Barnegat City Zoning Code
ARTICLE II
Zoning District Regulations 1
§ 55-4 NONCONFORMING USES, STRUCTURES OR LOTS.
[Amended 9-11-95 by Ord. No. 1995-41 and Ord. No. 1995-42 § 6]
The lawful use of land, buildings or structures existing when this chapter was adopted may be continued on the lot or in the structure, although such use may not conform to this chapter, and any such structure may be restored or repaired in the event of the partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered except in conformity with this chapter, except as permitted below. Land on which a nonconforming use or structure is located and any nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.
A.
Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner; if a nonconforming use involving a structure is discontinued for twenty-four (24) consecutive months it shall be presumed to be abandoned. The owner may request an extension for an additional twelve (12) month period provided that application to the Township Committee for such extension is made within the initial twenty-four (24) month period.
B.
Conversion to Permitted Use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status.
C.
Maintenance. Maintenance work may be done to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner without variance.
D.
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.
§ 55-5 GENERAL PROVISIONS.
[Amended 9-18-89 by Ord. No. 1989-29; 8-5-96 by Ord. No. 1996-28 § 1]
A.
No more than one (1) principal building used as a dwelling shall be permitted on one (1) lot, except that this provision shall not apply to senior citizen housing complexes, planned adult communities and multiple-family developments permitted under this chapter.
B.
Exception from Variance Requirement. In all zoning districts, it shall be unnecessary to apply for or obtain a variance for the alteration or enlargement of a structure, if all of the following conditions are present:
(1)
The lot upon which the building is situated complies with the requirements of the applicable zoning ordinance at the time the existing structure was constructed; and
(2)
The lot was made nonconforming solely by reason of the passage of a subsequent zoning ordinance which increased the required minimum frontage of lots in the zoning district in which the lot is located; and
(3)
The proposed alteration or enlargement of the building will not extend into nor encroach upon or diminish the size of the required front, side and rear yard areas; and
(4)
The proposed alteration or enlargement will not increase the height of the building beyond the limits of this chapter.
C.
Temporary On-Site Construction Trailers. Permits may be issued by the Zoning Official for up to one (1) year, subject to renewal, provided, however, that each trailer shall require a separate permit and only one (1) renewal may be issued by the Zoning Official. Applications for further renewal must be made to the Township Committee which may issue further renewals upon proof of good cause.
D.
East of Parkway. Home occupations and home professional offices are a permitted use in all zoning districts, subject to review and approval by the Site Plan Review Subcommittee, pursuant to § 55-141A. Only one (1) home occupation or home professional office shall be permitted on a single lot in any zoning district. (Also see (1) and (2) below.)
E.
Pinelands West of Parkway. Home occupations and home professional offices are a permitted use in all zoning districts with the exception of the PI Planned Industrial Zone, subject to review and approval by the Site Plan Review Subcommittee, pursuant to § 55-141A. Only one (1) home occupation or home professional office shall be permitted on a single lot in any zoning district. Applications for home occupation or home professional office are exempt from the requirements of notice and public hearing.
(1)
Home occupation, as defined in this chapter, shall be reviewed for approval by the Site Plan Review Subcommittee, who shall apply the following criteria:
(a)
The use shall be conducted for commercial gain incidental and subordinate to its use for residential purposes, and carried out within a principal dwelling or accessory building by members of the family residing therein.
(b)
Only one (1) outside employee or assistant who is not a member of the household shall be engaged in the occupation.
(c)
No such use shall alter the residential character of the lot and building in which it is located; no occupational sounds shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences. No materials or products shall be stored outside the dwelling unit or accessory building.
(d)
No more than forty percent (40%) of the total building area shall be used for a home occupation.
(e)
The home occupation shall not reduce the parking or yard requirements of the dwelling. There may be parked on the premises not more than one (1) vehicle owned and operated in conjunction with the home occupation, provided that the vehicle must comply with all Township regulations regarding parking of commercial vehicles. No other vehicle(s) owned or operated in conjunction with the home occupation shall be parked overnight, stored or repaired, either on- or off-premises, within a residential zone, and no such vehicle(s) shall be parked overnight or stored on a street.
(2)
Home professional offices, in a dwelling for use by a member of a recognized profession as defined in this chapter, shall be considered a home occupation for the purpose of this chapter, and subject to the same review criteria and approval process listed in this chapter for a home occupation.
F.
Marijuana, Cannabis and/or Paraphernalia.
[Added 7-3-18 by Ord. No. 2018-23; amended 5-4-2021 by Ord. No. 2021-9]
(1)
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16,[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Barnegat, except for the delivery of cannabis items and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(2)
The following uses or activities are hereby prohibited anywhere within the Township of Barnegat:
(a)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
§ 55-6 DESIGNATION OF ZONING DISTRICTS.
A.
Districts East of Parkway. For the purpose of this chapter, the Township of Barnegat east of the Parkway is hereby divided into the following zoning districts:
[Amended 11-7-88 by Ord. No. 88-36; 4-3-89 by Ord. No. 1989-9; 2-2-98 by Ord. No. 1998-1 § 2; 6-7-04 by Ord. No. 2004-27 § 3; 8-2-04 by Ord. No. 2004-40 § 3; 7-5-05 by Ord. No. 2005-39]
PW | Preserved Waterfront Zone |
R-40 | Residential Zone |
R-20 | Residential Zone |
R-15 | Residential Zone |
R-10 | Residential Zone |
R-7.5 | Residential Zone |
RC-7.5 | Residential Cluster Zone |
R-6 | Residential Zone |
R-MF | Residential Multifamily |
C-M | Marine Commercial |
C-N | Neighborhood Commercial |
C-PHD | Commercial Planned Highway Development |
C-V | Village Commercial Zone |
CC-CPHD | Commercial Core Planned Highway Development Commercial Overlay Zone [Added 5-7-12 by Ord. No. 2012-06] |
TC-CPHD | Town Center Commercial Planned Highway Development Overlay Zone [Added 5-7-12 by Ord. No. 2012-05] |
TC-CN | Town Center Neighborhood Commercial Overlay Zone [Added 5-7-12 by Ord. No. 2012-05] |
TC-CV | Town Center Village Commercial Overlay Zone [Added 5-7-12 by Ord. No. 2012-05] |
ML-1 | Residential Zone |
ML-2 | Residential Zone |
ML-3 | Residential Zone |
ML-4 | Multifamily Residential Zone |
Barnegat Historic District | |
ML-5 | Multifamily Residential Zone |
Multi-Family, Age-Restricted Zone [Added 6-2-14 by Ord. No. 2014-12] | |
B.
Pinelands: Districts West of Parkway. For the purpose of this chapter, the Township of Barnegat west of the Parkway is hereby divided into the following zoning districts:
[Amended 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 6-7-04 by Ord. No. 2004-23 § 1; 7-5-05 by Ord. No. 2005-39]
PA | Preservation Area |
PF | Preserved Forest Pinelands |
PV | Pinelands Village |
PI | Planned Industrial |
C-PHD | Commercial — Planned Highway Development |
CN | Neighborhood Commercial |
RL/AC | Residential Low/Adult Community |
RL | Residential Low |
RM | Residential Medium |
RH | Residential High |
RC | Residential Conservation |
MH | Mobile Home Residential Zone |
§ 55-7 ZONING MAP.
[Amended 7-5-05 by Ord. No. 2005-39; 2-28-08 by Ord. No. 2008-04; 5-7-12 by Ord. No. 2012-08; 10-15-12 by Ord. No. 2012-22; 5-24-2018 by Ord. No. 2018-17]
The Zoning Map prepared by CME Associates, with an effective date of May 24, 2018, is hereby adopted as the official Zoning Map of the Township.
A reproduction of the Zoning Map is printed at the end of the chapter. The Official Zoning Map is located in the Barnegat Township Municipal Building and copies may be purchased.
A.
East of Parkway.
[Amended 2-7-83 by Ord. No. 1983-1; 11-7-88 by Ord. No. 88-36; 6-19-89 by Ord. No. 1989-19; 8-2-89 by Ord. No. 1989-27; 9-11-95 by Ord. No. 1995-41; 8-5-96 by Ord. No. 1996-28; 6-19-00 by Ord. No. 2000-20; 6-7-04 by Ord. No. 2004-27; 8-2-04 by Ord. No. 2004-40 § 4; 7-6-09 by Ord. No. 2009-16; 6-2-14 by Ord. No. 2014-12]
Ord. No. 2014-12 designates Block 195.03, Lot 12 as property within the newly designated Multi-Family, Age-Restricted Zone. Section 55-7 of the Township Code entitled "Zoning Map," in particular Subsection (A) is hereby amended to reflect the designation of the aforementioned property as the new Zone. |
B.
Pinelands—West of Parkway.
[Amended 2-7-83 by Ord. No. 1983-1; 6-19-89 by Ord. No. 1989-19; 10-2-89 by Ord. No. 1989-27; 9-7-93 by Ord. No. 1993-34 § 3; 9-11-95 by Ord. No. 1995-42 § 6; Ord. No. 2000-11 § 2; 6-7-04 by Ord. No. 2004-23; 7-6-09 by Ord. No. 2009-16; 10-15-12 by Ord. No. 2012-22]
Editor's Note: See Appendix I for Redevelopment Plans. |
§ 55-8 ZONING BOUNDARIES.
[Amended 9-11-95 by Ord. No. 1995-41]
A.
Zone boundaries are intended to follow streets, lot lines, hypothetical extensions of lot lines, property lines or other natural lines, such as center lines of watercourses, ditches or lagoons, unless such district or zone boundary is fixed by dimension on the Zoning Map or by description and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.
B.
Where a zone boundary fixed by dimension on the Zoning Map approximately follows and is not more than twenty (20) feet from a lot line, such lot line shall be construed to be the zone boundary.
C.
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
D.
Boundaries indicated as approximately following municipality limits shall be construed as following municipal limits.
E.
Where a zoning lot is located in part in one zoning district and in part in another zoning district, the entire zoning lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon a determination by the Planning Board that the following standards and conditions are met:
(1)
The use contemplated can best be established by utilizing the portion of the zoning lot in the neighboring zone district without materially affecting the adjoining areas.
(2)
The site plan shall be appropriate to the adjoining area.
(3)
A set of plans, specifications and plot plans shall be filed with the Board showing overall dimensions, topographical conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.
F.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by the subsections above, the Board of Adjustment shall interpret the district boundaries.
DIVISION 1: ZONING DISTRICTS EAST OF PARKWAY. |
§ 55-9 PW - PRESERVED WATERFRONT ZONE,
[Amended 11-7-88 by Ord. No. 88-36; 9-11-95 by Ord. No. 1995-41; 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2]
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures.
(2)
Cluster Development, subject to the provisions of this chapter.
(3)
Municipal offices and fire and rescue stations.
(4)
Public schools and colleges.
(5)
Day nurseries.
(6)
Parks and preserves.
(7)
Libraries and museums.
(8)
Golf courses and country clubs.
(9)
Recreational membership facilities, including swimming and tennis clubs.
(10)
Vehicle campgrounds, public or private.
(11)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(12)
Crop and tree farming and horticulture, including greenhouses, nurseries and accessory sheds.
(13)
Raising and keeping of a farm animal for domestic use on a lot having not less than one (1) acre. Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
(14)
Commercial farms for the raising, building and keeping of livestock and poultry for gain on a lot having not less than five (5) acres, provided further that no building housing such animals and no storage of manure shall be permitted within two hundred (200) feet of any adjoining property line.
(15)
Commercial forest harvesting and reforestation activities on a lot of not less than five (5) acres, but not including sawmills and provided that cutting shall not be permitted within four hundred (400) feet of any adjoining lot line.
(16)
Roadside stands for the retail sale of garden produce, similar goods and related supplies and products.
(17)
Farming operations, as defined in this chapter, except that the keeping or raising of swine shall not be allowed except as a part of a general farming operation, and the number of swine shall not exceed one (1) per three (3) acres, and in no case shall more than ten (10) swine be allowed on any farm. No building or enclosure for swine shall be closer than two hundred (200) feet to any property line. No building for the shelter of fowl or other farm livestock shall be closer than fifty (50) feet to any property line or street line, except that where a property line forms the boundary of a residential zone, the setback shall be increased to one hundred (100) feet.
(18)
Riding stables.
(19)
Tourist homes and bed and breakfast.
B.
Accessory and Temporary Uses.
(1)
Display dwellings used for sales purposes in residential subdivisions or projects, provided that such uses shall be terminated when the lot is sold or unit is occupied.
(2)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
(5)
Private residential swimming pools enclosed by safety fences of not less than four (4) feet in height.
(6)
Storage sheds, provided that they do not exceed one hundred eighty (180) square feet.
(7)
A private residential tennis court on a lot not less than one (1) acre.
C.
Conditional Uses. The following uses shall be permitted in the PW Zone, subject to the issuance of a conditional use permit in conformance with the provisions of this chapter.
(1)
Commercial indoor recreation establishments, including bowling alleys and theaters.
(2)
Kennels.
(3)
Extraction of mineral, sand and gravel deposits, subject to the provisions of Township Ordinances relating to the same.
(4)
Cemeteries.
(5)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(6)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(7)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(8)
Indoor antique auction conducted for commercial gain, provided that the use must be carried out and housed within a structure other than a residence and provided further that not more than six (6) persons may be employed on the premises.
D.
Nonbuildable Areas. The following areas shall be considered nonbuildable within the Township of Barnegat.
[Amended 9-5-89 by Ord. No. 1989-26]
(1)
Areas classified as wetlands by the New Jersey Department of Environmental Protection which are flowed by tidal waters. This subsection is subject to allowances granted by the New Jersey Department of Environmental Protection.
§ 55-10 R-40 RESIDENTIAL ZONE.
[Amended 8-5-96 by Ord. No. 1996-28 § 2; 10-5-98 by Ord. No. 1998-22 § 2]
The following regulations apply in the R-40 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes together with its accessory structures.
(2)
Municipal offices and fire rescue stations.
(3)
Public schools and colleges.
(4)
Day nurseries.
(5)
Parks and preserves.
(6)
Libraries and museums.
(7)
Hospitals, clinics and convalescent homes.
(8)
Places of worship, including parish and educational buildings.
(9)
Golf courses and country clubs.
(10)
Recreational membership facilities, including swimming and tennis clubs.
(11)
Vehicle campgrounds, public and private.
(12)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(13)
Crop and tree farming and horticulture, including greenhouses, nurseries and accessory sheds.
(14)
Raising and keeping of a farm animal for domestic use on a lot having not less than one (1) acre. Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
(15)
Commercial farms for the raising, building and keeping of livestock and poultry for gain or a lot having not less than five (5) acres, provided further that no building housing such animals and no storage of manure shall be permitted within two hundred (200) feet of any adjoining property line.
(16)
Commercial forest harvesting and reforestation activities on a lot of not less than five (5) acres, but not including sawmills and provided that cutting shall not be permitted within four hundred (400) feet of any adjoining lot line.
(17)
Roadside stands for the retail sale of garden produce, similar goods and related supplies and products.
C.
Conditional Uses. The following uses shall be permitted in the R-40 Zone, subject to the issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Cemeteries.
(4)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(5)
Assisted living facilities, nursing and convalescent homes and long-term care facilities may be permitted in those zoning districts specified, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the particular zone and the following standards:
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access to and from a county road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building requirements shall be the same as those established for the particular zoning district within which the facility is located.
[d]
Maximum building coverage (combined coverage of all principal and accessory buildings) shall be twenty percent (20%).
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-169, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(e)
Support services, functions and facilities within a facility or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
[11]
Medical Day Care/Social Day Care (Adult Day Services).
[12]
Personal Care Centers (haircutting, shampooing, personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors of the assisted care facility shall be provided based on a total of the following:
[1]
One (1) space per State licensed assisted living dwelling unit. Provided however, that the applicant shall be allowed to provide, at the time of initial construction, one (1) parking space for every three (3) dwelling units, but reserve an adequate area for future construction of the additional required parking spaces should the actual operating experience demonstrate that the amount of parking initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor parking.
[4]
Where fractional spaces result in the calculation of the requirements, the required number shall be constructed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all applicable standards of Federal, State and county regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare:
§ 55-11 R-20 RESIDENTIAL ZONE.
[Amended 10-5-98 by Ord. No. 1998-22 § 3]
The following regulations apply in the R-20 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with accessory structures.
(2)
Municipal offices and fire rescue stations.
(3)
Public schools and colleges.
(4)
Parks and preserves.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(7)
Crop and tree farming and horticulture, including greenhouses, nurseries and accessory sheds.
(8)
Library and museums.
C.
Conditional Uses. The following uses shall be permitted in the R-20 Zone, subject to the issuance of a conditional use permit in conformance with the provisions of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
Raising and keeping of a farm animal for domestic use on a lot having no less than one (1) acre. Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
(5)
Assisted living facilities, nursing and convalescent homes and long-term care facilities may be permitted in those zoning districts specified, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the particular zone and the following standards:
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access to and from a county road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building requirements shall be the same as those established for the particular zoning district within which the facility is located.
[d]
Maximum building coverage (combined coverage of all principal and accessory buildings) shall be twenty percent (20%).
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-169, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(e)
Support services, functions and facilities within a facility or development may include the following or similar personal services.
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
[11]
Medical day care/social day care (adult day services).
[12]
Personal care centers (haircutting, shampooing, personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors of the assisted care facility shall be provided based on a total of the following:
[1]
One (1) space per State licensed assisted living dwelling unit. Provided however, that the applicant shall be allowed to provide, at the time of initial construction, one (1) parking space for every three (3) dwelling units, but reserve an adequate are for future construction of the additional required parking spaces should the actual operating experience demonstrate that the amount of parking initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor parking.
[4]
Where fractional spaces result in the calculation of the requirements, the required number shall be construed to be the nearest whole number.
(h)
Any health care facility shall be licensed by and/or meet all applicable standards of Federal, State and county regulatory agencies.
(i)
Minimum residential floor area. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare:
(6)
Age restricted rental garden apartments may be permitted subject to the issuance of a conditional use permit and adherence to the minimum requirements of this zone and the following standards:
[Added 2-4-02 by Ord. No. 2002-03]
(a)
The age restricted rental garden apartments shall be limited to occupancy by residents who are at least fifty-five (55) years of age or over; provided, however, no child nineteen (19) years of age or under may reside with an occupant. The appropriate approving agency shall have the right to deviate from this Section provided that the deviation shall be in conformance with the United States Fair Housing Act of 1988, P.L. 100-430 U.S.C. § 3601 et seq.
(b)
The site shall have frontage on and have primary direct access to and from a county road or a New Jersey State Highway.
(c)
Garden apartment general standards.
[1]
Maximum building height. No building shall exceed thirty-five (35) feet in height or two and five-tenths (2.5) stories.
[2]
Area and yard requirements.
[a]
The minimum tract size shall be five (5) acres, including the areas of existing street and water areas within the tract boundary lines, provided that they total no more than two percent (2%) of the tract area. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
[Amended 4-5-10 by Ord. No. 2010-04]
[c]
Minimum building yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two (2) abutting yard areas. The minimum yards shall be forty (40) feet for front yards, twenty-five (25) feet for side yards and fifty (50) feet for year yards. No building as measured radially from any corner shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two (2) side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
[d]
No structure shall be more than four (4) dwelling units in any unbroken building line. A setback of not less than four (4) feet shall be deemed a satisfactory break in the building line.
[e]
All residential buildings shall be designated and constructed with a soundproofing barrier between adjoining units with a sound transmission Class 50 as tested by the American Society for Testing and Materials, E90. Floor plans of a typical unit shall be required. Any room other than kitchen, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.
[f]
Land area equal to at least two hundred fifty (250) square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and each shall be at least ten thousand (10,000) square feet in size, at least seventy-five (75) feet wide and have a grade less than five percent (5%).
[g]
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any side shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstreet areas.
[5]
Plan review shall be required by the appropriate approving agency for all garden apartments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
[6]
Within the R-20 Zone allowing apartments, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the other requirements of this chapter.
[a]
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, and which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. The number of dwelling units in one (1) building shall not exceed twelve (12).
[b]
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
[c]
All parking facilities shall be on the same site as the building and located within one hundred fifty (150) feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed twenty percent (20%) of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed thirty percent (30%) of the tract.
[d]
Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths. Building coverage shall not exceed twenty percent (20%) of the tract area.
 |
a = 200 feet on one plane |
b = 340 feet on any angle |
c = 500 feet along the center line |
Buildings measured along the center line shall provide one (1) opening at ground level at least every two hundred fifty (250) feet. This opening shall be a minimum of fifteen (15) feet in clear width and height and shall be at an elevation enabling emergency-vehicle access through the opening. |
[e]
No portion of any dwelling unit shall be a basement.
[f]
Each dwelling unit shall have two (2) separate means of egress to the ground, except that any windowsill which is twelve (12) feet or less above the ground level below it shall be considered a separate means of egress.
[g]
In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit two hundred (200) cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure, where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.
[h]
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
[i]
Each apartment building shall contain a single master television antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior television or radio equipment permitted.
[j]
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary for the health, safety and welfare of the public and in the public interest, including recreational facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Barnegat Township, after approval by the Township Attorney as to form and surety, for a period of no more than one (1) year, during which time said landscaping improvements shall be completed. This subsection shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
§ 55-12 R-15 RESIDENTIAL ZONE.
The following regulations apply in the R-15 Zone.
§ 55-13 R-10 RESIDENTIAL ZONE.
The following regulations apply in the R-10 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures.
(2)
Municipal offices and fire and rescue stations.
(3)
Public schools and colleges.
(4)
Parks and preserves.
(5)
Libraries and museums.
(6)
Places of worship, including parish and educational buildings.
(7)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
§ 55-14 R-7.5 RESIDENTIAL ZONE.
The following regulations apply in the R-7.5 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures.
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public utility, or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
§ 55-15 RC-7.5 RESIDENTIAL CLUSTER ZONE.
The following regulations apply in the RC-7.5 Zone.
§ 55-16 R-6 RESIDENTIAL ZONE.
The following regulations apply in the R-6 Zone.
§ 55-17 R-MF MULTIFAMILY RESIDENTIAL ZONE.
The following regulations apply in the R-MF Zone.
A.
Permitted Uses.
(1)
Two (2) family dwellings for residential purposes, together with accessory structures in accordance with the provisions as outlined in this chapter.
(2)
Attached single-family dwellings (townhouses) for residential purposes, together with accessory structures in accordance with the provisions of this chapter; and apartment dwelling units, for residential purposes, subject to the provisions of this chapter.
(3)
Adult community housing for residential purposes, subject to the provisions of this chapter.
(4)
Parks and preserves.
(5)
The erection, construction, alteration or maintenance by the public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(6)
Detached single-family dwelling for residential purposes, together with its accessory uses.
(7)
Municipal offices and fire rescue stations.
C.
Conditional Uses. The following uses shall be permitted in the R-MF Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter.
(1)
Same as specified for the R-40 Zone, with the exception of indoor antique auctions which are specifically excluded.
D.
Garden Apartment/Townhouse General Standards.
(1)
Maximum building height. No building shall exceed thirty-five (35) feet in height or two and five-tenths (2.5) stories.
(2)
Area and yard requirements.
(a)
The maximum tract size shall be five (5) acres, including the areas of existing street and water areas within the tract boundary lines, provided that they total no more than two percent (2%) of the tract area. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
(c)
Minimum building yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two (2) abutting yard areas. The minimum yards shall be forty (40) feet for front yards, twenty-five (25) feet for side yards and fifty (50) feet for rear yards. No building as measured radially from any corner shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two (2) side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
(d)
No structure shall be more than four (4) dwelling units in any unbroken building line. A setback of not less than four (4) feet shall be deemed a satisfactory break in the building line.
(e)
All residential buildings shall be designated and constructed with a soundproofing barrier between adjoining units with a sound transmission Class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of a typical unit shall be required. Any room other than kitchen, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.
(f)
Land area equal to at least two hundred fifty (250) square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and each shall be at least ten thousand (10,000) square feet in size, at least seventy-five (75) feet wide and have a grade less than five percent (5%).
(g)
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any side shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstreet areas.
(4)
Density.
(a)
Garden apartments shall not exceed a density of four (4) units per acre.
(b)
Townhouses shall not exceed a density of four (4) units per acre.
(c)
Any development incorporating both garden apartments and townhouses must allow that no more than sixty-five percent (65%) of all dwelling units are either garden apartments or townhouses.
(5)
Plan review shall be required by the appropriate municipal agency for all garden apartments and townhouses. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
E.
Apartments.
(1)
Within the R-MF Zone allowing apartments, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, and which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and chancing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. The number of dwelling units in one (1) building shall not exceed twelve (12).
(3)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building and located within one hundred fifty (150) feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed twenty percent (20%) of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed thirty percent (30%) of the tract.
(5)
Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths. Building coverage shall not exceed twenty percent (20%) of the tract area.
 |
a = 200 feet on one plane |
b = 340 feet on any angle |
c = 500 feet along the center line |
Buildings measured along the center line shall provide one (1) opening at ground level at least every two hundred fifty (250) feet. This opening shall be a minimum of fifteen (15) feet in clear width and height and shall be at an elevation enabling emergency-vehicle access through the opening. |
(6)
No portion of any dwelling unit shall be a basement.
(7)
Each dwelling unit shall have two (2) separate means of egress to the ground, except that any windowsill which is twelve (12) feet or less above the ground level below it shall be considered a separate means of egress.
(8)
In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit two hundred (200) cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure, where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.
(9)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
(10)
Each apartment building shall contain a single master television antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior television or radio equipment permitted.
(11)
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary for the health, safety and welfare of the public and in the public interest, including recreational facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Barnegat Township, after approval by the Township Attorney as to form and surety, for a period of no more than one (1) year, during which time said landscaping improvements shall be completed. This subsection shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
F.
Townhouses.
(1)
Within the R-MF Zone allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit deign, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.
(3)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building and located within one hundred fifty (150) feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed twenty percent (20%) of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed thirty-five percent (35%) of the tract.
(5)
No townhouse dwelling unit shall be less than twenty (20) feet wide. Building coverage shall not exceed twenty percent (20%) of the tract area. The number of dwelling units in one (1) building shall not exceed six (6).
(6)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
(7)
Each building shall contain a single master television antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior television or radio equipment permitted.
(8)
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest, including recreational facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Barnegat Township, after approval by the Township Attorney as to form and surety, for a period of no more than one (1) year, during which time said landscaping improvements shall be completed, or the bond will be forfeited. This subsection shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
G.
Two (2) Family Dwellings.
(1)
Maximum building height. No building shall exceed thirty-five (35) feet in height or two and five-tenths (2.5) stories.
(2)
Minimum area and yard requirements.
(a)
Lot area: twelve thousand (12,000) square feet.
(b)
Lot width: one hundred twenty (120) feet.
(c)
Lot depth: ninety (90) feet.
(d)
Front yard: thirty (30) feet.
(e)
One (1) side yard: ten (10) feet.
(f)
Both side yards: twenty-five (25) feet.
(g)
Rear yard: thirty (30) feet.
(h)
Maximum percent of lot covered by building: twenty-five percent (25%).
(4)
Plan review shall be required by the appropriate municipal agency for all two (2) family dwelling developments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
(5)
Each family unit shall have a one-car garage with one (1) additional off-street parking space.
H.
Single-Family Dwellings.
(1)
Maximum building height: same as two (2) family dwellings.
(2)
Area and yard requirements:
(a)
Lot area: seven thousand five hundred (7,500) square feet.
(b)
Lot width: seventy-five (75) feet.
(c)
Lot depth: one hundred (100) feet.
(d)
Front yard: thirty (30) feet.
(e)
One (1) side yard: eight (8) feet.
(f)
Both side yards: twenty (20) feet.
(g)
Rear yard: twenty-five (25) feet.
(h)
Maximum percent of lot covered by building: thirty percent (30%).
(i)
Accessory buildings: same as two (2) family dwellings.
I.
Adult Community Housing.
(1)
Adult community housing shall be permitted in accordance with the planned adult community provisions of this chapter.
(2)
Public and nonprofit or limited-dividend housing for elderly person, specifically designed to provide well-constructed and adequate housing for elderly persons having low or moderate income, shall conform to all the requirements and guidelines established by the United States Department of Housing and Urban Development or the New Jersey Housing and Finance Agency, whichever are the more stringent, with respect to cost limitation, construction, rental costs, selling prices and other standards for low and moderate-income senior-citizen housing, and the applicant for construction of such housing shall participate in Federal and/or State subsidy programs for such housing in order that shelter costs shall be initiated and maintained at the lowest feasible amounts. Such housing shall be occupied by individuals fifty-five (55) years of age or older and shall be permitted in this zone.
(3)
Plan review shall be required by the appropriate municipal agency for all adult community development. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions set forth in this chapter.
§ 55-18 C-M MARINE COMMERCIAL ZONE.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2]
The following regulations apply in the C-M Zone.
A.
Permitted Uses.
(1)
Retail trade and service establishments, including the sale of groceries, baked goods, fishing supplies, gifts, apparel, antiques, housewares, and appliances, the sale of fish, shellfish and other seafood, retail or wholesale, and such other similar uses.
(2)
Business and professional offices.
(3)
Restaurants.
(4)
Marinas and accessory uses incidental thereto.
(5)
Municipal offices and fire and rescue stations.
(6)
Parks and preserves.
(7)
Nonprofit civic, social and fraternal organizations.
(8)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(9)
Detached single-family residential dwellings for residential purposes, together with their accessory shall in accordance with the yard, area and bulk requirements of the R-7.5 Residential Zone.
(10)
Tourist homes and bed and breakfast inns.
(11)
Auctions—excluding flea markets.
B.
Accessory and Temporary Uses.
(1)
Sales establishments for boats, boat trailers and other equipment accessory to marinas.
(2)
One (1) accessory apartment in a permitted establishment, such apartments to be no less than seven hundred (700) square feet in area.
(3)
Temporary on-site construction trailers for which permits may be issued for period of to one (1) year, subject to renewal.
(4)
Signs as provided for in this chapter.
(5)
Off-street parking as provided for in this chapter.
(6)
Storage sheds provided that they do not exceed a total area of one hundred eighty (180) square feet.
(7)
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than four (4) feet in height.
C.
Conditional Uses. The following uses shall be permitted in the C-M Zone, subject to the issuance of a conditional use permit in accordance with the provisions of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
Commercial recreation establishments including bowling alleys and theaters.
(5)
State licensed boarding homes.
(6)
Motel/hotel.
§ 55-19 C-N NEIGHBORHOOD COMMERCIAL ZONE EAST OF PARKWAY.
[Amended 8-4-97 by Ord. No. 1997-29 § 3; 8-17-98 by Ord. No. 1998-13 §§ 4, 7; 10-5-98 by Ord. No. 1998-22 § 4]
The following regulations apply in the C-N Zone.
A.
Permitted Uses.
(1)
Retail trade and service establishments, including the sale of groceries, baked goods, fishing supplies, gifts, apparel, antiques, housewares, and appliances, barber and beauty shops, laundries and such other similar uses.
(2)
Business and professional offices.
(3)
Automotive filling stations.
(4)
Day nurseries.
(5)
Parks and preserves.
(6)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(7)
Restaurants.
(8)
Bed and breakfast inns and tourist homes: Owner-occupied dwellings providing overnight guest accommodations and prepared meals to transients for compensation. A bed and breakfast inn shall contain no more than ten (10) guest rooms; provide a minimum of two (2) off-street, on-site parking spaces plus one (1) space per guest room; restrict the duration of the stay of patrons to a maximum of fourteen (14) consecutive nights; and restrict the service of meals to overnight guests. Individual kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
[Amended 2-16-99 by Ord. No. 1999-4]
(9)
Ambulance dispatch service (no on-site maintenance).
(10)
Auctions—not to include permanent flea markets.
(11)
Funeral homes.
(12)
Home building supply center.
(13)
Car wash.
(14)
Municipal offices and fire and rescue stations.
(15)
Detached single-family dwellings for residential purposes, together with their accessory structures. The single-family dwellings shall conform to the following minimum building requirements:
[Amended 11-3-03 by Ord. No. 2003-41]
Front yard setback: 40 ft. |
Side yard setback (one side): 10 ft. |
Side yard setback (both sides): 25 ft. |
Rear yard setback: 35 ft. |
Maximum percentage of lot coverage by building: 20% |
Maximum building height: 2.5 stories/35 ft. |
Accessory building side yard setback: 5 ft. |
Accessory building rear yard setback: 10 ft. |
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted establishment, such apartments to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
C.
Conditional Uses. The following uses shall be permitted in the C-N Zone, subject to the issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
Nursing homes.
(5)
Commercial recreation establishments including bowling alleys and theaters.
(6)
Hotel/motel shall only be located on property directly accessed by a County Road and within 1,000 feet from the Garden State Parkway. The maximum permitted building height for a hotel/motel in the C-N District shall be 60 feet.
[Amended 2-2-2021 by Ord. No. 2021-4[1]]
[1]
Editor's Note: This ordinance also changed the title of this section from "C-N Neighborhood Commercial Zone" to "C-N Neighborhood Commercial Zone East of Parkway."
(7)
State licensed boarding homes.
(9)
Assisted living facilities, nursing and convalescent homes and long-term care facilities may be permitted in those zoning districts specified, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the particular zone and the following standards:
[Amended 2-2-2021 by Ord. No. 2021-4]
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access to and from a county road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-129, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(e)
Support services, functions and facilities within a facility or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
[11]
Medical day care/social day care (adult day services).
[12]
Personal care centers (haircutting, shampooing, personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors of the assisted care facility shall be provided based on a total of the following:
[1]
One (1) space per two (2) State licensed assisted living dwelling unit. Provided however, that the applicant shall be allowed to provide, at the time of initial construction, one (1) parking space for every three (3) dwelling units, but reserve an adequate area for future construction of the additional required parking space should the actual operating experience demonstrate that the amount of parking initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor parking.
[4]
Where fractional spaces result in the calculation of the requirements, the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all applicable standards of Federal, State and county regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare.
§ 55-20 C-PHD PLANNED HIGHWAY DEVELOPMENT COMMERCIAL.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2; 8-17-98 by Ord. No. 1998-13 §§ 5—6; 10-5-98 by Ord. No. 199-22 § 5]
The following regulations apply in the C-PHD Zone.
A.
Permitted Uses.
(1)
Hotels and motels.
(2)
Retail trade and service establishments, including the sale of groceries, baked goods, fishing supplies, gifts, apparel, antiques, housewares, and appliances, barber and beauty shops, laundries and such other similar uses.
(3)
Business and professional offices.
(4)
Funeral homes.
(5)
Restaurants and take out restaurants.
(6)
Fast food restaurants, subject to the design standards listed in this Code pursuant to § 55-190.
(7)
Automotive filling stations.
(8)
Sales establishments for automobiles, trucks, vehicle campers, boats, boat trailers and other equipment, provided that repair and body work is clearly incidental to the principal use and is carried out entirely within the building; and auto laundries.
(9)
Sales establishment for lumber and other building materials and related equipment and apparatus.
(10)
Animal hospitals.
(11)
Product assembly.
(12)
Product packaging.
(13)
Vehicle body shops, body repairs and painting.
(14)
Municipal offices and fire and rescue stations.
(15)
Public schools and colleges.
(16)
Day nurseries.
(17)
Parks and preserves.
(18)
Libraries and museums.
(19)
Hospitals, clinics, convalescent homes and nursing homes.
(20)
Places of worship, including parish and educational buildings.
(21)
Nonprofit civic, social and fraternal organizations.
(22)
Recreational clubs, including swimming and tennis clubs.
(23)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(24)
Roadside stands for the retail sale of garden produce, similar goods and related supplies and products.
(25)
Detached single-family dwelling for residential purposes together with its accessory uses. The area and bulk regulations for single-family residential dwellings in the R-10 Residential Zone shall apply.
(26)
Warehousing.
(27)
Distribution centers—including wholesale outlets.
(28)
Garden center.
(29)
Transportation equipment storage/parking facility.
(30)
Nursing homes.
(31)
Bed and breakfast inns and tourist homes: Owner-occupied dwellings providing overnight guest accommodations and prepared meals to transients for compensation. A bed and breakfast inn shall contain no more than ten (10) guest rooms; provide a minimum of two (2) off-street, on-site parking spaces plus one (1) space per guest room; restrict the duration of the stay of patrons to a maximum of fourteen (14) consecutive nights; and restrict the service of meals to overnight guests. Individual kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
[Amended 2-16-99 by Ord. No. 1999-4]
(32)
Ambulance dispatch service.
(33)
Commercial recreations establishments, including bowling alleys and theaters.
(34)
Auctions—excluding permanent flea markets.
(35)
Light manufacturing.
(36)
Car wash.
(37)
Light machinery service and assembly.
(a)
The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no significant hazard from fire or explosion or produce no toxic or corrosive fumes, gas smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent (discharges).
(b)
Size is limited by existing zoning (building foot print) to fifty percent (50%) of available land and to two-story structures.
(38)
Automotive repair garages.
(39)
Convenience stores.
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted establishment, such apartments to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
(5)
Storage sheds, provided that they do not exceed a total area of one hundred eighty (180) square feet.
C.
Conditional Uses. The following uses shall be permitted in the C-PHD Zone, subject to the issuance of a conditional use permit in accordance with the provision of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
[Deleted 8-17-98 by Ord. No. 1998-13 § 6]
(5)
Commercial indoor recreation establishments, including bowling alleys and theaters.
(6)
Contractor yards.
(7)
Storage yards.
(8)
State licensed boarding homes.
(9)
Assisted living facilities, nursing and convalescent homes and long-term care facilities may be permitted in those zoning districts specified, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the particular zone and the following standards:
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access to and from a county road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building requirements shall be the same as those established for the particular zoning district within which the facility is located.
[d]
Maximum building coverage (combined coverage of all principal accessory buildings) shall be twenty percent (20%).
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-129, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(10)
A fuel and convenience store subject to the following standards:
[Amended 12-5-2023 by Ord. No. 2023-35]
(a)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[2]
Site design requirements.
[a]
Building setbacks shall not apply to underground storage tanks.
[b]
Detention basins and storm water management features as well as retaining walls shall be permitted in front yard areas.
[c]
At least one point of access shall be provided directly from a State Highway.
[d]
At minimum two points of ingress/egress shall be provided.
[e]
No part of any automobile filling station may be used for residential or sleeping purposes.
[f]
No junked motor vehicle or boat or part thereof or any unlicensed or unregistered motor vehicle shall be permitted on the premises of any fuel and convenience store.
[g]
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale purposes shall not be permitted as part of a fuel and convenience store.
[h]
No parking of vehicles shall be permitted on an unpaved area.
[i]
Lawn area shall be provided at five (5) feet from the right of way or property line except ingress/egress drives.
[j]
Oversized vehicle parking shall be permitted.
[3]
Signage requirements.
[a]
A maximum of one (1) free-standing site identification sign per street frontage shall be permitted, subject to the following standards:
[I]
The maximum height from ground level to the uppermost portion of the sign, including any posts, brackets and other supporting elements shall not exceed eighteen (18) feet.
[II]
The maximum width of the sign, including any posts, brackets and other supporting elements, shall not exceed ten (10) feet.
[III]
The maximum area of the primary sign panel shall not exceed twenty-four (24) square feet, within which the maximum height of individual letters, numbers or other characters, images or logos shall not exceed four (4) feet, internally-illuminated channel letters or back-lit letters shall be permitted.
[IV]
The maximum area of electronic message board for price display only shall not exceed thirty-six (36) square feet, within which the maximum height of individual letters, numbers or other characters, images or logos shall not exceed three (3) feet.
[V]
The maximum area of secondary sign panels shall not exceed eight (8) square feet for a total not to exceed thirty-two (32) square feet, within which the maximum height of individual letters, numbers or other characters, images or logos shall not exceed one (1) foot.
[VI]
No portion of such sign shall be located within ten (10) feet of any Parcel line or within any clear sight triangle.
[VII]
No portion of such sign shall project or extend over sidewalks, walkways, driveway or parking areas.
[VIII]
The free-standing monument identification sign may identify or advertise any of the uses contained with the fuel and convenience store definition.
[IX]
The base of the free-standing monument identification sign shall be provided with an enhanced landscape buffer. Such buffer shall contain ground-level landscaping and shrubs and may include bio-retention swales or other Green Infrastructure elements, to the extent practical.
[X]
Where signage is to be relocated from an existing business immediately contiguous to the fuel and convenience store said relocated business shall be entitled to an additional eighteen (18) square foot panel on each free standing identification sign.
[b]
A maximum of three (3) directional signs shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed seven (7) square feet.
[II]
The maximum height from ground level to uppermost portion of the sign, including any posts, brackets and other supporting elements shall not exceed three (3) feet.
[III]
The maximum height of the sign shall not exceed four (4) feet.
[IV]
The maximum width of the sign shall not exceed three (3) feet.
[V]
The maximum height of individual letters, numbers of other characters, images or logos shall not exceed twelve (12) inches.
[VI]
No portion of such sign shall be located within ten (10) feet of any Parcel line or within any clear sight triangle.
[VII]
No portion of such sign shall project or extend over sidewalks, walkways, driveways or parking areas.
[VIII]
The base of the directional signs shall be provided with an enhanced landscape buffer. Such buffer shall contain ground-level landscaping.
[c]
A maximum of two (2) wall-mounted building signs shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed seventy (70) square feet for a total not to exceed one hundred five (105) square feet.
[II]
The maximum height of the sign shall not exceed six (6) feet.
[III]
The maximum width of the sign shall not exceed sixteen (16) feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed four (4) feet.
[V]
No portion of such sign shall extend above or beyond the limits of the wall to which it is affixed.
[d]
A maximum of two (2) canopy-mounted signs shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed twelve (12) square feet.
[II]
The maximum height of the sign shall not exceed two (2) feet.
[III]
The maximum width of the sign shall not exceed eight (8) feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed eighteen (18) inches.
[V]
No portion of such sign shall extend above or beyond the limits of the side of the canopy to which it is affixed.
[e]
A maximum of two (2) canopy spanner signs over the fuel dispensers shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed forty (40) square feet.
[II]
The maximum height of the sign shall not exceed two (2) feet.
[III]
The maximum width of the sign shall not exceed twenty (20) feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed eighteen (18) inches.
[V]
Spanner signs shall be non-illuminated.
[f]
A maximum of two (2) air pump sign shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed two (2) square feet.
[II]
The maximum height of the sign shall not exceed two (2) feet.
[III]
The maximum width of the sign shall not exceed three (3) feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed six (6) inches.
§ 55-21 C-V VILLAGE COMMERCIAL ZONE.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2]
A.
Permitted Uses.
(1)
Detached single-family dwellings for residential purposes, together with their accessory structures. The single-family dwellings shall conform to the following minimum building requirements:
[Amended 11-3-03 by Ord. No. 2003-41]
Front yard setback: 30 ft. |
Side yard setback (one side): 10 ft. |
Side yard setback (both sides): 20 ft. |
Rear yard setback: 30 ft. |
Maximum percentage of lot coverage by building: 30% |
Maximum building height: 2.5 stories/35 ft. |
Accessory building side yard setback: 5 ft. |
Accessory building rear yard setback: 5 ft. |
(2)
Bed and breakfast inns and tourist homes: Owner-occupied dwellings providing overnight guest accommodations and prepared meals to transients for compensation. A bed and breakfast inn shall contain no more than ten (10) guest rooms; provide a minimum of two (2) off-street, on-site parking spaces plus one (1) space per guest room; restrict the duration of the stay of patrons to a maximum of fourteen (14) consecutive nights; and restrict the service of meals to overnight guests. Individual kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
[Amended 2-16-99 by Ord. No. 1999-4]
(3)
Retail trade and service establishments, including the sale of groceries, baked goods, fishing supplies, gifts, apparel, antiques, housewares, and appliances, barber and beauty shops, laundries and such other similar uses.
(4)
Business and professional offices.
(5)
Funeral homes.
(6)
Restaurants.
(7)
Animal hospitals.
(8)
Municipal offices and fire and rescue stations.
(9)
Public schools and colleges.
(10)
Day nurseries.
(11)
Parks and preserves.
(12)
Libraries and museums.
(13)
Clinics and convalescent homes.
(14)
Places of worship, including parish and educational buildings.
(15)
Nonprofit civic, social and fraternal organizations.
(16)
Recreational clubs, including swimming and tennis clubs.
(17)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(18)
Roadside stands for the retail sale of garden produce, similar goods and related supplies and products.
(19)
Commercial art studio, including product assembly.
(20)
Auctions—excluding flea markets.
(21)
Nursing homes.
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted establishment, such apartments to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
(5)
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than four (4) feet in height.
(6)
Storage sheds provided that they do not exceed a total area of one hundred eighty (180) square feet.
(7)
A private residential tennis court on a lot not less than one (1) acre.
C.
Architectural Standards. All permitted uses herein specified shall continue to encourage the present colonial/historical architectural theme of the Village Commercial Zone in the design and construction of the exterior elevations of all future development proposals.
D.
Conditional Uses. The following uses shall be permitted in the C-V Zone subject to issuance of a conditional use permit in conformance with the provisions of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
Commercial recreation establishments including bowling alleys and theaters.
§ 55-22 (RESERVED)
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2; deleted 8-4-97 by Ord. No. 1997-29 § 2]
§ 55-23 ML-1 RESIDENTIAL ZONE.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-1 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes and townhouse units at a maximum of six (6) units per building, together with accessory structures in accordance with the affordable housing requirements of this section.
[Amended 6-6-05 by Ord. No. 2005-37]
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(7)
Garden apartments, together with accessory structures in accordance with the provisions of this chapter.
[Added 6-6-05 by Ord. No. 2005-37]
C.
Conditional Uses. The following uses shall be permitted in the ML-1 Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
Same as those permitted in the R-20 Zone.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-1 Zone requiring major subdivision or major site plan approval shall meet these affordable housing requirements.
(2)
The mix of detached single-family dwellings, townhouse units and garden apartments shall not exceed a density of 3.05 units per acre.
[Amended 6-6-05 by Ord. No. 2005-37]
(3)
The units shall be developed in accordance with the Regulations for Inclusionary Developments included in this chapter.
(4)
A minimum of twenty percent (20%) of the units within the development shall be set aside for low and moderate income households.
[Amended 6-6-05 by Ord. No. 2005-37]
(5)
The unit mix of single-family residential detached, townhouses, and garden apartments shall be as follows:
[Added 6-6-05 by Ord. No. 2005-37; amended 10-16-06 by Ord. No. 2006-22]
E.
Area, Yard, and Building Requirements.
[Amended 6-6-05 by Ord. No. 2005-37; 10-16-06 by Ord. No. 2006-22]
(1)
Area, yard and building requirements:
(a)
Single Family Detached Units. The minimum area, yard, and building requirements for single-family detached units are shown on the Schedule of Area, Yard and Building Requirements included in this chapter.
(b)
Townhouse and Garden Apartments—bulk criteria for the ML-1 Zone.
[1]
Townhouse bulk criteria:
Minimum Lot Area: | 2,400 square feet |
Minimum Lot Width: | 24 feet |
Minimum Lot Depth: | 100 feet |
Minimum Front Yard Setback: | 20 feet |
Minimum Rear Yard Setback: | 10 feet |
Minimum Side Yard Setback: | 0 feet |
Maximum Building Coverage: | 60% |
Maximum Building Height: | 35 feet |
Minimum Footage: | 24 feet |
[2]
Garden Apartment bulk criteria:
Minimum Building Setback: | 50 feet |
Minimum Building to Building: | 50 feet |
Minimum Front Yard Setback: | 50 feet |
Minimum Rear Yard Setback: | 50 feet |
Minimum Side Yard Setback: | 25 feet |
Minimum Building Setback from adjoining lands zoned for single-family residential: | 50 feet |
Maximum Units/Building: | 8 units |
Active Recreation: | 250 square feet per dwelling |
Tract Size | 5 acres |
(2)
Area and yard requirements—Garden apartments.
(a)
Any areas of existing streets or water exceeding two percent (2%) of the total tract area shall not be considered in the calculation of the five (5) acres minimum tract size.
(b)
The minimum setback from the tract perimeter shall be fifty (50) feet. The setback shall be increased to seventy-five (75) feet along all property lines abutting lands zoned for single-family detached uses. The Planning Board shall have the discretion to reduce the setback from the minimum tract perimeter as a design waiver where appropriate.
(c)
Landscape buffers shall be provided in accordance with requirements for buffers included in this chapter. Buffers shall be included as part of the perimeter setback in this zone.
(d)
Minimum building yard areas shall be measured horizontally in feet, and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be fifty (50) feet. The minimum yards shall be fifty (50) feet for the front yards, twenty-five (25) feet for side yards and fifty (50) feet for rear yards. No building as measured radially from any corner shall be closer to any distances of the side yard requirements for each building. The required fifty (50) foot distance between buildings shall exclude any driveways or vehicular access, such driveways or vehicular access width being in addition to the building separation requirement.
(e)
No structure shall be more than four (4) dwelling units in any unbroken building line. A setback of not less than four (4) feet shall be deemed a satisfactory break in the building line.
(f)
All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission Class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of a typical unit shall be required. Any room other than kitchen, bathroom, closet, or combined living-dining room shall be counted as a bedroom for purposes hereof.
(g)
Land and area equal to at least two hundred fifty (250) square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and shall be at least ten thousand (10,000) square feet in size, at least seventy-five (75) feet wide and have a grade less than five percent (5%).
(h)
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, planting or conifers and/or deciduous trees native to the area in order to lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
§ 55-24 ML-2 RESIDENTIAL ZONE.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-2 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures in accordance with the affordable housing requirements of this section.
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
C.
Conditional Uses. The following uses shall be permitted in the ML-2 Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
Same as those permitted in the R-20 Zone.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-2 Zone requiring major subdivision or major site plan approval shall meet these affordable housing requirements.
(2)
Detached single-family dwellings shall not exceed a density of three (3) units per acre.
(3)
The units shall be developed in accordance with the Regulations for Inclusionary Developments included in this chapter.
(4)
A minimum of ten percent (10%) of the units within the development shall be set aside for low and moderate income households.
§ 55-25 ML-3 RESIDENTIAL ZONE.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-3 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures in accordance with the affordable housing requirements of this section.
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
C.
Conditional Uses. The following uses shall be permitted in the ML-3 Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
Same as those permitted in the R-20 Zone.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-3 Zone requiring major subdivision or major site plan approval shall meet these affordable housing requirements.
(2)
Detached single-family dwellings shall not exceed a density of four (4) units per acre.
(3)
The units shall be developed in accordance with the Regulations for Inclusionary Developments included in this chapter.
(4)
A minimum of fifteen percent (15%) of the units within the development shall be set aside for low and moderate income households.
§ 55-26 ML-4 MULTIFAMILY RESIDENTIAL ZONE.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-4 Zone.
A.
Permitted Uses.
(1)
Garden apartments, together with accessory structures in accordance with the provision of this chapter.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by the public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(4)
Municipal offices and fire rescue stations.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-4 Zone requiring major subdivision or major site plan approval shall meet these affordable housing requirements.
(2)
Garden apartments shall not exceed a density of eight (8) units per acre.
(3)
The units shall be developed in accordance with the Regulations for Inclusionary Developments included in this chapter.
(4)
A minimum of fifteen percent (15%) of the units within the development shall be set aside for low and moderate income households.
E.
Garden Apartment General Standards.
(1)
Maximum building height. No building shall exceed thirty-five (35) feet in height or two and five-tenths (2.5) stories.
(2)
Area and yard requirements.
(a)
The minimum tract size shall be five (5) acres, including the areas of existing street and water areas within the tract boundary lines, provided that they total no more than two percent (2%) the tract area. All plans shall delineate the boundaries of portion(s) of the tract devoted to each use.
(b)
The minimum building setback from the tract perimeter shall be fifty (50) feet. The setback shall be increased to seventy-five (75) feet along all property lines abutting lands zoned for single-family detached uses.
(c)
Landscape buffers shall be provided in accordance with requirements for Buffers included in this chapter. Buffers shall be included as part of the perimeter setback in this zone.
(d)
Minimum building yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two (2) abutting yard areas. The minimum yards shall be forty (40) feet for front yards, twenty-five (25) feet for side yards and fifty (50) feet for rear yards. No building as measured radially from any corner shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two (2) side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
(e)
No structure shall be more than four (4) dwelling units in any unbroken building line. A setback of not less than four (4) feet shall be deemed a satisfactory break in the building line.
(f)
All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission Class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of a typical unit shall be required. Any room other than kitchen, bathroom, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.
(g)
Land area equal to at least two hundred fifty (250) square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and each shall be at least ten thousand (10,000) square feet in size, at least seventy-five (75) feet wide and have a grade less than five percent (5%).
(h)
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(4)
Plan review shall be required by the appropriate municipal agency for all garden apartments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
F.
Apartments.
(1)
Within the ML-4 Zone, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, and which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. The number of dwelling units in one (1) building shall not exceed sixteen (16).
(3)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building and located within one hundred fifty (150) feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed twenty percent (20%) of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed thirty percent (30%) of the tract.
(5)
Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths. Building coverage shall not exceed twenty percent (20%) of the tract area.
 |
a = 200 feet on one plane |
b = 340 feet on any angle |
c = 500 feet along the center line |
Buildings measured along the center line shall provide one (1) opening at ground level at least every two hundred fifty (250) feet. This opening shall be a minimum of fifteen (15) feet in clear width and height and shall be at an elevation enabling emergency-vehicle access through the opening. |
(6)
No portion of any dwelling unit shall be a basement.
(7)
Each dwelling unit shall have two (2) separate means of egress to the ground, except that any windowsill which is twelve (12) feet or less above the ground level below it shall be considered a separate means of egress.
(8)
In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit two hundred (200) cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure, where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.
(9)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
(10)
Each apartment building shall contain a single master television antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior television or radio equipment permitted.
(11)
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary for the health, safety and welfare of the public and in the public interest, including recreational facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Barnegat Township, after approval by the Township Attorney as to form and surety, for a period of no more than one (1) year, during which time said landscaping improvements shall be completed. This subsection shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
§ 55-27 ML-5 MULTIFAMILY RESIDENTIAL ZONE.
[Added 6-7-04 by Ord. No. 2004-27 § 2; amended 8-2-04 by Ord. No. 2004-40 § 2]
Zone Boundaries. The following properties will be included in the ML-5 Multifamily-Residential Zone: Block 146.01, Lots 6.03, 6.04, 6.05, and 6.06 as depicted on the Tax Map of Township of Barnegat.
The following regulations apply in the ML-5 Zone.
A.
Permitted Uses.
(1)
Garden apartments and apartments, together with accessory structures in accordance with the provisions of this chapter.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by the public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility agency to be used on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(4)
Municipal offices and fire rescue stations.
C.
Conditional Uses.
(1)
All permitted and conditional uses in the C-PHD ("Planned Highway Development Commercial") Zone provided they conform to the Schedule of Area, Yard and Building Requirements applicable to the C-PHD Zone and subject to issuance of a conditional use permit in conformance with the provisions of this chapter.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-5 Zone requiring major subdivision or major site plan approval shall meet these affordable housing requirements.
(2)
Garden apartments and apartments shall not exceed a density of twelve (12) units per acre.
(4)
One hundred percent (100%) of the units within the development shall be set aside for low and moderate income households.
E.
Garden Apartment General Standards.
(1)
Maximum building height. No building shall exceed forty (40) feet in height or three (3) stories.
(2)
Area and yard requirements.
(a)
The minimum tract size shall be four (4) acres, including the areas of existing street and water areas within the tract boundary lines.
(b)
The minimum building setback from the tract perimeter shall be twenty (20) feet along all property lines not abutting lands zoned for single-family detached uses. The setback shall be increased to seventy-five (75) feet along all property lines abutting lands zoned for single family detached uses.
(c)
Minimum building yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distances between buildings shall be the sum of the two (2) abutting yard areas. The minimum yards shall be thirty (30) feet for front yards, twenty (20) feet for side yards and twenty (20) feet for rear yards. No building as measured radially from any corner shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two (2) side yards shall exclude any driveway or vehicular access such driveway or vehicular access width being in addition to the combined side yard width.
(d)
All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission Class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of a typical unit shall be required. Any room other than kitchen, bathroom, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.
(e)
All portions of the tract not utilized by buildings, or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(4)
Plan review shall be required by the appropriate municipal agency for all garden apartments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district, regulations and compliance shall conform to the provisions as set forth in this chapter.
F.
Apartments.
(1)
Within the ML-5 Zone, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, and which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. The number of dwelling units in one (1) building shall not exceed twenty (20).
(3)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building and located within one hundred fifty (150) feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total aggregate area devoted to both parking and interior street shall not exceed thirty percent (30%) of the tract.
(5)
Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall of component building lengths. Building coverage shall not exceed twenty percent (20%) of the tract area.
a = 200 feet on one (1) plane
b = 340 feet on any single
c = 500 feet along the center line
Buildings measured along the center line shall provide one (1) opening at ground level at least every two hundred fifty (250) feet. This opening shall be a minimum of fifteen (15) feet in clear width and height and shall be at an elevation enabling emergency-vehicle access through the opening.
(6)
No portion of any dwelling unit shall be a basement.
(7)
In addition to any storage area continued inside individual dwelling units, there shall be provided for each dwelling unit two hundred (200) cubic feet of storage area in a convenient, centrally located area where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.
(8)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available for the laundering and artificial drying of laundry of occupants of each dwelling unit.
(9)
Each apartment building shall contain either individual cable TV connections or a single master television antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior television or radio equipment permitted.
(10)
All streets, both internal and external (including grading and pacing), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary for the health, safety and welfare of the public and in the public interest, including recreational facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Barnegat Township, after approval by the Township Attorney as to form and surety for a period of no more than one (1) year, during which time said landscaping improvements shall be completed. This subsection shall not be construed as relieving the developer of the performance bond requirements in accordance with this chapter.
§ 55-28 RIPARIAN ZONE.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
§ 55-28.1 Intent and Purpose.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
The Governing Body of Barnegat Township finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of Barnegat Township, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. As riparian areas within the portion of the Township located within the Pinelands Area already maintain adequate protections under the Pinelands Comprehensive Management Plan (N.J.S.A. 13:18A-1), the purpose of this ordinance is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies within the portion of Barnegat Township located outside of the Pinelands Area. Additionally, with respect to the portion of the Township located outside of the Pinelands Area, the purpose of this ordinance is to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources; to protect the riparian and aquatic ecosystems; to provide for the environmentally sound use of the land resources, and to complement existing State, regional, county and municipal stream corridor protection and management regulations and initiatives.
The specific purposes and intent of this ordinance are to:
A.
Restore and maintain the chemical, physical, and biological integrity of water resources;
B.
Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters;
C.
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
D.
Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
E.
Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;
F.
Maintain base flows in streams and moisture in wetlands;
G.
Control downstream flooding; and
H.
Conserve the natural features important to land and water resources, e.g., headwater areas, ground water recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
§ 55-28.2 Statutory Authority.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
The municipality of Barnegat Township is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas. Barnegat Township is also empowered to adopt and implement this section under provisions provided by the following legislative authorities of the State of New Jersey:
A.
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
B.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
C.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
D.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
E.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
§ 55-28.3 Definitions.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.
The Planning Board or Zoning Board of Adjustment, Zoning Officer, or Construction Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
A person, corporation, government body or other legal entity applying to the Planning Board, Zoning Board of Adjustment, Zoning Officer or the Construction Office proposing to engage in an activity that is regulated by the provisions of this ordinance, and that would be located in whole or in part within a regulated Riparian Zone.
The meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
Those waters not designated as Outstanding Natural Resource waters or Category One waters in the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards.
Shall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula.
A plan approved by the Planning or Zoning Board Engineer or Barnegat Township Engineer. The plan shall be prepared by a landscape architect, professional engineer or other qualified professional, and shall evaluate the effects of any proposed activity/uses on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.
A three hundred (300) foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
§ 55-28.4 Establishment of Riparian Zones.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
Riparian zones adjacent to surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
(1)
The riparian zone shall be three hundred (300) feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. This includes Special Water Resource Protection Areas or SWRPAs as identified herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h). The Riparian Zone Map depicts the only existing HUC 14 in Barnegat Township, which is located within the eastern portion of the Township.
(2)
The riparian zone shall be one hundred fifty (150) feet wide along both sides of the following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters (including tributaries);
(b)
Any trout maintenance water and all upstream waters (including tributaries) within one (1) linear mile as measured along the length of the surface water body;
(c)
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one (1) linear mile as measured along the length of the surface water body; and
(d)
Any segment of a surface water body flowing through an area that contains acid producing soils.
(3)
For all other surface water bodies, a riparian zone of fifty (50) feet wide shall be maintained along both sides of the water.
B.
The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
(1)
Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's center line;
(2)
Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
(3)
Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and
(4)
Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's center line.
Where slopes (in excess of twenty percent (20%) are located within the designated widths, the riparian zone shall be extended to include the entire distance of this sloped area to a maximum of three hundred (300) feet.
C.
A riparian zone is an overlay to the existing zoning districts located outside of the Pinelands Area. The provisions of the underlying district shall remain in full force except where the provisions of the riparian zone differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring an application to the Planning or Zoning Board of Adjustment for:
D.
A map of the riparian zones within the portion of Barnegat Township outside of the Pinelands Area, including all land and water areas within this portion of the Township, which designates surface water bodies, is included as part of this ordinance, and is appended as Riparian Zone Map. The Map of the municipality on which these designations have been overlain shall be on file and maintained by the offices of the Clerk of Barnegat Township. This map conforms to all applicable laws, rules and regulations applicable to the creation, modification and promulgation of zoning maps.
The Riparian Zone Map depicts the only existing HUC 14 in Barnegat Township, which is located within the eastern portion of the Township. A riparian zone three hundred (300) feet in width is required along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. Therefore, a 300-foot wide riparian zone exists along all of the mapped streams depicted on the Riparian Zone Map, except for portions of water bodies that are considered to be part of a man-made lagoon.
The 50-foot riparian zone designations indicated on the Riparian Zone Map have been identified without a field determination as to the presence or absence of documented habitat for threatened or endangered species along these water bodies. Should documented habitat for threatened or endangered species of plant or animal, which is critically dependent upon the regulated water for survival, be identified along these watercourses or within one (1) mile upstream of the site, then a 150-foot riparian zone area may be required. Therefore, the applicant must demonstrate that the water body on the subject site, and within one (1) mile upstream of the subject site, does not contain documented habitat for threatened or endangered species of plant or animal that are critically dependent upon the regulated water for survival in order to retain the 50-foot riparian zone designation. Additionally, for activities that require approval from the New Jersey Department of Environmental Protection (NJDEP), the final riparian zone designation that is applicable to a site shall be determined by the NJDEP.
