R-5A | Residential Zone |
R-3A | Residential Zone |
R-1A | Residential Zone |
R-400 | Residential Zone |
R-200 | Residential Zone |
R-150 | Residential Zone |
R-100 | Residential Zone |
R-75 | Residential Zone |
R-75A | Residential Zone |
R-70 | Residential Zone |
R-50 | Residential Zone |
PRC | Planned Retirement Community Zone |
PRD | Planned Residential Development Zone |
MF | Multi-Family Residential Zone |
NB | Neighborhood Business Zone |
GB | General Business Zone |
HB | Highway Business Zone |
MC | Marine Commercial Zone |
LI | Light Industry Zone |
SC/GB | Senior Citizen/General Business Zone |
SB | Special Business Zone |
WFD | Waterfront Development Zone |
Cemetery Zone | |
Scenic Gateway Overlay Zone | |
Route 9 Gateway Overlay Zone | |
AHZ | Affordable Housing Zone |
MUAHZ | Mixed Use Affordable Housing Zone |
Pinelands Area Zones | |
PA | Preservation Area Zone |
FA | Forest Area Zone |
FAC | Forest Area Cluster Zone |
PV | Pinelands Village Zone |
[Amended 12-27-2001 by Ord. No. 2001-031; 4-25-2002 by Ord. No. 2002-09; 12-30-2002 by Ord. No. 2002-046; 6-26-2003 by Ord. No. 2003-10; 12-13-2007 by Ord. No. 2007-27; 11-14-2024 by Ord. No. 2024-26]
The boundaries of all zoning districts set forth in this chapter are shown on a map entitled "Zoning Map, Township of Little Egg Harbor, Ocean County, New Jersey, dated September 2024," and said map is hereby made a part of this section and is on file in the Township Clerk's office.
[Amended 6-27-2002 by Ord. No. 2002-017; 12-12-2002 by Ord. No. 2002-040; 2-8-2005 by Ord. No. 2005-02]
A.
Zone boundaries are intended to follow street, lot lines, hypothetical extensions of lot lines, property lines, or other natural lines such as centerlines of watercourses, ditches or lagoons, unless such district or zone boundary is fixed by dimension on the Zoning Map or by description and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.
B.
Where a zone boundary fixed by dimension on the Zoning Map approximately follows and is not more than 20 feet from a lot line, such lot line shall be constructed to be the zone boundary.
C.
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
D.
Boundaries indicated as approximately following municipality limits shall be construed as following municipal limits.
E.
Where a zoning lot is located in part in one zoning district and in part in another zoning district, the entire lot may be used for permitted uses in the zone containing the majority (greater than 50%) of the land area of the split zoned lot and all zoning requirements for that zone shall apply to the entire lot.
[Amended 8-23-2001 by Ord. No. 2001-019; 12-27-2001 by Ord. No. 2001-035]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Detached single-family dwellings units.
(2)
Golf courses.
(3)
Stables housing horses for private use.
(4)
Federal, state, county, and municipal buildings and grounds, including fire and first aid buildings, public schools, parks, playgrounds or other recreational uses.
(5)
Private or parochial schools not operated for profit; except, however that public and private colleges or universities shall not be permitted.
(6)
Community residences for the developmentally disabled, housing no more than six persons (excluding resident staff).
(7)
Community shelters for victims of domestic violence housing no more than six persons (excluding resident staff).
(8)
Essential services.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Dog pens, provided they are located behind the rear building line and not in the required side or rear yard setback for the respective zone.
(2)
Farm buildings for the storage of farm animals, farm products or equipment or for the processing of farm products, and which are located on the same premises as the principal use or building.
(3)
Farm markets for the sale of produce and farm products grown or raised on the premises.
(5)
Nurseries and greenhouses.
(6)
Off-street parking.
(9)
Sheds (garden, storage, or tool).
(11)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use and building.
(12)
Family day-care home.
C.
Conditional uses, subject to the provisions of Article V of this chapter, are as follows:
(1)
Cemeteries and mausoleums.
(2)
Churches and places of worship.
(3)
Community residences for the developmentally disabled, housing between seven and 15 persons, excluding resident staff.
(4)
Community shelters for victims of domestic violence housing between seven and 15 persons, excluding resident staff.
(5)
Public utilities.
D.
Signs:
(1)
One lighted office announcement sign not more than two square feet in area.
(2)
One lighted sign not to exceed 20 square feet in area for each access drive to a permitted or conditional use, plus additional signs not to exceed four square feet in area to provide direction to a specific building or buildings and to off-street parking areas.
E.
Area, yard and building requirements:
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback: 20 feet.
(6)
Minimum combined side yard setback: 50 feet.
(7)
Minimum rear yard setback: 50 feet.
(8)
Minimum accessory building side and rear yard setback: 15 feet.
(9)
Maximum building height is 35 feet.
(10)
Maximum percent building coverage: 3%.
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Same as permitted in the R-5A Zone District with the exception of farm and agricultural activities, and private and parochial schools.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-5A Zone District with the exception of farm buildings for the storage of farm animals, farm products or equipment or for the processing of farm products, and which are located on the same premises as the principal use or building, as well as farm markets for the sale of produce and farm products grown or raised on the premises. Nurseries and greenhouses are non-permitted accessory uses within the R-3A Zone.
C.
Conditional uses, subject to the provisions of Article V of this chapter, are as follows:
(1)
Cemeteries and mausoleums.
(2)
Churches and places of worship.
(3)
Community residences for the developmentally disabled, housing between seven and 15 persons, excluding resident staff.
(4)
Community shelters for victims of domestic violence housing between seven and 15 persons, excluding resident staff.
(5)
Public utilities.
(6)
Communication antennas and towers.
D.
Signs:
(1)
One lighted office announcement sign not more than two square feet in area.
(2)
One lighted sign not to exceed 20 square feet in area for each access drive to a permitted or conditional use, plus additional signs not to exceed four square feet in area to provide direction to a specific building or buildings and to off-street parking areas.
E.
Area, yard and building requirements:
(1)
Minimum lot area: three acres.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback: 20 feet.
(6)
Minimum combined side yard setback: 50 feet.
(7)
Minimum rear yard setback: 50 feet.
(8)
Minimum accessory building side and rear yard setback: 15 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 5%.
F.
Cluster development option. An owner, developer or subdivider may elect to develop lots for detached single-family lots which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or provide areas and land for other public or quasi-public active recreational or open space purposes compatible with residential uses by permitting a reduction of lot sizes subject to the following requirements.
(1)
Required findings by the Planning Board:
(a)
The proposed layout will produce economy in layout and design.
(b)
The open space to be created must be suitable for public or quasi-public passive or active recreational uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.
(c)
There are reasonable assurances that the improvement and maintenance of the open space or active or passive recreational facilities can be secured by the methods and arrangements proposed by the methods and arrangements proposed by the developer.
(d)
The proposal is consistent with the intent and purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this section shall be 100 contiguous acres.
(3)
Maximum density (gross residential density). The maximum number of residential building lots for each cluster development shall be computed on the basis of one (1) residential building lot per three acres of gross tract areas. Calculations resulting in a fraction shall be rounded to the nearest whole number.
[Amended 8-23-2001 by Ord. No. 2001-019; 12-27-2001 by Ord. No. 2001-035; 6-26-2003 by Ord. No. 2003-10; 6-9-2005 by Ord. No. 2005-14]
A.
Permitted principal uses of buildings and structures are as follows:
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Dog pens, provided they are located behind the rear building line and not in the required side or rear yard setback for the respective zone.
(3)
Private residential swimming pools.
(5)
Sheds, garden or tool storage units.
(6)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use and building.
C.
Conditional uses, subject to the provisions of Article V of this chapter, are as follows:
(1)
Same as permitted in the R-3A Zone District with the exception of cemeteries, mausoleums, churches, and places of worship.
(2)
Home professional office.
(4)
Planned retirement community in accordance with the provisions of § 215-4.15, except as provided below, provided the tract is located north of Frog Pond Road and east of North Green Street (also known as Ocean County Route 539), and is in compliance with the following standards:
(a)
The minimum lot area for single-family detached dwellings shall be 6,500 square feet with a minimum lot width of not less than 65 feet.
D.
Signs:
(1)
One lighted office announcement sign not more than two square feet in area.
(2)
One lighted sign not to exceed 20 square feet in area for each access drive to a permitted or conditional use, plus additional signs not to exceed four square feet in area to provide direction to a specific building or buildings and to off-street parking areas.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 43,560 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback: 20 feet.
(6)
Minimum combined side yard setback: 50 feet.
(7)
Minimum rear yard setback: 40 feet.
(8)
Minimum accessory building side and rear yard setback: 15 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 20%.
[Amended 8-23-2001 by Ord. No. 2001-019; 12-27-2001 by Ord. No. 2001-035]
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-1A Zone.
D.
Signs:
(1)
One lighted office announcement sign not more than two square feet in area.
(2)
One lighted sign not to exceed 20 square feet in area for each access drive to a permitted or conditional use, plus additional signs not to exceed four square feet in area to provide direction to a specific building or buildings and to off-street parking areas.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 35,000 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 175 feet.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback: 20 feet.
(6)
Minimum combined side yard setback: 50 feet.
(7)
Minimum rear yard setback: 40 feet.
(8)
Minimum accessory building side and rear yard setback: 15 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 20%.
[Amended 8-23-2001 by Ord. No. 2001-019; 12-27-2001 by Ord. No. 2001-035]
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Dog pens, provided they are located behind the rear building line and not in the required side or rear yard setback for the respective zone.
(3)
Off-street parking.
(4)
Private residential swimming pools.
(6)
Sheds, garden or tool storage units.
(8)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use and building.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 125 feet.
(3)
Minimum lot depth: 150 feet.
(4)
Minimum front yard setback: 40 feet.
(5)
Minimum side yard setback: 15 feet.
(6)
Minimum combined side yard setback: 35 feet.
(7)
Minimum rear yard setback: 30 feet.
(8)
Minimum accessory building side and rear yard setback: 15 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 20%.
F.
Cluster development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to granting approval of any cluster (reduced-lot-size) development election, the Planning Board must find that:
(a)
The proposal will produce economy in layout and design.
(b)
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(c)
Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for protection of the natural environment and/or necessary for a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and purposes of the Master Plan.
(2)
General standards.
(a)
All dwelling units shall be connected to public water and sewer systems.
(b)
The maximum number of residential building lots shall be determined in accordance with the provisions of this chapter.
(c)
A cluster development shall consist of at least one or more contiguous tracts of land containing not less than 50 acres in the R-200 Zone and 40 acres in the R-150 Zone.
(3)
All open space lands shall meet the following requirements:
(a)
A minimum of 30% of the gross area of the tract shall be restricted to open space purposes.
(b)
The minimum size of any open space parcel shall be two acres.
(c)
It shall be an integral part of the development and shall be located to best suit the purpose(s) for which it is intended.
(d)
Nothing herein shall obligate the Township to accept land offered by the developer. Every parcel offered to and accepted by the Township shall be conveyed by deed at the time final plat approval is granted and such acceptance is subject to any conditions the Township may impose. The deed shall contain restrictions stating to what use(s) such land(s) shall be restricted.
(e)
Any lands offered to the Township shall be subject to the approval by the governing body after review and recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands, and such existing features may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
(f)
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board which ensures that:
[1]
The open space area will not be further subdivided in the future.
[2]
The use of the open space areas will continue in perpetuity for the purpose specified.
[3]
Appropriate provisions are made for the maintenance of the open space area.
[4]
All open space shall be clearly indicated on the final plat by metes and bounds.
(g)
All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the future resident population. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open spaces. Active and passive recreational facilities shall include but not be limited to the following: ball fields, multi-purpose fields, tennis courts, multi-purpose court areas, children's playground equipment, passive picnic or sitting areas, swimming pools, bicycle paths, and jogging trails.
(h)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable reasonable areas.
(i)
The configuration of the open space area should be so arranged that connections can be made to existing or future adjacent open spaces.
(j)
Land so dedicated for open spaces shall include, wherever feasible, nature features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make similar landscaping improvements.
(k)
Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To ensure compliance with this subsection, the building inspector shall, from time to time, following the approval of the cluster development, review building permits and shall make an inspection of the open space and recreational facilities to examine the work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report back to the Township Committee, which may take such action as it may deem appropriate, including the issuance of stop-work notices or revocation of building permits until such time as parity in development has been reached.
(l)
The Board may require a developer to make certain site preparation improvements to the open spaces. The Board may provide that the site preparation improvements are made a part of the plan and are noted therein. Same may include the following:
[1]
Removal of dead trees or diseased trees.
[2]
Thinning of trees or other growth to encourage more desirable growth.
[3]
Removal of trees in areas planned for ponds, lakes or active recreational facilities. The Board may require the assistance of experts to determine the foregoing.
[4]
Grading and seeding.
[5]
Improvement or protection of the natural drainage system by the use of protective facilities. The Board may require the assistance of experts to determine the foregoing.
(m)
Wherever possible, all the following land areas and features shall be preserved as open space:
(4)
Calculation of permitted number of residential building lots for cluster developments. When selecting the cluster option in the R-200 Zone or R-150 Zone, the maximum number of residential building lots that can be developed shall be based on the following definitions and calculations:
(a)
"Net buildable area" shall be determined by the following calculation:
Net buildable area (E) = A – B – C – D, where; | ||
A | = | Gross tract area in square feet. |
B | = | Area of tract mapped as wetlands and/or wetlands transition areas pursuant to the New Jersey Freshwater Wetlands Protection Act. |
C | = | Open space requirement calculated by multiplying 0.30 times the result of A minus B. Note: The open space requirement of net land area herein, 30%, is for the sole purpose of a density calculation. The density formula shall not modify in any way the 30% open space requirement of gross area of a tract provided in § 215-4.8F(3)(a). |
D | = | Infrastructure requirements (streets, drainage improvements, other utilities) calculated by multiplying 0.20 times the result of A minus B minus C. |
E | = | Net buildable area in square feet. |
(b)
The maximum number of building lots to be permitted under the cluster option shall be determined based upon the following formula (calculation to be rounded to the closest whole number):
(5)
Area, yard and building requirements for building lots under cluster option:
(a)
R-150 Zone.
[1]
Minimum lot area: 8,000 square feet.
[2]
Minimum lot width: 75 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 25 feet.
[5]
Minimum side yard setback: 10 feet.
[6]
Minimum combined side setback: 20 feet.
[7]
Minimum rear yard setback: 25 feet.
[8]
Minimum accessory building side and rear yard setback: 10 feet.
[9]
Maximum height: 35 feet.
[10]
Maximum building lot coverage: 30%.
(b)
R-200 Zone.
[1]
Minimum lot area: 12,500 square feet.
[2]
Minimum lot width: 80 feet.
[3]
Minimum lot depth: 125 feet.
[4]
Minimum front yard setback: 30 feet.
[5]
Minimum side yard setback: 10 feet.
[6]
Minimum combined side setback: 20 feet.
[7]
Minimum rear yard setback: 30 feet.
[8]
Minimum accessory building side and rear yard setback: 10 feet.
[9]
Maximum height: 35 feet.
[10]
Maximum building lot coverage: 30%.
[Amended 8-23-2001 by Ord. No. 2001-019]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Same as permitted in the R-200 Residential Zone District.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-200 Residential Zone District.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 125 feet.
(4)
Minimum front yard setback: 40 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum combined side yard setback: 25 feet.
(7)
Minimum rear yard setback: 30 feet.
(8)
Minimum accessory building side and rear yard setback: 10 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
[Amended 8-23-2001 by Ord. No. 2001-019; 1-24-2013 by Ord. No. 2013-01]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Same as permitted in the R-150 Residential Zone.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-150 Residential Zone.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 80 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 30 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum combined side yard setback: 25 feet.
(7)
Minimum rear yard setback: 30 feet.
(8)
Minimum accessory building side and rear yard setback: 10 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
F.
Area yard and building requirements of lots which adjoin the Ocean County Atlantis Golf Course. The golf course tract consists of the following lots: Block 285, Lot 11.01; Block 326.35, Lots 1 and 27.01; and Block 326.100, Lots 12.03, 12.05 and 64.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 80 feet.
(3)
Minimum lot depth: 110 feet.
(4)
Minimum front yard setback: 30 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum combined side yard setback: 25 feet.
(7)
Minimum rear yard setback: 50 feet.
(9)
Maximum building height: 35 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 30%.
[Amended 8-23-2001 by Ord. No. 2001-019]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Same as permitted in the R-100 Residential Zone District, with the exception of dog pens.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-100 Residential Zone District.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard setback: five feet.
(6)
Minimum combined side yard setback: 15 feet.
(7)
Minimum rear yard setback: 25 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
F.
Area yard and building requirements of lots which adjoin the Ocean County Atlantis Golf Course. The golf course tract consists of the following lots: Block 285, Lot 11.01; Block 326.35, Lots 1 and 27.01; and Block 326.100, Lots 12.03, 12.05 and 64.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard setback: five feet.
(6)
Minimum combined side yard setback: 15 feet.
(7)
Minimum rear yard setback: 50 feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
[Amended 8-23-2001 by Ord. No. 2001-019; 1-24-2013 by Ord. No. 2013-01]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Same as permitted in the R-75 Residential Zone District.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-75 Residential Zone District.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 25 feet.
(5)
Minimum side yard setback: eight feet.
(6)
Minimum combined side yard setback: 20 feet.
(7)
Minimum rear yard setback: 25 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
[Amended 8-23-2001 by Ord. No. 2001-019; 1-24-2013 by Ord. No. 2013-01]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Same as permitted in the R-75 Residential Zone District.
B.
Permitted accessory uses of buildings and structures are as follows:
(1)
Same as permitted in the R-75 Residential Zone District.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 7,000 square feet.
(2)
Minimum lot width: 70 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard setback: five feet.
(6)
Minimum combined side yard setback: 15 feet.
(7)
Minimum rear yard setback: 20 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
[Amended 8-23-2001 by Ord. No. 2001-019; 12-27-2001 by Ord. No. 2001-035; 12-23-2002 by Ord. No. 2002-043; 1-24-2013 by Ord. No. 2013-01]
B.
Permitted accessory uses of buildings and structures are as follows:
E.
Area, yard and building requirements:
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard setback: five feet.
(6)
Minimum combined side yard setback: 15 feet.
(7)
Minimum rear yard setback: 20 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 35 feet.
(10)
Maximum percent building coverage: 30%.
F.
Exemption to the minimum lot area, lot depth and rear yard setback requirements:
(1)
Notwithstanding the minimum lot area, lot depth and rear yard setback requirements set forth in Subsection E above, the following lot area, lot depth and rear yard setback requirements shall apply only to lagoon, or other waterfront, detached single-family building lots shown on a final major subdivision plat and/or minor subdivision plat filed on or before November 1, 1987:
A.
The Planned Retirement Community Zone hereinafter referred to as "PRC" is defined as a community or district having one or more parcels of land with a contiguous total acreage of at least 100 acres forming a land block to be dedicated to the use of a planned retirement community; through its corporation, association or owners, the land shall be restricted, by by-laws, rules, regulations and restrictions of record, to use by permanent residents in their late adult years. Ownership of the residential units and the area comprising a PRC may be in accordance with the provisions on N.J.S.A. 46:8B-1 et seq., or the ownership may be as is commonly referred to as "fee simple" with open space to be maintained through assessment against property owners within the confines of the community.
(1)
Permitted Uses:
(a)
Detached single-family dwelling not part of a planned retirement community, subject to the requirements for detached single-family dwellings in the R-75 Zone.
(b)
Detached single-family, two-family and multi-family dwelling units (townhouses) to be part of a planned retirement community subject to the conditions of this subsection.
(c)
Attached single-family dwelling with no side yard between adjacent dwellings, but no more than four such units so attached (townhouses).
(d)
Essential services.
(3)
Permitted accessory uses. The following accessory uses shall be permitted for the sole use or service of the planned retirement community residents and their guests:
(a)
Recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, swimming pool, shuffleboard courts and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that the applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the community and no advertising shall be permitted.
(b)
Buildings and structures for the maintenance or administration of the planned retirement community.
(4)
Permitted signs:
(a)
One free standing sign not to exceed 40 square feet in area for the purpose of identifying the name of the planned retirement community. Such identification sign shall be located near the primary access road into the planned retirement community and may utilize flood light illumination, provided that the light is not directed onto adjoining property or into the eyes of passing motorists.
(b)
Additional non-illuminated signs not to exceed four square feet in area necessary to provide directions to specific buildings, parking areas, etc.
(5)
Conditional uses. The following conditional uses shall be permitted for the sole service of the PRC residents subject to the provisions of Article V of this chapter:
(6)
Minimum requirements:
(a)
Planned retirement communities shall be limited to occupancy by persons 55 years of age or older, with the following exceptions:
[1]
The husband or wife under the age of 55 whom is residing with his or her spouse who is of the age of 55 or older.
[2]
Children residing with their parent or parents, if such child (or children), is over the age of 18 and if one of the parents with whom the child or children is residing is 55 years of age or older.
[3]
Full time occupancy shall be limited to three individuals.
(b)
No building, structure or land shall be used or erected, altered, enlarged, or maintained as a planned retirement community within the Planned Retirement Community Zone unless it is in accordance with a site development plan reviewed and approved pursuant to the site plan review and/or subdivision approval provisions of the ordinance.
(c)
The minimum area for a planned retirement community shall be 100 acres, provided that an area of less than 100 acres may be added to an existing planned retirement community if contiguous thereto and in compliance with the ordinance.
(d)
The maximum residential density of a planned retirement community shall be four dwelling units per acre of residential land planned and approved pursuant to this chapter. Same shall be calculated by dividing the proposed number of dwelling units by the number of acres in the development, excluding land under permanent bodies of flowing streams of water, preexisting development of the tract and 1/2 of all land within a floodplain area as defined either in this chapter or any other ordinance of the Township of Little Egg Harbor.
(e)
Not more than 25% of the gross project area shall be covered by building or structures including accessory uses and conditional uses.
(f)
The height of any building shall not exceed 35 feet and shall be limited to 2 1/2 stories; provided, however, that water towers and attendant facilities and similar structures shall have no height limit but shall be reviewed on an individual basis.
(g)
Not less than 25% of the entire acreage of the PRC tract shall be used for a green area or open space. "Green area" or "open space," for the purpose of this subsection, is defined as those areas of the PRC tract not committed to use for residential buildings and public or private right-of-ways. There may be included in the green area those areas used for recreational purposes.
(h)
No structure or building shall contain more than four dwelling units.
(i)
No building or structure other than an entrance gatehouse, wall or fence, shall be located within 50 feet of any exterior boundary.
(j)
Minimum lot size.
[1]
Minimum lot size for single-family detached dwellings in the PRC shall be 6,000 square feet with a minimum width of not less than 60 feet.
[2]
Attached dwellings or townhouses shall have a minimum lot size of 1,500 square feet for each unit. The minimum width of such townhouse units shall be 20 feet at the building setback line.
(k)
Single-family dwelling setbacks. Front yards, side yards, and rear yards of single-family dwelling buildings shall comply with the following minimum dimensions:
[1]
Front yard setbacks shall be at least 25 feet. On a corner lot all residential buildings shall be at least 20 feet from any street upon which the lot does not front.
[2]
A side yard shall be a minimum of six feet with a total of both side yards being 16 feet on each lot. In no event, however, shall buildings be less than 14 feet apart.
[3]
Rear yard setbacks shall be at least 20 feet (except the rear yard setback of lots which have rear property lines abutting common open space shall have a minimum of 10 feet).
(m)
Minimum floor space per dwelling unit: Efficiency unit, 800 square feet; one-bedroom unit, 800 square feet; two-bedroom unit, 975 square feet; three-bedroom units, 1,000 square feet.
(n)
Off-street parking requirements shall be in accordance with the provisions of this chapter.
(o)
Front, side and rear yard setbacks for non-residential accessory and conditional use buildings and structures within the Planned Retirement Community Zone: Minimum front yard setback, 50 feet; minimum side yard setback, 35 feet; and minimum rear yard setback, 50 feet.
(7)
Plan review shall be required by the appropriate municipal agency for all proposed PRC development. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations, and compliance shall conform to the provisions as set forth in this chapter.
(8)
Streets:
(a)
Streets may be either dedicated to the public use or private in nature, at the option of the Township Committee. In any event, same shall be constructed in accordance with the provisions of N.J.A.C. 5:21 (Residential Site Improvement Standards).
(b)
With the exceptions of those roads which are required to be dedicated for public use by either the Board, the Township Committee or the County of Ocean, or unless a previously approved Master Development Plan or final plat dictate differently, all roads are to remain private roadways and are to be the property and responsibility of a homeowners' association or analogous body for the care and maintenance of the roadways, green areas and recreational facilities. Provisions shall be made for the permanent maintenance of private roadways. Private roadways shall not become the obligation of the Township of Little Egg Harbor.
(9)
Screening strips. There shall be provided an adequate screening strip along the exterior boundary lines of a PRC, which screening strip shall consist of fencing or plantings or a combination of both, the adequacy of which shall be determined by the Board.
(10)
Water and sewer facilities. No individual wells or individual sewage disposal systems shall be permitted. Each dwelling unit shall be serviced by a central water system and waste disposal system approved by the jurisdictional utility and all applicable bodies. The implementation and placement of these facilities shall be subject to the requirements of this chapter.
(11)
Maintenance of association-owned properties. The maintenance of the green areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the Nonprofit Corporation Statute of the State of New Jersey (Title 15) and formed for that purpose. The applicant shall, in the form of restrictions and covenants to be recorded, provide the title to the aforesaid enumerated areas shall be conveyed to the association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time duly adopted by-laws. Said restriction and covenants shall also provide that in the event the nonprofit association shall cease to function through lack of participation of its members or be dissolved, the Township of Little Egg Harbor shall have the right by special assessment to assess the lot owners in the development or tract, annually, a sum of money which would be sufficient to pay the taxes on the park, recreational and other areas and for the proper upkeep, maintenance and preservation of same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township Committee and except upon proper notice being given by the applicant or any other party in interest to all owners of lots in the PRC.
(12)
Recreational areas:
(a)
There shall be in each PRC at least one clubhouse or community building. There shall be at least six square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the one hundredth dwelling unit, or prior to 25%, of the proposed has been completed and a certificate of occupancy issued therefor.
(b)
Each PRC shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include, but shall not be limited to, such facilities as shuffleboard lanes, barbecue grills, picnic benches and indoor recreation facilities. Swimming pools, not less than 2,500 square feet in size shall be required. Such additional recreational facilities may be required by the Board, in its discretion, as will be beneficial to the residents of the community. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall be provided with adequate walkways. Underground irrigation shall be installed for such areas.
(c)
Where a PRC is a conventional fee simple development, covenants and restrictions and plat plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or analogous body.
(13)
Procedural requirements:
(a)
All subdivision plans and site plans shall be submitted to the Board in accordance with the requirements of this chapter.
(b)
At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted:
(c)
The documents shall be forwarded to the Board and shall be subject to the review of the Planning Board and of the Township Committee as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this subsection. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.
(d)
In addition to the foregoing, it shall be mandatory for any applicant to provide the Board and the Township Committee with copies of all submissions to be made to any state agency, pursuant to the Retirement Community Full Disclosure Act,[1] at all stages of development.
[1]
Editor's Note: See N.J.S.A. 45:22a-1 et seq.
[Amended 12-13-2007 by Ord. No. 2007-26; 6-28-2012 by Ord. No. 2012-08]
A.
The Planned Residential Development Zone, hereinafter referred to as "PRD," is defined as a community or district having one or more parcels of land with a contiguous total acreage of 100 acres forming a land block to be dedicated to the use of a multi-family and planned adult community with a minimum of 10% of the total units developed as adult housing. The purpose of the zone is to encourage adult housing and provide a means for the preservation of land areas in the Township. Particularly, in those sections of the municipality zoned for conventional small lot development. The zone offers development incentives in an effort to maximize the use of land by permitting greater densities on developed portions of the tract and requiring the dedication of areas of public/private open spaces, active recreation and adult housing units. It is the intent of this provision to encourage the preservation of land areas in their natural state, provide for active and passive open space areas in conjunction with the new residential growth and encourage innovative design techniques in the layout and development of new residential construction. Development shall be permitted on a fee simple or condominium ownership basis.
(1)
No golf course or designated open space that provides all or any portion of the developed or undeveloped open space or area requirement of an approved PRD shall be subdivided or otherwise modified as to use, size or extent for additional residential units or new commercial uses within the Planned Residential Development.
B.
Submission procedures and requirements. An applicant who elects to apply for the development of a parcel of land under the provision of the zone shall commence the processing of such an application by initiating the following steps:
(1)
The applicant shall schedule and attend a Pre-Application Conference with the New Jersey Department of Environmental Protection, Division of Coastal Resources in accordance with the Coastal Resource and Development Policies (CAFRA) to ascertain and delineate the buildable area of the tract. Those portions of the tract determined by CAFRA to be not suitable for development and which are outside any regulated wetlands may be counted towards the required minimum contiguous acreage but shall not comprise any of the required minimum buildable acreage.
C.
Permitted uses:
(1)
Detached single-family dwellings.
(2)
Detached single-family, two-family and multi-family dwelling units (townhouses) to be part of a planned adult community subject to the conditions of this subsection.
(3)
Federal, state, county, and municipal buildings and grounds, including schools, parks and playgrounds, but not garages, warehouses and storage and maintenance yards.
(4)
Essential services.
(5)
Golf courses.
F.
Other permitted accessory uses. The following accessory uses shall be permitted for the sole use or service of the planned adult community residents and their guests:
(1)
Recreational and cultural facilities for the sole use of the residents of the community and their guests including the following: clubhouse, swimming pool, shuffleboard courts and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that the applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the community and no advertising shall be permitted. Nothing in this subsection shall preclude the applicant from dedicating land and facility to Township ownership for use and enjoyment of all Township residents.
(2)
Non-commercial amusement facilities.
(3)
Buildings and structures for the maintenance or administration of the planned retirement community.
G.
Permitted signs:
(1)
Two freestanding signs located at the primary entrance to a development not to exceed 32 square feet in area for the purpose of advertising the name of the development. Flood lighting may illuminate such sign provided that the light is not directed onto adjoining property or into the eyes of passing motorists.
(2)
One lighted professional office announcement sign not exceeding two square feet in area.
(3)
One lighted sign not to exceed 20 square feet in area for each access drive to a permitted or approved conditional use, plus additional signs not to exceed four square feet in area to provide direction to a specific building or buildings and to off-street parking areas.
J.
Common open space. Every tract of land developed under the Planned Residential Development Zone shall include common open space land in accordance with the following:
(1)
Land used or deeded to public agencies for roads, streets, or utilities, including utility easements, shall not be defined as common open space. However, bodies of water located within the tract may be counted as common open space.
(2)
All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the future resident population.
(3)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 10 feet and periodically widening out into significant and usable recreation areas.
(4)
It shall be an integral part of the development and shall be located to best suit the purpose(s) for which it is intended.
(5)
Every parcel offered to and accepted by the Township shall be clearly indicated on the final plat by metes and bounds and conveyed by deed at the time final plat approval is granted and such acceptance is subject to any conditions the Township may impose. Said deeds shall contain restrictions stating what use(s) such land(s) shall be restricted.
(6)
Any lands offered to the Township shall be subject to approval by the governing body after review and recommendation by the approving Land Use Board. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands, and such existing features that may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
(7)
No land designated for open space or part of a golf course approved as part of a Planned Residential Development shall be further subdivided or otherwise modified as to use, size or extent for additional residential units or new commercial uses within the PRD or a new PRD.
K.
Common open space: standards for determination. All common open space shall be either undeveloped open space (UOS) or developed open space (DOS).
(1)
UOS shall generally be left in its natural state. To qualify as UOS, the land shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements when the natural cover is inadequate.
(2)
There shall be no development of any kind of UOS land, except the following: footpath, jogging trail, bicycle path, nature walk, nature preserve, ecological areas, buffer, body of water, trees, shrubs and other plants, lighting, and retaining walls and other features necessary to protect the land or people who will use the land.
(a)
Minimum percentage required. At least 12.0% of the gross project area shall consist of undeveloped open space.
(b)
Developed open space; standards for determination. DOS is intended to serve the active and passive recreation needs of the residents of the community. DOS differs from UOS in that the former requires regular maintenance for the upkeep of equipment and/or vegetation. In no case shall any part of the DOS be of such size and shape as to be unsuited for the intended use. DOS shall be included in the buildable project area.
(3)
All lands set aside for DOS shall be developed with active and passive recreational facilities to service the needs of the future resident population. The following are permitted use(s) of DOS land:
(a)
Sitting areas, footpaths, jogging trails, nature walks, playfields, game courts, playgrounds, tot lots, swimming pools, bath houses, beach areas, community centers, garden plots for use of residents.
(b)
To encourage the retention or creation of ponds and lakes for aesthetic and/or recreational purposes, 20% of the area of any ponds or lakes included in the buildable project area may be counted upon request of the applicant, as DOS.
(4)
Minimum percentage required. At least 3.0% of the buildable project area shall consist of developed open space consistent with the following:
(a)
Required playground space. Children's playground with a total area of at least 100 square feet times the number of dwelling units in the project shall be constructed and considered as part of DOS. Outdoor play equipment such as swings, slides, jungle gyms, etc., shall be installed in these playgrounds in sufficient amount and variety to service the resident children. Baseball, football and soccer fields shall not be considered as playground space for the purpose of this subsection.
(b)
Recreation for the elderly. Where dwelling units are designed for and are to be occupied exclusively by elderly persons, a proportion of the playground space required herein may be equipped with outdoor recreation equipment suitable for elderly persons.
(c)
Location of recreation space. All recreation space to be provided in accordance with the above shall be located within convenient walking distance of the residence it is intended to serve.
(d)
Installation, timing and development of recreation space: No certificate of occupancy shall be issued for any dwelling until 100 square feet of recreation space attributable to that dwelling unit has been completed and restricted be deed. Additionally, DOS and recreational facilities shall proceed at the same rate as development of the dwelling units. To ensure compliance with this section, the Construction Official shall, from time to time, following the approval of the development, review building permits and shall make an inspection of open space and recreational facilities to examine the work taking place on the site. If the Construction Official shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, they shall report back to the Township Committee, which may take such action as it may deem appropriate, including the issuance of stop-work notices or revocation of building permits until such time as parity in development has been reached.
L.
General UOS and DOS development standards and criteria:
(1)
The Board may require a developer to make certain site preparation improvements part of the plan and are noted therein. Same may include the following:
(a)
Removal of dead trees or diseased trees.
(b)
Thinning of trees or other growth to encourage more desirable growth.
(c)
Removal of trees in areas planned for ponds, lakes or active recreational facilities. The Board may require the assistance of experts to determine the foregoing.
(d)
Grading and seeding.
(e)
Improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
(2)
Wherever possible, all of the following land areas and features shall be preserved as open space:
(3)
The configuration of the open space areas shall be so arranged that connections can be made to existing or future adjacent open spaces.
N.
Townhouse general standards:
(1)
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories.
(2)
Area and yard requirements:
(a)
The minimum townhouse area to be dedicated for use shall be 10 acres including the areas of existing streets and water areas within the tract boundary lines. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
The minimum tract building setbacks for townhouses shall be as follows:
Front | 75 feet |
Side | 30 feet |
Rear | 30 feet |
(b)
Minimum building yard areas for townhouses shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. The minimum yards shall be 40 feet for front yards, 25 feet for side yards and 50 feet for rear yards. No building as measured radially from any corners shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveways or vehicular access width being in addition to the combined side yard width. No building shall be located closer than 50 feet to the future right-of-way line of any existing public street.
(3)
No townhouse structure shall be more than four dwelling units in any unbroken building line. A setback of not less than four feet shall be deemed a satisfactory break in the building line.
(4)
All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of a typical unit shall be required. Any room other than kitchen, bathroom, closet, or combined living/dining room shall be counted as a bedroom for purposes hereof.
(5)
Land area equal to at least 150 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development, such areas shall be an integral part of the development, and each shall be at least 10,000 square feet in size, at least 75 feet wide, and have a grade less than 5%.
(6)
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as ensuring that the capacity of any natural or man-made drainage system is deficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(8)
Plan review shall be required by the appropriate municipal agency on townhouses. All submissions, review procedures, development review fee, site plan regulations, permits and approvals, design and performance standards, zoning district regulations, and compliance shall conform to the provisions as set forth in this chapter.
O.
Townhouses.
(1)
Within the PRD district allowing townhouses, no townhouse development shall take place unless the following minimum standards are met, in addition to the other requirements of this chapter:
(a)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.
(b)
All dwelling units shall be connected to approved and functioning public water and sanitary systems prior to the issuance of a certificate of occupancy.
(c)
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed 20% of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed 35% of the tract.
(d)
No townhouse dwelling unit shall be less than 20 feet wide. Building coverage shall not exceed 20% of the tract area. Number of dwelling units in one building shall not exceed eight.
(e)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
(f)
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, street lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest (including recreational facilities) shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, and adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Little Egg Harbor after approval by the Township Attorney as to form and surety, for a period of no more than one year, during which time the landscaping improvements shall be completed, or the bond will be forfeited. This section shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
P.
Attached single-family general standards (within Planned Residential Development District).
(1)
Attached patio homes or twin units built on a zero lot line concept shall be permitted provided there are no more than two dwelling units per structure and the following minimum requirements are met:
(a)
Minimum lot area: 6,500 square feet.
(b)
Minimum lot width: 65 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 30 feet.
(e)
Minimum side yard setback: zero feet.
(f)
Minimum combined side yards: 15 feet.
(g)
Minimum rear yard setback: 20 feet.
(h)
Minimum accessory building side and rear yard setback: five feet.
(i)
Maximum building height: 35 feet.
(j)
Maximum percent building lot coverage: 30%.
Q.
Detached single-family general standards.
(1)
Within the planned residential development. Single-family detached units shall be built in accordance with and in compliance with the area, yard, and bulk requirements of R-50 Residential Zone as specified in § 215-4.14, except that the minimum lot area shall be 6,500 square feet, the minimum lot width shall be 65 feet and the minimum front yard setback shall be 30 feet.
R.
Minimum requirements of planned adult community within the PRD:
(1)
Planned retirement communities shall be limited to occupancy by persons 55 years of age or older, with the following exceptions:
(a)
The husband or wife under the age of 55 who is residing with his or her spouse who is of the age of 55 years or older.
(b)
Children residing with their parent or parents, if such a child (or children) is over the age of 18 and if one of the parents with whom the child or children is residing is 55 years of age or older.
(c)
Full time occupancy shall be limited to three individuals.
(2)
No building, structure or land shall be used or erected, altered, enlarged, or maintained as a planned retirement community within the Planned Retirement Community Zone unless it is in accordance with a site development plan reviewed and approved pursuant to the site plan review and/or subdivision approval provisions of the section.
(3)
The minimum area of land within the development to be dedicated to the planned residential development shall be 30 acres.
(4)
The maximum permitted net residential density of a planned retirement community shall be six dwelling units per acre of residential land planned and approved pursuant to this chapter. Same shall be calculated by dividing the proposed number of dwelling units by the number of acres in the development, excluding land under permanent bodies of flowing streams of water, pre-existing development of tract and one-half of all land within a floodplain area as defined either in this chapter or any other ordinance of the Township of Little Egg Harbor.
(5)
Not more than 25% of the gross project area shall be covered by buildings or structures, including accessory uses and conditional uses.
(6)
The height of any building shall not exceed 35 feet and shall be limited to 2 1/2 stories; provided, however, that water towers and attendant facilities and similar structures shall have no height limit but shall be reviewed on an individual basis.
(7)
Not less than 15% of the entire acreage of the PRD tract shall be used for a green area or open space. "Green area" or "open space," for the purpose of this subsection, is defined as those areas of the PRD tract not committed to use for residential buildings and public or private rights-of-way. There may be included in the green area those areas used for recreational purposes.
(8)
No structure or building shall contain more than four dwelling units.
(9)
No building or structure other than an entrance gatehouse, wall or fence, shall be located within 50 feet of any exterior boundary.
(10)
Minimum lot size:
(a)
Minimum lot size for single-family detached dwellings in the PRD shall be 6,500 square feet with a minimum width of not less than 65 feet.
(b)
Attached dwellings or townhouses shall have a minimum lot size of 1,500 square feet for each unit. The minimum width of such townhouse units shall be 20 feet at the building setback line.
(11)
Single-family dwelling setbacks. Front yards, side yards, and rear yards of single-family dwelling buildings shall comply with the following minimum dimensions:
(a)
Front yard setbacks shall be at least 25 feet. On a corner lot, all residential buildings shall be at least 20 feet from any street upon which the lot does not front.
(b)
A side yard shall be a minimum of six feet with a total of both side yards being 16 feet on each lot. In no event, however, shall buildings be less than 14 feet apart.
(c)
Rear yard setbacks shall be at least 25 feet.
(13)
Minimum floor space per dwelling unit: Efficiency unit, 675 square feet; one-bedroom unit, 800 square feet; two-bedroom unit, 975 square feet; three-bedroom unit, 1,000 square feet.
(14)
Off-street parking requirements shall be in accordance with the provisions of this chapter.
(15)
Front, side, and rear yard setbacks for nonresidential accessory and conditional use buildings and structures within the Planned Retirement Community Zone: minimum front yard setback, 50 feet; minimum side yard setback, 35 feet; and minimum rear yard setback, 50 feet.
(16)
All planned adult communities shall provide recreational facilities and/or community amenities for the exclusive use of its residents and their guests. Such recreational facilities and/or community amenities shall include as a minimum the following:
(a)
A clubhouse or indoor recreation/multi-purpose facility with a minimum floor area of five square feet per dwelling unit within the planned adult community, with a minimum size of 1,500 square feet.
(b)
Outdoor active recreational facilities that may include, but shall not be limited to, tennis courts, swimming pools, bocce courts and walking trails. Such active recreation shall be provided at a minimum of 10 square feet per dwelling unit in the planned adult community.
S.
Streets.
(1)
Streets may be either dedicated to the public use or private in nature, at the option of the Township Committee or Planning Board. In any event, same shall be constructed in accordance with the provisions of the Subdivision Ordinance of the Township of Little Egg Harbor.
T.
Screening strips. There shall be provided an adequate screening strip along the exterior boundary lines of a PRD. This screening strip shall consist of fencing or plantings or a combination of both, the adequacy of which shall be determined by the Board.
U.
Water and sewer facilities. No individual wells or individual sewerage disposal systems shall be permitted. Each dwelling unit shall be serviced by a central water system and waste disposal system approved by the jurisdictional utility and all applicable bodies. The implementation and placement of these facilities shall be subject to the requirements of this chapter.
V.
Maintenance of association owned properties. The maintenance of the green areas, private roads, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the Nonprofit Corporation Statute of the State of New Jersey (Title 15) and formed for that purpose. The applicant shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to the association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time duly adopted by-laws. Said restrictions and covenants shall also provide that in the event the nonprofit association shall cease to function through lack of participation of its members or be dissolved, the Township of Little Egg Harbor shall have the right by special assessment to assess the lot owners in the development or tract, annually, a sum of money which would be sufficient to pay the taxes on the park, recreational and other areas and for the proper upkeep, maintenance and preservation of same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township Committee and except upon proper notice being given by the applicant or any other party in interest to all owners of lots in the PRD.
W.
Procedural requirements.
(1)
All subdivision plans and site plans shall be submitted to the Board in accordance with the requirements of this chapter.
(2)
At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted:
(3)
The documents shall be forwarded to the Board and shall be subject to the review of the Planning Board and of the Township Committee as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this subsection. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.
(4)
In addition to the foregoing, it shall be mandatory for any applicant to provide the Board and the Township Committee with copies of all submissions to be made to any state agency, pursuant to the Retirement Community Full Disclosure Act,[1] at all stages of development.
[1]
Editor's Note: See N.J.S.A. 45:22a-1 et seq.
X.
General standards and supplementary requirements:
(1)
Building lot standards. Whenever possible, buildings shall front on cul-de-sacs, loop street or P-loops. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.
(2)
Utilities. All utilities shall be underground, and water and sewerage facilities shall be centralized, with no individual wells, septic tanks or cesspools permitted.
(3)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(4)
Streets shall be public or private at the dedication of the Township Committee and Planning Board. All streets shall comply with the minimum design and construction standards specified in N.J.A.C. 5:21 (Residential Site Improvement Standards).
(5)
There shall be no parking along any private streets in the development and "NO PARKING" signs shall be posted at the applicant's expense.
(6)
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, street lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest (including recreational facilities), shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of improvements, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Little Egg Harbor for a period of no more than one year, during which time said improvements shall be completed, or the bond will be forfeited. This section shall not be construed as relieving the developer of the performance bond requirements in accordance with this section.
(7)
Buffers. Along all boundary lines of the PRD a 50-foot buffer shall be required. Where said buffer in wooded, it shall be left in its natural state, but if and where there is insufficient vegetative growth to provide an adequate screening said buffer shall be planted in accordance with § 215-11.7 of this chapter.
Between any differing uses or activities within a project the requirements for screening, planting, buffering or any other protective or transitional features shall be no less than required under normal zoning provisions for any similar use or adjoining use.
Where attached single-family residential development in a project adjoins detached single-family residential homes without an intervening major street or permanent open space at least 50 feet in width, the portion of the perimeter of the development so adjoining shall provide for a 50-foot planted buffer. If said buffer is presently wooded, it shall remain in its natural state.
(8)
Unless specified differently herein, all development under the Planned Residential Development Zone shall comply with the minimum standards of § 215-4.16 of this chapter.
(9)
Parking. Parking to be provided in accordance with N.J.A.C. 5:21 (Residential Site Improvement Standards) and this chapter.
(10)
Sidewalks. Sidewalks to be provided in accordance with N.J.A.C. 5:21 (Residential Site Improvement Standards) and this chapter.
(13)
Performance guarantees. Performance guarantees, releases, inspection fees, and maintenance guarantees shall comply with the requirements of Article XVII of this chapter.
(15)
Submission procedures and application fees. All subdivision or site plan applications submitted under the provisions of this chapter shall be submitted in accordance with the rules, regulations, standards and plat details requirements for tentative (preliminary) and final major subdivision approval as set forth in Article XV of this chapter. The application fees for final approval shall be in conformance with the present fee schedule.
(16)
Final approval. In the case of a condominium development where lots are not sold on a fee simple basis, the developer shall file a final plat in accordance with the Map Filing Law[2] showing a metes and bounds description of the perimeter of the tract and any and all lands, roads, easements, etc., dedication to the Township of Little Egg Harbor or the homeowners' association established under the provisions of this chapter.
[2]
Editor's Note: See N.J.S.A. 46:26b-1 et seq.
Y.
Abandonment. In the event that a plan or a section thereof is given final approval and thereafter the applicant shall abandon that plan or the section thereof that has been fully approved, the applicant shall so notify the Planning Board in writing. In the event the applicant shall fail to commence the development within 18 months, the time period is extended by the Planning Board upon written application of the applicant.
If, at any time following the commencement of a development, the applicant has done no work, or filed no application for the next scheduled stage, for a period exceeding 18 months, the Planning Board may schedule a meeting with the applicant, and at any time after the date of that meeting, may terminate the final approval.
Z.
Required findings by the Planning Board. Prior to the granting of tentative approval under the provisions of the Planned Residential Development Zone, the Planning Board must find that:
(1)
Sanitary sewer collection and treatment facilities are available to and are to be provided to the proposed development.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(4)
Open space to be created by the proposal must be suitable for passive and active recreation uses and/or valuable for the protection of the natural environment and necessary for a public or quasi-public purpose.
(5)
There is reasonable assurance that the improvements and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.
(6)
The proposal is consistent with the intent and purposes of the Master Plan.
(7)
The densities will not exceed the provisions of this chapter.
(8)
There is an equal relationship between the development of dwelling units and UOS and DOS such that should one or more sections of the project not be built, each section will independently meet the open space and density requirements of this chapter.
AA. BUILDABLE AREA DEVELOPED DENSITY GROSS SITE AREA MAXIMUM NUMBER OF DWELLING UNITS PERMITTED TOTAL TRACT ACRES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Shall mean the portion or portions of the gross site area, exclusive of any and all wetlands and other regulated non-developable lands, upon which all building will take place and upon which the developed density shall be calculated. The buildable area shall be expressed in acres and fractions thereof.
Shall mean the total number of dwelling units that can be constructed or will be constructed on the buildable area and expressed in terms of dwelling units per buildable area for the Planned Residential Development Zone.
Shall mean the total area of a lot(s), parcel(s) or tract of land, expressed in acres and fractions thereof, exclusive of any and all wetlands which are a part of the property in question.
Shall mean the total number of dwelling units that can be constructed on the buildable area which is obtained by multiplying the gross site area by the specified number of dwelling units per acre for the Planned Residential Development Zone.
Shall mean the total area, expressed in acres and fractions thereof, of a parcel or parcels of land which is the subject of an application submitted under the provisions of the land preservation development options wetlands shall be expressed in acres and fractions thereof.
D.
Permitted signs:
(1)
One freestanding sign located at the primary entrance to a development not to exceed 32 square feet in area for the purpose of advertising the name of the development. Such sign may be illuminated by flood lighting provided that the light is not directed onto adjacent property or into the eyes of passing motorists.
(2)
One lighted professional office announcement sign not more than two square feet in area.
(3)
One lighted home occupation announcement sign not exceeding two square feet in area.
(4)
One lighted sign not to exceed 20 square feet in area for each access drive to a permitted or approved conditional use, plus additional signs not to exceed four square feet in area to provide direction to a specific building or buildings and to off-street parking areas.
F.
Townhouse general standards:
(1)
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories.
(2)
Area and yard requirements:
(a)
Detached single-family dwellings shall be constructed in accordance with the bulk, area, and yard requirements of the R-75 District and all other applicable rules, regulations and standards of the zone.
(b)
The minimum tract size shall be five acres including the areas of existing streets and water areas within the tract boundary lines provided they total no more than 2% of the tract area. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
(c)
Minimum building yard areas for townhouses shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. The minimum yards shall be 40 feet for front yards, 25 feet for side yards and 50 feet for rear yards. No building as measured radially from any corners shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width. No building shall be located closer than 50 feet to the future right-of-way line of any existing public street.
(d)
No townhouse structure shall be more than four dwelling units in any unbroken building line. A setback of not less than four feet shall be deemed a satisfactory break in the building line.
(e)
All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of typical unit shall be required. Any room other than kitchen, bathroom, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.
(f)
Land area equal to at least 250 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and each shall be at least 10,000 square feet in size, at least 75 feet wide and have a grade less than 5%.
(g)
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or re-establish the tone of the vegetation in the areas and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as ensuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(5)
Plan review shall be required by the appropriate municipal agency. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations, and compliance shall conform to the provisions as set forth in this chapter.
G.
Townhouses:
(1)
Within the MF District allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the other requirements of this chapter:
(a)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.
(b)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(c)
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed 20% of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed 35% of the tract.
(d)
No townhouse dwelling shall be less than 20 feet wide. Building coverage shall not exceed 20% of the tract area. Number of dwelling units in one building shall not exceed eight.
(e)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit of the laundering and artificial drying of laundry of occupants of each dwelling unit.
(f)
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, street lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest (including recreational facilities) shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements, only an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Little Egg Harbor Township after approval by the Township Attorney as to the form and surety, for a period of no more than one year, during which time the landscaping improvements shall be completed, or the bond will be forfeited. This subsection shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
H.
Senior citizen housing:
(1)
Within the MF District, as a planned unit development on parcels containing a minimum of 50 acres, senior citizen residences in the form of single-family detached dwelling are permitted. Such housing shall be restricted to principal occupants of age 55 years or older, with the following exceptions: the husband or wife under the age of 55 who is residing with his or her spouse who is the ago of 55 years or older; children residing with their parent or parents, if such child (or children) is over the age of 18 and if one of the parents with whom the child or children is residing is 55 years of age or older; and full-time occupancy shall be limited to three individuals. In addition, senior citizen assisted-living facilities shall be permitted to a maximum number of 100 beds per facility. Assisted-living facilities shall also be restricted to principal occupants aged 55 years or older.
(2)
Single-family detached housing shall comply with the following bulk area and yard requirements:
(a)
Minimum lot area: 6,000 square feet required.
(b)
Minimum lot width: 60 feet required.
(c)
Minimum lot depth: 100 feet required.
(d)
Minimum front yard: 20 feet required.
(e)
Minimum side yard: five feet required.
(f)
Minimum combined side yards: 15 feet required.
(g)
Minimum rear yard: 20 feet required.
(3)
Assisted-living housing shall be designed in accordance with the following standards:
(a)
Structures for assisted-living units shall be located a minimum of 25 feet from tract boundaries, including existing and proposed public right-of ways.
(b)
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to service.
(c)
Parking shall be provided at a minimum rate of 0.5 space per unit.
(d)
A landscaped buffer of at least 25 feet shall be provided between assisted-living buildings and adjoining single-family residential limits.
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Antique shop.
(2)
Appliance store.
(3)
Art/graphic/photo supply store.
(4)
Artist/photo store.
(5)
Bakery.
(6)
Bank and financial institution.
(7)
Barbershop or beauty/hair salon.
(8)
Bookstore.
(9)
Business office.
(10)
Candy store.
(11)
Clothing/dry goods store.
(12)
Convenience store.
(13)
Gift store.
(14)
News/magazine store.
(15)
Produce market.
(16)
Ice cream parlor.
(17)
Delicatessen.
(18)
Dry cleaners.
(19)
Municipal parks, playgrounds and other such municipal buildings and uses as are deemed appropriate and necessary by the Township Committee.
(20)
Essential services.
B.
Permitted accessory uses of buildings and structures are as follows:
(6)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
D.
Signs:
(1)
One freestanding sign located at the primary entrance to a development not to exceed 32 square feet in area for the purpose of advertising the name of the development. Such sign may be illuminated by flood lighting, provided that the light is not directed onto adjoining properties or into the eyes of passing motorists.
(2)
One sign shall be permitted for each permitted use and may be an illuminated, business sign, providing that the total area of any sign should not exceed 150 square feet. Such signs shall be displayed so as not to project more than 12 inches from the surface of the building or beyond the ends of the building.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot width: 120 feet.
(3)
Minimum lot depth: 125 feet.
(4)
Minimum front yard setback: 60 feet.
(a)
The front yard setback may be decreased to the existing prevailing setback of adjoining buildings on the same street and within the same block, but in any event shall not be less than 30 feet.
(5)
Minimum side yard setback: 15 feet.
(6)
Minimum combined side yard setback: 30 feet.
(7)
Minimum rear yard setback: 30 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 40 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 50%.
[Amended 12-27-2001 by Ord. No. 2001-035; 6-27-2002 by Ord. No. 2002-017; 8-8-2002 by Ord. No. 2002-30; 12-23-2002 by Ord. No. 2002-043; 6-9-2005 by Ord. No. 2005-14]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
All principal uses permitted in the NB Neighborhood Business Zone.
(2)
Art, dance, gymnastics, music, or other similar instructional school.
(3)
Auto parts store, excluding, however, auto repair shops and installation services.
(4)
Bar/cocktail lounge/nightclub.
(5)
Bicycle sale, repair or rental establishment.
(6)
Bowling alley.
(7)
Commercial office.
(8)
Building materials retail sales establishment.
(9)
Commercial retail use.
(10)
Contractor's office, showroom, garage, warehouse and shop; provided, however, that all materials and equipment are stored within a completely enclosed building.
(11)
Department store.
(12)
Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and necessary by the Township Committee.
(13)
Federal, state, county, and other public buildings and grounds; including public schools, parks, playgrounds or other recreational uses and areas.
(14)
Funeral home.
(15)
Furniture store.
(16)
Garden center.
(17)
Indoor commercial health/recreational facility.
(18)
Nurseries and greenhouses.
(19)
Personal and professional service establishments.
(20)
Pet shop; excluding, however, the boarding or treatment of animals.
(21)
Printing, lithography, publishing or photocopying establishment.
(22)
Restaurant with or without a liquor license.
(23)
Shopping centers.
(24)
Shops of artisans, carpenters, craftsmen, electricians, painters, plumbers, printers or other similar trade.
(25)
Sign shop.
(26)
Nursing home.
(27)
Supermarket.
(28)
Theater (indoor only).
(29)
Vocation/trade school.
(30)
Outside boat storage provided, however, that there shall be no boats placed or stored within 10 feet of any property line and the boat storage is not within any required parking area. Such screening may consist of fence, walls, natural vegetation and landscaping, or combination thereof, and shall be specifically approved by the Planning Board. Open rack storage is prohibited.
(31)
Combinations of two or more of the above permitted uses.
(32)
Other uses similar to those above.
B.
Permitted accessory uses of buildings and structures are as follows:
(6)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
C.
Conditional uses subject to the provisions of Article V of this chapter, are as follows:
(1)
Automobile repair shop (motor vehicle repair shop).
(2)
Automobile sales establishment for new or used cars.
(3)
Automobile service station (gas station or motor vehicle service station).
(4)
Car wash.
(5)
Churches and places of worship.
(6)
Commercial recreation activities.
(7)
Health-care facility.
(8)
Hotel or motel.
(9)
Mini-storage facility.
(10)
Public utilities.
(11)
Veterinary clinic hospital or animal care facility.
(13)
Boat repair shop and boat storage.
D.
Signs:
(1)
Same as permitted in NB Neighborhood Business Zone.
(2)
Only wall mounted signs shall be permitted for each permitted use, and may be an illuminated, business sign, provided that the total area of any sign shall not exceed 150 square feet. Such signs shall be displayed so as not to project more than 12 inches from the surface of the building or beyond the ends of the building.
(3)
Identification signs. Freestanding signs may be erected to identify a shopping center and to list individual occupants, provided that not more than one such sign shall be erected for each 300 feet of frontage on a public street and, further provided, that the aggregate area of all sides of any such signs shall not exceed 200 square feet. Such signs may be illuminated, but shall not be of the flashing type, shall not exceed 1 1/2 times the height of the principal building, not to exceed 35 feet, shall not be located within 50 feet of a public street or parking area exits or entrances or within 200 feet of the boundary of a residence zone, and shall in no way interfere with the safe functioning of any traffic control signal or directional device.
(4)
Directional signs (ingress). One freestanding sign may be erected at each driveway which provides a means of ingress for off-street parking facilities on the premises, shall relate only the name of the use of the facility and appropriate traffic instructions, shall not exceed 10 square feet in area for each of two faces, shall be mounted so as not to obstruct vision for a height of seven feet above ground lever, and shall not exceed 10 feet in height.
(5)
Direction signs (egress). Freestanding signs may be erected on the premises for the purpose of providing directions to traffic leaving the premises, shall not exceed 10 square feet in area on each of two sides, shall be mounted so as not to obstruct vision for a height of seven feet above ground level, and shall not exceed 10 feet in height.
(6)
Traffic control signs. Freestanding signs may be erected which are necessary to control and regulate the movement of traffic on the interior roadways on the premises, provided the number and location of such signs are approved by the Planning Board. Such signs shall not exceed four square feet in area, and shall not exceed a height of six feet.
(7)
Parking lot signs. Freestanding signs may be erected within the parking areas to identify particular areas or sections of the parking lot, provided that not more than one such sign shall be permitted for each 40,000 square feet of parking area, and further provided that such signs shall not exceed an area of three square feet on each of four faces, nor exceed a height of 25 feet. In addition, freestanding signs may be erected at each of a parking aisle for identification purposes, provided that such signs shall not exceed one square foot in area, nor exceed a height of 11 feet. All of the above described signs must be mounted not less than seven feet above the ground.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 22,500 square feet.
(2)
Minimum lot width: 150 feet.`
(3)
Minimum lot depth: 150 feet.
(4)
Minimum front yard setback: 70 feet.
(5)
Minimum side yard setback: 20 feet.
(6)
Minimum combined side yard setback: 40 feet.
(7)
Minimum rear yard setback: 40 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 40 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 50%.
[Amended 12-27-2001 by Ord. No. 2001-035]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
All principal uses permitted in the NB Neighborhood Business Zone.
(2)
Art, dance, gymnastics, music, or other similar instructional school.
(3)
Auto parts store, excluding, however, auto repair shops and installation services.
(4)
Bar/cocktail lounge/nightclub.
(5)
Bicycle rental, repair or sales establishment.
(6)
Bowling alley.
(7)
Building materials retails sales establishment; excluding, however, lumberyards, or similar uses requiring outdoor storage.
(8)
Commercial office.
(9)
Commercial retail use.
(10)
Contractor's office, showroom, garage, warehouse and shop; provided, however, that all materials and equipment are stored within a completely enclosed building.
(11)
Department store.
(12)
Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and necessary by the Township Committee.
(13)
Federal, state, county, and other public buildings and grounds; excluding however, public schools, parks, playgrounds or other recreational uses and areas.
(14)
Funeral home.
(15)
Furniture store.
(16)
Garden center.
(17)
Indoor commercial health/recreational facility.
(18)
Nurseries and greenhouses.
(19)
Personal and professional service establishments.
(20)
Pet shop; excluding, however, the boarding or treatment of animals.
(21)
Printing, lithography, publishing or photocopying establishment.
(22)
Restaurant with or without a liquor license.
(23)
Shopping centers.
(24)
Shops of artisans, carpenters, craftsmen, electricians, painters, plumbers, printers or other similar trades.
(25)
Sign shop.
(26)
Supermarket.
(27)
Theater (indoor only).
(28)
Vocation/trade school, operated for profit.
(29)
Combinations of two or more of the above permitted uses in one principal building.
(30)
Other uses similar to those above.
B.
Permitted accessory uses of buildings and structures are as follows:
(6)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
C.
Conditional uses subject to the provisions of Article V of this chapter, are as follows:
(1)
Automobile repair shop (motor vehicle repair shop).
(2)
Automobile sales establishment for new or used cars.
(3)
Automobile service station (gas station or motor vehicle service station).
(4)
Car wash.
(5)
Churches and places of worship.
(6)
Commercial recreation activities.
(7)
Drive-in restaurant.
(8)
Health-care facility.
(9)
Hotel or motel.
(10)
Mini-storage facility.
(11)
Public utilities.
(12)
Veterinary clinic hospital or animal care facility.
E.
Area, yard and building requirements:
(1)
Minimum lot area: one acre or 43,560 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 70 feet.
(5)
Minimum side yard setback: 25 feet.
(6)
Minimum combined side yard setback: 50 feet.
(7)
Minimum rear yard setback: 40 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 40 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 50%.
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Boat yard for the repair and service of boats, excluding new boat construction.
(2)
Marinas.
(3)
Boat sales and showrooms.
(4)
Retail and wholesale sale of boating supplies.
(5)
Restaurants, and other eating establishments, excluding drive-in and fast food restaurants.
(6)
Waste pump-out facilities.
(7)
Essential services.
B.
Accessory uses of buildings and structures are as follows:
(4)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
D.
Signs:
(1)
One sign shall be permitted for each permitted use, and may be an illuminated, business sign, provided that the total area of any sign should not exceed 150 square feet. Such signs shall be displayed so as not to project more than 12 inches from the surface of the building or beyond the ends of the building.
E.
Area, yard and building requirements:
(1)
Minimum lot area: 12,000 square feet.
(2)
Minimum lot width: 120 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 40 feet.
(5)
Minimum side yard setback: 15 feet.
(6)
Minimum combined side yard setback: 30 feet.
(7)
Minimum rear yard setback: 20 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 35 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 50%.
[Amended 12-27-2001 by Ord. No. 2001-035]
A.
Permitted principal uses of buildings and structures are as follows:
(1)
The fabrication, assembly, or processing of goods and materials or the storage of bulk goods and materials, where such activities and materials create no significant hazard from fire or explosion or produce no toxic or corrosive fumes, gas smoke, obnoxious dust, or vapor, offensive noise or vibration, glare, flashes, or objectionable effluent.
(2)
Business, professional and governmental offices.
(3)
Warehouse and storage of goods.
(4)
Contractor's office, showroom, garage, warehouse, and shop; provided, however, that all materials are stored within a completely enclosed building.
(5)
Contractors or craftsmen shop or equipment storage area, including general repair shop, except automobile dismantling or cannibalizing.
(6)
Wholesale trade and distribution, excluding used automobiles.
(7)
Wholesale building supply yards, lumber yards, yards of contractors in the construction and building trades and similar operation requiring bulk storage of materials and equipment, such as building construction supplies and the equipment.
(8)
Medical and dental laboratories.
(9)
Research and testing laboratories.
(10)
Mailing, reproduction, commercial art and photography and stenographic services.
(11)
Printing, lithography, publishing or photocopying establishment.
(12)
Essential services.
B.
Permitted accessory uses of buildings and structures are as follows:
(6)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
E.
Area, yard and building requirements:
(1)
Minimum lot area: one acre or 43,560 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 80 feet.
(5)
Minimum side yard setback: 50 feet.
(6)
Minimum combined side yard setback: 100 feet.
(7)
Minimum rear yard setback: 50 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 40 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 50%.
A.
Permitted uses:
(2)
Public and non-profit or limited dividend housing for elderly persons. Such housing shall be referred to as senior citizen housing and shall be located and designed to serve the special needs and habits of such persons and shall contribute to their dignity and independence.
(3)
For the purposes of this section, "Public and Non-Profit Limited Dividend Housing for the Elderly" shall be deemed to mean dwelling units intended and specifically designed to provide well-constructed and adequate housing for elderly persons having low or moderate income, which housing shall conform to all the requirements and guidelines established by the U.S. Department of Housing and Urban Development of the New Jersey Housing and Finance Agency, whichever are more stringent, with respect to cost limitation, construction, rental costs, selling prices, and other standards for low and moderate income senior citizen housing; and further provided that the applicant for construction of such housing in order that shelter costs shall be initiated and maintained at the lowest feasible costs. Such housing shall be occupied by individuals, 55 years of age or older, one person under age 55 may reside in a dwelling unit with an elderly person or persons as permitted above if the presence of such person is essential to the physical care or economic support of the elderly person or persons. Such dwelling units shall be attached dwelling grouped together in one or more multi-unit buildings. Each dwelling unit shall consist of complete living accommodations, including cooking, sleeping, bathroom and storage facilities.
B.
Permitted accessory uses:
(1)
For general business uses, same as specified in § 215-4.19, exclusive of swimming pools and home occupations.
(2)
For senior citizen housing, one or more of the following:
(a)
One dwelling unit for a resident manager and his or her family who may or may not be 55 years of age or older;
(b)
Health facilities;
(c)
Dispensary;
(d)
Indoor and outdoor recreational facilities;
(e)
Worship facilities;
(f)
Living and dining area for the common use of project residents;
(g)
Central kitchen facilities where food may be prepared for service either in a common dining area or for distribution to individual dwelling units, however, such central kitchen facilities shall not be used by the residents for the preparation of their own individual needs;
(h)
An assembly or meeting room;
(i)
An outdoor storage shed for the storage of seasonal maintenance equipment;
(j)
Garden plots for the use of individual tenants.
C.
Permitted uses:
(2)
For senior citizens housing, one freestanding sign located at the primary entrance to the project and within the required front yard and outside of any sight triangle easements. Said sign shall not exceed 32 square feet in area for the purpose of advertising the name of the project. Such sign may be illuminated by flood lighting, provided that the light is not directed onto adjoining property or into the eyes of passing motorists.
(3)
Customary traffic control, circulation and directional signs.
E.
Area, yard and building requirements:
(2)
For senior citizen housing, the area, yard and building requirements shall be as specified below:
(a)
Minimum lot area: 87,120 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback: 50 feet.
(e)
Minimum side yard setback: 20 feet.
(f)
Minimum rear yard setback: 40 feet.
(g)
Maximum height: 35 feet.
(h)
Maximum number of dwelling units: 24 per acre.
(i)
Maximum percent coverage of all buildings: 20%.
F.
Other requirements:
(1)
There shall be provided off-street parking of at least 1/2 space for each one dwelling unit.
(2)
At least 50% of the selling units shall have one bedroom per unit, the remainder shall be efficiency or two bedroom units.
(3)
Said project shall be served by complete water, sewer, telephone and gas and/or electrical facilities. All these services shall be placed underground.
(4)
No dwelling shall be constructed below grade.
(5)
There shall be access, at least emergency access, to all sides of the building for emergency and fire equipment.
(6)
Wherever practical and feasible, sites shall be located within 0.25 miles of arterial roadways and such community facilities as public transportation, hospital or medical facilities, shopping, religious, cultural and recreational facilities.
(7)
Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling. Handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5%. Single riser grade changes in walk shall not be permitted. Outdoor area available to the residents shall permit older persons to move about without danger and with minimum effort. A barrier free design shall be provided.
(8)
The project design shall be functional and provide for the safety, health and general welfare of occupants of this age group.
(9)
Individually secured storage space for the occupants' use and storage space for equipment and supplies for the operation and maintenance shall be provided in suitable locations within the project.
(10)
Adequate facilities shall be provided for the removal of snow, trash, garbage, and for general maintenance of the project.
(11)
Portions of all front, rear and side yards which are not being used for driveways, sidewalks, parking or loading, accessory buildings or recreation areas shall be planted with trees, shrubs, plants, and lawns or ground cover in order to ensure the screening, buffering, and attractiveness of the project. Where possible, the first six or 10 feet of the required rear and side yards shall contain a heavy planting of trees, shrubs and plants.
(12)
Unless specified otherwise herein, the project shall comply with all other provisions of the chapter with respect to improvements, performance and maintenance guarantees, design standards, permits and approvals, fees, approval procedures, supplementary design and performance standards, etc.
A.
Permitted principal uses of buildings and structures are as follows:
(1)
Marinas.
(2)
Boat sales and showrooms.
(3)
Retail and wholesale sale of boating supplies.
(4)
Restaurants, and other eating establishments, excluding drive-in and fast food restaurants.
(5)
Attached single-family townhouse dwelling units offered on a condominium or fee simple basis.
(6)
Public or private docks and boat slips with appurtenant marine and water orientated accessory facilities.
(7)
Business office.
(8)
Essential services.
B.
Permitted accessory uses of buildings and structures are as follows:
(4)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
D.
Area, yard and building requirements of nonresidential uses:
(1)
Minimum lot area: 12,000 square feet.
(2)
Minimum lot width: 120 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 40 feet.
(5)
Minimum side yard setback: 15 feet.
(6)
Minimum combined side yard setback: 30 feet.
(7)
Minimum rear yard setback: 20 feet.
(8)
Minimum accessory building side and rear yard setback: five feet.
(9)
Maximum building height: 40 feet and 2 1/2 stories.
(10)
Maximum percent building coverage: 50%.
(11)
Buildings for boat repair and maintenance shall not be closer than 50 feet from any property line.
(12)
Boats shall not be stored or displayed closer than 20 feet to any property line and shall be adequately screened and fenced.
E.
Other requirements:
(1)
Utilities shall be supplied to each boat slip including electricity, lighting, water supply and sewage disposal.
F.
Area, yard and building requirements for attached single-family townhouse dwellings:
(1)
The minimum tract size shall be five acres, including the areas of existing streets and water areas within the tract boundary lines provided they total no more than 2% of the tract area.
(2)
The gross residential density shall not exceed eight dwelling units per acre. Gross residential density shall be computed by dividing the total numbers of units by the total tract size.
(3)
The net or developed residential density shall not exceed 10 dwelling units per acre. Net or developed residential density shall be computed on the buildable project area by the total buildable project area.
(4)
A minimum of 20% of the total tract area shall be devoted to active or passive open space, except where a proposed project has frontage along or access to existing waterways or the water edge, a minimum of 15% of the total tract area shall be devoted to active or passive open space provided the waterfront area is developed with boat slips, docks, bulkheads, fishing piers or other marine- and water-oriented facilities.
(8)
A homeowners' association, if required by the Board or proposed by the applicant, shall be established in accordance and compliance with § 215-11.15 of this chapter. The maintenance of association owned property shall comply with § 215-11.15F of the chapter.
(9)
The maximum building height shall be 35 feet.
[Amended 12-27-2001 by Ord. No. 2001-031]
A.
Permitted principal use of the buildings and structures is as follows:
(1)
Erection of memorial monuments, less than six feet in height.
B.
Signs.
(1)
One freestanding sign shall be permitted per lot, provided the total area of the sign shall not exceed 20 square feet and not exceed a height of four feet.
[Amended 12-13-2007 by Ord. No. 2007-26; 12-9-2021 by Ord No. 2021-24]
A.
Purpose. The purpose of the Scenic Gateway Overlay Zone is to recognize and serve the needs of the traveling public within the Township and region, and to preserve the wooded rural character, and promote design compatibility for the development, redevelopment, and changes in land use along the Route 539 corridor.
B.
The Scenic Gateway Overlay Zone is intended for properties that front the Route 539 corridor between the Garden State Parkway and the Township border shown on the Township's zoning map. Any lot or parcel of land located at least partially within the overlay zone shall follow the requirements of this section for that portion of the lot or parcel.
C.
Applicability.
(1)
These standards and guidelines shall be applicable to any project within the Scenic Gateway Overlay Zone. The standards shall be applied concomitantly with the relevant use and bulk regulations defined in the underlying zoning districts. Unless otherwise noted, these standards shall apply uniformly to the underlying zoning districts; in those cases where the standard varies with the district, these provisions supersede.
(2)
The scope of the standards covers all exterior aspects of the rehabilitation of existing structures, additions to existing structures, and construction of new buildings, as well as all site improvements, streetscape, signage, lighting and landscaping.
(3)
In the exercise of its powers of review, the reviewing board may recommend approval, conditional approval, request modifications, or recommend denial to an application based upon its review of the materials submitted by the applicant and any additional information which it may deem appropriate.
(4)
These standards shall be interpreted with flexibility. The reviewing board shall view them as a tool, since exceptional situations, requiring unique interpretations, can be expected. When applying them, the reviewing board shall carefully weigh the specific circumstances surrounding each application, and strive for design solutions that best promote the spirit and intent of the standards and guidelines.
D.
Permitted principal uses of buildings and structures are as follows:
E.
G.
Building design standards. Buildings located in the overlay zone shall mark the transition into and out of the overlay zone in a distinct fashion, using massing, height extensions, contrasting materials and/or architectural embellishments to obtain this effect.
(1)
Buildings shall be oriented towards street frontage, both functionally and visually.
(2)
Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. If deemed appropriate by the Board, such buildings may be designed with additional height and architectural embellishments relating to their location
(3)
Focal point features incorporated into a structure's design is encouraged through the use of one or more of the following techniques:
(a)
A distinctive design that does not represent standard franchise architecture.
(b)
A vertical architectural feature or appendage (e.g., a clock tower, spire, or interesting roof form).
(c)
Exceptional landscape feature or water feature.
(d)
The creation of open spaces, passive park areas, plazas that are aesthetically pleasing and designed for public gathering, local events, community events, walking, sitting, picnicking, or bicycling,
(4)
Buildings shall be located to allow for adequate fire and emergency access.
(5)
In a multiple building development, individual buildings shall be oriented to complement each other, and shall be organized around features such as courtyards, quadrangles and alleys, which encourage pedestrian activity.
H.
Off-street parking and loading.
(2)
Parking lots shall be discouraged in any front yard area. If the Board determines that the discouraging of parking in a front yard area creates a hardship on the ability to develop a parcel, parking in the front yard area shall be in accordance with § 215-12.16, provided enhanced landscape plantings are provided.
(3)
Where possible, surface parking lots shall be located to the rear of buildings and/or in the interior of a site, where the visual impact to adjacent properties and to the public right-of-way can be minimized. Access shall, to the extent possible, be obtained from side streets, and curb cuts minimized.
(4)
Where possible, parking areas for individual nonresidential uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street. Such interconnection shall be established through an appropriate cross-access easement, either unilaterally established by one party or by mutual agreement. The cross-access easement shall be approved by the appropriate Board of jurisdiction.
I.
Signage. In addition to the signage standards set forth in the underlying zoning districts, the following shall apply:
(1)
One ground-mounted monumental sign not to exceed 75 square feet may be erected at each driveway which provides a means of ingress and egress to the use.
(2)
Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building, as well as with other signs used on the building or its vicinity.
(3)
Signs shall fit within the existing facade features, shall be mounted so that the method of installation is concealed, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.
(4)
Whenever possible, signs located on buildings within the same blockface shall be placed at the same height, in order to create a unified sign band.
(5)
Businesses located in corner buildings are permitted one sign for each street frontage.
(6)
Signs on roofs, dormers and balconies are prohibited.
J.
Awnings and canopies.
(1)
Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, provided they complement a building's architectural style, and are compatible with its materials, colors and details. Awning shapes shall reflect the shape of the top of the opening to which they relate.
(2)
Canvas is the preferred material, although other water-proofed fabrics may be considered. Metal or aluminum awnings are prohibited. Only solid or striped patterns are permitted.
(3)
Awnings shall not extend more than four feet from the building surface, or less than eight feet from the sidewalk.
(4)
Canopies are permitted, and may extend over the sidewalk, but shall not restrict pedestrian circulation, and shall follow the standards set forth for awnings.
(5)
Particular attention shall be taken with selection of the appropriate supporting structure and hardware, as well as with the location and method by which it is attached to the building facade
(6)
In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.
K.
Banners and flags. Banners and flags are encouraged, provided they are appropriately scaled to the building and streetscape, and do not interfere with facade composition or obscure architectural details. Banners and flags shall be of cotton or heavy dacron or nylon.
L.
Circulation standards. In addition to the standards set forth in § 215-11.8(I), Pedestrian spaces, the following shall apply:
(1)
The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links between the Scenic Gateway Overlay Zone and adjacent neighborhoods, open space, and mixed use areas outside the overlay zone in the Township and Tuckerton Borough. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle ways (especially off-street bicycle or multiuse paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility.
(2)
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include bike racks, off-street bicycle paths (generally shared with pedestrians and other non-motorized users) and separate, striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
(3)
Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted and designed to relate to the neighborhood architectural character.
(4)
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic-calming features such as queuing streets, curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.
(5)
Pedestrian circulation. The street and pedestrian network must be well connected for the health, safety, and welfare of residents. Therefore, safe and attractive mid-block linkages are encouraged, as are barrier-free connections.
[Amended 3-14-2013 by Ord. No. 2013-03]
A.
Purpose. The purpose of the Route 9 Gateway Overlay Zone is to recognize and serve the needs of the traveling public within the Township and region and enhance the design of development in the HB and GB Districts along the Route 9 corridor to promote a desirable and attractive visual environment in a corridor that serves as an important gateway through the township.
B.
The Route 9 Gateway Overlay Zone is intended for properties that front on the Route 9 corridor between the township boundaries with Bass River Township and Tuckerton Borough as shown on the Township's zoning map. Any lot or parcel of land located at least partially within the overlay zone shall follow the requirements of this section for that portion of the lot or parcel.
C.
For the purpose of building and site design and regulation, the Route 9 Gateway Overlay Zone shall be divided into the following two separate subsections:
(1)
Route 9 Gateway Overlay Zone south.
(2)
Route 9 Gateway Overlay Zone north.
These two sub-areas are depicted on the township's zone map and Exhibit A herein.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
D.
Applicability.
(1)
These standards and guidelines shall be applicable to any project within the Route 9 Gateway Overlay Zone, including both north and south subsections. The standards shall be applied concomitantly with the relevant use and bulk regulations defined in the underlying zoning districts. Unless otherwise noted, these standards shall apply uniformly to the underlying zoning districts; in those cases where the standard varies with the district, these provisions supersede.
(2)
The scope of the standards covers all exterior aspects of the rehabilitation of existing structures, additions to existing structures, and construction of new buildings, as well as all site improvements, streetscape, signage, lighting and landscaping.
(3)
In the exercise of its powers of review, the reviewing board may approve, conditionally approve, or deny an application based upon its review of the materials submitted by the applicant and any additional information which it may deem appropriate.
(4)
These standards shall be interpreted with flexibility. The reviewing board shall view them as a tool, since exceptional situations, requiring unique interpretations, can be expected. When applying them, the reviewing board shall carefully weigh the specific circumstances surrounding each application, and strive for design solutions that best promote the spirit and intent of the standards and guidelines.
E.
Permitted principal uses of buildings and structures are as follows:
F.
Permitted accessory uses of buildings and structures are as follows:
(2)
Signs, subject to the provisions of § 215-7.6 and additional design standards for standards set forth below.
(6)
Wind and solar energy systems as may be permitted in accordance with the applicable requirements of § 215-24.
(7)
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use.
G.
H.
Building design standards. Buildings located in the Route 9 Gateway Overlay Zone shall mark the transition into and out of the overlay zone in a distinct fashion, using massing, height extensions, contrasting materials and/or architectural embellishments to obtain this effect.
(1)
Buildings shall be oriented towards street frontage, both functionally and visually.
(2)
Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. If deemed appropriate by the Board, such buildings may be designed with additional height and architectural embellishments relating to their location.
(3)
Focal point features incorporated into a structure's design is encouraged through the use of one or more of the following techniques:
(a)
A distinctive design that does not represent standard franchise architecture.
(b)
A vertical architectural feature or appendage (e.g., a clock tower, spire, or interesting roof form).
(c)
Exceptional landscape feature or water feature.
(d)
The creation of open spaces, passive park areas, plazas that are aesthetically pleasing and designed for public gathering, local events, community events, walking, sitting, picnicking, or bicycling.
(4)
Buildings shall be located to allow for adequate fire and emergency access.
(5)
In a multiple building development, individual buildings shall be oriented to complement each other, and shall be organized around features such as courtyards, quadrangles and alleys, which encourage pedestrian activity.
I.
Streetscape design in the Route 9 Gateway Overlay Zone north. The objective shall be to provide street trees, paving, benches, lighting and other improvements to provide an ample, well-defined, unified and distinct pedestrian corridor along the Route 9 streetscape. The following standards shall apply:
(1)
Provide street trees within the right-of-way in planting areas of at least 90 square feet in surface area. An acceptable ground cover or mass shrub planting shall be provided in all planting areas.
(2)
The quantity of trees shall be equivalent to one tree of three inches to 3.5 inches caliper for every 40 feet of frontage.
(3)
If existing trees are preserved within 10 feet of the curb, the requirements for additional street tree plantings may be reduced.
(4)
Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the Township Engineer.
(5)
A walkway within the right-of-way of a minimum clear width of five feet shall be provided. In areas where site furnishings are provided, the walk width shall be widened to accommodate these amenities. The walkway shall be constructed of a decorative pavement, i.e., brick pavers, as approved by the Board of jurisdiction. All walks shall include ramps for handicap access at all street comers or road crossings. The decorative paving shall be continued across all ingress and egress drives as a crosswalk, providing a well-defined continuous pedestrian walkway.
(6)
Site furnishings such as benches, period lighting, kiosks, bus shelters, trash receptacles and flagpoles shall be provided as appropriate or required by the Board of jurisdiction. All site furnishings within an individual village area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the Board of jurisdiction.
(7)
Signage within the village streetscape area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the Board of jurisdiction.
(8)
All overhead utilities should be relocated underground whenever possible.
J.
Streetscape design in the Route 9 Gateway Overlay Zone south. The streetscape design in the Route 9 Gateway Overlay Zone south shall be designed to create a pedestrian friendly park-like open space amenity along the Route 9 frontage of properties in the overlay district. The streetscape design shall incorporate a combination of buffering and berms, landscaping, streetscape design amenities, and pedestrian walkway along the entire Route 9 street frontage. The general design of the streetscape is illustrated in Figure 1, Illustrative Plan View and shall include:
 Figure 1: Illustrative streetscape plan view. |
(1)
A combination of nuisance and filtered buffers designed in accordance with the standards and requirements set forth in § 215-11.8. Illustrative cross sections of buffers in relationship to the street are shown in Figures 2 through 4 as follows:
 Figure 2 |
 Figure 3 |
 Figure 4 |
K.
Streetscape design elements in the Route 9 Gateway Overlay Zone. The streetscape design elements in the Route 9 Gateway Overlay Zone shall include:
(1)
Street lights: Pedestrian scale, thematic style light standards shall be used along all street edges immediately adjacent to proposed developments. The horizontal spacing of the fixtures shall be consistent with Township and state regulations as required.
 |
(a)
Street lights shall not exceed 14 feet in height.
(b)
Street lights shall utilize decorative poles and pole base covers.
(c)
Poles shall be cast iron, aluminum, or steel and painted black.
(d)
Luminaires shall incorporate night sky friendly, energy efficient, full cut-off optics.
(e)
The use of LED technology is encouraged.
(f)
Sample Fixture or approved equal: Hadco CF15/17 Westbrooke.
(2)
Site furnishings. Each project with street frontage shall include the provision of site furnishings consistent with the intent of this chapter and the creation of an inviting, safe and enjoyable pedestrian experience. These furnishings shall include benches, trash and recycling receptacles, bike racks, and individual freestanding planters as appropriate.
(a)
Furnishings shall be constructed of non-biodegradable, vandal-resistant materials such as cast iron, steel, aluminum, or recycled plastic components. All metal parts to be painted black.
(b)
Furnishings shall be consistent with the intent of this chapter and coordinated with the overall character of the proposed project.
(c)
Benches shall be a minimum of six feet in length and incorporate a center armrest. Benches can be backed or backless as deemed appropriate for the specific setting.
 |
(d)
Trash receptacles shall be a minimum of 32-gallon capacity and utilize the smallest possible semi-covered top or side opening to prevent the deposition of household debris and trash.
 |
(e)
Recycling receptacles shall be provided and incorporated as appropriate.
(f)
Sample selections or approved equals:
Bench: | Victor Stanley, City Series, CBF-12 |
Trash: | Victor Stanley, Economy Series, ES-335 |
(4)
Sidewalk design: The paving patterns shown in the accompanying figure shall be applied to pedestrian walkways, with final design and material selection subject to the approval of the Planning Board. In general, running bond patterns should be used for pedestrian-only walkways, 90° herringbone pattern for areas which require limited vehicular traffic and basket weave for plazas and other larger spaces.
 |
L.
Off-street parking and loading.
(2)
Landscaping within parking lots shall be designed in accordance with the requirements of § 215-11.8(G).
(3)
In the Route 9 Gateway Overlay Zone north, surface parking lots shall be located to the rear of buildings and/or in the interior of a site, where the visual impact to adjacent properties and to the public right-of-way can be minimized. Access shall, to the extent possible, be obtained from side streets, and curb cuts minimized.
(4)
Parking areas for individual nonresidential uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street. Such interconnection shall be established through an appropriate cross-access easement, either unilaterally established by one party or by mutual agreement. The cross-access easement shall be approved by the Board of jurisdiction.
M.
Signage. In addition to the signage standards set forth in the underlying zoning districts, the following shall apply:
(1)
Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building, as well as with other signs used on the building or its vicinity.
(2)
Signs shall fit within the existing facade features, shall be mounted so that the method of installation is concealed, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.
(3)
Whenever possible, signs located on buildings within the same block face shall be placed at the same height, in order to create a unified sign band.
(4)
Businesses located in corner buildings are permitted one sign for each street frontage.
(5)
Signs on roofs, dormers and balconies are prohibited.
N.
Awnings and canopies — Route 9 Gateway Overlay Zone north.
(1)
Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, provided they complement a building's architectural style, and are compatible with its materials, colors and details. Awning shapes shall reflect the shape of the top of the opening to which they relate.
(2)
Canvas is the preferred material, although other water-proofed fabrics may be considered. Metal or aluminum awnings are prohibited. Only solid or striped patterns are permitted.
(3)
Awnings shall not extend more than four feet from the building surface, or less than eight feet from the sidewalk.
(4)
Canopies are permitted, and may extend over the sidewalk, but shall not restrict pedestrian circulation, and shall follow the standards set forth for awnings.
(5)
Particular attention shall be taken with selection of the appropriate supporting structure and hardware, as well as with the location and method by which it is attached to the building facade.
(6)
In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.
O.
Banners and flags. Banners and flags are encouraged, provided they are appropriately scaled to the building and streetscape, and do not interfere with facade composition or obscure architectural details. Banners and flags shall be of cotton or heavy Dacron or nylon.
P.
Circulation standards. In addition to the standards set forth in § 215-11.8I, Pedestrian spaces, the following shall apply:
(1)
The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links between the Route 9 Gateway Overlay Zone and adjacent neighborhoods, open space, and mixed use areas outside the overlay zone in the Township and Tuckerton Borough. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle ways (especially off-street bicycle or multiuse paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility.
(2)
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include bike racks, off-street bicycle paths (generally shared with pedestrians and other non-motorized users) and separate, striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
(3)
Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted and designed to relate to the neighborhood architectural character.
(4)
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic-calming features such as queuing streets, curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.
(5)
Pedestrian circulation. The street and pedestrian network must be well connected for the health, safety, and welfare of residents. Therefore, safe and attractive mid-block linkages are encouraged, as are barrier-free connections.
 |
[Amended 6-8-2017 by Ord. No. 2017-07]
A.
Purpose. The purpose of the AHZ Affordable Housing Zone is to permit the development of planned multifamily housing with inclusionary low- and moderate-income housing units on parcels of land that are designated for such use within the Little Egg Harbor Township Housing Element and Fair Share Plan. Development within the AHZ Affordable Housing Zone shall permit multifamily housing to be constructed. Multifamily residential uses developed within this zone shall include affordable housing units for low- and moderate-income households in order to better promote the general welfare and to create a realistic opportunity for the construction of low- and moderate-income housing in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
B.
Permitted uses. In the AHZ Affordable Housing Zone, buildings may be erected or used and the lot may be used or occupied for the following purposes:
(1)
Multifamily developments;
C.
Permitted accessory uses. The following shall be permitted as accessory uses:
(1)
Off-street parking and private garages;
(2)
Mailboxes, lamp posts, flagpoles, driveways, paths, and sidewalks;
(3)
Fences, walls, and retaining walls, subject to the provisions of this chapter;
(4)
Signs subject to the provisions of this chapter;
(5)
Home occupations, subject to the provisions of this chapter;
(6)
Solid waste and recycling enclosures;
(7)
Patios, terraces, and decks attached to principal structures in accordance with the approved site plan for the development;
(8)
Recreation center for residents of a development of multifamily residential and their guests, whose building design shall complement the design of the principal buildings, and may include a swimming pool, tot-lots, gazebos, benches, etc.;
(9)
Maintenance-storage building with a maximum floor area of 600 square feet, a maximum height of 18 feet, and a minimum 25-foot setback from a public street, and whose design shall complement the design of the principal buildings;
(10)
Stormwater management basins and facilities, including structures for collection, water quality treatment, and/or discharge;
(11)
Essential services;
(12)
Open space and conservation areas;
(13)
One double-sided, ground-mounted development identification sign at a location approved by the Planning Board (maximum dimensions four feet by six feet), landscaped at base.
(14)
Temporary sales office incidental to the initial project development;
(15)
One temporary construction trailer incidental to construction work, provided it is removed upon completion or abandonment of the construction work
D.
Maximum units per tract. The maximum number of units per development tract shall not exceed 125, regardless of tract size.
E.
Area and bulk standards. The following standards shall be applicable to the AHZ Affordable Housing Zone:
F.
Requirements for multifamily affordable housing units.
Requirements for Multifamily Affordable Housing Units | Standard | |
|---|---|---|
(1) | Minimum tract area | 11 acres |
(2) | Minimum lot width | 150 feet |
(3) | Minimum lot depth | 250 feet |
(4) | Minimum building setback from tract boundary | 25 feet |
(5) | Minimum residential building setback from a state highway | 100 feet |
(6) | Minimum building setback from a county road or municipal street | 30 feet |
(7) | Minimum building setback from a residential zone | 100 feet |
(8) | Minimum building setback from residential access, internal, private street | 20 feet |
(9) | Minimum building setback from common parking areas (not applicable to visitor spaces in a common driveway) | 10 feet |
Minimum distance between building fronts | 30 feet | |
(10) | Minimum distance between building rears | 25 feet |
(11) | Minimum distance between building fronts and sides | 30 feet |
(12) | Minimum distance between building rears and sides | 25 feet |
(13) | Maximum building height | 3 stories and 50 feet |
(14) | Maximum building coverage of lot | 25% |
(15) | Maximum impervious coverage of lot | 60% |
(16) | Minimum lot frontage on public street | 200 feet |
(17) | Minimum setback from garage units to rear | 25 |
AHZ Affordable Housing Zone building design standards.
(1)
Each dwelling unit shall contain a minimum of 300 cubic feet of storage area, which may be included within the confines of the garage, basement or cellar. Where provided within a garage, the storage space shall in be in addition to the space required for a vehicle.
(2)
The homeowners' association documents shall prohibit the conversion of garages to any other use.
(3)
Each multifamily residential unit shall be constructed with, and shall maintain, a private outdoor space that may be designed as a deck, balcony, terrace or patio.
(4)
Roads, common driveways, and parking areas within a multifamily/affordable housing development shall be private and maintained by a private association to be established by the developer. The Township shall have no responsibility to maintain, or contribute to the maintenance of, roads, common driveways and parking areas.
(5)
Prior to final approval of a multifamily/affordable housing dwelling project, the developer shall provide a municipal services agreement with the Township for the contribution by the Township for trash collection, snow plowing, and lighting.
G.
Buffer. A minimum 20-foot-wide setback from the development tract boundary (except areas fronting on a public street) shall be a landscaped buffer with shrubs and trees. This buffer may include earth mounds. The buffer may be included within any required building setback. Easements for utilities may be included within this buffer. Driveways and roads to provide access to and from the site may be included within this buffer.
H.
Screening. Along property lines adjacent to existing nonresidential land uses, appropriate visual screening shall be provided, consisting of decorative fencing and vegetation.
I.
Landscaping. The development in the AHZ Affordable Housing Zone shall include building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways, sidewalks, and pedestrian paths, and preservation of existing vegetation, where feasible.
J.
Common open space and recreation facilities.
(1)
A minimum of 35% of the tract area shall be reserved for conservation, recreation, and other common open space uses.
(2)
The common open space may include wetlands, wetlands transition areas, required buffer areas, and landscaped stormwater management facilities.
(3)
Portions of the common open space may be developed for recreation facilities, including picnic areas, swimming pool, tot lots and paths.
K.
Homeowners' association, covenants, and easements. All proposed restrictive covenants, articles of incorporation or other documents concerning the creation of a homeowners' association for the ownership and maintenance of common land and/or facilities shall be submitted to the municipality and approved by the Township Attorney prior to preliminary approval or as determined by the Planning Board of any proposed subdivision or any proposed site plan.
L.
Streets, parking, sidewalks, water supply, fire hydrants, sanitary sewers, drainage, and stormwater management standards:
N.
Utilities.
(1)
Development within an AHZ Affordable Housing Zone shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer.
(2)
All utilities shall be installed underground.
(3)
The developer shall establish and convey appropriate utility easements to the appropriate utility service provider.
O.
Low- and moderate-income housing obligation.
(1)
Any residential development in the AHZ Affordable Housing Zone shall be an inclusionary development, and the developer shall provide a minimum of one affordable dwelling unit for every five market-rate housing units (i.e., 20%).
(2)
In computing the low- and moderate-income housing obligation, any portion of a unit less than or equal to 0.50 shall not be considered and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.
[Amended 6-8-2017 by Ord. No. 2017-07]
A.
Purpose. The purpose of the MUAHZ Mixed Use Affordable Housing Zone is to require the development of a mixed residential and commercial development with affordable housing as permitted and per the requirements of the MUAHZ Mixed Use Affordable Housing Zone.
B.
Development of a project in the MUAHZ requires the submission of an overall development plan.
C.
All developments within the MUAHZ shall provide a 20% affordable housing set-aside.
D.
The mixed residential and commercial development may include the following building types:
(1)
Detached single-family dwellings units in the area that is located more than 450 feet from the US Route 9 right-of-way in accordance with the requirements of Subsection F below.
(2)
Multifamily development in the area that is located more than 450 feet from the US Route 9 right-of-way, when such development is developed accordance with the requirements of the AHZ Affordable Housing Zone.
(3)
In the area that is located within 450 feet from the US Route 9 right-of-way, uses permitted in the GB zone in accordance with the area, bulk, yard and other requirements of the GB Zone.
(4)
Essential services.
E.
G.
Permitted accessory uses of buildings and structures are as follows:
(1)
As permitted in the R-75 Residential Zone.
H.
Area, yard and building requirements:
(1)
Minimum tract size: 80 acres.
(2)
Minimum lot area: 7,000 square feet.
(3)
Minimum lot width: 70 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum side yard setback: five feet.
(7)
Minimum combined side yard setback: 15 feet.
(8)
Minimum rear yard setback: 20 feet.
(9)
Minimum accessory building side and rear yard setback: five feet.
(10)
Maximum building height: 35 feet.
(11)
Maximum percent building coverage: 30%.
I.
Maximum residential units per tract. A maximum of 375 units per tracts is permitted, whether comprised of detached single-family or multifamily dwelling units. The following additional requirements apply:
J.
Affordable housing requirements. Residential development in the MUAHZ Mixed Use Affordable Housing Zone shall generate an affordable housing obligation. The minimum obligation shall be 75 affordable housing units. The affordable units shall be constructed and/or occupied in accordance with the phasing requirements and bedroom mix requirements and all other applicable requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and local ordinances. Any approval of a mixed-use development shall be subject to a developer's agreement between the developer and the Township. Such developer's agreement shall include a project-specific affordable housing plan demonstrating the ability to satisfy the affordable housing obligation of the developer, as set forth in this section. Satisfaction of the developer's affordable housing obligation shall be contingent upon approval of the crediting for same by the court.
K.
Commercial Development Linked to Residential Development.
(1)
The timing of the construction and occupancy of commercial development permitted in an MUAHZ Mixed Use Affordable Housing Zone development shall be determined by the number of residential units approved;
(2)
Commercial development as defined herein shall mean the gross floor area of a building or buildings, or portions thereof, within the Mixed Affordable Housing Zone used for non-residential, non-tax exempt purposes;
(3)
Except as otherwise excluded or limited herein, the developer of the MUAHZ Mixed Use Affordable Housing Zone shall be permitted to develop 500 square feet of qualifying commercial development for every one dwelling unit approved up to the maximum of 375 dwelling units after which there shall be no restriction on the amount of commercial development except as otherwise limited pursuant to the bulk standards of the zone.
(4)
The total amount of commercial development within the MUAHZ Mixed Use Affordable Housing Zone shall be determined at the time of the grant of preliminary site approval by the Planning Board based upon the amount of qualifying residential development approved as part of the same preliminary site plan approval.
[Amended 5-10-2001 by Ord. No. 2001-08; 3-28-2019 Ord. No. 2019-05]
A.
Permitted uses.
(2)
Agricultural employee housing as an element of, and accessory to, an active agricultural operation.
(3)
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(4)
Forestry.
(5)
Beekeeping.
(6)
Fish and wildlife management.
(7)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles, except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impermeable surfaces.
(8)
Public service infrastructure which is necessary to serve only the needs of the Preservation Area Zone uses. Centralized waste water treatment and collection facilities shall be permitted to service the Preservation Area Zone only in accordance with § 215-13.4A(8)(a).
(9)
Signs.
(10)
Accessory uses.
(11)
Resource extraction operations, provided that:
(a)
The operation was authorized by a valid registration certificate issued by the New Jersey Department of Labor and Industry under N.J.S.A. 34:6-98r(h)[1] prior to February 7, 1979, or the operation was exempt from registration requirements of the New Jersey Department of Labor and Industry and was authorized by the operating under a valid municipal permit prior to February 8, 1979;
[1]
Editor's Note: So in original.
(b)
The area of extraction is limited to the value given under the category "acreage to be mined" on the mine registration application submitted to the Department of Labor and Industry, or the municipal permit, whichever is applicable; and
(c)
The operation has been registered with the Pinelands Commission in accordance with the requirements of N.J.A.C. 7:50-6, Part VI.
(12)
Pinelands Development Credits.
(13)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for nonresidential use in the PA Zone shall be less than that needed to meet the water quality standards of § 215-13.4A(8)(a)[4], whether or not the lot may be served by a centralized sewer treatment or collection system.
B.
Pinelands Development Credits established.
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in the subsections below, every parcel of land in the Preservation Area Zone shall have a use right known as "Pinelands Development Credits" that can be used to secure a density bonus for lands located in a Regional Growth Area. Pinelands Development Credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4:61 et seq.
(2)
Pinelands Development Credits are hereby established in the Preservation Area District, at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to Article XVI: two Pinelands Development Credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to Article XVI: zero Pinelands Development Credits per 39 acres;
(c)
Other uplands: one Pinelands Development Credit per 39 acres; and
(d)
Wetlands: 2/10 Pinelands Development Credit per 39 acres.
(3)
The allocations established in Subsection B(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands Development Credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands Development Credit entitlement.
(b)
The Pinelands Development Credit entitlement of a parcel of land shall be reduced by 1/4 Pinelands Development Credit for each existing dwelling unit on the property.
(c)
The Pinelands Development Credit entitlement for a parcel of land shall be reduced by 1/4 Pinelands Development Credit for each reserved right to build a dwelling unit on a parcel retained by the owner of the property pursuant to § 215-4.25B(7) below or when a variance for cultural housing is approved by the Township pursuant to § 215-4.30 of this chapter.
(d)
The Pinelands Development Credit entitlement for a parcel of land shall also be reduced by 1/4 Pinelands Development Credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4:61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
(4)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands Development Credit at the same ratio established in Subsection B(2) of this subsection for the area in which the parcel is located.
(5)
Notwithstanding the above provisions, the owner of record of 1/10 or greater acres of land in the Preservation Area District as of February 7, 1979, shall be entitled to 1/4 Pinelands Development Credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 1/10 acres of land in the Preservation Area District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsection B(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 1/10 of an acre.
(6)
No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the Pinelands Development Credit Bank, pursuant to N.J.A.C. 3:42-3, and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection B(9) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
(7)
Notwithstanding the provision of Subsection B(6) above, an owner of property from which Pinelands Development Credits are sold may retain a right for residential development on that property provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands Development Credits for that property is reduced by 1/4 Pinelands Development Credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(8)
No conveyance, sale or transfer of Pinelands Development Credits shall occur until the Township, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands Development Credits sold and that the property may only be used in perpetuity for the following uses: In the Preservation Zone: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; agriculture employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impermeable surfaces; and accessory uses. In all other Pinelands Zoning Districts: agriculture; forestry; and low-intensity recreational uses.
(10)
Pinelands Development Credits shall be used in the following manner:
(a)
When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV Zone is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;
(b)
When a variance for cultural housing is granted by the Township in accordance with § 215-4.30 of this chapter; and
(c)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(11)
In no case shall a building or construction permit be issued for any development involving the use of Pinelands Development Credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands Development Credits and those Pinelands Development Credits have been redeemed with the Township
[Amended 5-10-2001 by Ord. No. 2001-08]
A.
Permitted uses:
(3)
Agriculture.
(4)
Agricultural employee housing as an element of, and necessary to, an active agricultural operation.
(5)
Forestry.
(6)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impermeable surfaces.
(7)
Institutional uses, including cemeteries, provided that:
(a)
The use does not require or will not generate subsidiary or satellite development in the Forest Area;
(b)
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.
(8)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
(9)
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
(10)
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
(a)
The principal goods or products available for sale were produced in the Pinelands;
(b)
No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden pubic services, including, but not limited to, water, sewer and roads.
(11)
Continuation of existing resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI.
(12)
Fish and wildlife management.
(14)
(Reserved)
(15)
Signs.
(16)
Accessory uses.
(17)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use in the FA Zone shall be less than that needed to meet the water quality standards of § 215-13.4A(8)(a)[4] whether or not the lot may be served by a centralized sewer treatment or collection system.
[Amended 5-10-2001 by Ord. No. 2001-08]
A.
Permitted uses:
(1)
Cluster (reduced lot size) development. In accordance with the regulations of this chapter, an owner, applicant, developer or subdivider may elect to develop lots in the Forest Area Cluster Zone for single-family detached dwellings subject to the following minimum requirements:
(a)
The minimum base lot size shall be 3.2 acre lots. However, an applicant shall be permitted to cluster the number of dwelling units permitted under the minimum base lot size provisions on 1.0 acre lots (43,560 square feet), provided that the balance of the minimum base lot size (3.2 acres) is dedicated for public and/or private open space.
(b)
The maximum gross density of residential building lots in the Forest Area Cluster Zone at no time shall exceed one dwelling unit per 3.2 acres.
(c)
The maximum developed or net density of residential building lots in the Forest Area Cluster Zone at no time shall exceed one dwelling unit per one acre (43,560 square feet) and the total number of dwelling units in said zone shall not exceed 40 units.
(2)
Notwithstanding the density limitations or other provisions of this chapter, a single-family dwelling may be developed on any parcel of land of 1.0 acre or more in the Forest Area Cluster Zone, provided that:
(a)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(b)
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
(c)
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and
(d)
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
(3)
Signs.
(4)
Accessory uses.
(5)
Agriculture.
(6)
Forestry.
(7)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles, except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
B.
Area, yard and building requirements:
(1)
Conventional development — Base lot size:
(2)
Cluster development — Reduced lot size:
(3)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use in the FAC Zone shall be less than that needed to meet the water quality standards of § 215-13.4A(8)(a)[4], whether or not the lot may be served by a centralized sewer treatment or collection system.
C.
A 100-foot wide buffer shall be provided within the Forest Area Cluster Zone adjoining its southerly boundary with the Forest Area Zone. Within the 100-foot buffer, the applicant, developer, or subdivider shall construct a 50-foot wide fire break from County Route No. 539 to the Township's boundary with Eagleswood Township.
[Amended 4-11-2019 by Ord. No. 2019-09]
A.
Permitted uses shall be as follows:
(1)
Residential dwellings, if served by an on-site septic wastewater system.
(2)
All uses permitted in the Forest Area Zone, subject to the standards and requirements contained therein, provided that:
(3)
Signs.
(4)
Accessory uses.
(5)
Family day-care homes.
(6)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
B.
Area, yard and building requirements. Development of residential dwellings and all other uses served by an on-site wastewater system shall be as follows:
(1)
The minimum lot area shall be a 3.2 acre lot, if served by a conventional on-site septic waste water system or a 1.0 acre (43,560 square feet) lot, if served by a septic system in accordance with § 215-4.30.
(2)
The minimum lot width shall be 150 feet.
(3)
The minimum front yard setback shall be 50 feet.
(4)
The minimum side yard setback shall be 20 feet.
(5)
The minimum rear yard setback shall be 40 feet.
(6)
The maximum building height shall be 35 feet.
(7)
The minimum accessory use setback shall be 20 feet.
C.
Permitted conditional uses.
D.
Existing lots of record. Any existing lots of record in the PV Zone rendered nonconforming due to amendments to this chapter resulting from the adoption of this section (Ord. No. 2019-09) shall be exempt only from lot width requirements of the zone; provided, however, that such exemption shall not apply to any subdivision of properties that become nonconforming due to amendments to this section, and such subdivisions shall be subject to the area, yard and building requirements of the respective zone.
E.
Permitted modifications. An existing detached single-family dwelling, as of the date of adoption of this section (Ord. No. 2019-09), which is a nonconforming structure, based on existing front, side or rear yard setback, may be enlarged, provided that such enlargement conforms with all minimum yard standards of the PV zone district and does not further increase any nonconforming setback.
F.
When a variance of the density or lot area requirements set forth in Subsections A or B above for a residential or principal nonresidential use in the PV Zone is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
A.
Residential dwelling units on 3.2 acre lots may be permitted in any Pinelands Area Zone, provided that:
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(2)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
(3)
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
(4)
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person, or one or more members of that person's immediate family, has resided in the Pinelands for a total of at least 20 different years.
A.
Residential dwelling units on 1.0 acre lots may be permitted in any Pinelands Area Zone, provided that:
(2)
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;
(3)
The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in § 215-4.29 above;
(4)
The applicant purchases and redeems 1/4 Pinelands Development Credit; and
A.
Residential dwelling units on 1.0 acre lots existing as of January 14, 1981, shall be permitted in the FA Zone, provided that:
(1)
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 35 acres;
(2)
All lands acquired pursuant to Subsection A above, which may or may not be developable, are located within the FA Zone;
(3)
All noncontiguous lands acquired pursuant to Subsection A(1) and (2) above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses. Any such deed restrictions shall be a form to be approved by the Township Solicitor and the Pinelands Commission;
(4)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
All zoning requirements shall be met at the time of any erection, enlargement, moving, or change in use. If a new structure is added to an existing complex of structures or if an existing structure has an addition, the site plan provisions of this chapter shall apply to the enlargement or new structure.
All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority.
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained or any building, structure or land is used in violation of this chapter or of any other ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, to prevent any illegal act, conduct, business or use in or about such premises.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required.