[Amended 11-10-1981 by Ord. No. 354-2BB-81]
No building or structure shall hereafter be erected and no existing building or structure shall be moved, structurally altered, added to or enlarged or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by Part 2 of this chapter and meeting requirements as set forth by the schedule appended hereto and constituting a part of Part 2 of this chapter, nor shall it be reduced in any manner, except in conformity with the yard, lot area, building location, percentage of lot coverage, required off-street parking space and such other regulations designated in said schedule and Part 2 of this chapter for the zone in which such building, structure or space is located. In the event of any such unlawful encroachment or reduction, such building or structure shall be deemed to be in violation of the provisions of Part 2 of this chapter, and the certificate of occupancy for such building or structure shall thereupon become null and void.
The provisions of Part 2 of this chapter shall not apply to utility distribution or collection lines for water, gas, sewerage, electric and telephone services which are located in a public street or which provide service to private property; provided, however, that public utilities and authorities shall be subject to the provisions of Article XXXII (§ 245-279 et seq.) for the installation of any facilities, except collection or distribution lines.
Every principal building shall be built upon a lot with frontage upon a private or public street which has been improved in accordance with the appropriate Township standards or for which such improvement has been ensured by the posting of a performance guaranty pursuant to Part 3, Subdivision of Land, and Part 4, Site Plan Review, of this chapter.
No residential lot shall have erected upon it more than one principal building, except as otherwise provided in Part 2 of this chapter.
[Amended 10-28-1980 by Ord. No. 354-2P-80; 10-28-1980 by Ord. No. 354-2Q-80; 11-29-2005 by Ord. No. 354-2H-05]
A.
Off-street parking spaces shall be provided as specified in Part 2 of this chapter and shall be provided with the necessary passageways and driveways. All such space shall be deemed to require space on the lot on which the principal use is situated, except as otherwise provided in Subsection B hereunder, and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced in accordance with the Revised Engineering Design Standards and Specifications of the Township of Brick. Areas of overflow parking areas shall be made of pervious paving material. All parking areas shall be adequately drained. Areas of off-street parking for one-family residential properties may be made of pervious paving materials to minimize stormwater runoff and promote groundwater recharge.
B.
Except in connection with one-family residential uses,
all off-street parking shall be surrounded by concrete curbing, or
when deemed appropriate, substitute flush curbs with curb stops, or
curbing with curb cuts to encourage the discharge of impervious areas
into landscaped areas for stormwater management. The use of the natural
vegetated swales for the water quality design storm, with overflow
for larger storm events into storm sewers is required.[1]
[1]
Editor's Note: Original § 190-17,
Signs generally, was repealed 8-25-1992 by Ord. No. 354-2C-92, and
original § 190-18, Signs in business and light industry
zones, was repealed 8-25-1992 by Ord. No. 354-2C-92, both of which
immediately followed this section.
[Added 6-12-2000 by Ord. No. 354-2BB-00; amended 11-28-2006 by Ord. No. 37-06; 4-29-2008 by Ord. No. 23-08]
Home office uses shall be permitted accessory
uses in residential zone districts, provided that:
A.
The use is limited solely to office use;
B.
The use is not operated by a number of employees such
as to unreasonably cause a disturbance impacting the ability of neighbors
to peacefully enjoy their property;
C.
No nonresident employees, customers, or business invitees
or guests shall visit the dwelling unit for business purposes in numbers
such as to unreasonably cause a disturbance impacting the ability
of neighbors to peacefully enjoy their property;
D.
The use shall be located in only one room of the dwelling
unit, which shall not be served by an entrance separate from the household;
E.
Interior storage of materials shall only consist of
office supplies;
F.
There shall be no change to the exterior of buildings
or structures because of the use and no outside appearance of a business
use, including, but not limited to, parking, storage, signs, or lights;
G.
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents;
H.
The use does not require any increased or enhanced
electrical or water supply;
I.
The quantity and type of solid waste disposal is the
same as other residential uses in the zone district;
J.
The capacity and quality of effluent is typical of
normal residential use and creates no potential or actual detriment
to the sanitary sewer system or its components;
K.
Delivery trucks shall be permitted or provide delivery
services to a home office only on weekdays between the hours of 9:00
a.m. and 5:00 p.m.
L.
Taxicab
and limousine services may be permitted as a home office use, provided
that only one taxicab or one limousine may be parked at the residence
in a separate, off-street, improved parking space.
[Added 3-27-2012 by Ord. No. 5-12]
No person, firm or corporation shall strip, excavate or otherwise remove topsoil or any other soil material for use off tract unless he shall obtain a permit from the Township Council as provided in Chapter 383, Soil Removal.
