestanding or pylon sign, a maximum of 150 square feet
in area, shall be permitted along the Route 35 frontage of the site.
Said sign shall be for the purpose of identifying or advertising the
commercial portion of the development. The sign shall be located on
the south side of the primary access drive.
(2)
One monument sign shall be permitted along the Deal Road frontage
of the site. Said sign shall be for the purpose of identifying or
advertising the commercial portion of the development. Sign shall
not exceed a height of six feet and 50 square feet in area.
(3)
One monument sign identifying a secondary entrance to the commercial
portion of the development is permitted per street frontage. Each
sign shall not exceed a height of six feet and 30 square feet in area.
(4)
The height of freestanding or pylon signs shall not exceed 25
feet above the grade at the property line at its closest point to
the sign, and shall be set back at least 15 feet from the property
line.
(5)
No signs shall be located within 200 feet of a residential property
line except in connection with residential developed as part of the
overall parcel.
(6)
A maximum of five on-site directory signs are permitted and
shall not to exceed a height of three feet or an area of 10 square
feet per side. Such signs my include the logo of the destination business.
(7)
Exterior facade signs. Except as provided for in Subsection d2(a)(2) above, all exterior signs identifying or advertising the names or uses of the tenants or occupants of the commercial portion of the development shall be affixed to the buildings and shall occupy no more than 10% of the aggregate of the total exterior wall areas of such buildings. Directional signs and informational signs, such as those identifying entrances, exits, location of restrooms and other places of public convenience affixed to the buildings, shall not be included within the foregoing ten-percent limitation. No sign affixed to a building shall project beyond the sides or the front of the building more than eight inches, nor shall any such sign project above the top of any parapet or wall.
(8)
Store signs (canopy). Where walkways are roofed over by a permanently
installed rigid canopy or other structural device, one sign may be
installed on the underside of such canopy for each store or occupant
provided the sign is hung perpendicularly to the facade of the building.
The aggregate area of both sides of any such sign shall not exceed
eight square feet in area and shall not be less than eight feet above
any walkway. This provision shall not apply to signs within a building,
which are not readily visible from outside the building.
(9)
Roof signs. Roof signs shall be specifically prohibited.
(b)
Automotive gasoline stations and convenience stores: In addition
to the aforementioned pylon signs, one freestanding pole sign shall
be permitted on the Route 35 frontage, with fuel pricing. The maximum
area of the sign shall not exceed 100 square feet per side, the maximum
height of the sign shall not exceed 25 feet above the grade at the
property line at its closest point to the sign, and the minimum setback
of the sign shall be 15 feet from the nearest property line. Two facade
signs shall be permitted on the front of the building, not to exceed
10% of the front wall area. Two canopy signs shall be permitted, located
below the top of the canopy, on the side of the canopy facing the
front or side street/interior access road.
(c)
Residential uses: In addition to the signs listed in Subsection d2(a), one monument sign (two-sided) may be provided at the entrance to the residential development from the internal circulation roadway and one monument sign (two-sided) may be provided fronting on Deal Road. Signs shall not exceed a height of eight feet and an area of 40 square feet per side. These monument signs shall be exclusive to the residential community for purposes of identifying the community by name and location.
3.
Commercial/retail development (excluding automotive service stations
and hotels/motels).
(a)
Maximum building height: one story/25 feet within 100 feet of
Route 35; two stories/40 feet all other locations.
(b)
A maximum of 40% of the total square footage may be second story.
(c)
Minimum building setbacks:
(1)
From Route 35: 50 feet for fast food restaurants and one-story
retail operations up to 5,000 square feet; 100 feet for all other
commercial uses.
(2)
From Deal Road: 50 feet provided the building is set back no
more than 400 feet from Route 35; 100 feet for all other buildings.
(3)
From side and rear property lines: 240 feet from any commercial
use adjacent to the northern property line and 260 feet from any residential
use adjacent to the northern property line; 600 feet from the eastern
property line.
[Amended 5-10-2018 by Ord. No. 2307]
(d)
One individual use may be a maximum of 35,000 square feet; all
other uses must be less than 10,000 square feet (individually).
4.
Offices. For the purpose of this section, offices include the offices
of a member of a recognized profession and/or an executive office
including, but not limited to: architecture; medicine; dentistry;
engineering; law; planning; accounting; insurance; and real estate.
(a)
Offices shall not be permitted on the first floor.
(b)
The total aggregate general office use shall be limited to 10,000
square feet.
(c)
An additional 4,000 square feet of office space shall be permitted
above a freestanding restaurant use, to be used exclusively for the
administrative or corporate offices of the subject restaurant.
5.
Hotels/motels. Such facility may be freestanding and located on a
separate lot or constructed as part of a commercial development, and
shall be limited to 125 guest rooms.
(a)
6.
Automotive gasoline station and convenience store:
(a)
Maximum building size of convenience store: 6,000 square feet;
(b)
Maximum number of fueling stations: eight dispensers that include
gasoline and low-flow diesel sales with no more that 12 total fueling
stations;
(c)
Maximum number of stories: one;
(d)
Maximum height for principal building: 35 feet, inclusive of
towers, cupolas or other architectural elements;
(e)
Maximum height for fuel area canopy: 25 feet;
(g)
Parking: Minimum of one space for each 300 square feet of convenience
store building footprint, plus one space for each employee on the
most heavily staffed shift. Additional parking may be provided to
enhance internal circulation and eliminate stacking at drive aisles.
7.
Townhouse Development.
(a)
A maximum of 70 units shall be permitted.
(b)
Minimum building setback from Deal Road: 100 feet.
(c)
Minimum setback from NJ Route 35: 600 feet.
(d)
Minimum building setback from pavement of internal public or
private road or parking area: 20 feet.
(e)
Minimum building setback from the perimeter property line of
the overall tract: 20 feet.
(f)
Minimum building setback from adjacent buildings on the property
to the east: 100 feet.
(g)
Minimum building setback from adjacent structures on the property
to the east: 75 feet.
(i)
Minimum width per unit: 24 feet.
(j)
Maximum building height: 2 1/2 stories above grade or 35
feet, whichever is less. Chimneys, spires, elevator penthouses and
similar projections shall not be included in calculating building
height.
(k)
Maximum number of units per structure: six.
(l)
Minimum number of units per structure: three.
(m)
All internal and external improvements found necessary in the
public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land. All curb to curb pavement widths shall not be
less than 30 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
(n)
There shall be no direct access of driveways from any dwelling
unit onto Deal Road.
8.
Single-Family Residential Uses: The standards of the R-4 Zone shall
apply.
e.
Special Design Criteria for C-7 Zone.
1.
Building Configuration. Commercial delivery traffic shall be directed
to a service area, buffered by the building configuration, walls or
berming whenever feasible.
2.
Design Elements: commercial tract.
(a)
Landscaping.
(1)
Shade trees.
(i)
Shade trees shall be provided continuously along
the curb edge of all shopping area sidewalks and pedestrian pathways
at a minimum spacing of 30 feet on center and no greater than 40 feet
on center, depending upon site conditions and supplemental landscaping.
(ii)
Shade trees shall be planted in a continuous paving
area with at least a four-foot clear width. The four-foot paving area
shall be made of bricks or other unit pavers that are set on a stable
porous bed, such as sand or gravel, in order to permit water to reach
the roots.
(iii)
Shade trees along the shopping area sidewalks
must be high branching and have an open habit in order to permit views
of the stores and their signs on the first floor.
(2)
Lighting. Ornamental lighting fixtures shall be provided along
the sidewalks, building frontages and within the parking areas.
(b)
Building design: commercial tract.
(1)
The material and design elements used on the front or primary
facade shall be replicated on any side or rear elevation visible to
the general public from rights-of-way or adjacent properties.
(2)
For all commercial buildings with a front elevation greater
than 225 feet in length, no more than 50% of the front building line
shall be at the same setback line and the offset shall be at least
equal to 10% of the average depth of the building.
(3)
Entrance doors shall be located within each individual facade
element, even if they result in multiple entrances to a larger establishment,
with the exception of hotel uses.
(4)
Canopies shall be provided in various locations along building
frontages. Canopies shall consist of a material and color that will
complement the building design. Canopies are not intended to act as
signage, but may include logos.
(5)
Building height. Varied building heights shall be provided throughout
the development, with the taller buildings located at the center of
the overall development.
(c)
Parking/paving: commercial tract.
(1)
All parking shall be located along and within the internal circulation
roadway. Parking should be buffered, to the greatest extent possible,
by way of building placement, berms and landscaping.
(2)
Innovative parking solutions, including underground or under-building
parking, are encouraged.
(3)
Ten percent of parking areas, measured from the edge of pavement
of the parking area, shall be landscaped consisting of islands or
aisles of a minimum width of six feet. These areas, if including pedestrian
pathways, shall be 10 feet in width, including a four-foot-wide pedestrian
walkway. Each island shall contain at least one shade tree. Islands
may be included as part of the 25% open space requirement for the
development.
(4)
The parking lot islands shall be located so as to visually and
physically separate parking areas.
(5)
A variety of materials, including stamped concrete, cobblestones,
and brick, shall be utilized to designate pedestrian pathways and
to add interest.
(d)
Circulation.
(1)
Customer and residential traffic shall be separated from delivery
traffic.
(2)
A circulation drive shall be provided with interior directional
signage giving access to all areas of the development.
(3)
The minimum width of pathways shall be five feet where no retail
space is provided.
(4)
The minimum width of sidewalks along and connecting retail establishments
shall be eight feet where no outside seating areas are proposed.
(5)
Paving materials along the building frontages shall include
a variety of materials, such as broom-finished concrete for the walking
area and bricks or other pavers for the tree planting areas along
the curb.
(6)
Internal pedestrian walkways shall be provided between the site
improvements and the library site to the east.
[Adopted 1-8-1992 by Ord.
No. 1564]
The purpose of the I-1 Light Industrial Zone is to provide for
the development of light industrial, office, and limited retail commercial
land uses which are compatible with the industrial nature of the I-1
Zone in the Township of Ocean; to provide for a compatible land use
relationships within the I-1 Zone as well as between uses within the
I-1 Zone and uses in adjacent zones; to restrict the emission of any
environmental pollutants; and to provide for the safe and efficient
flow of vehicles to and from industrial areas.
[Adopted 1-8-1992 by Ord.
No. 1564]
A building may be erected, altered, or used, and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Permitted Uses and Structures.
1.
Manufacturing, fabrication and assembly of light machinery and products.
2.
Television and radio studios and antennas.
3.
Wholesale sales and distribution, excluding truck terminals or bulk
distribution terminals.
4.
Warehousing, including "self-storage" and mini-warehousing facilities.
5.
Other light industrial uses similar to those listed above which do
not require chemical processing, outside storage of materials and
supplies, of cause the emission of environmental pollutants into the
environment.
6.
Professional, general business, and corporate office uses, excluding
medical and dental uses.
7.
Health clubs, tennis clubs, gymnasiums, indoor batting cages, and
similar indoor recreational facilities.
8.
Service and repair of computers, appliances, air conditioning systems,
and heating systems.
9.
Showrooms for the sale of appliances, furniture, carpets and other
large household items which would normally require delivery and or
installation by the seller or his agent. It is not the intent to prohibit
"carry out sales", however the majority of the business should involve
delivery and/or installation by the seller.
10.
Retail sales and service uses which are related directly to any manufacturing
or warehousing use of the building, provided that such uses are located
in and occupy no more than 25% of the gross floor area of the principal
building.
11.
Mail order and/or telephone sales and distribution facility.
[Added 4-17-1996 by Ord.
No. 1726]
12.
Taxi and/or package delivery service including a dispatch office.
[Added 7-29-1998 by Ord.
No. 1809]
13.
Automotive detailing.
[Added 8-25-2004 by Ord.
No. 1991]
b.
Accessory Buildings and Uses including:
1.
Private garage space for the storage of vehicles operated exclusively
as part of a principal permitted use on the site.
2.
Signs subject to the requirements of this chapter.
3.
Fences and hedges subject to the requirements of this chapter.
4.
Other customary accessory buildings, uses and structures which are
clearly incidental to the principal building and/or structure and
use.
c.
Conditional Uses. The following conditional uses are permitted subject
to approval by the Planning Board and to the special conditions set
forth in this chapter.
1.
Lumber yards, building material sales, and improvements contractors.
2.
Car wash.
3.
Automotive service station.
4.
Public utility installations.
5.
Public uses.
6.
Quasi-public uses.
7.
Child day-care centers.
8.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
9.
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord.
No. 1799]
10.
Automotive service and inventory storage.
[Added 9-15-1999 by Ord.
No. 1833]
11.
Retail uses in combination with retail development in an adjacent
C-3 Zone.
[Added 1-10-2001 by Ord.
No. 1879]
12.
Adult parochial school and adult parochial boarding schools.
[Added 10-13-2016 by Ord.
No. 2279]
[Adopted 1-8-1992 by Ord.
No. 1564]
The I-1 Light Industrial Zone specified herewith shall be occupied
only as indicated in this chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: 40,000 square feet.
2.
Minimum lot width: 150 feet.
3.
Minimum lot depth: 200 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
50 feet.
5.
Minimum rear yard setback: 60 feet.
Where an industrial zone abuts a lot in a residential zone,
a rear yard setback of 100 feet shall be required.
6.
Minimum side yard setback:
one side : 20 feet
both sides: 80 feet
Where an industrial zone abuts a lot in a residential zone,
a rear yard setback of 100 feet shall be required.
7.
Maximum lot coverage: 54% of buildable lot area.
8.
Maximum floor area ratio: 54% of total lot area.
9.
Minimum gross floor area: 5,000 square feet.
10.
Maximum building height: 35 feet.
11.
Maximum distance between buildings. More than one principal building
on a lot shall provide a minimum open unoccupied area between buildings
equal to the height of the adjoining building or buildings but not
less than 15 feet.
b.
Accessory Buildings. Except as otherwise provided in this chapter,
accessory buildings and structures shall meet the setback and height
requirements of the principal building.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Off-street parking and loading is required subject to regulations
and conditions specified in this chapter.
b.
Landscaping must be provided in accordance with the regulations and
conditions of this chapter.
c.
No property in a residential zone shall be used as a driveway or
parking lot to serve an industrial use.
d.
No materials, raw or finished, shall be stored in any required front
yard. When stored in any side or rear yard or open area of the site,
materials, raw or finished shall be screened from public view by a
solid architectural fence and/or a solid evergreen planting, and shall
be stored in an orderly and neat fashion.
[Added 8-12-2021 by Ord. No. 2362]
The provisions of this section shall provide the developmental
standards for Cannabis business and shall supersede all other standards
for such establishments.
a.
Definitions. The terms and definitions as delineated in N.J.S.A.
24:6I-33 are incorporated herein.
b.
State Licensed Cannabis Businesses Are Permitted.
1.
Any business duly licensed by the State of New Jersey to conduct
legal adult use marijuana operations, as defined by State law, may
operate within the noted zones so long as: (i) the entity maintains
its State license in good standing; (ii) the entity maintains its
Ocean Township Business License in good standing; and (iii) the entity
otherwise remains in full compliance with the laws and regulations
established by the State of New Jersey and the applicable agency,
authority, and/or department governing the licensed activity, as may
be amended.
2.
No Business License to operate within the Township of Ocean shall
be granted or renewed without such evidence as may be required by
the Township Clerk's Office to determine that the entity maintains
all valid State and/or departmental licenses and approvals, and that
all such licenses and/or approvals remain in good standing at the
time of registration.
c.
Zoning Districts Where Cannabis Establishments Are Permitted.
1.
Cannabis Cultivators, Cannabis Manufacturers, Cannabis Distributors,
and Cannabis Wholesalers are only permitted in the C-4 RSSF Zone and
the Light Industrial Zone (I-1) that is south of Deal Road and west
of State Route 35 in accordance with all applicable provisions set
forth herein, state law, and all other applicable codes and regulations,
including but not limited to the Building Code.
[Amended 2-9-2023 by Ord.
No. 2411]
2.
No Cannabis Retailers or Cannabis Delivery businesses are permitted
in any zone.
d.
Site Standards for Cannabis Businesses.
1.
There shall be no on-site sales of alcohol or tobacco products, and
no on-site consumption of food, alcohol, tobacco, or cannabis by patrons.
2.
Hours of public operation shall be limited to 8:00 a.m. through 8:00
p.m. daily. No licensed Cannabis businesses shall be open to the public
between the hours of 8:01 p.m. and 7:59 a.m. on any day.
3.
For any licensed cultivation, processing, or similar operation, the
facility shall provide an air treatment system with sufficient odor
absorbing ventilation and exhaust systems such that any odors generated
inside the facility are not detectable by a person of reasonable sensitivity
anywhere on adjacent property, within public rights of way, or within
any other unit located within the same building as the licensed facility
if the use only occupies a portion of a building.
4.
For any licensed cultivation, processing, manufacturing, or similar
operation, the facility shall provide for noise mitigation features
designed to minimize disturbance from machinery, processing and/or
packaging operations, loading, and other noise generating equipment
or machinery. All licensed facilities must operate within applicable
State decibel limitations.
5.
To the extent not already required by the entity's State license,
all sites must be equipped with security cameras covering all exterior
parking and loading areas, points of entry, and interior spaces which
are either open to the public or used for the storage or processing
of cannabis products. Footage must be maintained for the duration
required under State law.
6.
All licensed facilities must provide the Ocean Township Police Department
with access to security footage immediately upon request by the Department.
7.
To the extent not already required by the entity's State license,
all licensed facilities must provide at least one security guard (or
more if required by the State or Township) during all times the facility
is open to the public. At a minimum, the security guard shall be a
State Certified Security Officer whose certification is in good standing.
8.
For any licensed cultivation operation, the facility must mitigate
lighting spillover into any residential neighborhoods and must comply
with all applicable State lighting limitations.
9.
Cannabis waste shall be stored, secured, and managed in accordance
with applicable state laws.
10.
Cannabis plants, products, and paraphernalia shall be screened from
view from any exterior windows.
11.
All Cannabis businesses shall conduct operations indoors. No Cannabis
Cultivators shall be permitted to operate outdoors, e.g., grow canopies.
e.
On-Site Signage.
1.
No State licensed cannabis business shall display signage containing
text and/or images intended to promote excessive consumption of legal
marijuana products.
2.
Signage shall otherwise comply with the requirements of subsection 21-44.3, Signs in the Commercial Zones (C-RSSF, C-1, C-2, C-3, C-4, C-5), and Office and Industrial Zones (O-1/20, O-1/40, O-1/80, I-1), of the Ocean Township Code to the extent permissible by applicable State laws and regulations governing signage standards for licensed cannabis businesses.
3.
No State licensed cannabis business shall place or cause to be placed
any off-site advertising signage.
f.
Penalties.
[Amended 1-12-2022 by Ord. No. 2376]
1.
For violation of any provision of this section, the penalty upon
conviction shall be the maximum fine permitted under New Jersey State
law for the violation of a municipal ordinance in accordance with
N.J.S.A. 40:49-5, or imprisonment for a period not exceeding the maximum
time permitted under New Jersey State law for the violation of a municipal
ordinance, in accordance with N.J.S.A. 40:49-5, or both. In any case
where the penalty is an amount greater than $1,250 upon an owner for
violations of housing or zoning codes, the owner shall be provided
a thirty-day period in which the owner shall be afforded the opportunity
to cure or abate the condition and shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
2.
Separate Violation for Each Day. Each day that a violation of this
section is allowed to exist shall constitute a separate violation
or offense and shall be subject to the penalty as prescribed herein.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 1-26-2005 by Ord. No. 2003]
The purpose of the O-1/20 Office/Limited Service Zone is to
provide for the development of professional or general office, medical
or dental offices, and limited service uses in the Township of Ocean
on lots of 20,000 square feet or larger; to provide for compatible
land use relationships to restrict the emission of any environmental
pollutants; and to provide for the safe and efficient flow of vehicles
to and from the office research areas:
[Adopted 1-8-1992 by Ord.
No. 1564, amended 1-26-2005 by Ord. No. 2003]
A building may be erected, altered or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Uses shall include:
1.
Office buildings for executive or administrative purposes, professional
or general offices, and medical or dental offices.
2.
Laboratories similar to the following but not including manufacturing:
biological, chemical, dental, pharmaceutical and general research.
3.
Data processing and computer operations.
4.
In addition to the above, any office-research facility not inconsistent
with the above, that is similar in purpose, function, character and
effort.
5.
Indoor recreation facilities.
6.
Career counseling services and activities.
b.
Accessory Buildings and Uses including:
1.
Private garage space for the storage of vehicles operated exclusively
as part of a permitted use located on the same site.
2.
Signs subject to the provisions of this chapter.
3.
Fences and hedges subject to the provisions of this chapter.
4.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
Conditional Uses. The following conditional uses are permitted subject
to approval by the Planning Board and to the special conditions set
forth in this chapter.
1.
Child day-care centers.
2.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
3.
The following limited retail and service uses are permitted:
[Added 9-17-2013 by Ord.
No. 2206]
|
Apparel
|
|
Artist's supply
|
|
Bakery
|
|
Bank
|
|
Barber store
|
|
Beauty and cosmetic shop
|
|
Periodicals and newspaper sales
|
|
Candy store
|
|
Card store
|
|
Caterer
|
|
Cigars and tobacco sales
|
|
Cleaners (no processing)
|
|
Coin or collectibles dealer
|
|
Computer sales, supplies and service
|
|
Delicatessen
|
|
Florist
|
|
Gift shop
|
|
Health club
|
|
Ice cream store
|
|
Interior decorator
|
|
Jewelry store
|
|
Laundry and dry cleaning
|
|
Locksmith
|
|
Luncheonette (non drive-in)
|
|
Musical instrument store
|
|
Office equipment and supplies
|
|
Optical goods
|
|
Personal trainers
|
|
Pharmacy
|
|
Photography studio
|
|
Restaurant (non drive-in, non fast-food)
|
|
Shoe or hat repair store
|
|
Specialty food store
|
|
Stationery store
|
|
Tailor
|
|
Travel agency
|
4.
Adult parochial schools and adult parochial boarding schools.
[Added 10-13-2016 by Ord.
No. 2279]
[Adopted 1-8-1992 by Ord.
No. 1564, amended 1-26-2005 by Ord. No. 2003]
The O-1/20 Office/Limited Service Zone specified herewith shall
be occupied only as indicated in the Schedule in Article XVII of this
chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: 20,000 square feet.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
35 feet.
5.
Minimum rear yard setback: 20 feet.
6.
Minimum side yard setback width: 12 feet one side; 50% of lot both
sides combined.
7.
Maximum lot coverage: 27% of buildable lot area.
8.
Maximum floor area ratio: 30% of total lot area.
9.
Minimum gross floor area: 6,000 square feet.
10.
Maximum building height: 35 feet.
11.
Minimum distance between buildings shall be no less than the height
of the highest of the two buildings.
b.
Accessory Buildings. Accessory buildings shall be set back one foot
for each one foot of building height, but not less than 25 feet from
a property line. Accessory buildings are not permitted in the required
front yard.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 1-26-2005 by Ord. No. 2003]
[Added 1-26-2005 by Ord.
No. 2003]
The PAC Option shall be applied in only those areas of the O-1/20
Zone which are adjacent to the R-3 Zone and specified on the Official
Zoning Map of the Township of Ocean, and shall be an integral part
of, and subject to the regulations applying to, a Planned Adult Community
in the R-3/PAC Zone.
[Added 1-26-2005 by Ord.
No. 2003]
The Senior Citizen Apartment Overlay Option shall be applied
in only those areas of the O-1/20 Zone which are specified on the
Official Zoning Map of the Township of Ocean. It is the purpose of
this Option to provide an alternative senior citizen residential design
to accommodate the uniqueness of the overlay zone area, while providing
adequate safeguards and protections for surrounding properties.
a.
A Senior Citizen Apartment (SCA) Overlay Option shall be permitted
only if:
1.
Adequate sewers are available, or are to be made available by the
applicant, to serve the proposed development; and
2.
The portion of Center Street which bisects the site is vacated and
the site is developed as a single integrated development. In the event
of such a vacation, any site design shall provide for emergency access
to properties to the east which would have otherwise been served by
Center Street.
3.
Access shall be provided via Route 66.
b.
In the event that the applicant elects to develop the property as
a Senior Citizen Apartment Option, the following shall apply:
1.
The development may be developed under the "Discontiguous Cluster
Option", provided that the developed density on the principal tract,
including any portion of the principal tract that may be dedicated
for municipal purposes, recreation, or open space, shall not exceed
16 units per acre. The overall residential density shall not exceed
more than 10 dwelling units per acre of total lot area, including
discontinuous tracts, but in no case shall the total number of units
exceed 200.
2.
