General Requirements.

Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.

Accessory buildings shall not exceed fifteen (15) feet in total maximum height, to highest point, as measured from average finished grade.

Accessory buildings shall not occupy a front yard in any zone and no more than thirty-five percent (35%) of the available rear yard area in any zone.

Detached accessory buildings shall not be located closer to the street than the front building line of the principal structure and shall be governed by the schedule of requirements for the side and rear yard setback limits.

General. All land subdivision and development shall comply with the minimum landscape architectural standards set forth herein or provide a more appropriate design relative to the specific aspects of a particular site or development proposal with the approval of the board of jurisdiction. The board of jurisdiction may require additional landscape development beyond the standards set forth if necessary to provide appropriate landscape development relative to the nature of the site and the development thereof. All landscape development should be designed to enhance the visual quality of the site and adjacent properties; provide safe vehicular and pedestrian circulation; protect against potential natural and man-made hazard; enhance the microclimate of areas for human activity; and promote the protection of health, safety and welfare.

Streetscape. Landscape architectural development of the streetscape shall be provided in conjunction with all development, on all existing and proposed roads upon which the site of development has or creates frontage. Improvements consistent with one (1) of the following streetscape concepts, or an alternative concept of more appropriate design, shall be provided:

Cul-de-Sac and Traffic Islands. Cul-de-sac and traffic planting islands provide the opportunity to soften the harshness of large paved areas, create visual interest, increase groundwater recharge, screen headlight glare into residences and preserve valuable existing vegetation. Planted traffic control islands should be provided as necessary and appropriate to define vehicular or pedestrian circulation. The following standards address the planting of islands in the turnaround portion of cul-de-sac roads; provided, however, that there remains sufficient turning radius for fire-fighting equipment and other emergency equipment. For other islands, a landscape design consistent with the concepts presented herewith should be provided. Planting of islands within parking areas shall conform to the standards set forth in paragraph G of this section.

Stormwater Areas. Stormwater management areas include retention and detention basins, drainage ditches and swales. This paragraph does not apply to underground stormwater recharge areas, which may only be planted if approved by the Board Engineer. Sensitively designed basins and swales can be a visually pleasing benefit to the health, welfare and safety of Barnegat Township residents. The general design concept of these areas should be to de-emphasize their function creating aesthetic landscape features. Improvements consistent with one (1) of the following concepts, or an alternate concept of more appropriate design, shall be provided:

Open space. As a landscape feature and asset, open space is encouraged in all developments, even when not required. The objectives of the landscape treatment of open space is to provide the opportunity and space for active and passive recreation in all areas of human activity and residence, to protect and enhance the township's natural amenities such as wooded areas, water bodies and streams and to retain or create a visually pleasing image of Barnegat Township. The following standards shall apply:

Landscape Buffers. Landscape buffers are plantings, berms or grading and fences or walls provided within the buffer area as designated in Sections 55-162 and 55-162.1 or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the board of jurisdiction should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The board of jurisdiction may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:

Parking Areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of Section 55-173. Off-street parking and loading areas, with landscape architectural treatment shall be provided as follows:

Green Space. The landscape plan or site plan for all site plan and subdivision plan submissions shall address the planting of all green space in accordance with the standards set forth herein or another appropriate manner. In the site planning process, the provision and landscaping of green space or planting areas should be considered to enhance the visual quantity of a site and provide spatial or directional definition as follows:

Pedestrian spaces. All site plan and subdivision plans shall address pedestrian spaces and circulation. The objectives shall be to promote free and safe movement of pedestrians and bicycles into, in between and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:

Amenities/resources. All land development plans shall identify and locate potential historical resources and natural amenities such as specimen trees (as defined in paragraph M), bodies of water, streams, wetlands, windbreaks, groves of trees, hedgerows, orchards, unique vistas, old or unique structures, farmsteads, villages and historic structures, and landmarks. During the site planning process the designer shall attempt to preserve and enhance these features for present and future residents as follows:

Maintenance. Maintenance of landscape areas is a crucial part of any land development and must be addressed for all non-fee-simple residential development and all commercial development. Specifications for the perpetual maintenance of all outdoor areas on a site to assure a safe and attractive environment and to promote healthy growth of all plant materials shall be provided. This may take the form of a monthly schedule or a categorized guideline on the plans or in a separate document. The following areas shall be addressed: inspection, debris and weed control, irrigation (including watering of trees once per week during the first two (2) growing seasons), mulching, seasonal plantings, mowing of turf and wildflowers, pruning, fertilizer and amendments, insect and disease control, planting renovation, landscape structures, lighting and paved surfaces.