An accessory building attached to the principal building shall comply in all respects with the yard requirements of Part 2 of this chapter in respect to the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, unless specific provisions of the schedule permit otherwise.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of Part 2 of this chapter shall be considered as providing a yard or open space for any other building.
[Amended 6-26-1979 by Ord. No. 354-2B-79; 9-13-1988 by Ord. No. 354-2TTTT-88]
In the case of irregularly shaped lots, the
minimum lot width requirements specified in the schedule shall be
measured at the rear line of the required front yard setback parallel
to the street line, provided that in no case shall the frontage or
the distance between side lot lines at the property line be reduced
to less than 60% of the minimum width requirement, provided that the
requirement for square-foot area for the zone in which the lot is
located is met, and provided further that no lot shall have a frontage
at the right-of-way line of less than 40 feet.
All yard areas facing on a public street shall
be considered as front yards and shall conform to the minimum front
yard requirements for the particular zone. The rear yard shall be
deemed to be the area opposite the narrower lot frontage, and the
remaining lot yard areas shall be determined to be side yards.
At the intersection of two or more streets,
no hedge, fence or wall, other than a single post or tree not exceeding
one square foot in cross-section area, which is higher than three
feet above curb level, nor any obstruction to vision, shall be permitted
in the triangular area formed by the intersecting street lines and
a line joining points each 30 feet distant from said intersection
along said street lines.
[Amended 9-13-1988 by Ord. No. 354-2TTTT-88]
Where a building lot has frontage upon a street
which in the Official Map or Master Plan of Brick Township or any
official plan or proposal of Ocean County or the State of New Jersey
is contemplated for right-of-way widening, the required front yard
shall be measured from the proposed future right-of-way or sidewalk
easement or sidewalk dedication. In addition, no lot shall be created
in the Township of Brick, with the exception of corner lots, which
has frontage on more than one public or private right-of-way.
All quasi-public uses, such as but not limited
to churches and schools and other similar places of worship or instruction,
shall have a minimum lot requirement of two acres. The use will comply
with all other requirements of the zone in which it is located.
A.
The following uses and activities are specifically
prohibited in the Township of Brick:
(1)
Auction markets, except at such time and place as
may be designated pursuant to the licensing thereof.
(2)
House trailer or trailer coach parks.
(3)
Junkyards, automobile wrecking yards or disassembly
yards, or the sorting or baling of scrap metal, paper, rags or other
scrap materials.
(4)
Sale or storage of used automobile parts or used building
or construction materials. Required yard space and parking area may
not be encroached upon by inventory, storage or display.
(5)
Aboveground storage of bulk oil or gasoline, including
refining, handling and transmission facilities.
(6)
Animal slaughtering or animal products processing.
(7)
Piggeries (defined as the raising of swine).
(8)
The washing of soil, sand, stone or gravel or an operation
commonly referred to as "sand wash."
(9)
Any sign of the flashing type or whose lights simulate
movement or whose lighting, whether direct or indirect, may cause
glare or may cause a blinding effect on any moving lane or traffic
or which, whether illuminated or not, has any moving part.
(10)
Any use which emits excessive or objectionable
amounts of dust, fumes, noise, odor, smoke, vibration or waste products.
(11)
The use of any premises or building in such
a manner that the health, morals, safety or welfare of the community
may be endangered.
(12)
Solid waste disposal or operation.
(13)
Transient vending or sales.
B.
B-1, B-2, B-3, B-4 and M-1 Zones.
[Amended 9-13-88 by Ord. No. 354-2TTTT-88]
(1)
The following activities shall be prohibited in the
B-1, B-2, B-3, B-4 and M-1 Zones:
(a)
Any use or activity which disseminates dust,
smoke, smog, observable gas, fumes or odors or other atmospheric pollution
beyond the lot lines, or any operation which emits dangerous or harmful
radioactivity or creates any electrical disturbance adversely affecting
the operation of any equipment located beyond the property of the
creator of such disturbance.
(b)
Activities which present hazard of fire or explosion
or other physical hazard to any adjacent building or any hazard or
deleterious effect to plant growth on any land adjacent to the site
of the use.
[Added 4-27-2021 by Ord. No. 7-21]
A.
Purpose.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
N.J.S.A. 24:6I-45b, all cannabis establishments, including a cannabis
cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis
retailer, cannabis distributor or cannabis delivery service, are hereby
prohibited from operating anywhere within the Township of Brick.
B.
Definitions.
As used in this chapter, all classes of cannabis establishments, including
a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler,
a cannabis retailer, and a cannabis distributor or cannabis delivery
service, shall have the meanings as defined in Section 3 of P.L. 2021,
c. 16, N.J.S.A. 24:6I-33 et seq.
C.
General
prohibition. All classes of cannabis establishments, including a cannabis
cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis
retailer, and a cannabis distributor or cannabis delivery service,
but not the delivery of cannabis items and related supplies by a delivery
service, as said terms are defined in Section 3 of P.L. 2021, c. 16,
N.J.S.A. 24:6I-33, are hereby prohibited uses or activities within
the Township of Brick.
[Amended 4-19-2011 by Ord. No. 12-11]
A.
Business and industrial zones. Corner lots in business and industrial
zones and corner lots occupied by a business or industrial use shall
meet the applicable minimum front yard requirements from each abutting
right-of-way for all proposed structures.
B.
Residential zones.
(1)
Principal structure. The side of the building that contains the main
entrance shall be considered the front of the building and that yard
the front yard. For the principal structure, both the front yard and
the side yard that abut a principal right-of-way shall meet the applicable
front yard requirements for that zone.
(2)
Accessory uses:
(a)
Accessory uses located within the front yard and the adjacent
right-of-way shall satisfy the minimum applicable front yard setback
requirements for the principal structure.
(b)
Accessory uses located in the side yard that abuts a right-of-way
but does not contain the main entrance, namely swimming pools, fences,
accessory decks less than 200 square feet and sheds less than 200
square feet in area located within the remaining yard areas fronting
on a street, shall meet 1/2 the minimum front yard requirement for
the zone.
Required yard space and parking area may not
be encroached upon any inventory, storage or display.
[Added 6-10-1980 by Ord. No. 354-2J-80; amended 6-24-1980 by Ord. No. 354-2L-80]
Notwithstanding the provisions of any ordinance
to the contrary, no trailer, semitrailer or truck tractor shall be
located, maintained or stored on any premises in the Township of Brick
within the R-R, R-20, R-15, R-10, R-7.5, R-5 and R-M Districts, whether
resting on wheels, blocks or other support, except for purposes of
the delivery of goods, equipment and/or materials to such premises.
[Added 12-28-1980 by Ord. No. 354-2P-80; amended 6-12-1984 by Ord. No. 354-2XX-84; 3-23-1999 by Ord. No.
354-2C-99; 6-8-1999 by Ord. No. 354-2D-99; 6-25-2002 by Ord. No.
354-2F-02]
A.
Two signed and sealed copies of individual plot plans
shall be submitted to the Township Construction Official to accompany
any permit applications for new residential/commercial construction,
major renovations regarding existing property, and for the construction
of pools. The individual plot plan shall be utilized to review the
project for adequate drainage and grading and compliance to all applicable
Township standards.
B.
The Township Engineer will review the submitted documents
and either disapprove or approve the submitted plot plan. The applicant
will be notified if any revisions are required. (All plot plan review
checklists will be copies to the Construction Official).
C.
The Construction Official shall not issue a construction
permit until the Township Engineer approves the proposed individual
plot plan.
D.
Each individual plot plan shall be drawn to a scale
(not less than one inch equals 50 feet), signed and sealed by a professional,
as defined in N.J.S.A. 13:40-7.3, licensed to practice in the State
of New Jersey, and shall be no smaller than 8 1/2 inches by 14
inches.
[Amended 8-8-2006 by Ord. No. 26-06]
E.
Individual plot plans should include the following
information:
(1)
Bearing and distances.
(2)
North arrow; written and graphic scale.
(3)
Existing/proposed easement and dedications.
(4)
Existing/proposed building dimensions; pool dimensions.
(5)
Existing/proposed sidewalks, driveways, and retaining
walls.
(6)
Building envelope graphically depicting and dimensioning
zoning setback requirements and/or setbacks approved by the Board,
if applicable.
(7)
Street name, right-of-way width, pavement width and
composition of the street(s) fronting the lot.
(8)
The title block on the plot plan which must include
the property address, the block and lot number of the property in
question and the name of the applicant.
(9)
Limits of clearing and soil disturbance.
(10)
Existing trees to be protected and remain.
(11)
Location of wetlands and/or any other environmental
constraints to the property. If there are no wetlands, then a note
should be added to the plan stating that no wetlands exists on the
subject property.
(12)
Sufficient street elevations including center
line, gutter and top of curb (if applicable); existing and proposed
lot elevations to include, at a minimum, property corners, midpoints
of property lines, building comers and center of lot; the finished
first floor, basement and garage floor elevations of the proposed
structure; top of pool and sidewalk elevations; and adjacent dwellings,
corner elevations, and topography within 25 feet of property lines.
All elevations shall be according to the NGVD (National Geodetic Vertical
Datum) and the source of datum so noted. Any specific circumstances
for which elevation requirements cannot be met will be subject to
review by the Township Engineer and Construction Official on a case-by-case
basis. Under no circumstances shall individual lots be graded in such
a manner as to redirect stormwater runoff onto an adjacent and/or
downstream property or disturb or change the existing drainage patterns
of an adjacent lot. Drainage flow arrows shall be provided to clearly
depict the directions of stormwater runoff. No grading or the creation
of sump conditions shall be permitted on adjacent lot(s) unless permission
has been specifically granted, in writing, by the owner of said adjacent
lot(s).