A minimum 135-foot wide buffer planting, consisting of a berm varying
in height from two feet to five feet and a screen of evergreen trees
and shrubs as well as a mixture of deciduous trees and shrubs, shall
be planted along all property lines which abut the R-3 Single Family
Residential Zone. This requirement shall not apply where the site
abuts a tract of land that is also designated R-3 PAC Option Overlay
Zone, and an approved plan exists for the PAC. The buffer area may
include, at the option of the Municipal Agency, a solid architectural
fence. Minimum planting sizes for this buffer area shall be: eight
feet in height for evergreen trees; three inch caliper for deciduous
shade trees, and; 30 inches in height for shrubs.
3.
The following standards are intended for senior citizen apartment
developments (Note: these standards anticipate adding smaller developments
to larger previously approved developments.)
(a)
Minimum lot size: eight acres.
(b)
Minimum lot width: 400 feet.
(c)
Minimum lot depth: 400 feet.
(d)
Minimum front yard setback: 50 feet.
(e)
Minimum rear yard setback: 50 feet (200 feet from R-3 Zoned
property that does not have the PAC Option Overlay).
(f)
Minimum side yard setback: 50 feet (200 feet from R-3 Zone property
that does not have the PAC Option Overlay).
(g)
Minimum distance between principal buildings: 85 feet between
any two rear or front facades; 30 feet between any other facades.
(h)
Minimum setback from parking area: 10 feet.
(i)
Maximum lot coverage: 35% of the buildable lot area.
(j)
Maximum building heigh: three stories above grade or 45 feet,
whichever is less.
(k)
Maximum building length: 300 feet.
(l)
Maximum units per structure: 46.
(n)
Each principal building shall:
(1)
Not allow or contain outside television antenna. All television
antenna equipment shall be built into the building to eliminate individual
television antennas from being erected on the roof.
(2)
Provide, in an enclosed storage area, with a minimum vertical
clearance of five feet, of not less than 400 cubic feet of storage
for each unit in the building.
(3)
Not fail to provide, in an enclosed area, laundry facilities
of not less than one washer and one dryer for each 10 dwelling units
for the exclusive use of the occupants of the building, unless space
and connections for a washer and dryer is provided within each unit.
No outside clothes lines or clothes hanging facilities or devices
shall be provided or allowed.
(4)
Provide for fully enclosed trash and recycling areas in the
basement of each building or an outside trash and recyclable storage
area completely surrounded by a six-foot high solid architectural
fence with front solid gates. All trash and recyclables shall be stored
in this area and shall not be in public view.
(o)
Indoor and outdoor recreation facilities, of adequate size to
serve the occupants, shall be provided. Recreation facilities shall
include, at a minimum: a clubhouse a minimum of 1,100 square feet
in area, and a swimming pool, as well as other outdoor active recreational
facilities such as tennis courts. The outdoor recreation area shall
occupy a minimum of 50 square feet per dwelling unit.
(p)
Parking shall be provided at the rate of two parking spaces
per dwelling. Up to 50% of the required parking spaces my be provided
above ground, provided that no parking spaces shall be located between
any proposed building setback line and adjacent R-3 zoned properties.
The remaining parking shall be provided in a below ground parking
area.
(q)
The following requirements shall also apply:
(1)
No unit shall have more than two bedrooms.
(2)
Each unit shall have a kitchen or kitchenette in addition to
a minimum of one private bathroom.
(3)
Transportation amenities, including courtesy bus transportation
for shopping and non-emergency medical appointments, may be provided.
(4)
Additional amenities including recreation activities and housekeeping
may be provided and shall be for the exclusive use of residents and
their guests.
(5)
A small retail convenience area not to exceed 300 square feet
in area, and a beauty parlor/barber shop not to exceed 400 square
feet in area may be provided for the exclusive use of residents and
their guests.
4.
In the event that the development is owner occupied, title to all
reserved or common land shall be held in fee simple by a homeowners'
association, except that the municipality may elect to have certain
areas dedicated to the municipality.
5.
In the event that the development is owner occupied, homeowners'
association shall be required to be established by a Master Deed.
Said deed shall require that the homeowners' association operate and
maintain recreation facilities and maintain all common property such
as open space, streets and stormwater detention facilities.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the O-1/40 Office-Research Zone is to provide
for the development of general offices, professional offices, medical/dental
offices, and research related uses in the Township of Ocean on lots
of 40,000 square feet or larger; to provide for compatible land use
relationships; to restrict the emission of any environmental pollutants;
and to provide for the safe and efficient flow of vehicles to and
from the office research areas. It is the intent of this zone to encourage
the consolidation of smaller lots into conforming lots where practicable.
It is not the intent to prohibit the development of lots of less than
40,000 square feet where consolidation is not possible.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Uses shall include office and research related facilities
including:
1.
Office buildings for executive or administrative purposes, professional
or general offices, and medical or dental offices.
2.
Laboratories, similar to the following (but not including manufacturing):
biological, chemical, dental, pharmaceutical and general research.
[Amended 2-14-2001 by Ord. No. 1883]
3.
Data processing and computer operations.
4.
Wellness center.
5.
In addition to the above, any office-research facility not inconsistence
with the above, that is similar in purpose, function, character and
effort.
[Amended 10-15-2015 by Ord. No. 2249]
b.
Accessory Buildings and Uses including:
1.
Private garage space for the storage of vehicles operated exclusively
as part of a permitted use which is located on the same site.
2.
Signs subject to the provisions of this chapter.
3.
Fences and hedges subject to the provisions of this chapter.
4.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
Conditional Uses. The following conditional uses are permitted upon
approval of the Planning Board in accordance with the special conditions
of this chapter.
1.
Child day-care centers.
2.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
3.
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
4.
Assembly and/or fabrication of light machinery or products.
[Added 4-14-2008 by Ord. No. 2093]
[Adopted 1-8-1992 by Ord. No. 1564]
The O-1/40 Office-Research Zone specified herewith shall be
occupied only as indicated in the Schedule in Article XVII of this
chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: 40,000 square feet.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
100 feet from N.J. Route 35 35 feet from any other street.
5.
Minimum rear yard setback: 20 feet.
Where an O-1/40 Zone abuts a lot in a single family residential
zone, a minimum rear yard of 25 feet shall be required.
6.
Minimum side yard setback: 12 feet one side; 50% of lot width both
sides combined.
Where an O-1/40 Zone abuts a lot in a single family residential
zone, a minimum side yard of 25 feet shall be required.
7.
Maximum lot coverage: 27% of buildable lot area.
8.
Maximum Floor area ratio: 30% of total lot area.
9.
Minimum gross floor area: 3,500 square feet.
10.
Maximum building height: 35 feet.
11.
Minimum distance between buildings shall be no less than the height
of the highest of the two buildings.
b.
Accessory Buildings. Accessory buildings shall be set back one foot
for each one foot of building height, but not less than 25 feet from
a property line, except where the yard abuts a residential zone, the
building shall meet all the setback requirements of a principal building.
Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the O-1/80 Office-Research-Limited Commercial
Zone is to provide for the development of general offices, professional
offices, medical/dental offices, research related uses, and limited
retail and service uses in the Township of Ocean on lots of 80,000
square feet or larger; to provide for compatible land use relationships;
to restrict the emission of any environmental pollutants; and to provide
for the safe and efficient flow of vehicles to and from the sites
within the zone and adjacent areas. It is the intent of this zone
to encourage the consolidation of smaller lots into conforming lots
where practicable. It is not the intent to prohibit the development
of lots of less than 80,000 square feet where consolidation is not
possible.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Permitted Uses shall include office and research related
facilities including:
1.
Office buildings for executive or administrative purposes, professional
or general offices, and medical or dental offices.
2.
Laboratories similar to the following but not including manufacturing:
biological, chemical, dental, pharmaceutical and general research.
3.
Data processing and computer operations.
4.
In addition to the above, any office-research facility consistent
with the above, that is similar in purpose, function, character and
effort.
b.
Accessory Buildings and Uses including:
1.
Private garage space for the storage of vehicles operated exclusively
as part of a permitted use which is located on the same site.
2.
Signs subject to the provisions of this chapter.
3.
Fences and hedges subject to the provisions of this chapter.
4.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
c.
Conditional Uses. The following conditional uses are permitted upon
approval of the Planning Board in accordance with the special conditions
of this chapter.
1.
The following limited retail and service uses are permitted:
|
Apparel
|
|
Artist's supply
|
|
Bakery
|
|
Bank
|
|
Barber store
|
|
Beauty and cosmetic shop
|
|
Periodicals and newspaper sales
|
|
Candy store
|
|
Card store
|
|
Cigars and tobacco sales
|
|
Cleaners (no processing)
|
|
Coin or collectibles dealer
|
|
Computer sales, supplies and service
|
|
Delicatessen
|
|
Florist
|
|
Gift shop
|
|
Health club
|
|
Ice cream store
|
|
Jewelry store
|
|
Locksmith
|
|
Luncheonette (non drive-in)
|
|
Musical instrument store
|
|
Office equipment and supplies
|
|
Photography studio
|
|
Restaurant
[Added 3-10-2016 by Ord. No. 2262] |
|
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262] |
|
Shoe or hat repair store
|
|
Stationery store
|
|
Tailor
|
|
Travel agency
[Amended 3-10-2016 by Ord. No. 2262 to delete Restaurant,
non drive-in, non fast food] |
2.
Billboard signs.
3.
Child day-care centers.
4.
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
5.
Rehabilitation and vocational training center for the physically
and/or neurologically disabled.
[Added 11-16-1992 by Ord. No. 1608]
6.
Principal permitted uses in the I-1 Zone with the exception of: manufacturing,
fabrication and assembly of light machinery and products; and, professional,
general business, and corporate office uses.
[Added 1-5-1994 by Ord. No. 1657]
7.
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
[Adopted 1-8-1992 by Ord. No. 1564]
The O-1/80 Office-Research-Limited Commercial Zone specified
herewith shall be occupied only as indicated in the Schedule in Article
XVII of this chapter which is as follows:
a.
Principal Buildings.
1.
Minimum lot size: 80,000 square feet.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 400 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
100 feet (1).
5.
Minimum rear setback: 75 feet (1).
Where an O-1/80 Zone abuts a lot in a single family residential
zone, a rear yard of 100 feet shall be required.
6.
Minimum side yard setback: 50 feet (1).
Where an O-1/80 Zone abuts a lot in a residential zone, a side
yard of 100 feet shall be required.
7.
Maximum lot coverage: 27% of buildable lot area.
8.
Maximum floor area ratio: 30% of total lot area.
9.
Minimum gross floor area: 10,000 square feet.
10.
Maximum building height: four stories above grade or 45 feet, whichever
is less (1).
11.
Minimum distance between buildings shall not be less than the height
of the tallest of the two buildings.
Notes: (1) All required setbacks shall be increased a total
of five feet for each foot the building height exceeds 35 feet.
b.
Accessory Buildings. Accessory buildings shall be set back one foot
for each one foot of building height, but not less than 25 feet from
a property line, except where the yard abuts a residential zone, the
building shall meet all the setback requirements of a principal building.
Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
[Commercial Development Option added 1-10-2001 by Ord. No. 1880, amended 11-13-2002 by Ord. No. 1943, 6-30-2003 by Ord. No. 1959, rescinded 5-25-2005 by Ord. No. 2013]
[O-2 Regional Office - Research Zone adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746, 6-17-1998 by Ord. No. 1799, 11-4-1998 by Ord. No.
1814, 12-1-1999 by Ord. No. 1839, 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1875, 1-10-2001 by Ord. No. 1877, 1-10-2001 by Ord. No. 1881, 8-25-2004 by Ord. No. 1991, deleted 1-26-2005 by Ord. No. 2003]
[Added 8-21-1996 by Ord.
No. 1746]
The purpose of the SRI - Recreational Activities Zone is to
provide for compatible land use activities on these environmentally
sensitive parcels of land.
[Added 8-21-1996 by Ord.
No. 1746]
The permitted uses shall be designated as follows:
Activities included would be camping, marina use as permitted
by the N.J. State Department of Environmental Protection, water related
recreational activities such as swimming and fishing, and other recreational
activities which would normally be associated with this type of environment.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-21-2013 by Ord. No. 2196]
It shall be unlawful for any person to erect, replace or alter
any advertising sign or structure as defined in this chapter without
first obtaining a sign permit. After a sign permit has been obtained,
the copy, wording, color or pictures may be changed without the necessity
of obtaining a new permit or paying any additional fees, so long as
the new copy, wording, color or pictures comply with the provisions
of this section and any specific approvals by the Planning Board or
the Board of Adjustment, but no change shall be made in the size or
shape of a sign nor shall any structural alterations be made without
first obtaining a new sign permit. Where a use is a permitted use
in the C-4 Zone or a conditionally permitted use subject to the approval
of the Planning Board and the requirements of this section conflict
with those specifically listed in those section of this chapter, those
specific requirements shall govern.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-21-2013 by Ord. No. 2196]
a.
All principal buildings in all districts shall be clearly identified
as to house number or street number by means of a small unobstructed
sign clearly visible and legible from the main abutting street.
b.
Any signs not specifically permitted are hereby prohibited.
c.
Wall signs are not permitted. For the purposes of this section, a
wall sign is a sign fastened to or painted on the wall of a building
or structure in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign.
d.
No signs except window or special event signs shall be placed on
private property except for the purpose of identifying a use or uses
actually conducted upon the premises upon which such signs are erected
and for no other purpose.
e.
Sign Area Measurement. The area of a sign shall be computed as the
total square foot content of the background upon which the lettering
illustration or display is presented. If there is no background, the
sign area shall be computed as the product of the largest horizontal
width and the largest vertical height of lettering illustration or
total display. This shall not be construed to include the supporting
members of any sign which are used solely for such purpose. For signs
with two sides the maximum area requirement shall be permitted on
each side. Signs with more than two sides are prohibited.
f.
Sign Height Measurement. The largest vertical height of the background
upon which the lettering illustration or display is presented. If
there is no background, the height shall be the largest vertical height
of the lettering, illustration or total display. If the letters, illustrations
or displays are attached directly to the face of the building, the
height of the sign shall be the height of the largest letter illustration
or total display, whichever is greater. No sign of any type shall
be permitted to obstruct driving vision, traffic signals and signs,
or similar safety devices or other places of business.
g.
Illumination. All illuminated signs may be either internally or externally illuminated in accordance with the standards found in § 21-46A, Outdoor Lighting.
h.
Projecting. No facade or building mounted sign as permitted shall
extend or project at any point above or outside the limits of the
roof, the highest elevation of the wall to which it is attached, or
above the height of the principal building as defined in this chapter.
No signs shall be permitted on accessory buildings.
i.
Line of Sight. No sign shall be located in such a manner as to materially
impede the view of any street or intersection. Signs and sign structures
of all types shall be set back or elevated sufficiently to allow a
clear, unobstructed line of sight from points of ingress or egress
for at least 1,000 feet along all abutting streets and highways.
j.
Nonresidential Uses. Nonresidential uses shall be permitted a maximum
of two directional signs for each street frontage designated "entrance"
or "enter" and "exit". Such directional signs shall be no larger than
two square feet each; the top of the sign shall be no more than 30
inches from ground level; and the signs may be internally illuminated.
No external illumination shall be permitted. No business names, logos
or similar features may be displayed on the directional signs. Directional
signs shall have no setback requirements.
k.
Construction; Maintenance. Signs must be constructed of durable materials,
maintained in good condition and not allowed to become dilapidated.
l.
Stationary. Except as permitted in Subsection m below, all signs shall be stationary with no moving parts. Signs with a digital message which change more than once every 24 hours shall be considered as signs with moving parts and signs with a digital message that change no more than once every 24 hours shall not be considered to have moving parts. This timing restriction can be waived by the Township of Ocean Chief of Police when required for a public emergency.
[Amended 7-14-2016 by Ord. No. 2276]
m.
Residential. On a lot in a residential district, one sign shall be
permitted not to exceed two square feet in area. If illuminated, the
direct source of light shall be shielded in such a manner that it
is not visible from the street or any adjoining residential property,
unless originating from a porch light or lamp post light. In addition:
1.
A church, public or parochial school, or library may have a monument
sign of not more than 60 square feet. Up to 20 square feet of that
monument sign may be used as a bulletin board sign, provided that
the bulletin board sign is not internally illuminated. If not attached
to the building, all such freestanding signs shall be at least 15
feet from all property lines.
2.
Government buildings and services may have one monument sign of not
more than 60 square feet, including all supporting members.
Up to 32 square feet of that monument sign may be used as an
electronic message sign with a changing message that shall not change
more than once every eight seconds. If not attached to the building,
all such freestanding signs shall be at least 15 feet from all property
lines.
The Municipal Agency shall have the discretion to limit the
hours of operation of the electronic message sign and all other lighted
elements of the monument sign to the hours of 7:00 a.m. to 11:00 p.m.,
giving consideration to the impact of such lighted signage on adjacent
residential properties.
3.
A church, public or parochial school, or government buildings and
services may be permitted one facade sign per street frontage, provided
that the area of such facade sign does not exceed 10% of the area
of the facade on which the sign is located, up to a maximum of 85
square feet in area. Such signs may be backlit, or may be internally
illuminated subject to Planning Board approval if the applicant can
demonstrate that the illumination will not adversely impact adjacent
residential properties. Any such sign, whether internally lighted
or backlit, shall only be illuminated between the hours of 7:00 a.m.
and 11:00 p.m.
[Amended 6-16-2008 by Ord. No. 2103, 7-14-2016 by Ord. No. 2276]
n.
Removal. Removal of business signs shall be within 30 days of the
closing of such business at the expense of the owner of said property.
Real estate signs shall be removed within seven days after signing
the contract of sale, or the signing of a sale transaction, or the
execution of a lease. Signs announcing that the premises or portion
thereof have been sold, rented or leased may remain for 10 days after
above transaction.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-21-2013 by Ord. No. 2196]
Subdivision developments involving six or more residential lots
may contain signs advertising the sale of the dwelling contained therein
as approved by the Planning Board as follows:
a.
One non-illuminated sign no larger than 30 square feet is permitted
at each entrance of the development. In addition, customary non-illuminated
trade and professional signs no larger than four square feet are permitted
on the lots being developed.
b.
All signs permitted under this section shall be removed by the owner
within seven days after signing the contract of sale or signing of
a sale transaction or the execution of a lease of the last house in
the development.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 6-18-1992 by Ord. No. 1585, 2-14-2001 by Ord. No. 1883, 2-21-2013 by Ord. No. 2196]
In the foregoing commercial, office, and industrial zones, no
sign shall be permitted which is not accessory to the business conducted
on the property. Such sign may only be erected providing that it is
shown on an approved site plan and all of the requirements of this
chapter are met.
a.
Each individual lot in any commercial, office, or industrial zone
shall be permitted one free-standing sign, provided:
1.
The height of the sign structure, including the supporting members,
shall not exceed the height of the building plus 20%, but at no time
shall the height exceed 25 feet.
2.
The sign must be set back a minimum of 15 feet from the front street
right-of-way line but outside of any required sight triangle easement
area.
3.
The area of one side of the sign shall not exceed one square foot
for each linear foot the business building sits back from the front
street property line, provided that no sign shall exceed 100 square
feet in area.
4.
Said sign must be placed within a curbed area of no less than 20
square feet. This area shall be landscaped.
5.
Where a sign is located on the frontage of a site on Route 35, it
must be located on the "upstream" side of the entrance drive or drives
in order to facilitate safe traffic flow. Signs fronting on southbound
Route 35 shall be located north of the entrance drive or drives, and
signs located on northbound Route 35 must be located on the south
side of the entrance drive or drives.
6.
Corner lots shall be permitted to have one sign for each frontage,
but each sign may be no larger than 75% of the maximum total area
of a permitted single sign on the property.
b.
Except as noted in Subsection b.5 below, each business shall be permitted
one facade sign for each street frontage of the business, provided
that:
1.
The total sign area for the sign or signs, unless located on a canopy
or a projecting sign, permitted on the face of any wall shall not
exceed 10% of the area of the face of the wall upon which such sign
or signs are attached. In no case may the area of a sign exceed 150
square feet.
2.
No sign, unless located on a canopy or a projecting sign, shall extend
further than 15 inches from the face of the building upon which it
is attached, provided that where a sign extends more than three inches
from the face of said wall, the bottom of said sign shall not be closer
than 10 feet from the ground level below the sign.
3.
Projecting signs. Where signs project beyond a building facade or
wall over a pedestrian way, the lowest part of the sign shall be at
least eight feet above the walkway and no higher than 10 feet above
the walkway. Such a projecting sign would be allowed instead of a
flat wall mounted sign. The total permitted area of the projecting
sign may be up to six square feet.
4.
In addition to wall signs, each tenant sign in a shopping center
shall be allowed one pedestrian oriented tenant identification sign
in addition to an attached facade sign. The pedestrian oriented tenant
identification sign must be perpendicular to the building facade.
Such tenant sign shall be located at the front of the building and
at a minimum height of eight feet above the walkway and shall be placed
only on or under a canopy or sidewalk cover and shall not exceed six
square feet in area.
5.
Signs located on canopies, whether such canopies are permanent or
temporary, may extend more than 15 inches beyond the face of the building
upon which the canopy is attached provided that the canopy does not
extend more than five feet into the minimum required setback of the
zone and shall not create a hindrance to either pedestrian or vehicular
traffic. Such canopy sign shall not extend beyond the face of the
canopy upon which it is attached. Awning signs may contain only the
name of the business, logo and street number. Such messages shall
be restricted to the drop leaf (fringe) of the awning and occupying
an area no greater than 40% of the total drop leaf-area. The drop-leaf
of any awning used as an awning sign shall not exceed 10 inches in
height. No portion of an owning, other than the drop-leaf fringe may
be used as a sign. More than one such awning sign is permitted.
6.
Where multiple businesses within a building are serviced by one or
more common entrances, such as in an enclosed mall or office building,
only one facade sign shall be permitted per entrance.
7.
If there are more than one building on a site, the Planning Board,
pursuant to site plan review and approval, may permit signs on more
than one facade of a building, including those facades that lack a
public entrance, if the applicant demonstrates and the Board finds
that such additional signage promotes a community interest in facilitating
the identification of a building as seen by the public. When the Board
approves additional identification wall signs, not more than one identification
wall sign may be displayed on any one (building) facade.
c.
In addition to the above regulations, all signs permitted in the
residential zones are also permitted in the commercial, office and
industrial zones.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-21-2013 by Ord. No. 2196]
The following signs shall be permitted in the Transitional Office/Residential
Zone, provided that:
a.
No sign shall be permitted which is not related to the use on the
premises.
b.
One free-standing sign is permitted provided that:
c.
One facade sign shall be permitted on each building per street frontage
of the building provided that:
1.
The total sign area for the sign or signs permitted on the face of
any wall shall not exceed 5% of the area of the face of the wall upon
which such sign or signs are attached.
2.
No sign, unless located on a canopy, shall extend further than 15
inches from the face of the building upon which it is attached, provided
that where a sign extends more than three inches from the face of
said wall, the bottom of said sign shall not be closer than 10 feet
from the ground level below the sign.
3.
Signs located on canopies, whether such canopies are permanent or
temporary, may extend more than 15 inches beyond the face of the building
upon which the canopy is attached provided that the canopy is not
in violation of the setback provisions of the chapter. Such canopy
sign shall not extend beyond the face of the canopy upon which it
is attached.
4.
The maximum height of any single sign shall not exceed three feet,
and the maximum width shall not exceed 50% of the width of the wall
to which the sign is attached. In no case, may the area of a sign
exceed 50 square feet.
d.
Signs shall not be illuminated between the hours of 10:00 p.m. and
6:00 a.m.
e.
In addition to the above regulations, all signs permitted in the
residential zones are also permitted in Transitional Office/Residential
Zones.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746, 4-14-2008 by Ord. No. 2093, 11-9-2009 by Ord. No. 2140, 2-21-2013 by Ord. No. 2196]
a.
Any person or organization desiring to erect a temporary sign or
signs as set forth hereinafter shall apply for a sign permit from
the Township of Ocean for which there shall be a fee of $15. No temporary
signs of any type shall be erected in any State, County or Township
right-of-way.
b.
Temporary signs for special events may be erected by certain nonprofit
organizations subject to the following regulations:
1.
No sign shall be larger than four feet x eight feet.
2.
All signs shall have a professional appearance. A draft of the sign
shall be submitted to the Zoning Officer for approval to ensure a
professional appearance.
3.
A no fee permit shall be obtained from the Zoning Officer.
4.
No more than three signs shall be displayed and they shall be limited
to the following locations:
(a)
South west corner of Deal Road and Roller Road.
(b)
North west corner of West Park Avenue and the municipal pool
exit road.
(c)
East side of Monmouth Road, midway between Brown Place and Lake
Avenue.
(d)
North side of Deal Road opposite Logan Road.
(e)
East side of Wickapecko Drive opposite Bimble Boulevard.
Only one sign may be erected at any one time at any of the above
locations unless specifically approved by the Township Manager or
his designee. In addition to the option of erecting one sign at up
to three of the above locations, sign requests for usage of the public
message boards will be considered and signage will be permitted on
property owned by the nonprofit organization subject to the size and
time limitations set forth herein.