Selective Clearing and Protection of Vegetation. The preservation of existing vegetation is a crucial component in accomplishing the goals of this section. In order to maximize the opportunity to incorporate significant areas of existing vegetation into the design of the development, and to minimize damage to said areas during and subsequent to construction, the following standards shall apply:

Preservation of Specimen Trees. As used in this section, specimen trees shall include the largest known individual trees of each species in the State of New Jersey as included on the list of said trees maintained by the New Jersey Department of Environmental Protection, Bureau of Forestry which is incorporated herein by reference, or any trees which are equal to or larger than said listed trees; also the largest known individual trees of each species in the County of Ocean as included on a list of said trees maintained by the Ocean County Shade Tree Commission which is incorporated herein by reference or any trees which are equal to or larger than said listed trees; also any trees so designated by the Barnegat Township Shade Tree Commission. Specimen trees are an irreplaceable scientific and scenic resource. Often these trees have also been associated with historical events. As such, it is the declared legislative policy of Barnegat Township to preserve and protect specimen trees. In order to preserve and protect said trees the following standards shall be followed:

A cemetery shall be permitted to include as accessory uses such uses as are on the same lot and customarily incidental to the operation of a cemetery, such as a chapel, living quarters for a caretaker and storage facilities for maintenance equipment.

A maximum of two (2) identification signs may be permitted along any one (1) public road. The total sign area shall not exceed in square feet ten percent (10%) of the frontage along such public road, measured in feet, or one hundred (100) square feet, whichever is smaller.

Minimum setbacks:

A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to streets and adjacent properties and other physical features which might act as a deterrent to the general welfare.

Before issuing a permit, the approving authority shall determine that the following standards are met:

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Fire Commissioners or Board and in accordance with fire insurance rating organization standards.

Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Board Engineer and Fire Department and in accordance with fire insurance rating organization standards.

Two (2) sets of the proposed location plans and specifications for the structure or pool, including the areas surrounding the pool, including but not limited to any surrounding patio or deck. Such plans and specifications shall be under the seal of a Professional Engineer or Land Surveyor licensed by the State of New Jersey or, if not prepared by such Engineer or Land Surveyor, accompanied by the appropriate affidavit of the owner in those cases which such practice is permitted. Three (3) sets of architectural plans signed and sealed by an Architect licensed in the State of new Jersey or where permitted under the New Jersey Uniform Construction Code by the owner of the property.

The map prepared shall contain the following:

Foundation Location Plan. Prior to backfilling or obtaining a foundation inspection and commencing framing, placing the modular units or pre-fab units on the foundation as constructed, the New Jersey Professional Land Surveyor shall submit to the Zoning Officer one (1) copy of a plan showing the setbacks and elevations as to said as-built foundation and specifically showing the top of block elevation and any other critical floor elevation.

In a flood zone area, submission of a certified flood elevation certificate executed by a Licensed Engineer, Surveyor, or Architect in the State of New Jersey, or other person as stipulated and authorized in accordance with the Federal Emergency Management Act National Flood Insurance Plan, showing that the lowest habitable floor elevation is at or above the base flood elevation as shown on the approved FEMA FIRM map based on actual construction, not on plans.

Final As-Built Plan. Prior to the issuance of a certificate of occupancy, the Zoning Officer shall require four (4) copies of a certified as-built plan to be submitted, signed and sealed by a New Jersey Professional Land Surveyor. No fax submissions will be accepted in lieu of the required plan. For all site plans and major subdivisions, the plans submitted for a request for certificate of occupancy shall be reviewed by the Township Engineer, who will, in addition to said review, cause an on-site inspection and submit a written report to the Zoning Officer and/or Construction Code Official as to the status of all improvements required and as-built conditions that conform satisfactorily to the approved plans and a recommendation regarding whether or not a certificate of occupancy may be issued.