The 50-foot riparian zone designations depicted on the Riparian Zone Map have been identified without a field determination as to the presence or absence of acid producing soils along the waterways. Should acid producing soils be identified along these watercourses then a 150-foot riparian buffer may be required. Therefore, the applicant must demonstrate that no acid producing soils exist along the water body in order to retain the 50-foot riparian zone designation. Additionally, for activities that require approval from the NJDEP with regard to the presence or absence of acid producing soils, the final riparian zone designation that is applicable to a site shall be determined by the NJDEP.
E.
It shall be the duty of the Engineer of Barnegat Township, every second year after the adoption of this ordinance, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under subsection 55-28.11, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
F.
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to Barnegat Township in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, Governing Body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
G.
Exemptions. Instead of the riparian zone protection requirements above, the applicant must demonstrate compliance with one of the following:
(1)
The proposed project or activity is not in the riparian zone established at subsection 55-28.4A above;
(2)
The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route. If the riparian zone is associated with Category One waters, the linear development must also meet the requirements for Special Water Resource Protection Areas under the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h);
(3)
The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;
(4)
The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, or the Coastal Zone Management Rules, N.J.A.C. 7:7E;
(5)
The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
(6)
The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces;
(7)
The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or
(8)
Demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a twenty (20%) percent or greater slope, except as allowed under paragraphs G(6) and G(7) above.
§ 55-28.5 Uses Permitted in Riparian Zones.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
For riparian zones in Category One waters (C1 waters), permitted uses are governed by the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, unless otherwise exempt.
B.
Any other riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this ordinance may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this subsection. The following uses shall be permitted within a riparian zone:
(1)
Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. These uses do not require approval by the Zoning Enforcement Officer or compliance with an approved Riparian Zone Management Plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trail has been stabilized with pervious materials.
(2)
Fences, for which a permit has been issued by the Zoning Officer, to the extent required by applicable law, rule or regulation.
(3)
Crossing by maintenance vehicles, farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Township Engineer, provided that any applicable State permits are required, and provided that any disturbance is offset by buffer improvements in compliance with an approved Riparian Zone Management Plan and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
(4)
Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved Riparian Zone Management Plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Township Engineer and subject to compliance with an approved Riparian Zone Management Plan.
§ 55-28.6 Performance Standards for Riparian Zones.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
All encroachments proposed into riparian zones in C1 waters shall comply with the requirements of the Stormwater Management Rule at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
B.
For all other riparian zones, the following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
(2)
Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by Barnegat Township, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date of issuance, and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and where applicable, for any additional properties subject to the conservation restrictions. Such survey plans shall be submitted on the surveyor's letterhead, signed and sealed by the surveyor, and shall include metes and bounds descriptions of the property, the site, and the areas subject to the conservation restriction in New Jersey State Plane Coordinates, North American Datum 1983, and shall depict the boundaries of the site and all areas subject to the conservation restriction as marked with flags or stakes on site. All such survey plans shall be submitted on paper and in digital CAD or GIS file on a media and format defined by the municipality. The flags or stakes shall be numbered and identified on the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county.
(3)
Any lands proposed for development which include all or a portion of a riparian zone shall, as a condition of any major subdivision or major site plan approval, revegetate the total area of vegetation cleared, cut and/or removed within the riparian zone. The vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in subsection 55-28.10.
(4)
For building lots which exist as of the date of adoption of this ordinance, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone. Said deed restriction and/or conservation easement language must be approved by the Barnegat Township Attorney and Barnegat Township Engineer. If no Planning or Zoning Board review escrow account is in effect, then the approval request shall be submitted to the Zoning Officer and said request shall be included in an escrow deposit of five hundred ($500.00) dollars for legal and engineering review of the proposed deed restriction/conservation easement. Upon approval, the deed restriction/conservation easement shall be recorded.
(5)
All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3).
(6)
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in subsection 55-28.6(5), then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
§ 55-28.7 Nonconforming Structures and Uses in Riparian Zones.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
A.
Legally existing but nonconforming structures or uses may be continued.
B.
Any proposed enlargement or expansion of the building footprint within the riparian zone of a C1 water shall comply with the standards in the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
C.
For all other riparian zones:
(1)
Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(2)
Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.
(3)
Discontinued nonconforming uses may be resumed any time within one (1) year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under subsection 55-28.1, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses may be restricted to the extent of disturbance existing at the time of adoption of this ordinance.
§ 55-28.8 Uses Prohibited in Riparian Zones.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
Any use within a riparian zone of a C1 water shall comply with the standards in the Stormwater Management Rules at N.J.A.C. 7:8- 5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
B.
For other riparian zones, any use or activity not specifically authorized in subsections 55-28.5, 55-28.7, or pursuant to an Individual Permit for a regulated activity in a riparian zone obtained in accordance with the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13 et seq.), shall be prohibited within the riparian zone. Table C within N.J.A.C. 7:13-10.2 sets forth the maximum allowable disturbance to riparian zone vegetation that may be permitted under an individual permit. Additionally, the following activities and facilities are prohibited:
(1)
Storage of any hazardous or noxious materials.
(2)
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
(4)
Parking lots.
(5)
Any type of permanent structure, except structures needed for a use permitted by subsection 55-28.5.
(6)
New subsurface sewage disposal systems areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.
(7)
Residential grounds or lawns, except as otherwise permitted pursuant to this ordinance.
§ 55-28.9 Activities Permitted in Riparian Zones in the Case of No Reasonable or Prudent Alternative or Extreme Hardship.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
For riparian zones in C1 waters, requests for exemptions must be authorized by the New Jersey Department of Environmental Protection, as per the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
B.
For other riparian zones, hardship variances may be granted by the Zoning Board of Adjustment in cases of a preexisting lot (existing at the time of adoption of this ordinance) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided the following demonstrations are made:
(1)
An applicant shall be deemed to have established the existence of an extreme economic hardship, if the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this ordinance and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
(a)
Do not apply to or affect other property in the immediate vicinity.
(b)
Relate to or arise out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions of the property involved, rather than the personal situations of the applicant; and are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
(c)
The necessity of acquiring additional land to locate development outside the riparian zone shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity.
(2)
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that one (1) of the following applies:
(3)
A variance can only be granted if it is shown that the activity is in conformance with all applicable local, State and Federal regulations, including, but not limited to, the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, and that the exception granted is the minimum relief necessary to relieve the hardship.
C.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in subsection 55-28.10 below.
§ 55-28.10 Riparian Zone Management Plan.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
Within any riparian zone, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a Riparian Zone Management Plan.
B.
The landowner, applicant, or developer shall submit to the appropriate municipal board, or its appointed representative, a Riparian Zone Management Plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the riparian zone. The Riparian Zone Management Plan shall identify the existing conditions including:
(1)
Existing vegetation;
(2)
Field delineated surface water bodies;
(3)
Field delineated wetlands;
(4)
The 100-year floodplain;
(5)
Flood hazard areas, including floodway and flood fringe areas, as delineated by the New Jersey Department of Environmental Protection;
(6)
Soil classifications as found on soil surveys;
(7)
Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations;
(8)
Slopes in each subdrainage area segmented into sections of slopes less than fifteen percent (15%); above fifteen percent (15%) but less than twenty percent (20%); and steep slopes greater than twenty percent (20%).
The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed, as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the Riparian Zone Management Plan submittal to Barnegat Township.
C.
The Plan shall be reviewed and must be approved by the Planning or Zoning Board Engineer, in consultation with the Environmental Commission, as part of the subdivision and land development process.
D.
The Riparian Zone Management Plan must include management provisions in narrative and/or graphic form specifying:
(1)
The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.
(2)
The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.
(3)
The professional and personnel resources that are expected to be necessary, in order to maintain and manage the riparian zone.
(4)
A revegetation plan, if applicable, that includes: three (3) layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature, will form an overhead canopy. Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Engineer of Barnegat Township, in consultation with the Environmental Commission. Dominant vegetation in the Riparian Zone Management Plan shall consist of plant species that are suited to the riparian zone environment. The Planning or Zoning Board Engineer may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or State or Federal forest agencies.
E.
A Riparian Zone Management Plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the riparian zone.
F.
Performance of the Riparian Zone Management Plan shall be guaranteed for a minimum of two (2) years by a surety, such as a bond, cash or letter of credit. The bond requirements will be prepared by the Planning or Zoning Board Engineer or the Township Engineer in the case of a project not before a Board. The bond, cash or letter of credit shall be provided to Barnegat Township prior to the Township issuing any permits or approving any uses relating to the applicable use or activity.
§ 55-28.11 Boundary Interpretation, Appeals Procedures, Inspections, Conflicts, Severability.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
This Riparian Zone Ordinance is applicable to the portion of Barnegat Township located within the jurisdiction of the Coastal Area Facility Review Act ("CAFRA" N.J.S.A. 13:19-1 et seq.) The Riparian Zone Map depicts the CAFRA boundary, which represents the western boundary of the land area under the jurisdiction of this ordinance. However, the accuracy of the CAFRA boundary depicted on the Riparian Zone Map is limited to the accuracy of the New Jersey Department of Environmental Protection Geographic Information System data layers from which it was prepared. Therefore, the statutory boundary of the CAFRA area set forth at N.J.S.A. 13:19-4 shall govern with respect to delineating the western boundary of the jurisdiction of the Riparian Zone Ordinance.
When a landowner or applicant disputes the boundaries of a riparian zone, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Planning or Zoning Board Engineer that describes the riparian zone, presents the landowner or applicant's proposed riparian zone delineation, and presents all justification for the proposed boundary change, including but not limited to, a verification issued under the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-6, or an approval from the New Jersey Department of Environmental Protection to encroach within the Special Water Resource Protection Area (SWRPA) of a C1 water pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5h)1ii.
B.
Within forty-five (45) days of a complete submission of subsection 55-28.11A above, the Planning or Zoning Board Engineer, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the appropriate municipal board and the landowner or applicant. Failure to act within the 45-day period shall not be interpreted to be an approval of the proposed boundary change.
C.
Any party aggrieved by any such determination or other decision or determination under subsection 55-28.11B may appeal to the Township Committee under the provisions of this ordinance. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
D.
Inspections.
(1)
Lands within or adjacent to an identified riparian zone shall be inspected by the municipal representative or a municipal consultant when:
(2)
The riparian zone may also be inspected periodically by representatives from Barnegat Township or its consultant if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.
E.
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this ordinance are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this ordinance apply.
F.
Severability.
(1)
Interpretation. This ordinance shall be so construed as not to conflict with any provision of New Jersey or Federal law.
(2)
Notwithstanding that any provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the ordinance shall continue to be of full force and effect.
(3)
The provisions of this ordinance shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
§ 55-28.12 Enforcement.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A prompt investigation shall be made by the appropriate personnel of Barnegat Township, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this ordinance is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this ordinance shall be construed to preclude the right of Barnegat Township, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this ordinance shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this ordinance. Each day a violation continues shall be considered a separate offense.
§ 55-28.13 Effective Date.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
This ordinance shall take effect upon final adoption and publication in accordance with the law.
§ 55-29 MULTI-FAMILY, AGE-RESTRICTED ZONE.
§ 55-30 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS.
[Added 7-21-03 by Ord. No. 2003-18; amended 12-1-03 by Ord. No. 2003-39; 10-5-09 by Ord. No. 2009-29]
A.
Purpose. The purpose of this section is to establish specific standards for the siting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Township of Barnegat shall give due consideration to the Township's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK FAA FCC HEIGHT PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS TOWER
Definitions. As used in this ordinance, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The lines that connect a provider's tower/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the natural grade of the parcel to the highest point on the tower or other structure, including the base pad and any antennas.
Any tower or antenna for which a building permit, conditional use permit, site plan approval, or use variance approval has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternate tower structures, and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive only antennas. These uses are exempt from the provisions of this ordinance.
(4)
AM array. For purposes of implementing this section an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
D.
Compliance with Other Requirements.
(1)
State or Federal requirements. All towers must meet or exceed current standards and regulations of the FAA and FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. In the Pinelands Area, all towers shall comply with the standards for local communications facilities in N.J.A.C. 7:50-5.4(c) and any comprehensive plan for such facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(2)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Barnegat concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(3)
Franchises. Owners and operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Barnegat have been obtained and shall file a copy of all required franchises with the Township Administrator.
E.
Submission and Procedural Requirements.
(1)
Multiple antenna and tower plans. The Township of Barnegat encourages applicants for towers and antennas to submit a single application for approval of multiple towers, multiple antenna arrays on a single tower and for antennas located on sites without towers. Applications for approval of multiple site and multiple arrays shall be given priority in the review and hearing process.
(2)
Public notice. For purposes of this section, any conditional use application, variance request, site plan application and any amended applications for any of the foregoing shall provide public notice in accordance with the provision of the Land Use Ordinance, and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
Information required. The information required for applications for development for towers set forth below shall be incorporated by reference into the checklist for completeness. In addition to any information required for application for conditional use permits pursuant to Section 55-200 of the Municipal Land Use Ordinance and for site plan approval pursuant to Article VI, Site Plan Regulations, applicants for approval of a tower, antenna array and for antenna located on sites without towers, whether as permitted uses, conditional uses or variances, shall submit the following information:
(a)
Inventory of existing sites. Each applicant for an antenna, tower or both shall provide to the Township Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Barnegat or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Township Administrator may share such information with other owners or operators of towers and antennas, applicants for towers and antenna and other organizations seeking to locate antennas within the jurisdiction of the Township of Barnegat. Nothing herein shall be construed as a representation or guarantee by the Township Administrator that such sites are available or suitable.
(b)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation of distances, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Planning Board or Zoning Board to be necessary to assess compliance with this ordinance.
(c)
Legal description of the parent tract and leased parcel (if applicable).
(d)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(e)
A landscape plan showing specific landscape materials, planting height and height at maturity.
(f)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(g)
A description of compliance with paragraph D(l), (2) and (3) and all applicable Federal, State or local laws.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided.
(k)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(l)
An accurate simulation, equivalent to a photographic representation, of the visual effects of the proposed tower, antennas and all associated structures viewed from the street frontage of the tower site and from all within two hundred (200) feet of the proposed tower.
(m)
An applicant for a conditional use permit shall submit the information described in this paragraph and a nonrefundable escrow fee as established by ordinance of the Township Committee of the Township to reimburse the Township for the costs of reviewing the application.
F.
Zoning Requirements.
(1)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(2)
Antennas or towers shall be permitted uses in the following commercial and industrial zones: CM, CN and C-PHD zones.
(3)
Antennas or towers shall be permitted as conditional uses in all zones other than: CM, CN and C-PHD zones.
(4)
The following requirements shall apply to all towers and antennas, whether permitted as conditional uses, as permitted uses or by variance:
(a)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township of Barnegat irrespective of municipal and County jurisdictional boundaries.
(b)
Lot size. The minimum lot size for a freestanding wireless telecommunications tower shall be three (3) acres.
(c)
Permitted height. Antennas and towers may not exceed the maximum height of one hundred eighty (180) feet. Towers and antennas however are exempted from the maximum building height permitted pursuant to the Barnegat Township Land Use Ordinances.
(d)
Buildings and support equipment associated with antennas or towers shall comply with the following setback requirements, provided, however, that the Zoning Board may reduce the setback requirements if the criteria for issuance of a variance are satisfied.
[1]
The tower shall be set back a distance to any property line at least equal to the height of the tower structure. For the purposes of this section, the height of the tower structure shall be the difference between the grade elevation at the base of the tower plus the height of the tower inclusive of all antennas.
[2]
Guys and accessory buildings and structures must satisfy the minimum zoning district setback requirements and shall not be subject to the setback requirements applicable to towers.
(e)
Signs. No signs shall be allowed on an antenna or tower.
(f)
Security fences. Towers shall be enclosed with ten-foot high security fencing and shall also be equipped with an appropriate anti-climbing device.
(g)
Separation. The following separation requirements shall apply to all towers and antennas provided, however, that the approving Board may reduce the standard separation requirements if the criteria for a variance are met.
[1]
Separation from off-site uses/designated areas.
[2]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table I, except as otherwise provided in Table I.
[3]
Separation requirements for towers shall comply with the minimum standards established in Table I.
Table I | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Residential structures, whether single- family, duplex or multi-family including those that abut a commercially zoned area.1 | 200 feet or 300% height of tower,2 whichever is greater |
Vacant residentially zoned land which is platted with a valid preliminary subdivision plan approval, and in the event that the proposed tower is to be located on a permitted commercially zoned property but abuts either a residence or residential zone. | 200 feet or 300% height of tower,3whichever is greater |
Vacant unplatted residentially zoned lands.3 | 100 feet or 100% height of the tower, whichever is greater. |
1 Includes modular homes and mobile homes used for living purposes. |
2 Separation measured from base of tower to closest building setback line. |
3 Separation measured from base of tower to closest building setback line. |
G.
Conditional Use Standards. General. In addition to the zoning standards applicable to towers and antennas, the following provisions shall govern the issuance of conditional use permits for towers or antennas:
(1)
Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of Section 55-200 of the Land Use Ordinance, except as modified in this section.
(2)
In addition to any standards for consideration of conditional use permit applications pursuant to Section 55-200 of the Land Use Ordinance, the Planning Board shall consider the following factors in determining whether to grant conditional use approval. To satisfy these conditional use criteria, the Planning Board may impose conditions necessary to minimize any adverse effect of the proposed tower on adjoining properties. The Planning Board shall consider the following factors in granting conditional use permits for towers:
(a)
Height of the proposed towers;
(b)
Proximity of the tower to residential structures and residential district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress; and
(h)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or other structures. If suitable existing towers are available, or there are other structures, or alternative technology to satisfy the need, no new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure of alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures of alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the proposed ordinance.
(3)
The applicant's proposed antenna may consist of the following:
(a)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are no other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
H.
Buildings or Other Equipment Storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than three hundred (300) square feet of gross floor area or be more than twelve (12) feet in height.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than fifteen percent (15%) of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a)
In all zones the equipment cabinet or structure shall be no greater than three hundred (300) square feet of gross floor area, and a height of no more than twelve (12) feet.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than three hundred (300) square feet of gross floor area or be more than twelve (12) feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(4)
In the PA and PF Zones, new wireless telecommunications facility towers shall be permitted only at the following locations:
(a)
Maximum height. In the Pinelands Area no tower shall exceed one hundred seventy (170) feet in height and all towers shall be designated so that their height may be increased to one hundred seventy (170) feet if necessary to accommodate the needs of other wireless carriers;
(b)
On developed publicly-owned lands, provided that the tower will be located on previously disturbed lands that have not subsequently been restored and that no tower will be located on State, County or municipal conservation lands, State recreation lands or County and municipal lands used for low-intensity recreational purposes;
(c)
On the parcel of an approved resource extraction operation, provided that the tower will be located on previously disturbed lands that have not subsequently been restored;
(d)
On the parcel of an existing first aid or fire station; or
(e)
On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.
(5)
If the search area for a proposed new tower facility contains lands located both inside and outside the Pinelands Area or lands in more than one (1) Pinelands management area, the applicant shall seek to site the facility in accordance with the following hierarchy, with the first designation being the location of greatest preference:
I.
Design and Performance Standards.
(1)
Finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
Aesthetics. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower into the natural setting and surrounding buildings.
(3)
Antennas on structures. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4)
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(5)
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c)
Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(d)
The structure or cabinet shall be screened by an evergreen hedge with a height at maturity of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence ten (10) feet in height and an evergreen hedge with a height at maturity of eight (8) feet and a planted height of at least thirty-six (36) inches to be located on the exterior face of the fence.
J.
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Township of Barnegat notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is being used for municipal communications purposes, or if the Township foresees using the tower in the future, then the Township may opt to have the tower transferred to the Township. Upon the dismantling and removal of a tower in the Pinelands Area, the property on which the tower was located shall be restored in accordance with N.J.A.C. 7:50—6.24.
K.
Nonconforming Uses.
(1)
Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this ordinance.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding paragraph I., bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in paragraph F(4)(d) and (g). The type, height, and location of the tower on site shall be of same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within with one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in paragraph J.
§ 55-30A SMALL WIRELESS FACILITIES.
[Added 7-5-2022 by Ord. No. 2022-14]
§ 55-30A.1 Definitions.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
All definitions of words, terms and phrases that are set forth in the Communications Act of 1934, P.A. 73-416, as amended by various statutory enactments including, but not limited to, the Telecommunications Act of 1996 P.L. 104-104, are incorporated herein and are made apart hereof.
B.
All definitions of the words, terms and phrases that are set forth in the portion of the Middle-Class Tax Relief and Job Creation Act of 2012, P.L. 112-96, as codified in 47 U.S.C. § 455, are incorporated herein and are made a part hereof.
C.
All definitions of words, terms and phrases that are set forth in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq., are incorporated herein and are made apart hereof.
D.
All of the definitions of words, terms and phrases that are set forth in the Code of Federal Regulations at 47 C.F.R. § 1.6002, as amended, are incorporated herein and are made a part hereof.
E. PERSONAL WIRELESS SERVICES PUBLIC RIGHT-OF-WAY SMALL WIRELESS FACILITY SMART POLE UTILITY POLE
In addition to the foregoing, the following words, terms and phrases shall have the meanings indicated unless an alternate meaning clearly is discernable from the context in which the word, term or phrase is used:
"Personal wireless services," as defined in 47 U.S.C. § 332(c)(7)(C), as supplemented and/or as amended.
The surface, the airspace above the surface and the area below the surface of any street, road, highway, lane, alley, boulevard or drive, including the sidewalk, shoulder and the area for utilities owned by the Township or within an easement to the public or other easement owned by the Township.
"Small wireless facility," as defined in the Code of Federal Regulations at 47 C.F.R. § 1.6002(1), as supplemented and/or as amended.
A decorative utility pole that conceals, disguises or camouflages one or more small wireless facility installation(s) and may include other features such as streetlighting, 911 call service access, public access Wi-Fi and surveillance cameras. A smart pole must allow for multiple occupants and allow space for municipal use for other services and/or equipment. Smart poles shall neither have external latches, external hinges, nor external cabling. The pole should be made of an inherently rust-resistant material (i.e., aluminum alloys or stainless steel).
A wooden or metal pole that is used by public utilities to support electrical wires, telephone wires, coaxial cables, fiber optic cables and similar appurtenances.
F.
In the event that a term, word or phrase is not defined in any of the aforementioned statutes and is not otherwise defined herein then that term, word or phrase shall have its common, ordinary meaning.
§ 55-30A.2 Small wireless facility siting permit requires; consent to use rights-of-way required.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
No person shall place a small wireless facility in any right-of-way without first filing a small wireless facility siting permit application, in the form specified herein and in accordance with the procedures specified herein, with the Township Clerk and obtaining a siting permit therefore, except as otherwise may be provided in this section. Upon approval of a siting permit application, the siting permit authorizing placement of a small wireless facility in a public right-of-way shall not be issued by the Township Clerk to any applicant unless:
(1)
All siting permit application fees and escrow fees, as established herein, have been paid; and
(2)
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's siting permit application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations adopted thereunder, Chapter 336, Streets and Sidewalks, of the Code of the Township and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the Township Clerk for inclusion with the applicant's application documents; and
(3)
The applicant has entered into a "Right-of-Way Use Agreement," the approved form of which is on file in the Office of the Township Clerk and can be obtained during normal business hours. The approved form of "Right-of-Way Use Agreement" may from time-to-time be revised, supplemented or otherwise amended or replaced. All such revisions, supplements, amendments or replacement shall be approved by resolution of Township Committee. The Township Clerk shall maintain on file the currently approved Right-of-Way Use Agreement version and shall provide a copy to all siting permit applicants. Minor deviations to the terms and conditions that are set forth in the approved form of Right-of-Way Use Agreement may be approved by Township Committee at the time that it grants consent to use a right-of-way to a siting permit applicant.
B.
No siting permit authorizing placement of a small wireless facility in a public right-of-way shall be issued to any applicant unless Township Committee, in the manner prescribed by applicable laws of the State of New Jersey, has granted to the siting permit applicant its consent to use public rights-of-way within the Township. No siting of a small wireless facility shall be permitted within 200 feet of another small wireless facility unless it can be established by clear and convincing evident that co-location on an existing or previously approved small wireless facility is not feasible. Any claims of carriers of technical incompatibility or inability to collocate need to be proven by the carrier, not disproven by the Township. Responsibility for judging proof of said claims lies solely with the Township and/or its chosen representative(s).
§ 55-30A.3 Installation of new structures; installation on existing structures.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
No application for a small wireless facility siting permit shall be approved if the application proposes the deployment of a small wireless facility upon an existing structure in a right-of-way unless the structure is a smart pole as set forth in the definitions of this section.
B.
No small wireless facility shall be installed upon any new structure within any right-of-way unless the new structure is a smart pole as defined in the definition section of this section. A replacement pole is a new structure.
C.
No application for a small wireless facility siting permit shall be approved if the application proposes the deployment of a small wireless facility in an area other than those specific locations set forth within the Township's Wireless Siting Plan which can be found on file with the Township Clerk. All small wireless facilities must be placed within a twenty-five foot radius of those specific locations set forth on the Township's Wireless Siting Plan. No more than one smart pole shall be permitted per intersection or block if the Siting Plan calls for the deployment of a small wireless facility at any location other than an intersection, unless otherwise specified within the Wireless Siting Plan. No smart poles shall be located within 200 feet of another.
§ 55-30A.4 Siting permit application process.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
Application filing. An application for a siting permit to place one or more small wireless facility within a right-of-way shall be made on forms which shall be available from the Township Clerk. The application, along with the required application fee and the required escrow fee, shall be filed with the Township Clerk. Immediately upon receipt of an application, the Township Clerk shall provide copies of the application and all supporting documents that were submitted by the applicant with the application, to the Township Engineer, the Construction Official, and the Township Attorney.
B.
Application form. The small wireless facility siting permit application shall be made by a provider of personal wireless services, or its duly authorized representative as noted in a notarized statement from the provider of personal wireless services on whose behalf the representative is acting, and shall contain the following:
(1)
The applicant's name, address, telephone number and email address;
(2)
The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
(3)
A general description of the proposed small wireless facility, existing structure and new structure work to be performed. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with particular emphasis on those matters, including, but not limited to, subservice utilities likely to be affected or impacted by the work proposed along with a description of such other governmental permits or approvals as may be required by applicable law with respect to the proposed installation(s) and a description of such other permits or approvals for which the applicant has applied;
(4)
Authorization for any consultant acting on behalf of the applicant to speak with the Township, or a designee of the Township, on the area of consultation for the applicant even if the applicant cannot be available;
(5)
Verification from an appropriate professional that the small wireless facility shall comply with all applicable federal, state, and local laws, administrative regulations and codes;
(6)
The applicant shall certify that they shall market the availability of approved facilities to all major wireless carriers in the marketplace. The applicant shall further certify that they will encourage, manage and coordinate the location and placement of an interest carrier's equipment on their structure.
C.
An applicant seeking to deploy a network of small wireless facilities, all of which are to be located in rights-of-way, may file a batched application for up to 25 small wireless facilities and receive a single siting permit for multiple small wireless facilities.
§ 55-30A.5 Procedure on permit application; no exclusive rights.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
The Township shall review the application for a small wireless facility siting permit in light of its conformity with the provisions of this section, and shall approve a siting permit on nondiscriminatory terms and conditions subject to the following requirements:
B.
Within 10 days of receiving an application, the Township Clerk shall determine and notify the applicant:
(1)
Whether the application is complete;
(2)
If the application is incomplete, what specific information is missing; and
(3)
Whether the deployment of the small wireless facilities as proposed requires the applicant to apply for other permits, such as a street opening permit or construction permit, for which the applicant has not yet applied. No small wireless facility siting permit application shall be deemed complete until the applicant has applied for all other permits and approvals required by all other laws and regulations that are applicable to the applicant's proposed small wireless facility deployment.
C.
The Township shall make its final decision to approve or deny the application within the following timeframes:
(1)
Sixty days from the submission of a complete application to install a small wireless facility upon one or more existing structures.
(2)
Ninety days from the submission of a complete application to install a small wireless facility upon one or more new structures.
(3)
Ninety days from the submission of a complete batched application to install small wireless facilities upon both existing and new structures.
The timeframes described above by which an application shall be either approved or denied may be extended by mutual consent of the applicant and Township. Such consent shall be set forth on a form for such purposes which shall be available from the Township Clerk. Such consent on behalf of the Township shall be exercised by the Township Committee in their reasonable discretion.
D.
The Township Clerk shall notify the applicant in writing of the final decision, and if the application is denied, specify the basis for denial; and cite such specific provisions, as may be recommended, by the Township Attorney, from federal, state, or local laws, administrative regulations or codes as to why the application was denied.
E.
Notwithstanding an initial denial, the applicant may cure any deficiencies identified by the Township within 30 days of the denial without paying any additional application fee, provided the Township Clerk shall approve or deny the revised application within 30 days of receipt of the amended application which shall be limited to the deficiencies specified in the original notice of denial.
F.
If the Township fails to act upon an application within the timeframes prescribed by this section, the applicant may provide written notice to the Township that the application review and decision period has lapsed. Upon receipt of such notice, the Township Committee, by resolution adopted no later than its second regularly schedule public meeting next following receipt of the notice, shall either deny the application or direct that the sting permit shall be approved and issued. Nothing in this paragraph is intended in any way to impact any other right or remedy that may be available to the applicant under applicable federal or state law if the Township fails to act upon an application within the timeframes prescribed by this section.
G.
A siting permit from the Township authorizes an applicant to undertake only certain activities in accordance with this section. No approval or consent granted, or siting permit issued, pursuant to this section shall confer any exclusive right, privilege, license or franchise to occupy or use any public right-of-way within the Township for the delivery of telecommunications services or for any other purpose.
§ 55-30A.6 Duration.
[Added 7-5-2022 by Ord. No. 2022-14]
No siting permit issued under this section shall be valid for a period longer than 12 months unless construction has actually begun and continuously and diligently is pursued to completion. Upon written request from the applicant, the Township Committee, upon consultation with the Construction Official, may extend the siting permit for a period of up to 12 months so long as construction has begun at the time that the applicant's request for an extension is made.
§ 55-30A.7 Routing maintenance and replacement.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
A small wireless facility siting permit shall not be required for:
B.
On a location where the Township and/or another provider has placed equipment or facilities, any routine maintenance or replacement that is done shall not occur until written authorization from the Township and/or the other provider, as the case may be, to proceed is provided to the Township, which authorization to proceed shall not unreasonably be withheld by the Township and/or the other provider.
C.
If the replacement of a small wireless facility with another small wireless facility includes replacement of the structure to which the small wireless facility is attached, then an application for a siting permit shall be required.
§ 55-30A.8 Application fees.
[Added 7-5-2022 by Ord. No. 2022-14]
All applications for approval and issuance of a small wireless facility siting permit pursuant to this section shall be accompanied by a fee as follows:
A.
For application that do not include the installation of any new structure within a right-of-way the application fee shall be $500 for up to five small wireless facilities with an additional $100 for each small wireless facility beyond five.
B.
For applications that include the installation of a new structure within a right-of-way, the application fee shall be $1,000 for up to five small wireless facilities with an additional $100 for each small wireless facility beyond five.
§ 55-30A.9 Escrow fee for third-party professionals and consultants.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
In addition to the application fee, all applications for approval and issuance of a small wireless facility siting permit shall be accompanied by an escrow fee as follows:
(1)
For applications whose proposed small wireless facility deployment(s) will not require a street opening permit pursuant to the Township Code: $5,000.
(2)
For applications whose proposed small wireless facility deployment(s) will require a street opening permit pursuant to the Township Code: $7,500.
B.
The escrow account deposits are required to pay for the costs of professional services, including engineering, planning, legal and other third-party professional consulting expenses connected with the review of submitted materials, including any traffic engineering review or other special analysis related to the Township's review of the material submitted by the applicant and the preparation of any reports or any necessary legal agreement regarding rights-of-way use. An applicant is required to reimburse the Township for all fees, costs and expenses of third-party professionals and consultants incurred and paid by the Township for the review process of small wireless facility siting permit application, such as, but not limited to:
(1)
Professional fees for review by third-party professionals or consultants of applications, plans and accompanying documents;
(2)
Issuance of reports or analyses by third-party professionals or consultants to the Township setting forth recommendations resulting from the review of any documents submitted by the applicant;
(3)
Charges for any telephone conference(s) for meeting(s), including travel expenses, requested or initiated by the applicant, the applicant's attorney or any of the applicant's experts or representatives;
(4)
Review of additional documents submitted by the applicant and issuance of reports or analyses relating thereto;
(5)
Review or preparation of right-of-way use agreements, easements, deeds, right-of-way municipal consent ordinances or resolutions and any and all other like or similar documents; and
(6)
Preparation for an attendance at all meetings by third-party professionals or consultants serving the Township, such as the Township Attorney, Township Engineer and Township Planner or other experts as required.
C.
The escrow account deposits shall be placed in a separate account by the Township's Chief Financial Officer at the request of the Township Clerk and an accounting shall be kept of each applicant's deposit. Thereafter:
(1)
All third-party professional or consultant fees, costs, expenses and charges shall be paid from the escrow account and charged to the applicant;
(2)
Upon either final denial of a small wireless facility siting permit application or upon issuance of a small wireless facility siting permit, any moneys not expended for third-party professional, or consulting service shall be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Township Committee;
(3)
If at any time during the application review process 75% of the money originally posted shall have been expended, the applicant shall be required to replenish the escrow deposit to 100% of the amount originally deposited by the applicant;
(4)
No small wireless facility siting permit application shall be considered complete until such time as the required escrow fee has been posted to guarantee payment of third-party professional or consultant fees, costs, expenses, and charges;
(5)
All payments charged to the escrow deposit shall be pursuant to vouchers from the third-party professionals or consultants stating the hours spent, the hourly rate and the fees, costs, expenses and charges incurred;
(6)
Third-party professionals and consultant submitted charges pursuant to this section shall be permitted to charge for such services at the same rates as they would charge their private clients for like or similar work, provided that:
(a)
Professional fees are billed at rates that do not exceed such professional fees as are customarily charged by other like professionals and consultants performing similar work within Ocean County; and
(b)
Out-of-pocket costs, expenses and charges are billed on a dollar-for-dollar basis with no mark-up being permitted.
(7)
The Township shall render a written final accounting to the applicant on the uses to which the escrow deposit was put. The written final accounting shall include copies of all vouchers that were submitted by third-party professionals and consultants and paid by the Township.
§ 55-30A.10 Municipal access to new structures.
[Added 7-5-2022 by Ord. No. 2022-14]
A.
An applicant whose siting permit includes the installation of any new smart pole structure as defined by this section shall provide the Township with access to any of the technological features that are a component the new smart pole structure such as, for example, public access, Wi-Fi, 911 call service or security cameras, before the applicant offers such access to any other person or entity.
B.
Should the Township decide to utilize any such technological features then the Township, on an annual basis, shall reimburse the applicant or the subsequent owner of the structure, the costs, on a dollar-for-dollar basis, of providing the Township with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Township and the costs of any repairs required to be made to the components used by the Township, unless the repairs costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
§ 55-31 SCHEDULE OF AREA, YARD AND BUILDING REQUIREMENTS.
[Added 8-16-99 by Ord. No. 1999-24; amended 5-7-12 by Ord. No. 2012-07]
The minimum building lot requirements in each of the above specified districts shall be defined in the Schedule of Area, Yard and Building Requirements attached hereto and adopted as part of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
§ 55-32 CLUSTER DEVELOPMENT.
A.
The purpose of this section is to provide a method of developing land in certain districts to set aside desirable open spaces, common property, conservation areas, floodplains, school sites, recreation areas and parks. The generation of these area is brought about by permitting reduction in lot sizes without increasing the number of lots.
B.
Cluster developments may be approved at the discretion of the Board in accordance with the following standards:
(1)
All dwelling units shall be connected to approved and functioning central water and sanitary sewer treatment systems.
(2)
The maximum number of lots shall be expressed in lots per gross acre of land as set forth in this section.
(3)
A cluster development must consist of a least one (1) or more contiguous tracts of land containing not less than thirty (30) acres.
C.
All open space land shall meet the following requirements:
(1)
The minimum size of any parcel shall be two (2) acres.
(2)
It shall be an integral part of the development and shall be located to best suit the purpose(s) for which it is intended.
(3)
Every parcel offered to and accepted by the Township shall be conveyed by deed at the same time final plat approval is granted, and such acceptance is subject to any conditions the Township may impose. Said deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.
(4)
Any lands offered to the Township shall be subject to approval by the governing body after review and recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to the overall plan, the accessibility and potential utility of such land sand such existing features as may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
(5)
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions, approved by the Board, which ensure that:
(6)
All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the future resident population. The Board shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open spaces. Active and passive recreational facilities shall include but not limited to ballfields, multipurpose fields, tennis courts, multipurpose court areas, children's play ground equipment, passive picnic or sitting areas, swimming pools, bicycle paths, and jogging trails.
(7)
There shall be close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of fifty (50) feet and periodically widening out into significant and usable recreational areas.
(8)
The configuration of green space area should be so arranged that connections can be made to existing or future adjacent open spaces.
(9)
Land so dedicated for open spaces shall include natural features such as streams, brooks, wooded areas, steep slopes and other natural features of a scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements.
(10)
Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this subsection, the Building Inspector shall, from time to time following the approval of the cluster development, review building permits and shall make an inspection of open space and recreational facilities to examine the work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report back to the Township Committee, which may take such action as it may deem appropriate, including the issuance of a stop-work notice or revocation of building permits until such time as parity in development has been reached.
(11)
The Board may require a subdivider to make certain site preparation improvements to the open spaces. The Board may provide that said site preparation improvements are made a part of the plan and are noted therein. Some may include the following:
(a)
Removal of dead or deceased trees.
(b)
Thinning of trees or other growth to encourage more desirable growth.
(c)
Removal of trees in areas planted for ponds, lakes or active recreational facilities. The Board may require the assistance of experts to determine the foregoing.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
(12)
Whenever possible, all the following land areas and features shall be preserved as open space:
(13)
Building lot standards. Whenever possible, buildings shall front on culs-de-sac, loop streets of P-loops. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.
(14)
Utilities. All utilities shall be underground, and water sewerage facilities shall be centralized, with no individual wells, septic tanks, or cesspools permitted.
D.
Districts Permitted.
(2)
The exercise of the clustering option shall be contingent upon the availability and provision of public/private sanitary sewer facilities and potable water supply. Plan review shall be required by the appropriate municipal agency for all cluster developments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
E.
Required Findings by the Planning Board. Prior to granting approval of any cluster (reduced lot size) development election the Planning Board must find that:
(1)
Sanitary sewer collection and treatment facilities are available to and are to be provided to the proposed development.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(4)
Open space to be created by the proposal must be suitable for passive or active recreational uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.
(5)
There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangement proposed by the developer.
(6)
The proposal is consistent with the intent and purposes of the Master Plan.
F.
Maximum Density. The maximum density of residential building lots for cluster development in each of the specified districts shall be as defined in the Schedule of Area, Yard and Building Requirements attached hereto and adopted as part of this chapter. In any event, the overall permitted density shall be calculated on a gross-acreage basis where gross acreage is the entire area of the tract prior to development. The density and the open space requirements for each of the specified districts is as follows:
Zone | Dwelling Units Per Gross Acre | Percentage of Open Space |
|---|---|---|
PW | 0.31 | 20 |
RC-7.5 | 3.00 | 20 |
G.
Area, Yard and Setback Requirements. The minimum building lot requirements for cluster development in each of the specified districts shall be as defined in the Schedule of Area, Yard and Building requirements attached hereto and adopted as part of this chapter.
§ 55-33 BARNEGAT HISTORIC DISTRICT.
[Amended 11-20-95 by Ord. No. 1995-49 § 2; 8-5-96 by Ord. No. 1996-23; 8-17-98 by Ord. No. 1998-13 § 3]
A.
There is hereby created a Barnegat Historic District within the Township of Barnegat, the boundaries of which are located within portions of the R-7.5 Zone and the C-V Zone. The regulations therein are contained below and will be in addition to those otherwise in force in the district. In addition, all structures listed in the Barnegat Historic District National Register of Historic Places Nomination Form are hereby designated as landmarks. The regulations pursuant to this designation are contained below and shall be in addition to those otherwise in force in the zoning district of which the landmarks are a part.
(1)
The purpose of the zone is to acknowledge the special and unique character of Barnegat's village area and to provide special provisions designed to preserve and protect the historical nature of the village, while at the same time encouraging renovation and new construction compatible with existing aesthetic patterns to promote and continue the revitalization of Barnegat's downtown area. The intent of all standards in the Barnegat Historic District is to safeguard the heritage of the Township by preserving that part of the Township which reflects elements of its cultural, social, economic and architectural history and to promote the use of historic area for the education, pleasure and welfare of the citizens of the Township and its visitors.
No building or structure shall be erected, reconstructed, demolished, altered or restored and no use shall be made of any land in the Barnegat Historic District until the Planning Board, or its designated Site Plan Review Subcommittee, approves the site plan therefor in accordance with the following standards:
(a)
The Planning Board, in passing appropriateness of exterior architectural features, in any case, shall keep in mind the purpose set forth in this section and shall consider, among other things, the general design arrangements and material of the building or structure in question and relationship of such factors to similar features of historic structures in the immediate surroundings and the position of such structures in relationship to the street or public way and each other.
(b)
The Planning Board shall not make any requirements except for the purpose of preventing developments obviously incongruous to the historic aspects of the surroundings.
(c)
The Planning Board shall be lenient in its judgment of plans for new construction or for alterations, repair or demolition of structures of little historical value which are within the District, except where such construction, alteration, repair or demolition would seriously impair the historic value and character of surrounding structures of the surrounding area.
(d)
The Planning Board shall provide encouragement that any alterations or repairs to structures in the Historic District be made in the spirit of their architectural style and that any additions will be made in such manner as not to detract from a building's original appearance.
(e)
It is the intent of this section that the Planning Board be strict in its judgment of plans for alterations, repairs or demolition of existing structures deemed valuable according to studies, approved by the Planning Board of the Township of Barnegat by qualified persons. Small additions and construction to existing properties in the Barnegat Historic District, such as decks, porches, garages and the like, which are not visible from the street have minimal or no impact on the historic character of the area, may be reviewed and approved by the Planning Board staff and Township Planner upon notice to the full Planning Board of such action.
The aforesaid application shall be submitted by the Administrative Officer to the Historic Preservation Commission for a report and recommendations in accordance with N.J.S.A. 40:55D-111.
The Secretary of the Historic Preservation Commission shall, upon receipt of the application for a permit/certificate of appropriateness, schedule the application for a hearing and shall give written notice to the applicant. The Commission's hearing and deliberations shall be conducted in accordance with the Open Public Meetings Act. Hearings relating to applications for demolition or relocation permits shall be public hearings advertised in the manner provided by N.J.S.A. 40:55D-1 et seq. The applicant shall be responsible for providing the required notice.
B.
In its deliberations, the Historic Preservation Commission shall consider and make specific findings upon whether the applicant may make any reasonable use of the subject property (as permitted by the applicable zoning ordinance) in the event that the application should be denied or granted with conditions. No application may be denied or conditioned in the absence of a specific finding by the Commission that such denial or condition of approval will not render the property useless for a permitted use.
C.
In the case of a referral by the Administrative Officer of a minor application for the issuance of a permit pertaining to historic sites or property in the Historic District, as defined in this chapter, the Chairperson of the Historic Preservation Commission is authorized to act in place of the full Commission for purposes of this section; and, the Site Plan Review Subcommittee of the Planning Board is authorized to act in place of the full Board pursuant to N.J.S.A. 40:55D-111 and § 55-141D.
D.
Design and Area Requirements.
(1)
All provisions of the design and performance standards for all development, including specifically landscaping, parking and loading, lighting and sign standard, shall be met.
(2)
Where a lot is situated between two (2) lots, each of which is developed with a principal building, the minimum front yard requirement of such lot may be the average of the front yards of said existing buildings but in no case shall the front yard setback be less than ten (10) feet. The side and rear yard setbacks shall conform to the requirements of the zoning district in which the property is located.
(3)
All buildings or uses of land in the Barnegat Historic District shall be served by public sewer and water. Renovations or conversions which result in additional units and do not constitute a sewer extension under applicable Department of Environmental Protection regulations may use any original sewer connection upon payment of such additional connection fees as are necessary to equal the number of additional units.
§ 55-34 TOWN CENTER OVERLAY ZONE.
[Added 5-7-12 by Ord. No. 2012-05]
§ 55-34.1 Intent.
[Added 5-7-12 by Ord. No. 2012-05]
A.
To create a new Town Center area as an overlay along the Route 9 corridor approximately from the intersection of Route 9 and Barnegat Boulevard North to just before the intersection of Route 9 and Gunning River Road, excluding the Historic District, and along the Bay Avenue corridor from Water Street westward to the Garden State Parkway as designated herein and shown on the Barnegat Township Zoning Map.
B.
To promote compact mixed-use development in the Town Center that is predominately comprised of commercial uses in order to provide goods and services to Township residents and visitors.
C.
To encourage development and redevelopment within the Town Center rather than within less developed, more environmentally sensitive land areas of the Township.
D.
To add new overlay zoning designations TC-CPHD, TC-CN, and TC-CV to identify the Town Center area and provide standards for development within the new overlay zones.
E.
This ordinance has been prepared in accordance with the December 7, 2011 Initial Plan Endorsement that Barnegat Township received from the State Planning Commission and the 2011 Barnegat Township Master Plan.
§ 55-34.2 Purpose.
[Added 5-7-12 by Ord. No. 2012-05]
A.
To promote a desirable mixed-use development consisting of predominantly commercial, office and civic land uses and a lesser amount of residential dwellings above the first floor within a vibrant, pedestrian-friendly town center environment with an emphasis on uses that serve local and community needs. Encourage pedestrian flow throughout the area by generally permitting mixed-use buildings, shared parking and cross accesses.
B.
To encourage an interconnected street system in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, to connect neighborhoods, to promote walking and biking, to reduce miles of travel that result in lower air emissions and wear on the roadway, and to provide continuous and comprehensible traffic routes.
C.
To encourage design compatibility with existing development that considers building height, materials, colors, landscaping and signage, connectivity, shared off-street parking and stormwater detention facilities, require off-street parking to the side and rear of the building that is well screened from public view, control the means of vehicular access and coordinate internal pedestrian and vehicular traffic flows related to existing and proposed development patterns. All development shall reflect traditional Town Center planning and design principles, including the following:
(1)
Provide a layout of buildings, open spaces and parking lot edges that encourage sidewalk and pathway interconnections.
(2)
Promote cross access and shared access to reduce the number of driveways along Route 9 and West Bay Avenue.
(3)
Provide for focal points such as small parks or squares and other open spaces, as appropriate, such that a sense of place is created or strengthened.
(4)
Promote the transition of land development into the Town Center that exhibits the design features of a traditional mixed-use neighborhood that promotes pedestrian circulation, social gathering and interaction amongst commercial establishments supporting and providing service to the residents of the community.
(5)
Create a district that enhances a feeling of security and incorporates design elements that maximize the number of "eyes on the street."
(6)
Encourage mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space.
(7)
Promote the design and arrangement of buildings in a manner that advances "green building" and sustainability principles and practices.
(8)
Promote the creation of a district with architectural facade design and building scale typical for a mixed-use neighborhood that will maintain Barnegat Township's historic character.
(9)
Promote uses that will generate economic development opportunities for the Township of Barnegat and ensure long-term economic vibrancy of the Town Center area of the Township.
§ 55-34.3 Definitions.
[Added 5-7-12 by Ord. No. 2012-05]
An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, or other medical personnel, psychologists or social workers and where such examination and treatment generally requires a stay of less than twenty-four (24) hours. Medical offices for employees that are incidental to the primary use of the facility as an ambulatory health care facility are permitted.
Typically the Planning Board or Zoning Board of Adjustment for nonresidential development in the Town Center zoning districts; however, it can also mean an outside agency or other approving authority in accordance with their jurisdiction.
Any building, land area or other premises or portion thereof, used for the retail dispensing or sales of motor vehicle fuels, including alternative fuels and energy for licensed motorized vehicles, with or without the accessory sale of lubricants, and automotive accessories or with or without an ancillary convenience store or mini-mart for the sale of snacks, beverages, food staples such as milk and bread, and travel accessories such as sunglasses, aspirin, etc., or with or without automotive services such as lubrication, oil changing, maintenance, or car washing and detailing. No vehicle repairs or painting or the storage of inoperable or unregistered vehicles shall be permitted. Additionally, no car or truck rental, sales, parking for a fee or other activity not specifically part of the automotive service station use shall be permitted.
Owner-occupied dwellings providing overnight guest accommodations and prepared meals to transients for compensation. A bed and breakfast inn shall contain no more than ten (10) guest rooms; provide a minimum of two (2) off-street, on-site parking spaces plus one (1) space per guest room; restrict the duration of the stay of patrons to a maximum of fourteen (14) consecutive nights; and restrict the service of meals to overnight guests. Individual kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
Boutique hotels are small properties, marketed on bringing unique, location-specific experiences to travelers, comprised of no more than fifty (50) rooms that emphasize personalized service and keep a low guest-to-staff ratio.
A system of streets with multiple routes and connections serving the same origins and destination.
A facility to store and maintain the supplies and operational equipment associated with a contractor's business for usage or disposal at a later date at another location off site. Such equipment and/or supplies shall be stored within a completely enclosed building or structure. The facility may also be comprised of an office with an ancillary storage use. Outdoor storage of materials and equipment is not permitted.
Typically a store dedicated to the selling of foodstuffs and/or general merchandise which is specifically designed to provide a limited stock-in-trade and which caters to quick-in-and-out shopping. A convenience store may contain a delicatessen or a prepared food section. A convenience store may not contain any amusement machines. At no point should services such as gasoline dispensing or check cashing be construed as included within the parameters of the definition of a convenience store. Certain text been incorporated within the conditional use criteria in Section 55-34.7C(5) of this ordinance.
The square footage or other measurement by which the building occupies the land is defined as the aggregate of the maximum horizontal cross-sectional area of the building, excluding cornices, eaves, gutters, rakeboards or chimneys not projecting more than eighteen (18) inches, and excluding landings, steps, and uncovered decks and terraces which are less than sixteen (16) inches above natural elevation.
A service that converts hard copy files into a digital format, which can then be stored on CDs, USB flash drives, disc storage, a computer server or similar data storage systems.
A type of development designed to be versatile, which may be used in combination with office (corporate headquarters), research and development and quasi-retail sales with all operations conducted within an enclosed structure.
1) A room or building devoted to the exhibition of works of art; 2) an institution or business exhibiting or dealing in works of art.
A commercial establishment selling plants and garden products, seeds, fertilizer, tools and other related items primarily at retail to the public.
An establishment where health care services such as blood tests and similar health care tests and services are administered to patients. Medical offices for employees that are incidental to the primary use of the facility as a health care service facility are permitted.
Any structure, surface, or improvement that reduces and/or prevents absorption of stormwater into land.
The use of any premises, structure, building or part of a building or place for purposes of low intensity manufacturing uses such as workshops for sculptures, woodworking, glass blowing, pottery, catering, candle-making, gourmet soaps, culinary classes, flower arrangement classes and similar uses, and technology centers and uses. All operations should be conducted within an enclosed structure. Access and compatibility with the surrounding uses are the most important criteria for the location of light industrial uses. The use shall not create any hazardous on-site or off-site impacts from smoke, particulates or other air pollution, groundwater pollution, odors, noise, glare, heat, vibration, radiation, fire or explosion hazard, or other hazardous conditions, and shall be developed in accordance with the standards set forth within this ordinance in terms of buffers, environmental impacts, and separation from incompatible uses.
A brewery holding a limited brewery license issued by the State of New Jersey as defined by N.J.S.A. 33:1-10(b) that prepares handcrafted natural beer in accordance with N.J.S.A. 33:1-10(b), Limited Brewery License. The sale of any product not created on site is prohibited.
[Added 10-6-2020 by Ord. No. 2020-12]
An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity with no residential activity permitted on the first floor and which includes:
Complete kitchen space and sanitary facilities in compliance with the building code within the residential portion of the structure; and
Working space reserved for and regularly used by one or more occupants of the unit. The scope of definition of live/work space permits a residential use above the first floor and shall by no means be construed to include a combination of office and residential uses above the first floor.
An establishment or place of business operated by a medical practitioner or professional physical therapist or other similar professions licensed by the State of New Jersey and providing the services of facials and body massages, including exercise, heat and light treatments of the body and all forms and methods of physical therapy. Excluded from the scope of this definition are establishments not licensed by the State of New Jersey and those providing any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body that occurs as part of or in connection with sexual activities; or where any person providing such treatment, manipulation or service related thereto is not fully clothed.
Any building containing more than one permitted or conditional use where nonresidential uses are located on the ground floor and residential or non-residential uses such as offices are located on any additional floors.
Development consisting of adjacent but separate buildings that function as one (1) cohesive development in terms of access and connectivity.
A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. The following uses are not considered business office uses: establishments offering personal services (such as barbershops and beauty shops), repair services (such as radio and television repair shops), retail uses, and banks.
An office of a member of a recognized profession, maintained for the conduct of their profession. Such professions shall be limited to those of law, architecture, engineering, art, religion, music, accounting, insurance services, real estate brokers, and other professions which require a small degree of formal training and experience.
Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private property pursuant to the Land Use Ordinance.
A delineated space within a commercial property designed to contain a freestanding use that shares parking with the other uses on the larger commercial property.
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel including but not limited to uses such as barbers, beauticians, nail salons, hairdressers, interior decorating services, shoe repair persons, tailors, dry cleaners, laundromats, mailing services, printing services, photo studios, and travel agencies. Such services shall not include animal grooming establishments, tattoo and body art parlors and massage parlors as defined herein.
A place designed and equipped for the conduct of sports and leisure time activities within an enclosed space such as gymnasiums, health and fitness clubs, indoor tennis and racquetball courts, theatres, ballet and other dance studios, bowling alleys and indoor swimming pools.
A place designed and equipped for sports and leisure time activities that contains uses including, but not limited to, golf driving ranges, golf training centers, health and racquet clubs, fitness centers, swimming pools, tennis courts, badminton courts, table tennis facilities, shuffleboard courts, handball courts, horseshoe pits and similar recreational uses.
Any establishment, however designated, at which prepared food and beverage are sold primarily for consumption on the premises, only at tables and served by waiters and waitresses at said tables within a building, and in which an ancillary microbrewery is contained. A dining establishment providing outdoor dining facilities as part of an approved site plan shall also be considered a restaurant under this definition. Those restaurants where a majority of prepared food is consumed only at tables on the premises and served by waiters or waitresses at said tables shall not be deemed fast food restaurants regardless of whether or not a customer may purchase food for consumption elsewhere. A dining establishment holding a liquor license may also have the option of serving food at the bar and still be considered a restaurant under this definition.
Establishments engaged in the selling or rental of goods or merchandise for personal or household consumption and rendering services incidental to the sale of such goods excluding auction markets, flea markets, motor vehicle sales, lumberyards, adult bookstores or sex shops, and pawn shops.
A facility that conducts retail wine sales and sales of related products such as wine tasting, wine care and small-scale home wine production equipment, cheeses and other food products commonly associated with wine consumption and similar items for sale to the general public. Small-scale wine production, classes in wine production and related topics for the general public, and wine tasting are also permitted in conjunction with this use.
See Massage Parlors.
1) The workshop of an artist, sculptor, photographer or a craftsperson; 2) a place for radio or television or film production; 3) instructional or exhibition facilities for art, music, dance, fitness or other similar uses, excluding tattoo or body art parlors.
A building or facility that is devoted towards the promotion of healthy living as well as the prevention of illness and disease run by any number of physicians or certified licensed practitioners who can practice a wide variety of medicine. These facilities promote health care through fitness, dietary needs, psychological aid, and other more direct medical practices, where a patron can sometimes talk to a physician directly for a diagnosis of a specific problem, or can arrange for a treatment such as massage from a licensed and trained therapist.
§ 55-34.4 Applicability.
[Added 5-7-12 by Ord. No. 2012-05]
This ordinance shall apply to development, redevelopment, or additions or alterations to existing commercial sites within the Town Center unless specifically listed under each Town Center zone. The bulk standards applicable to residential uses in existence as of the adoption date of this ordinance (adopted May 7, 2012) shall remain unchanged, for the purpose of additions, repairs, renovations, restoration and accessory uses. As of the date of the adoption of this ordinance, no new residential uses shall be permitted in the Town Center except as expressly provided for herein.
§ 55-34.5 Identification and Bulk Standards.
[Added 5-7-12 by Ord. No. 2012-05]
The following Town Center overlay zones are hereby created, and integrated in the Land Use Code of the Township of Barnegat, and Section 55-6, Designation of Zoning districts and Section 55-31, Schedule of Area, Yard, and Building requirements shown in Appendix A are hereby amended to add the following Town Center Overlay Zones.
A.
TC-CPHD — Town Center Planned Highway Development Commercial.
B.
TC- CN — Town Center Neighborhood Commercial.
C.
TC- CV — Town Center Village Commercial.
D.
In addition to the minimum building requirements set forth in Appendix A, the following standards shall apply in the Town Center overlay zones:
(1)
If a commercial parcel is to be developed between two (2) existing commercial parcels, the front yard setback may be the average of the adjoining properties on either side or comply with the standards set forth within the bulk zoning standards for that zone;
(2)
Side yard setbacks may be reduced to zero (0) feet to create an alley or interconnection between commercial properties;
(3)
Any commercial development adjoining a residential property or residential zone to the side shall maintain a minimum side yard setback of ten (10) feet on the side adjoining such a use or zone;
(4)
Any commercial development adjoining a residential property or zone to the rear shall have a minimum fifty (50) foot rear yard setback;
(5)
The maximum floor area ratio shall be 2.0 for mixed-use buildings and 1.25 for all other buildings;
(6)
Mechanical equipment, chimneys, air conditioners, elevator penthouses, church spires and steeples, and similar appurtenances necessary to the operation of the building as well as decorative architectural elements to screen them from view shall be exempted from the height restrictions so long as they do not exceed the maximum height by more than ten (10) feet.
(7)
Bulk standards for residential properties in the Town Center in existence as of the date of adoption of this ordinance (adopted May 7, 2012) remain unchanged, except that an accessory apartment with a minimum of seven hundred (700) square feet shall be permitted so long as the parking requirements can be met on site. If the apartment is deed restricted as an affordable housing unit, then the accessory apartment shall meet all applicable standards of Barnegat Township's Housing Element and Fair Share Plan and applicable affordable housing regulations.
(8)
Pedestrian circulation routes and amenities must be constructed and maintained as depicted on an approved site plan.
(9)
No vending machines, outdoor products, propane tank exchange facilities, seasonal products or similar products are permitted to obstruct any sidewalk or pedestrian and bicycle circulation route.
(10)
No outdoor storage is permitted within the front yard area.
(11)
No displays, propane tank exchange or sales facilities or other outdoor items shall be placed within a pedestrian walkway or sidewalk unless approval from the Township has been obtained. No propane exchange or sales facilities shall be installed without the approval from the Township Planning Board or Zoning Board.
(12)
Impervious surfaces are permitted to cover no more than 70% of the lot area.
[Added 6-2-14 by Ord. No. 2014-10]
§ 55-34.6 Other Development Standards.
[Added 5-7-12 by Ord. No. 2012-05]
A.
Parking.
(1)
Parking calculations shall be in accordance with the minimum parking standards contained within Section 55-173, Minimum Parking Requirements. If Section 55-173 does not contain a minimum parking requirement for a proposed use, the minimum parking requirement shall be in accordance with the latest edition of the Trip Generation Report from the Institute of Transportation Engineers.
B.
Connectivity.
(1)
A proposed development shall provide multiple direct connections in its local street system to and between local destinations, such as parks, schools, and shopping, without requiring the use of arterial streets.
(2)
Each development shall incorporate and continue all collector or local streets stubbed to the boundary of the development plan by previously approved but unbuilt development or existing development.
(3)
No dead-end streets shall be permitted except in cases where such streets are designed to connect with future streets on abutting land, in which case a temporary turnaround easement at the end of the street with a diameter of at least one hundred (100) feet must be dedicated and constructed.
(5)
To ensure future street connections where a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to all abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with temporary turn-around or culs-de-sac and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
(6)
Streets within and contiguous to the subdivision shall be coordinated and aligned with other existing or planned streets within the general area with respect to location, widths, grades and drainage.
(7)
Street connections shall be spaced at intervals not to exceed six hundred sixty (660) feet (1/8 mile) along each boundary that abuts potentially developable or redevelopable land. Blocks longer than four hundred (400) feet in length shall have a mid-block pedestrian pathway connecting adjacent blocks.
(8)
Gated street entryways into residential developments shall be prohibited.
(9)
Pedestrian connections.
(a)
Pedestrian connections shall be provided to abutting open space, Town Center commercial sites and streets.
(b)
Walkways shall provide pedestrian access through parking lots from street sidewalks to building entries. Walkways shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and shall not be located and aligned solely based on the outline of a parking lot configuration unless such a configuration allows for direct pedestrian access.
(c)
Such walkways shall have a paved surface not less than [five] feet in width and shall be grade separated from the parking lot or otherwise delineated with pavement markings, planters, or alternate paving material.
(d)
Where the primary pedestrian access to the site crosses drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. The material and layout shall be continuous as the pedestrian access crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian access way.
(e)
The entirety of the on-site pedestrian walkway system shall be marked and defined using pavement treatments, signs, striping, lighting, median refuge areas, and landscaping, as appropriate.
C.
E.
Alleys.
(1)
An alley shall not be considered a street for the purposes of measuring required front yard setbacks unless the alley provides the only means of access to the lot.
(2)
Alleys are permitted in the Town Center Zones in accordance with the following standards:
(a)
Alleys shall be a minimum of eleven (11) feet in width provided that adequate access for emergency services is provided at the front and rear of the structure. In cases where adequate emergency services access is not provided at the front and rear of the structure, the alleyway shall be a minimum of twenty-four (24) feet in width and fully paved in accordance with applicable regulations to support the weight of emergency services vehicles and equipment.
(b)
Alleys are not permitted to dead end or terminate in a cul-de-sac.
(c)
Any permitted traffic flow shall be one-way.
(d)
No parking shall be permitted within the alleyway.
(e)
Where two (2) alleys intersect each other at or near ninety (90) degrees or where there are bends in an alley that approach ninety (90) degrees, the inside corner of the pavement shall have a radius of approximately twelve (12) feet.
(f)
Doors that open into the alley must be clearly marked and have a railing of a minimum of three (3) feet in height that envelopes the path of the door movement in order to prevent potential conflict with pedestrian movements.
(g)
Where vehicular access is permitted within alleyways the speed limit shall be ten (10) miles per hour or less.
(h)
Drainage shall be designed as inverted center line with inlets prior to roadway intersections.
(i)
Sidewalks must cross alleys at grade.
(j)
Lighting should be provided at all corners and at 50-foot intervals.
(k)
Pavement, pavers, crushed stone or other stabilized turf is required.
§ 55-34.7 TC-CPHD Uses: Permitted, Conditional, Temporary, Accessory and Prohibited.
[Added 5-7-12 by Ord. No. 2012-05]
The following regulations apply in the TC-CPHD Zone.
A.
Permitted Uses. As noted in Table 1, included at the end of this section.
B.
Accessory and Temporary Uses. As noted in Table 1, in accordance with the provisions of this chapter and as noted herein.
(1)
Accessory apartments are permitted on floors above commercial uses. The total square footage of accessory apartment units shall not exceed the total square footage of nonresidential space within a mixed-use building. Units shall be deed restricted for very low-, low- and moderate-income households in accordance with affordability requirements for accessory apartments.
[Amended 5-24-2018 by Ord. No. 2018-16]
(2)
Outdoor dining areas on restaurant sites as per the following criteria.
(a)
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the Township of Barnegat, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this ordinance.
(b)
No license shall be issued hereunder unless the licensee shall demonstrate that a minimum of six (6) feet from the curb edge will be available for pedestrian traffic around such outdoor cafe and that such outdoor cafe be directly in front of an eating establishment as hereinabove defined. No food or drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the eating establishment. The phrase "directly in front of," shall confine the cafe to the area represented by an extension of each side of the store occupied by the eating establishment projected directly to the curbline immediately in front thereof.
(c)
Application for the license required hereunder shall be made to the Construction Code Official and shall be signed by the applicant. The application shall contain the following information:
[1]
The name, residence address and telephone number of each individual, owner, partner or if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten percent (10%) or greater interest in the corporation and the chief operating executive of the corporation and if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.
[2]
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this ordinance.
[3]
The address and description of each place where the applicant intends to establish or operate an outdoor cafe.
[4]
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
[5]
Three (3) sets of a proposed layout plan containing scaled drawings prepared by a licensed professional architect or engineer clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor cafe. All tables and chairs must be constructed of material of sufficient weight so as to not be affected by high winds. The perimeter of the outdoor cafe shall be defined and set off by a portable type enclosure which may include live potted plantings on Township property. The enclosure shall define the perimeter of the area to be used as an outdoor cafe and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows nor air-conditioning or heating equipment and shall be open at all times to the air and the barrier shall not have a height of more than three (3) feet. Awnings or outdoor umbrellas extending over the enclosure are permitted providing the lowest portion of the awning or umbrella is not less than seven (7) feet above the adjacent sidewalk and does not extend more than one (1) foot beyond the enclosure.
[6]
The scaled drawings shall also illustrate the following:
[a]
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
[b]
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around each outdoor cafe.
[c]
The location of the place where any food or drink is intended to be prepared.
[d]
The enclosure or protective barrier separating the eating and serving area of each outdoor cafe from pedestrian traffic which shall be indicated by a plan, elevation and section.
[e]
The location of all bus stops, fire hydrants, utility poles, benches, handicap ramps, street furniture, trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within ten (10) feet thereof on either or any side.
[f]
The type and location of any proposed outdoor lighting and fixtures should include the following information: mounting height, lamp type and lumens. Any open flame type fixture shall only be permitted with the approval of the Fire Official.
[g]
An application fee as set forth within the Code of the Township of Barnegat.
[7]
The Construction Code Official will review the application for completeness and compliance with the terms of this ordinance. If the application is complete, the Construction Code Official will act upon the same within ten (10) business days after the application becomes complete. If the application is not complete, the Construction Code Official will so notify the applicant within ten (10) business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this ordinance.
[8]
If the application complies with the ordinance, the Construction Code Official shall issue a license strictly subject to the terms and conditions of this ordinance.
[9]
The license is personal to the applicant and any change or transfer of ownership of the outdoor cafe shall terminate the license and shall require new application and a new license in conformance with all of the requirements of this ordinance.
[10]
Acceptance of the license by the applicant shall operate as a consent to the Health, Fire, Police and Building Officials of the Township to inspect the outdoor dining area for continued compliance with the terms and conditions of this ordinance and any Federal, State, County or local law, ordinance or regulation affecting the same.
[11]
No license required by this ordinance shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Township of Barnegat, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses including attorneys, fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the license is issued.
[12]
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Township Clerk for failure of any licensee to comply with this ordinance or for violation of any other applicable Federal, State, County or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder, nor any interest in the continuation of said license.
[13]
It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable license.
[14]
Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.
[15]
No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.
[16]
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with the Sign Ordinance of the Code of the Township of Barnegat. Outdoor umbrellas located in the outdoor dining areas shall be exempt from the Sign Ordinance. There shall be no "logos" or advertising upon any umbrellas without prior approval of the Barnegat Township Planning Board. (See Section 55-181 for sign regulations.)
[17]
In addition to the powers of suspension or revocation as set forth above, the Township reserves the right to modify, suspend or revoke any license on ten (10) days written notice if the Township determines that the pedestrian operation of the outdoor cafe or because of any other safety issue within the Township because of such operation. The license may also be suspended or revoked on ten (10) days written notice, in the event the Township determines that it is necessary to utilize the area of any part hereof for the maintenance or installation of underground utilities. In the event of an emergency, which emergency is certified by the Township Clerk, the license may be suspended or revoked without notice.
[18]
Outdoor dining shall be permitted to operate from April 1 to October 31 in any calendar year. The license, when issued, shall be valid for one (1) year. If there is no change in use, a renewal license may be issued by the Construction Code Official upon submission of a renewal application. The applicant shall certify on the application no change in the scope or use from the previously issued license.
[19]
No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property for the Township of Barnegat within or near the licensed area.
[20]
All equipment used in connection with the operation of an outdoor cafe shall be of sufficient size and weight to avoid being blown about by the wind. No food items shall be served upon any lightweight materials such as paper or styrofoam or be accompanied by plastic utensils.
[21]
All equipment, tables, chairs, umbrellas, etc., pertaining to the outdoor seating area shall be removed at the end of each and every evening and secured within the confines of the building. No equipment, tables, chairs or any other material of any kind shall be permitted to remain outdoors during hours in which the business is not open to the public and operating.
[22]
The licensee agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, that the licensee will at his own cost and expense vacate the sidewalk space and/or the private property and promptly remove any property placed thereon. Failure to do so on five (5) days written notice shall grant to the Township the right to remove any property on the sidewalk the licensee agrees to reimburse the Township for the cost of removing and storing the same.
[23]
The licensee shall not direct or permit to be directed to or from the area occupied by the outdoor dining area any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.
[24]
No outdoor dining area shall open for business prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.
[25]
Table service is required.
(3)
Automated teller machines (ATM's) inside a fully enclosed principal building.
(4)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active.
(5)
Signs.
(6)
Off-street parking.
(7)
Accessory sheds up to one hundred eighty (180) square feet.
C.
Conditional Uses. The following uses shall be permitted in the TC-CPHD Zone, subject to the issuance of a conditional use permit in accordance with the provisions of this chapter.
(1)
Public utility uses, such as water towers, electric substations, solar and renewable energy infrastructure, radio towers and transmission lines.
(a)
Applicant must demonstrate that the proposed project does not impair the intent and purpose of the ordinance.
(b)
Applicant must demonstrate that the proposed project does not adversely impact the aesthetics or character of the area in which it is proposed and that the proposed project is compatible with surrounding land uses, especially in terms of any potential off-site impacts such as noise generated by the proposed project.
(c)
Applicant must demonstrate that the proposed project is in accordance with applicable regulations with regard to the safe operation of the facility.
(d)
Submission of site plan is required when appropriate.
(2)
Public schools and education facilities.
(a)
Applicant shall submit site plans in accordance with submission procedures to the Planning Board for a courtesy review.
(3)
Places of worship, including parish and educational buildings.
(a)
The minimum lot area shall be ten thousand (10,000) square feet.
(b)
The minimum frontage shall be one hundred (100) feet.
(c)
The maximum lot coverage shall be fifty percent (50%).
(d)
Steeple height shall be limited to the maximum building height permitted in the zone for a single-family residence plus fifteen (15) feet.
(e)
Notwithstanding the parking standards set within Section 55-173, off-street parking for churches within the Town Center shall be provided at the ratio of one (1) off-street parking space for each five (5) occupants which can occupy the structure during any one (1) time period. The cumulative parking demand of all activity areas within the proposed facility or structure shall be met by on-site, off-street parking areas.
(f)
Driveways shall cross the sidewalk at right angles and shall be no more than twenty-four (24) feet wide at any point. Driveways must be at least ten (10) feet from any side lot line and fifty (50) feet from the intersection of the street lines. No more than two (2) driveways shall be permitted for each one hundred (100) feet of street frontage.
(g)
A minimum buffer of fifty (50) feet from residential zones or uses shall be provided from all improvements, including structures and parking facilities.
(4)
Commercial indoor recreation uses.
(a)
Parking to be provided to the side or rear of the property.
(b)
Floor area for a theater use should not exceed twenty thousand (20,000) square feet, while other uses should not exceed ten thousand (10,000) square feet.
(c)
Game rooms, parlors and drive-in theaters are not permitted.
(d)
Drive-through lanes are not permitted.
(e)
Indoor sports arenas, auditoriums, exhibition halls and heavily auto dependent uses such as multiplex theaters are not permitted.
(f)
All activities must be contained within the principal building.
(5)
Stand-alone or inline convenience store.
[Amended 2-6-2024 by Ord. No. 2024-1]
(a)
The minimum floor area allowed is one thousand two hundred fifty (1,250) square feet while the maximum floor area allowed is three thousand (3,000) square feet.
(b)
There shall be a minimum distance of two thousand five hundred (2,500) feet between two (2) convenience stores.
(c)
The convenience store shall not include services such as gasoline dispensing or cash checking.
(d)
There shall be no manufacturing. Additionally, there shall be no processing or assembling except that which is incidental and essential to the food enterprise, such as the assembling of sandwiches, and only when the processed or assembled merchandise is sold at retail on the premises.
(6)
Fast food restaurants.
(a)
The use shall be conducted within a totally enclosed, permanent building, excepting that tables and seating may be provided outdoors but shall be in addition to any required indoor seating.
(b)
No drive-through lanes are permitted for fast food restaurants located within the TC-CPHD Zone District, except on pad sites within shopping centers in existence at the time of passage of this ordinance.
(c)
The minimum lot size shall be ten thousand (10,000) square feet, the minimum lot frontage and width shall be one hundred (100) feet and the minimum lot depth shall be one hundred (100) feet.
(d)
The minimum front yard setback shall be twenty (20) feet, the minimum side yard on one (1) side shall be ten (10) feet. The minimum rear yard setback shall be forty (40) feet.
(e)
Along any common property line with a residential use or residential zoning district, appropriate buffers shall be provided as required in this chapter, and the area shall be bermed if necessary, to provide sufficient screening.
(f)
No parking shall be located along the front yard of the building.
(g)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.
(h)
All fast food restaurants shall provide separate public restroom facilities easily accessible from the interior of the building for customer use.
(i)
All other area, yard and general requirements of the Zoning Ordinance, engineering and design standards, site plan regulations, procedural requirements and other applicable requirements of this chapter must be met.
(j)
Parking as per the standards set forth for development within the Town Center should be provided.
(k)
The applicant shall demonstrate how the design of the proposed project will and/or mitigate adverse on-site and off-site impacts from odors, noise, and light generated by the proposed project. In particular, the applicant shall demonstrate effective measures to minimize odors produced by activities on the site.
(l)
No fast food restaurant uses are permitted within three (300) hundred feet of a residential use or zone.
(7)
Contractor storage uses are allowed as a conditional use provided the following standards are satisfied:
(a)
Outside storage is explicitly prohibited. All storage shall be contained within an enclosed building.
(b)
No flammable materials, hazardous chemicals or explosives shall be permitted to be stored on site.
(c)
The servicing, repair or fabrication of motor vehicles, trailers, equipment or appliances shall be prohibited.
(d)
No tractor trailer or other similar sized large commercial vehicles are permitted on site at any time. Box trucks and similar vehicles up to a total length of twenty-six (26) feet including the load, bumpers and any other feature attached to the vehicle are permitted to access the site provided that the applicant can demonstrate that sufficient loading and unloading area will exist and that the vehicle can safely navigate the site during the peak hour when the facility is operating at full capacity.
(e)
Landscape buffer areas shall be provided in accordance with the following requirements:
[1]
The minimum landscape buffer area provided along side and rear yards shall be fifteen (15) feet in width and twenty-five (25) feet if abutting a residential zone or use.
[2]
The minimum landscape buffer area provided along the street line shall be five (5) feet in width and shall consist of plant material that is maintained at a height no greater than three (3) feet.
[3]
One (1) loading space per twenty thousand (20,000) square feet of indoor storage area is required unless it can be demonstrated that no loading spaces would be needed for the contractor storage use to operate at full capacity.
(8)
Assisted living facilities, nursing and convalescent homes and long term care facilities in accordance with the minimum bulk standards of the zone and the following standards:
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access to and from a County road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum area, yard and building requirements.
[3]
Accessory building requirements. Accessory building requirements shall be the same as those established for the overall zone.
[4]
Maximum building coverage shall be thirty (30%) percent.
[5]
Maximum principal building height: three (3) usable floors (stories) and fifty (50) feet in height.
[6]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(e)
Support services, functions and facilities within a facility or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
[11]
Medical day care/social day care (adult day care services).
[12]
Personal care centers (barbers, hair salon and personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors of the assisted care facility shall be provided based on a total of the following:
[1]
One (1) space per State licensed assisted living dwelling unit. Provided however, that the applicant shall be allowed to provide, at the time of initial construction, one (1) parking space for every three (3) dwelling units, but reserve an adequate area for future construction of the additional required parking spaces should the actual operating experience demonstrate that the amount of parking initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor parking.
[4]
Where fractional spaces result in the calculation of the requirements, the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all applicable standards of Federal, State and County regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in this paragraph are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare:
(9)
A fuel and convenience store subject to the following standards:
[Added 2-6-2024 by Ord. No. 2024-1]
(a)
Minimum requirements shall be as follows:
[1]
[2]
Site design requirements.
[a]
Building setbacks shall not apply to underground storage tanks.
[b]
Detention basins and storm water management features as well as retaining walls shall be permitted in front yard areas.
[c]
At least one point of access shall be provided directly from a State Highway.
[d]
At minimum two points of ingress/egress shall be provided.
[e]
No part of any automobile filling station may be used for residential or sleeping purposes.
[f]
No junked motor vehicle or boat or part thereof or any unlicensed or unregistered motor vehicle shall be permitted on the premises of any fuel and convenience store.
[g]
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale purposes shall not be permitted as part of a fuel and convenience store.
[h]
No parking of vehicles shall be permitted on an unpaved area.
[i]
Lawn area shall be provided at five feet from the right of way or property line except ingress/egress drives.
[j]
Oversized vehicle parking shall be permitted.
[3]
Signage requirements.
[a]
A maximum of one free-standing site identification sign per street frontage shall be permitted, subject to the following standards:
[I]
The maximum height from ground level to the uppermost portion of the sign, including any posts, brackets and other supporting elements shall not exceed 18 feet.
[II]
The maximum width of the sign, including any posts, brackets and other supporting elements, shall not exceed 10 feet.
[III]
The maximum area of the primary sign panel shall not exceed 24 square feet, within which the maximum height of individual letters, numbers or other characters, images or logos shall not exceed four feet, internally-illuminated channel letters or back-lit letters shall be permitted.
[IV]
The maximum area of electronic message board for price display only shall not exceed 36 square feet, within which the maximum height of individual letters, numbers or other characters, images or logos shall not exceed three feet.
[V]
The maximum area of secondary sign panels shall not exceed eight square feet for a total not to exceed 32 square feet, within which the maximum height of individual letters, numbers or other characters, images or logos shall not exceed one foot.
[VI]
No portion of such sign shall be located within 10 feet of any parcel line or within any clear sight triangle.
[VII]
No portion of such sign shall project or extend over sidewalks, walkways, driveway or parking areas.
[VIII]
The free-standing monument identification sign may identify or advertise any of the uses contained with the fuel and convenience store definition.
[IX]
The base of the free-standing monument identification sign shall be provided with an enhanced landscape buffer. Such buffer shall contain ground-level landscaping and shrubs and may include bio-retention swales or other green infrastructure elements, to the extent practical.
[X]
Where signage is to be relocated from an existing business immediately contiguous to the fuel and convenience store said relocated business shall be entitled to an additional 18 square foot panel on each free standing identification sign.
[b]
A maximum of three directional signs shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed seven square feet.
[II]
The maximum height from ground level to uppermost portion of the sign, including any posts, brackets and other supporting elements shall not exceed three feet.
[III]
The maximum height of the sign shall not exceed four feet.
[IV]
The maximum width of the sign shall not exceed three feet.
[V]
The maximum height of individual letters, numbers of other characters, images or logos shall not exceed 12 inches.
[VI]
No portion of such sign shall be located within 10 feet of any parcel line or within any clear sight triangle.
[VII]
No portion of such sign shall project or extend over sidewalks, walkways, driveways or parking areas.
[VIII]
The base of the directional signs shall be provided with an enhanced landscape buffer. Such buffer shall contain ground-level landscaping.
[c]
A maximum of two wall-mounted building signs shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed 70 square feet for a total not to exceed 105 square feet.
[II]
The maximum height of the sign shall not exceed six feet.
[III]
The maximum width of the sign shall not exceed 16 feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed four feet.
[V]
No portion of such sign shall extend above or beyond the limits of the wall to which it is affixed.
[d]
A maximum of two canopy-mounted signs shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed 12 square feet.
[II]
The maximum height of the sign shall not exceed two feet.
[III]
The maximum width of the sign shall not exceed eight feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed 18 inches.
[V]
No portion of such sign shall extend above or beyond the limits of the side of the canopy to which it is affixed.
[e]
A maximum of two canopy spanner signs over the fuel dispensers shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed 40 square feet.
[II]
The maximum height of the sign shall not exceed two feet.
[III]
The maximum width of the sign shall not exceed 20 feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed 18 inches.
[V]
Spanner signs shall be non-illuminated.
[f]
A maximum of two air pump sign shall be permitted, subject to the following standards:
[I]
The maximum size of the sign shall not exceed two square feet.
[II]
The maximum height of the sign shall not exceed two feet.
[III]
The maximum width of the sign shall not exceed three feet.
[IV]
The maximum height of individual letters, numbers or other characters, images or logos shall not exceed six inches.
§ 55-34.8 TC-CN Uses: Permitted, Conditional, Temporary, Accessory and Prohibited.
[Added 5-7-12 by Ord. No. 2012-05]
The following regulations apply in the TC-CN Zone.
A.
Permitted Uses. As noted in Table 2, as included at the end of this section.
B.
Accessory and temporary uses. As noted in Table 2, in accordance with the provisions of this section and as noted herein.
(1)
Accessory apartments are permitted above commercial uses. The total square footage of accessory apartment units shall not exceed the total square footage of nonresidential space within a mixed-use building.
(2)
Outdoor dining areas on restaurant sites.
(3)
Automated teller machines (ATMs) inside a fully enclosed principal building.
(4)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active.
(5)
Signs.
(6)
Off-street parking.
(7)
Accessory sheds up to one hundred eighty (180) square feet.
C.
Conditional uses. The following uses shall be permitted in the TC-CN Zone, subject to the issuance of a conditional use permit in accordance with the provisions of this chapter.
(1)
Public utility uses, such as water towers, electric substations, solar and renewable energy infrastructure, radio towers and transmission lines in accordance with the conditional use criteria set forth with subsection 55-34.7C(1) for the TC-CPHD Zone.
(2)
Public schools and education facilities in accordance with the conditional use criteria set forth with subsection 55-34.7C(2) for the TC-CPHD Zone.
(3)
Places of worship, including parish and educational buildings in accordance with the conditional use criteria set forth with subsection 55-34.7C(3) for the TC-CPHD Zone.
(4)
Commercial indoor recreation uses in accordance with the conditional use criteria set forth with subsection 55-34.7C(4) for the TC-CPHD Zone.
(5)
Assisted living facilities, nursing and convalescent homes and long term care facilities in accordance with the conditional use criteria set forth with subsection 55-34.7C(5) for the TC-CPHD Zone.
(6)
Fast food restaurants.
(a)
The applicant must demonstrate compliance with the criteria for fast-food restaurant uses set forth within Ordinance subsection 55-34.7C(6) for the TC-CPHD Zone.
(b)
No drive-through lanes are permitted for fast food restaurants located within the TC-CN Zone District, except on pad sites within shopping centers in existence at the time of passage of this ordinance.
(7)
Drive-through facilities for banks and pharmacy uses are conditionally permitted subject to compliance with the following criteria:
(a)
There shall be not more than one (1) drive-through lane for pharmacy uses and not more than two (2) drive-through lanes may be provided for banks and other financial institutions.
(b)
Internal pedestrian sidewalks and clearly delineated pedestrian routes shall be demarcated on improved portions of the site in order to provide safe routes from sidewalks and parking areas to the building entrances for pedestrians.
(c)
Curb cut and drive aisle widths shall be minimized to encourage pedestrian friendly environment.
(d)
Drive-through lanes for banks and pharmacy uses shall be permitted on pad sites within shopping centers existing at the time of passage of this ordinance.
§ 55-34.9 TC-CV Uses: Permitted, Conditional, Temporary, Accessory and Prohibited.
[Added 5-7-12 by Ord. No. 2012-05]
The following regulations apply in the TC-CV Zone.
A.
Permitted Uses. As noted in Table 3, as included at the end of this section.
B.
Accessory and Temporary Uses. As noted in Table 3, in accordance with the provisions of this section and as noted herein.
(1)
Accessory apartments are permitted on floors above commercial uses. The total square footage of accessory apartment units shall not exceed the total square footage of nonresidential space within a mixed-use building. Units shall be deed restricted for very low-, low- and moderate-income households in accordance with affordability requirements for accessory apartments.
[Amended 5-24-2018 by Ord. No. 2018-16]
(2)
Outdoor dining areas on restaurant sites.
(3)
Automated teller machines (ATMs) inside a fully enclosed principal building.
(4)
Accessory sheds up to one hundred eighty (180) square feet.
(5)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active.
(6)
Temporary tents, banners, outdoor displays, or other temporary uses such as but not limited to grand opening events, promotions, sidewalk sales, fundraisers, festivals, etc., may be permitted by the issuance of a temporary event permit in the discretion of the Zoning Officer. No more than four (4) temporary event permits per site shall be issued in one (1) calendar year.
(7)
Signs.
(8)
Off-street parking.
(9)
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than four (4) feet in height.
(10)
A private residential tennis court on a lot not less than one (1) acre.
C.
Conditional Uses. The following uses shall be permitted in the TC-CV Zone, subject to the issuance of a conditional use permit in accordance with the provisions of this chapter.
(1)
Animal care centers may be permitted in the zone, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the particular zone and the following standards:
(a)
One (1) parking space shall be provided for each four hundred (400) square feet of gross floor area.
(b)
Walking paths, open air pavilions, and related accessory structures may be located in yards and landscaped open spaces provided that the placement of the structure and a detail of the structure is approved pursuant to site plan approval. Walking paths shall be set back a minimum of ten (10) feet from any property line, except where constructed as sidewalk to the street. Pavilions shall not be placed in the required front yard and shall be set back a minimum of ten (10) feet from any side or rear property line.
(c)
All kennels shall be located within an enclosed building.
(d)
A temporary holding area for animals adjoining the principal building is permitted provided that such area is to be used only while an animal storage area within the principal building is being cleaned or prepared, and further provided that the duration of stay by a single animal within the temporary holding area is brief. In no event shall the temporary holding area be used overnight.
(e)
A consolidated caretaker's residence is permitted as an accessory use to the animal care center and may be located in a freestanding building. Such building shall adhere to the yard requirements applicable to the principal building.
(2)
Public utility uses, such as water towers, electric substations, solar and renewable energy infrastructure, radio towers and transmission lines in accordance with the conditional use criteria set forth with subsection 55-34.7C(1) for the TC-CPHD Zone.
(3)
Public schools and education facilities in accordance with the conditional use criteria set forth with subsection 55-34.7C(2) for the TC-CPHD Zone.
(4)
Places of worship, including parish and educational buildings in accordance with the conditional use criteria set forth with subsection 55-34.7C(3) for the TC-CPHD Zone.
(5)
Medical and dental offices.
(a)
The minimum lot area shall be five thousand (5,000) square feet.
(b)
Off-street parking space shall be provided in side and rear yards only.
(d)
All off-street parking provided within twenty (20) feet of any property line shall be protected from adverse impact upon adjacent residential properties through a visual screen of plantings not less than four (4) feet on center, six (6) feet high at planting, with buffer areas designed in conformance with applicable sections of Chapter 55 of the ordinance.
§ 55-34.10 Prohibited Uses.
[Added 5-7-12 by Ord. No. 2012-05]
Unless expressly permitted, all other uses are deemed to be prohibited. In addition, the following uses are specifically prohibited within the TC-CPHD, TC-CN, and TC-CV Zones, as these uses are not compatible with the intent of this ordinance or the traditional character of the Township.
A.
Pawn shops.
B.
Adult book stores.
C.
Motor vehicle sales.
D.
Lumber yards.
E.
Mobile food service, except during public events such as concerts, fairs, festivals, grand openings and similar uses upon issuance of a temporary permit.
F.
Storage trailers or tractor trailer storage.
G.
Auto body shops.
H.
Automotive repair garages.
I.
Car washes.
J.
Unless expressly permitted herein, drive-through facilities are not permitted within the TC-CPHD, TC-CN and TC-CV Zone Districts.
Table 1: TC-CPHD Zone Uses (Subsection 55-34.7) [Amended 10-6-2020 by Ord. No. 2020-12; 2-6-2024 by Ord. No. 2024-1] | |||
|---|---|---|---|
Use | Permitted | Conditional | Accessory |
Retail sales | x | ||
Personal services | x | ||
Business and professional offices | x | ||
Funeral homes | x | ||
Restaurants and take out restaurants | x | ||
Fast food restaurants | x | ||
Animal hospitals | x | ||
Light industry | x | ||
Municipal offices and fire and rescue stations | x | ||
Public schools and education facilities | x | ||
Day care center (child or adult) | x | ||
Libraries and museums | x | ||
Hospitals, convalescent homes, nursing homes | x | ||
Ambulatory health care facility | x | ||
Medical or dental office | x | ||
Places of worship, including parish and educational buildings | x | ||
Nonprofit civic, social and fraternal organizations | x | ||
Commercial indoor and outdoor recreational facilities | x | ||
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare. | x | ||
Detached single-family dwellings for residential purposes together with their accessory uses that were in existence as of the date of the adoption of this ordinance. Such single-family dwellings shall be subject to the bulk standards of the R-10 Zone for any additions, accessory structures, alterations or restoration in the event of partial or total destruction. | x | ||
Flex office | x | ||
Distribution centers-including warehouse outlets | x | ||
Garden center | x | ||
Bed and breakfast inns, boutique hotels, and tourist homes | x | ||
Wellness and lifestyle centers | x | ||
Banks and other financial institutions, excluding check cashing businesses | x | ||
Studios | x | ||
Medical testing facility | x | ||
Restaurant-Microbrewery | x | ||
Retail Wine Sales, Small-Scale Wine Production and Wine Tasting | x | ||
Stand-alone or inline convenience store | x | ||
Fuel and convenience store | x | ||
Bakery | x | ||
Accessory apartment | x | ||
Outdoor dining areas on restaurant sites | x | ||
Automated teller machines (ATMs) inside a fully enclosed principal building | x | ||
Contractor storage | x | ||
Assisted living facilities | x | ||
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground. | x | ||
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active. | x | ||
Signs | x | ||
Off-street parking | x | ||
Accessory sheds up to one hundred eighty (180) square feet | x | ||
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than four (4) feet in height. | x | ||
A private residential tennis court on a lot not less than one (1) acre. | x | ||
Limited brewery | x | ||
Table 2 TC-CN Zone Uses (Subsection 55-34.8) [Amended 10-6-2020 by Ord. No. 2020-12] | |||
|---|---|---|---|
Use | Permitted | Conditional | Accessory |
Retail sales | x | ||
Personal services | x | ||
Business and professional offices | x | ||
Funeral homes | x | ||
Restaurants and take out restaurants | x | ||
Fast food restaurants | x | ||
Animal hospitals | x | ||
Light industry | x | ||
Municipal offices and fire and rescue stations | x | ||
Public schools and education facilities | x | ||
Day care center | x | ||
Libraries and museums | x | ||
Hospitals, convalescent homes, nursing homes | x | ||
Ambulatory health care facility | x | ||
Medical or dental office | x | ||
Places of worship, including parish and educational buildings | x | ||
Nonprofit civic, social and fraternal organizations | x | ||
Indoor and outdoor recreational facilities | x | ||
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare. | x | ||
Detached single-family dwellings for residential purposes together with their accessory uses that were in existence as of the date of the adoption of this ordinance. Such single-family dwellings shall be subject to the bulk standards of the R-10 Zone for any additions, accessory structures, alterations or restoration in the event of partial or total destruction. | x | ||
Flex office | x | ||
Garden center | x | ||
Bed and breakfast inns, boutique hotels, and tourist homes | x | ||
Wellness and lifestyle centers | x | ||
Banks and other financial institutions, excluding check cashing businesses | x | ||
Studios | x | ||
Medical testing facility | x | ||
Restaurant-Microbrewery | x | ||
Retail Wine Sales, Small-Scale Wine Production and Wine Testing | x | ||
Convenience stores | x | ||
Bakery | x | ||
Accessory apartment | x | ||
Outdoor dining areas on restaurant sites | x | ||
Automated teller machines (ATMs) inside a fully enclosed principal building | x | ||
Assisted living facilities | x | ||
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground. | x | ||
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active | x | ||
Signs | x | ||
Off-street parking | x | ||
Accessory sheds up to 180 SF | x | ||
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than four (4) feet in height. | x | ||
A private residential tennis court on a lot not less than one (1) acre. | x | ||
Limited brewery | x | ||
Table 3 TC-CV Zone Uses (Subsection 55-34.9) [Amended 10-6-2020 by Ord. No. 2020-12] | |||
|---|---|---|---|
Use | Permitted | Conditional | Accessory |
Retail sales | x | ||
Personal services | x | ||
Business and professional offices | x | ||
Restaurants and take out restaurants | x | ||
Animal hospitals | x | ||
Municipal offices and fire and rescue stations | x | ||
Public schools and education facilities | x | ||
Day care center (child and adult) | x | ||
Libraries and museums | x | ||
Hospitals, convalescent homes, nursing homes | x | ||
Ambulatory health care facility | x | ||
Medical or dental office | x | ||
Places of worship, including parish and educational buildings | x | ||
Nonprofit civic, social and fraternal organizations | x | ||
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare. | x | ||
Detached single-family dwellings for residential purposes together with their accessory uses that were in existence as of the date of the adoption of this ordinance. Such single-family dwellings shall be subject to the bulk standards of the R-10 Zone for any additions, accessory structures, alterations or restoration in the event of partial or total destruction. | x | ||
Garden center | x | ||
Bed and breakfast inns, boutique hotels, and tourist homes | x | ||
Wellness and lifestyle centers | x | ||
Banks and other financial institutions, excluding check cashing businesses | x | ||
Studios | x | ||
Medical testing facility | x | ||
Restaurant - Microbrewery | x | ||
Retail Wine Sales, Small-Scale Wine Production and Wine Tasting | x | ||
Convenience stores | x | ||
Bakery | x | ||
Accessory apartment | x | ||
Outdoor dining areas on restaurant sites | x | ||
Automated teller machines (ATMs) inside a fully enclosed principal building | x | ||
Assisted living facilities | x | ||
Accessory sheds up to one hundred eighty (180) square feet | x | ||
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active. | x | ||
Temporary tents, banners, outdoor displays, or other temporary uses such as but not limited to grand opening events, promotions, sidewalk sales, fundraisers, festivals, etc., may be permitted by the issuance of a temporary event permit in the discretion of the Zoning Officer. No more than four (4) temporary event permits per site shall be issued in one (1) calendar year. | x | ||
Signs | x | ||
Off-street parking | x | ||
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than four (4) feet in height. | x | ||
A private residential tennis court on a lot not less than one (1) acre. | x | ||
Limited brewery | x | ||
§ 55-35 CC-CPHD COMMERCIAL CORE PLANNED HIGHWAY DEVELOPMENT OVERLAY ZONE.
[Added 5-7-12 by Ord. No. 2012-06]
§ 55-35.1 Intent.
[Added 5-7-12 by Ord. No. 2012-06]
A.
To create a new Commercial Core Planned Highway Development Commercial (CC-PHD) Overlay Zone along the Route 9 corridor beginning approximately at the intersection of Route 9 and Old Main Shore Road and extending to the south to the municipal boundary with Stafford Township as designated herein and as shown on the Barnegat Township Zoning Map.
[Amended 8-19-13 by Ord. No. 2013-09]
B.
To promote compact mixed-use development in the CC-CPHD Zone predominately comprised of commercial uses to provide goods and services to Township residents and visitors, and a lesser amount of residential dwellings above the first floor commercial uses.
C.
To encourage development and redevelopment to locate within the CC-CPHD Zone rather than within less developed, more environmentally sensitive land areas of the Township.
D.
To provide standards for development within the new CC-CPHD Zone.
E.
This ordinance has been prepared in accordance with the December 7, 2011 Initial Plan Endorsement that Barnegat Township received from the State Planning Commission and the 2011 Barnegat Township Master Plan.
§ 55-35.2 Purpose.
[Added 5-7-12 by Ord. No. 2012-06]
A.
To promote a desirable mixed-use type of development consisting of predominantly commercial, office and civic land uses and a small amount of residential dwellings above the first floor commercial uses within a vibrant, pedestrian-friendly Commercial Core environment with an emphasis on uses that serve local and community needs. Encourage pedestrian flow throughout the area by generally permitting mixed-use buildings, shared parking, and cross accesses.
B.
To encourage an interconnected street system in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, to connect neighborhoods, to promote walking and biking, to reduce miles of travel that result in lower air emissions and wear on the roadway, and to provide continuous and comprehensible traffic routes.
C.
Ensure design compatibility with existing development that considers building height, materials, colors, landscaping and signage, connectivity, shared off-street parking and stormwater detention facilities, provides off-street parking to the side and rear of the building that is well screened from public view; controlling means of vehicular access and coordinating internal pedestrian and vehicular traffic flows related to existing and proposed development patterns. All development shall reflect the following design principles:
(1)
Provide a layout of buildings, open spaces and parking lot edges that encourage sidewalk and pathway interconnections.
(2)
Promote cross access and shared access to reduce the number of driveways along Route 9.
(3)
Provide for focal points such as small parks or squares and other open spaces, as appropriate, such that a sense of place is created or strengthened.
(4)
Promote the transition of land development into the CC-CPHD Zone that exhibits the design features of a traditional mixed-use neighborhood promoting pedestrian circulation, social gathering and interaction amongst commercial establishments supporting and servicing the residents of the community.
(5)
Create a district that enhances a feeling of security and incorporates design elements that maximize the number of "eyes on the street."
(6)
Encourage mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space.
(7)
Promote the design and arrangement of buildings in a manner that advances "green building" and sustainability principles and practices.
(8)
Promote the creation of a district with architectural facade design and building scale typical for a mixed-use neighborhood that is compatible with Barnegat Township's historic character.
(9)
Promote uses that will generate economic development opportunities for the Township of Barnegat and ensure long-term economic vibrancy of the Commercial Core area of the Township.
§ 55-35.3 Definitions.
[Added 5-7-12 by Ord. No. 2012-06]
Definitions for the CC-CPHD Zone District are set forth within Section 55-305 of Barnegat Township Ordinance.
§ 55-35.4 Applicability.
[Added 5-7-12 by Ord. No. 2012-06]
This ordinance shall apply to development, redevelopment, or additions or alterations to existing commercial sites within the CC-CPHD Zone. The bulk standards applicable to residential uses in existence as of the adoption date of this ordinance shall remain unchanged, for the purpose of additions, repairs, renovations, restoration and accessory uses. As of the date of the adoption of this ordinance (adopted May 7, 2012), no new residential uses shall be permitted in the CC-CPHD Zone except as expressly provided for herein.
§ 55-35.5 Identification and Bulk Standards.
[Added 5-7-12 by Ord. No. 2012-06]
The CC-CPHD Zone is hereby created, and integrated in the Land Use Code of the Township of Barnegat, and Section 55-6, Designation of Zoning Districts and Section 55-31, Schedule of Area, Yard, and Building Requirements shown in Appendix A are hereby amended to add the following requirements.
A.
In addition to the minimum building requirements set forth in Appendix A, the following standards shall apply in the CC-CPHD Zone:
(1)
If a commercial parcel is to be developed between two (2) existing commercial parcels, the front yard setback may be the average of the adjoining properties on either side or comply with the standards set forth within the bulk zoning standards for that zone;
(2)
Side yard setbacks may be reduced to zero (0) feet to create an alley or interconnection between commercial properties;
(3)
Any commercial development adjoining a residential property or residential zone to the side shall maintain a minimum side yard setback of 10 feet on the side adjoining such a use or zone;
(4)
Any commercial development adjoining a residential property or zone to the rear shall have a minimum fifty-foot rear yard setback;
(5)
The maximum floor area ratio shall be 2.0 for mixed-use buildings and 1.25 for all other buildings;
(6)
Mechanical equipment, chimneys, air conditioners, elevators towers, penthouses, church spires and steeples, and similar appurtenances necessary to the operation of the building as well as decorative architectural elements to screen them from view shall be exempt from the height restrictions so long as they do not exceed the maximum height by more than 10 feet.
[Amended 12-7-2021 by Ord. No. 2021-23]
(7)
Bulk standards for residential properties in the Town Center in existence as of the date of adoption of this ordinance remain unchanged, except that an accessory apartment with a minimum of 700 square feet shall be permitted so long as the parking requirements can be met on site. If the apartment is deed restricted as an affordable housing unit, then the accessory apartment shall meet all applicable standards of Barnegat Township's Housing Element and Fair Share Plan and applicable affordable housing regulations.
(8)
Pedestrian circulation routes and amenities must be constructed and maintained as depicted on an approved site plan.
(9)
No vending machines, outdoor products, propane tank exchange facilities, seasonal products or similar products are permitted to obstruct any sidewalk or pedestrian and bicycle circulation route.
(10)
No outdoor storage is permitted within the front yard area.
(11)
No displays, propane tank exchange or sales facilities or other outdoor items shall be placed within a pedestrian walkway or sidewalk unless approval from the Township has been obtained. No propane exchange or sales facilities shall be installed without the approval from the Township Planning Board or Zoning Board.
(12)
Impervious surfaces are permitted to cover no more than 80% of the lot area.
[Added 6-2-14 by Ord. No. 2014-11]
§ 55-35.6 Other Development Standards.
[Added 5-7-12 by Ord. No. 2012-06]
A.
Parking.
(1)
Parking calculations shall be in accordance with the minimum parking standards contained within Section 55-173, Minimum Parking Requirements. If Section 55-173 does not contain a minimum parking requirement for a proposed use, the minimum parking requirement shall be in accordance with the latest edition of the Trip Generation Report from the Institute of Transportation Engineers.
B.
Connectivity.
(1)
A proposed development shall provide multiple direct connections in its local street system to and between local destinations, such as parks, schools, and shopping, without requiring the use of arterial streets.
(2)
Each development shall incorporate and continue all collector or local streets stubbed to the boundary of the development plan by previously approved but unbuilt development or existing development.
(3)
No dead-end streets shall be permitted except in cases where such streets are designed to connect with future streets on abutting land, in which case a temporary turnaround easement at the end of the street with a diameter of at least one hundred (100) feet must be dedicated and constructed.
(5)
To ensure future street connections where a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to all abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with temporary turn-around or culs-de-sac and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
(6)
Streets within and contiguous to the subdivision shall be aligned and coordinated with other existing or planned streets within the general area as to location, widths, grades and drainage.
(7)
Street connections shall be spaced at intervals not to exceed six hundred sixty (660) feet (1/8 mile) along each boundary that abuts potentially developable or redevelopable land. Blocks longer than four hundred (400) feet in length shall have a mid-block pedestrian pathway connecting adjacent blocks.
(8)
Gated street entryways into residential developments shall be prohibited.
(9)
Pedestrian connections.
(a)
Pedestrian connections shall be provided to abutting open space, commercial sites and streets.
(b)
Walkways shall provide pedestrian access through parking lots from street sidewalks to building entries. Walkways shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and shall not be located and aligned solely based on the outline of a parking lot configuration unless such a configuration allows for direct pedestrian access.
(c)
Such walkways shall have a paved surface not less than five (5) feet in width and shall be grade separated from the parking lot or otherwise delineated with pavement markings, planters, or alternate paving material.
(d)
Where the primary pedestrian access to the site crosses drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. The material and layout shall be continuous as the pedestrian access crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian access way.
(e)
The entirety of the on-site pedestrian walkway system shall be marked and defined using pavement treatments, signs, striping, lighting, median refuge areas, and landscaping, as appropriate.
E.
Alleys.
(1)
An alley shall not be considered a street for the purposes of measuring required front yard setbacks unless the alley provides the only means of access to the lot.
(2)
Alleys are permitted in accordance with the following standards:
(a)
Alleys shall be a minimum of eleven (11) feet in width provided that adequate access for emergency services is provided at the front and rear of the structure. In cases where adequate emergency services access is not provided at the front and rear of the structure, the alleyway shall be a minimum of twenty-four (24) feet in width and fully paved in accordance with applicable regulations to support the weight of emergency services vehicles and equipment.
(b)
Alleys are not permitted to dead end or terminate in a cul-de-sac.
(c)
Alleys shall be provided with the following specifications:
[1]
Any permitted traffic flow shall be one-way.
[2]
No parking shall be permitted within the alleyway.
[3]
Where two (2) alleys intersect each other at or near ninety (90) degrees or where there are bends in an alley that approach ninety (90) degrees, the inside corner of the pavement shall have a radius of approximately twelve (12) feet.
[4]
Doors that open into the alley must be clearly marked and have a railing of a minimum of three (3) feet in height that envelopes the path of the door movement in order to prevent potential conflict with pedestrian movements.
[5]
Where vehicular access is permitted within alleyways the speed limit shall be ten (10) miles per hour or less.
[6]
Drainage design shall be inverted center line with inlets prior to roadway intersections.
[7]
Sidewalks must cross alleys at grade.
[8]
Lighting should be provided at all corners and at 50-foot intervals.
[9]
Pavement, pavers, crushed stone or other stabilized turf is required.
§ 55-35.7 CC-CPHD Uses: Permitted, Conditional, Temporary, Accessory and Prohibited.
[Added 12-15-14 by Ord. No. 2014-35]
The following regulations apply in the CC-CPHD Zone.
B.
Accessory and temporary uses. As noted in Table 1 CC-CPHD, in accordance with the provisions of this chapter and as noted herein.
(1)
Accessory apartments are permitted on floors above commercial uses. The total square footage of accessory apartment units shall not exceed the total square footage of nonresidential space within a mixed-use building.
(2)
Outdoor dining areas on restaurant sites as per the following criteria.
(a)
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the Township of Barnegat, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this ordinance.
(b)
No license shall be issued hereunder unless the licensee shall demonstrate that a minimum of nine feet from the curb edge will be available for pedestrian traffic around such outdoor café and that such outdoor café be directly in front or on the side of an eating establishment as hereinabove defined. No food or drinks served at such outdoor café shall be prepared or stored other than in the interior of the eating establishment. The phrase “directly in front or side of,” shall confine the café to the area represented by an extension of each side of the store occupied by the eating establishment projected directly to the curbline immediately in front thereof.
[Amended 12-7-2021 by Ord. No. 2021-23]
(c)
Application for the license required hereunder shall be made to the Township Zoning Officer and shall be signed by the applicant. The application shall contain the following information:
[Amended 12-7-2021 by Ord. No. 2021-23]
[1]
The name, residence address and telephone number of each individual, owner, partner or if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten percent (10%) or greater interest in the corporation and the chief operating executive of the corporation and if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.
[2]
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this ordinance.
[3]
The address and description of each place where the applicant intends to establish or operate an outdoor cafe.
[4]
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
[5]
Three (3) sets of a proposed layout plan containing scaled drawings prepared by a licensed professional architect or engineer clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor cafe. All tables and chairs must be constructed of material of sufficient weight so as to not be affected by high winds. The perimeter of the outdoor cafe shall be defined and set off by a portable type enclosure which may include live potted plantings on Township property. The enclosure shall define the perimeter of the area to be used as an outdoor cafe and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows nor air-conditioning or heating equipment and shall be open at all times to the air and the barrier shall not have a height of more than three (3) feet. Awnings or outdoor umbrellas extending over the enclosure are permitted providing the lowest portion of the awning or umbrella is not less than seven (7) feet above the adjacent sidewalk and does not extend more than one (1) foot beyond the enclosure.
[6]
The scaled drawings shall also illustrate the following:
[a]
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
[b]
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around each outdoor cafe.
[c]
The location of the place where any food or drink is intended to be prepared.
[d]
The enclosure or protective barrier separating the eating and serving area of each outdoor cafe from pedestrian traffic which shall be indicated by a plan, elevation and section.
[e]
The location of all bus stops, fire hydrants, utility poles, benches, handicap ramps, street furniture, trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within ten (10) feet thereof on either or any side.
[f]
The type and location of any proposed outdoor lighting and fixtures should include the following information: mounting height, lamp type and lumens. Any open flame type fixture shall only be permitted with the approval of the Fire Official.
[g]
An application fee as set forth within the Code of the Township of Barnegat.
[7]
The Construction Code Official will review the application for completeness and compliance with the terms of this ordinance. If the application is complete, the Construction Code Official will act upon the same within ten (10) business days after the application becomes complete. If the application is not complete, the Construction Code Official will so notify the applicant within ten (10) business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this ordinance.
[8]
If the application complies with the ordinance, the Construction Code Official shall issue a license strictly subject to the terms and conditions of this ordinance.
[9]
The license is personal to the applicant and any change or transfer of ownership of the outdoor cafe shall terminate the license and shall require new application and a new license in conformance with all of the requirements of this ordinance.
[10]
Acceptance of the license by the applicant shall operate as a consent to the Health, Fire, Police and Building Officials of the Township to inspect the outdoor dining area for continued compliance with the terms and conditions of this ordinance and any Federal, State, County or local law, ordinance or regulation affecting the same.
[11]
No license required by this ordinance shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Township of Barnegat, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the license is issued.
[12]
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Township Clerk for failure of any licensee to comply with this ordinance or for violation of any other applicable Federal, State, County or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder, nor any interest in the continuation of said license.
[13]
It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable license.
[14]
Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.
[15]
No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.
[16]
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with the Sign Ordinance of the Code of the Township of Barnegat. Outdoor umbrellas located in the outdoor dining areas shall be exempt from the Sign Ordinance of the Township of Barnegat. There shall be no "logos" or advertising upon any umbrellas without prior approval of the Barnegat Township Planning Board. (See Section 55-181 for sign regulations.)
[17]
In addition to the powers of suspension or revocation as set forth above, the Township reserves the right to modify, suspend or revoke any license on ten (10) days written notice if the Township determines that the pedestrian operation of the outdoor cafe or because of any other safety issue within the Township because of such operation. The license may also be suspended or revoked on ten (10) days; written notice, in the event the Township determines that it is necessary to utilize the area of any part hereof for the maintenance or installation of underground utilities. In the event of an emergency, which emergency is certified by the Township Clerk, the license may be suspended or revoked without notice.
[18]
(Reserved)
[19]
No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property for the Township of Barnegat within or near the licensed area.
[20]
(Reserved)
[21]
(Reserved)
[22]
The licensee agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, that the licensee will at his own cost and expense vacate the sidewalk space and/or the private property and promptly remove any property placed thereon. Failure to do so on five (5) days written notice shall grant to the Township the right to remove any property on the sidewalk the licensee agrees to reimburse the Township for the cost of removing and storing the same.
[23]
The licensee shall not direct or permit to be directed to or from the area occupied by the outdoor dining area any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.
[24]
No outdoor dining area shall open for business prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.
(3)
Automated teller machines (ATMs) inside a fully enclosed principal building.
(4)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal as long as construction is active.
(5)
Signs.
(6)
Off-street parking.
(7)
Accessory sheds up to one hundred eighty (180) square feet.
C.
Conditional Uses. The following uses shall be permitted in the CC-CPHD Zone, subject to the issuance of a conditional use permit in accordance with the provisions of this chapter.
(1)
Public utility uses, such as water towers, electric substations, solar and renewable energy infrastructure, radio towers and transmission lines.
(a)
Applicant must demonstrate that the proposed project does not impair the intent and purpose of the ordinance.
(b)
Applicant must demonstrate that the proposed project does not adversely impact the aesthetics or character of the area in which it is proposed and that the proposed project is compatible with surrounding land uses, especially in terms of any potential off-site impacts such as noise generated by the proposed project.
(c)
Applicant must demonstrate that the proposed project is in accordance with applicable regulations with regard to the safe operation of the facility.
(d)
Submission of site plan is required when appropriate.
(2)
Public schools and education facilities.
(a)
Applicant shall submit site plans in accordance with submission procedures to the Planning Board for a courtesy review.
(3)
Places of worship, including parish and educational buildings.
(a)
The minimum lot area shall be ten thousand (10,000) square feet.
(b)
The minimum frontage shall be one hundred (100) feet.
(c)
The maximum lot coverage shall be fifty percent (50%).
(d)
Steeple height shall be limited to the maximum building height permitted in the zone for a single-family residence plus fifteen (15) feet.
(e)
Notwithstanding the parking standards set within Section 55-173, off-street parking for churches within the Commercial Core shall be provided at the ratio of one (1) off-street parking space for each five (5) occupants which can occupy the structure during any one (1) time period. The cumulative parking demand of all activity areas within the proposed facility or structure shall be met by on-site, off-street parking areas.
(f)
Driveways shall cross the sidewalk at right angles and shall be no more than twenty-four (24) feet wide at any point. Driveways must be at least ten (10) feet from any side lot line and fifty (50) feet from the intersection of the street lines. No more than two (2) driveways shall be permitted for each one hundred (100) feet of street frontage.
(g)
A minimum buffer of fifty (50) feet shall be provided between all improvements, including structures and parking facilities, and adjacent residential uses or zones.
(4)
Commercial indoor recreation uses.
(b)
Floor Area for a theater use should not exceed twenty thousand (20,000) square feet, while other uses should not exceed ten thousand (10,000) square feet.
(c)
Game rooms, parlors and drive-in theaters are not permitted.
(d)
Drive-through lanes are not permitted.
(e)
Indoor sports arenas, auditoriums, exhibition halls and heavily auto dependent uses such as multiplex theaters are not permitted.
(f)
All activities must be contained within the principal building.
(5)
Convenience store.
(a)
The minimum floor area allowed is one thousand two hundred fifty (1,250) square feet while the maximum floor area allowed is three thousand (3,000) square feet.
(b)
There shall be a minimum distance of two thousand five hundred (2,500) feet between two (2) convenience stores.
(c)
The convenience store shall not include services such as gasoline dispensing or check cashing.
(d)
There shall be no manufacturing. Additionally, there shall be no processing or assembling except that which is incidental and essential to the food enterprise, such as the assembling of sandwiches, and only when the processed or assembled merchandise is sold at retail on the premises.
(6)
Fast food restaurants.
(a)
The use shall be conducted within a totally enclosed, permanent building, excepting that tables and seating may be provided outdoors but shall be in addition to any required indoor seating. Walkup/carry-out windows are also permitted.
[Amended 12-7-2021 by Ord. No. 2021-23]
(b)
No drive-through lanes are permitted for fast food restaurants located within the CCC-PHD Zone District, except on pad sites within shopping centers in existence at the time of passage of this ordinance.
(c)
The minimum lot size shall be ten thousand (10,000) square feet, the minimum lot frontage and width shall be one hundred (100) feet and the minimum lot depth shall be one hundred (100) feet.
(d)
The minimum front yard setback shall be twenty (20) feet, the minimum side yard on one (1) side shall be ten (10) feet. The minimum rear yard setback shall be forty (40) feet.
(e)
Along any common property line with a residential use or residential zoning district, appropriate buffers shall be provided as required in this chapter, and the area shall be bermed if necessary, to provide sufficient screening.
(g)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.
(h)
All fast food restaurants shall provide separate public restroom facilities easily accessible from the interior of the building for customer use.
(i)
All other area, yard and general requirements of the Zoning Ordinance, engineering and design standards, site plan regulations, procedural requirements and other applicable requirements of this chapter must be met.
(j)
Parking as per the standards set forth for development within the Commercial Core should be provided.
(k)
The applicant shall demonstrate how the design of the proposed project will and/or mitigate adverse on-site and off-site impacts from odors, noise, and light generated by the proposed project. In particular, the applicant shall demonstrate effective measures to minimize odors produced by activities on the site.
(l)
No fast food restaurant uses with drive thru are permitted within 300 feet of a residential use or zone.
[Amended 12-7-2021 by Ord. No. 2021-23]
(7)
Contractor storage uses are allowed as a conditional use provided the following standards are satisfied:
(a)
Outside storage is explicitly prohibited. All storage shall be contained within an enclosed building.
(b)
No flammable materials, hazardous chemicals or explosives shall be permitted to be stored on site.
(c)
The servicing, repair or fabrication of motor vehicles, trailers, equipment or appliances shall be prohibited.
(d)
No tractor trailer or other similar sized large commercial vehicles are permitted on site at any time. Box trucks and similar vehicles up to a total length of twenty-six (26) feet including the load, bumpers and any other feature attached to the vehicle are permitted to access the site provided that the applicant can demonstrate that sufficient loading and unloading area will exist and that the vehicle can safely navigate the site during the peak hour when the facility is operating at full capacity.
(e)
Landscape buffer areas shall be provided in accordance with the following requirements:
[1]
The minimum landscape buffer area provided along side and rear yards shall be fifteen (15) feet in width and twenty-five (25) feet if abutting a residential zone or use.
[2]
The minimum landscape buffer area provided along the street line shall be five (5) feet in width and shall consist of plant material that is maintained at a height no greater than three (3) feet.
[3]
One (1) loading space per twenty thousand (20,000) square feet of indoor storage area is required unless it can be demonstrated that no loading spaces would be needed for the contractor storage use to operate at full capacity.
(8)
Assisted living facilities, nursing and convalescent homes and long term care facilities in accordance with the minimum bulk standards of the zone and the following standards:
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access to and from a County road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum area, yard and building requirements.
[3]
Accessory building requirements. Accessory building requirements shall be the same as those established for the overall zone.
[4]
Maximum building coverage shall be thirty (30%) percent.
[5]
Maximum principal building height: three (3) usable floors (stories) and fifty (50) feet in height.
[6]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(e)
Support services, functions and facilities within a facility or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
[11]
Medical day care/social day care (adult day care services).
[12]
Personal care centers (barbers, hair salon and personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors of the assisted care facility shall be provided based on a total of the following:
[1]
One (1) space per State licensed assisted living dwelling unit. Provided however, that the applicant shall be allowed to provide, at the time of initial construction, one (1) parking space for every three (3) dwelling units, but reserve an adequate area for future construction of the additional required parking spaces should the actual operating experience demonstrate that the amount of parking initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor parking.
[4]
Where fractional spaces result in the calculation of the requirements, the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all applicable standards of Federal, State and County regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare:
(9)
Mixed-use developments. The conditional use is hereby imposed, which must be adhered to by any applicant or property owner, as follows:
[Added 12-15-14 by Ord. No. 2014-35]
(a)
The area must be a minimum of 12 acres.
(b)
Any residential development shall be in conjunction with no less than 33,600 square feet of retail/commercial space.
(c)
The maximum density of the residential development shall be 13.50 units per acre of the entire tract being developed.
[Amended 12-7-2021 by Ord. No. 2021-23]
(d)
The residential apartments shall be limited to a maximum of two bedrooms. Each two-bedroom apartment shall be no less than 1,100 square feet. Townhouses shall be limited to three bedrooms.
[Amended 10-2-2018 by Ord. No. 2018-32]
(e)
Mixed-use development buildings may include as a permitted use self-storage on second and third floors only. The mixed-use development shall conform to the following bulk standards:
[Amended 10-2-2018 by Ord. No. 2018-32]
[1]
Minimum lot frontage of 700 feet.
[2]
Minimum lot depth of 700 feet.
[3]
Minimum front setback of 75 feet.
[Amended 12-7-2021 by Ord. No. 2021-23]
[4]
Minimum rear setback of 50 feet.
[5]
Minimum side setback of 50 feet to a residential lot and 10 feet to a commercial lot.
[6]
Maximum building height of 4 stories or 48 feet for the apartment and mixed-use buildings.
[Amended 12-7-2021 by Ord. No. 2021-23]
[7]
No more than 80 apartment units shall be permitted in any building.
[Amended 12-7-2021 by Ord. No. 2021-23]
[8]
There must be a minimum separation between apartment buildings of 30 feet.
(f)
A minimum buffer of 50 feet shall be provided along all property lines adjacent to a lot that is zoned or used for residential purposes, including residential lots located on the opposite side of the street.
(g)
The site must have frontage on and have primary direct access to and from a New Jersey state highway.
(h)
In the proposed mixed-use development, as it applies to the commercial area, the minimum parking ratio shall be 3.03 spaces per 1,000 square feet of gross floor area. The apartment and residential component of a mixed-use development must comply with the minimum parking requirements set forth in § 55-173 of the Land Use Code. If § 55-173 of the Land Use Code does not include a parking standard for a proposed use, the Institute of Traffic Engineers (ITE) standards will apply.
[Amended 10-2-2018 by Ord. No. 2018-32]
(i)
The residential portion of the development shall comply with the requirements of the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
(j)
A clubhouse shall be provided for use by the tenants of the residential apartments and townhouses. The clubhouse shall have a minimum floor area of 25 square feet per apartment unit exclusive of swimming pool. The clubhouse shall also include outside amenities, such as, but not limited to, a pool, cabana, etc. A portion of the clubhouse may be set aside for use as a leasing office. The clubhouse must be constructed and placed into service prior to the issuance of a certificate of occupancy for the 48th apartment unit.
[Amended 10-2-2018 by Ord. No. 2018-32]
(k)
Construction of the commercial portion of the development shall be staged. A minimum of 10,000 square feet of commercial space must be constructed and available for rental prior to the issuance of a certificate of occupancy for the 48th apartment unit. In addition, an additional 10,000 square feet of commercial space must be constructed and available for rental prior to the issuance of a certificate of occupancy for the 96th apartment unit. Finally, the remaining commercial space must be constructed and available for rental prior to the issuance of a certificate of occupancy for the 144th apartment unit.
(l)
Commercial vehicles shall not be allowed to enter or exit the site from Old Main Shore Road or Georgetown Boulevard. All commercial vehicles and delivery trucks associated with the proposed commercial development shall be restricted to entering and exiting the site from U.S. Route 9.
(m)
Affordable Housing Trust Fund. Pursuant to Section 5 of Ordinance No. 2014-35, the applicant/property owner will be required to make appropriate payments to the Township's Affordable Housing Trust Fund, as mandated by the Township Code, at the time of site plan and/or subdivision approval granted by the Barnegat Township Planning Board. One-half of the fee must be paid upon receipt of preliminary site plan approval.
Table 1 CC-CPHD Zone Uses Subsection 55-35.7 | |||
|---|---|---|---|
Use | Permitted | Conditional | Accessory |
Retail sales | x | ||
Personal services | x | ||
Bakery | x | ||
Business and professional offices | x | ||
Funeral homes | x | ||
Restaurants and take-out restaurants | x | ||
Fast-food restaurants | x | ||
Animal hospitals | x | ||
Light industry | x | ||
Municipal offices and fire and rescue stations | x | ||
Public schools and education facilities | x | ||
Day-care center | x | ||
Libraries and museums | x | ||
Hospitals, convalescent homes, nursing homes | x | ||
Ambulatory health care facility | x | ||
Medical or dental office | x | ||
Places of worship, including parish and educational buildings | x | ||
Nonprofit civic, social and fraternal organizations | x | ||
Commercial indoor and outdoor recreational facilities | x | ||
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare | x | ||
Detached single-family dwellings for residential purposes together with their accessory uses that were in existence as of the date of the adoption of this ordinance. Such single family dwellings shall be subject to the bulk standards of the R-10 Zone for any additions, accessory structures, alterations or restoration in the event of partial or total destruction. | x | ||
Flex office | x | ||
Garden center | x | ||
Bed-and-breakfast inns, boutique hotels, and tourist homes | x | ||
Wellness and lifestyle centers | x | ||
Banks and other financial institutions, excluding check cashing businesses | x | ||
Studios | x | ||
Medical testing facility | x | ||
Convenience stores | x | ||
Accessory apartment | x | ||
Outdoor dining areas on restaurant sites | x | ||
Automated teller machines (ATMs) inside a fully enclosed principal building | x | ||
Contractor storage | x | ||
Assisted living facilities | x | ||
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground | x | ||
Temporary on-site construction trailers for which permits may be issued for periods up to 1 year, subject to renewal as long as construction is active | x | ||
Signs | x | ||
Off-street parking | x | ||
Accessory sheds up to 180 square feet | x | ||
Private residential swimming pools, provided that such use shall only be permitted as part of a detached single-family dwelling and that the pools are enclosed with safety fences of not less than 4 feet in height | x | ||
A private residential tennis court on a lot not less than 1 acre | x | ||
§ 55-35.8 Prohibited Uses.
[Added 5-7-12 by Ord. No. 2012-06]
Unless expressly permitted, all other uses are deemed to be prohibited. In addition, the following uses are specifically prohibited within the CC-CPHD Zone as these uses are not compatible with the intent of this ordinance or the traditional character of the Township.
A.
Pawn shops.
B.
Adult book stores.
C.
Motor vehicle sales.
D.
Lumber yards.
E.
Mobile food service, except during public events such as concerts, fairs, festivals, grand openings and similar uses upon issuance of a temporary permit.
F.
Storage trailers or tractor trailer storage.
G.
Auto body shops.
H.
Automotive repair garages.
I.
Car washes.
J.
Unless expressly permitted herein, drive-through facilities are not permitted within the CC-CPHD Zone District.
§ 55-36 through § 55-40. (RESERVED)
DIVISION 2: ZONING DISTRICTS WEST OF PARKWAY |
§ 55-41 PA - PRESERVATION AREA ZONE.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 8-20-90 by Ord. No. 1990-26; 4-1-91 by Ord. No. 1991-8; 4-5-93 by Ord. No. 1993-8; 12-16-96 by Ord. No. 1996-60 §§ 2—10]
The following regulations apply in the PA Zone:
A.
Permitted Uses.
(1)
Detached single-family dwellings on three and two-tenths (3.2) acre lots or one (1.0) acre lots, in accordance with Section 55-64.
(2)
Raising and keeping of farm animals for domestic use on a lot having not less than one (1) acre. Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
(3)
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(5)
Fish and wildlife management and wetlands management.
[Amended 9-6-11 by Ord. No. 2011-14]
(6)
Beekeeping.
(7)
Pinelands development credits.
B.
Accessory and Temporary Uses.
(1)
Building and other structures customarily accessory to permitted residential and agricultural uses, including detached private garages, barns, shed, greenhouses, and the like.
(2)
Private residential tennis courts and swimming pools, provided that such pools are enclosed by safety fences of not less than four (4) feet in height.
(4)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(5)
Signs as follows, provided that no sign shall be permitted which does not conform to the provisions of Section 55-299D.
(6)
Agricultural commercial establishments for the sale of farm products grown or raised on the premises by the owner or operator of the farm. There shall be a limit of one (1) establishment per farm. Such stands shall be set back a minimum of sixty (60) feet from the street line.
C.
Conditional Uses. The following uses shall be permitted in the PA Zone subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines which must be provided above ground, provided that the applicant can demonstrate that there is no feasible alternative and that the use serves only the needs of the Preservation Area.
Centralized waste water treatment and collection facilities shall be permitted to service the Preservation Area District only in accordance with N.J.A.C. 7:50-6.84(a)2.
(2)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(3)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two (2) times the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with the character of the Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
(4)
Low-intensity recreational uses, including but not limited to camping provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least fifty (50) acres.
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
(c)
Access to bodies of water is limited to no more than fifteen (15) linear feet of frontage per one thousand (1,000) feet of water body frontage.
(d)
The parcel will contain not more than one (1) campsite per two (2) acres, provided that the campsites shall not be clustered at a net density exceeding six (6) campsites per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent (5%) of the parcel.
(f)
No more than one percent (1%) of the parcel will be covered by impervious surfaces.
[Amended 9-6-11 by Ord. No. 2011-14]
(5)
Continuation of resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6.63.
[Amended 7-16-01 by Ord. No. 2001-29]
D.
Lot and Building Requirements.
(1)
Minimum lot size:
(a)
For lots with detached single family dwellings which meet the requirements of this section: three and two-tenths (3.2) acres.
(b)
For other uses: five (5) acres, or as necessary to meet the standards of the Pinelands Comprehensive Management Plan as contained in this chapter.
(c)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the PA zone shall be less than that needed to meet the water quality standards of § 55-291.B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
(2)
Minimum lot width: two hundred (200) feet.
(3)
Minimum yard requirements:
(a)
Front yard: two hundred (200) feet, except that if compliance with this minimum is constrained by physical or environmental considerations, involves a farm operation, or development within one thousand (1,000) feet has front yards less than two hundred (200) feet, a setback of not less than seventy-five (75) feet may be permitted.
(b)
Side yard: fifty (50) feet for principal buildings; ten (10) feet for accessory buildings.
(c)
Rear yard: seventy-five (75) feet for principal buildings; ten (10) feet for accessory buildings.
(4)
Maximum lot coverage: twenty percent (20%).
(5)
Maximum building height: two and five-tenths (2.5) stories on thirty-five (35) feet.
E.
Allocation of Pinelands Development credits.
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in paragraph E(2) below, every parcel of land in the Preservation Area District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth Area.
Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(2)
Pinelands development credits are hereby established in the Preservation Area District at the following ratios:
(a)
Uplands which are undistributed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per(39 acres; and
(d)
Wetlands: 0.2 Pinelands development credit per 39 acres.
(3)
The allocations established in Subsection E(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement of a parcel of land shall be reduced by 1/4 PDC for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 1/4 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to paragraph E(7) below or when a variance for cultural housing is approved by the Township pursuant to § 55-64B of this chapter.
[Amended 7-16-01 by Ord. No. 2001-29]
(d)
The Pinelands development credit entitlement for a parcel of land shall also be reduced by 1/4 PDC for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict complaint is granted by the Pinelands Commission.
(4)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Paragraph E(2) above.
(5)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acre of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this section shall also apply to owners of record of less than 0.10 acre of land in the Preservation Area Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Paragraph E(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 7-16-01 by Ord. No. 2001-29]
(6)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity to those uses set forth in N.J.A.C. 7:50-5.47(b) by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
(7)
Notwithstanding the provision of Paragraph E(6) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by 1/4 PDC for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(8)
No conveyance, sale, or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
(a)
In the Preservation Area District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.
[Amended 9-6-11 by Ord. No. 2011-14; 3-5-2019 by Ord. No. 2019-4]
(b)
In all other zones within the Pinelands Area: agriculture; forestry; and low-intensity recreational uses.
(10)
Any owner of land within the Township's PA Zone may, pursuant to N.J.A.C. 7:50-4, Part VI, secure a letter of interpretation from the Pinelands Commission as to the Pinelands development credits allocated to that parcel of land.
(11)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 6-4-01 by Ord. No. 2001-15]
(12)
Pinelands development credits shall be used in the following manner:
(b)
When a variance of density or minimum lot area requirements for the RH, RM, RL or RL/AC Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Amended 7-16-01 by Ord. No. 2001-29]
(c)
When a variance or other approval for a nonresidential use not otherwise permitted in the RH, RL or RL/AC Zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 6-4-01 by Ord. No. 2001-15]
(d)
When a variance or other approval for a residential use in the Regional Growth Area portion of the CN Zone is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.
[Amended 6-4-01 by Ord. No. 2001-15]
(e)
When a variance for cultural housing is granted by the Township in accordance with § 55-64A of this chapter.
(f)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(g)
When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV Zone or in that portion of the CN Zone located in a Pinelands Village is granted by the Township, Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
§ 55-42 PF - PRESERVED FOREST PINELANDS.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 4-5-93 by Ord. No. 1993-8; 9-7-93 by Ord. No. 1993-33 § 8; 12-16-96 by Ord. No. 1996-60 §§ 11—16; 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-16 § 2]
A.
Permitted Uses.
(1)
Detached single-family dwellings on three and two-tenths (3.2) acre lots or one (1.0) acre lots, in accordance with § 55-64.
(2)
Detached single-family dwellings on lots of at least one (1.0) acre in size existing as of January 14, 1981, provided that:
[Amended 9-6-11 by Ord. No. 2011-14]
(a)
The owner of the lot to be developed acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least seventeen (17) acres;
(b)
All lands acquired pursuant to paragraph (a) above, which may or may not be developable, are located in the PF Zone;
(c)
All noncontiguous lands acquired pursuant to paragraph (a) above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low- intensity recreation, ecological management and forestry, provided that no more than five percent (5%) of the land may be cleared, no more than one percent (1%) of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 55. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;
(d)
Tax assessments for the acquired noncontiguous lands shall be combined and assigned to the land to be developed; and
(3)
Detached single-family dwellings on minimum seventeen (17) acre lots, provided that clustering of the permitted dwellings shall be required in accordance with § 55-42E whenever two (2) or more units are proposed as part of a residential development.
[Amended 9-6-11 by Ord. No. 2011-14]
(4)
Crop and tree farming and horticulture of native Pinelands plants; nurseries.
(5)
Raising and keeping of a farm animal for domestic use on a lot having not less than one (1) acre.
Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
(6)
Commercial farms for the raising, building and keeping of livestock and poultry for gain on a lot having not less than five (5) acres, provided further that no building housing such animals and no storage of manure shall be permitted within two hundred (200) feet of any adjoining lot line.
(7)
Farming operations, as defined in this chapter, except the keeping or raising of swine shall not be allowed except as part of a general farming operation, and the number of swine be allowed on any farm. No building or enclosure for swine shall be closer than two hundred (200) feet to any property line. No building for the shelter of fowl or other farm livestock shall be closer than fifty (50) feet to any property line or street line, except that where a property line forms the boundary of a residential zone, the setback shall be increased to one hundred (100) feet.
(9)
Riding stables.
B.
Accessory and Temporary Uses.
(1)
Buildings and other structures customarily accessory to permitted residential and agricultural uses, including detached private garages, barns, sheds, and the like. Storage sheds, provided that they do not exceed a total area of one hundred eighty (180) square feet.
(2)
Private residential tennis courts and swimming pools, provided that such pools are enclosed by safety fences of not less than four (4) feet in height.
(4)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(6)
Display dwellings used for sales purposes in residential subdivision or projects, provided that such uses shall be terminated when the last lot is sold or unit occupied.
(7)
Agricultural commercial establishments for the sale of farm products grown or raised on the premises by the owner or operator of the farm. There shall be a limit of one (1) establishment per farm. Such stands shall be set back a minimum of sixty (60) feet from the street line and shall be a maximum of five thousand (5,000) square feet in size.
C.
Conditional Uses. The following uses shall be permitted in the PF Zone subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(2)
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with N.J.A.C. 7:50-6.84(a)2.
(3)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(4)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(5)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
[Amended 7-16-01 by Ord. No. 2001-29]
(6)
Agricultural commercial establishments excluding supermarkets, restaurants, and convenience stores, but including garden centers provided that:
(7)
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of at least fifty (50) feet;
(b)
No portion of any structure proposed for development will be more than three hundred (300) feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden public services, including but not limited to water, sewer, and roads.
(8)
Institutional uses, limited to municipal offices, fire and rescue stations, public schools and colleges, day nurseries, libraries and museums, hospitals, medical clinics, convalescent homes, places of worship including parish and educational buildings and cemeteries providing that:
(a)
The use does not require or will not generate subsidiary or satellite development in the PF Zone.
(b)
The applicant has demonstrated that adequate public service infrastructures will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the PF Zone in which the use is to be located.
(9)
Low-intensity recreational uses, including but not limited to camping provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least fifty (50) acres.
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
(c)
Access to bodies of water is limited to no more than fifteen (15) linear feet of frontage per one thousand (1,000) feet of water body frontage.
(d)
The parcel will contain not more than six (6) campsites per acre, provided that the campsites shall not be clustered at a net density exceeding ten (10) campsites per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent (5%) of the parcel.
(f)
No more than one percent (1%) of the parcel will be covered by impervious surfaces.
[Amended 9-6-11 by Ord. No. 2011-14]
(10)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two (2) times the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with the character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
D.
Lot and Building Requirements.
(1)
Minimum lot size:
(b)
For lots with other detached single-family dwellings: seventeen (17.0) acres, provided that clustering on one (1) acre lots shall be required in accordance with § 55-42E whenever two (2) or more units are proposed as part of a residential development.
[Amended 9-6-11 by Ord. No. 2011-14]
(c)
For all other uses: five (5.0) acres, unless otherwise specified in this section, or as necessary to meet the standards of the Pinelands Comprehensive Management Plan as contained in this chapter.
(d)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the PF Zone shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralization sewer treatment or collection system.
(2)
Minimum lot width: two hundred (200) feet.
(3)
Minimum yard requirements:
(a)
Front yard: two hundred (200) feet, unless otherwise specified, except that if compliance with this minimum is constrained by physical or environmental considerations, involves a farm operation, or development within one thousand (1,000) feet has front yards less than two hundred (200) feet, a setback of not less than seventy-five (75) feet may be permitted.
(b)
Side yard: fifty (50) feet for principal buildings, ten (10) feet for accessory buildings.
(c)
Rear yard: seventy-five (75) feet for principal buildings, ten (10) feet for accessory buildings.
(4)
Maximum lot coverage: twenty percent (20%).
(5)
Maximum building height: two and five-tenths (2.5) stories or thirty-five (35) feet.
E.
Clustered Development. Residential dwellings permitted under paragraph A(3) of this section shall be clustered in accordance with the following requirements:
[Amended 9-6-11 by Ord. No. 2011-14]
(1)
Permitted density: one (1) unit per seventeen (17) acres.
(2)
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in paragraph (1) above, with a bonus applied as follows:
(3)
The residential cluster shall be located on the parcel such that the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one (1) acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(b)
The minimum requirements specified in Appendix B: Schedule of Area, Yard and Building Requirements West of the Parkway for the Pinelands Village (PV) Zone shall apply;
(c)
Individual on-site septic waste water treatment systems which are intended to reduce the level nitrate/nitrogen in the waste that comply with the standards of § 55-291B(4) may serve the lots within the cluster development area. Community on-site waste water treatment systems serving two (2) or more residential dwelling units which meet the standards of §§ 55-291B(5) or (7) shall also be permitted;
(d)
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than one-half (1/2) acre of land or the equivalent of one (1) acre of land for every twenty-five (25) residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Barnegat Township or incorporated as part of one of the lots within the cluster development area.
(a)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor Barnegat Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than five percent (5%) of the land may be cleared, no more than one percent (1%) of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 55.
§ 55-43 RL - RESIDENTIAL LOW AND RL/AC - RESIDENTIAL LOW/ADULT COMMUNITY ZONES.
[Amended 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 4-1-91 by Ord. No. 1991-8; 9-7-93 by Ord. No. 1993-38; 4-5-93 by Ord. No. 1993-8; 11-4-96 by Ord. No. 96-52; 12-16-96 by Ord. No. 1996-60 §§ 17—18]
The following regulations apply in the RL and RL/AC Zone:
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures.
(2)
Adult community housing, subject to the provisions of this chapter.
(3)
Cluster development, subject to the provisions of this chapter.
(4)
Municipal offices and fire and rescue stations.
(5)
Public schools and colleges.
(6)
Day nurseries.
(7)
Parks and preserves.
(8)
Libraries and museums.
(9)
Hospitals, clinics and convalescent homes.
(10)
Places of worship, including parish and educational buildings.
(11)
Golf courses and country clubs.
(12)
Recreational membership facilities, including swimming and tennis clubs.
(13)
Vehicle campgrounds, public or private.
(14)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety and general welfare.
(15)
Crop and tree farming and horticulture, including greenhouses, nurseries and accessory sheds.
(16)
Raising and keeping of a farm animal for domestic use on a lot having not less than one (1) acre. Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
(17)
Commercial farms for the raising, building and keeping of livestock and poultry for gain on a lot having not less than five (5) acres, provided further that no building housing such animals and no storage of manure shall be permitted within two hundred (200) feet of any adjoining lot line.
(19)
Roadside stands for the retail sale of garden produce, similar goods and related supplies and products.
C.
Conditional Uses. The following uses shall be permitted in the RL and RL/AC Zones, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(2)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(3)
Cemeteries.
(4)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Use of Pinelands Development Credits to Increase Density.
(1)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 6-4-01 by Ord. No. 2001-15]
(2)
A density bonus of one (1) residential unit shall be yielded for each one-quarter (0.25) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed twice the number otherwise permitted. The minimum lot size shall be twenty-one thousand seven hundred eighty (21,780) square feet.
(3)
All applications in which the use of Pinelands development credits in the RL and RL/AC Zone is proposed shall be referred to the Planning Board and the Pinelands Commission for review and certification.
(4)
No permit shall be issued for any development in the RL and RL/AC Zone using Pinelands development credits to increase residential density unless the Pinelands Commission shall first certify in writing that credits are owned by the applicant and that the same credits have not been or are not being used to secure density bonuses elsewhere.
(5)
Any municipal variance approval which grants relief from the density or lot area requirements set forth in the Schedule of Area, Yard and Building Requirements for the RL or RL/AC Zones shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
(6)
Any variance or other approval for a nonresidential use not otherwise permitted in the RL/AC Zone shall require that Pinelands development credits be used at fifty percent (50%) of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under ten (10) acres in size; at seventy-five percent (75%) of the maximum rate for parcels between ten (10) and twenty (20) acres in size; and at one hundred percent (100%) of the maximum rate for parcels over twenty (20) acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 6-4-01 by Ord. No. 2001-15]
§ 55-44 (RESERVED)
[Deleted 6-19-89 by Ord. No. 1989-19]
§ 55-45 RM - RESIDENTIAL MEDIUM ZONE.
[Amended 4-3-89 by Ord. No. 1989-8; 6-19-89 by Ord. No. 1989-19]
The following regulations apply in the RM Zone:
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together with its accessory structures.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(4)
Crop and tree farming and horticulture, including greenhouses, nurseries and accessory sheds.
B.
Accessory and Temporary Uses.
(1)
Same as those permitted in the PF Zone, except agricultural commercial establishments.
C.
Conditional Uses. The following uses shall be permitted in the RM Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter.
(1)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(2)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96 by Ord. No. 1996-27 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
Indoor antique auction, conducted for commercial gain, provided that the use must be carried out and housed within a structure other than a residence and provided further that not more than six (6) persons may be employed on the premises.
(5)
Raising and keeping of a farm animal for domestic use on a lot having not less than one (1) acre. Additional farm animals shall not exceed one (1) per every one (1) additional acre. There shall be no storage of manure within one hundred (100) feet of any adjoining property line.
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Any municipal variance approval which grants relief from density or lot area requirement set forth in the Schedule of Area, Yard and Building Requirements for the RM Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
§ 55-46 (RESERVED)
[Deleted 6-19-89 by Ord. No. 1989-19]
§ 55-47 RH - HIGH ZONE.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19; 4-1-91 by Ord. No. 1991-8; 12-16-96 by Ord. No. 1996-60 § 19; 6-7-04 by Ord. No. 2004-23 § 3]
The following regulations apply in the RH Zone:
A.
Permitted Uses.
(1)
Detached single-family dwellings for residential purposes, together with accessory structures.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by a public utility or municipal agency of underground distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(4)
Pump stations.
B.
Accessory and Temporary Uses.
(1)
Same as those permitted in the PF Zone, except agricultural commercial establishments.
C.
Conditional Uses. The following uses shall be permitted in the RH Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
Public utility, commercial and private uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
[Amended 8-2-04 by Ord. No. 2004-34]
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Development of Lots Under Ten Thousand (10,000) Square Feet.
[Amended 6-4-01 by Ord. No. 2001-15]
(1)
Within the RH Zone, detached single family dwellings may be permitted in existing lots between nine thousand (9,000) and ten thousand (10,000) square feet in size, provided that:
(a)
The owner of the lot proposed for development:
[1]
Purchases and redeems one-quarter (0.25) Pinelands development credits; or
[2]
Permanently protects two (2) existing lots in the RC Zone by dedicating them as open space through recordation of a restriction on the deed to the lots, with no further development permitted except fish and wildlife management and low intensity recreational uses. Any such deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission; or
[3]
Permanently protects two-thirds (2/3) of an acre of vacant land in the RC Zone which is not defined as wetlands and is located outside of existing residentially subdivided lots through recordation of a restriction on the deed to said parcel, with no further development permitted except fish and wildlife management and low intensity recreational uses. Any such deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission; or
[4]
Permanently protects two (2.0) acres of vacant land in the RC Zone which is defined as wetlands and is located outside of existing residentially subdivided lots through recordation of a restriction on the deed to said parcel, with no further development permitted except fish and wildlife management and low intensity recreational uses. Any such deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
(b)
The Township shall maintain and make available an inventory of vacant lots in the RC Zone. Said inventory shall include the names and mailing addresses of the owners of all vacant lots in the RC Zone.
(c)
Any person proposing to develop a lot in the RH Zone between nine thousand (9,000) and ten thousand (10,000) square feet in size who, as of the effective date of this section, also owns a lot or lots in the RC Zone shall be required to permanently protect said lot or lots in the RC Zone in accordance with (a)[2] above, prior to purchasing and redeeming Pinelands development credits in accordance with (a)[1] above. If said lot or lots in the RC Zone were sold or transferred subsequent to the effective date of this section, another lot or lots in the RC Zone must be permanently protected in accordance with (a)[2] above, prior to the purchase and redemption of Pinelands development credits in accordance with (a)[1] above.
(d)
No development in the RH Zone involving the permanent protection of lots or other lands in the RC Zone in accordance with (a)[2], [3] and [4] above shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite lots or other lands. A deed restriction on the requisite lots or other lands shall be duly recorded prior to the issuance of any building or construction permits.
(e)
No development involving the use of Pinelands development credits in the RH Zone shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his ownership and redemption of the requisite Pinelands development credits. Notification of any such approval shall be made to the Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6, prior to the issuance of any building or construction permits.
(f)
By complying with the steps set forth in (a) through (e) the property owner will avoid the need and not be required to apply to the Zoning Board of Adjustment for a bulk variance as a result of owning a lot of less than ten thousand (10,000) but at least nine thousand (9,000) square feet in size.
[Added 8-2-04 by Ord. No. 2004-34 § 2]
(g)
When an applicant requests of the Township Attorney and the Township Engineer approval to deed restrict two (2) vacant lots in the RC Zone in order to obtain approval to construct on one (1) single family lot in the RH Zone, said request shall include an application fee of five hundred dollars ($500.) payable to the Township of Barnegat. Said funds shall be placed in the appropriate escrow account of the Township for legal and engineering fees, legal publication fees and recording fees. Any unused funds shall be returned to the applicant after completion of this process. If the escrow deposit is depleted the applicant will replenish the escrow account by an additional payment of five hundred dollars ($500.) upon request from the Township.
[Added 11-5-07 by Ord. No. 2007-21]
§ 55-48 RC - RESIDENTIAL CONSERVATION ZONE.
[Added 6-7-04 by Ord. No. 2004-23 § 4]
The following regulations apply in the RC Zone:
A.
Purpose. The RC Residential Conservation Zone constitutes a portion of an existing subdivision within the Pinelands Regional Growth Area which contains habitat critical to the survival of one (1) or more local populations of threatened and endangered plant and animal species. In order to afford adequate protection to said critical habitat as required pursuant to N.J.A.C. 7:50-6, Parts II and III, of the Comprehensive Management Plan and Sections 55-295E and 55-299B of this chapter, residential development is not permitted; however, land in the RC Zone may be used to facilitate the development of detached single family dwellings on certain lots in the RH Residential High Zone in accordance with Section 55-47E.
B.
Permitted Uses.
(1)
Fish and wildlife management.
(2)
Low intensity recreational uses.
(3)
Maintenance by a public utility or municipal agency of those underground distribution or collection systems existing as of the effective date of this section as necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(4)
The installation of water lines, provided that any such line will be located under the existing paved road known as Harpoon Drive and no widening in the paved surface of said road occurs.
(5)
Pump stations, roads and other public service infrastructure, provided same:
(a)
Was in existence as of the effective date of this section; or
(b)
Received all necessary local permitting agency approvals and a letter of no further review from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4, Part III, prior to the effective date of this section; or
(c)
Received approval from the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part IV, prior to the effective date of this section.
(6)
Detached single-family dwellings existing as of the effective date of this section, in accordance with the lot and building requirements of the RH Zone.
[Added 9-7-04 by Ord. No. 2004-42]
§ 55-49 through § 55-52. (RESERVED)
[Deleted 6-19-89 by Ord. No. 1989-19]
§ 55-53 M-H - MOBILE HOME RESIDENTIAL ZONE.
[Amended 4-3-89 by Ord. No. 1989-8; 8-20-90 by Ord. No. 1990-26; 12-16-96 by Ord. No. 1996-60 § 20]
The following regulations apply in the M-H Zone:
A.
Permitted Uses.
(1)
Detached mobile home dwelling for residential purposes, together with its accessory structures, constructed in accordance with the Code of the Township of Barnegat, Chapter 56, entitled "Mobile Home Parks."
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the M-H zone only in accordance with N.J.A.C. 7:50-6.84(a)2.
B.
Accessory and Temporary Uses.
C.
Conditional Uses. The following uses shall be permitted in the M-H Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
(1)
Same as specified for the PF Zone.
D.
Land and Building Requirements. Use of lots which do not meet the minimum area requirements set forth in § 55-300, shall be subject to approval by the Pinelands Commission, if in the Pinelands Area.
(1)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a non-residential use within the M-H Zone shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
§ 55-54 PV - PINELANDS VILLAGE ZONE.
[Amended 6-19-89 by Ord. No. 1989-19; 4-5-93; Ord. No. 1993-8; 12-16-96 by Ord. No. 1996-60 § 21]
The following regulations apply in the PV Zone:
A.
Permitted Uses.
(1)
Same as those permitted in the RL Zone, but not including adult community housing and cluster development, hospitals, convalescent homes, provided that:
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard, and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in the Schedule of Area, Yard and Building Requirements for a residential or principal nonresidential use in the PV Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 7-16-01 by Ord. No. 2001-29]
§ 55-55 C-PHD - PLANNED HIGHWAY DEVELOPMENT COMMERCIAL ZONE.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 8-20-90 by Ord. No. 1990-26; 3-20-95 by Ord. No. 1995-15; 8-5-96 by Ord. No. 1996-27; 12-16-96 by Ord. No. 1996-60 § 22; 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-16 § 2; 8-17-98 by Ord. No. 1998-14 § 3; 7-16-01 by Ord. No. 2001-29]
A.
Special Requirements for C-PHD Zone in the Pinelands Area.
(1)
Permitted uses: same as those permitted in the PF Zone, except that no new residential development shall be permitted.
(2)
Accessory and temporary uses: same as those permitted in the PF Zone.
(3)
Conditional uses: same as those specified in the PF Zone, except that the provisions of § 55-42C(7)(b) shall not apply in the C-PHD Zone.
(4)
Lot and building requirements: same as in the PF Zone, except that the minimum lot size shall be two and five-tenths (2.5) acres or as necessary to meet the standards of the Pinelands Comprehensive Management Plan as contained in this chapter.
(a)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for nonresidential use within the C-PHD Zone shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
§ 55-56 (RESERVED)
[Deleted 6-19-89 by Ord. No. 1989-19]
§ 55-57 C-N - NEIGHBORHOOD COMMERCIAL ZONE WEST OF PARKWAY.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19; 4-1-91 by Ord. No. 1991-8; 4-5-00 by Ord. 1993-8 § 18; 12-16-96 by Ord. No. 1996-60 § 23—25]
A.
Permitted Uses.
(1)
Retail trade and service establishments, including the sale of groceries, baked goods, fishing supplies, apparel, gifts, antiques, housewares and appliances, barber and beauty shops, laundries and such other similar uses.
(2)
Business and professional offices.
(3)
Automotive filling stations.
(4)
Day nurseries.
(5)
Parks and preserves.
(6)
The erection, construction, alteration and maintenance by a public utility or municipal agency of underground distribution and collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
(7)
Funeral homes.
(8)
Restaurants.
(9)
[Deleted 5-16-05 by Ord. No. 2005-28]
(10)
Car wash.
[Amended 5-16-05 by Ord. No. 2005-28]
(11)
Sales establishments for lumber and other building materials and related equipment and apparatus.
(12)
Animal hospital.
(13)
Vehicle body shop and repairs.
(14)
Municipal offices and fire and rescue stations.
(15)
Libraries and museums.
(16)
Hospitals, clinics, convalescent homes and continual care facilities.
(17)
Places of worship, including parish and educational buildings.
(18)
Nonprofit civic, social and fraternal organizations.
(19)
Recreational membership facilities, including swimming and tennis.
(20)
Nursing homes.
[Added 5-16-05 by Ord. No. 2005-28]
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted business establishment, such apartment to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
C.
Conditional Uses. The following uses shall be permitted in the C-N Zone, subject to issuance of a conditional use permit in conformance with the provisions of this chapter:
[Amended 7-6-2023 by Ord. No. 2023-23]
(1)
[Deleted 3-20-95 by Ord. No. 1995-15; 8-5-96 by Ord. No. 1996-27 § 2]
(2)
[Deleted 3-20-95 by Ord. No. 1995-15; 8-5-96 by Ord. No. 1996-27 § 2]
(3)
Public utility uses, such as water towers, electric substations, radio towers and transmission lines, which must be provided above ground.
(4)
[Deleted 5-16-05 by Ord. No. 2005-28]
(5)
Self-storage facilities (mini-warehouse).
[Added 5-16-05 by Ord. No. 2005-28]
(a)
Minimum lot area: three (3) acres.
(b)
Minimum side and rear yard setbacks: fifty (50) feet.
(c)
Screening shall be required in the front yard area to enhance the appearance and screen the self-storage facility from roadways. Such screening may consist of fences, walls, natural vegetation and landscaping, or some combination thereof, and shall be specifically approved by the planning board.
(d)
Maximum building height: twenty-four (24) feet and two (2) stories.
(e)
No flammable materials, hazardous chemicals or explosives shall be permitted to be stored at the site.
(f)
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment shall be prohibited.
(g)
Auctions, wholesale and retail sales and garage or other miscellaneous sales shall be prohibited.
(h)
The operation of power tools, spray painting, compressors and other similar equipment shall be prohibited.
(i)
Outdoor storage shall be limited to the storage of boats, boat trailers and recreational vehicles, and any such storage shall not be visible from any property line.
(j)
Self-storage facilities (mini-warehouse) must front on and have primary access to and from, a County road or a New Jersey State Highway. Access to a local Barnegat Township roadway shall not be permitted.
(k)
A proposed self-storage (mini-warehouse) facility shall not be located any closer than two thousand (2,000) feet to a similar type of facility.
(6)
Fast food restaurants provided that no residential structure is located within a three hundred (300) foot radius of the building lot upon which the fast food restaurant will be located. This conditional use shall be permitted with the following conditions:
(a)
The proposed use must be situated within a larger commercial site located on a State or County highway.
(b)
The proposed use will have a minimum separation distance of three hundred (300) feet from any existing residential dwelling.
(c)
The proposed use shall be architecturally compatible with the overall commercial site.
(7)
Mixed use development, without Continuing Care Retirement Communities (CCRC), assisted living facilities, nursing and convalescent homes, congregate care facilities, or long-term care facilities, shall be a conditional use that is permitted subject to the following conditions:
[Added 7-28-14 by Ord. No. 2014-15; amended 10-20-14 by Ord. No. 2014-23; 3-1-16 by Ord. No. 2016-02; 7-6-2023 by Ord. No. 2023-23; 4-2-2024 by Ord. No. 2024-6; 12-3-2024 by Ord. No. 2024-32]
(a)
Mixed use development shall be permitted only on property directly accessed by a county road. Mixed use development shall not be permitted on property that is accessed solely by a municipal roadway.
(b)
Any mixed use development shall include retail/commercial space, permitted on the first floor of a residential multi-family apartment complex, or as a separate pad site. Residential multi-family apartments shall be age restricted.
(c)
The residential component of a mixed use development shall be in conjunction with no less than 90,000 square feet of retail/commercial space. In order to ensure the required retail/commercial uses are constructed in accordance with the residential component, the following schedule shall be met:
[1]
No more than 50% of residential/noncommercial may be completed with 0 square feet of commercial certificate of occupancy.
[2]
One (1) commercial pad site shall be completed and have received a certificate of occupancy before the certificate of occupancy of 75% of residential/noncommercial is issued.
[3]
Two (2) commercial pad sites shall be completed and have received certificate of occupancy before the certificate of occupancy of 100% of residential/noncommercial is issued.
(d)
All multi-family residential units shall be age-restricted and limited to one- and two-bedroom units. One-bedroom units shall be no less than 800 square feet, two-bedroom units shall be no less than 1,100 square feet.
(e)
The maximum density permitted for age-restricted multi-family residential mixed use development shall be 11 units per acre. Pinelands Development Credits shall be purchased and redeemed for twenty-five percent (25%) of all residential units within a mixed use development.
(f)
Mixed use development shall be permitted only on property within a Pinelands Regional Growth Area.
(g)
The proposed mixed use development shall comply with the minimum parking requirements set forth in Section 55-173 of the Barnegat Township Land Use Code. The provisions of Section 55-173(D)(4) regarding shared parking standards shall be available to developments seeking conditional use approval under this section.
(h)
All mixed development shall conform to the following conditional bulk standards, which bulk standards shall supersede the Schedule of Area, Yard and Building Requirements found in Section 55-62 for the C-N Commercial Neighborhood Zone:
[1]
Minimum lot size of 13 acres.
[2]
Minimum lot frontage of 1,200 feet on a County Road.
[3]
Minimum lot depth of 400 feet.
[4]
Minimum front yard setback of 50 feet.
[5]
Minimum side yard setback of 10 feet.
[6]
Minimum combined side yard setback of 35 feet.
[7]
Minimum rear yard setback of 30 feet.
[8]
Maximum building lot coverage of 50%.
[9]
Maximum building height of 4 stories or 48 feet.
(8)
Condominium development.
[Added 4-4-2017 by Ord. No. 2017-12]
(a)
A condominium development shall only be permitted on property directly accessed by a county road. A condominium development shall not be permitted on property that is accessed solely by a municipal roadway.
(b)
A condominium development shall be permitted only on property located within the Pinelands Regional Growth Area.
(c)
Ownership of the condominium units shall be in accordance with the provisions of N.J.S.A. 46:4B-1 et seq. The form of the master deed, the covenants and restrictions for the community and the bylaws of the homeowners association shall be subject to review and approval by the Planning Board and the Township Committee. In addition, the covenants and restrictions shall provide that same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township, by resolution duly adopted at a regular meeting of the Township Committee.
(d)
All units shall be age-restricted and limited to one- and two-bedroom units. One-bedroom units shall be no less than 800 square feet. Two-bedroom units shall be no less than 950 square feet with a minimum of 70% of the two-bedroom units having no less than 1,100 square feet.
[Amended 5-8-2020 by Ord. No. 2020-5]
(e)
The maximum permitted density for age-restricted occupied condominium units shall be fifteen (15) units per acre. A maximum of 20% affordable housing set-aside may be provided as set forth in the Fair Housing Act, N.J.S.A. 52:27D-329.9. Not more than 10 of the affordable units may be low-income and the remaining shall be moderate-income. Pinelands Development Credits shall be purchased and redeemed for twenty-five percent (25%) of all units in the condominium development. Redemption of Pinelands Development Credits shall not be required for affordable housing units provided to meet the requirements of the Fair Housing Act, N.J.S.A. 52:27D-329.9, provided such affordable units do not exceed 20% of the total number of proposed units. All affordable units shall comply with the New Jersey Uniform Housing Affordability Controls and shall be managed by the Township's Administrative Agent for Affordable Housing. The developer shall be required to enter into a developer's agreement with the Township to effectuate same.
[Amended 5-8-2020 by Ord. No. 2020-5]
(f)
The condominium development shall include a clubhouse and other outdoor recreation amenities to be approved by the Planning Board, which may include amenities such as picnic pavilions, tables benches, grills, bocce, horseshoe pits, fire pits, and the like, for sole use by the residents of the development and their guests. A clubhouse shall be provided for all projects having 50 or more units and shall provide 17 square feet of indoor area per unit, but shall not be less than 1,000 square feet in area.
[Amended 5-8-2020 by Ord. No. 2020-5]
(g)
The proposed condominium development shall comply with the minimum parking requirements set forth in § 55-173 of the Barnegat Township Land Use Code. No additional parking above what is required for the condominium units shall be required for the clubhouse and outdoor recreation area.
[Amended 5-8-2020 by Ord. No. 2020-5]
(h)
A dense vegetative buffer having a minimum width of fifty (50) feet shall be provided from any adjoining lots zoned for or occupied by single family residential dwellings.
(i)
All condominium development shall conform to the following bulk standards, which bulk standards shall supersede the Schedule of Area, Yard and Building Requirements found in Section 55-62 for the C-N Neighborhood Commercial Zone:
[1]
Minimum lot size of 9 acres
[2]
Minimum lot depth of 300 feet
[3]
Minimum front yard setback of 50 feet
[4]
Minimum side yard setback of 10 feet
[5]
Minimum combined side yard setback of 35 feet
[6]
Minimum rear yard setback of 30 feet
[7]
Maximum lot coverage by building of 50%
[8]
Maximum building height of 3 stories or 48 feet.
(9)
Hotel/motel shall only be located on property directly accessed by a County Road and within 1,000 feet from the Garden State Parkway. The maximum permitted building height for a hotel/motel in the C-N District shall be 60 feet.
[Added 2-2-2021 by Ord. No. 2021-4[1]]
[1]
Editor's Note: This ordinance also changed the title of this section from "C-N Neighborhood Commercial Zone" to "C-N Neighborhood Commercial Zone West of Parkway."
(10)
Mixed use development, with Continuing Care Retirement Communities (CCRC), assisted living facilities, nursing and convalescent homes, congregate care facilities, or long-term care facilities may be permitted in the C-N Zone, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the C-N Zone and the following standards:
[Added 2-2-2021 by Ord. No. 2021-4; amended 7-6-2023 by Ord. No. 2023-23; 4-2-2024 by Ord. No. 2024-6; 12-3-2024 by Ord. No. 2024-32]
(a)
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(b)
The site shall be located in a Pinelands Regional Growth Area, and within 1,000 feet of the Garden State Parkway and have frontage on and have primary direct access to and from a county road or a New Jersey State Highway or a Barnegat Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building requirements shall be the same as those established for the particular zoning district within which the facility is located.
[d]
Maximum building coverage:
[I]
50% combined coverage when CCRC, assisted living facilities, nursing and convalescent homes, congregate care, and long-term care facilities is associated with a mixed-use commercial development.
[II]
20% for stand-alone CCRC, assisted living facilities, nursing and convalescent homes, congregate care, and long-term care facilities.
[2]
Maximum principal building height: 40 feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-129, provided that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed four usable floors (stories) and 50 feet in height. For purposes of maximum building height for this section only, Garden State Parkway setbacks shall be considered side yard or rear yard setback for lots that front County roadways.
[3]
Maximum accessory building height: 35 feet.
[4]
Maximum residential density:
[I]
A maximum residential density of 17 dwelling units per acre shall be permitted within a mixed use development under this subsection and shall consist of a combination of the following types of units:
[5]
Pinelands Development Credits shall be purchased and redeemed for all multi-family residential units, independent living units and assisted living units as follows:
[I]
Pinelands Development Credits shall be purchased and redeemed for twenty-five percent (25%) of all multi-family residential units;
[II]
Pinelands Development Credits shall be purchased and redeemed for twenty percent (20%) of all independent living units associated with a CCRC and all assisted living units.
[6]
Mixed Use Development shall also require meeting all conditions noted in § 55-57C(7)(a) through (d) and (f) through (g) above.
(d)
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
(e)
Support services, functions and facilities within a facility or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health/congregate care facilities and services, including but not limited to, short term rehabilitation, memory care, acute care, convalescent services, nursing beds, palliative care, hospice, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
[11]
Medical day care/social day care (adult day services).
[12]
Personal care centers (haircutting, shampooing, personal grooming, etc.).
(f)
Parking facilities for residents, employees and visitors of the CCRC and/or assisted care facility shall be provided based on a total of the following:
[1]
[a]
One space per two (2) state licensed assisted living dwelling units. Provided however, that the applicant shall be allowed to provide, as the time of initial construction, one parking space for every three (3) dwelling units but reserve an adequate area for future construction of the additional required parking space should the actual operating experience demonstrate that the amount of parking initially provided is insufficient.
[b]
One (1) space per every three (3) congregate care units.
[2]
One space per day-shift employee.
[4]
Where fractional spaces result in the calculation of the requirements, the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all applicable standards of federal, state and county regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare.
D.
Special Requirement for C-N Zones in the Pinelands Area.
(1)
All uses, other than residential uses, which are listed as permitted, accessory, or conditional uses in the PF Zone, shall be considered as permitted uses in the C-N Zone in the Pinelands Area.
(2)
In addition to the uses listed in subparagraph (1) above, all uses listed in paragraph A., above, may be permitted in all Pinelands Area C-N zones where such zones are located within a Pinelands village or regional growth area.
(3)
Notwithstanding the Schedule of Area, Yard and Building Requirements, the minimum lot size for retail sales and service establishments in the Pinelands Area shall be forty thousand (40,000) square feet, or larger where necessary to comply with Article XIX of this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
(a)
Notwithstanding the minimum lot areas set forth above and in the Schedule of Area, Yard and Building Requirements, no such minimum lot area for a nonresidential use in the forest area of C-N zones shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
(4)
With the exception of a mixed use development or condominium development, any variance or other approval for a residential use in the Regional Growth portion of the CN Zone shall require that Pinelands development credits be used for fifty percent (50%) of the authorized units for parcels under then (10) acres in size; for seventy-five (75%) of the authorized units for parcels between ten (10) and twenty (20) acres in size and for one hundred percent (100%) of the authorized units for parcels over twenty (20) acres in size. For a mixed use development, the use of Pinelands Development Credits shall be as stipulated in Section 55-57C(7) of the Land Use Ordinance. For a condominium development, the use of Pinelands development credits shall be as stipulated in Section 55-57C(8) of the Land Use Ordinance.
[Amended 6-4-01 by Ord. No. 2001-15; 10-20-14 by Ord. No. 2014-23; 4-4-2017 by Ord. No. 2017-12]
(5)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 6-4-01 by Ord. No. 2001-15]
(6)
Any municipal variance approval which grants relief from the density or lot area requirements set forth in the Schedule of Area, Yard and Building Requirements for a residential or principal nonresidential use in the Pinelands Village portion of the CN Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 7-16-01 by Ord. No. 2001-29]
§ 55-58 through § 55-60. (RESERVED)
[Deleted 6-19-89 by Ord. No. 1989-19]
§ 55-61 (RESERVED)
[Deleted 8-20-90 by Ord. No. 1990-26]
§ 55-62 SCHEDULE OF AREA, YARD AND BUILDING REQUIREMENTS.
[Amended by Ord. No. 1997-16]
The minimum building lot requirements in each of the above specified districts shall be as defined in the Schedule of Area, Yard and Building Requirements attached hereto and adopted as part of this chapter. (See Appendix A and Appendix B)
§ 55-63 CLUSTER DEVELOPMENT.
[Amended 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 45-93 by Ord. No. 1993-8 § 19]
A.
The purpose of this section is to provide a method of developing land in certain districts to set aside desirable open spaces, common property, conservation areas, floodplains, school sites, recreation areas and parks. The generation of these areas is brought about by permitting a reduction in lot sizes without increasing the number of lots.
B.
Cluster developments may be approved at the discretion of the Board in accordance with the following standards:
[Amended 7-16-01 by Ord. No. 2001-29]
(1)
All dwelling units shall be connected to approved and functioning central water and sanitary sewage treatment systems.
(2)
The maximum number of lots shall be expressed in lots per gross acre of land as set forth in this section.
(3)
A cluster development must consist of at lease one (1) or more contiguous tracts of land containing not less than thirty (30) acres.
C.
All open space lands shall meet the following requirements:
(1)
The minimum size of any parcel shall be two (2) acres.
(2)
It shall be an integral part of the development and shall be located to best suit the purposes(s) for which it is intended.
(3)
Every parcel offered to and accepted by the Township shall be conveyed by deed at the time final plat approval is granted, and such acceptance is subject to any conditions the Township may impose. Said deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.
(4)
Any lands offered to the Township shall be subject to approval by the governing body after review and recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
(5)
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions, approved by the Board, which ensure that:
(6)
All lands set aside for open space shall be developed with active and passive recreational facilities to serve the needs of the future resident population. The Board shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open spaces. Active and passive recreational facilities shall include but not be limited to ballfields, multipurpose fields, tennis courts, multipurpose court areas, children's playground equipment, passive picnic or sitting areas, swimming pools, bicycle paths and jogging trails.
(7)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of fifty (50) feet and periodically widening out into significant and usable recreation areas.
(8)
The configuration of the open space area should be so arranged that connections can be made to existing or future adjacent open spaces.
(9)
Land is dedicated for open spaces shall include, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of a scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements.
(10)
Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this subsection, the Building Inspector shall, from time to time following the approval of the cluster development, review building permits and shall make an inspection of open space and recreational facilities to examine the work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report back to the Township Committee, which may take such action as it may deem appropriate, including the issuance of stop-work notices or revocation of building permits until such time as parity in development has been reached.
(11)
The Board may require a subdivider to make certain site preparation improvements to the open spaces. The Board may provide that said site preparation improvements are made a part of the plan and are noted therein. Some may include the following:
(a)
Removal of dead or diseased trees.
(b)
Thinning of trees or other growth to encourage more desirable growth.
(c)
Removal of trees in areas planned for ponds, lakes or active recreational facilities. The Board may require the assistance of experts to determine the foregoing.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
(12)
Wherever possible, all the following land areas and features shall be preserved as open space:
(13)
Building lot standards. Whenever possible, buildings shall front on culs-de-sac, loop streets or P-loops. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.
(14)
Utilities. All utilities shall be underground, and water and sewerage facilities shall be centralized, with no individual wells, septic tanks or cesspools permitted.
D.
Districts Permitted.
(2)
The exercise of the clustering option shall be contingent upon the availability and provision of public/private sanitary sewer facilities and potable water supply. Plan review shall be required by the appropriate municipal agency for all cluster developments. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
E.
Required Findings by the Planning Board. Prior to granting approval of any cluster (reduced lot size) development election the Planning Board must find that:
(1)
Sanitary sewer collection and treatment facilities are available to and are to be provided to the proposed development.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(4)
Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.
(5)
There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.
(6)
The proposal is consistent with the intent and purpose of the Master Plan.
F.
Maximum Density. The maximum density of residential building lots for cluster development in each of the specified districts shall be as defined in the Schedule of Area, Yard and Building Requirements attached hereto and adopted as part of this chapter. In any event, the overall permitted density shall be calculated on a gross-acreage basis where gross acreage is the entire area of the tract prior to development.
The minimum lot size and open space requirements for each of the specified districts are as follows:
Minimum Lot Size (Sq. Ft.) | |||
|---|---|---|---|
Zone | Base | With PDC | Percentage of Open Space |
RL | 29,000 | 14,500 | 20 |
RL/AC | 29,000 | 14,500 | 20 |
G.
Area, Yard and Setback Requirements. The minimum building lot requirements for cluster development in each of the specified districts shall be as defined in the Schedule of Area, Yard and Building Requirements attached hereto and adopted as part of this chapter.
§ 55-64 CULTURAL HOUSING.
[Added 6-5-89 by Ord. No. 1989-14; amended 12-16-96 by Ord. No. 1996-60 § 26]
A.
Residential dwellings on three and two-tenths (3.2) acre lots may be permitted in any Pinelands Area zoning district, provided that:
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(2)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous (5) years;
(3)
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
(4)
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five (5) years and that person or one (1) or more members of that person's immediate family has resided in the Pinelands for a total of at least twenty (20) different years.
B.
Residential dwelling units on one (1.0) acre lots may be permitted in any Pinelands management area, provided that:
[Added 7-16-01 by Ord. No. 2001-29]
(1)
The applicant satisfies all of the requirements set forth in paragraph A above;
(2)
The lot to be developed existed as of February 8, 1979 or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim Rules and Regulations prior to January 14, 1981;
(3)
The applicant qualifies for and receives from the Township a variance from the three point two (3.2) acre lot size requirement set forth in paragraph A above;
(4)
The applicant purchases and redeems one-quarter (0.25) Pinelands development credits; and
§ 55-65 PAC - PLANNED ADULT COMMUNITY.
[Amended 6-20-88 by Ord. No. 1988-27; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 12-16-96 by Ord. No. 1996-60 § 27; 2-2-98 by Ord. No. 1998-2 § 3; 5-1-00 by Ord. No. 2000-11 § 4]
A.
Definition. A "planned residential retirement community," hereinafter referred to as "PAC," is defined as a community having one (1) or more parcels of land with a contiguous total acreage of at least one hundred (100) acres forming a land block to be dedicated to the use of a planned retirement community. Through its corporation, association or owners, said land shall be restricted, by by-laws, rules, regulations and restrictions of record, to use by permanent residents in their late adult years. Ownership of the residential units and the area comprising a PAC may be in accordance with the provisions of N.J.S.A. 46:8B-1 et seq., or the ownership may be as is commonly referred to as "fee simple" with open space be maintained through assessment against property owners within the confines of said community.
C.
Permitted Uses.
(1)
Single-family detached dwellings and semidetached dwellings.
(2)
Attached single-family dwellings (multiple-family dwellings) with no side yard between adjacent buildings, but no more than four (4) such units so attached (townhouses).
(3)
Recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, swimming pool, shuffleboard courts and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that the applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the community, and no advertising shall be permitted.
D.
Accessory Uses. Necessary accessory buildings and uses shall be permitted, including facilities for maintenance, administration, streets and off-street parking facilities and utilities.
E.
Schedule of Minimum Requirements.
(1)
Minimum area. The minimum area for a planned residential retirement community shall be one hundred (100) contiguous acres under one (1) ownership or control, provided that an area less than one hundred (100) acres may be added to an existing PAC if contiguous thereto and if in compliance with the provisions of this section.
(2)
Gross residential density. There shall be no more than two and twenty-five hundredths (2.25) dwelling units per acre. Same shall be calculated by dividing the proposed number of dwelling units by the number of acres in the development, excluding land under permanent bodies or flowing steams of water preexisting development of the tract and one-half (1/2) of all land within a floodplain area, as defined either in this chapter or any other ordinance of the Township of Barnegat.
(3)
Height of buildings. The height of any building shall not exceed thirty-five (35) feet and shall be limited to two and one-half (2 1/2) stories; provided, however, that water towers and attendant facilities and similar structures shall have no height limit but shall be reviewed on an individual basis.
(4)
Green area or open space. Not less than twenty percent (20%) of the entire acreage of the PAC tract shall be used for a green area or open space. "Green area" or "open space," for the purpose of this section, is defined as those areas of the PAC tract not committed to use for residential buildings and public or private rights-of-way. There may be included in the green area those areas used for recreational purposes.
(5)
Minimum lot size.
(a)
Minimum lot size for single-family detached dwellings in the PAC shall be five thousand (5,000) square feet with a width of not less than fifty (50) feet.
(b)
Attached dwellings or townhouses shall have a minimum lot size of one thousand five hundred (1,500) square feet for each unit. The minimum width of such townhouse units shall be twenty (20) feet at the building setback line.
(6)
Single-family dwelling setbacks. Front yards, side yards and rear yards of single-family dwelling buildings shall comply with the following minimum dimensions:
(a)
Front yard setbacks shall be at least twenty (20) feet. On a corner lot, all residential buildings shall be at least twenty (20) feet from any street upon which the lot does not front.
(b)
A side yard shall be a minimum of five (5) feet with a total of both side yards being fifteen (15) feet on each lot. In no event, however, shall buildings be less than fourteen (14) feet apart.
(c)
Rear yard setbacks for the principal structure shall be at least twenty (20) feet. However, the rear yard setback for decks, porches and Florida rooms shall be ten (10) feet.
(7)
Attached dwelling setbacks. Attached dwelling units or townhouse structures shall have the following front yard, side yard and rear yard setbacks:
(8)
Buffer zone. Buffer areas are required around the perimeter of all planned adult communities, including along all road frontages. No building or structure other than entrances, gatehouses, walls and fences shall be located within fifty (50) feet of any exterior boundary line of the tract.
(10)
Off-street parking requirements shall be in accordance with the provisions of this chapter.
(11)
Internal walkways shall maintain a minimum of three (3) foot side yard setback.
[Added 7-5-2022 by Ord. No. 2022-17]
F.
Plan review shall be required by the appropriate municipal agency for all proposed PAC development. All submissions, review procedures, development review fees, site plan regulations, permits and approvals, design and performance standards, zoning district regulations and compliance shall conform to the provisions as set forth in this chapter.
G.
Streets.
(1)
Streets may be either dedicated to the public use or private in nature, at the option of the Township Committee. In any event, same shall be constructed in accordance with the provisions of this chapter.
(2)
With the exception of those roads which required to be dedicated for public use by either the Board, the Township Committee or the County of Ocean, all roads are to remain private roadways and are to be the property and responsibility of a homeowners' association or analogous body for the care and maintenance of the roadways, green areas and recreational facilities. Provisions shall be made for the permanent maintenance of private roadways located within a PAC so that such roadways shall not become the obligation of the Township of Barnegat.
H.
Screening Strips. There shall be provided an adequate screening strip along the exterior boundary lines of a PAC, which screening strip shall consist of fencing or plantings, or a combination of both, the adequacy of which shall be determined by the Board.
I.
Water and Sewer Facilities. No individual wells or individual sewage disposal systems shall be permitted. Each dwelling unit shall be serviced by a central water system and waste disposal system approved by the jurisdictional utility and all applicable bodies. The implementation and placement of these facilities shall be subject to the requirements of this chapter.
J.
Maintenance of Association-Owned Properties. The maintenance of the green areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The applicant shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the nonprofit association shall cease to function through lack of participation of its members, or be dissolved, the Township of Barnegat shall have the right by special assessment to assess the lot owners in the development or tract, annually, a sum of money which would be sufficient to pay the taxes on said park, recreational and other areas and for the proper upkeep, maintenance and preservation of same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township, by resolution duly adopted at a regular meeting of the Township Committee and except upon proper notice being given by the applicant or any other party in interest to all owners of lots in the PAC.
K.
Recreational Areas.
(1)
There shall be in each PAC at least one (1) clubhouse or community building. There shall be at least six (6) square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the 100th dwelling unit has been completed and a certificate of occupancy issued therefor.
(2)
Each PAC shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include, but shall not be limited to, such facilities as shuffleboard lanes, barbecue grills, picnic benches and indoor recreation facilities. Swimming pools not less than two thousand five hundred (2,500) square feet in size shall be required. Such additional recreational facilities may be required by the Board, in its discretion, as will be beneficial to the residents of the community. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall be provided with adequate walkways. Underground irrigation shall be installed for such areas.
(3)
Where a PAC is a conventional fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and green areas shall be dedicated to a homeowner's association or analogous body.
L.
Procedural Requirements.
(1)
All subdivision plans and site plans shall be submitted to the Board in accordance with the requirements of this chapter.
(2)
At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted:
(3)
Said documents shall be forwarded to the Board and shall be subject to the review of the Planning Board and of the Township Committee as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.
(4)
In addition to the foregoing, it shall be mandatory for any applicant to provide the Board and the Township Committee with copies of all submissions to be made to any state agency, pursuant to the Retirement Community Full Disclosure Act, at all stages of development.
M.
Use of Pinelands Development Credits to Increase Density.
(1)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 6-4-01 by Ord. No. 2001-15]
(2)
A density bonus of one (1) residential unit shall be yielded for each one-quarter (1/4) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed one and one-half (1 1/2) times the number otherwise permitted in this section. The maximum number of dwelling units permitted shall be four (4) per gross acre.
(3)
All applications in which the use of Pinelands development credits is proposed shall be referred to the Planning Board and the Pinelands Commission for review and certification.
(4)
No permit shall be issued for any development using Pinelands development credits to increase residential density unless the Pinelands Commission shall first certify in writing that credits are owned by the applicant and that the same credits have not been or are not being used to secure density bonuses elsewhere.
N.
Affordable Housing Requirements. All Planned Adult Communities (PAC) shall provide low and moderate income housing in accordance with the following requirements. The development must provide one of the following:
(1)
A minimum of ten percent (10%) of the units within the development shall be set aside for low and moderate income households. The units shall be developed in accordance with the requirements for inclusionary developments included in this chapter.
(2)
The developer has the option to develop affordable family (non-age restricted) housing off-site, in lieu of developing senior affordable housing on-site. The developer shall be responsible for developing a minimum number of affordable family units equal to five percent (5%) of the total number of units in the PAC. This option is subject to the following:
(a)
The applicant must demonstrate that utilizing this option will not impinge upon the Township's ability to address the needs of seniors to the extent the Township is permitted; and
(b)
The applicant selecting sites for the construction of affordable family housing that are acceptable to the Township and Planning Board, and the court.
(3)
The applicant may present a proposal for advancing the Township's affordable housing objective, which proposal would be subject to the approval of the Township, Planning Board, and the court.
§ 55-66 PI - PLANNED INDUSTRIAL ZONE.
[Amended 4-3-89 by Ord. No. 1989-8; 8-20-90 by Ord. No. 1990-26; 12-16-96 by Ord. No. 1996-60 § 28]
A.
All uses, other than residential and institutional uses, which are listed as permitted or conditional uses in the PF Zone, shall be permitted uses in the PI Zone.
§ 55-75.1 Statutory Authorization, Findings of Fact, Purposes and Objectives.
[Added 6-1-92 by Ord. No. 1992-8]
A.
Statutory Authorization. It is the responsibility of the local government to adopt regulations designed to promote the public health, safety and general welfare. Such power has been delegated to the municipalities from the legislature of the State of New Jersey. The Township Committee of the Township of Barnegat in order to better promote the public health, safety and general welfare of its citizens does ordain as follows:
B.
Findings of Fact. Pursuant to N.J.S.A. 2C:34-2(b), the legislature of the State of New Jersey has determined that it is a fourth degree crime to sell, distribute, rent or exhibit material which is obscene. Consequently, the State of New Jersey has pre-emptied the Township of Barnegat from prohibiting the sale of material which the Township believes to be obscene. However, in order to promote the public health, safety and general welfare of its citizens, the Township of Barnegat may promulgate reasonable time, place and manner regulations with respect to the sale, distribution, rental or exhibition of various items by sexually oriented businesses.
(1)
The Township of Barnegat has determined that sexually oriented businesses have a deleterious effect on both the existing businesses adjacent to such establishments as well as the surrounding residential areas; cause increased crime, especially prostitution; adversely affect property value; create an atmosphere which is inimical to the values of a significant segment of the Township's population; encourage residents and businesses to move elsewhere and that such sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.
(2)
The City of Amarillo, Texas, prepared a study entitled "A Report on Zoning and Other Methods of Regulating Adult Entertainment Uses in Amarillo", which report concluded that adult entertainment businesses are distinguishable from other types of businesses in that they have a negative impact on surrounding land uses. This study established a relationship between high crime rates and proximity to adult businesses. The study further found that the late operating hours of most adult businesses created special problems to surrounding neighborhoods in the form of noise, glare and traffic.
(3)
The municipality of Beaumont, Texas, prepared a Planning Department Study with respect to one neighborhood of that municipality which investigated the effect of adult businesses on economic decline and crime. That municipality concluded that the concentration of adult businesses drove away neighborhood commercial stores and contributed to an increase in crime such as prostitution, drug use and muggings.
(4)
The City of Indianapolis, Indiana, prepared a report in February, 1984. This study concluded that sex related crime rates were seventy-seven percent (77%) higher in areas containing adult businesses as opposed to areas which did not. The study further surveyed real estate appraisers not only from the City of Indianapolis, but also from across the nation which concluded that seventy-eight percent (78%) to eighty percent (80%) of those surveyed felt that residential property values would decrease if located within a block of an adult business. Finally, it was concluded that even relatively passive adult entertainment businesses such as "adult book stores" have serious negative effects on their immediate environment.
(5)
The Department of City Planning for the City of Los Angeles, California, has surveyed real estate appraisers to assess the impact of adult oriented businesses on property values. Over ninety percent (90%) of the appraisers surveyed felt that the concentration of adult businesses would decrease the market value of private residences located within one thousand (1,000) feet of the adult business. Eight-seven percent (87%) indicated that the concentration of adult businesses would decrease the market value of business property located in the vicinity as such establishments.
(6)
The Department of Regional Planning for the County of Los Angeles, California has surveyed law enforcement officers and concluded that areas with a concentration of adult businesses have a higher incidence of public intoxication, theft, assault, disturbing the peace, and sex related vice.
(7)
The City of Phoenix, Arizona, has concluded through three separate studies that in areas containing adult businesses, crime were forty-three percent (43%) higher, violent crimes were four percent (4%) higher, and sex related crimes were over five hundred percent (500%).
C.
Purpose and Objectives. It is the purpose of this section to regulate sexually oriented businesses to minimize and control the adverse effects recognized in the preceding section and to promote the public health, safety and general welfare of the citizens of the Township of Barnegat. The Township Committee of the Township of Barnegat finds that the secondary effects of adult entertainment establishments, as established through the reports and studies of other cities and municipalities with the appropriate resources to conduct same is deleterious and inimical to health, safety and general welfare of the residents of the municipality. It is not the purpose of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment not will this section have the effect of restricting or denying such access.
§ 55-75.2 Definitions.
[Added 6-1-92 by Ord. No. 1992-8]
As used in this section:
Shall mean any place to which the public is permitted or invited where coin operated or slug operated or electronically, electrically or mechanically controlled still or image-producing devises are maintained to show images to one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Shall mean a commercial establishment which as one of its principal business purposes offers for sale or for rental for any form of consideration any one or more of the following:
Books, magazine, periodicals or other printed material, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devises, or paraphernalia which are designed for use in connection with specified sexual activities.
Shall mean a nightclub bar, restaurant, or similar commercial establishment which regularly features:
Shall mean a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and which
Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less then ten (10) hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
Shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion picture theaters shall meet the seating criteria established for Adult Theaters.
Shall mean a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
Shall mean the exhibition to the senses of another person for valuable consideration whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
Shall mean the appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts.
Shall mean the definition of obscene materials set forth in C. 95, L. 1978 as amended by C. 211, Section 1, L. 1982 (effective December 23, 1982 as N.J.S.A. 2C:34-2) as same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
Shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.
Shall mean an adult arcade, adult book store or adult video store, adult cabaret, adult motion picture theater or adult theater.
Shall mean
Shall mean and includes any of the following
The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) through (3).
§ 55-75.3 Location of Sexually Oriented Businesses.
[Added 6-1-92 by Ord. No. 1992-8]
A.
It shall be a violation of this section if a person operates or causes to be operated or allows to be operated a sexually oriented business:
(1)
Within one thousand (1,000) feet of a place of worship;
(2)
Within one thousand (1,000) feet of any school, whether public or private or within one thousand (1,000) feet of any school bus stop;
(3)
Within one thousand (1,000) feet of a boundary of a growth area, village or rural development district;
(4)
Within one thousand (1,000) feet of any other sexually oriented business;
(5)
Within one thousand (1,000) feet of any residential use;
(6)
Within one thousand (1,000) feet of any public park or playground.
B.
Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a residential district, a public park or playground, a lot devoted to residential use or a school bus stop.
C.
A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the establishment of the sexually oriented business of a place of worship, school, public area, residential district, or residential lot within one thousand (1,000) feet of the sexually oriented business.
D.
Sexually oriented businesses shall conform with design standards and development requirements established through the ordinances of the Township of Barnegat.
§ 55-75.4 Enforcement.
[Added 6-1-92 by Ord. No. 1992-8]
A.
Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed one thousand ($1,000.00) dollars, or a term of imprisonment not to exceed ninety (90) days or both. In no event shall any person violating this section upon conviction receive a fine below the amount of one hundred ($100.00) dollars.
B.
Each day a sexually oriented business is in operation, in violation of this section, each such day shall constitute a separate offense under this section.
C.
Each separate film, video cassette or other visual reproduction or each showing of live entertainment which is displayed to another in violation of this section is a separate offense under this section.
§ 55-75.5 Repealer.
[Added 6-1-92 by Ord. No. 1992-8]
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of any such inconsistencies.
§ 55-75.6 Severability.
[Added 6-1-92 by Ord. No. 1992-8]
Should any section, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid for any reason, the remaining portions of this section shall not be affected thereby and shall remain in full force and effect and to this end the provisions of this section are hereby declared severable.