5.
Eligible nonprofit organizations must either be based in the Township
of Ocean or be conducting an event at a Township of Ocean public facility.
6.
Sign requests cannot be made earlier than 60 days prior to the scheduled
start date of the event, will be considered on a first come/first
serve basis, cannot be erected for longer than two weeks, and must
be removed within 48 hours after the conclusion of the two-week period.
c.
Temporary signs may be erected in any commercial, office or industrial
zone (C-4RSSF, C-2, C-3, C-4, O-1/20, O-1/40, O-1/80, I-1) as follows:
1.
Temporary signs announcing "sales" of merchandise sold on the premises,
are permitted for business establishments other than an automotive
gasoline station or automotive service station, in addition to approved
permanent signs. The total area of the sign or signs may not exceed
10% of the front wall area of the establishment and the sign(s) must
be removed within seven days after the "sale" is completed. No such
sign shall remain in place for a period exceeding 30 days. Only four
such "sales" shall be permitted in any calendar year.
2.
Temporary signs are permitted inside windows of commercial establishments not covering more than 25% of the total window area. Such temporary signs shall remain in place for a period of not greater than 21 days. Service organization posters shall be exempt from this provision. When temporary signs announcing "sales", as permitted in Subsection c1 above, are located within a window, they shall be included in the calculation of the maximum 25% of total window area permitted under this subsection.
3.
Free-standing signs for such purposes as special sale days. Such
signs shall not exceed 16 square feet in total area and shall be erected
for no longer than seven days. Said signs may only be erected upon
the property of the business holding such sale and no more than one
sign shall be permitted per event. No more than five permits may be
granted per year per applicant. Said signs shall be set back five
feet from front property lines and 15 feet from any side property
line.
4.
A temporary sign shall be permitted for grand openings in commercial
zones together with flags and banners for no more than 30 days. No
more than one sign per street frontage shall be allowed which shall
not exceed 16 square feet. Said signs shall be set back five feet
from front property lines and 15 feet from any side property line.
5.
Lighter than air balloon and inflatable signs shall be permitted
in all commercial zones. Said signs shall be anchored in accordance
with the Building Code at a location approved by the Township. They
shall be permitted for special sales, grand openings and special events.
They shall be permitted for no more than five times a year per property,
but never more than once a year for each business on any site. Such
signs may not be erected for more than seven days. They must be flown
higher than any structure on the property or adjacent property and
there must be a person in attendance at all times that the balloon
is flown. They may not have a surface area of more than 750 square
feet and they must not be illuminated, nor filled with a flammable
gas and no flags or streamers may be attached to same. A certificate
of insurance must be provided naming the Township of Ocean as an additional
insured in the minimum amounts of $300,000/$500,000. Heavier than
air balloons shall comply with the requirements of lighter than air
balloons except that: no certificate of insurance need be provided;
they shall be ground mounted; and the surface area shall not exceed
100 square feet.
6.
Banners which are primarily decorative in nature and not designed
to convey a sales message are permitted on light poles within an off-street
parking lot during the holiday sales season between November 15 and
January 15. Such banners shall be hung vertically pendant from the
light poles and shall not be fashioned to create horizontal spans
across the parking lot. A decorative banner shall not exceed 30 square
feet in area nor exceed three feet in width. Not more than two such
banners shall be hung from any one pole.
7.
Sidewalk signs may be erected in front of each business having its
own separate entrance onto a sidewalk at street level. Such signs
may be placed upon the sidewalk in front of the place of business
and solely during the hours said business is in operation, one sign
meeting all of the following restrictions:
(a)
The sign shall have a maximum width of 30 inches, maximum height
of 42 inches and maximum depth of 20 inches;
(b)
The sign shall be located no closer than 10 feet to the side
lease area or property line or building wall of a business (whichever
is less), however, in the case of a business or building having a
front wall of less than 20 feet, the sign shall be located as near
to the center of the structure as practicable. The sign shall be further
located within four feet of either the outside edge of the sidewalk
or the front of the building, provided further, however, that a sixty-inch
wide unobstructed path shall be maintained at all times on the sidewalk;
(c)
The sign shall be constructed of weather resistant materials
(no paper, fiberboard, foamcore board, corrugated paper or unfinished
wood materials shall be permitted), and shall be constructed and/or
weighted so as to be impervious to the effects of strong winds as
approved by the Zoning Officer or his designee. The sign shall be
maintained at all times in good repair and shall not be permitted
to weather, fade, peel, crack or otherwise deteriorate;
(d)
The sign is subject to the issuance of an annual permit which
may be renewed.
(e)
The Fire Marshal and/or Chief of Police shall have the right
to prohibit or further restrict the location of any sidewalk sign
which, in their sole discretion, they deem by virtue of the sign's
construction or location, to constitute a safety hazard to the public.
8.
Each shopping center shall be permitted to display one temporary
free-standing or "A" frame (sandwich board) sign under the control
of the property owner. The applicant desiring to display such a sign
shall obtain an annual temporary sign permit from the Zoning Officer.
The Zoning Officer shall issue a permit number and an expiration date
for the sign which the applicant shall clearly display on the sign
face; thereafter, the applicant shall notify the Zoning Officer of
the proposed location and duration of display of the temporary sign.
The permit may be renewed annually upon review by the Zoning Officer.
Not more than one annual permit shall be issued to a site. The maximum
area of the sign shall not exceed 20 square feet. In addition, the
sign must be located a minimum of 10 feet from any property line and
must be located on a sidewalk or within a curbed landscaped area.
If the sign is located on a sidewalk, a sixty-inch wide unobstructed
path shall be maintained at all times on the sidewalk.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-21-2013 by Ord. No. 2196]
a.
No sign of any type, temporary or permanent, shall be erected which
is of a form, character, or shape, so as to confuse or dangerously
detract the attention of the operator of a motor vehicle. A mannequin,
costumed individual, sign walker or animated device located at roadside
for the purpose of attracting attention shall be considered such a
sign and is expressly prohibited.
b.
Signs placed on trees, utility poles, light poles, signs attached
to other signs and signs placed upon motor vehicles which are continuously
or repeatedly parked in a conspicuous location to serve as a sign
shall be prohibited.
c.
Any series of two or more signs placed along a street or highway
carrying an advertising message, part of which is contained on each
sign shall be prohibited.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 4-21-1993 by Ord. No. 1629, 12-4-1996 by Ord. No. 1754, 9-28-2005 by Ord. No. 2031, 2-21-2013 by Ord. No. 2196]
The following signs shall be permitted only in accordance with
the following standards and shall not require a permit.
a.
Temporary election signs, not to exceed four feet by four feet, may
be erected in all zones. No more than one such sign per candidate
or issue shall be permitted on any single property. Such signs shall
not be installed sooner than one month prior to the election on the
same calendar day as the election. For example, if an election is
to be held on November 4, election signs may not be erected prior
to October 4. Such signs must be removed within five days following
said election by the candidate or organization erecting same at his
or its expense.
b.
A temporary non-illuminated sign advertising the sale or rental of
a premises or portion thereof shall be, if not attached to the building,
set back at least 10 feet from all street lines. Corner lots are permitted
to have up to two such signs, but each sign must be located on a different
street frontage. The maximum allowable area of such signs shall not
exceed the following:
1.
In all residential zones, the area shall not exceed five square feet.
2.
In all nonresidential zones where there is no frontage on either
Highway 35 or Highway 66, the area shall not exceed nine square feet.
3.
For all properties that have frontage on either Highway 35 or Highway
66, the area shall not exceed 12 square feet plus inserts of six inches
by 24 inches.
The maximum height of any such sign in any zone shall not exceed
six feet. These provisions shall further apply to all signs announcing
that the premises or portion thereof have been sold, rented or leased.
Such signs must be removed within a period of seven days after conclusion
of sale or rental transaction. The total number of signs shall not
exceed one such sign per lot in any residential zone, or one such
sign per business or vacant parcel in any other zone.
c.
A temporary non-illuminated job sign shall be permitted on residential
property. Such job sign shall provide information related to work
which is actively being engaged in on the property. Such signs shall
include, but not be limited to, building contractors, roofers, painters,
and landscapers. This shall not be construed to include signs for
work of a very limited duration or of a repetitive nature, for example,
lawn maintenance services or chimney cleaning services which shall
not be permitted. Job signs shall not exceed four square feet and
must be set back a minimum of 10 feet from any street line. The total
number of signs shall not exceed one such sign per lot. Such signs
must be removed immediately upon the completion of the work, but in
no case may the sign of any one contractor be displayed for more than
30 days in any calendar year.
d.
For all nonresidential property where one or more businesses or uses
occupy a single building, side and rear entrances may contain a sign
indicating the occupant of that space. Such signs shall be stenciled
or professionally lettered. Each individual letter shall be three
inches to five inches tall. No information other than the name of
the occupant may be included in the sign. Upon the change of the occupant,
the sign must be removed or relettered with the new name of the subs.
e.
(Reserved)
[Added 9-4-2014 by Ord.
2231, deleted 7-14-2016 by Ord. No. 2276]
[Adopted 1-8-1992 by Ord.
No. 1564]
Off-street parking, unloading and service requirements of this
section shall apply and govern in all zones within the municipality,
except if these regulations conflict for a conforming use in the C-4
Zone, the C-4 Zone requirements shall hold. Except as provided in
this section, no application for a building permit shall be approved
unless there is included with the plan for such building, improvement
or use, a site plan including the required parking and adhering to
the zoning requirements and design standards applicable to the subject
building, use or improvement. A Certificate of Occupancy shall no
be issued unless the required off-street parking, unloading, and service
facilities have been provided in accordance with those shown on the
approved plan.
[Adopted 1-8-1992 by Ord.
No. 1564]
No land shall be used or occupied, no structure shall be designed,
created, altered, used or occupied, and no use shall be operated unless
off-street parking and loading facilities are provided in at least
the amount and maintained in the manner required by this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
Each off-street parking, loading or service area shall be connected
to a public street right-of-way by means of a driveway constructed
in accordance with at least the minimum standards required by this
chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
No off-street parking space backing into an entrance or exit
drive shall be closer than 25 feet from the street right-of-way line.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Parking areas shall be divided into lots separated by appropriate
landscaping where possible.
b.
Driveways and internal roads shall be separated from parking areas
by curbed landscaped islands where possible. Curbed, landscaped islands,
a minimum of 10 feet in width, shall be located at the end of all
rows of parking, and no more than 20 consecutive parking spaces shall
be permitted in any row of parking without being defined by a ten-foot
wide landscaped island. All curbed islands shall be landscaped with
suitable trees, shrubs or ground cover.
c.
Parking spaces shall have a minimum area of 10 feet wide and 18 feet
long, exclusive of passageways and driveways appurtenant thereto and
giving access thereto, except that all parallel off-street parking
spaces shall have an area of 10 feet wide and 22 feet long. 60°
diagonal parking shall have a width of 10 feet and a depth of 21 feet
measured perpendicular to the center line of the drive aisle. 45°
diagonal parking shall have a width of 10 feet and a depth of 20 feet
measured perpendicular to the center line of the drive aisle.
Handicapped spaces shall be eight feet wide and 18 feet long.
Van accessible handicapped spaces shall have an adjacent access aisle
of eight feet wide. Other handicapped spaces shall have an adjacent
access of aisle of five feet wide. Two adjacent handicapped spaces
may share a common access aisle. All parking spaces have hairpin striping.
[Amended 8-21-1996 by Ord. No. 1746, 9-28-2005 by Ord. No. 2031]
d.
Parking lot aisle widths shall be as follows:
1.
90° parking: 24 feet.
2.
Parallel parking: One way aisle 15 feet.
Two way aisle 24 feet
3.
60° parking: 16 feet.
4.
45° parking: 13 feet.
5.
Drive aisles within parking lots which do not have parking directly
accessing them shall be a minimum width of 24 feet for two way traffic
flow and 13 feet for one way traffic flow.
[Adopted 1-8-1992 by Ord.
No. 1564]
Garage space or space within buildings, in basements or on the
roofs of buildings may be used to meet the off-street parking requirements
of this chapter, provided all requirements regarding this section
are met.
[Adopted 1-8-1992 by Ord.
No. 1564]
Off-street parking spaces for all uses shall be located on the
same lot as the main building to be served, except as otherwise specifically
permitted in this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
The off-street parking requirements for two or more neighboring
uses may be satisfied by the allocation of the required number of
spaces for each use in a common parking facility, provided that the
number of off-street parking space is not less than the sum of individual
requirements; and provided further, that there be compliance with
all other provisions of these regulations. This provision will only
apply with approval of the Municipal Agency.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 6-16-2008 by Ord. No. 2103]
Off-street parking facilities for one use shall not be considered
as providing the required facilities for any other use, except that
1/2 of the off-street parking space required by any use whose peak
attendance will be at night or on Sundays, such as houses of worship,
theaters, and assembly halls, may be assigned to a use which will
be closed at night or on Sundays. This provision will only apply with
approval of the Municipal Agency.
[Adopted 1-8-1992 by Ord.
No. 1564]
For the purpose of this section, the number of employees shall
be computed on the basis of the maximum number of persons to be employed
on any one shift taking into consideration day, night and seasonal
variations.
[Adopted 1-8-1992 by Ord.
No. 1564]
When units of measurements deterring the number of required
off-street parking and off-street loading spaces result in the requirement
of a fractional space, any fraction up to and including 1/2 shall
be disregarded. Any units over 1/2 will require an additional space.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-12-2002 by Ord. No. 1910]
a.
Residential Uses. No parking is permitted in either the required
front yard setback or in the actual front yard between the residence
and the street of any residential use within any zone except parking
may be permitted in the front yard of a single family residence if
parked on a driveway. In no instance shall the width of a driveway
within a required front yard exceed 20 feet.
b.
Commercial and Office Zones and Uses. In any C-1, C-2, C-3, C-4,
O-1/20, O-1/40 or O-1/80 Zone, parking for permitted uses shall be
permitted in the front yard providing that all necessary buffers are
adhered to, a minimum twenty-five-foot landscaped area is provided
along the front property line, and a minimum ten-foot landscaped area
provided along the side lot lines. Landscaping within these areas
shall be in conformance with the requirements of this chapter. Furthermore,
this requirement shall apply to any use, which is listed as a permitted
use in any of the above zones, which is located in any other zone
within the Township as a permitted use, a preexisting nonconforming
use, or is permitted by 'use' or 'd' variance.
c.
Industrial Uses. Only parking for visitors shall be permitted in
the front yard of industrial uses. Furthermore, this requirement shall
apply to any mixed office/industrial uses and mixed retail/industrial
uses whether permitted in a zone, a preexisting nonconforming use,
or permitted by 'use' or 'd' variance.
[Added 1-5-2000 by Ord.
No. 1844, amended 2-2-2000 by Ord. No. 1848, 1-10-2001 by Ord. No. 1876, 2-14-2001 by Ord. No. 1883]
a.
All properties, except single family residences and properties in
the I-1 Zone, shall be limited to one curb cut each. Curb cuts shall
be located as close to the center of the lot frontage as is practicable,
but in no case may they be closer than 1/3 of the actual lot frontage
to any side property line. In the case of a corner lot, except single
family residences, in order to prevent undue traffic on local streets,
the permitted curb cut shall be located n the street of higher classification
in the Township Master Plan. Properties in the I-1 Zone shall be permitted
up to two curb cuts, located no closer than 10 feet to the side property
line.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 9-18-1996 by Ord. No. 1748, 1-5-2000 by Ord. No. 1844, 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881]
b.
In the case of a corner lot, except for any lot in a residential
zone, in order to promote the free flow of traffic at major intersections
within the Township, the permitted curb cut shall be located on the
street of higher classification in the Township Master Plan.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 1-5-2000 by Ord. No. 1844]
c.
In residential zones, corner lots on collector, major, or arterial
streets shall have driveway access only to the street of lesser traffic
classification. Such driveway shall be a minimum of 50 feet or two-thirds
of the lot frontage, whichever is less, from the corner of the parcel
at the intersection of the streets.
For single family residences, curb cuts shall be located a minimum
of five feet from an adjacent property line."
[Adopted 1-8-1992 by Ord.
No. 1564]
In any single family residential zone, paving for parking, loading
or access thereto (unless otherwise restricted) except for entrance
or exit drives crossing front property lines shall not be permitted
within five feet of any property line.
[Adopted 1-8-1992 by Ord.
No. 1564]
No required off-street parking or loading area shall be used
for the storage, sale, repair, dismantling or servicing of any vehicle,
equipment, materials or supplies.
[Adopted 1-8-1992 by Ord.
No. 1564]
Nothing in this chapter is intended to prohibit the sharing
of access by adjacent uses.
[Adopted 1-8-1992 by Ord.
No. 1564]
Off-street parking spaces for the parking of passenger vehicles
of occupants, employees and patrons of main buildings and structures
hereafter erected or enlarged shall be provided and kept available
in amounts not less than specified in this section.
a.
Residential Uses. The minimum required number of parking spaces to
be provided in connection with residential uses in any given zone
shall be in accordance with the following regulations:
1.
Single-family dwelling 2 spaces for each unit.
2.
Apartments 1.75 spaces for each unit.
3.
Townhouses 2.25 spaces per unit.*
4.
Senior citizen housing 1.5 spaces per unit.
5.
Senior Independent Living Facilities: 1.25 spaces per unit with reservation
of lands for up 1.6 spaces per unit.
[Added 11-3-1999 by Ord.
No. 1837, amended 8-9-2000 by Ord. No. 1862]
6.
Affordable Apartment Flats: 1.5 parking spaces per unit.
[Added 10-15-2015 by Ord.
No. 2249]
|
Notes:
|
|---|
|
*For Townhouse Units: if garages are provided they must be inside
or attached to the townhouse unit and each garage space shall be deemed
to meet one of the required off-street parking spaces provided that:
|
(a)
Each space shall have a minimum area of 240 square feet;
(b)
Any driveway space which obstructs access to or from the garage
space shall not be counted as all or part of any parking space for
the purpose of meeting the parking space per unit requirement;
(c)
No garage shall be converted to living space without approval
of a site plan by the Municipal Agency.
b.
Nonresidential Uses. The minimum required number of parking spaces
to be provided in connection with nonresidential uses in any given
zone shall be in accordance with the following regulations:
1.
Auditorium, movie theater, or other place of public assembly (including
public, parochial, adult parochial and private schools): one parking
space for each three fixed seats or 72 inches of bleachers for auditoriums
or similar gathering spaces, at capacity; or one parking space for
each 100 square feet of gross floor area in cases where the capacity
is not determined by the number of fixed seats.
For any movie theater located within a shopping center of 15
acres of greater, the total square footage of the movie theater shall
be utilized to determine the parking requirement; and one parking
space shall be provided per 200 square feet of building area.
[Amended 6-18-1992 by Ord. No. 1588, 9-18-1996 by Ord. No. 1748, 10-13-2016 by Ord. No. 2279]
2.
Clubs: one parking space for each 100 square feet of gross floor
area.
3.
Home professional office: four spaces including the two required
spaces for the residential use.
4.
Hotel/motel: one parking space per room plus one parking space per
employee on maximum shift plus one parking space per 200 square feet
of gross floor area of meeting rooms, restaurants and cocktail lounges.
5.
Manufacturing, research, industrial, wholesale, laboratory, or distribution
facility: one parking space for each 200 square feet of office space;
plus one space for each 500 square feet of gross remaining floor area
for laboratory manufacturing or shipping and handling plus uses, plus
one space for each 1,000 square feet for uses devoted strictly to
storage or warehousing of goods.
[Amended 4-17-1996 by Ord. No. 1726]
6.
Mortuary: One parking space for each 25 square feet of floor area
devoted to assembly rooms for services.
7.
Office, office building, office-research building (not including
medical and dental): One parking space for each 200 square feet of
gross floor area.
8.
Offices (medical and dental): One parking space for each 150 square
feet of gross floor area.
9.
Retail home furnishing (furniture) stores - not including home appliance
stores: One parking space for each 500 square feet of gross floor
area.
10.
Restaurant, restaurant with entertainment or tavern: One parking
space for each 150 square feet of gross floor area.
[Amended 3-10-2016 by Ord. No. 2262]
11.
Restaurant (drive-in/fast food): one parking space per three
seats.
12.
Retail store, personal service or custom shop: One parking space
for each 200 square feet of gross floor area.
[Amended 8-13-2014 by Ord. No. 2228]
13.
Automotive gasoline and service stations: Four parking spaces
for each repair bay plus one space for each employee on maximum shift.
Automotive gasoline station/C-Store: one parking space for each 250
square feet of floor area.
[Amended 9-3-1997 by Ord.
No. 1779]
14.
Banks: one parking space for each 150 square feet of gross floor
area.
15.
Police and fire stations and post offices: one space for each
250 square feet of gross floor area.
16.
Churches and synagogues: one space for each two seats whether
fixed on not fixed, or one for each 54 inches of benches or one parking
space for each 50 square feet of gross floor area for assembly and
meeting rooms, whichever is greater.
[Amended 6-16-2008 by Ord. No. 2103; 10-8-2020 by Ord. No. 2342]
17.
Other uses not specifically listed: the same requirement as
for the most similar listed use as determined by the Zoning Officer.
18.
Mixed uses: the total requirement shall be the sum of the requirements
of the component uses, as listed above, computed separately except
that where more than five separate uses occupy to 20% provided that:
(a)
A shared parking analysis indicates that such a reduction in
parking area is appropriate, and;
(b)
An area on the site is reserved for future parking which is
to be installed at some future date if the Zoning Officer determines
that such additional parking is necessary. Any such area reserved
for future parking shall not be considered landscaped area for the
purpose of determining required percentage landscaped area of a site.
(c)
At no time shall any first floor portion of any building be
allowed to remain vacant because all available parking has been assigned
to other portions of the building.
[Added 8-21-1996 by Ord.
No. 1746, amended 9-18-1996 by Ord. No. 1748]
19.
Shopping center: one space per 200 square feet of floor area.
20.
Recreational establishments including community recreation centers:
one parking space for each 200 square feet of gross floor area.
[Added 9-18-1996 by Ord.
No. 1748]
21.
Taxi and/or package delivery service: one parking space plus
one space for each vehicle in the service's feet.
[Added 7-29-1998 by Ord.
No. 1809]
22.
Automotive detailing: one space per 200 square feet of floor
area.
[Added 8-25-2004 by Ord.
No. 1991]
23.
Career counseling services and activities: one space per 200
square feet of floor area.
[Added 8-25-2004 by Ord.
No. 1991]
24.
Wellness Center: one space per 150 square feet of floor area.
[Added 10-15-2015 by Ord.
No. 2249]
25.
Self Storage and Self Storage, Climate Controlled - 1 parking
space per 50 units.
[Added 10-14-2021 by Ord. No. 2365]
[Adopted 1-8-1992 by Ord.
No. 1564]
On the same premises with every retail commercial or industrial
building, there shall be provided and maintained on the lot adequate
space for off-street loading and unloading services in order to avoid
interference with public use of the streets, sidewalks, parking areas,
and public rights-of-way. These requirements shall not apply to the
C-4 Zone.
[Adopted 1-8-1992 by Ord. No. 1564]
Loading and unloading shall be provided according to the following
schedule:
|
Gross Floor Area in Square Feet
|
Spaces Required
|
|---|---|
|
0 - 25,000
|
1
|
|
25,001 - 50,000
|
2
|
|
50,001 - 75,000
|
3
|
|
75,001 - 100,000
|
4
|
|
Each additional 50,000
|
1 additional
|
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746]
Loading and unloading areas shall be permitted only in the rear
yard except for properties in the Industrial Zone where loading and
unloading shall be permitted in the side or rear yards.
[Added 4-11-2011 by Ord.
No. 2169]
The purpose of this chapter is to regulate outdoor lighting
in a manner which encourages the conservation of energy, improves
or maintains the nighttime visual environment, prevents and/or eliminates
misdirected or excessive artificial light, light trespass and/or unnecessary
sky glow and protects the health, safety, security and welfare of
Township residents and the general public.
[Added 4-11-2011 by Ord.
No. 2169]
The regulations and standards contained in this chapter apply
to (1) outdoor lighting upon any property for which site plan review
and approval is required; (2) the alteration to and/or the changing
of outdoor lighting upon any property not occupied by exactly one
single-family, detached dwelling; and (3) the replacement of any outdoor
light fixture made subsequent to the adoption of this chapter. Outdoor
lighting shall be considered an accessory use within the Township.
[Added 4-11-2011 by Ord.
No. 2169]
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect other provisions of this chapter, and to this end, the
provisions of this chapter are declared to be severable.
[Added 4-11-2011 by Ord.
No. 2169]
The following words and terms, when used within this chapter,
shall have the following meanings:
Shall mean a man-made thing or object from which light originates
(ex: an electrically-powered lamp).