The plan shall be accompanied by a certification from a New Jersey Licensed Professional Land Surveyor certifying the plan has been prepared by him or herself and includes all the hereinafter-listed items.

Said certification shall further set forth that the proposed grading and floor elevation that are proposed will not detrimentally impact any adjoining owner. If applicable, that said plan conforms to approved site grading plan or, if not, that the changes are not significant to the approval and will in no way further impact adjoining properties and, further, that the plan provides for the proper on-site runoff and the grading is adequate to prevent ponding, severe erosion, and positive drainage away from the building construction. This plan shall be reviewed and approved by the Township Engineer prior to issuance of certificate of occupancy. The map prepared shall contain the following:

Fees.

Exceptions.

Certifications. In addition to any Certifications by Licensed Professional Engineers or Surveyors that may be required herein above, the owner of a property applying for a building permit involving any disturbance of land (including footings and foundations) or, claiming exemption from grading plan review shall submit a notarized certification to the Zoning Officer on the applicable certification form (See Exhibits A, B and C).

Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member, in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(ies) wherein the land is located.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall submitted prior to the granting of final approval.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (35) days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except where the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing, upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Township shall cease to maintain said open space and property at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest in the same offices and in the same manner as other taxes.

Minimum floor area per unit:

Appropriate areas shall be set aside for the recreational needs of the guests.

All garbage receptacles for storage and pickup shall be centrally located and easily accessible within a screened aboveground enclosure.

Such other performance standards as may be required by the approving authority.

The height limitations of this chapter shall not apply to any of the following structures: antennas which do not exceed a height of two hundred (200) feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy, provided that such structures are compatible with uses in the immediate vicinity and no fire hazard is created.

In the Regional Growth Area, quasi-public buildings and public buildings, schools, churches and other similar permitted uses may exceed the height limitations of this chapter, provided that such uses shall increase the front, rear and side yards one (1) foot for each foot by which such building exceeds the height limit established for the district within which the use is located, but in no case shall any building have a height greater than fifty (50) feet.

The height limitations of this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than thirty-five (35) feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

The minimum lot size upon which a kennel is an accessory use shall be one (1) acre.

No structures, enclosures, pens or runs shall be located closer than fifty (50) feet to any lot line.

Sufficient space shall be provided indoors for all animals kept at the facility, and no animals shall be kept out of doors between 9:00 p.m. and 7:00 a.m.

Not more than ten (10) dogs or cats or a combination thereof for each acre of lot area shall be kept at any time.

Outdoor runs or pens shall be visually screened from adjoining properties.

Any such kennel shall also be approved by the Board of Health to ensure proper sanitation and compliance with applicable State and local health codes.

The minimum parking requirements shall be defined in Appendix H, Schedule of Parking Requirements, attached hereto and adopted as part of this chapter. (Appendix H may be found at the end of this chapter.)

Miscellaneous criteria for calculating the amount of parking required. In computing the number of the above-required parking spaces, the following rules shall govern:

Where the required number of off-street parking spaces cannot be provided on site, the reviewing board may grant a waiver from the parking requirement with consideration given to whether or not acceptable alternate provisions can be made to accommodate the parking needs off site.

Parking requirements in the TC-CPHD, TC-CN, TC-CV and CC-CPHD Overlay Zones shall be provided as follows:

There shall be a minimum of one (1) space per retail or wholesale commercial and/or industrial use, except that where more than one (1) use shall be located in one (1) building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of loading spaces based on the number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses, and shall have site plan approval.

There shall be a minimum of one (1) trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If a container used for trash/garbage collection functions is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container(s) in no way interfere(s) with or restrict the loading and unloading functions.

Where any use is located on a tract of at least fifty (50) acres and no portion of a loading area, including maneuvering areas, is closer than two hundred (200) feet to any property line and where the length of the driveway connecting the loading area to the street is at least three hundred (300) feet, the number of off-street loading spaces may be less than the number required by the below schedule, provided that the applicant, as part of the site plan, shall document to the approving authority how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.

