The restrictions, requirements and controls
intended to regulate developments and the use of land in each zone
are set forth hereinafter and supplemented by other sections of this
chapter.
[Amended 7-25-1979 by Ord. No. 19-1979; 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 35-1983; 3-11-1992 by Ord. No. 8-1992; 6-12-2002 by Ord. No. 34-2002]
A.
Permitted principal uses shall be:
(2)
Single-family dwellings.
(3)
Churches and other similar places of worship.
(4)
Golf courses.
(6)
Private schools, museums, nonprofit clubs, fraternal
organizations and volunteer independent fire companies, rescue squads
and first-aid squads.
(7)
Marinas, subject to all standards, conditions and
development regulations of the MC District.
[Added 10-12-2005 by Ord. No. 55-2005]
B.
Permitted accessory uses shall be:
(1)
Uses customary and incidental to the principal uses.
(2)
Roadside stands for the sale of produce, primarily
raised and produced by the owner of the premises, provided that said
roadside stand is located 30 feet from the street line.
(3)
Professional home offices, provided that not more
than 25% of the gross floor area of the principal building is used
for office purposes.
(4)
Private garage.
[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 11-1983; 11-9-1983 by Ord. No. 35-1983; 6-12-2002 by Ord. No. 34-2002]
[1]
Editor's Note: Former § 225-29,
R-1 PUD Residential Zone, was repealed 2-24-1993 by Ord. No. 9-1993.
[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 11-1983; 6-12-2002 by Ord. No. 34-2002]
[Amended 12-8-1982 by Ord. No. 71-1982; 2-24-1993 by Ord. No. 9-1993; 6-12-2002 by Ord. No. 34-2002]
[Amended 7-25-1979 by Ord. No. 19-1979; 12-8-1982 by Ord. No. 71-1982; 6-12-2002 by Ord. No. 34-2002]
[Amended 12-8-1982 by Ord. No. 71-1982; 6-12-2002 by Ord. No. 34-2002]
A.
Permitted principal uses shall be:
(1)
Same as § 225-32A(1) through (3).
B.
Permitted accessory uses shall be:
(1)
Same as § 225-32B(1) and (2).
D.
Permitted modifications and conditional uses shall
be: none.
[Added 9-13-2000 by Ord. No. 33-2000]
The purpose of the R-6 Residential District
is to permit residential development that is compatible with existing
development in the waterfront areas of the Township.
[Added 10-11-1978 by Ord. No. 24-1978]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental to the
principal uses.
D.
Permitted modifications shall be:
(1)
Planned unit development regulations.
(a)
Application procedures. Any application for
a planned development shall be made under and in accord with all the
regulations and procedures as set forth for a major subdivision and
major site plan as set forth in Egg Harbor Township Ordinance No.
17-1977.[1]
(c)
Accessory uses shall be uses customary and incidental
to the principal use.
(d)
Development regulations for planned unit development.
[1]
Minimum land area required to qualify development
option provisions: 80,000 square feet. The minimum required area shall
include only lands adjacent to each other under single ownership and
located within the zone district specified.
[Amended 4-25-2007 by Ord. No. 18-2007]
[2]
Maximum floor area ratio (FAR): 1.85. The floor
area ratio (FAR) shall be calculated by the fraction produced by dividing
the total proposed building floor area by the total acreage of the
tract.
[Amended 4-25-2007 by Ord. No. 18-2007]
[3]
Gross density dwellings/acre: 12 per acre. Gross
density shall be calculated by multiplying the maximum number of dwelling
units permitted per acre times the total acreage of the tract.
[5]
Minimum and maximum percentage of total FAR
permitted for commercial uses: The words “commercial use”
shall include all retail and wholesale trade business engaged in the
sale and/or service of food, clothing, household goods, appliances
and furnishings. Uses commonly known as department stores, banks,
theaters, barbershops and beauty shops, delicatessens, grocery stores,
markets, restaurants, drugstores, bowling alleys, hotels, motels,
boatels and marinas shall also be classified as commercial uses.
[Amended 4-25-2007 by Ord. No. 18-2007]
[7]
Minimum percent required open space of total
area of tract: 50%. Minimum required open space shall include all
lands, whether to be in common open space, public facility areas or
public areas. Required open space lands shall not include yard areas
used for nonresidential purposes and, where access to such yard(s)
is closed to the public, land area within the right-of-way of a public
or private street and land area between walkways or sidewalks and
buildings wherein the principal use of said lands is to provide for
pedestrian traffic to and from buildings and parking lots. Open space
areas may include portions or all the area of lots, provided that
the owners' association is established in accordance with applicable
state law or the land is dedicated to the Township in order to ensure
permanent establishment and maintenance of the open space area(s).
E.
Other standards for residential development.
(1)
Townhouse development. A "townhouse development" for
purposes of this subsection shall mean a townhouse residential cluster
developed as a single entity which has a common or public open space
as an appurtenance.
(a)
The maximum density for a townhouse residential
cluster shall be 12 units per acre.
(b)
Minimum setback distance shall be 100 feet from
all existing state and county roads or any road other than a local
street as designated upon the Master Plan of Egg Harbor Township.
The minimum setback from all other public streets shall be 50 feet.
(c)
Minimum floor area per unit shall be 750 square
feet.
(d)
Maximum floor area per unit shall be 1,850 square
feet.
(e)
Maximum average aggregate per unit floor area
of all townhouses shall be 1,400 square feet.
(f)
Minimum off-street parking requirements shall
be that 1.75 spaces shall be required per unit.
(g)
Floor plans for each typical development shall
be required.
(2)
Standards for multifamily residential buildings and
accessory uses which are customarily incidental to said use, such
as but not limited to private car garages, swimming pools, recreational
areas and incidental structures necessary thereto, management offices
and maintenance and storage buildings, shall be:
(a)
Minimum frontage.
[1]
Minimum frontage shall be 300 feet on an existing
perimeter street. For the purpose of minimum frontage, the entire
tract submitted as a planned unit development shall be considered.
[2]
Minimum frontage, side and rear yard widths;
shall be 50 feet. For the purposes of minimum frontage of side and
rear yard widths, the entire tract submitted as a planned unit development
shall be considered.
(b)
Height regulations. Residential structures may
exceed 30 feet in height, provided that for each one foot of building
height in excess of 30 feet, an additional one foot setback from a
property line and/or public perimeter street shall be required.
(c)
No basement units are permitted.
(e)
Floor plans of typical units shall be required.
Any room other than kitchen, bathroom, closet or combined living-dining
room shall be counted as a bedroom for purposes hereof.
(g)
Minimum off-street parking requirements shall
be 1.5 spaces for each residential dwelling unit.
(h)
Recreational requirements. The following recreational
requirements shall be met and developed with facilities suitable to
serve the residents of the dwelling units. Said facilities shall be
located so as not to be detrimental to adjacent property owners by
virtue of noise, light, glare and any other objectionable features
emanating therefrom.
(i)
All projects shall be serviced by public water
and sewer utilities.
F.
Standards of commercial development. All commercial
site development shall comply with the minimum standards of the HB
District, except as modified or supplemented hereafter:
[Amended 2-24-1993 by Ord. No. 9-1993]
(1)
Total building area used for retail sales shall not
exceed 20% of the tract.
(2)
No building and off-street parking used for commercial
use shall be located within 150 feet of an R-5 Zone line.
(3)
Commercial structures may exceed 35 feet in height,
provided that for each one foot of building height in excess of 35
feet an additional one foot setback from an R-5 Zone district line
and public street line shall be required.
(4)
For the purposes of interpreting the minimum standards
of the HB District, the entire tract of land submitted for development
as a PUD shall be considered as the outer boundaries in relation to
the requirements for minimum lot size, minimum required yard depth
and minimum percentage of lot coverage.
G.
Open space requirements.
(1)
In reviewing applications for planned unit development,
the Planning Board will require evidence that adequate open space
in appropriate locations will be available.
(2)
Open space must have safe and convenient pedestrian
access.
(3)
The applicant must consult with the Planning Board
early in the design stage to ascertain open space requirements. Suitable
land equal to the minimum percent of the total gross area as specified
herein shall be designated as open space. Such open space shall consist
of common open space, public open space, public areas inclusive of
pathways and bike trails and public drainageways which shall be established
and regulated in conformance with state statute.
(4)
Common open space. The landowner shall provide for
the establishment of an organization for the ownership and maintenance
of any common open space, and such organization shall be established
and regulated by all applicable standards and conditions of state
statute.
H.
Required land use development staging.
(1)
As a condition to preliminary approval of a planned
unit development plan, the Planning Board may permit the implementation
of the plan in whole or in sections or in stages consisting of one
or more sections or stages, under the sequence of actions determined
as a part of the development plan. Such sections or stages shall be:
(a)
Substantially and functionally self-contained
and self-sustaining with regard to access, parking, utilities, open
spaces and similar physical features and shall be capable of substantial
occupancy, operation and maintenance upon completion of construction
and development.
(b)
Properly related to other services of the community
as a whole and to those facilities and services yet to be provided
in the full execution and implementation of the development plan.
(c)
Provided with such temporary or permanent transitional
features, buffers or protective areas as the Planning Board may require
as will prevent damage or detriment to any completed section or stage,
to other sections or stages and to adjoining properties not in the
development plan. Plans and specifications of such sections or stages
are to be filed with the Planning Board and are to be of sufficient
detail and at such scale as to fully demonstrate the following:
[1]
The arrangement and site locations of all structures,
primary and accessory land uses, parking, landscaping, public and
private utilities and service facilities and land ownership conditions.