Shall mean the "SI" unit of luminous intensity, one candela
describes a luminous intensity of one lumen per steradian.
Shall mean an IESNA classification describing a luminaire
that emits at least 97.5% of its light output below vertical angles
of 90° from nadir at the lowest light-emitting point of its light
source and not more than 10% of its light output above angles greater
than 80° from nadir at the lowest point of its light source.
Shall mean real property which has been altered from its
natural state by the lawful addition of improvements such as buildings,
structures, impervious area, etc.
Shall mean a light fixture aimed no higher than 60° above
nadir from the lowest light-emitting point of its light source.
Shall mean the ability to do work.
Shall mean a sign any face of which is illuminated by one
or more artificial light sources located between the reader and the
sign face and directed toward the sign face.
Shall mean an unshielded artificial light source or lamp
designed to produce relatively uniform illumination across a broad
area.
Shall mean a unit of measurement of illuminance; one footcandle
equals one lumen per square foot of area).
Shall mean an IESNA classification describing a luminaire
that emits 0% of its light output above angles greater than 90°
from nadir at the lowest light-emitting point of its light source
and not more than 10% of its light output above angles greater than
80° from nadir at the lowest point of its light source.
Shall mean a luminaire that emits no direct uplight (i.e.,
100% of its light output is below a vertical angle of 90° from
nadir at the lowest light-emitting point of the light source).
Shall mean illuminance within the visual field of a human
eye which is sufficiently greater than the intensity of illuminance
to which the eye is adapted that it causes annoyance, discomfort,
reduced vision and/or momentary blindness.
Shall mean the measure, in footcandles, of the total amount
of visible light incident upon (i.e. illuminating) a point within
a horizontal surface taken through the sensor of a light meter held
horizontally upon the point. Within this Ordinance, standards for
"horizontal illuminance" levels shall be interpreted as "horizontal
illuminance measured at ground level" unless specifically stated otherwise.
Shall mean abbreviation for "Illuminating Engineering Society
of North America" (also known as "IES") which has a membership consisting
of architects, engineers, designers, educators, students, contractors,
manufacturers, and scientists and which provides technical guidelines,
standards, professional journals, and educational training forums
related to the practice of lighting.
Shall mean the total amount (density) of visible light incident
upon (i.e. illuminating) a point of a surface from all directions
above the surface measured in footcandles (note: the "surface" may
be a part, or all, of a physical object or an imaginary plane).
(see "Lighting")
Shall mean the light output of a lamp, in lumens, after 100
hours of seasoning.
(see "Luminous intensity").
Shall mean a sign any face of which is opaque and illuminated
by one or more artificial light sources enclosed entirely within the
sign cabinet and not directly visible from any point outside of the
sign cabinet.
Shall mean the modern form of the metric system.
Shall mean a radiant light source; the replaceable, electrically-powered
light source of a light fixture.
(see "Visible Light").
Shall mean an electrically powered lighting device consisting
of a lamp, a lamp holder, an electrical ballast (if necessary), and
the means for connecting the device to an electrical power source.
(see "Initial light output").
Shall mean a thing or object from which light originates
(note: an object that reflects light originating from a different
object is not a light source).
Shall mean light projected onto a property from an artificial
light source not located upon that property.
Shall mean light spillage not compliant with the requirements
of this chapter.
Shall mean the celiberate utilization of one or more artificial
light sources to achieve an aesthetic or intended effect.
(see "Power").
Shall mean a unit of measurement of luminous flux (i.e.,
of the total amount of light emitted in all directions per unit time)
within the International System of Units.
Shall mean a self-contained lighting system component containing
a light fixture and, as necessary, an outer shell or housing, a mirror
or reflector, an aperture, a lens or refractor and a mounting bracket
or pole socket; within this chapter, the term "luminaire" shall refer
to outdoor lighting luminaires unless otherwise stated.
Shall mean the perceived rate of flow of light from a lamp
or light source; measurements of luminous flux reflect the variability
in sensitivities of the human eye to different wavelengths of light.
Shall mean the total luminous flux within a given solid angle,
in units of candelas, or lumens per steradian.
Shall mean the distance, measured along the nadir, between
the lowest light-emitting point of the light source within a luminaire
or light fixture and the ground surface below.
Shall mean the nadir at a particular point is the local vertically
downward direction from that point (i.e., the nadir at a point is
directed from that point along the line of force of the earth's gravity).
Shall mean the lighting of areas exterior to the walls of
enclosed buildings and/or within structures having open or partially
open walls such as canopies, porte cocheres, pavilions, gazebos, etc.
Shall mean the rate at which energy is utilized used by a
device to produce useful work (also called input power or active power);
in lighting, it is the system input power (in watts) for a lamp/ballast
combination.
Shall mean a tract of land depicted upon the Municipal Tax
Map as one or more lots and which is assessed as a single tax parcel
by the Municipal Tax Assessor.
Shall mean aimable light fixture designed for outdoor use
containing an artificial light source having a power rating in excess
of 500 watts and reflectors designed to produce a narrowly conical,
high intensity light beam visible for a relatively long distance but
generally unsuitable for illumination of streets, driveways, parking
fields, pedestrian paths, flags, architectural features, site improvements,
etc.
(See "Shielded light source).
Shall mean a light source which is positioned and/or equipped
with light shielding devices so that it is not directly visible to
any person distant 10 feet or more from the light source, or from
any point upon or outside of the property boundary.
Shall mean the blocking of an electromagnetic field with
a metallic substance in a manner that reduces electromagnetic waves
radiated; electronic components, wires, lamps, and similar devices
can all be shielded.
Shall mean a conical volume of space defined by a point (the
vertex of the solid angle), a sphere centered upon the vertex point,
an area segment upon the surface of the sphere and the collection
of rays which begin at the center point of the sphere and which pass
through the points of the perimeter of the area segment upon the surface
of the sphere.
Shall mean an unshielded artificial light source or lamp
designed to produce a narrow, well-directed beam of light upon a small
area.
Shall mean a unit of measure of a solid angle the value of
which can be determined by placing a sphere so that its center point
is upon the vertex of the solid angle and dividing the area measure
of the surface area segment of the sphere which subtends the angle
by the square of the radius of the sphere (note that this quantity
is not dependent upon the shape of the subtending area segment but
only upon the measure of the segment area).
Temporary lighting is outdoor lighting which does not conform
to the provisions of this chapter and which will not be used for longer
than a period of 30 consecutive days; temporary lighting is intended
for uses which, by their nature, are of limited duration such as holiday
decorations, civic events, or construction projects; (note: applications
for Temporary Lighting Permits shall be reviewed and permitted on
a case-by-case basis).
Shall mean real property which is not developed property.
Shall mean a term utilized to describe the variation of illuminance
upon a given plane where variation is expressed as either the numerical
ration of the minimum level of illuminance to the maximum level of
illuminance or the numerical ratio of the minimum level of illuminance
to the average (i.e., arithmetic mean) level of illuminance.
Shall mean the measure, in footcandles, of the total amount
of visible light incident upon (i.e. illuminating) a point of a vertical
surface taken through the sensor of a light meter held vertically
at the point.
Shall mean electromagnetic radiation which is detectable
by a typical human eye.
[Added 4-11-2011 by Ord.
No. 2169]
The following are prohibited as, or as the result of, outdoor
lighting:
a.
The installation of outdoor lighting improvements upon, and/or the
illumination of, vacant or undeveloped property unless the installation
has obtained all required construction permits and is being accomplished
in accordance with an approved site plan and/or the requirements of
this chapter.
b.
Temporary lighting except as permitted by Special Lighting Permit.
c.
Lighting not specifically permitted by this chapter.
d.
Luminaires having drop-type or sagging lenses.
e.
Spotlights utilized as a means of outdoor lighting at times other
than during periods of emergency or power outage.
f.
Architectural luminaries not equipped with full cut-off optics.
g.
Exposed strip lighting used to illuminate building facades or outline
buildings.
h.
Neon tubing except as allowed as a means of illumination for signage.
i.
Any light that may be confused with, or construed as, a traffic control
device.
j.
Laser, flashing, pulsing, and/or rotating lights and/or light sources
except when utilized within emergency or traffic control lighting.
k.
Searchlights except as permitted by Special Lighting Permit.
l.
Tower lighting unless required by the Federal Aviation Administration.
m.
Glare.
n.
Light trespass.
[Added 4-11-2011 by Ord.
No. 2169]
No person shall install any new, or replacement, outdoor lighting
that fails to meet the requirements of this chapter.
a.
White Light Source Required. White light sources including, without
limitation, metal halide, fluorescent, or induction lamps, but excluding
incandescent and halogen lamps, shall be required for any outdoor
light fixture having a lamp output exceeding 2,400 initial lumens
and which illuminates a driveway, parking lot, circulation drive,
pedestrian area, architectural or landscape feature, flag, or other
outdoor object.
b.
Use of High Pressure Sodium Lamps. Full cutoff luminaires having
high pressure sodium lamps with initial lamp outputs not exceeding
16,000 lumens, may be utilized to illuminate outdoor storage and/or
similar use areas which areas are not accessible to the general public
and for which the need for good color rendition is not essential to
the safety and security of the area(s).
c.
General Requirements.
1.
All outdoor parking areas, driveways, pedestrian ways and walks,
entrances and yard areas shall be illuminated using full cut-off luminaires
except if/as otherwise permitted herein.
2.
Outdoor light poles and/or luminaires upon properties other than
those zoned for or containing exactly one single-family dwelling shall
be no closer than seven feet to side and rear lot lines and no closer
than 22 feet to a front lot line except that in no case shall a light
pole and/or luminaire be located within 25 feet of a residentially-zoned
or residentially-used property.
3.
Outdoor lighting in all nonresidential land use zones shall be directed
toward, and confined to, ground areas of walks, driveways, parking
lots and lawns. Illuminance levels of light spillage shall not exceed
0.25 footcandles at any property boundary line except that light spillage
upon any residentially-zoned or residentially-used property shall
not exceed 0.06 footcandles.
4.
Parking lot illuminance levels on all nonresidentially developed
properties containing four or more parking lot luminaries must be
reduced by at least 50% of full operational levels within 30 minutes
after the close of business provided, however, that a minimum level
of horizontal illuminance of 0.20 fc shall be maintained within such
parking areas at all times.
5.
Maximum allowable mounting heights for outdoor light fixtures shall
be as follows:
(a)
Sixteen feet when the light fixture is located upon a nonresidentially
used site which is either (a) adjacent to or directly across a street
from a property zoned for, or containing, exactly one single family
residence; or, (b) located within, or within 75 feet of, a single-family
residential land use zone;
(b)
Twenty-four feet when the light fixture is located upon a nonresidential site smaller than two acres in total area and which is not subject to Subsection c5(a) above and the light fixture or mounting pole is within 15 feet of a boundary line of the site;
(c)
Twenty-eight feet when the light fixture is located upon a nonresidential site which is not subject to Subsection c5(a) above and the light fixture or mounting pole is located farther than 15 feet from a boundary line of the site;
6.
Foundations and/or structural support of outdoor lighting installations
shall be stable for on-site soil conditions and anticipated wind and
ice loads. The upper portion of any light pole foundation which projects,
vertically, above finished grade shall be sized no larger than necessary
to adequately support the light pole assembly and accommodate its
mounting hardware, regardless of the design size of its subsurface
component(s).
Where a pole-mounted site light will be installed directly within
a parking field, or within three feet of the edge of a head-in parking
stall, its foundation shall be of reinforced concrete and shall extend,
vertically, a minimum of 36 inches above adjacent finished grade.
Mounting pole length shall be as required to elevate the mounted light
fixture(s) to design mounting height(s).
All permanently exposed concrete surfaces of light pole foundations
shall be finished with a rubbed finish as follows: (a) remove form;
(b) patch holes, depressions, voids, and honeycombs by chipping away
coarse or broken material until a dense uniform surface of concrete
exposing solid coarse aggregate is obtained, saturating surfaces of
deficient areas with water, filling with a stiff mortar and finishing
the surface of the mortar with a wooden float before initial set takes
place; (c) rub exposed concrete surfaces with a wetted wooden block
or a medium coarse carborundum stone, using a small amount of mortar
on its face (note: do not use the carborundum stone until the concrete
has hardened to the state where the sand grinds rather than ravels
or rolls); (d) continue rubbing until form marks, projections, and
irregularities have been removed, voids are filled, and a uniform
surface of paste produced by the rubbing has been obtained; (e) after
the paste has dried, obtain the final finish by rubbing with a fine
carborundum stone and water until the entire surface is of a smooth
texture and uniform color.
d.
Outdoor Lighting Types/Standards for Outdoor Illumination.
1.
Multifamily Residential Parking Areas (including circulation drives,
parking fields, pedestrian ways):
(a)
Minimum level of horizontal illuminance: 0.6 fc.
(b)
Maximum level of horizontal illuminance: 6.0 fc.
(c)
Minimum maintained average horizontal illuminance: 1.0 fc.
(d)
Maximum maintained average horizontal illuminance: 3.0 fc.
(e)
Average-to-minimum uniformity ratio <4.
(f)
Maximum-to-minimum uniformity ratio <10.
2.
Nonresidential Parking Areas (including circulation driveways, parking
fields, pedestrian ways):
(a)
Minimum level of horizontal illuminance: 0.6 fc.
(b)
Maximum level of horizontal illuminance: 10.0 fc.
(c)
Minimum maintained average horizontal illuminance: 1.5 fc.
(d)
Maximum maintained average horizontal illuminance: 3.5 fc.
(e)
Average-to-minimum uniformity ratio <5.
(f)
Maximum-to-minimum uniformity ratio <12.
3.
Merchandise Display/Sales Areas. These areas include outdoor areas
where active nighttime sales activity occurs and where accurate color
perception of merchandise by customers is required. To qualify as
a display/sales area, one of the following specific uses must occur
on the lot: automobile sales, boat sales, tractor sales, building
supply sales, gardening or nursery sales, assembly lots, swap meets.
(a)
Minimum level of horizontal illuminance: 2.0 fc.
(b)
Maximum level of horizontal illuminance: 30.0 fc.
(c)
Minimum maintained average horizontal illuminance: 10 fc.
(d)
Maximum maintained average horizontal illuminance: 20 fc.
(e)
Average-to-minimum uniformity ratio <4.
(f)
Maximum-to-minimum uniformity ratio <10.
4.
Canopy Lighting. All canopy light fixtures shall be recessed into
the lower surface of the canopy, shall be full cutoff types and shall
utilize flat lenses and/or diffusers that do not extend below the
plane of the lower horizontal canopy surface. No edge of the canopy
shall be considered to be light source shield.
(a)
Minimum level of horizontal illuminance: 5.0 fc.
(b)
Maximum level of horizontal illuminance: 35.0 fc.
(c)
Minimum maintained average horizontal illuminance: 10 fc.
(d)
Maximum maintained average horizontal illuminance: 20 fc.
(e)
Average-to-minimum uniformity ratio <4.
(f)
Maximum-to-minimum uniformity ratio <8.
5.
Architectural Luminaires. Historic, period, or pole-mounted decorative
light fixtures or luminaires may be used provided:
6.
Architectural Lighting of Building Facades.
(a)
Lighting may be used only to accentuate architectural or aesthetic
elements of a building facade, not to illuminate the entire exterior
facade of a building.
(b)
Upward aimed lighting shall not exceed 4,000 lumens per architectural
or aesthetic facade element, shall be aimed no higher than 135°
above nadir at the lowest light-emitting point of the light source,
shall utilize only shielded light sources and shall be mounted as
flush to the wall as is physically possible.
(c)
Lighting exceeding 4,000 mean lumens per architectural or aesthetic
facade element shall be aimed no higher than 45° above nadir at
the lowest light-emitting point of the light source, shall utilize
only shielded light sources, and shall be mounted as flush to the
wall as is physically possible.
7.
Illumination of the United States Flag. If displayed at night, the
flag of the United States must be properly illuminated. Proper illumination
means that the stars and stripes can be readily perceived from a reasonable
distance. Illumination of the flag of the United States shall meet
the following:
(a)
Only shielded light sources shall be utilized;
(b)
The horizontal distance(s) between upwardly aimed light fixtures
and the vertical plane of the flag shall not exceed 40% of the height
of the highest point of the flag nor shall it be less than 15% of
the height of the highest point of the flag unless it can be quantitatively
demonstrated that a closer mounting of the light fixture(s) results
in less sky illumination; and,
(c)
The collective (i.e., summed) initial light output(s) of light
source(s) dedicated solely to illumination of a United States Flag
shall not exceed 12,000 lumens within residential land use zones or
22,000 lumens within nonresidential land use zones.
8.
Outdoor Lighting Within Residential Areas. Within any municipal land
use zone permitting detached, single-family dwellings, a developed
residential property containing exactly one, detached, single-family
dwelling shall be permitted an area-dependent Total Outdoor Light
Output in accordance with the following:
Total Outdoor Light Output (lumens) = 1,750 lumens + 210 lumens
per 1,000 square feet of total property area where Total Outdoor Light
Output is the sum of the initial light outputs of all outdoor artificial
light sources upon the property, and,
(a)
Every lamp and/or radiant light source having an initial light
output of 1,750 lumens or greater must be shielded;
(b)
Within the Allowable Total Outdoor Light Output permitted upon
any property containing a detached, single-family residence, a maximum
total of 4,720 lumens of unshielded outdoor light output shall be
permitted provided no unshielded lamp or radiant light source is visible
from a bedroom window of another residence;
(c)
No permitted residential spotlight or floodlight shall be aimed
higher than 45° above nadir at the lowest light-emitting point
of the light source;
(d)
No lamp or radiant light source shall create glare as defined
in this chapter;
(e)
No lamp or radiant light source shall be operated or directed
so as to result in light trespass as defined in this chapter; and,
(f)
Allowable Total Outdoor Light Output shall not exceed 20,000
lumens.
9.
Illumination of Signage.
(a)
Light sources shall be used judiciously to illuminate signs
and shall be directed only upon the sign area that they are intended
to illuminate. Illuminated signs shall be designed, located, shielded,
and directed so as to prevent the glare or light tresspass from the
illumination. All exposed conduit, wire, junction boxes and/or other
hardware shall be concealed from public view.
(b)
Externally illuminated signs must be illuminated by downward-aimed
light fixtures. Light sources must be shielded. Illumination must,
to the maximum extent physically possible, be directed upon the sign
face area. The maximum allowed lighting power for an externally illuminated
sign is 3.0 watts per square foot of sign face area to be illuminated.
(c)
Internally illuminated signs are acceptable provided that, if
the sign is located adjacent to or across a street from a single family
land use zone or use, either (a) only the lettering and symbols on
the sign shall be illuminated; or, (b) if the entire cabinet interior
is illuminated, the background shall be a dark shade or color that
minimizes glare, with the foreground (letters and symbols) being of
a lighter or contrasting color. The maximum allowed lighting power
for internally illuminated signs is 12 watts per square foot of sign
face area to be illuminated. For double-faced signs, only the area
of a single face may be utilized to determine the allowed lighting
power except that for deep sign cabinets where the lamps are isolated
by an opaque divider so that they illuminate only one sign face, or
for irregularly shaped signs where the faces are not parallel and
the lamps are shielded by an opaque divider so that they illuminate
only one sigh face, the total area of all of sign faces may be utilized
to determine allowed lighting power.
[Added 4-11-2011 by Ord.
No. 2169]
A Site Lighting and Illumination Plan shall be submitted in
sufficient detail to evaluate its conformance with standards and requirements
of this chapter. The plan shall include the following:
a.
An accurate, scalable drawing of the site with all outdoor light
fixture locations clearly depicted and accurately dimensioned relative
to property boundaries, buildings, curblines walks, etc.
b.
Complete specifications for all light fixtures depicted upon the
plan including, for each fixture type, its manufacturer, model, shape,
dimensions, color(s), lamp type, wattage, rated initial light output
in lumens, reflector and lens types, illumination distribution pattern,
shielding, etc. (note: the plan shall depict or be accompanied by
manufacturer's catalogue information, brochures, drawings, etc., for
each fixture type specified).
c.
Mounting pole shape(s), material(s), height(s), color(s), finish(s)
and foundation details.
d.
Mounting heights, mounting detail(s), tilt angle(s), and orientation(s)
for all light fixtures.
e.
A photometric plan providing outdoor horizontal illumination levels,
in footcandles, upon the points of a 10 feet by 10 feet calculation
grid superposed upon pavement areas and pedestrian ways of the site
as well as upon site boundaries.
f.
A tabulation, or tabulations, demonstrating compliance of the plan with the "Standards for Outdoor Lighting, Subsection 21-46A.6d of this chapter where sites having physically and/or functionally disjoint areas shall require a separate tabulation for each such area; and, illumination levels upon lawn/landscape areas and/or upon, or outside of, the boundary of the project shall not be included in determinations of tabulated values.
g.
Any and all supplemental, or other, information necessary to demonstrate
adequacy of the design proposal as well as its compliance with the
requirements of this chapter including without limit product manufacturers
catalogue information and/or specifications, strength/stability analyses
of pole-mounted installations for anticipated wind and soil conditions,
etc.
[Adopted 1-8-1992 by Ord.
No. 1564]
The intention of these requirements is to enhance the aesthetic
and environmental appeal and character of buildings and sites being
developed within the municipality by insuring the compatibility of
uses, thereby maintaining the health, safety, and general welfare
of the community while preserving property values. In addition to
"enhancing aesthetic and environmental appeal", landscaping is also
located to mitigate adverse environmental impacts as well as to provide
true site amenities on a particular site; i.e., screening of winter
winds, blocking of afternoon summer sun. These considerations make
for a better place to live and work in, not only to look at.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Landscaping Required. All areas in a development not used for construction
of buildings, roads, accessways, parking or sidewalks shall be fully
landscaped in accordance with the regulations of this chapter.
b.
Minimum Landscaped Area Required. In all zones a minimum of 25% required
landscaped area shall be provided on every site. Required landscaped
area shall be calculated by subtracting any required buffers and undeveloped
wetlands or floodplains, which are not within the required buffer
areas, from the total lot area, and multiplying the remaining lot
area by 0.25. The Municipal Agency shall have the authority to determine
its distribution, but 30% of all required front yards shall be landscaped.
In calculating landscaped areas, the areas of plazas, open pedestrian
shopping malls, sitting areas, swimming pools, and ornamental pools
and fountains shall be included. Conventional sidewalks and similar
paved surfaces shall not be included.
c.
Minimum Landscaped Area Along Property Lines.
1.
A minimum twenty-five-foot wide landscaped area shall be provided
along all front property lines and public streets, except entrance
walks and access drives. The 25 feet shall be measured from the proposed
right-of-way line as designated in the Master Plan. This requirement
shall apply to all uses in all zones except:
(a)
Where a building is located closer than 25 feet to a front property
line. In such instances, all areas directly between the building and
the front property line must be landscaped, with the exception of
entrance walkways. The minimum twenty-five-foot landscaped area shall
be required for all other portions of the front yard except entrance
drives.
(b)
Where any building in a C-1 Zone is located closer than eight
feet to a front property line no landscaping is required between the
building and property line. The minimum twenty-five-foot landscaped
area shall be required for all other portions of the front yard except
entrance drives and walks.
2.
A minimum ten-foot wide landscaped area shall be provided along all
side and rear property lines, except for single family residences,
and furthermore except:
Where a building is located closer than 10 feet to a side or
rear property line. In such instances, all areas directly between
the building and the property line must be landscaped, with the exception
of entrance walkways. The minimum ten-foot landscaped area shall be
required for all other portions of the side and rear yard.
3.
Along all public streets, landscaping within 10 feet of the proposed
right-of-way line, or within 15 feet of the proposed curb, whichever
is more restrictive, shall consist of sod only. This requirement shall
not apply to any permitted use in a C-1 Zone nor to any single family
residence in any zone.
d.
Buffer Requirements.
[Amended 8-21-1996 by Ord. No. 1746]
1.
Where any Multifamily or Townhouse residential use abuts a single
family residential use, a minimum buffer area of 100 feet shall be
provided on the multifamily or townhouse site.
2.
Required buffer on residential "thru" lots. On any residential thru
lot, a minimum ten-foot wide buffer shall be required along the street
frontage at the architectural rear of the building if the street is
classified as other than a minor street in the Master Plan. The buffer
shall comply with the standards for a buffer as set forth in this
chapter.
3.
Abutting any Residential Zone. In all zones where commercial, office
or industrial zone lines abut a residential zone, a buffer shall be
established in the nonresidential zone as follows:
|
C-1
|
5 feet
|
|
C-2
|
50 feet
|
|
C-3
|
25 feet
|
|
C-4
|
100 feet
|
|
I-1
|
150 feet
|
|
O-1/20
|
5 feet
|
|
O-1/40
|
50 feet
|
|
O-1/80
|
100 feet
|
|
O-2
|
100 feet
|
|
Where any property in an R-3 Zone abuts a developed property
in an I-1 Zone or a street which defines the zone boundary of the
I-1 Zone, no new single family residence shall be permitted unless
a buffer is provided along the residential property line within the
R-3 Zone. Where such a buffer is required, the minimum buffer along
any street line or rear yard of a proposed residence shall be 40 feet
and the minimum buffer in any side yard shall be 30 feet. All required
setbacks of the principal buildings shall be measured from the nearest
point of the required buffer. Such buffers shall include a six-foot
high solid architectural fence in addition to the required buffer
planting. If located along a street line, the required six-foot high
fence shall be set back a minimum of 20 feet from the street line
and shall not be subject to the chapter height limitations regarding
a fence in a front yard. In the case of a major subdivision where
the property line abuts a street which serves as an I-1 Zone boundary,
the required buffer area shall remain continuous along the frontage
of the entire tract, and no street or driveway shall be constructed
which provides direct access to the existing street which serves as
the zone boundary. [Amended 2-19-1997 by Ord. No. 1764]
|
4.
In any residential zone, where any nonresidential use abuts an existing
single family residence or undeveloped residentially zoned property
which is not part of a previously approved and constructed residential
development, and where no buffer requirements are otherwise established
for that use, a minimum buffer of 50 feet shall be established.
[Amended 10-8-1997 by Ord. No. 1781]
5.
No Improvements can be made within a required buffer other than fencing,
berming, and planting in accordance with this chapter.
[Amended 10-8-1997 by Ord. No. 1781]
6.
Clearing or Grading Buffer Areas. Areas required for buffers shall
not be cleared or graded prior to development approval as outlined
in the Land Use Procedures portion of this chapter.
[Added 10-8-1997 by Ord.
No. 1781]
e.
Mulching Material. All planting beds shall be covered with a plastic
or similar material to prevent weed growth. Mulching material such
as wood chips or pine bark shall be placed on top of this material
to a depth of at least four inches. The use of stone or any other
artificial material in planting beds is specifically prohibited.
[Amended 8-21-1996 by Ord. No. 1746]
f.
Design. Landscape plans shall be required for all Site Plans and
shall only be prepared under the supervision of and signed by a Certified
Landscape Architect, except for single and two-family homes, where
no plan is required.
[Amended 8-21-1996 by Ord. No. 1746]
g.
Landscaping Within a Street Right-of-way. In all zones, no groundcover,
trees, shrubs, stone, or mulch shall be permitted within a street
right-of-way. Only sod shall be permitted within the right-of-way.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord.
No. 1564, amended 6-18-1992 by Ord. No. 1585]
The intention of these requirements is to provide standards
for the protection of the health, safety and aesthetic values of adjacent
property. All fences and walls over three feet in height shall require
a permit. The Municipal Agency shall have the authority to waive or
regulate fences at their discretion.
[Adopted 1-8-1992 by Ord.
No. 1564]
Within the required sight triangle at the intersection of two
or more streets no wall, fence, hedge or other structure shall be
erected to a height in excess of two and one-half feet above curb
level, nor any other obstruction to vision shall be permitted.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746, 9-18-1996 by Ord. No. 1748, 12-4-1996 by Ord. No. 1754]
Except as otherwise permitted in this chapter, on any lot in
any residential, commercial, or office district, the single or combined
height of any wall or fence shall not exceed four feet in the required
front yard nor more than six feet in the required side or rear yards.
In an industrial zone, the single or combined height of any wall or
fence shall not exceed four feet in the required front yard nor more
than eight feet in the required side or rear yards.
In any zone, the height of any hedge or the combined height
of any wall/hedge shall not exceed four feet in the required front
yard. The hedge height in any side or rear yard is not limited.
The combined height of a wall, fence or hedge shall be measured
from the base of the wall to the top of the fence or hedge if a wall,
fence, or hedge are located closer than 10 feet to each other in the
same required yard. Exceptions to this height restriction include:
a.
Tennis court fences shall have a maximum height of 12 feet provided
that they are located in a side or rear yard and provided that they
are located no closer than 10 feet to a property line.
b.
Swimming pool fences may have a maximum height of five feet in a
front yard provided that they are located a maximum of 15 feet from
the nearest point of the pool surface and are not located within any
sight triangle at any street intersection or driveway.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
No fence in a residential zone shall be erected of barbed wire, or
electrified or topped with metal spikes or constructed of any material
or in any manner which may be dangerous to persons or animals.
b.
No solid architectural fences or slatted chain link fences three
feet in height or greater shall be permitted around tennis courts
or within a front yard in any zone. A picket fence will be considered
a solid fence if the openings between the slats are less than the
width of the slats.
[Amended 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord.
No. 1564]
In any zone, walls or fences erected shall be maintained in
an aesthetically pleasing manner and any failure to do so shall be
subject to the construction official's order to repair or replace
the wall or fence in order to meet the requirements of this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 9-8-1996 by Ord. No. 1748, 1-7-2008 by Ord. No. 2083, 11-9-2009 by Ord. No. 2140]
There shall be a fence of a type approved by the construction
official not less than four feet high completely enclosing any below-ground
swimming pool, any above ground swimming pool four feet in height
or greater, and any other swimming pool of 100 square feet of surface
water area or more and which is less than four feet above the ground.
Each gate in a pool fence shall be self-closing and capable of being
locked when not in use.
[Adopted 1-8-1992 by Ord.
No. 1564]
The finished side of all fences shall be on the outside facing
away from the lot on which it is erected.
[Added 8-2-1995 by Ord.
No. 1707]
The restrictions provided for in this section shall not apply
to any premises owned by the Township, but any fence or wall or other
such structure erected by the Township of Ocean to protect and secure
Township owned property shall be subject to an informal review by
the Ocean Township Planning Board prior to the erection thereof.
[Adopted 1-8-1992 by Ord.
No. 1564]
As a condition to approval and as a condition to continuance
of any business or building, process, installation, production or
other use in any zone, the applicant shall supply evidence, satisfactory
to the construction official or to his designated representative,
that the proposed building, process, installation, production or other
use will conform fully with all of the applicable performance standards.
As evidence of compliance, the construction official may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
construction official may require that specific operation procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation shall determine that the use of such
specific types of machinery, equipment, devices, procedures or methods
are required in order to assure compliance with the applicable performance
standards.
[Adopted 1-8-1992 by Ord.
No. 1564]
No use shall be established, maintained or conducted that will
cause any of the following:
a.
Atmospheric Pollutants. Dissemination of toxic or noxious smoke,
fumes, gas, dust, odor or any other atmospheric pollutant into the
air to such a degree as to be detrimental to the health and welfare
of residents in the area, as determined by State, regional and local
requirements.
b.
Waste Material. Discharge of any waste material whatsoever on the
site or into any watercourse except in accordance with State, regional
and local requirements.
c.
Glare, Vibration and Noise. Dissemination of glare, vibration, and/or
noise beyond the immediate site on which such use is conducted and
in accordance with this chapter establishing noise performance and
vibration standards.
d.
Hazards. Hazard by reason of fires, explosion, radiation or similar
cause to property in the same or adjacent zones. Safeguards for the
health and safety of workers shall comply with all applicable regulations
and requirements of the State Department of Labor and Industry.
e.
Examination of Applications. All applications shall be examined by
the municipality in regard to the effect of the proposed use upon
the public health of the residents and the surrounding area in respect
to any potential pollution of air, ground water, or ground resulting
from the dissemination of smoke, chemicals, odors or dust from the
industrial processes of the proposed use. A written report indicating
the conformance with or violation of the performance standards shall
be submitted to the Construction Official.
[Adopted 1-8-1992 by Ord.
No. 1564]
No liquid wastes shall be discharged directly or indirectly
into any watercourse in the municipality, except as herein provided.
If the applicant proposes to construct facilities for the treatment
of waste, he shall supply the following:
[Adopted 1-8-1992 by Ord.
No. 1564]
No materials or waste 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, watercourse or underground aquifer be allowed to enter any
stream, watercourse or underground aquifer. All materials or wastes
which might cause fumes or dust or which constitute a fire or explosion
hazard, or which might be edible or otherwise attractive to rodents
or insects shall be stored indoors in appropriate containers adequate
to eliminate such hazards.
[Adopted 1-8-1992 by Ord.
No. 1564]
No industrial waste shall be discharged into the public sewage
collection and disposal system unless the Municipal Engineer and the
appropriate sewerage authority shall have first investigated the character
and volume of such waste and shall have certified in writing that
it will accept the discharge of such waste material into the system.
The applicant shall comply with any requirements of said authorities
including the pre-treating of such wastes, the installation of processing
methods, separation or screening of wastes, control of pH, and other
methods of improving such wastes prior to discharge, as a condition
to acceptance by the said authorities.
[Adopted 1-8-1992 by Ord.
No. 1564]
In order to satisfy itself that the applicant will comply with
all of the applicable performance standards, the Municipal Agency
or its designated representative may examine and refer to any or all
of the available standards, codes, regulations and requirements, including
but not necessarily limited to:
a.
Laws, regulations and codes administered by the New Jersey State
Department of Health.
b.
Laws, regulations and codes administered by the New Jersey Department
of Labor and Industry.
c.
State of New Jersey Uniform Building Code.
d.
Applicable standards of the United States Public Health Service.
e.
Applicable standards of the Bureau of Mines, United States Department
of the Interior.
f.
Laws, regulations and codes administered by the New Jersey Department
of Environmental Protection. If there is a conflict of the foregoing
with local codes, the more restrictive shall apply.
g.
Applicable property maintenance code or codes.
[Adopted 1-8-1992 by Ord.
No. 1564]
A conditional use is a permitted use only as specified by this
chapter and may be granted in accordance with the standards and specifications
of this section. No permit shall be issued for a conditional use unless
an application is submitted to and approved by the Planning Board.
It shall be submitted and distributed in the same manner as prescribed
for all applications in the Land Development Procedures portion of
this Land Development Ordinance.
[Adopted 1-8-1992 by Ord.
No. 1564; amended 1-26-2023 by Ord. No. 2407]
The following standards apply to conditional uses as permitted
in specific zones. Where conditional use standards of this section
conflict with standards of any other section of this chapter, the
conditional use standards shall govern. Where requirements of the
underlying zone are not specified as being required in the Conditional
Use standards, they shall be applicable to the proposed development,
but shall not be viewed as conditional use standards. Where the Conditional
Use standards specifically require that the standards of the underlying
zone apply, they shall be treated as Conditional Use standards.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 9-4-2014 by Ord. No. 2231]
Government buildings such as municipal buildings, parks, libraries,
fire and/or first aid buildings, and schools shall provide the Planning
Board with the following:
a.
A set of plans, specifications and plot plan and a statement setting
forth the need and purpose of the installation.
b.
Proof that the proposed installation in a specific location is necessary
and convenient for the efficiency of the proposed use or the satisfactory
and convenient provision of service to the neighborhood or area in
which the particular use is to be located; that the design of any
building in connection with such facility conforms to the general
character of the zone and will in no way adversely affect the safe
and comfortable enjoyment of property rights of the zone in which
is it located; that adequate and attractive fences and other safety
devises will be provided and that sufficient landscaping including
shrubs, trees and lawn are provided and will be periodically maintained.
c.
Where this conditionally permitted use subject to the approval of
the Planning Board and the requirements of any other section of this
chapter conflict with those listed in this section, the requirements
of this section shall govern.
d.
Maximum Permitted Building Heights: 45 feet.
[Added 7-14-2016 by Ord.
No. 2276]
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746, 6-18-1997 by Ord. No. 1773, 1-7-2008 by Ord. No. 2083, 6-16-2008 by Ord. No. 2103]
a.
All such uses shall comply with the following bulk standards:
|
Minimum lot area
|
2 acres
|
|
Minimum lot width
|
200 feet
|
|
Minimum lot depth
|
200 feet
|
|
Minimum front yard setback
|
25% of lot depth, but no more than 65 feet
|
|
Minimum side yard setback
|
50 feet
|
|
Minimum rear yard setback
|
20% of lot depth, but no more than 75 feet
|
|
Maximum lot coverage
|
30%
|
|
Maximum building height
|
2 stories above grade or 35 feet, whichever is less
|
b.
Where parking areas are adjacent to a residential zone, a twenty-five-foot
wide buffer strip shall be provided.
c.
A single accessory dwelling unit shall be permitted for the purpose of housing a caretaker or similar on-site maintenance or security personnel, or clergy. In the event such dwelling unit is provided, the minimum required lot area, as listed in Subsection 21-51.2a above, shall be increased by the minimum lot area required for a single family residential unit in the subject zone. In the event that the facility is located in a zone which does not permit single family residential uses, the minimum lot area shall be increased by 10,000 square feet. No other residential use is permitted.
[Added 12-4-1996 by Ord.
No. 1754]
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Drive-in or fast food establishments may be free-standing or part
of a larger shopping center. When part of a larger shopping center,
such establishment may be located on a portion of the lot which is
dedicated solely to the use. Such free-standing lot or portion of
a larger shopping center lot must meet all of the following requirements:
|
Minimum lot area: 40,000 square feet
|
|
Minimum lot width: 175 feet
|
|
Minimum lot depth: 200 feet
|
b.
There shall be no access to rest rooms from the exterior of the building.
c.
There shall be adequate trash receptacles outside the building for
use of patrons.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Minimum lot area: 40,000 square feet.
b.
Minimum lot width: 200 feet.
c.
Minimum lot depth: 175 feet.
d.
Minimum front yard setback: 75 feet.
e.
Minimum side yard setback: 25 feet.
f.
Minimum rear yard setback: 45 feet.
g.
Minimum gross floor area: 5,000 square feet.
h.
Maximum lot coverage: 27% of buildable lot area.
i.
Maximum floor area ration: 40%.
j.
Maximum building height: two stories above grade or 30 feet, whichever
is less.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564, amended 6-29-2000 by Ord. No. 1861]
a.
TBA stores, commonly known as tire, battery and accessory stores,
shall be permitted within any planned commercial development in a
C-4 Zone. A TBA store shall be similar to an automotive service station
except that the retail sales of gasoline shall not be permitted. TBA
stores shall be subject to the following conditions:
1.
Such stores shall be located in the same building as the principal
use with which it is associated.
2.
Such stores shall sell tires, batteries and automobile accessories
only, and may install the merchandise sold on the premises. Such stores
may also perform minor services such as oil changes, wheel alignment,
balancing, and brake lining replacement or similar minor services.
3.
No automobile body work nor major mechanical repairs may be performed
at any such facility.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
All overhead garage doors must face the rear yard so not to be visible
to the general public.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Such facility may be free-standing and located on a separate lot,
and shall consist of a building containing rooms for transient lodging
only, and also may provide personal services incidental thereto, including
meals and entertainment, and meeting rooms. No guest room shall contain
kitchen facilities of any sort.
b.
Each hotel/motel shall meet the minimum lot area, width, depth, lot
coverage, and floor area ratio requirements of the O-1/80 Zone. All
other requirements, including the setback requirements, of the C-4
Zone apply.
[Adopted 1-8-1992 by Ord.
No. 1564]
Public utility uses and installations, above and below ground,
such as transmission lines, water storage tanks, towers, pumping stations
and substations, shall provide the Planning Board with the following:
a.
A set of plans, specifications and plot plan and a statement setting
forth the need and purpose of the installation.
b.
Proof that the proposed installation in a specific location is necessary
and convenient for the efficiency of the public utility system or
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
c.
Proof that the design of any building in connection with such facility
conforms to the general character of the zone and will in no way adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located; that adequate and attractive fences and
other safety devices will be provided and that sufficient landscaping
including shrubs, trees, and lawn are provided and will be periodically
maintained.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
With the exception of the landscape plants, shrubs, and trees, all
materials shall be contained within a building, except that open storage
and sales areas may be maintained in a side or rear yard provided
that such open storage and sales areas are contiguous to the building
and are encircled by a fence of a design which is homogenous to the
adjacent building. Such materials shall be no closer than 10 feet
to any property line.
b.
A six-foot high solid fence shall be so designed as to screen all
materials and supplies, except plant materials, from public view.
c.
Plant materials may be displayed openly in any side or yard, but
not within 10 feet of any side or rear property line.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 9-3-1997 by Ord. No. 1779]
a.
Minimum lot area, lot frontage and lot coverage shall be as follows:
|
SCHEDULE
| |||
|---|---|---|---|
|
MINIMUM LOT SIZE
|
MINIMUM LOT FRONTAGE
|
MAXIMUM BUILDING COVERAGE
| |
|
Automotive Gasoline Station
|
30,000 square feet
|
150 feet
|
10% Buildings 30% Building & Canopy
|
|
Automotive Service Station
|
40,000 square feet
|
200 feet
|
10% Building 30% Building & Canopy
|
|
Automotive Gasoline Station/C-Store
|
65,000 square feet
|
300 feet
|
5% Building** 25% Building & Canopy
|
|
Notes: ** The maximum permitted building size for an automotive
gasoline station/C-store shall be 4,000 square feet, including offices,
rest rooms and storage
|
b.
No automotive gasoline stations, automotive service stations, or
automotive gasoline stations/C-store shall be located on a site which
has frontage on both Route 35 and either West Park Avenue, Deal Road
or Sunset Avenue. Automotive gasoline stations/C-stores shall be permitted
only on sites which have frontage on Route 35.
c.
Canopies. A cantilevered cover or canopy may be permitted to extend
into the front yard provided that the roof of the canopy is at least
25 feet from any front property line (in order to maintain the required
twenty-five-foot wide landscaped area along the front property line)
and maintains the required side and rear yard setbacks of the zone.
Any kiosk located beneath a canopy shall be located no closer than
50 feet from any front property line.
d.
Curb Cuts and Driveways.
1.
On a corner lot, a driveway shall be at least 25 feet from the street
intersection as measured along the property line.
2.
Driveways shall be no less than 25 feet and no more than 35 feet
wide. The driveway shall be flared or slanted at the curbline to facilitate
auto ingress and egress.
3.
Curb cuts shall be no less than 25 feet from any property line. Where
County or State standards apply, the stricter standard shall prevail.
4.
Any two driveways giving access to a single street shall be separated
by a curbed island of at least 20 feet.
5.
There shall not be more than two curb cuts providing access to any
one street.
e.
Signs.
1.
Free-Standing Signs.
(a)
Automotive gasoline stations, automotive service stations shall
be permitted one free-standing or one pylon sign. Such sign may advertise:
the name of the automotive station; the principal products sold on
the premises including any special company or brand names, insignia,
and emblem; and the price of gasoline. Such sign shall not exceed
50 square feet in area.
(b)
Automotive gasoline stations/C-stores shall be permitted additional sign area on the above free-standing sign. The total area of one side of such sign, including all information permitted in Subsection a above, shall not exceed one square foot for each linear foot the convenience store building sits back from the front street property line, provided that no sign shall exceed 100 square feet in area.
(c)
All signs shall comply with the chapter requirement for setback
from a property line and shall be not less than 10 nor more than 20
feet above the ground.
2.
Facade Sign. One facade sign shall be permitted for each street frontage
and shall not exceed 8% of the area of the facade on which it is located.
3.
Canopy Signs. Signs shall be permitted on up to two sides of a canopy,
for the purpose of advertising the name of the gasoline company only,
provided that the sign does not occupy more than 1/4 of the length
of the face of the canopy on which it is located and does not extend
above or below the face of the canopy.
4.
Other. Other signs is that may be required by State and Federal law
shall be allowed.
f.
Lighting. All lighting shall be so designed, arranged and installed
as to reflect all light down and away from adjoining properties and
streets and highways. No string of multiple lights shall be permitted.
Lighting under a canopy shall be recessed and directed downward.
g.
Pavement. All parking, access and driveway areas shall be paved with
a permanent surface such as macadam with proper drainage so as not
to affect adjacent property owners.
h.
Location of Pumps. All pump islands shall be a minimum of 25 feet
from any property line.
i.
The retail sale of food and other non-automotive related items, including
vending machines, is prohibited at automotive gasoline stations and
automotive service stations. The sale of such items is permitted at
automotive gasoline station/C-stores to the extent described in the
definition of automotive gasoline station/C-store in this chapter.
Outdoor display of products for sale or rental, including convenience
household, beverages and food items at "C-stores," shall not be permitted.
j.
Accessory Buildings and Uses.
1.
Accessory buildings shall not be permitted. All lifts, lubrication
equipment, service pits and automotive related goods for sale shall
be enclosed within the principal service station building.
2.
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises of an automotive gasoline or automotive service
station shall be prohibited.
3.
The storage of cars, trucks, trailers, boats or any other vehicle
not being serviced or repaired on the premises of an automotive gasoline
station or automotive service station shall be prohibited.
4.
Storage of any vehicle requiring body work, or which is inoperable
because of major repairs required, shall not be permitted.
5.
The storage of inoperable vehicles, classified as junk cars or those
not currently registered with the State of New Jersey shall not be
permitted.
k.
Trash and Garbage. A solid enclosed area shall be provided for the
temporary storage of trash, garbage, tires, and unusable automotive
parts. Except for tires, all trash shall be stored in tight containers.
The enclosed area shall be so designed that the trash shall not be
seen from a public street or from adjoining properties. Adequate trash
receptacles shall be provided adjacent to parking areas for "C-stores".
l.
Screening. The site shall be screened by a minimum six-foot high
solid evergreen planting or combination of solid evergreen planting
and fence on all sides except within the required front yard setback.
Such screening shall not extend into the required sight triangle for
any access drive.
m.
Special regulations for automotive gasoline station/C-stores. There
shall be no counters, tables or seating for the consumption of food
or beverage items either within the building or outside the building.
Drive-through windows shall not be permitted. The preparation of foods
on site which are not specifically permitted by the definition of
automotive gasoline station/C-store, shall not be permitted. The purpose
of these regulations is to promote the public safety by limiting those
situations where customers will eat prepared foods such as sandwiches,
hamburgers, hot dogs, pizza, soups and similar items while driving,
and by facilitating the function and safety of the site by limiting
the amount of time customer vehicles will remain on site at the gasoline
pump islands or in parking spaces.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 9-18-1996 by Ord. No. 1748, 4-14-2008 by Ord. No. 2093]
a.
Automotive sales and automotive sales and service (cars and vans
only), automotive sales and service (cars, vans, and trucks) and automotive
rentals and leasing uses shall maintain the following bulk requirements:
|
Automotive Sales Service
(cars and vans only)
|
Automotive Sales and Services
(cars, vans and trucks)
|
Automotive Rentals and Leasing
| ||
|---|---|---|---|---|
|
1.
|
Minimum lot area
|
2 acres
|
4.5 acres
|
1 acre
|
|
2.
|
Minimum lot width
|
200 feet
|
200 feet
|
200 feet
|
|
3.
|
Minimum lot depth
|
200 feet
|
200 feet
|
175 feet
|
|
4.
|
Minimum front yard setback
|
100 feet
|
100 feet
|
100 feet
|
|
5.
|
Minimum side yard setback
|
50 feet
|
50 feet
|
50 feet
|
|
6.
|
Minimum rear yard setback
|
45 feet
|
45 feet
|
45 feet
|
|
7.
|
Minimum gross floor area
|
5,000 square feet
|
5,000 square feet
|
2,000 square feet
|
|
8.
|
Maximum lot coverage
|
27% of buildable lot area
|
27% of buildable lot area
|
27% of buildable lot area
|
|
Maximum building height
|
2 stories above grade or 30 feet, whichever is less
|
2 stories above grade or 30 feet, whichever is less
|
2 stories above grade or 30 feet, whichever is less
|
b.
No used or rental cars shall be displayed in the required front yard.
c.
No signs, numbers, letters, or similar displays, whether painted
or otherwise, shall be permitted within the windows of any vehicles
on display.
d.
All vehicles shall be displayed at ground level. No raised platforms
of any sort shall be permitted for the purpose of displaying vehicles,
and no vehicles shall be raised off the ground in any manner for the
purpose of display. This requirement shall be retroactive and shall
apply to all automotive sales and services and automotive rentals
and leasing uses in the Township.
e.
On those lots of 4.5 acres in area or greater where truck sales (as defined in § 21-6, "Automotive sales and service") are permitted, no trucks shall be on display within the required front yard setback and no trucks shall be displayed on any portion of the lot with truck beds in a raised position.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Minimum lot area for a car wash shall be not less than one acre.
b.
Adequate off-street automobile stacking area which shall not be less
than 15 spaces per bay for a drive-through car wash, and two spaces
per bay for a self service car wash, shall be provided. Such stacking
system shall in no way hinder or impair normal traffic flow on adjoining
property or public right-of-way.
c.
In addition to the stacking area, one parking space per employee
on maximum shift shall be required.
[Adopted 1-8-1992 by Ord.
No. 1564]
Quasi-public uses such as clubs, social organizations, and other
public gathering places not publicly owned, not commercial in nature,
and not specifically listed in this section, shall adhere to the following:
[Adopted 1-8-1992 by Ord.
No. 1564]
These requirements shall not apply to similar uses in a C-4
Zone which are part of a planned commercial development.
a.
