Egg Harbor Township
City Zoning Code

Certification of foundation. Upon completion of the foundation of any building authorized by any permit and prior to approval of said foundation, the holder of such permit shall provide the Construction Official with a survey prepared by a New Jersey licensed surveyor which shows the top of block elevation and the distance of the foundation from each property line. No further construction of the structure is to commence until such time as the elevation and location of the foundation have been approved by the Construction Official, or his designee.

As-built certification. Upon completion of the erection or alteration of any building authorized by any permit and prior to occupancy or use, the holder of such permit shall notify the Construction Official of such completion. Permit holders completing new construction shall submit to the Zoning Officer certification from a licensed New Jersey licensed surveyor demonstrating compliance with approved finished floor and site grading, height limitations, front, side and rear yard setbacks and building coverage as set forth by this chapter, or any modification of these limitations by variance granted by the Planning Board or Zoning Board of Adjustment.

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.

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.

Where a building lot has frontage upon a street, which on the Master Plan or Official Map of the Township of Egg Harbor or in the official plans of Atlantic County or of the State of New Jersey is contemplated for right-of-way widening, the required front yard shall be measured from such proposed future right-of-way.

The width of any lot measured at the front property line coexistent with a street line shall be no less than 2/3 of the minimum required lot width as set forth in the schedule.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard, provided that the total area of all such porches, which extend into such yards, does not exceed 1,000 square feet.

An accessory building attached to the principal building shall comply in all respects with the yard requirements 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 and shall conform to the yard requirements in respect to accessory buildings as set forth in the schedule.

No garage that is an accessory use to a residential building in any zone shall be used for living quarters wherein said garage is detached from the main living quarters of the main house.[1]

No lot shall have erected upon it more than one principal single-family residential building. Within the Pinelands Area, no more than one principal use shall be located on any one lot, except for forestry, agriculture, fish and wildlife management, wetlands management, and recreational development on agricultural lands. Outside the Pinelands Area, multiple permitted principal uses are permitted in the commercial and industrial zoning districts as long as approval is granted in accordance with Article XI of this chapter.

(Reserved)[1]

The area of a lot shall include only land areas above mean high tide sea level. Further, no land area within a public right-of-way, regardless of deed description, shall be included as part of the lot area.

All land classified as floodplain and/or tidelands as shown on United States Department of Agriculture Soils Surveys of Egg Harbor and/or Department of Environmental Protection Water Policy Maps shall require Environmental Protection Agency development approval prior to issuance of a building permit for affected lands.

All private schools, as defined herein by § 225-3, shall be located on a lot of no less than five acres and shall have direct access to a street classified as other than a local street in the adopted Master Plan of Egg Harbor Township. Further, all private schools shall comply, where applicable, to the New Jersey Department of Education standards for public schools.

Prior to the issuance of a permit for the erection of any building or structure, the permit applicant must demonstrate to the satisfaction of the Construction Official that the lot abuts a public street which meets the requirements of N.J.S.A. 40:55D-35. In addition, such street shall have been certified to be suitably improved in accordance with § 94-46 of the Egg Harbor Township Code for a distance which corresponds to the required minimum lot width for the zone in which the lot is located, or to the driveway for the proposed structure, whichever is greater. In lieu of the street improvement, the applicant may post a performance guaranty in accordance with N.J.S.A. 40:55D-35 to ensure the required road improvements.

The limitations on signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or Township government, or agency thereof, nor to any "no trespassing" sign erected in accordance with the applicable statutes of the State of New Jersey.

The limitations on sign location and area as set forth by this chapter for the business and light industry zones shall not apply to parking lot markers, directional signs and entrance and exit signs which are erected on the premises, provided that each such sign does not exceed two square feet in area and does not contain any advertising of the use on the premises, and further provided that the number and location of said signs are approved by the Planning Board.

The installation of any fence, except for a living hedge, shall require the submission of an application and procurement of a permit from the Zoning Officer in accordance with the requirements of this section.

All applications for a fence permit shall be accompanied by a drawing of the proposed fence design which meets the following standards and provides the following information:

Fences may be erected, altered or reconstructed to a height not to exceed four feet above ground level when located within 25 feet of a right-of-way. When located more than 25 feet from a right-of-way, fences shall not exceed a height of six feet.

Fences located within 25 feet of a right-of-way shall be constructed in such a manner as to provide at least fifty-percent open space.

Fences on lagoon properties shall be constructed with fifty-percent open space for a minimum distance of at least 15 feet from any bulkhead or rear property line along the side line or side yard of any residential lot so as not to obstruct the view of the lagoon. The entire rear line or rear yard fence shall also be fifty-percent open. All living fences and hedges shall adhere to the above-stated fifteen-foot side line regulations and shall not be constructed (planted) in a continuous manner.

The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet above ground level anywhere within a public park, public playground, school premises or commercial zone.

All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon adjacent properties or public rights-of-way. Fence gates shall be designed to prevent the open swing of the gate from encroaching upon adjacent properties or public rights-of-way.

All fences must be constructed with the face, or finished side, away from the property and the structural side toward the interior of the lot(s) on which it is erected.

All fencing shall be in conformance with the requirements for visibility at intersections listed in § 225-15 of this chapter.

Living fences, hedges or screen plantings shall be planted no closer than three feet to a property line and shall be maintained in a neatly trimmed condition on the property so planted.

All fences and walls shall be maintained in a safe, sound and upright condition.

If the Zoning Officer, upon inspection, determines that any fence or portion thereof is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence repaired or removed within 30 days of the date of the written notice.

Fencing may not be erected in any yard if it acts to inhibit access to Township fire, police and emergency medical services.

These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms and farm operations except insofar as such fences might affect the public safety.

Temporary fences such as snow fences, expandable fences, collapsible fences, canvas and cloth fences may be permitted upon a determination by the Zoning Officer that such fencing is necessary to inhibit the dispersal of airborne material during construction activity.

The following fences are prohibited in all residential districts except when constructed as per Subsection O above:

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utilities Commissioners and the National Electrical Code in effect at the time of construction, and such fences may not exceed a maximum height of 15 feet above grade.

No horse training corral or barnyard for the keeping or training of riding horses for hire shall be permitted to be located or established within 250 feet of any existing private dwelling not located on the lot used for the aforesaid purposes, the further provided that no more than two horses per acre shall be pastured or stabled at the premises.

Keeping of horses shall be permitted as an accessory use in the RA, R-1, R-1 (PUD) and R-2 Residential Districts. No more than two horses per acre shall be permitted on such parcel of land, and further provided that no horses shall be permitted on a lot of less than 20,000 square feet.

The keeping of horses, cows and sheep on a lot whose principal use is a single-family dwelling shall be permitted in any zone, provided that the lot area is 40,000 square feet or more, except as permitted in § 225-17B, and that no more than two such animals are kept at the premises and that a barn or shed to house such animals is not less than 50 feet from any lot line.

The use of a lot in any zone primarily for the storage of bulk oil or gasoline above the ground.

The business of selling used lumber, building materials and defunct motor vehicles or parts thereof; the storage of used lumber and building materials.

Junkyards, automobile wrecking yards or disassembly yards or the sorting or baling of scrap metal, paper, rags or other scrap material.

Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration or waste products.

Gravel pits or sand mines.

Dismantling of motor vehicles and/or machinery by burning.

Piggeries or the business of raising pigs.

The manufacture of explosives, volatile chemicals or any uses which would produce similar hazard or nuisance, such as but not limited to the following industrial uses:

No motor vehicle truck bodies, bus bodies or other temporary structures shall be placed on any lot or lots in any zone for any purpose whatsoever except during the period of construction of a principal building on the same lot or lots.

All basketball hoops and backboards in front yard areas shall be permitted on the front of the building or on a pole on the driveway only. Permanent basketball poles shall be located no closer than 10 feet to any property line.

No sporting equipment of any type is permitted to be within the public streets, highways and/or rights-of-way within the Township.

A site plan shall be required in accordance with the procedures, conditions and regulations as set forth in Article XI of this chapter for all buildings except single-family dwellings, two-family dwellings, farm buildings or for such accessory uses as a private garage, private swimming pool or toolhouse. A site plan shall be required for the land disturbance of any area in excess of 5,000 square feet for the purpose of excavation, soil removal, site clearing or filling of land contemplated for development, excluding agricultural purposes. Additions to residential uses for professional home offices shall require site plan approval. All volunteer fire companies, ambulance and rescue squads of the Township of Egg Harbor shall not have to satisfy site plan requirements.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant general development plan, preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 225-53.4 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval or, if no such approval is required, prior to the issuance of any construction permits.

Purpose. This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2), N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act N.J.S.A. 40:55D-8.1 through 40:55D-8.7. Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.

Basic requirements.

Definitions. As used herein the following terms shall have the following meanings:

Residential development fees.

Non-residential development fees.

Collection procedures.

Appeal of development fees.

Affordable Housing Trust Fund.

Use of funds.

Monitoring. On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1 to December 31 through the AHMS Reporting System. This reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024, statutory elimination per P.L. 2024, c. 2), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.

Ongoing collection of fees.

Emergent affordable housing opportunities. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.