Required Number of Off-street Loading Spaces. The required number of off-street loading spaces shall be as follows:

Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.

Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.

No off-street loading and unloading area shall be permitted in any required front yard area.

Loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly serve the building for which the space is being provided. Loading spaces shall be located at least twenty (20) feet from any building being served. No off-street parking or loading space shall have direct access from a street.

No loading and parking spaces shall be located in any required buffer area.

Parking spaces located to serve multifamily residential uses shall be within one hundred fifty (150) feet of the entrance of the building and within three hundred (300) feet of commercial/industrial uses.

No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.

Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see § 55-171 "Lighting," in this Article.

Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.

Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection of the New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.

Vibrations.

Airborne Emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, N.J.D.E.P. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:

Noise Emissions.

Storage and Waste Disposal.

A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing articles of incorporation and trade name certificate, if any, required to be filed with the approving authority.

It is ascertained by the approving authority that the proposed use is a bona fide, nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.

It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the sale and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the district and that sufficient landscaping, including shrubs, trees and lawns, is provided to serve as a buffer between said use and the adjoining properties and in order to assure an attractive appearance for the use.

No building, structure or active recreation facility shall be located within fifty (50) feet of the lot line of a residentially zoned lot.

All storage areas, trash facilities, pits, lifts and working areas shall be within a building except as approved by the Board as part of a site plan application. All lubrication, oil changing, maintenance or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.

All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least sixty (60) feet and from any other property line at least fifty (50) feet. A minimum space of twenty-five (25) feet shall exist between any two (2) islands and between any island and the service station building.

No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six (6) motor vehicles may be located outside a service station building for a period not to exceed five (5) days, provided that the owners are awaiting the repair of said motor vehicles.

The exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed twenty percent (20%) percent of the total area of the entire site, the maximum sign area for a service station is not exceeded and that the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the traffic circulation indicted on the approved site plan.

It is intended that service stations be designed compatibly with other permitted commercial or industrial uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

Convenience stores or mini-marts may be permitted as an ancillary use to automotive filling stations provided that:

A canopy, consisting of a roof-like cover that is supported by bone or more columns or stanchions, without side walls, used primarily to shield fuel pumps from the elements, shall be permitted subject to the following:

Automotive repair garages shall have a lot area of not less than twenty thousand (20,000) square feet with a minimum frontage of one hundred twenty-five (125) feet on one (1) street. If the lot requirements for the zone are greater, that shall take precedence.

No outside oil drainage pits or hydraulic lifts shall be permitted.

Any repairs or motor vehicles shall be performed in a fully enclosed building.

All motor vehicles awaiting repair or under repair which are stored out-of-doors shall be screened from public view by a solid fence and/or evergreen plantings as required by the Planning Board or Board of Adjustment.

No motor vehicle awaiting repair or under repair may be stored out-of doors within the required front yard setback area within twenty (20) feet of any side or rear lot line or within fifty (50) feet of any adjoining residential lot, zone or use.

If gasoline or other fuel pumps are proposed, § 55-180 of this Code, pertaining to automotive filling stations shall also be applicable to the proposed use and site plan review.

The maximum lot coverage by buildings shall be twenty percent (20%) of the lot area.

The minimum unoccupied open space shall be thirty percent (30%) of the lot area.

Definitions.

General Provisions.

Standards.

Signs in Commercial and Industrial Districts. Properties in Commercial and Industrial Zones within the Township of Barnegat shall be permitted to have: One (1) free-standing sign, one (1) projecting sign and one (1) wall sign, except that properties with frontage on more than one street shall be permitted one (1) additional sign for each additional street frontage provided that such signs shall be in lieu of and not in addition to either signs for those additional facades and frontages.

Commercial, industrial, shopping center or office complexes with multiple tenants shall be permitted to erect two (2) identification signs containing signs for individual tenants. Such signs shall be in lieu of, and not in addition to other permitted free-standing signs.

Signs in the Barnegat Historic District. The following regulations shall apply to all properties within the Barnegat Historic District (hereinafter "BHD"), and shall be in addition to the general provisions and standards of this section.

Jurisdiction.

Permits, Fees.

Exemptions. Notwithstanding the provisions of this section, the Township Committee in its absolute and sole discretion, or by contract or agreement, may provide advertising for any business, organization or use, when such advertising is deemed to be in furtherance of the public good, health, safety and/or general welfare.

Enforcement.

Violations and remedies.

Waivers. The Planning Board or, when having jurisdiction of an application for development the Zoning Board of Adjustment, shall have the power to grant exceptions from the requirements of this section if an applicant or his or her agent shall clearly demonstrate to the Planning Board or the Board of Adjustment that, because of peculiar conditions pertaining to his or her property, the literal enforcement of the requirements of this section is impracticable or will exact undue hardship. However, any exception granted by municipal agency must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this section.

Signs shall not contain moving parts or use flashing or intermittent illumination. The source of light shall be steady and stationary.

Signs shall not cast objectionable light upon any dwelling or mixed use dwelling on a separate lot.

Signs shall be no higher than thirty-five (35) feet from the ground to the highest part of the sign.

Signs shall not be so erected as to obstruct entrance to or exit from a required door, window, fire escape or other required exit way.

No signs except for those of a duly constituted governmental body shall be erected on public property, including within public rights-of-way. Temporary signs and banners of a noncommercial nature across the right-of-way are permitted as an exception by the Zoning Board of Adjustment, provided that permission is obtained from the Township Committee, they are erected in a location in which they will not cause a traffic hazard, they meet safety standards and are maintained and removed when their temporary use is completed.

Signs in Residential Districts. The following types of signs may be permitted in residential districts unless otherwise provided:

Signs in Industrial and Commercial Districts. The following types of signs may be permitted in industrial and commercial districts. No sign shall be erected that interferes with or obstructs navigation.

Commercial Signs. Commercial sign structures may be erected subject to a permit granted by the Zoning Board of Adjustment, provided that such commercial sign structures do not exceed three hundred (300) square feet in surface area and are spaced at intervals of not less than one thousand (1,000) feet along the same side of any street, railroad or highway. No commercial sign structure shall be located within one hundred (100) feet of any street intersection or intersection of any street with any railroad.

Political signs. Political signs shall be located on private property set back so as to not interfere with the site triangle at intersections or driveways and in no other way interfere with pedestrian or vehicular vision and safety. No such sign shall exceed four (4) square feet in area. Signs shall be permitted in all zoning districts within forty-five (45) days prior to any election and shall be removed within seven (7) days after the election. Political signs do not require a permit.

With the exception of boats, such storage shall not be located closer than ten (10) feet to any street line.

A travel-trailer, camper or commercial vehicle shall not be closer than five (5) feet to the rear lot line.

No more than two (2) such recreational vehicles, motor homes, travel-trailers, campers, boats or commercial vehicles, or any combination thereof, shall be so stored.

No travel-trailer, camper or boat stored in conformance with this section shall remain in such storage for longer than twelve (12) consecutive months.

Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections other than those required for vehicle maintenance.

Automobiles, station wagons, small pickups or panel trucks with one (1) ton or less load capacity, jeep vehicles, travelalls and similar types of vehicles used for commercial purposes are permitted in all zones. Trucks and other commercial vehicles not mentioned above shall not be parked or stored between the hours of 9:00 p.m. and 6:00 a.m. in any residential zone.

No trailer, auto trailer, trailer coach, travel-trailer or camper shall be used for dwelling purposes or as sleeping quarters for one (1) or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction, provided that a temporary permit has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of same in camp grounds in conformance with all applicable ordinances and codes.

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence. The pool shall meet the yard requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool and, including the areas surrounding the pool, including but not limited to any surrounding patio or deck, shall be set back twice the distance from the street line than is required for the principal building.

Pools shall otherwise be installed, operated, and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment fencing; noise; and lighting. A pool permit shall be obtained from the Building Official.

The applicant shall submit with his application a traffic study which shall include the anticipated off-tract impacts of the project, proposed improvements to remedy the effects of these anticipated impacts and the existing and reasonably anticipated future peak hours for the off-tract improvements.

The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:

In all major subdivisions and residential site plans, developers shall reserve an area of at least five percent (5%) of the total property and dedicate to the Township of Barnegat or to other public jurisdictions, quasi-public organizations or homeowner organizations. The developer shall improve this area for active and passive recreation. Plans for the improvement of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan. The developer shall have the option to post an off-tract assessment in the amount of one thousand five hundred ($1,500.00) dollars per lot or unit to be used for the construction of recreational facilities within the Township or provide services or property equal to said amount as determined and accepted by the Barnegat Township Planning Board.

In all PAC -Planned Adult Communities 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" is defined as those areas of the PAC tract to 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. The developer of the PAC shall post an off-tract assessment in the amount of seven hundred fifty ($750.00) dollars per lot or unit to be used for the construction of recreational facilities within the Township or provide services or property equal to said amount as determined and accepted by the Barnegat Township Planning Board.

An attached deck may occupy up to fifty percent (50%) of the rear yard setback required for the principal building or structure on the lot, but shall be required to maintain all other required principal building side yard and front yard setbacks.

Ground level decks may be exempt from the required rear yard principal or accessory building setback requirements provided that the deck is accessory to a single-family or two-family residential dwelling and, provided further, that the deck is less than one (1) foot in height above the finished grade and has no rails or railings. No ground level deck with railings or rails shall be constructed without variance approval pursuant to law.

The owner and address of the premises where a fence is to be erected.

A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings.

A sketch or plan of the fence.

A certified plot plan or survey of the premises in question, which shall show streets abutting and at the nearest intersection and shall approximately indicate the location of structures within ten (10) feet of the fence.

Fences shall be no closer than one foot to the Township road, street and/or right-of-way.

Fences not exceeding 48 inches in height above the ground level may be erected between the Township road, street and/or right-of-way and the front building line.

Fences not exceeding six feet in height above the ground level may be erected between the front building line to the side property lines and to the rear of the property.

Front fences on corner properties shall not block the line of sight triangle, as to interfere with vehicular traffic at the intersection.

Fences must be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Zoning Officer.

All fences must be erected within the property lines and no fence shall be erected as to encroach upon a public right-of-way.

Barbed wire fences on any common property with another dwelling or public right-of-way are prohibited.

No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such fence.

Any fence in any zoning district shall have its most pleasant or decorative side facing the adjacent lot with all posts being in the applicant's yard unless such posts or supports are an integral part of the decorative design of the fence.

Fences accessory to farm operations.

Height of tennis court or recreation area fences, where permitted.

It is the purpose of this section to ensure that property owners in the area lagoon and waterfront properties should have an unrestricted view of the water or waterways adjoining their properties.

Any owner or property located on a body of water or lagoon shall be restricted to the use of see-through fencing along the side and rear of the property for a minimum distance of fifteen (15) feet from the bulkhead or rear property line so as not to obstruct the view of the lagoon. All living fences and hedges shall also adhere to the above-stated fifteen (15) feet limitation and shall not be constructed in a continuous non-see-through manner. The see-through fencing, living fence and hedges shall not be greater than forty-eight (48) inches in height from the grade of the land upon which it is erected. In addition, all fences within the front yard between the right-of-way and the building line shall be restricted to the use of see-through fencing not greater than forty-eight (48) inches in height from the grade of the land upon which it is erected.

See through fencing is hereby defined as any fence or fencing having a consistent density of not greater than fifty percent (50%) for all fences, living fences and hedges.

The purposes of this section are to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare, by permitting the use of satellite dish antennas in all zones, said antenna to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antenna shall require a zoning permit and a construction permit.

Installation or construction of satellite dish antenna shall be subject to the following minimum requirements:

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.

The minimum lot size shall be thirty thousand (30,000) square feet, the minimum lot frontage and width shall be one hundred twenty-five (125) feet and the minimum lot depth shall be one hundred and fifty (150) feet. The minimum front yard setback shall be fifty (50) feet, the minimum side yard on one side shall be ten (10) feet and the total side yards shall be twenty (20) feet. The minimum rear yard setback shall be forty (40) feet. 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.

The maximum lot coverage by buildings shall be thirty percent (30%) and the maximum impervious lot area shall be eighty percent (80%). 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.

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.

All fast food restaurants shall provide separate public restroom facilities easily accessible from the interior of the building for male and female customer use.

Adequate on-site parking shall be provided either at the ratio of one (1) space for every one hundred (100) square feet of gross floor area, or one (l) space for every four (4) seats, whichever results in a greater requirement.

A loading zone shall be provided for off-street loading at the side or rear of the building. There shall be at least one (1) off-street loading space for every building. Each loading space shall be at least fifteen (15) feet in width and forty (40) feet in length with adequate ingress and egress from a public street. There shall be no loading and unloading from the street.

There shall be at least one (1) trash and garbage pick-up location provided by each building which shall be separated from the parking spaces by a steel-like, totally enclosed container which shall be placed on a concrete pad and enclosed by an eight foot by eight (8 x 8) fences in area six (6) feet high with an opening front gate to be located at least five (5) feet inside property line and ten (10) feet inside the rear property line.

All other area, yard and general requirements of the CPHD zoning district, engineering and design standards, site plan regulations, procedural requirements and other applicable requirements of this chapter must be met.

Purpose. The purpose of this ordinance is to regulate and control, through the registration program, indiscriminate and excessive cutting of trees and shrubs within the Township of Barnegat.

Definitions. As used in this ordinance, the following words shall have the following meanings:

Permits.

Protection of trees.

In addition to the above schedule, all lands subject to New Jersey Pinelands Commission jurisdiction shall comply with all requirements of the Pinelands Comprehensive Management Plan.

A permit which allows the cutting of trees in excess of the above schedule on a lot will only be issued if the applicant can demonstrate to the satisfaction of the Township Engineer that the existing terrain and/or small lot size makes the removal of the trees necessary. In addition, the applicant must demonstrate that all proposed excavation or filling of a lot is unavoidable, and that no feasible method exists for preserving the trees on the lot.

In each major site plan development, minor site plan development and major subdivision, the owner shall be responsible for planting shade and/or decorative trees on each existing or newly created lot at the rate of one tree per 1,000 square feet of gross lot area, or fraction thereof. Existing trees which meet the size requirements of this section, and which were not injured during construction may be included in the number of trees required. Planting sites shall be indicated on the site plan and/or on a separate landscaping plan and must be approved by the applicable Board Engineer.

As a condition of any Planning Board or Board of Adjustment approval, specimen trees and trees of significant historical value shall be preserved. This condition shall be evaluated by the Board having jurisdiction over the application based upon recommendations made by the Barnegat Township Shade Tree Commission and the Board Engineer.

All trees and shrubs planted in accordance with the provision of this section shall be placed in a proper manner and in a good grade of topsoil. All shade trees shall be nursery grown in conformance with AANIS (American Standard for Nursery Stock ANN also known as ANSI Z60.1 latest revision) and shall be of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks but must conform in other respects with the provisions of this section.

All trees shall be planted in a dormant state. The minimum height of all shade and ornamental trees when planted shall be not less than 12 feet and shall have a minimum caliper (diameter) of three inches as measured at six inches above finished grade. The types of trees to be planted shall be approved by the Township Landscape Architect and shall be selected from the list of approved trees set forth in § 55-126.9 of Chapter 55 Land Use. All trees shall be balled and wrapped in burlap.

Appeals. Whenever an application for a permit shall be denied by the Municipal Clerk, the applicant may appeal the denial to the Township Committee by filing a written notice of appeal with the Township Clerk within ten (10) days after receiving a written notice of denial of the application. The Township Committee shall hold a public meeting on the matter in accordance with rules or procedures to be established by the Township Committee and may modify or affirm or reverse the decision of the Municipal Clerk.

Enforcing officers. The Barnegat Township Police Department and the Code Enforcement Officer are hereby designated as enforcing officers of this section.

Definition of solar energy facilities. The definition of "solar energy facility" shall be as defined in § 55-305B of the Township Code.

Ground-mounted solar energy facilities. Ground-mounted solar energy facilities shall be a permitted accessory use requirement in any zone on property with a minimum lot size of one acre, subject to the following conditions:

Pole-mounted solar energy facilities. Pole-mounted solar energy facilities shall be a conditional use requirement in any zone, subject to the following conditions: