In order to protect the general health, safety
and welfare of Egg Harbor City residents, the following regulations
shall apply.
If the Construction Official, upon inspection,
determines that an unsafe condition exists with respect to building
soundness, he/she shall notify the owner of his/her findings and state
his/her reasons and order the condition repaired or, in the case of
signs and fences, removed within a reasonable time period.
[Amended 5-13-1993 by Ord. No. 8-1993; 8-28-2014 by Ord. No. 9-2014]
In the R-20F District, the owner of a lot one
acre or greater that was privately owned and existing as of January
14, 1981, may develop the parcel for a single-family dwelling, provided
that an application is submitted and approved by the Land Use Board
demonstrating:
A. The owner of the lot proposed for development has
acquired sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least the following:
(1) Twenty acres, if all noncontiguous lands are located
in the R-20F District.
(2) Forty-eight-and-five-tenths acres if all noncontiguous
lands are located in that portion of the WL District in the City's
Pinelands Forest Area.
B. All lands acquired pursuant to Subsection
A, which may or may not be developable, are located within the R-20F District or in that portion of the WL District located in the City's Pinelands Forest Area.
C. All noncontiguous lands acquired pursuant to Subsections
A and
B above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the City or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter
170.
[Amended 2-9-2012 by Ord. No. 5-2012]
D. Title to land.
(1) If title to the noncontiguous land is retained by
the developer, tax assessments for the acquired noncontiguous lands
are combined and assigned in the land to be developed.
(2) Title to the noncontiguous land may be transferred
to an open space conservancy designated by the City.
E. The lot proposed for development otherwise meets the minimum standards of Articles
V and
VI of this chapter.
[Added 2-9-2012 by Ord. No. 5-2012]
In the R-20F District, clustering of single-family
detached residences shall be required whenever two or more units are
proposed as part of a residential development. The following standards
shall apply:
A. Permitted density: one unit per 20 acres.
B. The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection
A above, with a bonus applied as follows:
(1) For parcels under 50 acres in size: zero bonus units.
(2) For parcels between 50 acres and 99.99 acres in size:
bonus of 20%.
(3) For parcels between 100 acres and 149.99 acres: bonus
of 25%.
(4) For parcels of 150 acres or more in size: bonus of
30%.
C. The residential cluster shall be located on the parcel
such that the development area:
(1) Is located proximate to existing roads;
(2) Is located proximate to existing developed sites on
adjacent or nearby parcels;
(3) Is or will be appropriately buffered from adjoining
or nearby nonresidential land uses; and
D. Development within the residential cluster shall be
designed as follows:
(1) Residential lots shall be one acre in size but may
be larger if dictated by unusual site conditions. In no case shall
the average size of residential lots within a cluster exceed 1.1 acres;
(2) Minimum lot width and yard requirements shall be as
follows:
(3) Individual on-site septic wastewater treatment systems that are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of §
170-53B(4) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §
170-53B(5) or
(7) shall also be permitted;
(4) The residential cluster development area shall include
such land and facilities as are necessary to support the development,
including wastewater facilities, stormwater management facilities
and recreation amenities; and
(5) Permitted recreation amenities may include playgrounds,
tot lots, swimming pools, tennis courts and other such recreational
facilities, which are solely for use by the residents of the cluster
development. Recreational amenities shall not be limited to the foregoing
so that the applicant may propose additional facilities. All such
facilities shall be accessory to the residential cluster development.
No advertising or commercial enterprise shall be permitted. In no
case may such amenities occupy more than 1/2 acre of land or the equivalent
of one acre of land for every 25 residential lots, whichever is greater.
E. The balance of the parcel located outside of the residential
cluster development shall be owned and managed by a duly constituted
homeowners' association, a nonprofit conservation organization, Egg
Harbor City or incorporated as part of one of the lots within the
cluster development area.
(1) All such land shall be permanently protected through
recordation of a deed of conservation restriction. Such restriction
shall be in favor of Egg Harbor City or another public agency or nonprofit
conservation organization. In all cases, such restriction shall be
expressly enforceable by the Pinelands Commission; and
(2) Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter
170.
[Added 2-13-2020 by Ord.
No. 3-2020]
The Zoning Officer may authorize installation of a handicap/wheelchair
ramp within a required setback in accordance with the following criteria:
A. The applicant has submitted a letter from a licensed physician specifying
that the handicap/wheelchair ramp is necessary to accommodate a resident
of the property.
B. The handicap/wheelchair ramp shall be designed so as to encroach
into the required setback the minimum distance feasible. In no case
shall the ramp be closer than two feet from a property line unless
in the opinion of the Zoning Officer there is no other feasible alternative
to the location of the ramp.
C. The handicap/wheelchair ramp shall not encroach into any recorded
easement or into the public right of way.
D. The encroachment into the required setback shall be removed when
the individual requiring the handicap/wheelchair ramp no longer resides
on the property or the ramp is no longer required.
E. The handicap/wheelchair ramp shall be designed and constructed in
accordance with the applicable provisions of the Americans with Disabilities
Act (ADA).