[2]
Estimates of the economic base of the section
or stage and its one or more sections or stages as supported by such
evidence as the estimated cost and market values of structures and
land improvement increase of taxable values; costs of maintenance
and services to be borne by public and private agencies; potential
rental scale costs of utility installation; the financial ability
of the developer to complete the plan and such other financial considerations
as the Planning Board shall deem applicable.
[3]
Estimates of its population characteristics
such as the size and composition of future population in terms of
probable family sizes of the several dwelling unit types; their need
for public services and protection, for recreational facilities and
for commercial and professional services; anticipated rental scales;
and related consideration.
[4]
Such further reasonable evidence and fact that
the Planning Board may require in order to determine that the objectives
and standards set forth herein are met.
[5]
Upon finding that the plan and specifications
for the proposed development of the section or stage conform to the
above conditions, the Planning Board shall so inform the administrative
officers as are charged with the issuance of permits for the construction
of utilities or structures that upon presentation of requisite working
drawings and specifications such permits may be issued. Upon substantial
completion of any section or stage, which shall include all performance
bonds, covenants and similar instruments to assure such completion,
and before proceeding with the review and approval of additional sections
or stages, the Planning Board may require a report and review of the
status, character and conditions and other previous completed sections
or stages with regard to their compliance with the plans, specifications
and estimates which formed the basis for their action and approval.
Upon finding that such compliance has occurred, the Board shall begin
proceedings for the review of the new section or stage.
[6]
As a further condition for approval of later
sections or stages, the Board may require or permit adjustments or
modifications in the conditions established in the approved development
plan to compensate for differences between the estimates of record
on previously approved and completed sections or stages as required
and the actual conditions prevailing upon their completion. In this
regard, consideration may be given to the balance of land uses established
consistent with the conditions of the development plan and the extent
of variation from the social and economic estimates upon which previous
approval may have been based.
(2)
Notwithstanding the aforementioned conditions and
regulations, the following schedule for land development prevails.
Following preliminary approval of the development plan, building permit
shall be issued for the development plan in accord with the following;
(a)
No building permit shall be issued for more
than 25% of the residential units until at least 15% of the total
commercial development contemplated by the total development plan
has been issued.
(b)
Following the issuance of certificates of occupancy
for 15% of the total commercial buildings of the development plan,
then building permits may be issued for no more than an additional
25% of the total of the residential units of the development plan.
No further residential permits shall be issued until an additional
25% of the total contemplated commercial development is constructed,
for which certificates of occupancy are issued.
(c)
Following the issuance of a certificate of occupancy
for the additional 25% of the commercial building area, building permits
may be issued for the plan. No further residential permits shall be
issued until an additional 35% of the total of the commercial development
contemplated has been constructed and for which certificates of occupancy
have been issued.
(d)
Following issuance of certificates of occupancy
for 75% of the commercial areas of the development plan, then the
building permits may be issued for the balance of the residential
dwelling units of the development plan.
(e)
Other standards and conditions of general applicability:
street, utilities and other public facilities. The authority granted
to the Planning Board and the Township of Egg Harbor to establish
standards for the location, width, course and surfacing of public
streets and highways, alleys, ways for public service facilities,
curbs, gutters, sidewalks, streetlights, parks, playgrounds, school
grounds, stormwater drainage, water supply and distribution, sanitary
sewers and sewage collection and treatment shall be vested in the
Planning Board for the purposes of this section. The Planning Board
is hereby authorized to make such modifications of standards and requirements
otherwise required of subdivisions as set forth in the Land Subdivision
Ordinance of the Township of Egg Harbor[2] as long as such modifications are consistent with the
terms of this section, except that the following minimum standards
shall apply:
[1]
The right-of-way and pavement widths for internal
ways, roads and alleys serving townhouse clusters and commercial and
industrial developments shall be determined from sound planning and
engineering standards in conformity to the estimated needs of the
full development proposed and the traffic to be generated thereby
and shall be adequate and sufficient in size, location and design
to accommodate the maximum traffic, parking and loading needs and
the access of firefighting equipment and police vehicles and shall
be certified thereto by a competent expert or experts licensed under
the laws of the State of New Jersey. In such instance, other provisions
of this section shall not apply but may serve as general guides to
the Planning Board in approving the development plans. Internal private
roads shall have a required pavement width as follows:
[2]
Electrical utility lines. All electric, gas
and telephone utility lines shall be installed underground. Prior
to the issuance of a building permit, written certification from each
serving utility shall be required which shall evidence full compliance
with the provisions of this requirement.
[3]
In addition to all other standards, conditions
or requirements set forth in this section, all site and building plans
shall be reviewed by the Planning Board in regard to safety and convenience
of traffic access and parking, disposition and usability of open space,
compatibility of building types, building construction, floor plans
and other factors relating to site design. Said site review will also
include site design as it fits in with the general development of
the entire development plan area.
[Amended 12-8-1982 by Ord. No. 71-1982; 2-24-1993 by Ord. No. 9-1993; 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 35-2002]
A.
Permitted principal uses shall be:
(1)
Restaurants, including drive-in and quick-food restaurants.
[Amended 12-21-2011 by Ord. No. 39-2011]
(2)
Professional or business offices; banks.
(3)
Private or public schools, clubs and eleemosynary
uses.
(4)
Food markets and supermarkets, delicatessens, bakeries;
liquor stores.
[Amended 12-21-2011 by Ord. No. 39-2011]
(5)
Personal service establishments limited to shoe shops,
laundries, barbershops, beauty parlors, hardware shops and drugstores.
(6)
Business services limited to shops of plumbers, carpenters,
electricians, painters or similar tradesmen, provided that in these
permitted stores or shops, no merchandise shall be carried other than
that intended to be sold at retail on the premises, and provided that
only electric motor power is used for operating any machine used incidental
to any permitted use and that in no one store shall more than a five-horsepower
motor be so employed.
(8)
Personal wireless telecommunications facility not
to exceed 120 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
(9)
Commercial recreation facilities, including outdoor
and indoor theatres, miniature golf and golf driving ranges, batting
cages, bowling alleys, indoor soccer, skating rinks and others similar
to those noted herein.
[Added 5-30-2007 by Ord. No. 28-2007]
D.
Permitted modifications and conditional uses:
(1)
Automotive repair and service uses subject to the
following special requirements:
(a)
No automotive repair or service shop shall store
out of doors in a front or side yard any wrecked, damaged, disassembled
(either in whole or in part) vehicles, boats or used automotive or
marine parts or used supplies or materials thereof. Any such storage
area located in a rear yard shall be screened so that no stored vehicle
or article shall be visible from the front of the premises or the
front of any adjacent premises. No materials whatsoever may be stored
within the front yard setback for the NB Zone.
(b)
No part of any building used as an automobile
repair shop nor equipment incidental thereto shall be erected within
100 feet of any residential zone boundary line.
(c)
All lifts and greasing equipment shall be located
within an enclosed building.
(2)
Shopping centers subject to a minimum lot area requirements of three
acres.
[Added 12-21-2011 by Ord. No. 39-2011]
E.
Other requirements shall be:
(1)
(Reserved)
(3)
Transition or buffer area requirement. A landscaping
buffer strip of 15 feet in width shall be installed along any common
property line of a lot in the NB Zone and residential zones, except
that when the adjoining lot in the residential zone is used for nonresidential
purposes, no buffer strip shall be required.
[Amended 12-8-1982 by Ord. No. 71-1982; 6-8-1994 by Ord. No. 25-1994; 3-14-2001 by Ord. No. 8-2001 6-12-2002 by Ord. No. 35-2002]
A.
B.
Permitted accessory uses shall be:
E.
Other requirements shall be:
(1)
Same as § 225-35E(1) and (2).
[Amended 12-23-1980 by Ord. No. 47-1980; 12-28-1982 by Ord. No. 71-1982; 2-24-1993 by Ord. No. 9-1993]
A.
Permitted principal uses shall be:
(1)
All those principal uses permitted in § 225-35A(1) through (6).
(2)
Warehouses and office buildings.
(3)
Furniture, furnishings and household appliance stores.
(4)
Commercial recreation facilities, including outdoor
and indoor theaters, miniature golf and golf driving ranges, batting
cages, bowling alleys, indoor soccer, skating rinks and other uses
similar to those noted herein.
[Amended 7-14-1993 by Ord. No. 30-1993]
(5)
Funeral homes.
(6)
Shopping centers.
(7)
Banks chartered under state or federal law, not including
drive-in facilities.
(8)
Retail sales and retail services.
[Added 2-11-1998 by Ord. No. 4-1998]
(9)
Personal wireless telecommunications facility not
to exceed 120 feet in height.
[Added 3-14-2001 by Ord. No. 8-2001]
(10)
Car wash.
[Added 10-11-2006 by Ord. No. 51-2006]
(11)
Home improvement stores, including the sale of building materials
and lumber.
[Added 2-13-2008 by Ord. No. 2-2008]
(12)
Fast-food restaurants.
[Added 6-22-2011 by Ord. No. 22-2011]
(13)
Drive-in banking facilities.
[Added 6-22-2011 by Ord. No. 22-2011]
(14)
A public garage, new motor sales or leasing agency or used motor
vehicle sales agency (provided that it is incidental to the sale of
new motor vehicles).
[Added 2-12-2014 by Ord. No. 3-2014]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental to the
principal use or building.
(2)
A single dwelling unit or apartment unit, provided
that the same is physically attached to the principal building.
(3)
Personal wireless telecommunications equipment facility
not to exceed 15 feet in height.
[Added 3-14-2001 by Ord. No. 8-2001]
D.
Permitted modifications and conditional uses shall
be:
(1)
Gasoline filling stations; mixed retail sales and gasoline filling stations subject to additional standards set forth in § 225-71.
[Added 4-11-2012 by Ord. No. 8-2012]
(2)
[1]Arcades subject to the following special requirements:
(a)
There shall be 60 square feet of operating area
for each machine. The calculation of the operating area shall exclude
any area of the premises which is used for other purposes, such as
for eating, toilet facilities, and other uses not directly associated
with or essential to the amusement machines, but shall include access
and walkways primarily serving the machines.
(b)
A minimum of 1,500 square feet of operating
area.
(c)
A maximum total number of 40 machines.
(d)
Off-street parking at a ratio of one off-street
space for each two licensed machines.
(e)
Adequate special parking facilities for bicycles,
mopeds and motorcycles as determined by the Planning Board as part
of site plan review.
(f)
No such enterprise shall be located closer than
1,000 feet to a primary or secondary school, measured door to door.
[1]
Editor's Note: Former Subsection D(2), regarding fast-food
restaurants, was repealed 6-22-2011 by Ord. No. 22-2011. This ordinance
also repealed Subsection D(5), regarding drive-in banking facilities,
and redesignated former Subsection D(3), (4) and (6) as Subsection
D(2), (3) and (4), respectively.
(3)
A used motor vehicle sales agency, subject to the condition that
it involves the construction of a single new building of not less
than 10,000 square feet.
[Amended 11-9-2005 by Ord. No. 57-2005; 12-13-2006 by Ord. No.
79-2006; 2-12-2014 by Ord. No. 3-2014]
(4)
A motel or hotel which furnishes sleeping accommodations
for tourists or short-term transient guests only. Such uses shall
not include rental units equipped with cooking or housekeeping facilities
and shall be subject to the following conditions:
(5)
All
licensed cannabis businesses, as defined herein, are subject to the
following special requirements:
[Added 7-21-2021 by Ord. No. 31-2021; amended 4-20-2022 by Ord. No. 14-2022]
(a)
No boundary perimeter of the business shall be located within
1,000 feet of a school, school facility, park and/or recreational
facility.
(b)
All facilities shall be located within enclosed heated and air-conditioned
buildings and shall not be permitted in greenhouses, hoop houses,
or outdoors.
(c)
Drive-through facilities are prohibited.
(d)
All facilities shall provide an air treatment system with sufficient
odor absorbing ventilation and exhaust systems such that any odor
generated inside the facility is not detectable by a person of reasonable
sensitivity anywhere on adjacent property, within public rights-of-way,
or within any other unit located within the same building as the licensed
facility if the use only occupies a portion of a building. Odor from
the facility shall be monitored on an annual basis at the discretion
of the Township by a licensed, qualified contractor chosen by the
Township at a cost that shall be paid for by the licensed business.
(e)
To the extent not already required by the entity's state license,
all sites must be equipped with security cameras covering all exterior
parking and loading areas, points of entry, and interior spaces which
are either open to the public or used for the storage or processing
of cannabis products. Footage must be maintained for the duration
required under state law. All licensed facilities must provide the
Egg Harbor Township Police Department with access to security footage
immediately upon request by the Department.
(f)
Off-street parking shall be provided in accordance with the
Egg Harbor Township Zoning Ordinance, as deemed sufficient by the
members and professionals of the Township Planning/Zoning Board.
[Added 7-14-1993 by Ord. No. 30-1993; amended 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 35-2002]
A.
Permitted principal uses shall be:
(1)
All those principal uses permitted in the NB
Zone.
(2)
Motels, as defined in this chapter.
(3)
Warehouses and office buildings.
(4)
Automotive repair and service uses.
(5)
New and used car sales dealers, provided that
no outdoor storage for sale vehicles is located closer than 25 feet
from the street line.
(6)
Furniture, furnishings and household appliance
stores.
(7)
Resort recreation uses, limited to commercial
swimming pools, miniature golf and golf driving ranges, campgrounds,
bowling alleys and indoor theaters.
(8)
Gasoline filling stations; mixed retail sales and gasoline filling
stations.
[Amended 4-11-2012 by Ord. No. 8-2012]
(9)
Personal wireless telecommunications facility
not to exceed 120 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
(10)
Car wash.
[Added 10-11-2006 by Ord. No. 51-2006]
(11)
Adult day health care facilities and assisted living facilities.
[Added 11-29-2017 by Ord.
No. 35-2017]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental
to the principal use or building.
(2)
A single dwelling unit or apartment unit, provided
that the same is physically attached to the principal building.
(3)
Personal wireless telecommunications equipment
facility not to exceed 15 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
D.
Permitted modifications and conditional uses shall
be:
[Amended 7-21-2021 by Ord. No. 31-2021]
(1)
All Class 5 (Cannabis Retailer) and Class 6 (Cannabis Delivery) licensed cannabis businesses and medical cannabis dispensaries are subject to the following special requirements as specified in § 225-37D(5).
[Amended 4-20-2022 by Ord. No. 14-2022]
[Amended 12-23-1980 by Ord. No. 47-1980; 8-12-1981 by Ord. No. 18-1981; 12-8-1982 by Ord. No. 71-1982; 3-11-1987 by Ord. No. 6-1987; 3-11-1992 by Ord. No. 8-1992; 2-24-1993 by Ord. No. 9-1993; 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 35-2002]
A.
Permitted principal uses shall be:
(1)
Offices for business, professional and governmental
purposes.
(2)
Light industry where the only activity involved is
one of the fabricating or the assembling of standardized parts as
contrasted to a processing activity which would involve a physical
or chemical process that would change the nature and/or character
of the product and/or raw material.
(3)
The wholesaling or retailing of goods and/or services,
including the warehousing or storage of goods.
(4)
Scientific or research laboratories devoted to research,
design and/or experimentation and processing and fabricating incidental
thereto, provided that no materials or finished products shall be
manufactured, processed or fabricated on said premises for sale, except
such as are incidental to said laboratory activities or are otherwise
permitted in this zone.
(5)
Education facilities, including commercial, private
and public schools.
(6)
Gasoline filling stations; mixed retail sales and gasoline filling
stations.
[Amended 4-11-2012 by Ord. No. 8-2012]
(7)
Furniture, furnishings and household appliance stores.
(8)
A public garage, new motor sales or leasing agency
or used motor vehicle sales agency (provided that it is incidental
to the sale of new motor vehicles) or a used motor vehicle sales agency
which involves the construction of a single new building of not less
than 10,000 square feet.
[Amended 12-13-2006 by Ord. No. 79-2006]
(9)
Commercial recreation facilities, including outdoor
and indoor theaters, miniature golf and golf driving ranges, batting
cages, bowling alleys, indoor soccer, skating rinks and other uses
similar to those noted herein.
(10)
Funeral homes.
(11)
Shopping centers.
(12)
All uses permitted in the NB Zone.
(13)
Personal wireless telecommunications facility
not to exceed 120 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
(14)
Motels, as defined in this chapter.
[Added 6-8-2005 by Ord. No. 24-2005]
(15)
Home improvement stores, including the sale of building materials
and lumber.
[Added 2-13-2008 by Ord. No. 2-2008]
(16)
Fast-food restaurants.
[Added 6-22-2011 by Ord. No. 22-2011]
(17)
Drive-in banking facilities.
[Added 6-22-2011 by Ord. No. 22-2011]
(18)
Adult day health care facilities and assisted living facilities.
[Added 11-29-2017 by Ord.
No. 35-2017]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental to the
principal use or building.
(2)
Outdoor storage of materials incidental to such industrial
uses as are permitted above, provided that the areas for such storage
and the location and type of fencing used to separate them from other
areas and screen them from view from public streets and from other
nonindustrial uses as approved by the Planning Board during site plan
review.
(3)
A single dwelling unit or apartment dwelling unit,
provided that the same is physically attached to the principal structure
on the lot.
(4)
Personal wireless telecommunications equipment facility
not to exceed 15 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
D.
Permitted modifications and conditional uses:
(1)
[1]Arcades subject to the following special requirements:
(a)
There shall be 60 square feet of operating area
for each machine. The calculation of the operating area shall exclude
any area of the premises which is used for other purposes, such as
for eating, toilet facilities, and other uses not directly associated
with or essential to the amusement machines, but shall include access
and walkways primarily serving the machines.
(b)
A minimum of 1,500 square feet of operating
area.
(c)
A maximum total number of 40 machines.
(d)
Off-street parking at a ratio of one off-street
space for each two licensed machines.
(e)
Adequate special parking facilities for bicycles,
mopeds and motorcycles as determined by the Planning Board as part
of site plan review.
(f)
No such enterprise shall be located closer than
1,000 feet to a primary or secondary school, measured door to door.
[1]
Editor's Note: Former Subsection D(1), regarding fast-food
restaurants, was repealed 6-22-2011 by Ord. No. 22-2011. This ordinance
also repealed former Subsection D(3), regarding drive-in banking facilities,
and redesignated former Subsection D(2) as Subsection D(1).
E.
Other requirements shall be:
(1)
Traffic control. Only one access driveway to a public
right-of-way is permitted for every 150 feet of lot frontage on said
right-of-way, with a maximum of three access roads on any one public
right-of-way, and shall be at least 50 feet from any property line
and 100 feet from the intersection of any public roads. Measurements
shall be made from the center line of the road(s) in question.
(2)
Buffer area. A buffer area not less than 50 feet in
width shall be required along any residential zone boundary line tangent
or crossing lands in an RCD District, except when adjoining property
in the residential zone is used for nonresidential purposes. In addition,
the periphery that requires a buffer shall consist of a landscaped
area with at least five-foot-high growth. All buffer areas shall be
planted and maintained with either grass or ground cover, together
with a screen of live shrubs or scattered plantings of live trees,
shrubs or other plant materials meeting the following requirements:
(a)
The preservation of all natural wooded tracts,
provided that the growth is of a density and the area has sufficient
width to serve the purpose of a buffer. Where additional plantings
are necessary to establish an effective buffer, said plantings may
be required.
(b)
Plant materials used in screen planting shall
be at least three feet in height when planted and shall be of such
density as will obscure the glare of automobile headlights emitted
from the premises.
(c)
The screen planting shall be placed so that
at maturity it will not be closer than three feet from any street
line or property line.
(d)
Trees shall be at least five feet in height
when planted and be of balled, burlapped nursery stock and be free
of insect and disease.
(e)
Any plant material which does not live shall
be replaced within one year or one growing season.
(f)
Screen plantings and landscaping shall be broken
at points of vehicular and pedestrian ingress and egress to assure
a clear sight triangle at all street and driveway intersections.
[Amended 12-8-1982 by Ord. No. 71-1982]
The intent and purpose of the Marine Commercial
Zone is to provide and encourage the development of waterfront facilities
for recreational purposes and thereby provide for public access to
the vast Egg Harbor waterfront area. The district is not to be construed
nor is it intended to include year-round occupied residential facilities
as permitted uses.
A.
Permitted principal uses shall be:
(1)
New and used boat sales.
(2)
Marinas as defined in this chapter.
(3)
Buildings for the storage, repair and construction
of boats, but excluding boats designed and/or used as permanent residential
facilities.
(4)
Marine supply shops.
(5)
Personal wireless telecommunications facility not
to exceed 120 feet in height.
[Added 3-14-2001 by Ord. No. 8-2001]
B.
Permitted accessory uses shall be uses and buildings
customary and incidental to the principal use or building, including
but not limited to:
(1)
Outdoor winter storage boatyards and buildings for
indoor storage of boats.
(2)
Retail sales of boating and fishing equipment.
(3)
A single-family dwelling or apartment dwelling unit,
provided that no more than two such units shall be permitted per lot.
(4)
Restaurant to a marina as defined by this chapter,
except that such use shall be limited to 10% of the total floor area
of the principal building(s) on the lot or 2,500 square feet of floor
area, whichever the lesser.
(5)
Personal wireless telecommunications equipment facility
not to exceed 15 feet in height.
[Added 3-14-2001 by Ord. No. 8-2001]
D.
Permitted modifications and conditional uses: none.
E.
Other requirements shall be:
(1)
A buffer strip of 25 feet in width shall be required
along all property lines. The buffer strip shall consist of fencing,
landscaping, earthen mounds or any combination of such. Buffer shall
not apply to bulkheads, boat slips, docks, piers and mooring piles
waterward of the mean high waterline.
[Amended 10-12-2005 by Ord. No. 55-2005]
(2)
All principal buildings shall be set back a minimum
of 25 feet from any bulkhead. This shall not supersede other zoning
setback requirements if they require a greater setback.
[Added 3-11-1987 by Ord. No. 6-1987]
F.
Prohibited uses. Notwithstanding any prohibition or
regulation set forth in this chapter or other ordinances of Egg Harbor
Township, the following uses are specifically prohibited:
[Amended 8-12-1981 by Ord. No. 18-1981; 12-8-1982 by Ord. No. 71-1982; 3-11-1987 by Ord. No. 6-1987; 2-24-1993 by Ord. No. 9-1993; 12-23-1996 by Ord. No. 42-1996; 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 35-2002; 5-28-2008 by Ord. No. 19-2008; 11-25-2008 by Ord. No.
48-2008]
The M-1 and R-I Districts shall be differentiated
one from the other by intensity and class of permitted uses as set
forth below. The M-1 District shall include all uses enumerated. The
R-I District shall permit only those uses set forth in Subsection
A(1) through (6), (10 and (19), all accessory and conditional uses.
A.
Permitted principal uses shall be:
(1)
Manufacturing of light machinery, such as small machine
parts, typewriters, calculators and other office machines.
(2)
Fabrication of metal and wood products, such as baby
carriages, bicycles, metal foil, metal furniture, musical instruments,
sheet metal products and toys, boxes, cabinets and woodworking and
furniture.
(3)
Fabrication of paper products, such as bags, book
binding, boxes and packaging materials, office supplies and toys.
(4)
Business offices.
(5)
Research laboratories comprising any of the following:
biological, chemical, dental, electronic, pharmaceutical and general.
(6)
The warehousing and storage of goods.
(7)
Other permissible industry, comprising any of the
following: brush and broom manufacturing, plastic products, utility
company installations, excepting power generating facilities, electronic
products, farm machinery, glass products manufacturing, jewelry manufacturing,
including gem polishing, leather goods manufacturing (except curing,
tanning and finishing of hides), motion-picture exchange, pharmaceutical
products manufacturing, photo finishing, pottery and ceramic products
manufacturing and thread and yarn manufacturing.
[Amended 6-8-2005 by Ord. No. 25-2005]
(8)
In addition to the above listed uses, any industrial
use not inconsistent with the above may be permitted, provided that
at no time shall any use permitted in this section cause or result
in:
(a)
Dissemination of dust, smoke, smog, observable
gas, fumes or odors or other atmospheric pollution, noise, glare or
vibration beyond the boundaries of the lot on which the creator of
the condition is located.
(b)
Hazard of fire or explosion or other physical
hazard to any adjacent building or to any plant growth on any land
adjacent to the site of the use.
(9)
Farms, as defined by this chapter, including one single
dwelling unit as detailed.
(10)
Retail services, retail and wholesale sales.
(11)
Commercial recreation.
(12)
Hotels and conference centers.
(13)
Education facilities, including commercial,
private and public schools.
(14)
Bulk laundry processing.
(15)
Auction houses.
(16)
Branch banks, including drive-in banking facilities.
[Amended 3-10-2004 by Ord. No. 11-2004]
(17)
Casino gaming equipment assembly, manufacturing,
sales and service.
(18)
Mail, cargo and freight delivery and distribution
facilities.
(19)
Personal wireless telecommunications facility
not to exceed 120 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental to the
principal use or building.
(2)
Private garages.
(3)
Cafeterias.
(4)
Customary and conventional farm accessory uses not
otherwise prohibited in this chapter.
(5)
Day care when established as an integral component
of a principal use permitted in this district.
(6)
Personal wireless telecommunications equipment facility
not to exceed 15 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
D.
Permitted modifications and conditional uses shall
be:
(2)
Vehicle repair subject to the special requirements in § 225-37D(3).
[Amended 7-19-2017 by Ord. No. 25-2017]
(3)
Used auto sales and service subject to the special requirements in § 225-37D(3).
[Amended 7-19-2017 by Ord. No. 25-2017]
(5)
Power generating facilities provided on a lot of 25
acres or more with a lot width of 1,000 feet or more.
[Added 6-8-2005 by Ord. No. 25-2005]
(6)
Ground-mounted solar arrays subject to the following special requirements:
[Added 11-6-2019 by Ord.
No. 31-2019]
(b)
A minimum fifty-foot landscaped buffer designed in accordance with § 94-22C shall be provided between the solar array and any publicly dedicated road or highway and along the common property line of any existing residence, any zone which permits residential uses and any existing low-intensity recreational facility or campground.
(c)
Should the development of new or expansion of existing on-site
or off-site infrastructure be necessary to accommodate the solar energy
facility, clearing shall be limited to that which is necessary to
accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way
shall be limited to a maximum width of 20 feet, unless additional
width is necessary to address specific safety or reliability concerns.
(d)
Any solar energy facility shall be decommissioned within 12
months of the cessation of its utilization. Decommissioning shall
include:
[1]
Removal of all energy facilities, structures and equipment,
including any subsurface wires and footings, from the parcel;
[2]
Restoration of the parcel in accordance with N.J.A.C. 7:50-6.24,
unless restoration is unnecessary because the parcel is to be put
into active agricultural use or approved for development in accordance
with the certified local ordinance within that twelve-month period;
and
[3]
Any other measures necessary to address ecological and visual
impacts associated with the solar energy facility, including the removal
of off-site infrastructure and restoration of affected lands.
(7)
All
licensed cannabis businesses are subject to the following special
requirements:
[Added 7-21-2021 by Ord. No. 31-2021; amended 4-20-2022 by Ord. No. 14-2022]
(a)
As specified in § 225-37D(5).
(b)
For any licensed cultivation, processing, manufacturing, or
similar operation, the facility shall provide for noise mitigation
features designed to minimize disturbance from machinery, processing
and/or packaging operations, loading, and other noise-generating equipment
or machinery. All licensed facilities must operate within applicable
state decibel limitations.
[Added 6-10-2009 by Ord. No. 23-2009]
A.
Intent. The Planning Board has adopted a housing element and fair
share plan element of the Master Plan that recommends that the area
in question be utilized for one-hundred-percent affordable housing.
B.
Purpose. The purpose of the AHO-A is to establish an option to develop
an industrial zoned area into a one-hundred-percent affordable housing
development when said uses can be adequately serviced by the sanitary
sewer system.
C.
Zoning created. There is created an AHO – A Overlay Zoning
District. The following areas shall comprise the AHO – A Overlay
Zoning District: Block 1029, Lots 1, 2, 3, 4, part of 5.01 and 34.
D.
Permitted principal uses shall be:
(1)
One-hundred-percent affordable multifamily attached housing
developments.
E.
Permitted accessory uses shall be:
(1)
Public and private parking;
(2)
Clubhouse, playground or other recreational amenities normally
associated with the principal residential use;
(3)
Rental and/or administrative offices accessory to the principal
residential use; and
(4)
Other uses and structures customarily incidental to a principal
permitted use.
H.
Other requirements shall be:
(1)
All uses must be serviced by public water and public sanitary
sewers;
(2)
Thirty percent of the gross lot area excluding stormwater management
basins must be for common open space; and
(3)
A buffer strip of 25 feet in width shall be required along all
property lines.
[Amended 6-24-2015 by Ord. No. 20-2015]
[Added 2-24-1993 by Ord. No. 9-1993; amended 7-14-1993 by Ord. No. 30-1993; 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 36-2002 8-14-2002 by Ord. No. 48-2002; 11-13-2002 by Ord. No. 72-2002]
A.
Permitted principal uses shall be:
(1)
Manufacturing of light machinery, such as small machine
parts, typewriters, calculators and other office machines.
(2)
Fabrication of metal and wood products, such as baby
carriages, bicycles, metal foil, metal furniture, musical instruments,
sheet metal products and toys, boxes, cabinets and wood working and
furniture.
(3)
Fabrication of paper products, such as bags, book
binding, boxes and packaging materials, office supplies and toys.
(4)
The warehousing and storage of goods, including mini-warehouse
and self-storage facilities.
(5)
Retail services, retail and wholesale sales.
(6)
Commercial recreation.
(7)
Hotels, motels and conference centers.
(8)
Education facilities, including commercial, private
and public schools.
(9)
Branch banks, including drive-in banking facilities.
[Amended 3-10-2004 by Ord. No. 11-2004]
(10)
Personal service establishments limited to shoe
shops, laundries, barbershops, beauty parlors, hardware shops and
drug stores.
(11)
Medical, professional and business offices.
(12)
Restaurants, including fast-food restaurants.
[Amended 6-22-2011 by Ord. No. 22-2011]
(13)
Convenience food stores, food markets, delicatessens
and bakeries.
(14)
Auction houses.
(15)
Casino gaming equipment assembly, manufacturing,
sales and service.
(16)
Mail, cargo and freight delivery and distribution
facilities.
(17)
Research laboratories limited to electronics,
pharmaceutical, experimental and testing
(18)
Other permissible manufacturing/fabrication,
comprising any of the following: brush and broom manufacturing, electronic
products, farm machinery, glass products, pharmaceutical products,
photo finishing, pottery and ceramic products and thread and yarn
manufacturing. In addition, any manufacturing/fabrication use not
inconsistent with the specifically permitted uses are permitted, provided
that the use does not produce any hazard from fire or explosion and
does not result in any result in the dissemination of dust, smoke,
smog, observable gas, fumes or odors or other atmospheric pollution,
noise, glare, or vibration beyond the boundaries of the lot on which
the creator of the condition is located.
(19)
Personal wireless telecommunications facility
not to exceed 120 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental to the
primary use or building.
(2)
Day care when established as an integral component
of a principal use permitted in the district.
(3)
Cafeterias.
(4)
Private garages.
(5)
Personal wireless telecommunications equipment facility
not to exceed 15 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
D.
Permitted modifications and conditional uses:
(3)
New auto sales and used auto sales and vehicle repair incidental thereto subject to § 225-37D(3).[1]
[Amended 7-19-2017 by Ord. No. 25-2017]
[1]
Editor's Note: Former Subsection D(4), regarding fast-food
restaurants, which immediately followed this subsection, was repealed
7-19-2017 by Ord. No. 25-2017.
(4)
All licensed cannabis businesses are subject to the special requirements as specified in § 225-40D(7).
[Added 7-21-2021 by Ord. No. 31-2021; amended 4-20-2022 by Ord. No. 14-2022]
E.
Other requirements shall be:
(2)
Transition or buffer area requirement. A landscaping
buffer strip of 20 feet in width shall be installed along any common
property line of a lot in the GC Zone and residential zones, except
that when the adjoining lot in, the residential zone is used for nonresidential
purposes, no buffer strip shall be required.
[Added 11-13-1996 by Ord. No. 38-1996]
A.
Permitted uses. Principal uses permitted within the
Auto Services Overlay District subject to site plan approval shall
be:
(1)
Auto body and auto repair, including engine, brake
and transmission repairs, which do not sell gasoline.
(2)
Wholesale and retail sales of automobiles and auto
parts displayed out of doors in accordance with a site plan approved
by the Planning Board.
(3)
Personal wireless telecommunications facility (PWTF)
and personnel wireless telecommunications equipment facility (PWTEF).
[Added 3-14-2001 by Ord. No. 8-2001]
B.
Bulk and area standards. The following bulk and area
standards shall apply:
|
Standard
|
Required
| ||
|---|---|---|---|
|
Minimum lot area
|
30 acres
| ||
|
Minimum lot width
|
300 feet
| ||
|
Minimum setbacks
| |||
|
Front
|
50 feet
| ||
|
Side
|
30 feet
| ||
|
Rear
|
30 feet
| ||
|
Maximum building height
|
30 feet
| ||
|
Maximum impervious
|
35%
| ||
|
Minimum floor area
|
1,500 square feet
| ||
|
PWTF
[Added 3-14-2001 by Ord. No. 8-2001] |
120 feet
| ||
|
PWTEF
[Added 3-14-2001 by Ord. No. 8-2001] |
15 feet
| ||
C.
Design and performance standards. The following design
and performance standards shall apply:
(1)
All repair activities must be conducted within a fully
enclosed building.
(2)
All lifts and other equipment must be located within
a fully enclosed building.
(3)
Any motor vehicle awaiting repair may be located on
the premises, provided that said vehicle is located in the rear or
side yard and is screened from view such that no stored vehicle is
visible from the front of the premises or from any adjacent premises.
(4)
No goods shall be displayed, stored or sold within
50 feet of a lot line or within required off-street parking or loading
areas.
(5)
No goods shall be displayed in such a manner which
will impede fire-fighting or other emergency equipment access to any
structure.
(6)
A landscape strip or landscape buffer a minimum of 25 feet in width, designed in accordance with § 94-22C of the Township Code, shall be provided adjacent to each lot line.
(7)
The site plan shall provide details and show the exact
location of all existing and proposed structures, fences, signs, light
standards, landscaping, parking spaces and the area to be utilized
for the storage of motor vehicles.
(8)
Access driveways.
(a)
The minimum distance between any access driveways
and a residence district or parcel used for residential purposes is
50 feet.
(b)
The minimum distance from adjoining property
lines is 10 feet.
(c)
The minimum distance from minor intersections
is 30 feet. Where intersecting streets are major or minor arterials
as defined in the Master Plan, the minimum distance under this section
shall be 50 feet. This distance shall be measured from the right-of-way
lines of the intersecting streets involved.
(d)
The minimum distance between access driveways
located on the subject premises shall be 30 feet.
(e)
No access shall be permitted through a residential
area.
(f)
There shall be a maximum of two access points
for ingress and egress on the subject premises.
(9)
Unless the property owner possesses a valid municipal
junkyard license for the subject premises, wrecked or junked or stripped
vehicles or vehicles in an inoperative condition shall not be permitted
on the premises for a period of more than 30 days.
[Added 2-24-1993 by Ord. No. 9-1993; amended 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 36-2002; 11-13-2002 by Ord. No. 72-2002]
A.
Permitted principal uses shall be:
(1)
Offices for business, professional and governmental
purposes.
(2)
Administrative offices of commercial and industrial
partnerships, companies or corporations, provided that the following
requirements are met:
(3)
Wholesaling, warehousing and distributing, excluding
retail or wholesale sale of lumber, ice, coal, petroleum, quarried
or mined material or similar bulk materials.
(4)
Branch banks, including drive-in banking facilities.
[Amended 3-10-2004 by Ord. No. 11-2004]
(5)
Restaurants, not including fast-food restaurants.
(6)
Indoor athletic and recreational facilities.
(7)
Personal wireless telecommunications facility
not to exceed 120 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
B.
Permitted accessory uses shall be:
(1)
Uses and buildings customary and incidental
to the principal use or building.
(2)
Recreational facilities and cafeterias provided
for employees when integrated into a planned office development incidental
to the primary office use.
(3)
Security watch stations which may contain cooking
and sleeping accommodations when integrated and incorporated into
the primary building.
(4)
Repair facilities for the maintenance of vehicles
used in the operation of a primary use.
(5)
Storage garages for vehicles used in the operation
of the primary use.
(6)
Personal wireless telecommunications equipment
facility not to exceed 15 feet in height.
[Added 5-14-2003 by Ord. No. 20-2003]
E.
Site plan review. Site plan review shall be pursuant to Chapter 198 of the Code of the Township of Egg Harbor.
F.
Parking area requirements. Parking area requirements shall be pursuant to Article VII of this chapter.
G.
Buffer requirements. Buffer requirements shall be pursuant to Chapter 94 of the Code of the Township of Egg Harbor.
H.
Lighting requirements. Lighting requirements shall be pursuant to Chapter 94 of the Code of the Township of Egg Harbor.
[1]
Editor's Note: Former § 225-42.2,
PO-2 Professional Office District, added 2-24-1993 by Ord. No. 9-1993,
as amended, was repealed 6-12-2002 by Ord. No. 36-2002; 11-13-2002
by Ord. No. 72-2002.
[Added 7-14-1993 by Ord. No. 30-1993[1]]
A.
Permitted principal uses shall be:
(1)
Golf course.
(2)
Commercial recreation.
(3)
Municipal parks, playgrounds and other such municipal
buildings and uses as are deemed appropriate and necessary by the
Township Committee.
(4)
Personal wireless telecommunications facility not
to exceed 120 feet in height.
[Added 3-14-2001 by Ord. No. 8-2001]
D.
Permitted modifications and conditional uses shall
be: none.
F.
Parking area requirements. Parking requirements shall be pursuant to Article VII of this chapter.
[Added 2-24-1993 by Ord. No. 9-1993; amended 7-14-1993 by Ord. No. 30-1993; 4-25-2001 by Ord. No. 14-2001; 6-12-2002 by Ord. No. 36-2002; 11-13-2002 by Ord. No. 72-2002]
D.
Permitted modifications and conditional uses shall
be:
(1)
Home occupations subject to the following conditions:
(a)
The gross floor area devoted to the home occupation
use shall not exceed 50% of the total gross floor area of the residence.
(b)
Off-street parking shall be provided for the home occupation in addition to the spaces required in Article VII of this chapter, provided that no more than two additional spaces are provided.
(c)
No more than one nonresident employee shall
be permitted.
(d)
No goods, materials, supplies or items of any
kind may be delivered either to or from the premises, except in a
passenger vehicle owned by the resident.
(e)
No client, customer, patient or patron shall
be permitted to be upon the premises for business or professional
purposes.
(f)
No retail or wholesale of products or materials
shall be permitted on the premises.
(g)
A certificate of occupancy shall be required
for the floor area devoted to the home occupation.
(h)
No sign identifying or advertising the home
occupation shall be permitted.
(i)
Minimum lot size: one acre.
(j)
Minimum parking setbacks: 35 feet from any county
right-of-way; 25 feet from a residential zone; 20 feet from a municipal
right-of-way or rear property line; and zero feet where cross easements
for parking are maintained.
(k)
The Planning Board may impose more restricted
conditions or any further reasonable conditions to the effect of noise,
traffic movement and volume, lighting and/or intensity of such conditional
activities on adjacent land uses and may require a sufficient guaranty
to ensure compliance with such restrictions or conditions.
(l)
All utilities shall be located underground.
(3)
Public and private schools, churches, chapels, synagogues or similar houses of worship subject to § 225-46D(2).
[Added 6-9-2004 by Ord. No. 31-2004]
E.
Maximum density. The density of housing in any development hereafter
constructed shall be not more than one dwelling unit per one acre,
unless a transfer of Pinelands development credits is applied, in
which case the density shall not be greater than 1.50 dwelling units
per one acre.
[Amended 5-30-2012 by Ord. No. 22-2012; 2-27-2013 by Ord. No.
4-2013]
[Added 2-24-1993 by Ord. No. 9-1993; amended 4-25-2001 by Ord. No. 14-2001; 6-12-2002 by Ord. No. 36-2002; 11-13-2002 by Ord. No. 72-2002]
D.
Permitted modifications and conditional uses shall
be:
(1)
Home occupations pursuant to § 225-44D(1)
(3)
Cluster development subject to the following conditions:
(4)
Public and private schools, churches, chapels, synagogues or similar houses of worship subject to § 225-46D(2).
[Added 6-9-2004 by Ord. No. 31-2004]
E.
Maximum density. The density of housing in any development hereafter
constructed shall be not more than two dwelling units per one acre,
unless a transfer of Pinelands development credits is applied, in
which case the density shall not be greater than three dwelling units
per one acre.
[Amended 5-30-2012 by Ord. No. 22-2012; 2-27-2013 by Ord. No.
4-2013]
[Added 2-24-1993 by Ord. No. 9-1993; amended 4-25-2001 by Ord. No. 14-2001; 6-12-2002 by Ord. No. 36-2002; 11-13-2002 by Ord. No. 72-2002]
D.
Permitted modification and conditions uses shall be:
(1)
Home occupations pursuant to § 225-44D(1).
(2)
Public and private schools, churches, chapels, synagogues
or similar houses of worship, provided that the following conditions
are met:
(a)
Minimum lot size: one acre.
(b)
Minimum parking setbacks: 35 feet from any county
right-of-way; 25 feet from a residential zone; 20 feet from a municipal
right-of-way or rear property line; and zero feet where cross easements
for parking are maintained.
(c)
The Planning Board may impose more restrictive
conditions or any further reasonable conditions to the effect of noise,
traffic movement and volume, lighting and/or intensity of such conditional
activities on adjacent land uses and may require a sufficient guarantee
to ensure compliance with such restrictions or conditions.
(d)
All utilities shall be located underground.
E.
Maximum density. The density of housing in any development hereafter
constructed shall be not more than three dwelling units per one acre,
unless a transfer of Pinelands development credits is applied, in
which case the density shall not be greater than 4.50 dwelling units
per one acre.
[Amended 5-30-2012 by Ord. No. 22-2012; 2-27-2013 by Ord. No.
4-2013]
F.
Site plan review. All development pursuant to § 225-46D(2) shall be subject to Chapter 198 of the Code of the Township of Egg Harbor.
I.
Buffer requirements. All development pursuant to § 225-46D(2) shall be subject to § 94-8 of the Code of the Township of Egg Harbor.
J.
Lighting requirements. All development pursuant to § 225-46D(2) shall be subject to § 94-23 of the Code of the Township of Egg Harbor.
K.
Landscaping requirements. All development pursuant to § 225-46D(2) shall be subject to § 94-22 of the Code of the Township of Egg Harbor.
L.
Signs. All development pursuant to § 225-46D(2) shall be subject to Article VIII of this chapter.
[Added 4-18-2018 by Ord.
No. 12-2018]
A.
Purpose.
(1)
The Township of Egg Harbor uses its zoning code to meet affordable
housing needs by requiring residential development in certain districts
in the Pinelands area of the Township to provide affordable housing,
as is required by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.) (hereinafter "Fair Housing Act"). Consistent with Section
329.9 of the Fair Housing Act, this section requires all residential
development within the RG-4 and RG-5 zoning districts to provide a
20% affordable housing set-aside.
(2)
It is the specific purpose and intent of this section to meet
affordable housing requirements required by Section 329.9 of the Fair
Housing Act, in the RG-4 and RG-5 districts of the Pinelands area
of the Township. This section also implements Section 8 of the settlement
agreement between the Township of Egg Harbor and Fair Share Housing
Center (hereinafter "FSHC") in the case entitled In the Matter of
the Application of the Township of Egg Harbor, County of Atlantic,
Docket No: ATL-L-1506-15. The settlement agreement was entered into
between the parties on August 16, 2017, and was approved by the Court
during a properly noticed Fairness Hearing held on October 17, 2017,
which was later memorialized by an order entered by the Court on November
27, 2017.
B.
Applicability.
(1)
This subsection of the land use regulations of Egg Harbor Township
sets forth mechanisms by which developers shall provide affordable
housing based on residential development taking place within certain
Pinelands Areas of Egg Harbor Township.
C.
Exemption. Residential development that has received preliminary
or final approval before the effective date of this section shall
not be required to comply with this section unless the approvals expire,
or approvals related to the development are amended to reflect a substantial
change to the general terms and conditions on which preliminary approval
was granted, including but not limited to use; layout of streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements;
and, in the case of a site plan, any conditions peculiar to site plan
approval.
D.
AFFORDABLE
AFFORDABLE HOUSING DEVELOPMENT
COAH
DCA
DEVELOPER
DEVELOPMENT
FAIR HOUSING ACT
HOUSING UNIT
JUDGMENT OF COMPLIANCE AND REPOSE or JOR
LOW-INCOME HOUSING
MODERATE-INCOME HOUSING
SET-ASIDE
UHAC
VERY-LOW-INCOME HOUSING
Definitions. The following terms, as used in this section, shall
have the following meanings:
A sales price or rent within the means of a very-low, low-
or moderate-income household as defined in N.J.A.C. 5:80-26.2 and
the Fair Housing Act.
A development included in the Township of Egg Harbor's Housing
Element and Fair Share Plan, and includes, but is not limited to,
an inclusionary development, a municipal construction project or a
100%-affordable development.
The New Jersey Council on Affordable Housing.
The New Jersey Department of Community Affairs.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
A house, apartment, room or group of rooms occupied or intended
to be occupied by a household living independently of other households.
The term shall also mean and include a unit occupied or intended to
be occupied by a household in an alternative living arrangement.
An order entered by the Superior Court approving a municipality's
Housing Element and Fair Share Plan after a properly noticed compliance
hearing is held, which also provides immunity from all Mount Laurel
lawsuits, including builder's remedy lawsuits, for a certain period
of time from the entry of the JOR.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by households
with a gross household income equal to more than 50% but less than
80% of the median gross household income for households of the same
size within the housing region in which the housing is located.
The percentage of housing units devoted to very-low-, low-
and moderate-income households within an inclusionary development.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by households
with a gross household income equal to 30% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located.
E.
Residential provisions.
(1)
All residential development in the RG-4 and RG-5 zone districts
that result in the construction of new residential housing units shall
set-aside 20% of the new units for low- and moderate-income households.
50% of the low- and moderate-income units shall be set aside for low-income
households, including 13% of the low-income units for very-low-income
households.
(a)
On-site affordable housing construction. Any developer of residential
housing in the RG-4 and RG-5 zone districts proposing new residential
development shall construct, on its site, a 20% affordable housing
set-aside for low- and moderate-income households. 50% of the low-
and moderate-income units shall be set aside for low-income households,
including a 13% set-aside of the low-income units for very-low-income
households. The 13% very-low-income requirement will not apply to
developments that produce less than eight affordable units.
[1]
As an example, if a residential developer seeks
to construct five units, four of the units may be sold at market rate,
and one unit must be designated as "affordable" for a low-income household.
[2]
As an example, if a residential developer seeks
to construct 20 units, 16 of the units may be sold at market rate,
two units must be designated as "affordable" for moderate-income households,
and two units must be designated as "affordable" for low-income households.
[3]
As an example, if a residential developer seeks
to construct 100 units, 80 of the units may be sold at market rate,
10 units must be designated as "affordable" for moderate-income households,
seven units must be designated as "affordable" for low-income households,
and three units must be designated as "affordable" for very-low-income
households.
(b)
Densities. The Township's residential zoning across the Pinelands
Regional Growth Area was based on the Pinelands Commission's requirements
of 2.5 dwelling units per acre base density with an increase to a
maximum of 3.75 dwelling units per acre through the acquisition of
Pinelands Development Credits. The densities within the RG-4 and RG-5
zones, which exceed the base densities, are as follows:
|
Zoning District
|
Density
|
|
RG-4
|
6.0 du/acre
|
|
RG-5
|
7.5 du/acre
|
(c)
Pinelands Development Credit requirements. Pinelands Development
Credits shall be required for 25% of all units in the RG-4 and RG-5
Zones, excluding those units which are made affordable for very-low-,
low- and moderate-income households. One-quarter of a Pinelands Development
Credit (i.e., one right) shall be purchased and redeemed for every
four non-income restricted units, rounded up to the next highest increment
of a quarter Pinelands Development Credit.
(d)
Application fees for municipal subdivision/site plan approvals.
Application fees for Municipal Planning/Zoning Board approvals which
provide affordable housing units shall be based on the nonincome restricted
units only.
(e)
Example of the affordable housing, bonus density, application
fees and Pinelands Development Credit requirements. As an example,
if a residential developer seeks to develop on 10 acres in the RG-5
Zone the following would apply:
[1]
Units permitted = 75 units.
[2]
Number of affordable units required = 15 units.
[3]
Units for which fees and Pinelands Development
Credits are calculated = 60 market rate units.
[5]
Pinelands Development Credits required: 25% of
60 market rate units = 15 units or 3.75 PDCs.
F.
General provisions for constructing affordable units.
(1)
Affordable housing units being constructed on-site shall be
in conformance with the Fair Housing Act, all applicable COAH and
UHAC regulations, the Township's Affordable Housing Ordinance, applicable
settlement or development agreements, and any applicable court orders
(including any JOR orders and JOR condition follow up orders). Such
requirements shall include, but are not limited to, requirements regarding
phasing schedule, controls on affordability, low-/moderate-income
split, heating source, maximum rent and/or sales prices, affordability
average, bedroom distribution, and affirmative marketing.
(2)
Projects which contain less than 20 total affordable units shall
have the units dispersed throughout the developments and shall be
located within buildings designed to be architecturally indistinguishable
from the market-rate units otherwise being constructed within the
development. Projects which contain 20 or more affordable units shall
have the option of providing 100%-affordable buildings that meet the
requirements for garden apartments at a location on-site. Regardless
of how the units are provided, the scale, massing, roof pitch and
architectural detailing (such as the selection of exterior materials,
doors, windows, etc.) of the buildings containing the affordable housing
units shall be similar to and compatible with that of the market-rate
units.
G.
Other regulations are as follows:
(1)
Every residential development applicant shall be required to
submit a proposed Affordable Housing Production Plan (AHPP) at the
time the application is made. The AHPP shall be a condition of the
"completeness" determination. Each AHPP shall be the subject of review
for consistency with the Fair Housing Act, applicable COAH and UHAC
regulations, the Township's Housing Element and Fair Share Plan, the
Township's Affordable Housing Ordinance, applicable settlement and
development agreements, court orders (including any JOR orders and
JOR condition satisfaction orders), this section and such other rules
and regulations as may be applicable. This review shall be conducted
by the Township Planner and/or by such other person or entity as shall
be designated to administer the Township's affordable housing matters.
(2)
The AHPP shall provide, at a minimum, the following items:
(3)
The AHPP shall be approved by the Board hearing the development
application. The Board shall consider the impacts of the proposal
relative to its consistency with the Fair Housing Act, applicable
COAH and UHAC regulations, the Township's Housing Element and Fair
Share Plan, the Township's Affordable Housing Ordinance, applicable
settlement and development agreements and any court orders (including
any JOR orders and JOR condition satisfaction orders).
(4)
Compliance with the Fair Housing Act, applicable COAH and UHAC
regulations, the Township's Housing Element and Fair Share Plan, the
Township's Affordable Housing Ordinance, applicable settlement and
development agreements, court orders (including any JOR orders and
JOR condition satisfaction orders) with the approved AHPP shall be
a condition of the Board's resolution of approval.
(5)
It shall be the developer's responsibility, at its sole cost
and expense, to contract with an experienced entity for the initial
and ongoing administration of the controls on affordability so as
to ensure full compliance with the Fair Housing Act, applicable COAH
and UHAC regulations, the Township's Housing Element and Fair Share
Plan, the Township's Affordable Housing Ordinance, applicable settlement
and development agreements and any court orders (including any JOR
orders and JOR condition satisfaction orders). By February 1 of each
year, the designated administrative entity shall file with the Township
appointed administrative agent and the Township Clerk of the Township
of Egg Harbor such certifications, reports and/or monitoring forms
as will be required by COAH or the court to verify the continuing
compliance of each affordable unit with the aforementioned applicable
rules, regulations, agreements and court orders. If such an administrative
entity is not the same administrative agent utilized by the Township,
said entity will cooperate with the Township's administrative agent
and make all certifications, reports and/or monitoring forms available
for review and approval upon request.
[Added 2-24-1993 by Ord. No. 9-1993; amended 7-14-1993 by Ord. No. 30-1993; 4-25-2001 by Ord. No. 14-2001; 6-12-2002 by Ord. No. 36-2002; 11-13-2002 by Ord. No. 72-2002; 4-18-2018 by Ord. No.
12-2018]
A.
Permitted principal uses shall be:
(1)
Single-family detached dwellings.
(2)
Public parks, playgrounds, active and passive recreation.
(3)
Two-family dwellings.
(4)
Single-family attached dwellings, provided that:
(a)
Minimum tract size of three acres.
(b)
No single-family attached dwellings will front on a public street.
(c)
There should be a ten-foot-wide buffer area around the perimeter
of the site.
(d)
Adequate sight distances for entrance onto public roads is required.
(e)
No more than eight single-family attached dwellings shall be
contained in any one continuous structure.
(f)
Public sewerage shall be provided.
D.
Permitted modifications and conditional uses shall be:
(1)
Home occupations subject to the conditions contained in § 225-44D(1).
(2)
Public and private schools, churches, chapels, synagogues or similar houses of worship subject to § 225-46D(2).
E.
Density. The density of housing in any development hereafter constructed
shall be not more than six dwelling units per one acre.
F.
Pinelands Development Credit requirements. Pinelands Development
Credits shall be required for 25% of all units, excluding those units
which are made affordable for very-low- low- and moderate-income households.
One-quarter of a Pinelands Development Credit (i.e., one right) shall
be purchased and redeemed for every four nonincome restricted units,
rounded up to the next highest increment of a quarter Pinelands Development
Credit.
G.
Site plan review. All development pursuant to § 225-47D(2) shall be subject to Chapter 198 of the Code of the Township of Egg Harbor.
J.
Buffer requirements. All development pursuant to § 225-47D(2) shall be subject to § 94-8 of the Code of the Township of Egg Harbor.
K.
Lighting requirements. All development pursuant to § 225-47D(2) shall be subject to § 94-23 of the Code of the Township of Egg Harbor.
L.
Landscaping requirements. All development pursuant to § 225-47D(2) shall be subject to § 94-22 of the Code of the Township of Egg Harbor.
M.
Signs. All development pursuant to § 225-47D(2) shall be subject to Article VIII of this chapter.
[Added 2-24-1993 by Ord. No. 9-1993; amended 7-14-1993 by Ord. No. 30-1993; 4-25-2001 by Ord. No. 14-2001; 9-12-2001 by Ord. No. 23-2001; 6-12-2002 by Ord. No. 36-2002; 11-13-2002 by Ord. No. 72-2002; 5-30-2012 by Ord. No. 22-2012; 2-27-2013 by Ord. No. 4-2013; 4-18-2018 by Ord. No.
12-2018]
A.
Permitted principal uses shall be:
(1)
Single-family detached dwellings.
(2)
Public parks, playgrounds, active and passive recreation.
(3)
Two-family dwellings.
(4)
Single-family attached dwellings subject to the following conditions:
(a)
Minimum tract size of three acres.
(b)
No single-family attached dwellings will front on a public street.
(c)
There should be a ten-foot-wide buffer area around the perimeter
of the site.
(d)
Adequate sight distances for entrance onto public roads is required.
(e)
No more than eight single-family attached dwellings shall be
contained in any one continuous structure.
(f)
Public sewerage shall be provided.
D.
Permitted modifications and conditional uses shall be:
(1)
Home occupations subject to the conditions contained in § 225-44D(1).
(2)
Public and private schools, churches, chapels, synagogues or similar houses of worship subject to § 225-46D(2).
(4)
Garden apartments, subject to the following conditions:
(a)
Minimum tract size shall be seven acres.
(b)
No garden apartment will front on a public street.
(c)
A buffer area 20 feet in width shall be provided around the
perimeter of the tract.
(d)
Adequate sight distances for entrance onto public roads is required.
(e)
Each garden apartment shall be limited to a maximum of 20 dwelling
units and a length of 180 feet. Such structures shall be grouped in
clusters of consistent architectural design. A minimum of two feet
of building offset for every two ground floor dwelling units, or a
minimum of four feet of offset for every five ground floor units,
shall be provided.
(f)
An outdoor private living space for each ground floor unit shall
be provided. Adequate visual screening of such living space from all
other neighboring dwelling units, outdoor living spaces, parking areas
and roadways shall be provided.
(g)
A variety of building heights between three- and four-story
structures within a single project is recommended.
(5)
Mix-use planned development option subject to the following conditions:
(a)
Residential components shall be in accordance with the permitted and conditional uses in the RG-5 Zone. All conditional residential components of mixed-use developments must comply with all conditions as specified in Chapter 225 for the particular use.
(b)
Commercial components shall be in accordance with the permitted
uses in the General Commercial (GC) Zone.
(c)
Minimum tract size of 25 acres.
(d)
Minimum frontage of 150 feet on a public street.
(e)
No residential units shall front on an existing public street.
(f)
There shall be a fifty-foot-wide buffer area around the perimeter
of the site.
(g)
Minimum lot depth. All residential units shall have a minimum
depth of 100 feet if parking is located on individual lots, or 80
feet if parking is located off site.
(i)
There shall be a direct pedestrian linkage between the commercial
and residential components of the project.
(j)
Recreational facilities must be provided as part of the mixed-use development in accordance with § 225-73. The Planning Board may accept an in-lieu contribution towards the required recreation, provided that the applicant can demonstrate that the recreational needs can be met by existing Township facilities.
(k)
A homeowners' association shall be formed in accordance with § 94-31 of this Code. All common open spaces including stormwater management facilities shall be owned and maintained by the association. The association may be affiliated with an overall development association or may be a separate association.
(6)
Assisted living or independent living facilities subject to the density requirements of Subsection E below, provided that the following conditions are met:
(a)
Minimum lot size shall be one acre.
(b)
Minimum parking setbacks: 35 feet from any county right-of-way;
20 feet from a municipal right-of-way or rear property line; and zero
feet where cross easements for parking are maintained.
(c)
The Planning Board may impose more restrictive conditions or
any further reasonable conditions to the effect of noise, traffic
movement and volume, lighting and/or intensity of such conditional
activities on adjacent land uses and may require a sufficient guarantee
to ensure compliance with such restrictions or conditions.
(d)
All utilities shall be located underground.
E.
Density. The density of housing in any development hereafter constructed
shall not be more than 7.50 dwelling units per one acre. For mixed-use
developments, the permitted densities shall be based on the total
acreage designated for residential uses.
F.
Pinelands Development Credit requirements. Pinelands Development
Credits shall be required for 25% of all units, excluding those units
which are made affordable for very-low-, low- and moderate-income
households. One-quarter of a Pinelands Development Credit (i.e., one
right) shall be purchased and redeemed for every four nonincome restricted
units, rounded up to the next highest increment of a quarter Pinelands
Development Credit.
[Added 9-12-2012 by Ord. No. 37-2012]
A.
Permitted principal uses shall be inclusionary housing developments,
in conformance with the conditions of the settlement agreement between
English Creek Manor and the Township of Egg Harbor, consisting of
a mix of the following:
(1)
Single-family detached dwellings.
(2)
Single-family attached dwellings, subject to the following:
(a)
No single-family attached dwellings will front on a public street.
(b)
There should be a twenty-foot-wide buffer area around the perimeter
of the site.
(c)
Adequate sight distances for entrance onto public roads are
required.
(d)
No more than eight single-family attached dwellings shall be
contained in any one continuous structure.
(3)
Flats are permitted to be integrated into the buildings containing
the single-family affordable dwelling units.
(4)
Public parks, playgrounds, and active and passive recreation.
D.
Permitted modifications and conditional uses shall be:
(1)
Home occupations, subject to the conditions contained in § 225-44D(1).
E.
Maximum density. Subject to the limitations for each category of
residential use set forth below, the density of housing in the AH-RG-4
Affordable Housing Residential District shall not be more than four
dwelling units per one acre. The density of the mobile home park in
existence as of the effective date of this section shall not be more
than six dwelling units per one acre.
F.
Affordable housing phasing. Affordable units are to be constructed
as follows:
|
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
| |
|---|---|---|
|
25%
|
0%
| |
|
25% + 1 unit
|
10%
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
90%
|
100%
|
G.
Integration. Low- and moderate-income units are to be fully integrated
with the market-rate units, to the extent feasible.
H.
Heating. All affordable units shall utilize the same heating source
as market-rate units if such units are for sale. In the event the
affordable units are in a stand-alone rental building, then a separate
heating source shall be permitted. To the extent that the affordable
units are integrated, then, in accordance with COAH regulations, the
affordable units should utilize the same heating source as the market-rate
units within the inclusionary development, and the affordable units
should also have access to all community amenities available to the
market-rate units.
I.
Access. All affordable units shall access to all community amenities
available to market-rate units and subsidized in whole by association
fees.
J.
Accessible and adaptable units. The first floor of all townhouse
units and all other multistory dwelling units must comply with the
requirements contained in N.J.A.C. 5:97-3.14.
K.
Twenty percent of all the new units constructed must be affordable
to low- and moderate-income households, with a minimum of 50% of the
affordable units affordable to low-income households. Affordable units
must comply with the requirements of N.J.A.C. 5:97-9 and UHAC.
L.
Site plan review. All development shall be subject to Chapter 198 of the Code of the Township of Egg Harbor.
N.
Subdivision review. All development shall be subject to Chapter 198 of the Code of the Township of Egg Harbor.
S.
Flats. The maximum number of flats (single-story multifamily units)
permitted in the AH-RG-4 Affordable Housing Residential District shall
not exceed 25% of the total units constructed in the AH-RG-4 Affordable
Housing Residential District.
T.
Single-family detached dwellings. The minimum number of single-family
detached dwelling units required to be constructed in the AH-RG-4
Affordable Housing Residential District shall be 28. At a minimum,
28 single-family detached dwelling units shall be constructed fronting
Winnipeg Avenue. In the event single-family detached homes do not
front on Winnipeg Avenue, then a fifty-foot landscaped buffer will
be required to be provided along both sides of Winnipeg Avenue where
the single-family units do not front. In the event single-family detached
homes front on Winnipeg Avenue, then no buffer shall be required as
to the side of Winnipeg where the single-family units are located
and front on Winnipeg. "Fronting on Winnipeg Avenue" means that the
front door and driveway shall be along Winnipeg. The intent of the
parties is that there will either be a fifty-foot buffer or single-family
detached units fronting on both sides of Winnipeg.
U.
Completeness requirements. In addition to the requirements contained in the Completeness Checklist in Chapter 198 of the Code of the Township of Egg Harbor, any application for development shall be consistent with the settlement agreement between English Creek Manor and the Township of Egg Harbor.
V.
Affordable unit administration fees. The developer shall pay all
administrative fees associated with the administration of affordable
units in the AH-RG-4 Affordable Housing Residential District.
W.
Affordable units' affordability status. The developer shall take
all steps necessary to ensure the creditworthiness of the affordable
units. Such steps include, but are not limited to, complying with
COAH's bedroom distribution requirements, pricing requirements, marketing
requirements and deed restriction requirements.
X.
Maximum number of units. To implement the settlement between the Township of Egg Harbor and Planning Board and English Creek Manor, Docket No. ATL-L-4234-06 P.W., dated June 1, 2006, the maximum number of units can not exceed 223 on the following lots and blocks: the balance of the following properties after subtracting the lots comprising the mobile home park and the property to be acquired by Egg Harbor Township: Block 3201, Lot 14, and Block 3104, Lot 43; provided, however, that none of the current mobile home park units on Block 3201, Lot 14, and Block 3201, Lot 52, shall be counted in determining this maximum number of units. In the event that there are fewer than 55.783 acres, the maximum number will be adjusted downwards, but not upwards, based upon the following formula: number of acres times four units per acre equals the maximum number of units allowed. The selection by the developer(s) from the use and bulk standards set forth in Subsection Y shall affect the extent to which the 223 units are achieved.
Y.
Pinelands development credits ("PDCs") will not be charged to the
mobile home park, but the purchase and redemption of PDCs is required
for 25% of any new market-rate units constructed in the remainder
of the AH-RG-4 Zone. One right (0.25 PDC) shall be required for every
four such market-rate units.
Z.
[1]
Editor's Note: The revisions indicated have been incorporated into the noted sections. See § 225-52C(1) and (4) for current provisions.
AA.
Use and bulk requirements.
(1)
Density: four units per acre, not including any mobile home
units in existence as of the effective date of this section.
(2)
Single-family detached homes:
(a)
Minimum lot size: 8,000 square feet.
(b)
Minimum lot width: 80 feet.
(c)
Front yard: 35 feet, unless side-entry garage, then 25 feet.
(d)
Rear yard: 25 feet.
(e)
Side yard: 5/15 aggregate feet.
(f)
Side yard accessory structure: five feet.
(g)
Rear yard accessory structure: five feet.
(h)
Maximum building height, principal: 30 feet.
(i)
Maximum building height, accessory: 15 feet.
(j)
Maximum impervious coverage: 45%.
(3)
Single-family attached:
(a)
Minimum lot size: 2,200 square feet.
(c)
Rear yard — rear lot line: 25 feet.
(d)
Side yard — side lot line: 0/20 feet. The first number
represents the distance between units, and the second number represents
the distance from the property line.
(g)
Maximum impervious coverage: 45%.
(h)
Minimum distance between buildings: 50 feet.
(4)
Multilevel townhomes and flats:
