This chapter shall be known and may be cited as the "Zoning
Ordinance of the Township."
A.Â
The general purposes of this chapter, which is adopted in accordance
with the Municipal Land Use Law, are as follows:
(1)Â
To guide and regulate the orderly growth, development, and redevelopment
of the Township in accordance with a comprehensive plan and with long-term
objectives, principles, and standards deemed beneficial to the people;
(2)Â
To protect the established character and the socioeconomic well-being
of both public and private property;
(3)Â
To promote, in the public interest, the utilization of land for the
purpose for which it is most appropriate;
(4)Â
To secure safety from panic, fire and other hazards and to provide
adequate light, air and convenience of access;
(5)Â
To prevent overcrowding of land or buildings and to avoid undue concentration
of population;
(6)Â
To lessen and, where possible, to prevent traffic congestion on public
streets and highways;
(7)Â
To conserve the value of the buildings and to enhance the value of
land throughout the Township;
(8)Â
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;
(9)Â
To encourage planned developments which incorporate the best features
of design and relate the type, design and layout of residential, commercial,
industrial and recreational development to the particular site.
B.Â
It shall also be the purpose of this chapter to implement the objectives
of the Pinelands Protection Act and the Pinelands comprehensive management
plan and to conform with the minimum standards contained in said plan.
These objectives with respect to the Pinelands are to protect, preserve
and enhance the significant values of the resources thereof, including
natural, ecological, agricultural, archaeological, historic, scenic,
cultural and recreational resources of Ocean Township and the Pinelands.
In their interpretation and application, the provisions of this
chapter will be held to be minimum requirements, adopted for the promotion
of the public health, safety, morals, or general welfare. Wherever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, ordinances, deed
restrictions, or covenants, the most restrictive or that imposing
the higher standards, shall govern.
A.Â
No building, structure or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered except in
conformity with all of the regulations in this chapter specified for
the district in which it is located.
B.Â
All requirements shall be met at the time of any erection, enlargement,
moving or change in use. If a new structure is added to an existing
complex of structures or if an existing structure has an addition,
the site plan provisions of this chapter shall apply to the enlargement
or new structure.
C.Â
All developments resulting from site plan approvals shall comply
with all the design and performance standards, including conditions
imposed by the approving authority as shown on the approved plan and/or
included in the resolution adopted by the approving authority.
A.Â
No part of a yard or other open space or off-street parking or loading
space required about or in connection with any building for the purpose
of complying with the provisions of this chapter shall be included
as part of a yard, open space or off-street parking or loading space
similarly required for any other building except as specifically provided.
B.Â
Not more than one principal building used as a dwelling shall be
permitted on one lot, except that this provision shall not apply to
planned residential communities and multiple-family developments permitted
under this chapter.
C.Â
Nothing in this chapter shall require any change in a building permit,
site plan or zoning variance which was approved before the enactment
of this chapter but is in violation of this chapter, provided that
construction based on such a building permit shall have been started
within the effective period of the permit, but not to exceed one year
from the effective date of this chapter, and, in the case of a site
plan or variance, a building permit shall have been issued within
one year following the effective date of this chapter. In all instances,
the project shall be continuously pursued to completion; otherwise,
said approvals and permits shall be void.
A.Â
Where it can be demonstrated by an applicant that, because of peculiar
conditions pertaining to his/her land, the literal enforcement of
one or more of the regulations of this chapter is impracticable or
will exact undue hardship, the municipal board having jurisdiction
may permit such variations or modifications as may be reasonable and
within the general purpose and intent of the rules, regulations and
standards established by this chapter.
B.Â
In all zoning districts, it shall be unnecessary to apply for or
obtain a variance for the alteration or enlargement of a structure,
if all of the following conditions are present:
(1)Â
The lot upon which the building is situated complies with the requirements
of the applicable zoning ordinance at the time the existing structure
was constructed;
(2)Â
The lot was made nonconforming solely by reason of the passage of
a subsequent zoning ordinance which increased the required minimum
frontage of lots in the zoning district in which the lot is located;
(3)Â
The proposed alteration or enlargement of the building will not extend
into nor encroach upon or diminish the size of the required front,
side and rear yard areas; and
A.Â
The word "shall" is mandatory and the word "may" is permissive.
B.Â
Words used or defined in one use or form shall include other uses
or derivative forms.
C.Â
Words in the singular shall include the plural and words in the plural
shall include the singular.
D.Â
The word "lot" includes "plot" and "parcel"; the word "structure"
includes "building"; the word "district" includes "zone"; the word
"occupied" includes "designed" and "intended to be occupied"; the
word "used for" includes "arranged for," "designed for," and "intended
to be used for."
E.Â
For the
purposes of computing time limits, the word "day" shall refer to a
calendar day.
[Amended by Ord. No. 1997-10; Ord. No. 2003-10; Ord. No. 2004-28; Ord. No. 2006-17; Ord. No. 2007-4]
As used in this chapter, the following words shall have the
meaning indicated in this section.
A dwelling unit either attached to a single-family principal
dwelling or located on the same lot and having an independent means
of access.
[Added 4-14-2016 by Ord.
No. 2016-3]
An accessory building which has at least 50% of one of the
structural walls of the accessory building coincident with the principal
structure. Connection by way of an enclosed walkway or breezeway shall
not be considered attached. Any accessory building attached to a principal
building is considered part of the principal building and shall adhere
to the yard requirements for the principal building.
[Added 5-8-2008 by Ord. No. 2008-11; amended 4-14-2016 by Ord. No. 2016-3]
[Amended 4-14-2016 by Ord. No. 2016-3]
A structure or use which:
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served;
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter; and
Is customarily incidental and subordinate to the principal use
of the land or building.
Accessory buildings or uses shall include detached private garages,
farm structures, tool and garden sheds, retaining walls, swimming
pools and hot tubs, and other such customary accessory structures
and uses;
Accessory buildings or uses shall also include buildings or
uses which have independent foundations and walls and which are attached
to the principal structure or principal use served by a breezeway
or other covered walkway which merely serves as a connection or a
conduit between the principal structure or use and the accessory structure
or use.
For Planning Board matters, the Planning Board secretary;
for Board of Adjustment matters, the Board of Adjustment secretary;
for Township Committee matters, the Clerk; and for zoning permit matters,
the Zoning Officer.
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural processing
facilities such as a farm itself, nor facilities which are solely
processing facilities.
Any production of plants or animals useful to man, including
but not limited the: forages or sod crops; dairy animals and dairy
products; poultry and poultry products; livestock, including beef
cattle, sheep, swine, horses, ponies, mules or goats, and including
the breeding and grazing of any or all of such animals; bees and apiary
products; fur animals; trees and forest products; fruits of all kinds,
including grapes, nuts, and berries; vegetables; nursery, floral,
ornamental and greenhouses products; or any land devoted to and meeting
the requirements and qualifications for payments or other compensation
pursuant to a soil conservation program under an agency of the federal
government.
An individual or community on-site waste treatment system
that has the capability of providing a high level of treatment including
a significant reduction in the level of total nitrogen in the wastewater,
limited to the following systems authorized for use for residential
development by the pilot program established in N.J.A.C. 7:50-10 Part
IV:
A portion of a building consisting of a room or rooms used
as a dwelling by a family and set apart as a separate dwelling unit
from other dwelling units in or in portions of said building.
A person submitting an application for development.
Any board, body or other authority within the Township with
authority to approve or disapprove subdivision, site plans, construction
permits or other applications for development approval.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48; and
40:55D-49) prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 11-10-2011 by Ord. No. 2011-21]
An exterior floor system projecting from a structure and
supported entirely by that structure, with no additional independent
supports. Balconies shall be considered part of the principal structure
they are attached to.
[Added 6-27-2013 by Ord. No. 2013-13]
A story partly underground and having more than half of its
height above the average level of the finished grade at the front
of the building and with a floor-to-ceiling height of not less than
6.5 feet.
[Amended 4-14-2016 by Ord. No. 2016-3]
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 11-10-2011 by Ord. No. 2011-21]
An establishment, the primary function of which is new boat
construction, boat repair, and maintenance, or a combination of the
two, including the sale of boats.
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.
[Added 11-10-2011 by Ord. No. 2011-21]
Any structure having a roof supported by columns, piers,
or walls including tents, lunch wagons, trailers, dining cars, camp
cars, or other structures on wheels, or having other supports and
any unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the height
of the building is measured.
The total area, measured along the exterior perimeter of
buildings, on a horizontal plane at ground level of the principal
building(s) and all accessory buildings, exclusive of the following:
[Amended 6-27-2013 by Ord. No. 2013-13; 4-14-2016 by Ord. No. 2016-3]
Decks having a height of 48 inches or less as measured from
the top of the planking to the adjacent grade shall not be included
in the building area calculations. The height of handrails or guards
shall not be included when calculating deck height.
Unroofed porches, stairs, ramps, terraces and patios shall not
be included in the building area calculations.
[Amended 5-12-2011 by Ord. No. 2011-7; 6-27-2013 by Ord. No.
2013-13; 6-11-2015 by Ord. No. 2015-4]
For residential properties which are not located in a flood
hazard area (FHA), as defined by N.J.A.C. 7:13, building height shall
be the vertical dimension measured from the average elevation of the
finished grade at the front of the building to the highest point of
the roof for flat roofs; the average distance between the eaves and
ridge level for gable, hip, and gambrel roofs; and to the deck level
for mansard roofs. Building height shall be a maximum of 35 feet and
2.5 stories.
For residential properties which are located in a flood hazard
area (FHA), as defined by N.J.A.C. 7:13, building height shall be
the vertical dimension measured from the flood hazard area design
flood elevation, as defined by N.J.A.C. 7:13 (Design flood is the
BFE required height plus one foot of freeboard), to the highest point
of the roof for flat roofs; the average distance between the eaves
and ridge level for gable, hip, and gambrel roofs; and to the deck
level for mansard roofs. Building height in an FHA shall be a maximum
of 32 feet and 2.5 stories.
For nonresidential properties, building height shall be the
vertical dimension measured from the average elevation of the finished
grade at the front of the building to the highest point of the roof
for flat roofs; the average distance between the eaves and ridge level
for gable, hip, and gambrel roofs; and to the deck level for mansard
roofs. Building height shall be a maximum of 35 feet and 2.5 stories.
[Amended 6-18-2020 by Ord. No. 2020-6]
A line parallel to the street right-of-way touching that
part of a building closest to the street.
[Amended 4-14-2016 by Ord. No. 2016-3]
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation, or other short-term uses. "Camper"
does not include mobile homes or trailers.
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal baths.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16[1] for use in cannabis products as set forth in this act,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
[Added 5-17-2022 by Ord.
No. 2022-10]
Any licensed person or entity that grows, cultivates, or
produces cannabis, and sells, and may transport, this cannabis to
other cannabis cultivators, or usable cannabis to cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 (Cannabis Cultivator) license.
[Added 5-17-2022 by Ord.
No. 2022-10]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service which, after presenting the
purchase order to the cannabis retailer for fulfillment, are delivered
to that consumer. This person or entity shall hold a Class 6 (Cannabis
Delivery) license.
[Added 5-17-2022 by Ord.
No. 2022-10]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 (Cannabis Distributor)
license.
[Added 5-17-2022 by Ord.
No. 2022-10]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 (Cannabis Manufacturer)
license.
[Added 5-17-2022 by Ord.
No. 2022-10]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 (Cannabis Retailer) license.
[Added 5-17-2022 by Ord.
No. 2022-10]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 (Cannabis Wholesaler)
license.
[Added 5-17-2022 by Ord.
No. 2022-10]
A story partly underground and having less than half of its
clear height above the average level of the adjoining ground or with
a floor-to-ceiling height of less than 6.5 feet.
[Amended 4-14-2016 by Ord. No. 2016-3]
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4:34 that a complete application for development
has been filed.
A certificate issued by the Zoning Officer upon completion
of the construction of a new building or upon a change in the occupancy
of a building which certifies that all requirements of this chapter,
or such adjustments thereof which have been granted by the Board of
Adjustment, and all other applicable requirements, have been complied
with.
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clear-cutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees: however, some trees
may be left on the parcel, as defined by the Pinelands Comprehensive
Management Plan (CMP), N.J.A.C. 7:50.
[Added 11-10-2011 by Ord. No. 2011-21; amended 4-14-2016 by Ord. No. 2016-3; 10-13-2016 by Ord. No. 2016-10]
The large-scale, indiscriminate removal of trees, shrubs
and undergrowth with the intention of preparing real property for
nonagricultural development purposes.
[Added 10-13-2016 by Ord.
No. 2016-10]
Development based on an overall density for the entire tract
allowing reduced lot sizes so that higher densities result in individual
segments of the tract; provided, the gross density of the entire tract
permitted by this chapter is not exceeded and open space preservation
is an integral part of the design.
The New Jersey Council on Affordable Housing.