A twenty-foot wide fire access strip shall be established along all
side and rear property lines, inside any required buffer or landscaped
area, in addition to required buffers. Said strip shall be free of
obstructing structures, parking or loading areas. Access to the strip
shall be maintained from a public street and it shall be paved in
an aesthetic fashion and in a manner suitable to support emergency
vehicles.
b.
All materials shall be contained within a building except that open
storage and sales areas may be maintained in a side or rear yard provided
that such open storage and sales areas are contiguous to the building
and are encircled by a fence of a design which is homogeneous to the
adjacent building.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564]
The construction of new billboard signs shall not be permitted
in the Township of Ocean. The continued existence of billboard signs
which were lawfully in existence on the date of adoption of this chapter,
shall be permitted to continue provided they comply with the provisions
of N.J.S.A. 54:40-50 et seq. and further provided that:
a.
A billboard sign which has been destroyed by fire or other casualty
to an extent greater than 50%, or the relocation of which is required
by virtue of a condemnation by a government agency, or for which permission
to locate has lapsed or been revoked by a landowner, may be rebuilt
or relocated on the same property or other property subject to the
following:
1.
The rebuilt or relocated billboard sign or signs shall be no larger
than the original billboard sign or signs which are replaced nor shall
there be an increase in the number of signs.
2.
For the purposes of determining required setbacks, a billboard shall
be considered a principal building and shall maintain the required
setbacks for the principal building of the zone within which it is
located.
3.
Each rebuilt or relocated billboard sign shall be landscaped with
suitable plant materials so as to provide a pleasing visual environment
for the sign structure and surrounding area while permitting an unencumbered
view of the advertising message. In the event that the relocation
of any sign involves the removal of trees or other shrubbery, same
shall be permitted, but to the extent possible such trees and shrubbery
shall be relocated or replaced to minimize the loss of such vegetation
on the site.
4.
The relocation of billboard signs permitted under this subsection
shall only be permitted in the Highway Commercial (C-2), General Commercial
(C-3) and Regional Commercial (C-4) Zones in the Township.
5.
At the intersection of Route 66 and Route 18 no billboard sign may
be located within 660 feet of the Route 18 right-of-way. In all cases,
no billboard sign may be placed or oriented to seek attention from
drivers utilizing Route 18 in order to protect the noncommercial character
of Route 18.
6.
Any relocated billboard sign, in addition to complying with all building
line setback requirements, shall be located in such a way as to not
obstruct the vision of drivers or pedestrians at intersections of
streets or highways with other street or highways or driveways, access
ways, alleys or pedestrian crosswalks.
7.
A relocated billboard may not exceed the following dimensions depending
upon its size prior to relocation:
8.
No more than 12 feet x 50 feet of billboard advertising space may
exist facing any one direction. There shall be at least 500 feet between
any two such advertising locations.
9.
Construction of any rebuilt or relocated billboard must be completed
within two years after the removal or destruction of the billboard
it replaces. If this time period lapses the right to a billboard site
is lost by the owner.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
The site shall be located with frontage on Monmouth Road, in the
portion of the Monmouth Road Corridor between West Park Avenue and
Roosevelt Avenue.
b.
Minimum lot area: 10,000 square feet.
c.
Minimum lot width: 100 feet.
d.
A maximum of 600 square feet of office space is permitted.
e.
No more than one nonresident employee is permitted on the premises
at any one time.
f.
Off-street parking is to be provided in a manner consistent with
a residential use, except that no parking shall be permitted in a
front yard. Parking area striping shall not be permitted.
Parking areas may be curbed with curbs a maximum height of three
inches above the paved surface. Formally designed parking areas shall
not be required, however all parking areas and drive areas shall be
designed to permit automobiles to turn around on a site in order to
prevent backing out onto Monmouth Road.
g.
Minimum buffers of 25 feet are required along any rear yard and 10
feet along any side yard.
h.
A home/office permit from the Township shall be required and shall
be renewed annually. Such permit shall require an annual inspection
of the premises in order to determine that the use is compliance with
the provisions of this chapter. The annual fee for the home/office
permit shall be $50.
i.
One free-standing identification sign shall be permitted, provided
that the sign: be no closer than 10 feet to any property line; not
be illuminated; be hung from a cantilevered post; be made of wood;
and consist of muted colors. Fluorescent or bright colors shall be
prohibited. All signs shall meet with the approval of the Architectural
Review Committee, if established.
j.
The exterior of the building shall meet the requirements of the Architectural
Review Committee as established for the Monmouth Road Corridor. In
the absence of an architectural review committee or standards, the
building shall comply with the existing architectural character of
the area.
k.
Permitted professional offices are those which do not generally require
client visits to the site, such as architects, accountants, engineers,
professional planners, design professionals, and attorneys. Medical
and dental offices are specifically prohibited.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Each child day-care center shall be licensed by the New Jersey State
Division of Youth and Family Services or other organization with which
the Division contracts for Family Day Care or Child Care.
b.
Each child day-care center shall have an accessible outdoor play
area which is demonstrated, by the applicant, to be safe and adequate
to meet the needs of the child day-care center.
c.
Each child day-care center shall have a conveniently located area
which shall be for the purpose of allowing parents or guardians to
park their car while escorting the child into the day care facility.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Family day care homes shall be permitted only in those areas where
home professional offices are permitted as a principal or conditional
use.
b.
No more than one nonresident employee is permitted on the premises
at any one time.
c.
Off-street parking is to be provided in a manner consistent with
a residential use.
d.
A fence or vegetative screen shall be provided along any rear and
side yard.
[Adopted 1-8-1992 by Ord.
No. 1564 as former Subsection 21-51.21, Outdoor
Recreational uses in an R-1 Zone, deleted 8-21-1996 by Ord. No. 1746, reestablished 9-18-1996 by Ord. No. 1748]
a.
Minimum lot area: 10 acres.
b.
Minimum lot width: 500 feet.
c.
Minimum lot depth: 600 feet.
d.
Minimum front yard setback: 100 feet.
e.
Minimum side yard setback: 100 feet from existing residences or undeveloped
residentially zoned property; 60 feet from all other property.
f.
Minimum rear yard setback: 100 feet from existing residences or undeveloped
residentially zoned property; 60 feet from all other property.
g.
Maximum floor area ratio: 25%.
h.
Minimum required buffer from existing residences and undeveloped
residentially zoned properties: 60 feet.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
The site must be designated, on the Master Plan Land Use Plan, as
a senior citizen housing site.
b.
A maximum density of 20 units per acre is permitted.
c.
Except as noted below, all setback and bulk requirements of the R-1
Zone shall apply.
d.
A minimum buffer of 25 feet shall be provided on all side and rear
property lines.
e.
Minimum distance between buildings: 35 feet between any two front
facades or any front facade with a side or rear facade; 35 feet between
any two side or rear facades.
f.
Minimum setback from parking are: 10 feet.
g.
Maximum building length: 150 feet.
h.
Maximum units per structure: 24.
j.
Each principal building shall:
1.
Not allow or contain outside television antenna. All television antenna
equipment shall be built into the building to eliminate individual
television antennas from being erected on the roof.
2.
Provide, in an enclosed storage area, with a minimum vertical clearance
of five feet, or not less than 400 cubic feet of storage for each
unit in the building.
3.
Not fail to provide, in an enclosed area, laundry facilities of not
less than one washer and one dryer for each 10 dwelling units for
the exclusive use of the occupants of the building, unless washers
and dryers are provided within each unit. No outside clothes lines
or clothes hanging facilities or devices shall be provided or allowed.
4.
There shall be a trash and recyclable storage area completely surrounded
by a six-foot high solid architectural fence with front solid gates.
All outside trash and recyclables shall be stored in this area and
shall not be in public view over the fence. All accessory apparatuses
shall be similarly enclosed.
k.
Indoor and outdoor recreation facilities, of adequate size to serve
the occupants, shall be provided. An indoor recreation area, consisting
of a minimum of 3% of the gross floor area of all residential units,
but not less than 1,600 square feet, shall be provided. Outdoor leisure
and recreation area, consisting of a minimum of 50 square feet per
dwelling unit, shall also be provided.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
The applicant must demonstrate that the retail use is directly related
to the industrial use of the site. For example, if the industrial
use is a manufacturing or warehousing use, the retail use may sell
the products which are manufactured or warehoused.
b.
The retail use may occupy no more than 10% of the floor area of the
Industrial use, but in no case more than 3,500 square feet. The "floor
area of the industrial use" utilized to calculate the permitted floor
area for the accessory retail use shall include the total floor area
of building or buildings on a site which are utilized for the specific
industrial use in question, including the area to be utilized for
retail use.
c.
Parking shall be provided at a rate of one parking space per 200
square feet of retail space, in addition to the parking required for
the industrial use.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Limited retail and service uses may not be free-standing, and must
be located within an approved office building.
b.
Limited retail and service uses (including pro-rated common space)
may occupy no more than 35% of the gross floor area of the building
within which they are located.
c.
The floor area ratio of the development on the site may be increased
to 45% provided:
1.
Where the floor area ratio exceeds 30%, the floor area dedicated
to retail and service use is equal to or greater than 1/2 of the floor
area which exceeds 30%. Common space within the building shall be
pro-rated to determine the total retail and service space.
2.
The minimum percentage landscaped area required shall be increased
by 1% of the lot area for each 1% the floor area ratio exceeds 30%.
d.
There shall be no additional parking spaces required for any retail
and service use space where that retail space exceeds a 30% floor
area ratio. For example, if the floor area ratio of building is 34%,
and retail and service uses (including pro-rated common space) occupy
a floor area ratio of 6%, parking shall not be required for those
retail uses occupying a floor area ratio of 4%.
[Adopted 1-8-1992 by Ord.
No. 1564]
[Adopted 1-8-1992 by Ord.
No. 1564]
b.
All satellite antenna dishes must be set back a minimum of 10 feet
from any property line, or the toppling distance of the dish, whichever
is greater.
c.
Ground mounted satellite antenna dishes must be screened from view
from adjacent properties and from all public streets by a solid screening
of evergreen trees, spaced a minimum of eight feet apart and a minimum
height of eight feet at planting.
Roof mounted satellite antenna dishes must be screened from
public view by architectural means consistent with the architecture
of the building.
d.
All satellite antenna dishes must be permanently installed. Portable
units are prohibited.
e.
The maximum diameter of a satellite antenna dish in any residential
zone shall be 10 feet.
f.
Satellite antenna dishes used for the purpose of transmitting shall
be prohibited in any residential zone.
[Added 6-18-1992 by Ord.
No. 1585, amended 6-18-1992 by Ord. No. 1588]
a.
A movie theater shall only be located within a shopping center with
a minimum total lot area of 15 acres.
b.
A movie theater shall be designed so that there is an area directly
adjacent to the movie theater which is reserved for the drop-off and
pick-up of patrons. Such areas shall be separated from parking areas
and be situated so that any person being dropped off or picked up
does not cross a parking area or drive aisle. The areas should be
identified with signs stating "Drop-off and pick-up area only, no
parking".
c.
A movie theater shall be permitted one free-standing sign (in addition
to the free-standing sign permitted for the shopping center) which
shall comply with the following provisions:
[Added 11-16-1992 by Ord.
No. 1608, amended 11-9-2009 by Ord. No. 2140]
Such facilities may include rehabilitation, therapy, education,
vocational training, supported employment, related administrative
services, and child care and similar services related to the primary
function of the facility.
[Added 1-5-1994 by Ord.
No. 657]
Principal permitted uses in the I-1 Zone with the exception
of manufacturing, fabrication and assembly of light machinery and
products; and, professional, general business, and corporate office
uses in an O-1/80 Zone.
b.
Bulk requirements shall be as follows:
1.
Minimum lot area: four acres.
2.
Minimum lot width: 250 feet.
3.
Minimum lot depth: 400 feet.
4.
Minimum front yard setback: 100 feet.
5.
Minimum side yard setback: 50 feet.
6.
Minimum rear yard setback: 75 feet.
7.
Minimum gross floor area: 5,000 square feet.
8.
Maximum lot coverage: 27% of buildable lot area.
9.
Floor area ratio: 30%.
10.
Maximum building height: 35 feet.
c.
The exterior of the building as viewed from public streets and adjacent
properties in the C-4 and O-1/80 Zone must have the appearance of
an office use.
d.
All loading areas must be completely screened from public streets
and all properties located in the C-4 and O-1/80 Zones.
e.
Outside storage of supplies or materials shall be prohibited.
[Added 6-18-1997 by Ord.
No. 1773, amended 8-6-1997 by Ord. No. 1776, 11-4-1998 by Ord. No. 1814]
a.
Requirements for Public and Parochial Schools in the R-1, R-1T, R-3/PRD,
AR-3/PRD, and R-7 Zones.
1.
Bulk Requirements for Public and Parochial Schools.
|
Minimum lot area
|
10.0 acres plus 1 acre per 50 students for all students in excess
of 500 students
|
|
Minimum lot width
|
400 feet
|
|
Minimum lot depth
|
400 feet
|
|
Minimum front yard setback
|
100 feet
|
|
Minimum side yard setback
|
75 feet
|
|
Minimum rear yard setback
|
75 feet
|
|
Maximum floor area ratio
|
20%
|
|
Maximum building height
|
3 stories above grade or 35 feet, whichever is less
|
2.
Where driveways, parking areas or play areas are adjacent to a vacant
or residential property in a residential zone, a buffer strip with
a width equal to five feet for every acre of land, rounded to the
nearest acre, shall be provided along all side and rear lot lines
except as follows:
The required buffer on each side yard may be reduced to 20%
of the distance between side lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between side
lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the
distance between front and rear lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between the
front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be
not less than 50 feet and the maximum required buffer shall be not
more than 100 feet.
b.
Requirements for Public and Parochial schools in the R-2 and R-3
Zones and Boarding Schools in the R-2 Zone.
1.
Bulk Requirements for Public and Parochial Schools.
|
Minimum lot area
|
7.0 acres plus 1 acres per 50 students for all students in excess
of 350 students
|
|
Minimum lot width
|
250 feet
|
|
Minimum lot depth
|
200 feet
|
|
Minimum front yard setback
|
50 feet
|
|
Minimum side yard setback
|
40 feet
|
|
Minimum rear yard setback
|
60 feet
|
|
Maximum floor area ratio
|
25%
|
|
Maximum building height
|
2 stories above grade or 30 feet, whichever is less
|
2.
Where driveways, parking areas or play areas are adjacent to a vacant
or residential property in a residential zone, a buffer strip with
a width equal to five feet for every acre of land, rounded to the
nearest acre, shall be provided along all side and rear lot lines
except as follows:
The required buffer on each side yard may be reduced to 20%
of the distance between side lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between side
lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the
distance between front and rear lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between the
front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be
not less than 25 feet and the maximum required buffer shall be not
more than 100 feet.
3.
Additional Requirements for Boarding Schools in the R-2 Zone.
(a)
No more than 80 persons, including but not limited to staff
and boarding students, shall be permitted to remain on site between
the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(b)
Boarding students shall be in grades 9 through 12 and in no
case shall a boarding student be older than 18 years of age at the
beginning of the academic year.
(c)
There shall be no outdoor lighting of playfields or recreation
areas after dusk, except that lighting shall be permitted for security
purposes only, and shall be limited to that lighting which is specifically
permitted by the reviewing Municipal Agency, and is shown on an approved
site plan.
(d)
There shall be no outdoor recreational or group activities after
9:00 p.m.
(e)
Students shall be prohibited from having pets or automobiles
on site at any time.
c.
Requirements for Public and Parochial Schools in the R-4, R-4HO,
R-5, and R-6 Zones.
1.
Bulk Requirements for Public and Parochial Schools.
|
Minimum lot area
|
2.0 acres plus 1 acre per 50 students for all students in excess
of 150 students
|
|
Minimum lot width
|
200 feet
|
|
Minimum lot depth
|
200 feet
|
|
Minimum front yard setback
|
50 feet
|
|
Minimum side yard setback
|
40 feet
|
|
Minimum rear yard setback
|
60 feet
|
|
Maximum floor area ratio
|
30%
|
|
Maximum building height
|
2 stories above grade or 30 feet, whichever is less
|
2.
Where driveways, parking areas or play areas are adjacent to a vacant
or residential property in a residential zone, a buffer strip with
a width equal to five feet for every acre of land, rounded to the
nearest acre, shall be provided along all side and rear lot lines
except as follows:
The required buffer on each side yard may be reduced to 20%
of the distance between side lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between side
lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the
distance between front and rear lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between the
front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be
not less than 25 feet and the maximum required buffer shall be not
more than 100 feet.
3.
Additional Requirements for Boarding Schools in the R-4 Zone.
(a)
No more than 50 persons, including but not limited to staff
and boarding students shall be permitted to remain on site between
the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(b)
Boarding students shall be in grades 9 through 12 and in no
case shall a boarding student be older than 18 years of age at the
beginning of the academic year.
(c)
There shall be no outdoor lighting of playfields or recreation
areas after dusk, except that lighting shall be permitted for security
purposes only, and shall be limited to that lighting which is specifically
permitted by the reviewing Municipal Agency, and is shown on an approved
site plan.
(d)
There shall be no outdoor recreational or group activities after
9:00 p.m.
(e)
Students shall be prohibited from having pets or automobiles
on site at any time.
[Added 7-2-1997 by Ord.
No. 1775]
Accessory warehouses shall be permitted as conditional uses
in the C-5 Zone, subject to the following conditions:
a.
The warehouse shall be located in a building which is utilized for
retail sales and display, and a minimum of 1/3 of the floor area of
said building shall be utilized for retail sales and display.
b.
The warehouse shall be accessory to a principal retail sales and
display use which is located in the same building. The subject warehouse
may also be used for storage for goods sold at other similar retail
sales and display uses which are owned and operated by the same individual
or company which operates the above principal retail commercial use.
c.
No portion of an accessory warehouse shall be located within 70 feet
of the front facade of the building, and the facade treatment shall
be consistent on all sides of the building.
d.
Loading areas shall be located on the side or rear of the building,
provided that no loading area shall be located within 150 feet of
Seaview Square Drive, and all loading areas shall be screened from
view from adjacent properties by a planting screen. Such planting
screen shall consist of a minimum of two rows of evergreen trees,
spaced 10 feet apart and 10 feet on centers and a minimum of six feet
high at planting. Loading areas shall also be screened from view of
public streets as fully as practicable by a solid planting of evergreen
trees, a minimum of six feet in height at planting, within the line
of sight between the loading area and the public street, except within
driveways. Evergreen trees in such planting screens shall be massed
so that they overlap in order to ensure full screening. Where such
a planting screen is provided along the property line, there shall
be no requirement for shade or flowering trees.
[Added 7-2-1997 by Ord.
No. 1775, amended 9-16-1998 by Ord. No. 1810]
a.
Indoor recreational facilities may include facilities for indoor
field and court sports such as tennis, basketball, soccer, roller
hockey. Accessory uses such as spectator seating, a snack bar, a pro-shop,
locker rooms, management offices, and other accessory uses clearly
incidental to the indoor recreational uses in the facility are also
permitted.
b.
All access shall be from Cindy Lane or a collector street as designated
in the Township Master Plan.
c.
Bulk Requirements.
|
Minimum lot area
|
4 acres
|
|
Minimum lot width
|
250 feet
|
|
Minimum setbacks:
Principal building
|
Front yard-50 feet, except that where a building line is not
parallel to a street line, 1 corner of the building may be set back
a minimum of 30 feet provided the height of the building at any point
does not exceed the setback at that point, and provided the average
front setback is at least 10 feet greater than the maximum height
of the building
|
|
Side and Rear Yard
|
50 feet from existing developed single family residential lots
or undeveloped residentially zoned property which is not part of a
previously approved and constructed residential development; 15 feet
from all other property
|
|
Maximum floor area ratio
|
25% of total lot area
|
|
Maximum building height
|
40 feet
|
[Added 6-17-1998 by Ord.
No. 1799, amended 7-29-1998 by Ord. No. 1809; 9-16-1998 by Ord. No. 1810; 3-15-2000 by Ord. No. 1851; 1-10-2001 by Ord. No. 1881; 4-28-2022 by Ord. No. 2383]
a.
Principal or Accessory Use. Wireless telecommunications towers and
antennas may be considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Township as part of the application an
inventory of its existing towers, antennas, or sites approved for
towers or antennas, that are either within the jurisdiction of the
Township of Ocean or within one mile of the border thereof including
specific information about the location, height and design of each
tower. The Township may share such information with other applicants
applying for approvals under this section or other organizations seeking
to locate within the jurisdiction of the Township of Ocean provided,
however that the Township, by sharing such information, in no way
represents that such sites are available or suitable.
d.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA be painted a neutral color
so as to reduce visual obtrusiveness.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
e.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
f.
Signs. No signs shall be allowed on an antenna or tower.
g.
Maximum Height. The tower shall meet the following maximum height
and usage criteria:
h.
Additional Information. In addition to any information required for
applications for site plan review pursuant to this chapter, applicants
for approval of a tower shall submit the following information:
1.
A location plan drawn to scale and clearly indicating the location,
and height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning including all properties within the applicable
separation distances set forth in this subsection, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
and parking.
2.
Legal description of the parent tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
4.
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to this subsection shall be shown.
The applicant shall also identify the type construction of the existing
tower(s) and the owner/operator of the existing tower(s), if known.
5.
A landscape plan showing specific landscape material by type, height,
size and number.
6.
Method of fencing, including type, height, and color.
7.
A notarized statement by the applicant as to whether construction
of the tower will accommodate additional antennas for future users.
8.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed tower.
9.
A description of the feasible location(s) of future towers or antennas
within the Township based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
i.
Availability of Suitable Existing Towers, Other Structures, or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Municipal Agency that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the Municipal
Agency related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
1.
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
4.
The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with
the applicant's proposed antenna.
5.
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
6.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
7.
The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
(a)
Minimum Required Setback. The following setback requirements
shall apply to all towers for which site plan approval is required:
(1)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line, but in no event
shall the tower be located in the minimum required yard area or buffer
area of the zone district.
(2)
Guys and accessory buildings must satisfy the minimum zoning
district setback and buffer requirements.
j.
Any new Telecommunication Carriers proposing new Telecommunication
Facilities within the Township must provide an overall system layout
plan for the entire Township. The plan must identify all of the required
wireless pole locations, heights, and diameter.
1.
All new wireless poles must be of a height to accommodate colocation
with at least two other Telecommunication Carriers.
k.
Minimum Separation Requirement Between Uses. The following separation
requirements shall apply to all towers and antennas for which site
plan approval is required:
1.
Separation from Off-Site Uses/Designated Areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection (b) below, except as otherwise provided.
(b)
Towers shall maintain a separation distance of 200 feet or 300%
of the tower height, whichever is greater, from residential dwelling
units or from lands zoned for residential use.
2.
Separation Distances Between Towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers or other proposed towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below:
|
Table of Required Separation Distances between Towers
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
900
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
900
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
900
|
|
Monopole less than 75 feet in height
|
900
|
900
|
900
|
900
|
l.
Security Fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anticlimbing device.
m.
Landscaping. The following requirements shall govern the land surrounding
towers for which site plan approval is required.
n.
Buildings or Other Equipment Storage.
1.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
2.
Antennas Located on Towers, Utility Poles, or Light Poles. The related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height, and shall
be located in accordance with the yard and buffer requirements of
the zoning district in which located and shall be screened from view
of all residential properties.
o.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Township of Ocean
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said 90 days shall be grounds to remove the
tower or antenna at the owner's expense. If there are two or
more users of a single tower, then this provision shall not become
effective until all users cease using the tower.
p.
Preexisting Towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance is permitted
on such preexisting towers. New construction other than routine maintenance
on a preexisting tower shall comply with the requirements of this
subsection.
r.
Antennas and Towers Permitted on Township Property. Wireless telecommunications towers and antennas which are located on Township property and which are approved by the Township Council shall be deemed to be permitted as a municipal facility in any zone district. The Township Council shall consider criteria set forth in subsection 21-51.33 prior to approving the location of a tower or antennas on Township property.
s.
Small Cell Facility Siting License. The following shall apply to
applications for all Small Cell Facilities and Wireless Poles:
1.
Any Telecommunications Carrier who desires to construct, install,
operate, maintain, or otherwise locate Small Cell Facilities within
the Township, including on any Public Right-of-Way, for the purpose
of providing Telecommunications Services to persons and areas inside
or outside the Township shall first obtain a siting license from the
Township in accordance with this Section.
2.
For purposes of this section, the construction, installation, operation,
maintenance or location of Telecommunications Facilities includes
the Colocation with any Telecommunications Facility.
3.
A Telecommunications Carrier who is issued a siting license pursuant
to this Section who wishes to add, supplement, or modify the Telecommunications
Facility for which the siting license was previously granted shall
be required to obtain a new siting license in accordance with the
procedures established by this Section.
4.
