The following conditional uses subject to the use limitations imposed by Part 2 of this chapter are permitted under the terms and specifications herein set forth. The necessity for certain specific uses is recognized, and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established.
These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by Part 2 of this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or designs in keeping with the intent thereof that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. The Planning Board shall decide each application in accordance with the procedure provided for the issuance of conditional use permits in this article. Each applicant shall submit plans in accordance with Part 4, Site Plan Review.
Public utility uses, such as high-voltage transmission
lines, towers and substations, sewage pumping stations, wells, sewage
treatment plants, but no service or storage yards, may be permitted
in an R-R, B-1, B-2 or B-3 Zone, and service or storage yards in the
M-1 Zone, provided that:
A.
A set of plans, specifications and plot plans and
a statement setting forth the need and purpose of the installation
are filed with the Planning Board by the applicant in triplicate.
B.
Proof is furnished to the Planning Board that the
proposed installation in a specific location is necessary and convenient
for the efficiency of the public utility system or the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
C.
The design of any building utilized in connection
with such facility conforms to the general character of the area and
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in the area and zone in which it is located.
D.
Adequate and attractive fences and other safety devices
will be provided, and sufficient landscaping, including shrubs, trees
and lawn, shall be provided and periodically maintained.
Philanthropic or charitable structures, except
correctional institutions, may be permitted, provided that the following
standards and conditions are complied with:
A.
A set of plans, specifications and site plans and
a statement setting forth full particulars on the operation of the
structure or use are filed with the Planning Board, in triplicate,
by the applicant.
B.
The lot upon which such use is proposed shall conform
to the following standards and requirements:
(1)
Minimum lot area: five acres.
(2)
Minimum front, rear and side yard areas: 100 feet.
(3)
Maximum lot coverage: 25%.
(4)
Off-street parking space shall be required in accordance
with the following standards:
(a)
Philanthropic and eleemosynary uses: one space
for each 400 square feet of gross floor area.
(5)
The proposed use will in no way be detrimental to
the surrounding property rights, and the structure or use proposed
will serve a useful purpose in the Township and otherwise promote
the general welfare of its residents.
[Amended 6-15-2010 by Ord. No. 31-10]
Quasi-public buildings and recreation areas, including clubhouses,
parks and playgrounds, golf courses, tennis courts and such other
activities operated by nonprofit membership organizations, may be
permitted in the R-R and R-M Zones, provided that the following standards
and conditions are complied with:
A.
A set of plans, specifications and site plans, a statement setting
forth the full particulars of the operation of the use and the total
number of proposed charter members shall be filed with the Planning
Board in triplicate.
B.
It is ascertained by the Planning Board that the proposed use is
a bona fide nonprofit organization operated solely for the recreation
and enjoyment of the members of said organization.
C.
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawns, is provided to serve as a buffer, as required by Part 2 of this chapter, between said use and adjoining residential properties and to ensure an attractive appearance for the use.
D.
The property proposed to be occupied by such use shall have a minimum
lot area of five acres. Not more than 20% of the land area shall be
occupied by the buildings and structures.
E.
No building, structure or active recreation facilities shall be located
within 100 feet of an adjacent residential property line.
F.
The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board. The Board may require additional parking and land area under the standards listed in Subsection G. below and such further stipulations as may be deemed necessary for the full protection of the health, safety, welfare and property rights of the citizens of Brick Township.
G.
Off-street parking space shall be provided at a ratio of one space
for each two memberships permitted under the terms of the conditional
use.
[Amended 5-27-2008 by Ord. No. 25-08]
A gasoline filling station shall be permitted
in a B-3 or B-4 Zone, provided that the following standards and conditions
are complied with:
A.
Plans, specifications and site plans shall be filed
with the Planning Board in accordance with Part 4, Site Plan Review.
B.
The proposed use shall be located on a lot of not
less than 1 1/2 acres in any zone.
C.
All filling pumps and structures shall be located
at least 35 feet from the front property line and side and rear property
lines and at least 100 feet from the boundary of a residential use
or zone.
D.
All other regulations for the zoning district in which
the use is to be located shall be complied with.
E.
The proposed use shall in no way be detrimental to
the health, safety and general welfare of the Township.
In order to provide for industrial uses and
establishments which do not need a minimum floor area as great as
that required for permitted uses, a planned complex of such uses may
be established in the M-1 Zone, provided that:
A.
No use or activity not ordinarily permitted in the
M-1 Zone is permitted in an industrial park therein.
B.
The minimum lot area prior to subdivision shall be
at least 10 acres, and the minimum lot area after subdivision shall
be at least 40,000 square feet.
C.
The following area, yard and building requirements
shall apply:
D.
Parking area shall be provided for each employee on the maximum work shift. The parking areas shall be off-street and located in the rear or side yard areas as required by Part 2 of this chapter, provided that said parking area shall be at least 50 feet from any street line or the boundary of any residential zone. Each parking space shall be 10 feet wide and 20 feet long. Ingress and egress shall be provided by not more than two driveways, each not less than 20 feet in length and not more than 30 feet in width. No driveway shall be located within 200 feet of the intersection of two public streets or within 100 feet of any existing driveway or private street.
E.
Each use located in the industrial park zone shall
provide truck loading and unloading facilities on the same lot, provided
that the same may not be located in the front yard area so as to permit
the transfer of goods in an area other than on a public street or
in the front yard area.
F.
All industrial park activities or processing shall
take place within an enclosed building. Incidental storage shall be
permitted out of doors, provided that the same are shielded from any
public street or adjacent residential zones by fencing, landscaping
or other appropriate measures.
H.
All uses permitted in the industrial park shall comply with the performance standards for industrial uses as outlined in Part 2 of this chapter.
I.
Outdoor storage.
(1)
No flammable or explosive liquids, solids or gases
shall be stored in bulk above ground; provided, however, that tanks
or drums of fuel directly connecting with energy devices, heating
devices or appliances located on the same lot as the tanks or drums
of fuel are excluded from this provision.
(2)
All outdoor storage facilities for fuel, raw materials
and products stored outdoors shall be enclosed by a fence adequate
to conceal the facilities from any adjacent properties.
(3)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
be attractive to rodents or insects shall be stored outdoors only
in closed containers.
J.
All installations relating to water and disposal of
sewage shall be installed in accordance with the rules and regulations
of the Brick Township Municipal Utilities Authority.
K.
Signs. One freestanding sign of not more than 60 square
feet in area may be erected, identifying the industrial park and the
availability of land or buildings therein for lease or other occupancy.
