Brick Township City Zoning Code
ARTICLE IV
General District Regulations
§ 245-11 Compliance required.
[Amended 11-10-1981 by Ord. No. 354-2BB-81]
No building or structure shall hereafter be erected and no existing building or structure shall be moved, structurally altered, added to or enlarged or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by Part 2 of this chapter and meeting requirements as set forth by the schedule appended hereto and constituting a part of Part 2 of this chapter, nor shall it be reduced in any manner, except in conformity with the yard, lot area, building location, percentage of lot coverage, required off-street parking space and such other regulations designated in said schedule and Part 2 of this chapter for the zone in which such building, structure or space is located. In the event of any such unlawful encroachment or reduction, such building or structure shall be deemed to be in violation of the provisions of Part 2 of this chapter, and the certificate of occupancy for such building or structure shall thereupon become null and void.
§ 245-12 Applicability to public utilities.
The provisions of Part 2 of this chapter shall not apply to utility distribution or collection lines for water, gas, sewerage, electric and telephone services which are located in a public street or which provide service to private property; provided, however, that public utilities and authorities shall be subject to the provisions of Article XXXII (§ 245-279 et seq.) for the installation of any facilities, except collection or distribution lines.
§ 245-13 Building on improved street required.
Every principal building shall be built upon a lot with frontage upon a private or public street which has been improved in accordance with the appropriate Township standards or for which such improvement has been ensured by the posting of a performance guaranty pursuant to Part 3, Subdivision of Land, and Part 4, Site Plan Review, of this chapter.
§ 245-14 One principal building per lot permitted.
No residential lot shall have erected upon it more than one principal building, except as otherwise provided in Part 2 of this chapter.
§ 245-15 Off-street parking.
[Amended 10-28-1980 by Ord. No. 354-2P-80; 10-28-1980 by Ord. No. 354-2Q-80; 11-29-2005 by Ord. No. 354-2H-05]
A.
Off-street parking spaces shall be provided as specified in Part 2 of this chapter and shall be provided with the necessary passageways and driveways. All such space shall be deemed to require space on the lot on which the principal use is situated, except as otherwise provided in Subsection B hereunder, and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced in accordance with the Revised Engineering Design Standards and Specifications of the Township of Brick. Areas of overflow parking areas shall be made of pervious paving material. All parking areas shall be adequately drained. Areas of off-street parking for one-family residential properties may be made of pervious paving materials to minimize stormwater runoff and promote groundwater recharge.
B.
Except in connection with one-family residential uses, all off-street parking shall be surrounded by concrete curbing, or when deemed appropriate, substitute flush curbs with curb stops, or curbing with curb cuts to encourage the discharge of impervious areas into landscaped areas for stormwater management. The use of the natural vegetated swales for the water quality design storm, with overflow for larger storm events into storm sewers is required.[1]
[1]
Editor's Note: Original § 190-17, Signs generally, was repealed 8-25-1992 by Ord. No. 354-2C-92, and original § 190-18, Signs in business and light industry zones, was repealed 8-25-1992 by Ord. No. 354-2C-92, both of which immediately followed this section.
§ 245-16 Home office.
[Added 6-12-2000 by Ord. No. 354-2BB-00; amended 11-28-2006 by Ord. No. 37-06; 4-29-2008 by Ord. No. 23-08]
Home office uses shall be permitted accessory uses in residential zone districts, provided that:
A.
The use is limited solely to office use;
B.
The use is not operated by a number of employees such as to unreasonably cause a disturbance impacting the ability of neighbors to peacefully enjoy their property;
C.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes in numbers such as to unreasonably cause a disturbance impacting the ability of neighbors to peacefully enjoy their property;
D.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
E.
Interior storage of materials shall only consist of office supplies;
F.
There shall be no change to the exterior of buildings or structures because of the use and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights;
G.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
H.
The use does not require any increased or enhanced electrical or water supply;
I.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
J.
The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components;
K.
Delivery trucks shall be permitted or provide delivery services to a home office only on weekdays between the hours of 9:00 a.m. and 5:00 p.m.
L.
Taxicab and limousine services may be permitted as a home office use, provided that only one taxicab or one limousine may be parked at the residence in a separate, off-street, improved parking space.