No application to construct a new wireless Telecommunication Service
Facility shall be approved unless the applicant demonstrates to the
reasonable satisfaction of the Township that no existing personal
wireless Telecommunication Service Facility within a reasonable distance,
regardless of municipal boundaries, can accommodate the applicant's
needs. Evidence submitted to demonstrate that no existing personal
wireless Telecommunication Service Facility can accommodate the applicant's
proposed facility shall consist of one or more of the following:
(a)
No existing Telecommunications Facilities are located within
the geographic area required to meet the applicant's coverage
demands.
(b)
Existing Telecommunications Facilities are not of sufficient
height to meet the applicant's coverage demands and cannot be
extended to such height.
(c)
Existing Telecommunications Facilities do not have sufficient
structural strength to support applicant's proposed antenna and
related equipment.
(d)
Existing Telecommunications Facilities do not have adequate
space on which proposed equipment can be placed so it can function
effectively and reasonably.
(e)
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing facility, or the antennas
on the existing facility would cause interference with the applicant's
proposed antenna.
(f)
The applicant demonstrates that there are other compelling limiting
factors, including but not limited to economic factors, that render
existing facilities or structures unsuitable.
5.
Upon approval of a siting license application, the siting license
authorizing placement of a Small Wireless Facility in a public right-of-way
shall not be issued by the Township Clerk to any Applicant unless:
(a)
All siting license application fees and escrow fees, as established
herein, have been paid; and
(b)
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the Applicant's siting license application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et seq., and the administrative regulations adopted thereunder, Chapter 382, Article V, Street Openings, of the Code of the Township of Ocean, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the Applicant and the Applicant has supplied copies of such other permits or approvals to the Township Clerk for inclusion with the Applicant's application documents; and
6.
No siting license authorizing placement of a Small Wireless Facility
in a public right-of-way shall be issued to any Applicant unless Township
Council, in the manner prescribed by applicable laws of the State
of New Jersey, has granted to the siting license Applicant its consent
to use public rights-of-way within the Township. No siting of a Small
Wireless Facility shall be permitted within 200 feet of another Small
Wireless Facility unless it can be established by clear and convincing
evidence that co-location on an existing or previously approved Small
Wireless Facility is not feasible. Any claims of carriers of technical
incompatibility or inability to collocate need to be proven by the
carrier, not disproven by the Township. Responsibility for judging
proof of said claims lies solely with the Township and/or or its chosen
representative(s).
7.
Siting License Term. The term of a siting license issued pursuant
to this Section shall be no less than 24 months.
t.
Small Cell Facility Siting License Application Process. Any person
who desires a siting license pursuant to this section shall file an
application with the Township Manager. The application shall include
the following information:
1.
The identity of the siting license applicant, including all affiliates
of the applicant.
2.
A description of the Telecommunications Services that are or will
be offered or provided.
3.
A description of the Telecommunications Facility(ies).
4.
A description of the transmission medium that will be used by the
siting licensee to offer or provide Telecommunications Services.
5.
Preliminary engineering plans, a survey, specifications, and a network
map of the Telecommunications Facility to be located within the Township,
all in sufficient detail to identify:
(a)
The location and route requested for applicant's proposed
Telecommunications Facility.
(1)
The location of all antennae, cells and nodes for applicant's
proposed Telecommunications Facility.
(2)
The location of all overhead and underground public utility,
telecommunications, cable, water, sewer drainage and other facilities
in the public way along the proposed route.
(3)
The specific trees, structures, improvements, facilities and
obstructions, if any, that applicant proposes to temporarily or permanently
remove, relocate or alter.
(4)
Telecommunications Facilities Providers use various methodologies
and analysis tools, including geographically based computer software,
to determine the specific technical Parameters of facilities, such
as expected coverage area, antenna configuration and topographic constraints
that affect signal paths. In certain instances, there may be a need
for expert review by a third party of the technical data submitted
by the provider. The Township may require such a technical review
to be paid for by the applicant for a Telecommunications Service Facility.
The selection of the third-party expert may be by mutual agreement
between the applicant and the Township or at the discretion of the
Township, with a provision for the applicant and interested parties
to comment on the proposed expert and review its qualifications. The
expert review is intended to be a site-specific review of technical
aspects of the Telecommunications Facilities and not a subjective
review of the site selection. The expert review of the technical submission
shall address the following:
(5)
A preliminary construction schedule and completion date.
(6)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial
ability to construct, operate, maintain, relocate and remove the telecommunications
facilities.
(7)
Information to establish the applicant's technical qualifications,
experience and expertise regarding the Telecommunications Facilities
and Telecommunications Services described in the application.
(8)
Information to establish that the applicant has obtained all
other governmental approvals and permits to construct and operate
the Telecommunications Facilities and to offer or provide the Telecommunications
Services.
(9)
Verification from an appropriate professional who will certify
that the Telecommunications Facility meets the current standards and
regulations of any agency of the federal or state government with
the authority to regulate telecommunications facilities.
(10)
Information to establish that the proposed telecommunications
facility conforms to the requirements of the international building
code and national electrical code, as applicable.
(11)
Proof of notice pursuant to the requirements set
forth below in paragraph z, "Notification for Telecommunication Facilities."
u.
Determination by the Township Manager for Small Cell Facility Siting
Licenses.
1.
The Township shall review the application for a Small Wireless Facility
siting license in light of its conformity with the provisions of this
section, and shall approve a siting license on nondiscriminatory terms
and conditions subject to the following requirements:
(a)
Within 10 days of receiving an Application, the Township Clerk
shall determine and notify the Applicant:
(1)
Whether the Application is complete;
(2)
If the Application is incomplete, what specific information
is missing; and
(3)
Whether the deployment of the Small Wireless Facilities as proposed
requires the Applicant to apply for other permits, such as a street
opening permit or construction permit, for which the Applicant has
not yet applied. No Small Wireless Facility siting license application
shall be deemed complete until the Applicant has applied for all other
permits and approvals required by all other laws and regulations that
are applicable to the Applicant's proposed Small Wireless Facility
deployment.
(b)
The Township shall make its final decision to approve or deny
the Application within the following timeframes:
(1)
Sixty days from the submission of a complete application to
install a Small Wireless Facility upon one or more existing structures.
(2)
Ninety days from the submission of a complete application to
install a Small Wireless Facility upon one or more new structures.
(3)
Ninety days from the submission of a complete batched application
to install Small Wireless Facilities upon both existing and new structures.
|
The timeframes described above by which an application shall
be either approved or denied may be extended by mutual consent of
the Applicant and the Township. Such consent shall be set forth on
a form for such purposes which shall be available from the Office
of the Township Clerk. Such consent on behalf of the Township shall
be exercised by the Mayor in his/her reasonable discretion.
|
(c)
The Township Clerk shall notify the Applicant in writing of
the final decision, and if the Application is denied, specify the
basis for denial; and cite such specific provisions, as may be recommended
by the Township Attorney, from federal, state, or local laws, administrative
regulations or codes as to why the Application was denied.
(d)
Notwithstanding an initial denial, the Applicant may cure any
deficiencies identified by the Township within 30 days of the denial
without paying an additional application fee, provided the Township
Clerk shall approve or deny the revised application within 30 days
of receipt of the amended application which shall be limited to the
deficiencies specified in the original notice of denial.
(e)
If the Township fails to act upon an application within the
timeframes prescribed by this section, the Applicant may provide written
notice to the Township that the application review and decision period
has lapsed. Upon receipt of such notice, Township Council, by resolution
adopted no later than its second regularly scheduled public meeting
next following receipt of the notice, shall either deny the application
or direct that the siting license shall be approved and issued. Nothing
in this paragraph is intended in any way to impact any other right
or remedy that may be available to the Applicant under applicable
federal or state law if the Township fails to act upon an application
within the timeframes prescribed by this section.
(f)
A siting license from the Township authorizes an Applicant to
undertake only certain activities in accordance with this ordinance.
No approval or consent granted, or siting license issued, pursuant
to this ordinance shall confer any exclusive right, privilege, license
or franchise to occupy or use any public right-of-way within the Township
of Ocean for the delivery of telecommunications services or for any
other purpose.
v.
Fees and Escrows for Small Cell Facility Siting Licenses.
1.
An application for a siting license under this section shall be accompanied
by a payment of a $500 fee.
2.
Pursuant to N.J.S.A. § 54:30A-124, the Township shall recover
reasonable professional fees for actual services incurred in the review
of applications under this section. Applicant shall make a deposit
in an escrow for professional fees in the amount of $1,000. If said
escrow account contains insufficient funds to enable the Township
to perform its review, the Chief Financial Officer shall provide the
applicant a notice of insufficient balance. In order for review to
continue, the applicant shall, within 15 days, post a deposit to the
account in an amount to be mutually agreed upon.
w.
Assignment or Transfers of Small Cell Facility Siting Licenses. Ownership
or control of a siting license issued pursuant to this Section may
not, directly or indirectly, be transferred, assigned or disposed
of by sale, lease, merger, consolidation or other act of the grantee,
by operation of law or otherwise, without the prior consent of the
Township as expressed by resolution.
x.
General Indemnification of Township in Connection with Small Cell
Facility Siting Licenses; Township Use.
Each siting license grantee shall indemnify and hold the Township
and its officers, employees, agents and representatives harmless from
and against any and all damages, losses and expenses, including reasonable
attorney's fees and costs of suit or defense, arising out of,
resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the grantee or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of its Telecommunications Facilities, and in providing
or offering Telecommunications Services over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
Chapter or by a grant agreement made or entered into pursuant to this
Chapter.
An Applicant whose siting license includes the installation of any new Smart Pole structure of any of the types that are defined in in § 21-5 or § 21-6 shall provide the Township with access to any of the technological features that are a component the new Smart Pole structure such as, for example, public access Wi-Fi, 911 call service or security cameras, before the Applicant offers such access to any other person or entity. Should the Township decide to utilize any such technological features then the Township, on an annual basis, shall reimburse the Applicant or the subsequent owner of the structure, the costs, on a dollar-for-dollar basis, of providing the Township with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Township and the costs of any repairs required to be made to the components used by the Township, unless the repair costs are necessitated by the acts of the Applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
y.
Revocation or Termination of Small Cell Facility Siting Licenses.
1.
The Township may revoke a siting license granted under this Chapter
for the following reasons:
(a)
Construction or operation without a siting license.
(b)
Construction or operation at an unauthorized location.
(c)
Unauthorized substantial transfer of control of the grantee.
(d)
Unauthorized assignment of a siting license.
(e)
Unauthorized sale, assignment or transfer of grantee's
assets, or a substantial interest therein.
(f)
Misrepresentation or lack of candor by or on behalf of a grantee
in any application to the Township.
(g)
Abandonment of the Telecommunications Facility. A Telecommunications
Facility shall be deemed "abandoned" if it is either disconnected
from power service or unused for greater than six months. Abandoned
Telecommunications Facilities shall be removed by the owner. Should
the owner fail to remove the Telecommunications Facility, the Township
may do so at its option, and the costs thereof shall be a charge against
the owner.
(h)
Insolvency or bankruptcy of the grantee.
(i)
Material violation of the Township's Revised General Ordinances.
2.
In the event that the Township believes that grounds exist for revocation
of a siting license, it shall give the grantee written notice of the
apparent violation or noncompliance, providing a statement of the
nature and general facts of the violation or noncompliance, and providing
the grantee a reasonable period of time not exceeding 30 days to furnish
evidence:
3.
The Township shall consider the apparent violation or noncompliance
in a public meeting, with respect to which the grantee shall be given
notice and a reasonable opportunity to be heard concerning the matter.
z.
Notification Required by Telecommunications Facility Providers.
1.
Any Telecommunications Carrier who desires to change existing use,
construct, install, operate, maintain, or otherwise locate a Telecommunications
Facility in the Township shall provide notice to property owners certified
by the Township Administrator to be within 500 feet of the proposed
Telecommunications Facility.
2.
Notice shall be given to a property owner by:
(a)
Serving a copy thereof on the property owner as shown on the
current certified tax list, or his or her agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail and regular mail to
the property owner at the address as shown on the said current certified
tax list, and service by mailing shall be deemed complete upon deposit
with the U.S. Postal Service; and
|
Notice pursuant to this section shall state the identity of
the Telecommunications Carrier; a description of the Telecommunications
Services that are or will be offered or provided; a description of
the location(s) of any Telecommunications Facilities; and a description
of the Telecommunications Facilities to be installed and the location
of the Telecommunications Facilities. The notice shall also advise
that a copy of the applicant's application is on file with the
Township Manager and may be reviewed by the public.
|
3.
Such other and further information as may be required by the Township
Manager.
4.
In the case of an application that seeks to construct, install, operate,
maintain, or otherwise locate a Telecommunications Facility or equipment
on any property owned or controlled by the County - including, but
not limited to, a County right-of-way - the applicant shall also provide
notice to and obtain a permit from the County authorizing the placement
of such Telecommunications Facility on any such property or right-of-way.
aa.
Routine Maintenance and Replacement.
A Small Wireless Facility siting license shall not be required
for:
1.
Routine maintenance of a Small Wireless Facility.
2.
The replacement of a Small Wireless Facility with another Small Wireless
Facility that is substantially similar or smaller in size, weight
and height to the Small Wireless Facility that is being replaced.
3.
Provided, however, that on a location where the Township and/or another
provider has placed equipment or facilities, any routine maintenance
or replacement that is done shall not occur until written authorization
from the Township and/or the other provider, as the case may be, to
proceed is provided to the Township, which authorization to proceed
shall not unreasonably be withheld by the Township and/or the other
provider.
4.
Provided further that if the replacement of a Small Wireless Facility
with another Small Wireless Facility includes replacement of the structure
to which the Small Wireless Facility is attached then an application
for a siting license shall be required.
bb.
Land Use Ordinance Not Superseded. The requirements of this Chapter
shall be in addition to, and shall not be in lieu of, any requirements
imposed by the Township's Land Use and Development Ordinance.
If the Land Use and Development Ordinance requires site plan approval,
or the approval of any variances from the Township Planning and Zoning
Board, the applicant shall be required to secure any approvals and/or
variances following the grant of a siting license under this Chapter.
A Planning and Zoning Board application for the construction, installation,
or location for Telecommunications Facilities shall not be deemed
complete until a siting license under this Chapter is granted by the
Township.
cc.
Severability. If any section or provision of this section shall be
held invalid in any court of competent jurisdiction, the same shall
not affect the other sections or provisions of this section, except
so far as the section or provision so declared invalid shall be inseparable
from the remainder or any portion thereof.
[Added 11-4-1998 by Ord.
No. 1814]
a.
Indoor and outdoor recreational facilities may include facilities
for: indoor field and court sports such as tennis, basketball, soccer,
roller hockey and ice skating; and outdoor field sports, court sports,
swimming and similar recreational activities. Accessory uses such
as spectator seating, a pro-shop, locker rooms, management offices,
and other accessory uses clearly incidental to the recreational uses
in the facility are also permitted. An indoor snack bar may also be
permitted provided the Board finds the use to be clearly incidental
to the indoor recreational facilities.
b.
Setback requirements for outdoor recreational facilities and fields:
20 feet from any property line except that all outdoor recreational
facilities and fields shall be located a minimum of 100 feet from
any property line which abuts a residential zone and all hard surface
court sports and swimming pools shall be located a minimum of 250
feet from any property line which abuts a residential zone.
c.
Minimum gross floor area: 5,000 square feet.
d.
Minimum buffer along residentially zoned property: 100 feet. The
required buffer shall include a minimum area 50 feet wide which is
heavily planted, including a single row of deciduous shade trees planted
25 feet on centers, and a double row of evergreen trees a minimum
of six feet in height and spaced a minimum of 10 feet on centers.
The balance of the required 100-foot buffer area may include improvements
necessary for public health, safety and welfare such as emergency
access drives, but shall not include any fields or active recreation
areas, bleachers, benches, fencing over six feet in height, or similar
amenities which are normally associated with recreational facilities.
e.
There shall be no lighting of any outdoor recreational facilities
which are located within 400 feet of any residentially zoned property.
f.
Parking shall be permitted in any required yard but in no case shall
it be closer than 100 feet to any residentially zoned property.
[Added 8-4-1999 by Ord.
No. 1832, amended 3-15-2000 by Ord. No. 1850]
a.
The site shall be located in an area which is designated for general
office use in the Master Plan.
b.
Bulk Requirements.
[Amended 11-18-2001 by Ord. No. 1902]
|
Minimum lot area
|
2 acres
|
|
Minimum rear yard setback
|
105 feet from Deal Road and Poplar Place 85 feet from Poplar
Road
|
|
Minimum side yard setback
|
30 feet
|
|
Minimum rear yard setback
|
30 feet
|
|
Maximum lot coverage
|
10%
|
|
Maximum floor area ration
|
16%
|
|
Maximum building height
|
30 feet
|
|
Maximum stories above grade
|
2
|
c.
The architecture of the proposed buildings shall be consistent with
or complementary to the architecture of the existing office building
in this area. Buildings shall have peaked roofs and shall be of colonial
or similar style. Facade treatment shall consist of clapboard or similar
vinyl siding, and/or of red colonial style brick. Windows shall be
colonial in style with small panes, shutters or similar treatments.
Modern style buildings with flat roofs, sharp angles, large single
pane windows and similar features shall be prohibited.
d.
Signage shall be limited to one free-standing "monument" style sign
per street frontage up to a maximum of two free-standing signs, and
one facade sign per street frontage up to a maximum of two facade
signs, subject to the following:
1.
The free-standing signs shall be of wood or identical appearing construction,
and shall be illuminated by exterior lights which are ground mounted
and screened from the street by evergreen shrubs. The area of one
side of the free standing sign shall be limited to 60 square feet,
and maximum height shall be 10 feet. The sign must be set back a minimum
of 15 feet from the front street right-of-way line. Sign orientation
shall be at the discretion of the applicant.
2.
Facade signs shall be of wood or identical appearing construction,
and shall not be illuminated. The congregate area of facade signs
shall not be more than 100 square feet, and no individual facade sign
shall be more than 75 square feet in area.
3.
The color of all signs shall complement the architecture and color
of the building, and no sign shall have more than three colors (including
black and white) nor shall any sign have bright "fluorescent", "neon"
or "electric" types of colors."
[Amended 2-2-2000 by Ord.
No. 1848, 1-10-2001 by Ord. No. 1876, 11-18-2001 by Ord. No. 1902]
e.
Direct access to and from Poplar Road and Deal Road shall be prohibited
[Added 8-4-1999 by Ord.
No. 1832, amended 1-5-2000 by Ord. No. 1844, 11-18-2001 by Ord. No. 1902]
[Added 9-15-1999 by Ord.
No. 1833]
b.
No automotive sales or rental shall occur on the site, except for
the issue of "loaner" cars to clientele who are having automobiles
serviced on site.
c.
Inventory storage shall be screened from view from any street by
a solid architectural fence. Sufficient landscaping to enhance the
screening shall also be provided where possible. Inventory parking
spaces need not be defined by striping.
d.
In order to accommodate inventory storage, the minimum required Landscaped
Area for the entire site may be reduced by 1% of the total lot area
for each percent of the total lot area which is used for inventory
storage, except that the total landscaped area of the site shall be
no less than 12% of the total lot area.
e.
A total of no more than two overhead doors which face any front yard
or yards shall be permitted.
[Added 11-3-1999 by Ord.
No. 1837, amended 5-3-2000 by Ord. No. 1855, 8-9-2000 by Ord. No. 1862]
a.
Bulk Requirements.
|
Minimum lot area
|
15 acres
|
|
Minimum building setbacks
|
Front yard 50 feet to any portion of the front building facade
and 35 feet to any front projection such as a portico or covered walkway
|
|
Side and rear yard 25 feet
| |
|
Maximum density
|
6 dwelling units per gross acre
|
|
Maximum building height
|
50 feet
|
|
Maximum stories above grade
|
- 3 as living space plus 1 for ground or partially subterranean
parking
|
|
Minimum unit area
| |
|
Studio
|
380 square feet
|
|
One bedroom
|
535 square feet
|
|
Two bedroom
|
795 square feet
|
b.
No unit shall have more than two bedrooms.
c.
Each unit shall have a kitchen or kitchenette in addition to a minimum
of one private bathroom.
d.
Transportation amenities, including bus transportation for shopping
and non-emergency medical appointments, shall be provided. This service
may be provided through the internal management organization or through
a contract with a private or public agency. The facility may impose
a user fee for needs of an individual in excess of two trips per week
per unit.
e.
Additional amenities including dining, recreation activities, and
housekeeping shall be provided and shall be for the exclusive use
of residents and their guests. However, the residents shall be surveyed
at least one time per calendar year relative to the desire to receive
dining service. The provision of the dining service shall be optional
if less than 50% of the residents elect to receive this service. The
facility may impose a separate fee for providing dining and/or housekeeping
services.
f.
A small retail convenience area not to exceed 300 square feet in
area, and a beauty parlor/barber shop not to exceed 400 square feet
in area may be provided for the exclusive use of residents and their
guests.
[Added 10-4-2000 by Ord.
No. 1866]
a.
Limited truck rental shall be permitted as a part of any single retail
use which has a gross floor area exceeding 100,000 square feet.
b.
Truck rentals shall be solely for the convenience of the customers
and solely for the purpose of transporting items purchased at the
subject store.
c.
Trucks shall be parked only in specific truck parking spaces which
are designated on an approved site plan.
d.
No more than three such trucks shall be permitted for any business.
[Added 1-10-2001 by Ord.
No. 1879]
a.
The site shall be adjacent to a minimum 10 acre site located in the
C-3 Zone, and shall be merged with and developed as an integral part
of that adjacent site.
b.
Uses permitted shall be any use which is permitted in the C-3 Zone
and building materials and supplies, home improvement establishment
or hardware store; garden and nursery supplies and equipment.
c.
Specific requirements for building materials and supplies, home improvement
establishment or hardware store; garden and nursery supplies and equipment
are as follows:
d.
Outdoor storage of inventory, and outdoor display or storage of materials
for sale shall be prohibited, except as approved by the Municipal
Agency as a part of an approved site plan.
e.
Architectural control over the building to be exercised by the Planning
Board.
f.
All other requirements shall be as required in the C-3 Zone.
[Added 10-4-2000 by Ord.
No. 1866]
a.
The site shall not have frontage on N.J. Route 35.
b.
Bulk standards shall be as follows:
1.
Minimum lot size: 3.5 acres.
2.
Minimum lot width: 250 feet.
3.
Minimum lot depth: 200 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
50 feet.
5.
Minimum rear yard setback: 75 feet.
6.
Minimum side yard setback: 50 feet.
7.
Maximum lot coverage: 35% of buildable lot area.
8.
Maximum floor area ratio: 25% of total lot area.
9.
Minimum gross floor area: 10,000 square feet.
10.
Maximum building height: 40 feet.
11.
Maximum distance between buildings. More than one principal
building on a lot shall provide a minimum open unoccupied area between
buildings equal to the height of the adjoining building or buildings
but not less than 15 feet.
c.
A minimum twenty-five-foot wide landscaped area, providing a substantial
visual screen, shall be provided between any warehouse use and a regional
shopping center site.
[Added 4-25-2001 by Ord.
No. 1888]
a.
Automotive gasoline station shall be permitted within any planned
commercial development in a C-4 Zone, and shall be ancillary use to
a principal use of over 100,000 square feet within the regional shopping
center. The automotive gasoline station shall be located adjacent
the principal use with which is it associated.
b.
There shall be no access to or from an automotive gasoline station
from the ring road or other major roads accessing the regional shopping
center. All access shall be from internal drives.
c.
Signs.
1.
Free-Standing Signs.
(a)
Automotive gasoline stations shall be permitted one free-standing
or one pylon sign. Such sign may advertise: the name of the automotive
station; the principal products sold on the premises including any
special company or brand names, insignia, and emblem; and the price
of gasoline. Such sign shall not exceed 50 square feet in area.
(b)
All signs shall comply with the chapter requirement for setback
from a property line and shall be not less than 10 feet nor more than
20 feet above the ground.
2.
Facade Sign. One facade sign shall be permitted and shall not exceed
8% of the area of the facade on which it is located.
3.
Canopy Signs. Signs shall be permitted on up to two sides of a canopy,
for the purpose of advertising the name of the gasoline company only,
provided that the sign does not occupy more than 1/4 of the length
of the face of the canopy on which it is located and does not extend
above or below the face of the canopy.
4.
Other. Other signs that may be required by State and Federal law
shall be allowed.
d.
Canopies. A cantilevered cover or canopy may be permitted, and shall
be no closer than 20 feet to the ring road.
e.
The retail sale of food and other non-automotive related items, including
vending machines, is prohibited.
f.
Accessory Buildings and Uses.
1.
Accessory buildings except for mechanical enclosures, rest rooms,
and attendant kiosk directly associated with the operation of the
automotive gasoline station, shall not be permitted. The maximum size
of any accessory building shall be 300 square feet.