(13)
Location of any storm drainage pipes within
25 feet of the property including pipe size, grade, and invert.
(14)
Lot grading which shall be designed to provide
positive runoff with grades at a minimum slope of 1.5%.
(15)
Other items that may be required by the Township
Engineer for proper construction of the site.
F.
Plot plans of Board approved projects shall match
approved subdivision/site plans.
G.
If a basement is proposed, a subsurface soil investigation
certified by a licensed engineer shall be submitted with the plot
plan.
H.
The applicant shall submit a foundation survey prior
to an inspection of the foundation for approval and backfilling. This
survey shall include the location of the foundation. If the as-built
survey establishes locations or elevations different from those submitted
in the plot plan, changes in the proposed grading shall be noted.
I.
The applicant shall submit a final as-built survey,
for new residential/commercial construction signed and sealed by a
professional engineer or land surveyor prior to requesting a final
certificate of occupancy (CO) inspection from the Township Engineer.
An as-built survey of a swimming pool may be required at the discretion
of the Township Engineer.
J.
A final inspection for a swimming pool is required
from the Engineering Department prior to issuance of a certificate
of occupancy.
K.
Exemption from the requirements of this section for
an addition or a pool requires the approval of the Township Engineer,
said exemption to be contingent upon:
[Added 12-9-1980 by Ord. No. 354-2R-80]
Storage sheds in single-family residential zones
shall not exceed 12 feet in height. Sheds having an overall floor
area of up to 100 square feet shall be located no closer to the side
and rear property lines than a distance equal to 1/2 the height of
the structure. Storage sheds having a floor area greater than 100
square feet shall be erected in conformity with the side and rear
yard depth requirements for accessory buildings in the respective
zone.
[Added 4-25-2000 by Ord. No. 354-2L-00; amended 9-24-2001 by Ord. No. 354-2KK-01]
A.
All membrane structures must meet the required setbacks associated with accessory structures as specified for the applicable zone indicated in the Schedule of Area, Yard and Building Requirements referred to in § 245-10.[1] Furthermore, no membrane structure shall be erected within
15 feet of the water's edge. The maximum height of any membrane structure
shall not exceed 25 feet. A membrane structure shall not be constructed
under or within 10 feet of any overhead wiring.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
B.
No advertising shall be permitted on any membrane
structure.
C.
Upon an applicant filing a permit application with the Township Division of Inspections and subject to the location requirements above, if approved an applicant may erect a membrane structure for a period not to exceed six months during a twelve-month consecutive period unless approved by the Board of Adjustment or the Planning Board. The application will have a certification indicating that the applicant will remove said membrane structure by a specific date or be subject to a penalty not to exceed the penalty in § 245-329.
[Amended 11-28-2006 by Ord. No. 37-06]
[Added 11-10-81 by Ord. No. 354-2BB-81; amended 3-11-2008 by Ord. No. 12-08]
The following standards shall apply to any wind
energy conversion system (WECS) in the Township of Brick:
A.
Location. WECSs shall only be permitted in industrial
and business zones in the Township of Brick.
B.
Noise. The maximum noise level permitted appurtenant
to the operation of a WECS shall not exceed 65 decibels (dbA scale)
as measured at any property line.
C.
Height. The maximum allowable height on any WECS shall
be 125 feet as measured from the top of the blade to the ground.
D.
Blade height. The minimum clear distance between the
rotating blade in its lowest position and the ground surface below
it shall be 15 feet.
E.
Electromagnetic interference. All WECSs shall be properly
and adequately filtered or shielded to prevent interference with any
television or radio reception or transmission and shall be in compliance
with any federal, state or county regulations.
F.
Labeling requirements.
(1)
All enclosures surrounding any WECS shall be clearly
marked with at least two signs within six feet of ground level warning
of high voltage. Additionally, the following information shall be
clearly posted on the generator or alternator assembly of the WECS:
(2)
All of the preceding information shall be easily readable
from ground level or located at the WECS control panel. Additionally,
the maximum survival wind speed for both the dynamic and static conditions
and both the normal and emergency shutdown procedures must be listed.
G.
Notification of electric utility company. The Jersey
Central Power and Light Company shall be notified, in writing, of
any proposed interface of the company's electric distribution grid
prior to making application to the Township for zoning and building
permits and proof of such notification shall be provided with the
permit applications.
H.
Setbacks. All WECSs shall be located on the lot so
as to provide the maximum distance between the WECS and existing or
proposed residences or buildings on adjoining properties. In no case
shall a WECS be located such that a blade in a rotating position would
be closer than 10 feet to an adjoining property line.