[Added 3-27-2012 by Ord. No. 5-12]
§ 245-17 Soil removal.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil or any other soil material for use off tract unless he shall obtain a permit from the Township Council as provided in Chapter 383, Soil Removal.
§ 245-18 Accessory buildings.
An accessory building attached to the principal building shall comply in all respects with the yard requirements of Part 2 of this chapter in respect to the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, unless specific provisions of the schedule permit otherwise.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
§ 245-19 Yards and open spaces.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of Part 2 of this chapter shall be considered as providing a yard or open space for any other building.
§ 245-20 Lot width for irregularly shaped lots.
[Amended 6-26-1979 by Ord. No. 354-2B-79; 9-13-1988 by Ord. No. 354-2TTTT-88]
In the case of irregularly shaped lots, the minimum lot width requirements specified in the schedule shall be measured at the rear line of the required front yard setback parallel to the street line, provided that in no case shall the frontage or the distance between side lot lines at the property line be reduced to less than 60% of the minimum width requirement, provided that the requirement for square-foot area for the zone in which the lot is located is met, and provided further that no lot shall have a frontage at the right-of-way line of less than 40 feet.
§ 245-21 Determination of yards.
All yard areas facing on a public street shall be considered as front yards and shall conform to the minimum front yard requirements for the particular zone. The rear yard shall be deemed to be the area opposite the narrower lot frontage, and the remaining lot yard areas shall be determined to be side yards.
§ 245-22 Obstructions to vision.
At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree not exceeding one square foot in cross-section area, which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining points each 30 feet distant from said intersection along said street lines.
§ 245-23 Lots on proposed future streets.
[Amended 9-13-1988 by Ord. No. 354-2TTTT-88]
Where a building lot has frontage upon a street which in the Official Map or Master Plan of Brick Township or any official plan or proposal of Ocean County or the State of New Jersey is contemplated for right-of-way widening, the required front yard shall be measured from the proposed future right-of-way or sidewalk easement or sidewalk dedication. In addition, no lot shall be created in the Township of Brick, with the exception of corner lots, which has frontage on more than one public or private right-of-way.
§ 245-24 Minimum lot requirement for quasi-public uses.
All quasi-public uses, such as but not limited to churches and schools and other similar places of worship or instruction, shall have a minimum lot requirement of two acres. The use will comply with all other requirements of the zone in which it is located.
§ 245-25 Prohibited uses and activities.
A.
The following uses and activities are specifically prohibited in the Township of Brick:
(1)
Auction markets, except at such time and place as may be designated pursuant to the licensing thereof.
(2)
House trailer or trailer coach parks.
(3)
Junkyards, automobile wrecking yards or disassembly yards, or the sorting or baling of scrap metal, paper, rags or other scrap materials.
(4)
Sale or storage of used automobile parts or used building or construction materials. Required yard space and parking area may not be encroached upon by inventory, storage or display.
(5)
Aboveground storage of bulk oil or gasoline, including refining, handling and transmission facilities.
(6)
Animal slaughtering or animal products processing.
(7)
Piggeries (defined as the raising of swine).
(8)
The washing of soil, sand, stone or gravel or an operation commonly referred to as "sand wash."
(9)
Any sign of the flashing type or whose lights simulate movement or whose lighting, whether direct or indirect, may cause glare or may cause a blinding effect on any moving lane or traffic or which, whether illuminated or not, has any moving part.
(10)
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration or waste products.
(11)
The use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered.
(12)
Solid waste disposal or operation.
(13)
Transient vending or sales.
B.
B-1, B-2, B-3, B-4 and M-1 Zones.
[Amended 9-13-88 by Ord. No. 354-2TTTT-88]
(1)
The following activities shall be prohibited in the B-1, B-2, B-3, B-4 and M-1 Zones:
(a)
Any use or activity which disseminates dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution beyond the lot lines, or any operation which emits dangerous or harmful radioactivity or creates any electrical disturbance adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.
(b)
Activities which present hazard of fire or explosion or other physical hazard to any adjacent building or any hazard or deleterious effect to plant growth on any land adjacent to the site of the use.
§ 245-25.1 Cannabis establishments, cannabis distributors and cannabis delivery services prohibited.