The sign may have an area of not more than 100 square feet if it also
identifies current occupants, or one additional freestanding sign
identifying occupants may be permitted: provided however, that the
combined area of the signs may not exceed 100 square feet. Signs shall
not be located within 30 feet of any public street. The signs may
be illuminated and shall not exceed the permitted height of the principal
buildings.
L.
All other standards providing for regulations in the
M-1 Zone in which said industrial park is located and not modified
by the provisions pertaining to a planned industrial park as established
herein shall be complied with.
[Amended 6-3-1991 by Ord. No. 354-2K-91]
A.
Commercial recreation uses and activities may be permitted
in the B-1, B-2, B-3 and B-4 Zones, provided that the following standards
and conditions are complied with:
(1)
A set of plans, specifications and plat plans is submitted
to the Planning Board showing the proposed structures and use areas,
parking areas, driveways and buffer areas, and including a statement
setting forth the particulars of the proposed operation of the use.
(2)
The proposed use shall comply with all yard and area requirements for the B-1, B-2, B-3 and B-4 Zones enumerated in Part 2 of this chapter.
(4)
Means of ingress and egress for the parking areas
shall be limited to the minimum required to properly handle the volume
of traffic anticipated to be attracted by the use.
(7)
The proposed use shall in no way be detrimental to
the health, safety or general welfare of the Township, nor shall it
result in a depression of any established property values in the general
area.
B.
Outdoor commercial recreation uses and activities may be permitted in a B-2, B-3 and B-4 Zone, provided that all of the conditions of Subsection A are complied with.[1]
[1]
Editor's Note: Original § 190-151,
Marinas and boatyards, which immediately followed this section, was
repealed 6-11-2001 by Ord. No. 354-2II-01..
[Amended 6-11-2001 by Ord. No. 354-2II-01; 3-23-2004 by Ord. No. 354-2A-04; 4-19-2005 by Ord. No. 354-2F-05]
A.
Purpose. The purpose of the Marina Overlay Zone is
to recognize and encourage the continued existing resource of marinas
within the Township of Brick as a conditional use within all zones.
Marinas are encouraged to provide water dependent uses such as boat
slips, docks, upland boat storage, bait and tackle shops and maintenance
facilities and dock master's quarters.
B.
Applicability. Marinas shall be a conditional use
in all zones provided that the following conditions and requirements
are complied with:
(1)
The marinas shall be located on a lot of not less
than one acre:
(2)
Marinas shall contain one or more of the defined uses established in § 245-3; provided, however, that no residential development other than a dock master's quarters and/or one single-family dwelling shall be permitted.
(3)
A maximum ridge height of 48 feet shall be permitted
for a building in a marina, provided that the building is utilized
for marina-related purposes such as, boat storage, maintenance or
repairs and further provided that the marina is located in a Business
Zone.
The resort and recreational aspects of Brick
Township make it desirable to permit the development of motels within
the Township of Brick in the B-3 Zone. However, since such a development
could be inimical to the safety and general welfare of the community
if not properly located and designed with due consideration to surrounding
properties, motels may be allowed only upon application to and approval
of the Planning Board of the Township of Brick and issuance of a conditional
use permit. The following standards shall apply to all such applications:
A.
A detailed plan shall be submitted to the Planning Board of the Township of Brick in accordance with Part 4, Site Plan Review, of this chapter.
B.
Accessory uses may be permitted on the same lot as
the motel and may include a swimming pool, motel office, eating facilities
for the guests and permanent living quarters for one family.
C.
Minimum lot area shall be two acres.
D.
Minimum lot width and depth shall be 200 feet each.
F.
Minimum off-street parking shall be one space for
each rental unit, one space for each four restaurant seats and one
space for each two employees.
[Amended 6-26-1979 by Ord. No. 354-2B-79]
G.
One rentable motel room may be permitted for every
700 square feet of usable lot area.
H.
Access. The Planning Board of the Township of Brick
may permit as many access roads onto any public road(s) as it deems
necessary, except that no access road shall exceed 24 feet in width
at the point where it intersects with a public road.
I.
Any motel unit or any swimming pool within 100 feet
of an adjacent property, other than a street or navigable waterway,
shall not face on that property unless the unit is sufficiently buffered
or concealed from the adjacent property.
J.
Minimum number of units shall be 20.
K.
Sewage treatment facilities shall be provided according
to standards established by the Brick Township Utilities Authority.
L.
Signs. Signs for the purpose of identification and
advertising may be permitted subject to the sign regulations for the
B-3 Zone.
M.
Buffer strips of evergreen planting and/or screen
fencing may be required if necessary to protect adjacent property
from any detrimental effects which could be caused by off-street parking
or any other activity.
Automobile salesrooms shall be permitted in
the B-3 Highway Development Zone, provided that the following conditions
are met:
A.
Minimum lot area shall be two acres.
B.
Minimum frontage shall be 150 feet.
C.
Inventory shall not be stored closer than 20 feet
to a right-of-way line.
D.
Inventory may not be stored closer than 10 feet to
a side yard or rear yard line.
E.
Bay entrances shall be from the rear or side of the
building.
[Amended 6-26-1979 by Ord. No. 354-2B-79]
F.
If adjacent to a residential zone, a buffer area shall
be provided in accordance with the buffer requirements of the B-3
Zone.
[Amended 6-26-1979 by Ord. No. 354-2B-79]
G.
The facility shall comply with all other applicable
B-3 Zone requirements.
[Added 4-22-1980 by Ord. No. 354-2H-80; amended 10-14-1980 by Ord. No. 354-2N-80]
Ambulatory care centers shall be permitted in
the Office-Professional-Transitional Zone, provided that the standards
of site plan approval are met and that the following standards and
conditions are complied with:
A.
The ambulatory care center shall be constructed on
a site consisting of not less than four acres, which shall not be
further subdivided.
B.
The ambulatory care center shall be located on a lot
having a minimum frontage of 300 feet on a street classified as a
principal or minor arterial as shown in the adopted Master Plan of
Brick Township dated April 28, 1976.
C.
The ambulatory care center shall be constructed and
operated in compliance with all pertinent state and federal laws and
regulations, and nothing in this chapter shall be construed or interpreted
so as to waive or violate any of said laws or regulations.
D.
A certificate of need must be obtained from the State
of New Jersey prior to consideration of the application by the municipality.
E.
The facility shall not provide for overnight patient
care.
[Added 6-24-1980 by Ord. No. 354-2K-80]
A.
The lot upon which a shopping center is proposed shall
conform to the following standards and requirements:
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 300 feet.
(3)
Minimum front yard area: 100 feet.
(4)
Minimum rear and side yard areas: 50 feet.
(5)
Maximum lot coverage: 30%.
(6)
Minimum building area: 50,000 square feet.
(7)
Off-street parking space shall be required in accordance
with the following standards:
(a)
At least five spaces for each 1,000 square feet
of gross floor area or fraction thereof for shopping centers having
less than 100,000 square feet of gross floor area.
(b)
In shopping centers containing more than 100,000
square feet of gross floor area, four spaces for each 1,000 square
feet of gross floor area or fraction thereof shall be required.
B.
The site plan shall be accompanied by a market analysis
providing the need for the center and carried out by an individual
or firm experienced and recognized in this field. It shall include
the following:
(1)
Delineating of the trade area of the proposed center.
(2)
The existing and projected population of the trade
area.
(3)
Determination of effective buying power in the trade
area.
(4)
The amount and percentage of buying power in the trade
area allocated to the proposed shopping center.
(5)
The amount and percentage of buying power in the proposed
trade area which will be expended in the existing commercial area.
C.
The site plan shall be accompanied by a time schedule
indicating when the various stages of construction will be initiated
after final approval.
D.
The site plan shall be accompanied by a traffic study
prepared by a licensed professional engineer traffic consultant indicating
the impact which the center will have on surrounding roads. It shall
include the following elements:
(1)
Estimated peak hourly traffic to be generated by the
center.
(2)
Assignment of estimated peak hourly traffic by percentage
and volume to surrounding roads.
(3)
Determination of unused capacity of surrounding roads
during peak hours.
(4)
Recommendations for necessary road improvements such
as acceleration and deceleration lanes and traffic control devices
recommended for public roads or highways surrounding the site.
E.
If the proposed use is near or adjacent to a residential zone, a buffer area of at least 50 feet in width, but not to exceed 100 feet in width, shall be established in accordance with the provisions of Part 4, the Site Plan Review, of this chapter. Said buffer area shall be sufficient to shield adjacent areas from parking lot illumination and headlights and to diminish the visual encroachment on residential privacy and residential neighborhood character.
F.
Any part of the shopping center not used for structures,
loading, parking, accessways or pedestrian walks shall be landscaped
with grass, trees and shrubs.
[Added 7-20-1982 by Ord. No. 354-2OO-82]
A.
Miniwarehouses shall be permitted in the B-3 Highway
Development Zone so long as the following conditions are met:
(1)
Along all property lines which abut commercial zones
or uses, the minimum side yard and rear yard setbacks shall be 50
feet, with a landscape buffer 35 feet wide measured from the property
line inward, allowing 15 feet of clear space adjacent to each building
having either an access aisle or firebreak.
(2)
Along all property lines which abut residential zones
or uses, the minimum side yard and rear yard setbacks shall be 75
feet, with a landscape buffer 60 feet wide measured from the property
line inward, allowing 15 feet of clear space adjacent to each building
for either an access aisle or firebreak.
(3)
Along all property lines, the minimum front yard setbacks
shall remain at 75 feet, with a landscape buffer 60 feet wide measured
from the property line inward, allowing 15 feet of clear space adjacent
to each building for either an access aisle or firebreak.
(4)
No substance defined as hazardous or toxic under any
federal, state or local law or regulation shall be stored in the proposed
building or structure.
(5)
All other requirements of the B-3 Zone, including
but not limited to area and building requirements, are complied with.
B.
If it is determined that strict application of the
landscape buffer requirements aforesaid are not warranted, based upon
a finding that, due to the nature of the adjoining use, the same shall
not be unduly disrupted or interfered with by the proposed use, then
the Planning Board may waive said landscaping requirements.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
The following uses are defined as conditional uses and may be permitted in the H-S Zone, subject to the requirements as set forth within this section and Article XXX, § 245-261 et seq., of this chapter:
A.
Planned Medical Support Center PMSC-5. The following shall be permitted additional uses in combination with one or several uses listed in § 245-261. The additional uses shall not constitute more than 50% of the minimum building area.
B.
Planned Medical Support Center PMSC-10. The following shall be permitted additional uses in combination with one or several uses listed in § 245-261. The additional uses shall not constitute more than 50% of the minimum building area.
C.
The following area, yard and building requirements
shall apply to PMSC-5 and PMSC-10 uses as conditional uses in the
H-S Zone:
|
Hospital Support Zone Requirement
|
PMSC-5
|
PMSC-10
| ||
|---|---|---|---|---|
|
Minimum size of lot
|
5 acres
|
10 acres
| ||
|
Minimum width
|
300 feet
|
400 feet
| ||
|
Minimum depth
|
400 feet
|
500 feet
| ||
|
Minimum yard requirement for principal building:
| ||||
|
Front yard
|
75 feet
|
75 feet
| ||
|
Side yard
|
30 feet
|
30 feet
| ||
|
Rear yard
|
50 feet
|
50 feet
| ||
|
Accessory building:
| ||||
|
Side
|
20 feet
|
20 feet
| ||
|
Rear
|
50 feet
|
50 feet
| ||
|
Maximum lot coverage by building
|
30%
|
30%
| ||
|
Total impervious surface, including buildings
|
70%
|
70%
| ||
|
Minimum floor area
|
20,000
square feet
|
40,000
square feet
| ||
|
Maximum height
|
35 feet
|
35 feet
| ||
D.
Maximum height range limitations, provided that the
following setbacks are met for the portion of the building exceeding
the thirty-five-foot limitations:
(1)
PMSC-5: 45 feet if 150 feet from front property line
and 100 feet from side and rear property lines.
(2)
PMSC-10: 45 feet if 150 feet from front property line
and 100 feet from side and rear property lines; 65 feet if 200 feet
from front property line and 150 feet from side and rear property
lines.
[Added 1-24-1989 by Ord. No. 354-2A-89]
Single-family dwelling units shall be permitted
in the R-R-2 and R-R-3 zones, provided that the following conditions
are met:
A.
The net density shall not exceed 1.5 dwelling units
per buildable acre. Buildable land includes all land that can be built
upon under current federal, state, county and local regulations.
B.
All lots which are to contain a single-family dwelling
shall minimally meet all the requirements of the R-10 Zone.
C.
If open space is proposed which is not part of a building
lot, the following shall apply:
(1)
Minimum open space area: five contiguous acres.
(2)
Ownership. The type of ownership shall be selected
by owner, developer or subdivider subject to the approval of the Planning
Board and may include the following:
(4)
Open space is to be either left in its natural state
or used for recreational or other public purposes. If the intent is
to be used for either passive or active recreation, appropriate access
must be ensured.
(5)
All open spaces shall be free of litter and other
debris and protected from future illegal dumping by either a dense
vegetative barrier consisting of evergreen trees of sufficient width
to prevent vehicular access or a physical barrier such as guardrail
or decorative fence.
[Added 1-24-1989 by Ord. No. 354-2A-89]
Single-family dwelling units shall be permitted
in the R-R-2 and R-R-3 Zones, provided that the following conditions
are met:
B.
Density.
(1)
Densities on any one tract can be increased to a maximum
of 2.5 dwelling units per buildable acre, provided that additional
buildable lands from the following list of parcels are perpetually
protected as open space by either a conservation easement with a deed
restriction or a dedication to a public agency with an appropriate
deed restriction:
(a)
Block 68: Lot 47, and that portion of Lot 50
zoned R-R as of the date of adoption of this section.
(b)
Block 194: through Lots 15 through 17, 30 and
32.
(c)
Block 195: through Lots 2, 2:A, 5 through 10,
17, 18 and 21 through 26.
(d)
Block 196: through Lots 1 through 7, 9, 10 and
14 through 16.
(e)
Block 757: through Lots 5 through 8.
(f)
Block 1212: through Lots 2 through 6.
(g)
Block 1386: through Lots 4 and 22.
(h)
Block 1447: Lot 3.
(2)
The gross density of any one development, consisting
of the area to be preserved and the area to build upon, shall not
exceed 1.5 dwelling units per buildable acres.
C.
In addition to the lots aforesaid, the Planning Board
may designate other upland areas in the R-R-1 Zone for preservation
under this section to provide for such increased density. Any such
area shall be unimproved, privately owned and buildable based on current
federal, state, county and local regulations at the time of application.
[Added 12-31-1990 by Ord. No. 354-2J-90; amended 2-23-2010 by Ord. No. 3-10; 4-19-2011 by Ord. No. 13-11]
Places of assembly shall include but are not limited to houses
of worship, churches, synagogues, meeting halls, civic clubs, auditoriums,
theatres, community centers, stadiums and union halls. Places of assembly
may be permitted as a conditional use in those zoning districts specified,
provided that the lot, use and structure shall adhere to the following:
A.
The required minimum lot area shall be two acres.
B.
The required minimum lot width shall be 200 feet.
C.
The required minimum lot frontage shall be 200 feet.
D.
No principal building shall be located closer than 40 feet to any
public street right-of-way and no closer than 25 feet to any rear
or side property line.
E.
No accessory building or structure shall be permitted in any front
yard in the underlying zone, nor shall any accessory building or structure
be located closer than 20 feet to any rear or side property line.
F.
The maximum permitted building coverage shall be 30%.
G.
The maximum impervious lot coverage shall be 70%.
H.
The height of structures to be constructed may exceed the maximum height requirements of § 245-299; provided, however, that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height in accordance with § 245-299.
I.
Places of assembly that have been constructed or converted to such
a use subsequent to the effective date of this section shall not have
their primary frontage or access on any lower order street, as defined
by the residential site improvement standards.
J.
Buffer requirements.
M.
Accessory
uses to the primary use of the site shall comply with all requirements
of the underlying zone accessory use regulations.
[Added 5-7-2013 by Ord. No. 15-13]
(1)
Temporary
encampment accessory use.
(a)
A temporary encampment is allowed as an accessory use on a site in
any zone, if the established principal use of the site is as a place
of assembly.
(b)
The temporary encampment operator shall comply with the following
provisions:
[1]
Must be a verified participant in FEMA’s Long-Term Community
Recovery Program.
[2]
Keep the site free of litter and garbage.
[3]
Observe all health-related requirements made by the Ocean County
Health Department.
[4]
Allow officials of FEMA, Ocean County Health Department, the Brick
Bureau of Fire Safety, the Construction Department and the Code Enforcement
Officer to inspect areas of the encampment upon due notice to determine
compliance with these standards.
[5]
All applicable state, county and local permits will be required prior
to the issuance of a certificate of occupancy.
[6]
Prior to occupancy all inspections must be conducted, and a certificate
issued by the Construction Official, establishing compliance with
the Uniform Construction Code, the Uniform Fire Code and any other
state, county or local authority having jurisdiction.
[7]
A site inspection by a Code Enforcement Officer is required prior
to commencing encampment operations.
(c)
The temporary encampment operator shall require registration of all
volunteers temporarily residing at its facility. The operator shall
provide registrant information to the Township Clerk within 48 hours
of receipt of a new resident. The required registrant information
shall be as follows:
[1]
The name and physical description of the volunteer.
[2]
The complete permanent and local address of the volunteer.
[3]
The length of time the volunteer intends to reside in the temporary
encampment.
[4]
A recent photograph of the volunteer.
[5]
A copy of the volunteer’s driver’s license or other government-issued
identification.
(d)
Termination date. The validity of a temporary encampment accessory
use to a place of assembly shall expire on December 31, 2018.
[Amended 12-30-2014 by Ord. No. 36-14; 2-9-2016 by Ord. No. 1-16; 2-7-2017 by Ord. No. 2-17; 3-27-2018 by Ord. No. 7-18]
N.
Applicability
of remainder of Code. Places of assembly must comply with all applicable
standards and regulations established by the Code of the Township,
except to those standards and regulations specifically addressed by
this section.
[Added 3-9-1993 by Ord. No. 354-2A-93]
Conversion of nonresidential areas to affordable
housing in existing multifamily structures shall be permitted in R-M
Residential Multifamily Zones, provided that:
A.
One housing unit per structure can be created as an
affordable unit within an existing multifamily structure through conversion
of a nonresidential area, such as utility/storage area, to one two-bedroom
affordable housing unit. All units shall be two-bedroom units.
B.
Such conversion shall not expand the building area
of any existing building and does not require the construction of
any new buildings.
C.
The total number of conversion units shall be limited
to the number included in the Housing Element and Fair Share Plan
as approved by the Township and granted substantive certification
by the New Jersey Council on Affordable Housing.
D.
It is subject to an execution of a developer's agreement
with the Township of Brick and approved by the Council on Affordable
Housing and placed on file with the Brick Township Clerk requiring
affordability controls on the conversion units as established by the
New Jersey Council on Affordable Housing.
F.
The density of the existing multifamily development
in which the conversions occur shall be increased only to the extent
that affordable housing units are created within the designated development
by the adopted Housing Plan and Fair Share Plan of the Township of
Brick.
[Added 3-9-1993 by Ord. No. 354-2A-93; amended 11-5-2012 by Ord. No.
34-12]
Scattered-site affordable housing units shall be permitted in
all residential and the B-1 and B-2 commercial zones, provided that:
A.
The site
is approved by the Township Council by resolution.
B.
The dwelling
units are single-family detached units.
C.
The site
shall meet the area, yard and building requirements which conform
to the zone in which the site is located. No site plan or variance
approval shall be required.
D.
The developer
is a not-for-profit corporation.
E.
The housing
unit shall be utilized and legally restricted to affordable housing
in accordance with the provisions of N.J.A.C. 5:94 and 5:95 et seq.
[Added 7-24-2007 by Ord. No. 33-07]
This section establishes development standards
and regulations for the establishment of uses, structures, and lots
in the Mixed Use Overlay (MU) Zone.
A.
The application of the MU Zone is:
(1)
The Mixed Use Overlay Zone applies to Block
1171, Lots 1 and 2, Block 701, Lot 9, Block 670, Lots 1, 2, 3 and
4 in the Brick Town Center and is defined as "Mixed Use," as shown
on the map on file in the office of the Township of Brick Clerk.
[Amended 2-3-2015 by Ord.
No. 2-15]
(2)
The Mixed Use Overlay Zone provides development
standards that apply to new construction of mixed-use projects.
(3)
Existing regulations in the underlying zone
shall apply to all remodeling of, or addition to, an existing structure
where there will be no change in occupancy and/or where the developer
of the site does not wish to utilize the mixed-use development standards.
(4)
Planning Board site plan review and Architectural
Committee review are required for all new development and major renovation
of existing development in the Mixed Use Overlay Zone.
B.
Specific purposes. The specific purposes of this overlay
zone are to provide a mechanism to:
(1)
Revitalize older commercial areas.
(2)
Increase opportunities for infill housing while
transforming and aesthetically improving transportation corridors
into tree-lined civic boulevards with mixed-use projects.
(3)
Encourage new housing and innovative retail
that is less automobile dependent.
(4)
Help to create pedestrian-oriented neighborhoods
where local residents have services, shops, jobs and access to transit
within walking distance of their homes.
C.
BUILDABLE AREA/LAND
BUILDING FRONTAGE
DEVELOPMENT SITE
GROUND FLOOR
MIXED-USE PROJECTS
PEDESTRIAN REALM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes all land which can be built upon under current federal,
state, county and local laws/regulations. Buildable land/area does
not include any fresh or salt water wetlands or wetland buffer areas
established by any governmental agency.
The measurement, in linear feet, of the building or buildings
that front onto a major arterial street, not including driveways and
pedestrian courtyards between buildings.
A parcel or group of contiguous parcels that are proposed
for development as one project.
The lowest level within a building that is accessible from
and within three feet above or two feet below the grade of the street.
Mixed-use projects combine residential uses with one or more
of the following uses: office, retail, recreation, service, entertainment,
restaurant, or community facilities. Mixed-use projects may be arranged
vertically (ground-level retail, office, restaurant, entertainment,
or community facility with residential uses above) or horizontally
(commercial uses on a portion of the property linked by pedestrian
connections to residential uses as part of a unified development project).
A twelve-foot-wide area located between the face of the curb
of a designated street and the face of the building. The pedestrian
realm includes the sidewalk, and landscaped areas. The pedestrian
realm may include both public and private property where the public
right-of-way is not 12 feet wide. Pedestrian amenities, street trees,
street furniture, bus stop facilities, and other landscaping, as specified
in this chapter, shall be included in the public realm.
D.
Land use regulations.
(1)
Intent.
(a)
The MU Zone allows 'for-sale' homes, condominiums,
and apartment units to provide for a diversity of housing types, including
row housing, loft-type dwellings, hotels, and flats that are arranged
either around courtyards or linearly along the pedestrian realm.
(b)
The MU Zone allows for commercial uses that
are neighborhood serving and that generate pedestrian activity, such
as cafes, restaurants, bookstores, floral shops, retail shopping,
commercial recreation and entertainment spaces, personal and convenience
service stores, bakeries, travel agencies, child-care facilities,
art galleries, and offices.
(2)
Permitted uses. All uses and accessory uses
of the underlying zone shall be permitted unless modified or as follows:
(a)
Residential is permitted in conjunction with
all uses of the underlying zone with development standards as described
in this overlay zone.
(b)
The following uses are specifically prohibited:
[1]
All uses prohibited in the Township
in general and any uses specifically prohibited in the underlying
zone
[2]
Automobile gas station.
[3]
Automotive or marine vessel repair
shops, automotive body and paint shops, tire stores, car sales or
similar related auto repair or auto equipment installation businesses.
[4]
Drive-through sales.
[5]
Parking lots or parking garages
not associated with a permitted use.
E.
Development standards.
(1)
Residential density.
(a)
For development sites greater than 10,000 square
feet, the residential component of a mixed-use project shall not exceed
10 units per buildable acre.
(b)
For development sites less than 10,000 square
feet, the residential component of a mixed-use project shall not exceed
eight units per buildable acre.
(2)
Pedestrian orientation along street frontage
and setbacks.
(a)
A minimum twelve-foot wide pedestrian realm
is required in front of all mixed-use, residential, or commercial
projects located along designated streets. The pedestrian realm shall
be measured from the face of the curb.
(b)
Front setback shall be as follows:
[1]
All buildings must have a minimum
setback of 20 feet from all property lines; however, the pedestrian
realm including awnings, balconies and any other decorative amenity
to the building can be located within this setback envelope.
[2]
Ground-floor residential shall
be set back a minimum of five feet and a maximum of 10 feet from the
interior edge of the pedestrian realm to allow for additional landscaping,
stoops, and entrance porches.
[3]
To create a pedestrian activity
area along the street edge, new nonresidential and mixed-use buildings
shall be built directly adjacent to the twelve-foot wide pedestrian
realm at or near the same elevation of the sidewalk. Entrances to
the commercial uses shall be directly from the sidewalk. However,
setbacks up to an additional 10 feet from the interior edge of the
pedestrian realm edge may be permitted for nonresidential and mixed-use
buildings to allow for pedestrian entrances, outdoor dining areas,
pedestrian arcades, or for building articulation.
[4]
For both residential and mixed-use
projects, setbacks greater than 10 feet from the interior edge of
the pedestrian realm may be permitted for a pocket park or open space
feature that is oriented toward the pedestrian realm.
(c)
Building rear and side yard setbacks shall be
as follows: Building setbacks for the rear and side shall be located
at a minimum of five feet from the pedestrian realm in commercial/mixed-use
buildings and a minimum of 15 feet from residential areas to provide
opportunity for individual recreation areas adjacent to residential
uses.
(d)
For visual interest at the pedestrian level,
at least 50% of the total ground floor building frontage of any new
or reconstructed building facing the public realm shall have the following:
windows with clear untinted glass, recessed entries, residential stoops,
or recesses for outdoor dining areas. The total ground-floor frontage
is the length of the building frontage along the pedestrian realm
times the first floor height from finished floor to ceiling.
(e)
Impervious cover shall not exceed 70% of the
total buildable area of the project site.
(3)
Building height.
(a)
Maximum building height for new mixed-use, commercial
and residential development shall be 45 feet in height, except as
follows: Roof structures that house mechanical equipment are permitted
to exceed the maximum height restriction, provided they are appropriately
screened and approved by the Architectural Review Committee.
(b)
Transition in building heights adjacent to single-family
zones and potential height incentives for mixed-use developments,
in the Mixed Use Overlay Zone are to be reviewed by the Architectural
Review Committee and should utilize the following design guidelines:
[1]
Roofs that are visible from adjacent
residential, commercial and office uses are to be designed to allow
rain gardens, terraces and rooftop landscaping so as to encourage
outdoor recreational spaces, environmentally sensitive design and
conservation practices. Mechanicals on these roofs need to be screened
appropriately and reviewed by the Architectural Review Committee.
[2]
Transition between buildings should
be designed so as to encourage architectural interest and multi-level
heights.
(4)
Parking.
(b)
If two parking spaces are assigned to one residential
unit, one space per unit may be provided in tandem. If two spaces
are assigned to the exclusive use of a residential unit, an additional
0.4 parking space per unit shall be provided for guest parking. In
a mixed-use project, this additional guest parking may be shared with
the parking for the nonresidential use, with the approval of parking
modification per Board approval.
(c)
Guest parking and parking for nonresidential
uses shall be located or assigned in such a way as to distinguish
it from residential parking assigned to individual units.
(d)
For new development within the Mixed Use Overlay
Zone, a parking reduction in the number of parking spaces required
may be permitted for mixed-use projects that contain retail, restaurants,
office, and other neighborhood serving uses on the ground floor. Provided
however, a minimum of one space for every 400 square feet of gross
lease able area of ground floor nonresidential floor area shall be
provided. A plan must be submitted by the applicant detailing a shared
parking calculation based on rational of specified uses and hours
of operation.
(e)
Parking along designated streets shall not be
located within the area between the interior edge of the pedestrian
realm and a new building fronting on the pedestrian realm.
(f)
Parking shall to be situated in the central
or rear portion of sites, out of view of the roadway frontages and
located centrally, between buildings.
(g)
Vehicular circulation shall be designed so as
to provide access from neighboring properties and through the central
portion of the site. It is the goal of this provision to encourage
all circulation to occur internally without significant impact to
the roadway frontages.
(5)
Open space.
(a)
Recreation and leisure space shall be provided
for each residential-only or mixed-use project containing residential
uses. The required minimum amount of open space for a mixed-use project
is 200 square feet per residential unit. The minimum open space may
be met through a combination of common and private open space. All
required open space shall be usable.
(b)
The requirement for open space may not be satisfied
through the utilization of parking areas, driveways, service areas,
or unusable slopes.
(c)
Fifty percent of the open space area required
may be provided in private open space, such as patios, balconies and
rooftop terraces; however, such private open space must have a minimum
area of 60 square feet and a minimum dimension of six feet.
(d)
In order to meet the requirements of this section,
no more than 25% of the total required open space area may be counted
within structures and no more than 25% of the required space may be
provided on roofs.
(e)
A minimum of 25% of the common space shall be
planted areas including trees, shrubs and gardens. Planters and planting
containers may be counted toward this requirement.
(f)
Common open space shall require a minimum width
of 10 feet and be a minimum of 200 square feet in area to create a
courtyard design.
(6)
Traffic circulation.
(a)
Any new development or redevelopment proposed
in the MU Zone must be accompanied by a traffic and circulation study
to be reviewed by the Board Engineer.
(b)
In instances where level of service or capacity
of the local roadways will be negatively affected by the proposed
development, a roadway dedication and/or easement must be provided
to accommodate the impact of the development and any future improvements
along that roadway.
(7)
Design.
(a)
New development and major renovations in the
MU Zone are subject to approval by the Township Planning Board Architectural
Review Committee to encourage design creativity, flexibility, and
quality design that is sensitive to the surrounding context and unique
site conditions.
(b)
The Township Planning Board Architectural Review
Committee shall utilize the following design guidelines in reviewing
all new developments and major renovations in the MU Zone: Brick Town
Center Design Guidelines. The desired design theme should be timeless
and mimic the homes and businesses that dot the historic New Jersey
shore downtown areas, such as Asbury Park, Spring Lake, Toms River,
and Point Pleasant Beach. The specific characteristics of these desired
structures include:
[1]
Building materials used in area
historic structures, including but not limited to, wood and clapboard
shingles or modern replications in more durable materials or brick-faced
facades.
[2]
Muted or natural colors and signage
that coordinates with building facade.
[3]
Buildings greater than one story
with clear delineation of the boundary between each floor of the structure
through belt courses, cornice lines or similar architectural detailing.
[4]
Pitched or gabled rooflines.
[5]
Overhanging eaves.
[6]
Utilization of awnings, covered
walkways, opens colonnades or similar weather protection where applicable.
[7]
Main pedestrian entrances must
face the street and be clearly articulated through architectural detailing;
however access is also encouraged at the rear of the buildings adjacent
to parking areas.
[8]
Other architectural features in
the center area should include corner towers, cupolas, clock towers,
spires, balconies, colonnades or similar features.
(8)
Green building technology.
(a)
The U.S. Green Building Council has developed
a series of guidelines designed specifically for the commercial building
industry, including LEEDTM (Leadership
in Energy and Environmental Design) Rating Systems, such as LEEDTM NC 2.2 for new construction and major renovations
and LEEDTM CI for commercial interiors
renovation. These guidelines are required to be integrated into the
design and construction of projects in the MU Zone. Each of the below
items are required to be addressed in each application for development
in the MU Zone, however, not every item below is required to be included
in the development. Site specific conditions, review by the Township's
Architectural Committee and coordination with the Board Engineer will
determine what Green Building technologies are applicable.
[1]
Utilization of alternative and
sustainable energy sources, such as solar panels, green areas/green
roofs, stormwater recharging systems and solar lighting to increase
resource efficiency.
[2]
Utilization of water conservation
techniques, including gray water reuse for nonpotable water utility,
high-efficiency fixtures and instant water heaters.
[3]
Conservation of rainwater for use
on green roofs for on-site stormwater management and recapture for
use in on-site irrigation systems.
[4]
Integration of materials to reduce
the heat island effect, such as reflective pavement surfaces, and
roofs, low-maintenance landscaped areas, shading at south facing exposures,
and shading devices such as shade trees or awnings appropriate for
building orientation.
[5]
Energy efficient and recycled building
materials that are manufactured within the region, that are rapidly
renewable and are responsibly harvested with other conservation and
protective measures to our natural resources, such as recycled steel
and concrete, renewable woods, i.e., bamboo, materials with recycled
content, including carpeting and masonry products. Include high-performance
insulated glazing on windows based on site orientation. Specify lights
that do not contribute to light pollution. Utilize high-efficiency
fixtures and sensors for low-occupancy areas. Use energy star appliances.
Install continuous metering equipment. Install HCFC- and CFC- free
HVAC equipment. Design refrigeration and fire suppression systems
without the use of CFCs, HCFCs or Halons. Utilize photovoltaic roof
tiles and panels. Capture energy through solar and wind power for
on-site energy use. Install geothermal technology for heating and
cooling of buildings.
[6]
Indoor environmental quality can
be improved by meeting ASHRAE 62-1999 standards to reduce indoor pollutants
by utilizing low-emitting materials, designing points of access to
minimize the introduction of pollutants and allowing occupants to
have control with regard to both their thermal comfort and daylight
and views including operable windows for comfort. Provide carbon monoxide
detectors.
(b)
Design guidelines for LEED are found at http://www.usgbc.org/
(9)
Applicability. If not specifically addressed
by this section of the chapter, then all other applicable development
regulations will apply.
(10)
Affordable housing. The mixed-use development
shall contain a minimum of a set aside of 15% for the construction
of affordable housing units, or any percentage or number of units
generated by those regulations of the Council on Affordable housing
in effect at the time of site plan approval. The set aside of 15%
or any percentage or number of units generated by those regulations
of the Council on Affordable Housing in effect at the time of site
plan approval shall be determined based on the gross number of residential
units proposed for the mixed use development and shall be constructed
on-site. The affordable units shall comply with the Council On Affordable
Housing (COAH) regulations promulgated by the State of New Jersey
regarding all applicable affordability controls and shall be included
in the Township of Brick's Housing and Fair Share Plan.
(11)
The Mixed Use Overlay Zone shall be applied
to properties as shown on the map which is attached as Exhibit "A",
and which is on file in the office of the Township Clerk of the Township
of Brick.
[Added 4-15-2014 by Ord. No. 9-14]
Public schools and private schools which are not conducted as
a business shall be permitted as a conditional use in R-20, R-15,
R-10, R-7.5 and R-5 Zones, provided that the lot, use and structure
shall adhere to the following:
B.
The required minimum lot width shall be 200 feet.
C.
The required minimum lot frontage shall be 200 feet.
D.
No principal building shall be located closer than 40 feet to any
public street or right-of-way and no closer than 40 feet to any rear
or side property line.
E.
No accessory building or structure shall be permitted in any front
yard in the underlying zone, nor shall any accessory building or structure
be located closer than 20 feet to any rear or side property line.
F.
The maximum permitted building coverage shall be 30%.
G.
The maximum impervious lot coverage shall be 70%.
I.
All private or public schools that have been constructed or occupied
to such a use subsequent to the effective date of this section shall
not have their primary frontage or access on any lower order street,
as defined by the New Jersey Residential Site Improvement Standards.
J.
Buffer requirement.
(1)
Perimeter buffer. A landscape buffer shall be required around
the entire length of side and rear property lines. A minimum of 30
feet to all residential uses must be provided.
L.
Parking requirements for the use shall comply with Article XXXV, § 245-311, for parking, loading, vehicular access and locational requirements, and shall include parking for the proposed use and all accessory uses associated with the principal use of the site. Public and private school parking requirements are as follows:
M.
The public or private school shall meet the locational requirements
of N.J.S.A. 33:1-76, as may be amended.
[Added 3-27-2018 by Ord.
No. 8-18]
A beach cottage development shall be permitted as a conditional
use on the following parcels, provided that the lot, use and structure
adhere to the following: Block 25, Lot 4; Block 26, Lot 4; and Block
36, Lots 13, 18 and 24.
A.
Purpose.
(1)
This section replaces the Beach Cottage Community Zone (§ 245-144B). The purpose of this overlay zone is to provide a mechanism by which parcels within the Camp Osborn portion of the Township that were devastated by Super Storm Sandy in 2012 can be reconstructed to exhibit the best qualities of the beach community while meeting current building, fire and flood standards to safeguard the community from future storm-related casualty. The existing zoning (R-7.5) does not reflect the historic character of Camp Osborn, thus an overlay recognizing Camp Osborn's qualities is a zoning alternative for this area. Camp Osborn is characterized by three distinct communities, each unique to itself yet bound by a common element of quaint, livable, ocean-oriented presence. The three distinct areas of Camp Osborn, Block 25, Lot 4 (the Bay); Block 26, Lot 4 (the Median); and Block 36, Lots 13, 18 and 24 (the Ocean) — each will be addressed separately as their respective parcels require unique solutions. This overlay sets forth the standards which are intended to provide the approving authority with a guide for the purpose of reviewing applications for proposed reconstruction. In reviewing an application, the approving authority may act on site plans submitted to it or may suggest modifications or changes. In approving an application, the approving authority may require such other features or designs in keeping with the intent thereof that will further the purpose of these standards and regulations. The approving authority shall decide each application in accordance with the standards set forth in this chapter.
(2)
Camp Osborn was historically characterized by a diverse and eclectic grouping of beach cottages. The beach cottages were situated as multiple principal structures. Under § 245-14, one principal building per lot was permitted: "No residential lot shall have erected upon it more than one principal building, except as otherwise provided in Part 2 of this chapter." The original configuration appears to have predated local zoning. This overlay zone will permit the continuation of this development pattern, i.e., multiple structures on a single lot, so long as the community continues to be governed by a central board. Since 1999, the property was subjected to the condominium form of ownership by way of the recordation of two master deeds in the Ocean County Clerk's office creating 87 condominium units. This form of ownership continues to this date.
(3)
Once the community is reconstructed, residential structures
will be permitted to be expanded, added to or enlarged only under
the zoning provisions provided herein. If an applicant wishes to expand,
add or enlarge the square footage of a structure that exceeds the
standards provided in this overlay zone, the applicant will need to
seek a variance before the approving authority to do so.
(4)
Each residential dwelling unit shall be elevated in order to
meet or exceed floodplain requirements.
(5)
Staircases, decks, porches and other attached structures shall
not extend outside of the building structure footprint if the result
would be the creation of a separation of less than 10 feet between
structures. If a residential dwelling structure is less than 15 feet
in width, there may be structures attached to the building structure,
provided that the combined side and the rear yard structure separations
are not less than eight feet in the Bay Area and five feet in the
Median Area. This restriction shall not apply to any residential dwelling
for which there is a validly existing approval by the approving authority
as of the date of the adoption of this section.
(6)
As multiple structures are proposed on parcels listed, setbacks
will be measured from streets, property lines, common roadways or
as spacing between structures, where appropriate.
B.
Permitted uses. The following are permitted uses in the Camp Osborn
Overlay District:
(1)
Detached single-family residential units.
(2)
Duplex dwellings.
(3)
The following shall be permitted anywhere within the Camp Osborn
Overlay District:
(a)
Municipal parks, playgrounds and other municipal buildings and
uses as are deemed appropriate and established by the Township Council.
The minimum land area shall not be less than 1/2 acre.
(b)
Other public buildings of a governmental, community or cultural
nature.
(c)
Condominium-owned parking lots.
(d)
Decks and porches attached to the principal structure are permitted
as otherwise provided in this section.
C.
Accessory uses permitted throughout the Camp Osborn Overlay District:
(2)
At-grade patios, concrete walks and pavers are permitted within
setback limits.
(3)
Storage is permitted under structures that have been elevated
to meet floodplain elevation; however, these areas are required to
be secured as to prevent hazardous conditions during flooding and
may not impede required parking areas.
D.
Area, yard and building requirements.
(1)
Bay Area (Block 25, Lot 4).
(a)
Detached single-family residential units.
[1]
Front yard setback: zero feet for the principal
structure from Marion Street; three feet required for any egress point.
[2]
Setback from all parcel perimeter boundaries: five
feet minimum.
[3]
Building separation, side to side: a minimum five-foot
separation between buildings.
[4]
Maximum density: 25 units/acre.
[5]
Maximum height:
(b)
Duplex units.
[1]
Front yard setback: a minimum of five feet from
the New Jersey Route 35 right-of-way.
[2]
Front yard setback (interior roads): zero feet
for the principal structure from West Marion Street; three feet required
for any egress point.
[3]
Building separation, side to side: a minimum ten-foot
separation between buildings.
[4]
Building setback, rear to rear: a minimum ten-foot
separation between buildings.
[5]
Side yard setback at perimeter boundaries: five
feet.
[6]
Rear yard setback at perimeter boundaries: five
feet.
[7]
Maximum density: 25 units/acre.
[8]
Maximum height:
(2)
Median Area (Block 26, Lot 4).
(a)
Detached single-family residential units.
[1]
Front yard setback: zero feet for principal structure
from Marion Street; three feet required for any egress point.
[2]
Setback from all parcel perimeter boundaries: five
feet minimum.
[3]
Building separation, side to side: a minimum eight-foot
separation between buildings.
[4]
Maximum density: 31 units/acre.
[5]
Maximum height:
(b)
Duplex units.
[1]
Front yard setback: a minimum of five feet from
the New Jersey Route 35 right-of-way.
[2]
Front yard setback (interior roads): zero feet
for the principal structure from Marion Street; three feet required
for any egress point.
[3]
Building separation, side to side: a minimum ten-foot
separation between buildings.
[4]
Building setback, rear to rear: a minimum ten-foot
separation between buildings.
[5]
Side yard setback at perimeter boundaries: five
feet.
[6]
Rear yard setback at perimeter boundaries: five
feet.
[7]
Maximum density: 31 units/acre.
[8]
Maximum height:
(3)
Ocean Area (Block 36, Lots 13, 18, 22, and 24).
(a)
Single-family.
[1]
Front yard setback: 10 feet for the principal structure
from interior roadways; three feet required for any egress point.
[2]
Setback from all parcel perimeter boundaries: six
feet minimum.
[3]
Building separation, side to side: a minimum ten-foot
separation between buildings.
[4]
Maximum density: 29 units/acre.
[5]
Maximum height:
(b)
Duplex units.
[1]
Front yard setback: a minimum of 10 feet from the
New Jersey Route 35 right-of-way.
[2]
Front yard setback (interior roads): 10 feet for
the principal structure from interior roadways; three feet required
for any egress point.
[3]
Building separation, side to side: a minimum ten-foot
separation between buildings.
[4]
Building setback, rear to rear: a minimum thirteen-foot
separation between buildings.
[5]
Side yard setback at perimeter boundaries: five
feet.
[6]
Rear yard setback at perimeter boundaries: six
feet.
[7]
Maximum density: 29 units/acre.
[8]
Maximum height:
E.
Off-street parking, loading and vehicular access.
(1)
All parking, loading and vehicular access shall be provided
off-street. Parking shall be required under structures that have been
elevated out of the floodplain to the maximum extent possible if safe
clearance exists and may be counted as an off-street parking space
and has been approved as a parking area on all applicable Township
construction permits.
(2)
Parking is specifically prohibited on the private roadways.
Marked and signed as required by the Police Department/Traffic Safety.
(3)
No activity in this zone shall reduce the existing travel way
as of the date of the adoption of this subsection.
(4)
Each residential unit shall provide and maintain a minimum of
two off-street parking spaces.
(5)
Minimum cartway width for Elder Street, Shell Road, Marion Street
and West Marion Street and any other interior roadway providing access
to any residence within the bay, median or ocean portions of Camp
Osborn: 20 feet.
G.
Local drainage protection.
(1)
Residential units shall be elevated so that the lowest regulated
structural members are above street level and will have at least two
feet of freeboard above the regulatory flood elevation pursuant to
the best available flood mapping.
(2)
Site plans shall be prepared and elevations shall be established
in a manner that considers adverse impacts from street flooding and
local drainage from and onto adjacent properties and shall demonstrate
the protection of the buildings from local drainage flows.
(3)
Positive drainage away from the buildings and towards installed
drainage systems shall be provided, for example in Route 35.
(4)
Low-impact development measures shall be employed in order to
mitigate the impacts of a one-hundred-year storm as per N.J.A.C. 7:8.
H.
Special flood-related hazard regulations.
(1)
Applicants shall demonstrate that they meet or exceed the FEMA
regulations associated with a particular site.
(2)
The area beneath the main structure may only be utilized for
access to the structure, storage and vehicular parking; all other
uses are prohibited. Storage areas may not intrude into the vehicular
parking section. Enclosures at grade level of duplex units may not
exceed 15% of the building's footprint and must meet the requirements
of the Uniform Construction Code.
(3)
All buildings shall be located landward of the reach of mean
high tide.
(4)
Frontal dunes shall not be altered and applicants shall sign
a deed of dedication and perpetual storm damage reduction easement
agreement with the Township of Brick and the State of New Jersey so
that the dunes can be permanently maintained.
(5)
Buildings shall not be located within the thirty-year erosion-prone
area.