I.
Governmental approvals. The provisions of this section
are subject to approval by any federal, state or county agency, where
applicable.
[Added 12-30-1987 by Ord. No. 354-2OOOO-87; amended 6-14-1988 by Ord. No. 88; 9-12-1989 by Ord. No. 345-2H-89; 12-12-2000 by Ord. No. 345-2GG-00; 6-25-2002 by Ord. No. 345-2G-02; 11-28-2006 by Ord. No. 37-06; 6-9-2009 by Ord. No. 34-09; 8-24-2010 by Ord. No. 40-10; 7-14-2020 by Ord. No. 11-20]
A.
No fence shall be erected within the Township of Brick unless a permit
for the erection of such fence shall have been obtained from the Construction
Official and/or Zoning Officer in accordance with the requirements
of this section. The fence permit application shall further be accompanied
by an accurate survey identifying the tax lot and block upon which
the proposed fence is to be located, the name and address of the applicant,
the height and location of the proposed fence in relation to all property
lines of the premises upon which the fence is to be located and the
material and type of construction of the proposed fence. "Fence or
fencing" is defined as any wood, masonry, plastic, metal, vinyl or
aluminum structure(s) or any wall, constructed to shield, screen or
protect a lot or portion of a lot.
B.
No fence which shall be constructed under this section within the
front yard setback area of any lot shall exceed four feet in height.
Any such fence constructed within the front yard setback shall be
of a design such as chain link, post and rail or pickets. All pickets
shall be spaced at least two inches apart, and each picket shall be
no more than 3 1/2 inches in width.
C.
No fence which shall be constructed under this section along any
side or rear property line shall exceed six feet in height.
D.
Any fence, hedge or other vegetation which shall be constructed under this section at the corner of a corner lot shall be placed at 45° to each sideline for a distance of 10 feet back from the intersection of the fence line along both street sides of the lot and shall not create a view obstruction. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection B of this section. No fence shall be erected in the public right-of-way under any circumstances.
E.
No fence to be constructed under this section shall be located less
than 10 feet from the pavement or cartway of any street, whether public
or private.
F.
Any fence to be constructed under this section shall be erected with
the finished side facing the exterior of the lot which is being enclosed
and shall be maintained in good and safe condition at all times. In
addition, where a wire fence is to be constructed under this section,
the unfinished or cut portion of such fence shall be installed toward
the ground.
G.
The height limitations provided for in this section shall not be
applicable to any fence constructed in any industrial or commercial
district within the Township of Brick.
H.
Upon completion of the erection of a fence under this section, requiring
a construction permit, the permittee shall notify the Construction
Official of the completion of the same and shall request an inspection
of the fence.
I.
Notwithstanding any provision of this section to the contrary in
cases in which the applicant's lot fronts on any body of water, the
applicant shall be limited to installing a fence of no greater than
four feet in height for any area within 200 feet of the body of water.
Any such fence constructed within 200 feet of a body of water shall
be of an open design such as chain link, post and rail, or picket.
All pickets shall have at least two inches of spacing between each
picket and be no more than 3 1/2 inches in width.
J.
Notwithstanding any provision of this section to the contrary in
cases in which the applicant's lot fronts on any body of water, no
hedge or other vegetation of greater than four feet in height shall
be maintained within 15 feet of a body of water. Hedges and other
vegetation greater than four feet in height, and acting as a shield
or screen on a lot or portion of a lot existing prior to September
1, 2010, shall be exempt from the provisions of this section.
K.
Where the applicant's lot fronts on any body of water, the property
owner may install a fence of up to six feet in height between the
applicant's dwelling and any adjacent dwelling, so long as there are
at least six feet between the dwellings in question. Such fence may
extend only from the waterward house line of the two relevant dwellings
which is furthest from the water to the streetward house line of the
two relevant dwellings which is furthest from the street as such lines
are shown on a survey showing the corners of both the applicant's
dwelling and the adjacent dwelling at issue. Where a property fronts
on any body of water and is on a corner lot, the provisions of this
section shall not apply to the streetward side of such lot. Nothing
in this section shall alter setback or other fencing requirements
as established by this Code.
[Added 6-8-1999 by Ord. No. 354-2E-99]
A.
Where required: Walls or portions thereof that retain
earth and enclose interior spaces and floors below grade shall be
waterproofed and dampproofed in accordance with this section.
B.
The results of a subsurface soil investigation shall
be submitted to the Township Construction Official to accompany any
permit applications for new residential/commercial construction with
proposed basements. The purpose of the investigation is to determine
the possibility of the groundwater table rising above the proposed
elevation of the floor(s) below grade.
(1)
The subsurface soil investigation shall be performed
and certified by a professional engineer licensed to practice in the
State of New Jersey. The investigation shall determine the possibility
of the groundwater elevation, seasonal high-water table, and soil
characteristics.
(2)
Exception. A subsurface soil investigation shall not
be required where:
(a)
Waterproofing is provided. Specification of
the waterproofing system shall be submitted with the building permit
application. The waterproofing system shall consist of either 1) sixty-millimeter
rubberized asphalt membrane with a polyethylene film, 2) one-hundred-eighty-millimeter
hot applied rubberized asphalt membrane, or 3) an equal approved by
the Construction Code Official. The waterproofing system shall be
installed in accordance with the manufacturer's specifications and
installation instructions. Upon completion, the system shall be certified
by the contracted installer.
C.
Where the subsurface soil investigation indicates
that a hydrostatic pressure condition does not exist and the seasonal
high-water table (SHWT) is below the lowest floor elevation, floors
and walls shall be dampproofed in accordance with the applicable Building
Codes.
D.
Where the subsurface soil investigation indicates
that a hydrostatic pressure condition does exist and/or the SHWT is
above the lowest floor elevation, walls and floors shall be waterproofed.
Specifications of the waterproofing system shall be submitted with
the building permit application. The waterproofing system shall consist
of either 1) sixty-millimeter rubberized asphalt membrane with a polyethylene
film, 2) one-hundred-eighty-millimeter hot applied rubberized asphalt
membrane, or 3) an equal approved by the Construction Code Official.
The waterproofing system shall be installed in accordance with the
manufacturer's specification and installation instructions. Upon completion,
the system shall be certified by the contracted installer.
E.
A subsoil drainage system may be installed in lieu
of the waterproofing requirements for hydrostatic pressure conditions.
Where the groundwater table is lowered and maintained at an elevation
not less than six inches below the bottom of the lowest floor, the
walls and floors shall be dampproofed in accordance with applicable
Building Codes. A base course shall be installed under the floor and
a drain around the foundation perimeter. The base course and drain
shall be constructed in accordance with the applicable Building Codes.
(1)
The floor base and foundation perimeter drain shall
discharge by gravity or mechanical means to a positive outfall or
stormwater collection system that directs water away from the site.
The drainage system and discharge locations shall be reviewed and
approved by the Township Engineer.
(2)
Drainage systems that recycle groundwater and have
no positive outfall shall not be used as an alternative to waterproofing.
[Added 5-9-2000 by Ord. No. 354-2Z-00]
A.
Maximum impervious area definition shall be the maximum
area allowed to be covered on site by impervious surfaces, i.e., buildings,
pavement, concrete walks and drives including decks.
B.
The maximum allowable impervious lot coverage shall be specified in the Schedule of Area, Yard and Building Requirements, referred to in § 245-10 of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
[Added 5-9-2000 by Ord. No. 354-2AA-00; amended 6-23-2009 by Ord. No. 42-09; 6-15-2010 by Ord. No. 32-10]
A.
Applicability. All in-ground swimming pools for residential use are permitted in all residential zones, including those attendant to residential association building clubhouses. Installation of all such pools must be in compliance with the engineering permit procedures as established by § 245-29 and the standards below.
B.
Construction and maintenance; electrical connections.
(1)
All materials used in the construction of swimming pools shall be
waterproof and so designed and constructed as to facilitate emptying
and cleaning and shall be maintained and operated in such manner as
to be clean and sanitary at any time when any such pool shall be in
use or at such times as the same shall be subject to use. Inlets of
the treated water shall be so located and spaced as to secure satisfactory
dispersion of the water throughout the pool and not to interfere with
draining, cleaning and disinfecting of the bottom and sides. Sand
or earth bottoms shall not be used.
(2)
It shall be unlawful to use any temporary electrical appliances in
a portable pool or wading pool. All electrical connections shall be
of waterproof type and shall bear the underwriter's seal and shall
be effectively grounded.
(3)
Lot grading plan.
(a)
In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/zoning permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Municipal Engineer in accordance with § 245-29, Plot plans and as-built survey.
(b)
The Municipal Engineer's approval of a grading plan or revised
plan shall be based on a determination that the plan is designed to
control surface waters in a manner that will not adversely affect
the subject property and abutting lands. No construction may start
and no land disturbances may occur until such determination is made.
Whenever the Municipal Engineer considers it necessary or appropriate,
he may require that a lot grading plan include temporary measures
to be taken during the performance of any construction work to prevent
adverse water from running off onto abutting lands. The failure of
a property owner to comply with an approved lot grading plan for said
property, including temporary measures to be taken during the performance
of construction work, shall constitute a use of the subject property
in violation of this chapter.
(c)
If required by the Township Engineer, a pool as-built plan shall
be submitted to the Engineering Department to verify the location
of the pool. No further inspections will be performed by any Township
Department until this plan is received.
(d)
Neither an occupancy permit nor a certificate of occupancy shall
be issued for any property which is the subject of a lot grading plan
until the Municipal Engineer has inspected the property and determined
that the construction conforms with the lot grading plan.
(e)
If a certificate of occupancy is issued for a property where
a house is also being constructed, prior to full compliance with a
lot grading plan and full compliance is not affected by the date set
forth in the report of the Municipal Engineer, the continued occupancy
of such property after such date shall constitute a use of such property
in violation of this chapter.
(f)
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 30 inches in height above the natural grade, engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of Chapter 168. Fill materials and topsoil shall conform to all requirements of Chapter 383.
(g)
An engineering inspection/review fee of $150 shall be paid with
the engineering application.
(h)
In addition, any sidewalk curbing or pavement on a Township
right-of-way damaged during the construction of the pool and/or accessory
construction must be replaced to the reasonable satisfaction of the
Municipal Engineer prior to issuance of the certificate of occupancy.
Sidewalk, curb and pavement construction shall conform to all applicable
sections of this chapter.
(i)
In addition, ground cover (grass, sod, etc.) disturbed by the
construction of the pool and/or accessory construction must be restored
to the satisfaction of the Municipal Engineer prior to the issuance
of the certificate of occupancy.
Area, yard and building requirements for aboveground pools shall be as specified for accessory structures in the Schedule of Area, Yard and Building Requirements referred to in § 245-10 of this chapter.
[Added 11-12-1985 by Ord. No. 354-2III-85]
A.
Where the dedication of retention and/or detention basins or the
dedication of any open area as a public improvement is a condition
of any subdivision, site plan or other governmental approval for development
in the Township, the Township shall be responsible for the maintenance
of such retention and/or detention basins and/or open area from and
after the date that the Township shall have released all performance
guaranties in the development or that section of the development in
which the retention and/or detention or open area is located and a
deed of dedication of the lands is executed and filed in the office
of the County Clerk.
[Amended 12-14-2021 by Ord. No. 22-21]
B.
Stormwater management areas include retention and
detention basins, drainage ditches and swales. This subsection does
not apply to underground stormwater recharge areas, which may only
be planted if approved by the Township Engineer. Sensitively designed
basins and swales can be a visually pleasing benefit to the health,
welfare and safety of Brick Township residents. The general design
concept of these areas should be to deemphasize their function creating
aesthetic landscape features. Improvements consistent with one of
the following concepts, or an alternate concept of more appropriate
design, shall be provided:
[Added 7-25-2000 by Ord. No. 354-2DD-00]
(1)
Open space/recreation feature. This landscape concept
is appropriate in situations where a basin is the largest or only
portion of green or open space in an area or adjacent to existing
open space and additional open space is desired. It is also appropriate
for smaller, highly visible basins where a visually pleasing open
area is desired.
(a)
The area shall be graded creatively to blend
into surrounding landscape and the design of the site. This may be
provided by an informal meandering edge with varying slopes, and gentle
berming in locations emulating a natural depression.
(b)
Provide planting along the perimeter of the
area to reinforce the design concept. As a general guideline, 10 trees
for every 100 linear feet of perimeter length should be provided.
These trees shall have a minimum size of 2 1/2 to three inches
caliper for shade trees, eight feet to 10 feet in height for evergreen
trees and six to eight feet in height and one inch to 1 1/2 inches
caliper for ornamental trees. The majority of trees should be shade
trees unless otherwise required by the board of jurisdiction
(c)
To provide recreational open space, concentrate
frequently flooded detention in a basin area (five- to ten-year storm
volume) and provide a gently sloping, less often flooded, area (ten-
to one-hundred-year storm volume) as a recreation open field space.
Provide ball field and/or play areas integrated with plantings in
a parklike manner.
(d)
The design of all drainage structures should
reflect the overall design concept for the area and shall make these
structures visually pleasing or less obtrusive. Consider the type
and color of materials and grading or planting around structures at
the approval of the Township Engineer.
(2)
Reforestation. This landscape treatment is appropriate
for detention basins and drainage areas that are not highly visible
or are adjacent to areas of mature woodlands, conservation areas or
wetlands. It reverts the disturbed area to a revegetative, stable,
low maintenance, natural landscape asset over time.
(a)
The area shall be graded creatively to blend
into the surrounding landscape and the design of the site. This may
be provided by an informal meandering edge with varying slopes and
gentle berming in locations emulating a natural depression.
(b)
The area shall be planted with shade trees on
the perimeter, banks and interior of the basin at the rate of one
tree for every 400 square feet of area. Of this quantity, 10% shall
be 2 1/2 inches to three inches caliper, 20% shall be 1 1/2
inches to two inches caliper and 70% shall be eight feet to 10 feet
in height.
(c)
The trees shall be planted in groves and spaced
five feet to 20 feet on center. The ground plane shall be seeded with
a naturalization, wildflower and/or meadow seed mix. The specific
blend shall be approved by the Township Engineer. All woody and herbaceous
plants shall be species indigenous to the area and/or tolerant of
typical wet/dry floodplain.
(d)
All engineered basin structures shall be designed
to blend into the landscape in terms of construction materials, color,
grading and planting.
(e)
Plantings shall not be located within 20 feet
of a low-flow channel or outlet or inlet structure to allow for maintenance.
(f)
Provision for emergency access as well as general
maintenance of the basins shall be subject to the review and approval
of the Township Engineer. Plantings shall be designed to disguise
yet not hinder vehicular access.
(g)
Plantings are not permitted upon any dikes associated
with a detention basin unless approved by the Township Engineer.
(3)
Stormwater retention ponds. This landscape treatment
can take on a variety of landscape forms, from formal reflecting pools
and canals or entry fountain features to natural parklike lakes and
ravines.
(a)
Water fountain features are encouraged in the
design of all development as an open space/recreation feature.
(b)
The water's edge shall be easily maintained
and stable. Possible treatments might include riprap, stone walls,
natural plantings, decking and bulkheads.
(c)
The plantings of the perimeter of the features
shall accentuate view and interest and integrate pedestrian paths,
sitting areas and other uses.
(d)
Plantings shall include formal or informally
massed deciduous and evergreen trees and shrubs to screen and frame
views with ornamental trees, shrubs and grasses used for visual interest
or special effects. A continuous landscape area shall be provided.
(e)
If used as a recreational feature, the connection
to the water must be addressed and controlled. The types of uses shall
be specified and the plantings and pedestrian spaces shall be integrated
with the uses.
(f)
Plants with pervasive roots systems shall not
be located where they may cause damage to drainage pipes or other
underground utilities.
(g)
All engineered basin structures shall be designed
to blend into the landscape in terms of construction materials, color,
grading and planting.
[Added 10-25-1988 by Ord. No. 354-2ZZZZ-88]
Any building which was the subject of a commercial
use in the B-1 Neighborhood Business Zone on premises east of Barnegat
Bay as of October 1, 1988, may be improved, expanded, restored or
rebuilt, in accordance with those standards established by this chapter
for the B-1 Zone, notwithstanding the fact that such premises may
have been included in the R-5 or R-7.5 Zones on or subsequent to such
date.
[Added 6-10-2008 by Ord. No. 26-08]
Notwithstanding any provisions to the contrary in this chapter, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Brick Township Planning Board or Brick Township Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of Chapter 245 and the proposed sidewalk shall be designed and constructed in accordance with the requirements of Chapter 245, all as set forth in the Codified Ordinances of the Township of Brick.
A.
Payment in lieu of sidewalk and curbing.
(1)
Any developer seeking minor subdivision, major
subdivision, minor site plan and/or major site plan approval may request
a waiver of the requirement to install curbing and sidewalks along
all street frontages of the subject property by agreeing to pay a
sum to the Brick Township Pedestrian Safety Fund equal to the cost
of said curbing and sidewalk. Said cost shall be determined by the
Township Engineer based on the documented construction costs for public
improvements prevailing in the general area of the municipality.
(2)
In determining whether to grant the requested
waiver and accept a payment in lieu of the installation of sidewalk
and curbing, the Planning Board or Board of Adjustment shall consider
the following factors:
(a)
The presence or absence of curbing and sidewalks
in the general vicinity of the subject property.
(b)
The practical difficulty as established by the
applicant of installing such improvements in or adjacent to the subject
property due to exceptional topographic conditions, drainage concerns
and/or the deleterious impact to surrounding properties as a result
of the installation of such improvements.
(c)
The recommendation of the Board or Township
Engineer.
B.
Brick Township Pedestrian Safety Fund.
(1)
There is hereby established the Brick Township
Pedestrian Safety Fund (hereinafter "fund").
(2)
Said fund shall be dedicated to pay for the
cost of designing and constructing various pedestrian safety projects
within Brick Township.
(3)
All monies paid by developers in accordance
with this section shall be deposited into said fund.
(4)
The Chief Financial Officer of the Township
is hereby directed to establish and maintain the fund and to make
disbursements upon the request of the Township Engineer for designated
pedestrian safety improvements.
[Added 6-9-2009 by Ord. No. 35-09]
Individuals/applicants seeking to provide barrier-free access
to any residential or commercial building are exempt from the requirements
of the Zoning Ordinance as it pertains to the barrier-free construction.
Individuals/applicants must still obtain the appropriate engineering
approvals and building permits but need not seek variance relief.
