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East Greenwich Township
City Zoning Code

CHAPTER 16

18 - DESIGN STANDARDS, IMPROVEMENTS AND USE REQUIREMENTS GENERALLY

16.18.010 - Conformance to design standards.

All applications for development in the township shall be governed by and conform to the following land management programs and shall demonstrate conformance to design standards that will encourage sound development patterns within the township. Where a master plan, a land use element of a master plan, or an official map have been adopted by the township, the proposed development shall conform to the proposals and recommendations contained therein. The streets, school sites, public parks, playgrounds and playfields, and other proposed improvements shown therein shall be considered in the approval of subdivision or site plan.

(Prior code § 13-2)

16.18.020 - Agriculture.

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the USDA Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

(Prior code § 13-4)

16.18.030 - Air conditioning.

All apartment, townhouse or condominium units must have heating and air conditioning systems with independent controls for each unit. If central air conditioning is not feasible, application may be made to the planning board for approval of individual units.

(Prior code § 13-5)

16.18.040 - Air quality—Nuisance.

A.

Purpose. No use governed by federal or state air quality regulations shall emit into the air, heat, odor, vibrations, noise or any other pollutant which exceeds the most stringent requirements of the applicable federal or state regulations.

B.

Electrical or Electronic Devices. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line, or beyond the operator's dwelling unit in the case of multifamily dwellings, as a result of the operation of such equipment.

C.

Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets. (See also Chapter 16.34.)

D.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the New Jersey Department of Environmental Protection.

E.

Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection, as they may be adopted and amended.

F.

Odor. Odors shall not be discernible at the lot line or beyond.

G.

Storage of Waste. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust, which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards.

H.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines ten (10) feet or equipped with baffles to deflect the discharged air away from the adjacent use.

I.

Vibration. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction or demolition activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

Frequency of Ground Motion in Cycles per Second Maximum Amplitude of Ground Motion in Inches Not More Than
up to 10 .0305
10+ -20 .0153
20+ -30 .0102
30+ -40 .0076
40+ -50 .0061
50+ -60 .0051

 

(Prior code § 13-6)

16.18.050 - Blocks.

A.

Dimensions. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning district and to provide for convenient access, circulation and control and safety of street traffic. In no instance shall blocks exceed one thousand two hundred (1,200) feet in length.

B.

Pedestrian Crosswalks. In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the planning board. Such walkway shall be provided for by a twenty (20) foot wide dedicated strip of land with a four foot wide concrete walk.

C.

Multifamily, Commercial or Industrial Uses. For multifamily, commercial or industrial use, block size shall be sufficient to meet all area and yard requirements for such use as required by the zoning district.

(Prior code § 13-8)

16.18.060 - Lot configuration.

A.

Perpendicular to Street. Insofar as is practical, side lot lines should be either at right angles or radial to street lines.

B.

Fronting on Street. Each lot must front upon an approved street improved to township standards.

C.

Fronting on County Roads. Reverse frontage lots along county roads are discouraged. Every attempt to have houses facing county roads shall be encouraged.

(Prior code § 13-13)

16.18.070 - Monuments required.

Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Act.

(Prior code § 13-14)

16.18.080 - Natural features.

A.

Preservation. Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridge lines shall be preserved whenever possible in designing any development containing such features.

B.

Topsoil. No topsoil shall be removed from areas intended for lawn and open space. Within those areas of the site being disturbed, topsoil shall be stripped and stockpiled prior to any construction, and thereafter redistributed over the disturbed areas so as to provide at least four inches of cover to all areas, which cover shall be stabilized by approved seeding or planting.

C.

Preservation of Trees and Natural Growth. A conscious effort shall be made to preserve the existing vegetation on the site. No portions of tree masses or individual trees with a caliper of four inches or greater shall be cleared unless such tree removal is obviously necessary for the effectuation of the most appropriate development scheme. All submitted plans shall attempt to harmonize the proposed development scheme with the existing vegetation on-site.

D.

Protection of Trees During Construction. During construction, developers shall exercise care to protect those trees earmarked to remain.

(Prior code § 13-15)

16.18.090 - Screening of equipment and machinery.

A.

Outside Placement or Storage. When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes outside or on top of any structure, it shall be screened from public view. Such screening may consist of any of the following materials:

1.

Densely planted evergreen shrubs which shall grow to not less than five feet after one growing season;

2.

A solid and uniform fence at least five feet in height on four sides of such equipment;

3.

A masonry wall at least five feet in height on four sides of such equipment;

4.

Any similar type of solid uniform screening which will prevent exposure of such equipment to public view.

B.

Exception for Maintenance. The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as possible so as not to present a display of such equipment to public view.

(Prior code § 13-19)

16.18.100 - Open space.

A.

Public Open Space. Any land offered to the township shall meet the following requirements:

1.

The minimum size of any parcel shall be three acres.

2.

It shall be an integral part of the development and shall be located to best suit the purpose for which it is intended.

3.

Any lands offered shall be subject to review by the planning board, which shall be guided by the master plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands, and such existing features as topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the lands. The planning board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.

B.

Private Open Space. All land not dedicated to and accepted by the township shall meet the following requirements:

1.

A homeowners' association shall be established to maintain all private open space and improvements.

2.

Membership in the homeowners' association shall be mandatory for all residents of the neighborhood.

3.

The homeowners' association shall be empowered to ensure the payment of dues through deed restrictions on the property of its members.

4.

All homeowners' documents shall be reviewed by the planning board solicitor and approved by the planning board.

(Prior code § 13-20)

16.18.110 - Shade trees.

Shade trees may be required on new streets subject to the discretion of the planning board. Location, spacing, species type and size of shade trees shall be determined on an individual basis by the planning board or its professionals.

(Prior code § 13-23)

16.18.120 - Sidewalks, curbs and gutters.

A.

General Requirements. Concrete sidewalks shall be installed on one or both sides of streets, as the planning board may direct, and in accordance with the following construction standards:

1.

All sidewalks shall be a minimum of four feet wide and four inches thick, except at driveway crossings where they shall be six inches thick.

2.

Sidewalks and curbs shall be constructed of New Jersey Class B air-entrained concrete. Curing compounds or methods shall be required and approved by the engineer. Cold weather protection to the concrete by utilizing admixtures or insulation shall also be approved by the engineer.

B.

Construction of Sidewalks may be Waived by the Planning Board or Zoning Board of Adjustment. When sidewalk construction is waived, an in-lieu contribution to the township's parks and recreation special trust account for sidewalk construction is required. The board shall make one or more of the following findings when waiving sidewalk installation:

1.

The installation of sidewalks along the frontage of the property involved would have a detrimental impact and be out of character with the area in question.

2.

The street upon which the sidewalks would be installed does not provide direct pedestrian access to a public facility such as a school, an actively used park or a public transportation facility.

3.

The road upon which the property fronts is unimproved.

4.

The application will result in no new construction or the construction of an accessory building(s) only.

5.

When contributions to the parks and recreation trust account for sidewalk construction are required, the fee shall be paid prior to the release of signed plans and shall be based upon the fee schedule below.

6.

Exception. The board may waive entirely the in-lieu contribution when it finds that the development which will result from the application is so minor in scope that its impact on the community, relative to existing conditions, will be insignificant.

C.

Capital Contribution for Sidewalk Construction. When contributions for sidewalk construction are required, the fee shall be paid into a capital reserve account for sidewalk construction prior to issuance of a building permit and shall be based upon the following fee schedule:

1.

Minor subdivision: one hundred dollars ($100.00) per square yard.

2.

Minor site plan: one hundred dollars ($100.00) per square yard.

3.

Use variance or undersized lot variance resulting in a new single-family dwelling: one hundred dollars ($100.00) per square yard.

4.

Major site plan or major subdivision: an amount equal to one hundred (100) percent of the reasonable cost of installing sidewalks along the entire frontage of the property where sidewalks do not exist. The amount shall be calculated by the township engineer based upon typical costs at the time, with a minimum of one hundred dollars ($100.00) per square yard.

5.

In the case of an application requiring multiple approvals: one hundred dollars ($100.00) per square yard.

(Prior code § 13-24)

(Ord. No. 16-2023, §§ I, II, 12-26-2023)

16.18.130 - Soil erosion and sediment control.

A.

Control Techniques to be Included in Application. Soil erosion prevention and sediment control techniques shall be submitted with the preliminary plan. Silt retention berms may be required as determined by the engineer at storm outfall lines.

B.

Conformance with State and County Requirements. Soil erosion provisions shall be made to be in strict compliance with Standards for Soil Erosion and Sediment Control in New Jersey, November, 1982, as may be amended from time to time, and shall be subject to required submissions and approvals by the Gloucester County soil conservation district.

(Prior code § 13-26)

16.18.140 - Topsoil protection.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Under no circumstances shall any soil or earth be sold or otherwise removed from the site, unless application is made and approval granted by the planning board.

(Prior code § 13-29)

16.18.150 - Swimming pools.

A.

Location. No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear yard areas only and shall occupy no more than seventy-five (75) percent of the rear yard areas.

B.

Fencing

1.

Required. Any private residential swimming pool first installed after the adoption of this section must be surrounded by a suitable, self-latching fence at least four feet, but no more than six feet, in height.

2.

Exception. Aboveground pools are excluded from fencing requirement provided that such pool is more than four feet above ground and has a self-locking gate on the access lip to the pool or removable steps.

(Prior code § 13-32)

16.18.160 - Retaining wall structures.

Retaining wall structures greater than five feet in height are permitted accessory structures in all residential zones in accordance with the following:

1.

Retaining wall structures shall be setback a minimum distance of fifty (50) feet from principle residential structures.

2.

Retaining wall structures shall be setback a minimum distance of twenty (20) feet from residential development boundary lines.

(Ord. No. 4-2022, § 1, 4-12-2022)