[Added 4-27-2021 by Ord. No. 7-21]
A.
Purpose. Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), N.J.S.A. 24:6I-45b, all cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer, cannabis distributor or cannabis delivery service, are hereby prohibited from operating anywhere within the Township of Brick.
B.
Definitions. As used in this chapter, all classes of cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, and a cannabis distributor or cannabis delivery service, shall have the meanings as defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.
C.
General prohibition. All classes of cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer, and a cannabis distributor or cannabis delivery service, but not the delivery of cannabis items and related supplies by a delivery service, as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33, are hereby prohibited uses or activities within the Township of Brick.
§ 245-26 Corner lots.
[Amended 4-19-2011 by Ord. No. 12-11]
A.
Business and industrial zones. Corner lots in business and industrial zones and corner lots occupied by a business or industrial use shall meet the applicable minimum front yard requirements from each abutting right-of-way for all proposed structures.
B.
Residential zones.
(1)
Principal structure. The side of the building that contains the main entrance shall be considered the front of the building and that yard the front yard. For the principal structure, both the front yard and the side yard that abut a principal right-of-way shall meet the applicable front yard requirements for that zone.
(2)
Accessory uses:
(a)
Accessory uses located within the front yard and the adjacent right-of-way shall satisfy the minimum applicable front yard setback requirements for the principal structure.
(b)
Accessory uses located in the side yard that abuts a right-of-way but does not contain the main entrance, namely swimming pools, fences, accessory decks less than 200 square feet and sheds less than 200 square feet in area located within the remaining yard areas fronting on a street, shall meet 1/2 the minimum front yard requirement for the zone.
§ 245-27 Encroachment of yard or parking areas.
Required yard space and parking area may not be encroached upon any inventory, storage or display.
§ 245-28 Trailers, semitrailers and truck tractors.
[Added 6-10-1980 by Ord. No. 354-2J-80; amended 6-24-1980 by Ord. No. 354-2L-80]
Notwithstanding the provisions of any ordinance to the contrary, no trailer, semitrailer or truck tractor shall be located, maintained or stored on any premises in the Township of Brick within the R-R, R-20, R-15, R-10, R-7.5, R-5 and R-M Districts, whether resting on wheels, blocks or other support, except for purposes of the delivery of goods, equipment and/or materials to such premises.
§ 245-29 Plot plans and as-built survey.
[Added 12-28-1980 by Ord. No. 354-2P-80; amended 6-12-1984 by Ord. No. 354-2XX-84; 3-23-1999 by Ord. No. 354-2C-99; 6-8-1999 by Ord. No. 354-2D-99; 6-25-2002 by Ord. No. 354-2F-02]
A.
Two signed and sealed copies of individual plot plans shall be submitted to the Township Construction Official to accompany any permit applications for new residential/commercial construction, major renovations regarding existing property, and for the construction of pools. The individual plot plan shall be utilized to review the project for adequate drainage and grading and compliance to all applicable Township standards.
B.
The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required. (All plot plan review checklists will be copies to the Construction Official).
C.
The Construction Official shall not issue a construction permit until the Township Engineer approves the proposed individual plot plan.
D.
Each individual plot plan shall be drawn to a scale (not less than one inch equals 50 feet), signed and sealed by a professional, as defined in N.J.S.A. 13:40-7.3, licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
[Amended 8-8-2006 by Ord. No. 26-06]
E.
Individual plot plans should include the following information:
(1)
Bearing and distances.
(2)
North arrow; written and graphic scale.
(3)
Existing/proposed easement and dedications.
(4)
Existing/proposed building dimensions; pool dimensions.
(5)
Existing/proposed sidewalks, driveways, and retaining walls.
(6)
Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board, if applicable.
(7)
Street name, right-of-way width, pavement width and composition of the street(s) fronting the lot.
(8)
The title block on the plot plan which must include the property address, the block and lot number of the property in question and the name of the applicant.
(9)
Limits of clearing and soil disturbance.
(10)
Existing trees to be protected and remain.
(11)
Location of wetlands and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exists on the subject property.
(12)
Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building comers and center of lot; the finished first floor, basement and garage floor elevations of the proposed structure; top of pool and sidewalk elevations; and adjacent dwellings, corner elevations, and topography within 25 feet of property lines. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).
(13)
Location of any storm drainage pipes within 25 feet of the property including pipe size, grade, and invert.
(14)
Lot grading which shall be designed to provide positive runoff with grades at a minimum slope of 1.5%.
(15)
Other items that may be required by the Township Engineer for proper construction of the site.
F.
Plot plans of Board approved projects shall match approved subdivision/site plans.
G.
If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.
H.
The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted.
I.
The applicant shall submit a final as-built survey, for new residential/commercial construction signed and sealed by a professional engineer or land surveyor prior to requesting a final certificate of occupancy (CO) inspection from the Township Engineer. An as-built survey of a swimming pool may be required at the discretion of the Township Engineer.
J.
A final inspection for a swimming pool is required from the Engineering Department prior to issuance of a certificate of occupancy.
K.
Exemption from the requirements of this section for an addition or a pool requires the approval of the Township Engineer, said exemption to be contingent upon:
§ 245-30 Storage sheds.
[Added 12-9-1980 by Ord. No. 354-2R-80]
Storage sheds in single-family residential zones shall not exceed 12 feet in height. Sheds having an overall floor area of up to 100 square feet shall be located no closer to the side and rear property lines than a distance equal to 1/2 the height of the structure. Storage sheds having a floor area greater than 100 square feet shall be erected in conformity with the side and rear yard depth requirements for accessory buildings in the respective zone.
§ 245-31 Membrane structures.
[Added 4-25-2000 by Ord. No. 354-2L-00; amended 9-24-2001 by Ord. No. 354-2KK-01]
A.
All membrane structures must meet the required setbacks associated with accessory structures as specified for the applicable zone indicated in the Schedule of Area, Yard and Building Requirements referred to in § 245-10.[1] Furthermore, no membrane structure shall be erected within 15 feet of the water's edge. The maximum height of any membrane structure shall not exceed 25 feet. A membrane structure shall not be constructed under or within 10 feet of any overhead wiring.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
B.
No advertising shall be permitted on any membrane structure.
C.
Upon an applicant filing a permit application with the Township Division of Inspections and subject to the location requirements above, if approved an applicant may erect a membrane structure for a period not to exceed six months during a twelve-month consecutive period unless approved by the Board of Adjustment or the Planning Board. The application will have a certification indicating that the applicant will remove said membrane structure by a specific date or be subject to a penalty not to exceed the penalty in § 245-329.
[Amended 11-28-2006 by Ord. No. 37-06]
§ 245-32 Wind energy conversion system standards.
[Added 11-10-81 by Ord. No. 354-2BB-81; amended 3-11-2008 by Ord. No. 12-08]
The following standards shall apply to any wind energy conversion system (WECS) in the Township of Brick:
A.
Location. WECSs shall only be permitted in industrial and business zones in the Township of Brick.
B.
Noise. The maximum noise level permitted appurtenant to the operation of a WECS shall not exceed 65 decibels (dbA scale) as measured at any property line.
C.
Height. The maximum allowable height on any WECS shall be 125 feet as measured from the top of the blade to the ground.
D.
Blade height. The minimum clear distance between the rotating blade in its lowest position and the ground surface below it shall be 15 feet.
E.
Electromagnetic interference. All WECSs shall be properly and adequately filtered or shielded to prevent interference with any television or radio reception or transmission and shall be in compliance with any federal, state or county regulations.
F.
Labeling requirements.
(1)
All enclosures surrounding any WECS shall be clearly marked with at least two signs within six feet of ground level warning of high voltage. Additionally, the following information shall be clearly posted on the generator or alternator assembly of the WECS:
(2)
All of the preceding information shall be easily readable from ground level or located at the WECS control panel. Additionally, the maximum survival wind speed for both the dynamic and static conditions and both the normal and emergency shutdown procedures must be listed.
G.
Notification of electric utility company. The Jersey Central Power and Light Company shall be notified, in writing, of any proposed interface of the company's electric distribution grid prior to making application to the Township for zoning and building permits and proof of such notification shall be provided with the permit applications.
H.
Setbacks. All WECSs shall be located on the lot so as to provide the maximum distance between the WECS and existing or proposed residences or buildings on adjoining properties. In no case shall a WECS be located such that a blade in a rotating position would be closer than 10 feet to an adjoining property line.
I.
Governmental approvals. The provisions of this section are subject to approval by any federal, state or county agency, where applicable.
§ 245-33 Fences.
[Added 12-30-1987 by Ord. No. 354-2OOOO-87; amended 6-14-1988 by Ord. No. 88; 9-12-1989 by Ord. No. 345-2H-89; 12-12-2000 by Ord. No. 345-2GG-00; 6-25-2002 by Ord. No. 345-2G-02; 11-28-2006 by Ord. No. 37-06; 6-9-2009 by Ord. No. 34-09; 8-24-2010 by Ord. No. 40-10; 7-14-2020 by Ord. No. 11-20]
A.
No fence shall be erected within the Township of Brick unless a permit for the erection of such fence shall have been obtained from the Construction Official and/or Zoning Officer in accordance with the requirements of this section. The fence permit application shall further be accompanied by an accurate survey identifying the tax lot and block upon which the proposed fence is to be located, the name and address of the applicant, the height and location of the proposed fence in relation to all property lines of the premises upon which the fence is to be located and the material and type of construction of the proposed fence. "Fence or fencing" is defined as any wood, masonry, plastic, metal, vinyl or aluminum structure(s) or any wall, constructed to shield, screen or protect a lot or portion of a lot.
B.
No fence which shall be constructed under this section within the front yard setback area of any lot shall exceed four feet in height. Any such fence constructed within the front yard setback shall be of a design such as chain link, post and rail or pickets. All pickets shall be spaced at least two inches apart, and each picket shall be no more than 3 1/2 inches in width.
C.
No fence which shall be constructed under this section along any side or rear property line shall exceed six feet in height.
D.
Any fence, hedge or other vegetation which shall be constructed under this section at the corner of a corner lot shall be placed at 45° to each sideline for a distance of 10 feet back from the intersection of the fence line along both street sides of the lot and shall not create a view obstruction. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection B of this section. No fence shall be erected in the public right-of-way under any circumstances.
E.
No fence to be constructed under this section shall be located less than 10 feet from the pavement or cartway of any street, whether public or private.
F.
Any fence to be constructed under this section shall be erected with the finished side facing the exterior of the lot which is being enclosed and shall be maintained in good and safe condition at all times. In addition, where a wire fence is to be constructed under this section, the unfinished or cut portion of such fence shall be installed toward the ground.
G.
The height limitations provided for in this section shall not be applicable to any fence constructed in any industrial or commercial district within the Township of Brick.
H.
Upon completion of the erection of a fence under this section, requiring a construction permit, the permittee shall notify the Construction Official of the completion of the same and shall request an inspection of the fence.
I.
Notwithstanding any provision of this section to the contrary in cases in which the applicant's lot fronts on any body of water, the applicant shall be limited to installing a fence of no greater than four feet in height for any area within 200 feet of the body of water. Any such fence constructed within 200 feet of a body of water shall be of an open design such as chain link, post and rail, or picket. All pickets shall have at least two inches of spacing between each picket and be no more than 3 1/2 inches in width.
J.
Notwithstanding any provision of this section to the contrary in cases in which the applicant's lot fronts on any body of water, no hedge or other vegetation of greater than four feet in height shall be maintained within 15 feet of a body of water. Hedges and other vegetation greater than four feet in height, and acting as a shield or screen on a lot or portion of a lot existing prior to September 1, 2010, shall be exempt from the provisions of this section.
K.
Where the applicant's lot fronts on any body of water, the property owner may install a fence of up to six feet in height between the applicant's dwelling and any adjacent dwelling, so long as there are at least six feet between the dwellings in question. Such fence may extend only from the waterward house line of the two relevant dwellings which is furthest from the water to the streetward house line of the two relevant dwellings which is furthest from the street as such lines are shown on a survey showing the corners of both the applicant's dwelling and the adjacent dwelling at issue. Where a property fronts on any body of water and is on a corner lot, the provisions of this section shall not apply to the streetward side of such lot. Nothing in this section shall alter setback or other fencing requirements as established by this Code.
§ 245-34 Basement waterproofing and dampproofing requirements. [1]
[Added 6-8-1999 by Ord. No. 354-2E-99]
A.
Where required: Walls or portions thereof that retain earth and enclose interior spaces and floors below grade shall be waterproofed and dampproofed in accordance with this section.
B.
The results of a subsurface soil investigation shall be submitted to the Township Construction Official to accompany any permit applications for new residential/commercial construction with proposed basements. The purpose of the investigation is to determine the possibility of the groundwater table rising above the proposed elevation of the floor(s) below grade.
(1)
The subsurface soil investigation shall be performed and certified by a professional engineer licensed to practice in the State of New Jersey. The investigation shall determine the possibility of the groundwater elevation, seasonal high-water table, and soil characteristics.
(2)
Exception. A subsurface soil investigation shall not be required where:
(a)
Waterproofing is provided. Specification of the waterproofing system shall be submitted with the building permit application. The waterproofing system shall consist of either 1) sixty-millimeter rubberized asphalt membrane with a polyethylene film, 2) one-hundred-eighty-millimeter hot applied rubberized asphalt membrane, or 3) an equal approved by the Construction Code Official. The waterproofing system shall be installed in accordance with the manufacturer's specifications and installation instructions. Upon completion, the system shall be certified by the contracted installer.
C.
Where the subsurface soil investigation indicates that a hydrostatic pressure condition does not exist and the seasonal high-water table (SHWT) is below the lowest floor elevation, floors and walls shall be dampproofed in accordance with the applicable Building Codes.
D.
Where the subsurface soil investigation indicates that a hydrostatic pressure condition does exist and/or the SHWT is above the lowest floor elevation, walls and floors shall be waterproofed. Specifications of the waterproofing system shall be submitted with the building permit application. The waterproofing system shall consist of either 1) sixty-millimeter rubberized asphalt membrane with a polyethylene film, 2) one-hundred-eighty-millimeter hot applied rubberized asphalt membrane, or 3) an equal approved by the Construction Code Official. The waterproofing system shall be installed in accordance with the manufacturer's specification and installation instructions. Upon completion, the system shall be certified by the contracted installer.
E.
A subsoil drainage system may be installed in lieu of the waterproofing requirements for hydrostatic pressure conditions. Where the groundwater table is lowered and maintained at an elevation not less than six inches below the bottom of the lowest floor, the walls and floors shall be dampproofed in accordance with applicable Building Codes. A base course shall be installed under the floor and a drain around the foundation perimeter. The base course and drain shall be constructed in accordance with the applicable Building Codes.
(1)
The floor base and foundation perimeter drain shall discharge by gravity or mechanical means to a positive outfall or stormwater collection system that directs water away from the site. The drainage system and discharge locations shall be reviewed and approved by the Township Engineer.
(2)
Drainage systems that recycle groundwater and have no positive outfall shall not be used as an alternative to waterproofing.
§ 245-35 Impervious area requirements.
[Added 5-9-2000 by Ord. No. 354-2Z-00]
A.
Maximum impervious area definition shall be the maximum area allowed to be covered on site by impervious surfaces, i.e., buildings, pavement, concrete walks and drives including decks.
B.
The maximum allowable impervious lot coverage shall be specified in the Schedule of Area, Yard and Building Requirements, referred to in § 245-10 of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
§ 245-36 In-ground swimming pools.
[Added 5-9-2000 by Ord. No. 354-2AA-00; amended 6-23-2009 by Ord. No. 42-09; 6-15-2010 by Ord. No. 32-10]
A.
Applicability. All in-ground swimming pools for residential use are permitted in all residential zones, including those attendant to residential association building clubhouses. Installation of all such pools must be in compliance with the engineering permit procedures as established by § 245-29 and the standards below.
B.
Construction and maintenance; electrical connections.
(1)
All materials used in the construction of swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
(2)
It shall be unlawful to use any temporary electrical appliances in a portable pool or wading pool. All electrical connections shall be of waterproof type and shall bear the underwriter's seal and shall be effectively grounded.
(3)
Lot grading plan.
(a)
In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/zoning permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Municipal Engineer in accordance with § 245-29, Plot plans and as-built survey.
(b)
The Municipal Engineer's approval of a grading plan or revised plan shall be based on a determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Municipal Engineer considers it necessary or appropriate, he may require that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of a property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall constitute a use of the subject property in violation of this chapter.
(c)
If required by the Township Engineer, a pool as-built plan shall be submitted to the Engineering Department to verify the location of the pool. No further inspections will be performed by any Township Department until this plan is received.
(d)
Neither an occupancy permit nor a certificate of occupancy shall be issued for any property which is the subject of a lot grading plan until the Municipal Engineer has inspected the property and determined that the construction conforms with the lot grading plan.
(e)
If a certificate of occupancy is issued for a property where a house is also being constructed, prior to full compliance with a lot grading plan and full compliance is not affected by the date set forth in the report of the Municipal Engineer, the continued occupancy of such property after such date shall constitute a use of such property in violation of this chapter.
(f)
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 30 inches in height above the natural grade, engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of Chapter 168. Fill materials and topsoil shall conform to all requirements of Chapter 383.
(g)
An engineering inspection/review fee of $150 shall be paid with the engineering application.
(h)
In addition, any sidewalk curbing or pavement on a Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced to the reasonable satisfaction of the Municipal Engineer prior to issuance of the certificate of occupancy. Sidewalk, curb and pavement construction shall conform to all applicable sections of this chapter.
(i)
In addition, ground cover (grass, sod, etc.) disturbed by the construction of the pool and/or accessory construction must be restored to the satisfaction of the Municipal Engineer prior to the issuance of the certificate of occupancy.
§ 245-37 Aboveground swimming pools.
Area, yard and building requirements for aboveground pools shall be as specified for accessory structures in the Schedule of Area, Yard and Building Requirements referred to in § 245-10 of this chapter.
§ 245-38 Retention and detention basins; open areas; design standards.
[Added 11-12-1985 by Ord. No. 354-2III-85]
A.
Where the dedication of retention and/or detention basins or the dedication of any open area as a public improvement is a condition of any subdivision, site plan or other governmental approval for development in the Township, the Township shall be responsible for the maintenance of such retention and/or detention basins and/or open area from and after the date that the Township shall have released all performance guaranties in the development or that section of the development in which the retention and/or detention or open area is located and a deed of dedication of the lands is executed and filed in the office of the County Clerk.
[Amended 12-14-2021 by Ord. No. 22-21]
B.
Stormwater management areas include retention and detention basins, drainage ditches and swales. This subsection does not apply to underground stormwater recharge areas, which may only be planted if approved by the Township Engineer. Sensitively designed basins and swales can be a visually pleasing benefit to the health, welfare and safety of Brick Township residents. The general design concept of these areas should be to deemphasize their function creating aesthetic landscape features. Improvements consistent with one of the following concepts, or an alternate concept of more appropriate design, shall be provided:
[Added 7-25-2000 by Ord. No. 354-2DD-00]
(1)
Open space/recreation feature. This landscape concept is appropriate in situations where a basin is the largest or only portion of green or open space in an area or adjacent to existing open space and additional open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired.
(a)
The area shall be graded creatively to blend into surrounding landscape and the design of the site. This may be provided by an informal meandering edge with varying slopes, and gentle berming in locations emulating a natural depression.
(b)
Provide planting along the perimeter of the area to reinforce the design concept. As a general guideline, 10 trees for every 100 linear feet of perimeter length should be provided. These trees shall have a minimum size of 2 1/2 to three inches caliper for shade trees, eight feet to 10 feet in height for evergreen trees and six to eight feet in height and one inch to 1 1/2 inches caliper for ornamental trees. The majority of trees should be shade trees unless otherwise required by the board of jurisdiction
(c)
To provide recreational open space, concentrate frequently flooded detention in a basin area (five- to ten-year storm volume) and provide a gently sloping, less often flooded, area (ten- to one-hundred-year storm volume) as a recreation open field space. Provide ball field and/or play areas integrated with plantings in a parklike manner.
(d)
The design of all drainage structures should reflect the overall design concept for the area and shall make these structures visually pleasing or less obtrusive. Consider the type and color of materials and grading or planting around structures at the approval of the Township Engineer.
(2)
Reforestation. This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands, conservation areas or wetlands. It reverts the disturbed area to a revegetative, stable, low maintenance, natural landscape asset over time.
(a)
The area shall be graded creatively to blend into the surrounding landscape and the design of the site. This may be provided by an informal meandering edge with varying slopes and gentle berming in locations emulating a natural depression.
(b)
The area shall be planted with shade trees on the perimeter, banks and interior of the basin at the rate of one tree for every 400 square feet of area. Of this quantity, 10% shall be 2 1/2 inches to three inches caliper, 20% shall be 1 1/2 inches to two inches caliper and 70% shall be eight feet to 10 feet in height.
(c)
The trees shall be planted in groves and spaced five feet to 20 feet on center. The ground plane shall be seeded with a naturalization, wildflower and/or meadow seed mix. The specific blend shall be approved by the Township Engineer. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain.
(d)
All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.
(e)
Plantings shall not be located within 20 feet of a low-flow channel or outlet or inlet structure to allow for maintenance.
(f)
Provision for emergency access as well as general maintenance of the basins shall be subject to the review and approval of the Township Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.
(g)
Plantings are not permitted upon any dikes associated with a detention basin unless approved by the Township Engineer.
(3)
Stormwater retention ponds. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural parklike lakes and ravines.
(a)
Water fountain features are encouraged in the design of all development as an open space/recreation feature.
(b)
The water's edge shall be easily maintained and stable. Possible treatments might include riprap, stone walls, natural plantings, decking and bulkheads.
(c)
The plantings of the perimeter of the features shall accentuate view and interest and integrate pedestrian paths, sitting areas and other uses.
(d)
Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs and grasses used for visual interest or special effects. A continuous landscape area shall be provided.
(e)
If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified and the plantings and pedestrian spaces shall be integrated with the uses.
(f)
Plants with pervasive roots systems shall not be located where they may cause damage to drainage pipes or other underground utilities.
(g)
All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.
§ 245-39 Structural changes to commercial uses in portion of B-1 Zone.
[Added 10-25-1988 by Ord. No. 354-2ZZZZ-88]
Any building which was the subject of a commercial use in the B-1 Neighborhood Business Zone on premises east of Barnegat Bay as of October 1, 1988, may be improved, expanded, restored or rebuilt, in accordance with those standards established by this chapter for the B-1 Zone, notwithstanding the fact that such premises may have been included in the R-5 or R-7.5 Zones on or subsequent to such date.
§ 245-39.1 Sidewalk and curbing requirements.
[Added 6-10-2008 by Ord. No. 26-08]
Notwithstanding any provisions to the contrary in this chapter, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Brick Township Planning Board or Brick Township Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of Chapter 245 and the proposed sidewalk shall be designed and constructed in accordance with the requirements of Chapter 245, all as set forth in the Codified Ordinances of the Township of Brick.
A.
Payment in lieu of sidewalk and curbing.
(1)
Any developer seeking minor subdivision, major subdivision, minor site plan and/or major site plan approval may request a waiver of the requirement to install curbing and sidewalks along all street frontages of the subject property by agreeing to pay a sum to the Brick Township Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said cost shall be determined by the Township Engineer based on the documented construction costs for public improvements prevailing in the general area of the municipality.
(2)
In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Planning Board or Board of Adjustment shall consider the following factors:
(a)
The presence or absence of curbing and sidewalks in the general vicinity of the subject property.
(b)
The practical difficulty as established by the applicant of installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns and/or the deleterious impact to surrounding properties as a result of the installation of such improvements.
(c)
The recommendation of the Board or Township Engineer.
B.
Brick Township Pedestrian Safety Fund.
(1)
There is hereby established the Brick Township Pedestrian Safety Fund (hereinafter "fund").
(2)
Said fund shall be dedicated to pay for the cost of designing and constructing various pedestrian safety projects within Brick Township.
(3)
All monies paid by developers in accordance with this section shall be deposited into said fund.
(4)
The Chief Financial Officer of the Township is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Township Engineer for designated pedestrian safety improvements.
§ 245-39.2 Barrier free access.
[Added 6-9-2009 by Ord. No. 35-09]
Individuals/applicants seeking to provide barrier-free access to any residential or commercial building are exempt from the requirements of the Zoning Ordinance as it pertains to the barrier-free construction. Individuals/applicants must still obtain the appropriate engineering approvals and building permits but need not seek variance relief.