[Amended 11-13-2002 by Ord. No. 1943]
2.
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises shall be prohibited.
3.
The storage of cars, trucks, trailers, boats or any other vehicle
shall be prohibited.
g.
Trash and Garbage. A solid enclosed area shall be provided for the
temporary storage of trash and recyclable items. The enclosed area
shall be so designed that the trash shall not be seen from public
view, and shall be screened with landscaping on three sides.
h.
A landscape plan shall be required. Landscaping shall be provided
around the perimeter of the automotive gasoline station, and on any
interior islands which are not covered by the canopy. The landscaping
shall be consistent with the landscaping within the remainder of the
regional shopping center.
[Added 8-14-2002 by Ord.
No. 1936]
a.
Minimum lot area: 50 acres.
b.
A golf course/country club may include other facilities, buildings
and activities which are customarily associated with a golf course/country
club, including pro shops; offices for the administration of the facility
only; dining/banquet facilities; maintenance garages and sheds; residential
facilities for year round and seasonal staff; and accessory recreational
facilities such as court sports. Swimming pools shall be specifically
prohibited.
c.
Bulk Requirements.
1.
Principal buildings including clubhouses, staff residential facilities,
and dining/banquet facilities.
|
Minimum building setback
|
200 feet from any property line
|
|
Maximum building height
|
35 feet
|
|
Maximum stories above grade
|
2
|
2.
Accessory buildings including maintenance buildings, garages and
storage sheds.
|
Minimum building setback
|
50 feet from any street 100 feet, but not less than the longest
horizontal dimension of the building from any adjacent side or rear
property line, except that a building may be located closer to a property
line bounded by a lake or pond provided the building is screened from
view from the lake or pond. Buildings existing as of January 1, 2002
which are located less than 100 feet from a side or rear lot line
shall not be subject to this requirement but shall not be expanded.
The burden of proof shall be on the applicant to demonstrate that
the building existed prior to January 1, 2002.
|
|
Maximum building height
|
20 feet
|
|
Maximum stories above grad
|
2
|
3.
Parking areas.
|
Minimum setback
|
50 feet from any property line
|
4.
Active accessory recreational facilities but not including golf tees,
fairways, practice driving areas, and greens.
|
Minimum setback
|
200 feet from any property line. Buildings existing as of January
1, 2002 which are located less than 100 feet from a side or rear lot
line shall not be subject to this requirement, but shall not be expanded.
The burden of proof shall be on the applicant to demonstrate that
the building existed prior to January 1, 2002.
|
d.
A golf course or country club may provide residential facilities
for year round and seasonal on-site staff members and immediate family
as follows:
Year round staff members and immediate family: two persons per
10 acres of land up to a maximum of 20 persons.
Additional seasonal staff members and immediate family between
May 1 and October 30: one person per 10 acres of land up to a maximum
of 10 persons.
[Added 1-26-2023 by Ord. No. 2407]
[Added 4-14-2008 by Ord.
No. 2093]
a.
The use shall be a mixed use consisting of retail commercial and/or
office use and self-storage. The square footage of retail and/or office
uses must equal a minimum of 10% of the lot area.
b.
The retail commercial or office use shall be located at the front
of the building and any facade facing a street shall give the appearance
of being a retail commercial or office use. The sides of the building
shall also give the appearance of being a retail commercial or office
use for a depth of 75 feet from any front facade of the building.
c.
No more than one building shall be permitted on a site.
[Added 4-14-2008 by Ord.
No. 2093]
a.
The use shall consist only of fabrication and/or assembly of light
machinery or products and accessory storage/warehousing and office
use. Wholesale (business to business) sale of products may occur,
but no retail sales to the general public shall be permitted. No manufacturing
of parts shall occur on site and no chemical processing or emission
of environmental pollutants into the environment shall occur.
b.
Site access is provided only from Doris Avenue, and in no case should
access be provided through residential neighborhoods.
c.
A minimum seventy-five-foot landscaped buffer should be provided
to all adjacent residentially zoned or developed areas.
d.
Bulk requirements.
1.
Minimum lot size: 25,000 square feet.
2.
Minimum lot width: 140 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.):
35 feet from any other street.
5.
Minimum rear yard setback: 20 feet.
6.
Minimum side yard setback: 20 feet one side.
7.
Maximum lot coverage: 70% of buildable lot area.
8.
Maximum floor area ratio : 65% of total lot area.
9.
Minimum gross floor area: 3,500 square feet.
10.
Maximum building height: 35 feet.
[Added 2-11-2009 by Ord.
No. 2123 as Affordable Apartment Flats in the AR-31
PRD Zone, repealed 10-15-2015 by Ord. No. 2249]
[Added 10-13-2016 by Ord.
No. 2279]
a.
Requirements for Adult Parochial Schools in the I-1 and O-1/80 Zones.
1.
Bulk Requirements for Adult Parochial Schools and Adult Parochial
Boarding Schools.
|
Minimum lot size
|
2 acres
|
|
Minimum lot width
|
200 feet
|
|
Minimum lot depth
|
200 feet
|
|
Minimum front yard setback (measured from the future street
R.O.W.)
|
50 feet
|
|
Minimum rear yard setback
|
75 feet
|
|
Where the use abuts a lot in a single family residential zone,
a rear yard of 100 feet shall be required
| |
|
Minimum side yard setback
|
50 feet
|
|
Where the use abuts a lot in a residential zone, a side yard
of 100 feet shall be required
| |
|
Maximum lot coverage
|
27% of buildable lot area
|
|
Maximum floor area ratio
|
30% of total lot area
|
|
Maximum building height
|
3 stories above grade or 35 feet, whichever is less
|
|
Maximum floor area ratio
|
30%
|
2.
Where driveways and parking areas are adjacent to a vacant or residential
property in a residential zone, a buffer strip with a width equal
to five feet for every acre of land, rounded to the nearest acre,
shall be provided along all side and rear lot lines except as follows:
The required buffer on each side yard may be reduced to 20%
of the distance between side lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between side
lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the
distance between front and rear lot lines at any point where the buffer
width, as required above, exceeds 20% of the distance between the
front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be
not less than 50 feet and the maximum required buffer shall be no
more than 100 feet.
3.
Additional Requirements for Adult Parochial Boarding Schools in the
I-1 and O-1/80 Zones.
(a)
The number of adult parochial boarding students and staff permitted
to remain on the site between the hours of 12:00 a.m. (midnight) and
6:00 a.m. shall be determined by the size of the property minus any
required buffers. The maximum number of persons shall be limited to
no more than 25 persons per acre of property minus required buffers.
(b)
Adult parochial boarding students shall be 17 years of age or
older at the start of the academic or program year.
(c)
There shall be no outdoor lighting of playfields or recreation
areas both active and passive after dusk, except that lighting shall
be permitted for security purposes only, and shall be limited to that
lighting which is specifically permitted by the reviewing Municipal
Agency, and is shown on an approved site plan.
(d)
One parking space for each student and staff member based on
the maxi-mum number permitted on site at any one time is required.
The Municipal Agency may, at its discretion, allow the green banking
of parking spaces based on the requirements of a particular application.
The greenbanked spaces shall be engineered on the approved plans.
Further, should the Zoning Officer of the Town-ship of Ocean determine
at any time that the spaces are required, they shall be constructed
within 60 days of notice.
[Added 10-13-2016 by Ord.
No. 2282]
a.
Mixed Use Inclusionary Development shall consist of a mix of commercial
and residential uses (both market-rate and affordable dwellings) in
the same building subject to the following restrictions.
1.
Commercial uses shall be limited to those uses otherwise permitted in the C-1 Zone (Subsection 21-35.1a) and shall be limited to the first floor of the building. All portions of the building fronting on a public street shall be occupied by commercial uses, except that a portion of the facade equal to 12 feet or 8% of the full width of the building facing a public street, whichever is the smaller dimension, may be used for common space including access to the residential uses in the building.
2.
Residential uses shall consist of one, two and three bedroom dwellings,
which may be in the form of flats or multi-level units. Residential
units may occupy portions of the first floor of the building, but
in no case shall a residential unit occupy any portion of the first
floor within 20 feet of any portion of the building facade that faces
a public street. Stairs and common space including access to residential
uses shall not be considered part of a residential unit.
3.
Affordable housing is required to be provided. At least 20% of the total number of dwellings shall be affordable to very-low-, low- and moderate-income households in accordance with the Uniform Housing Affordability Controls (“UHAC”) at N.J.A.C. 5:80-26.1 et seq., and the affordable housing regulations of the Township of Ocean (Article III, § 21-9A, Affordable Housing Development Fees, and § 21-9B, Affordable Housing), with the exceptions noted in Subsection a4, below. A fractional unit shall be addressed through the payment of an in-lieu contribution to the Township’s Affordable Housing Trust Fund at Article III, § 21-9A.
[Amended 2-27-2020 by Ord. No. 2333]
4.
A minimum
of 53% of the affordable units provided must be affordable to families
making no more than 50% of regional median income by household size,
including at least 13% that must be affordable to families making
30% or less of the regional income by household size pursuant to the
amended Fair Housing Act (“FHA”) at N.J.S.A. 52:27D-329.1.
The remaining 47% may be made available to families making less than
80% of regional median income by household size.
[Added 2-27-2020 by Ord. No. 2333]
b.
Bulk requirements.
3.
Minimum front yard setback (measured from the future street R.O.W.):
five feet.
4.
Minimum side yard setback: zero feet.
In order to encourage an end product which provides parking,
access, and architectural continuity even where development occurs
piece-meal and with diverse ownership, buildings may be attached and
may be built to the interior side lines in order to be attached. The
minimum distance between structures, if not attached, shall be 15
feet whether on the same lot or an adjacent lot. Attached buildings
may include two walls which must be keyed to each other. Where buildings
are built to both side lot lines, the site plan shall be accompanied
by appropriate easements and plans showing properly located loading
spaces and trash receptacles with permitted access across adjacent
properties. If the property abuts a residential zone, the building
shall be set back a distance of 25 feet from the residential zone.
5.
Minimum rear yard setback: 10 feet. If the property abuts a residential
zone, the building shall be set back a distance of 25 feet from the
residential zone.
6.
Maximum building height: 40 feet**
Note: ** Architectural elements including elevator towers, stair
towers and chimneys, as well as screening elements necessary to hide
rooftop equipment, may exceed the 40 feet height requirement provided
that these elements do not exceed six feet in height and do not occupy
more than 10% of the roof area of the building. Furthermore, screening
elements necessary to hide rooftop equipment shall be set back from
the edge of the roof a minimum of three feet for every one foot in
height of the screening element.
7.
Maximum stories above grade: 3.
8.
Maximum retail space: 5,000 square feet.
9.
Minimum common area on first floor: 25% of retail space.
e.
All other requirements of the C-1 Zone shall apply.
[Added 10-14-2021 by Ord. No. 2365]
[Adopted 1-8-1992 by Ord.
No. 1564]
The following modifications and exceptions to the limitations
imposed by the chapter are permitted under the terms and specifications
herein set forth.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 8-21-1996 by Ord. No. 1746, 9-25-2002 by Ord. No. 1939]
The height limitations of this chapter shall not apply to church
spires, clock towers, belfries, and cupolas. Such features, however,
shall be erected only to such height as is necessary to accomplish
the purpose they are to serve, or, in the opinion of the Construction
Code Official and Zoning Officer, the height of the proposed structure
is complimentary to the architecture of the overall building or buildings.
In addition, no advertising, corporate logos or color schemes or similar
signage will be permitted. Mechanical appurtenances such as air conditioning
or heating units and elevators shall not exceed the height limit of
more than six feet and shall be screened in a manner which is architecturally
compatible with the building. The provisions of the chapter shall
not apply to prevent the erection above the building height limit
of a parapet wall or cornice for ornamental purposes to screen mechanical
appurtenances. Building mounted antennas shall not exceed the height
limits by more than 10 feet. Ground based antennas shall conform to
the height requirements of an accessory structure.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Improvements or additions may be made to single-family dwellings
in districts, where permitted, without Municipal Agency approval,
provided the improvement or addition does not encroach on any front,
rear or side yard setback requirements and meets all other provisions
of this chapter. A building permit must be obtained.
b.
Where the owner of a lot of substandard size owns adjacent lots or
parcels of land, such lots or parcels shall be considered as a single
lot and the area and yard space provisions of this chapter shall hold.
[Adopted 1-8-1992 by Ord.
No. 1564]
Within the districts established by this chapter, or amendments
that may later be adopted, there exist lots, structures, and uses
of land and structures which were lawful before this chapter was passed
or amended, but which would be prohibited, regulated, or restricted
under the terms of this chapter or future amendment. It is the intent
of this chapter to permit these nonconformities to continue until
they are removed, but not to encourage their survival. Such uses are
declared by this chapter to be incompatible with permitted uses in
the districts involved. It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district, unless to make such use or structure
conform to minimum safe building standards.
[Adopted 1-8-1992 by Ord.
No. 1564]
A nonconforming use of a structure, a nonconforming use of land,
or a nonconforming use of a structure and land, shall not be extended
or enlarged after passage of this chapter by the attachment on a building
or premises of additional signs intended to be seen from off the premises,
or by the addition of other uses of a nature which would be prohibited
generally in the district involved.
[Adopted 1-8-1992 by Ord.
No. 1564]
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been diligently carried
on. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner according to architectural and engineering design, except that
where demolition or removal of an existing building has been substantially
begun preparatory to rebuilding, such demolition or removal shall
be deemed to be actual construction provided that work shall be diligently
carried on until completion of the building involved.
[Adopted 1-8-1992 by Ord.
No. 1564]
Structures that are nonconforming according to this chapter
may be continued so long as they remain otherwise lawful. Nonconforming
structures and their use shall not be enlarged, expanded or altered
except to become more in conformity with this chapter. Any replacement
of a nonconforming structure or use shall conform to this chapter.
Any nonconforming structures partially destroyed may be restored or
repaired, but only to the extent of the previous nonconformity. Change
from one nonconforming use to another shall not be allowed, except
by approval of the Board of Adjustment. No structure or use shall
be reestablished after abandonment for 12 consecutive months and shall
be so adjudged when there occurs a cessation of any such use or activity
by an apparent act or failure to act on the part of the tenant or
owner to reinstate such use within the twelve-month period from the
date of cessation or discontinuance.
[Adopted 1-8-1992 by Ord.
No. 1564]
No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
[Adopted 1-8-1992 by Ord.
No. 1564]
On any building devoted in whole or in part to any nonconforming
use, repairs and maintenance may be made. Said repairs shall be limited
to routine or ordinary repairs. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition any wall, floor
or roof of any building which is a valid nonconforming structure,
which has been declared unsafe by the Construction Official.
[Added 12-24-2000 by Ord.
No. 1873]
The setback and lot coverage limitations of this chapter shall
not apply to canopies located over doorways if the following conditions
are met:
a.
The canopy may not extend more than five feet from the face of the
building.
b.
The canopy may extend no more than 18 inches beyond each side of
the doorway.
c.
In no case may the canopy be closer than five feet to any property
line.
d.
No signage, letters, numbers, or graphics may appear on the canopy
other than the street address number.
[Added 6-9-2022 by Ord.
No. 2387]
The purpose of this section is to promote the use of solar energy
and to provide for the installation and construction of solar energy
systems in the Township of Ocean, subject to reasonable restrictions,
which will preserve the public health, safety and welfare, while also
maintaining the character of the Township and avoid significant impacts
to protected resources such as important agricultural lands, endangered
species, high value biological habitats and other protected resources.
[Added 6-9-2022 by Ord.
No. 2387]
a.
Solar energy systems that may be mounted on the building or on the
ground and are not the primary use of the property, shall be allowed
in any zoning district and may be installed upon receipt of the necessary
construction, electrical and/or mechanical permit(s). This section
applies to solar energy systems to be installed and constructed for
residential or commercial use.
[Added 6-9-2022 by Ord.
No. 2387]
As used in this section, the following terms shall have the
meanings indicated:
Any solar collector of other solar energy device, or any
structure or design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity. "Solar energy" means radiant energy
(direct, diffuse and reflected) received from the sun.
[Added 6-9-2022 by Ord.
No. 2387]
a.
This section applies to solar energy systems to be installed and
constructed after the effective date of the section, and all applications
for solar energy systems on existing structures or property.
b.
Solar energy systems constructed prior to the effective date of this
section shall not be required to meet the requirements of this section.
c.
Changes that materially alter the size or placement of an existing
solar energy system shall comply with the provisions of the chapter.
[Added 6-9-2022 by Ord.
No. 2387]
a.
To the extent applicable, the solar energy system shall comply with
the most recent adopted International Building Code, International
Residential Building Code and the National Electrical Code as adopted
by the New Jersey Division of Codes and Standards and all other Codes
and Standards as applicable.
b.
The design of the solar energy system shall conform to applicable
industry standards.
[Added 6-9-2022 by Ord.
No. 2387]
a.
On existing construction a solar energy system may be installed as
long as it meets the requirements of this chapter and all other applicable
construction codes.
b.
Ground-mounted Solar Energy System.
1.
The solar energy system must comply with all setback and height requirements
for the zoning district in which the property where the solar energy
system is to be installed is located.
2.
All exterior electrical and/or plumbing lines must be buried below
the surface of the ground and be placed in conduit.
3.
A ground-mounted solar energy system must comply with the accessory
structure restrictions contained in the zoning jurisdiction where
the ground-mounted solar energy system is to be located.
[Added 6-9-2022 by Ord.
No. 2389]
The purpose of this section is to promote and encourage the
use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and storm
water runoff contaminants. The goals are to:
a.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
c.
Provide the opportunity or non-residential uses to supply EVSE to
their customers and employees.
d.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and setting for convenience of service to those that use electric
vehicles.
[Added 6-9-2022 by Ord.
No. 2389]
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (c. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 Operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power interfaces, point of
sale equipment, and associated apparatus designed and used for the
purpose of transferring energy from the electric supply system to
a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
Means the pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make-Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (c. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g. single
and two-family homes, executive parking fleet parking with no access
to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
[Added 6-9-2022 by Ord.
No. 2389]
a.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b.
EVSE and Make-Ready Parking Spaces installed pursuant to § 21-53B.4 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph a above.
c.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
d.
The Zoning Officer shall enforce all signage and installation requirements
described in this ordinance. Failure to meet the requirements in this
section shall be subject to the same enforcement and penalty provisions
as other violations of the Township of Ocean's land use regulations.
e.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to C. 40:55D-1 et seq. or any other law, rule or regulation,
and shall be approved through the issuance of a zoning permit by the
administrative officer, provided the application meets the following
requirements:
1.
The proposed installation does not violate bulk requirements applicable
to the property or the conditions of the original final approval of
the site plan or subsequent approvals for the existing gasoline service
station, retail establishment, or other existing building;
2.
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
3.
The proposed installation complies with the construction codes adopted
in or promulgated pursuant to the "State Uniform Construction Code
Act," P.L. 1975, c. 217 (c. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
f.
An application pursuant to paragraph e above shall be deemed complete
if:
1.
The application, including the permit fee and all necessary documentation,
is determined to be complete,
2.
A notice of incompleteness is not provided within 20 days after the
filing of the application, or
3.
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
g.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
h.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
[Added 6-9-2022 by Ord.
No. 2389]
a.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
1.
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
2.
Within three years following the date of the issuance of the certificate
of occupancy, install EVSE in n additional one-third of the original
15% of Make-Ready parking spaces; and
3.
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
4.
Throughout the installation of EVSE in the Make-Ready parking spaces,
at least 5% of the electric vehicle supply equipment shall be accessible
for people with disabilities.
5.
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or Make-Ready parking
spaces at a faster or more expansive rate than as required above.
b.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph a above
shall:
1.
Install at least one Make-Ready parking space if there will be 50
or fewer off-street parking spaces.
2.
Install at least two Make-Ready parking spaces if there will be 51
to 75 off-street parking spaces.
3.
Install at least three Make-Ready parking spaces if there will be
76 to 100 off-street parking spaces.
4.
Install at least four Make-Ready parking spaces, at least one of
which shall be accessible for people with disabilities, if there will
be 101 to 150 off-street parking spaces.
5.
Install at least 4% of the total parking spaces as Make-Ready parking
spaces, at least 5% of which shall be accessible for people with disabilities,
if there will be more than 150 off-street parking spaces.
6.
In lieu of installing Make-Ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
7.
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or Make-Ready parking
spaces at a faster or more expansive rate than as required above.
8.
Notwithstanding the provisions of this section, a retailer that provides
25 or fewer off-street parking spaces or the developer or owner of
a single-family home shall not be required to provide or install any
electric vehicle supply equipment or Make-Ready parking spaces.
[Added 6-9-2022 by Ord.
No. 2389]
a.
All parking spaces a=with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 21, Land Development Ordinance.
b.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
c.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
[Added 6-9-2022 by Ord.
No. 2389]
a.
Location and layout of EVSE and Make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
b.
Installation:
1.
Installation of EVSE and Make-Ready parking spaces shall meet the
electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
2.
Each EVSE or Make-Ready parking space that is not accessible for
people with disabilities shall be not less than nine feet wide or
18 feet in length. Exceptions may be made for existing parking spaces
that were part of an application that received prior site plan approval.
3.
To the extent practical, the location of accessible parking spaces
for people with disabilities with EVSE and Make-Ready equipment shall
comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
4.
Each ECSE or Make-Ready parking space that is accessible for people
with disabilities shall comply with the sizing of accessible parking
space requirements in the Uniform Construction Code, N.J.A.C. 5:23,
and other applicable accessibility standards.
c.
EVSE Parking:
1.
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
2.
Electric vehicles may be parked in any parking space designated for
parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
3.
Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE
parking spaces shall be monitored by the municipality's police
department and enforced in the same manner as any other parking. It
shall be a violation of this section to park or stand a non-electric
vehicle in such a space, or to park an electric vehicle in such a
space when it is not connected to the EVSE. Any non-electric vehicle
parked or standing in a EVSE parking space or any electric vehicle
parked and not connected to the EVSE shall be subject to a fine and/or
impoundment of the offending vehicle as described in the general penalty
provisions of this Municipal Code. Signage indicating the penalties
for violations shall comply with Section 5. below. Any vehicle parked
in such a space shall make the appropriate payment for the space and
observe the time limit for the underlying parking area, if applicable.
4.
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
d.
Safety.
1.
Each publicly-accessible EVSE shall be located at a parking space
that is designated for electric vehicles only and identified by green
painted pavement and/or curb markings, a green painted charging pictograph
symbol, and appropriate signage pursuant to paragraph e below.
2.
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with the Township of Ocean's ordinances
and regulations.
3.
Adequate EVSE protection such as concrete-filled bollards shall be
used for publicly-accessible EVSE. Non-mountable curbing may be used
in lieu of bollards if the EVSE is setback a minimum of 24 inches
from the face of the curb. Any stand-alone EVSE bollards should be
three to four feet high with concrete footings placed to protect the
EVSE from accidental impact and to prevent damage from equipment used
for snow removal.
4.
EVSE outlets and connector devices shall be no less than 36 inches
and no higher than 48 inches from the ground or pavement surface where
mounted, and shall contain a cord management system as described in
e. below. Equipment mounted on pedestals, lighting posts, bollards,
or other devices shall be designated and located as to not impede
pedestrian travel, create trip hazards on sidewalks, or impede snow
removal.
5.
Each EVSE shall incorporate a cord management system or method to
minimize the potential for cable management, user injury, or connector
damage. Cords shall be retractable or have a place to hang the connector
and cord a safe and sufficient distance above the ground or pavement
surface. Any cords connecting the charger to a vehicle shall be configure
so that they do not cross a driveway, sidewalk, or passenger unloading
area.
6.
Where EVSE is provided within a pedestrian circulation are, such
as a sidewalk or other accessible route to a building entrance, the
EVSE shall be located so as not to interfere with accessibility requirements
of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable
accessibility standards.
7.
Publicly-accessible EVSEs shall be maintained in all respects, including
the functioning of the equipment. A twenty-four-hour on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
the Township of Ocean shall require the owners/designee of publicly-accessible
EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
e.
Signs.
1.
Publicly-accessible EVSE shall have posted regulatory signs, as identified
in this section, allowing only charging electric vehicles to park
in such spaces. For purposes of this section, "charging" means that
an electric vehicle is parked at an EVSE and is connected to the EVSE.
If time limits or vehicle removal provisions are to be enforced, regulatory
signs including parking restrictions shall be installed immediately
adjacent to, and visible from the EVSE. For private EVSE, installation
of signs and sign text is the discretion of the owner.
2.
All regulatory signs shall comply with visibility, legibility, size,
shape, color, and reflectivity requirements contained within the Federal
Manual on Uniform Traffic Control devices as published by the Federal
Highway Administration.
3.
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with paragraph 2 above.
4.
In addition to the signage described above, the following information
shall be available on the EVSE or posted at adjacent to all publicly-accessible
EVSE parking spaces:
