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Harvey Cedars City Zoning Code

§ 13-7.4

Easements.

[Ord. No. 2001-02; Ord. No. 2011-14; amended 2-1-2023 by Ord. No. 2023-01]
a. 
No building or structure shall be erected on a lot of less than 5,000 square feet and having a frontage of less than 50 feet upon a dedicated or approved street, road, or public or private way not less than 50 feet wide, except that in that portion thereof lying southeastwardly of Long Beach Boulevard and between the southerly boundary line of the Borough and Cumberland Avenue, a building may be erected on a lot fronting on a private way not less than 25 feet wide provided that the lot is at least 6,000 square feet in area and has a frontage on the private way of at least 60 feet and has a front yard setback of at least 15 feet.
b. 
Each lot must front upon an approved street at least 50 feet in width, except lots fronting the “beach-dune protective facility” as shown on the map entitled “Ocean Front Building Line and Bulkhead Line for the Borough of Harvey Cedars” prepared by Thomas J. Taylor Associates, Borough Engineers, dated March 5, 1965 and on file in the office of the Borough Clerk or any revision thereof. Such lot may front the facility provided an easement, right-of-way, or a portion of the lot is provided giving access from the lot to a street or an existing easement at least 25 feet wide. The easement, right-of-way, or portion of the lot shall not exceed 150 feet in length, shall extend the entire length of any lot to which it gives access, shall be at least 20 feet in width along its entire length, and shall be maintained in such a manner as to provide vehicular access to the lot and so as not to be a blighting or deteriorating influence on neighboring property. No building or structure, whether principal or accessory, shall be closer than eight feet to the easement line.
c. 
A Lot May Also Front on Barnegat Bay. Lots fronting on Barnegat Bay shall have access to a street at least 50 feet wide by way of an easement or right-of-way at least 15 feet wide. Said easement shall extend the entire length of any lot to which it gives access, and shall not give access to more than one lot, and shall be maintained in such a manner so as to provide vehicular access to the lot, and so as not to be a blighting or deteriorating influence on neighboring property. No building or structure, principal or accessory, shall be closer than three feet to the easement line.
d. 
Every lot created pursuant to this subsection shall have a minimum area of 5,000 square feet. In computation of such area, no portion of a street or easement shall be included. The area of a lot designated as a drainage or utility easement may be used towards lot coverage and habitable area calculations, provided the easement is not also an access easement.
e. 
Any private easement established for the purpose of ingress and egress for the benefit of properties on that easement shall be maintained by the owners thereof in such a manner as to be level, unobstructed, free of depressions, potholes and the like. They shall be of a material so as to ensure that any emergency vehicles, such as, but not limited to, fire, police and first aid, may obtain uninhibited access through said easement and further shall ensure that said emergency vehicles will not be damaged thereby and emergency personnel and/or occupants are not injured thereby.
Easements developed for the purpose of ingress and egress shall remain clear and unobstructed by trees, hedges, bushes, branches or any other growth for a minimum of 15 feet wide and unlimited height clearance so as to ensure that any emergency vehicle may obtain uninhibited access, nor shall they have any other material obstructions such as but not limited to stone walls, landscaping devices, fences, buildings or other materials on or within the easement area. See Subsection 13-15.4c regarding trash rack placement for easements. Temporary structures of any kind shall not be permitted on or within the easement area.