Land or water, or a combination of land and water, together
with improvements, within or related to a development, not individually
owned or dedicated for public space, that is designed and intended
for the common use or enjoyment of/by the tenants and/or owners of
the dwelling units in the development.
[Amended 4-14-2016 by Ord. No. 2016-3]
A use permitted in a particular district only upon a showing
that such use in a specified location will comply with the conditions
and standards for the location or operation of such use as contained
in this chapter, and upon the issuance of an authorization therefor
by the Planning Board.
A residential development, usually multiple-family or attached
townhouse dwellings, in which dwelling units are owned individually,
but in which the land or lot which they occupy is held in ownership
by the developer or is conveyed as property in common ownership to
the owners of individual units. Responsibility for maintenance of
grounds and buildings in such projects may be retained by the developer
or management agent in return for maintenance fees assessed against
dwelling unit owners.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
Land which is connected or adjacent to other land so as to
remit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a function unit.
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). "Coppicing" typically
involves short rotations with dense stands of short trees.
[Added 11-10-2011 by Ord. No. 2011-21]
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or post, piers or other independent
supports. Deck surfaces shall be generally horizontal and shall consist
of planking providing adequate gaps between adjacent planks for stormwater
runoff to infiltrate through a deck. Deck height shall be measured
as the vertical dimensions form the top of the planking to the adjacent
grade along the perimeter of the deck.
[Amended 5-12-2011 by Ord. No. 2011-7; 11-11-2011 by Ord. No.
2011-23[2]; 6-27-2013 by Ord. No. 2013-13]
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a development including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction drilling, or excavation
on a parcel of land;
Commencement of forestry activities;
Demolition of a structure or removal of trees;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Money paid by an individual, person, partnership, association,
company or corporation related to the improvement of property as permitted
in COAH's rules and as required by this chapter.
As defined in the Pinelands Comprehensive Management Plan
and applicable in the Pinelands area, "major development" means any
division of land into five or more lots; any construction or expansion
of any housing development of five or more dwelling units; any construction
or expansion of any commercial or industrial use or structure on a
site of more than three acres; or any grading, clearing or disturbance
of an area in excess of 5,000 square feet.
All forms of development in the Pinelands area other than
major development.
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 11-10-2011 by Ord. No. 2011-21]
A portion of the territory of Ocean Township within which
certain regulations and requirements or various combinations thereof
apply pursuant to the provisions of this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
Lands required for the installation of stormwater sewers
or drainage ditches or those required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, in accordance with N.J.S.A.
58:1-1 to 58:1-34.
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 11-10-2011 by Ord. No. 2011-21]
Any structure or portion thereof which is designed or used
for residential purposes.
Any room or group of rooms located within a structure forming
a single habitable unit with facilities for living, sleeping, cooking,
eating and sanitation by one family.
One dwelling unit in a series of three or more attached dwelling
units, with each dwelling unit extending from the ground to the roof
and having individual outside access.
A building containing one dwelling unit and which is set
apart from other buildings.
The building containing three or more dwelling units.
A building containing two dwelling units separated from ground
to roof by a common wall, with each dwelling located on a separate
lot.
[Amended 4-14-2016 by Ord. No. 2016-3]
See "dwelling, detached."
See "dwelling, attached."
A building containing two dwelling units.
All electric lines other than electric transmission lines.
Any electric lines which are part of an electric company's
transmission and subtransmission system, which provide a direct connection
between a generating station or substation of the utility company
and:
An addition to the floor area of an existing building, an
increase in the size of any other existing structure, or an increase
in that portion of a tract of land occupied by an existing use.
The Ocean Township Environmental Commission as established
under N.J.S.A. 40:56A-1 et seq.
The value of a property determined by the municipal tax assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction cost. Final equalized assessed
value will be determined at project completion by the municipal tax
assessor.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
One or more persons living together in a dwelling as a single
housekeeping unit.
As defined in the Pinelands comprehensive management plan,
"immediate family" means those persons related by blood or legal relationship
in the following manner: grandparents, grandchildren, parents, sons,
daughters, brothers, sisters, aunts, uncles, nieces, nephews, first
cousins, husbands and wives, great-grandparents, and great-grandchildren.
One or more lots which may contain a residence with at least
five additional acres used for agricultural purposes.
The official action of the Planning Board or in some cases
by the Board of Adjustment, taken on a preliminarily approved site
plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guaranties properly posted for their completion,
or approval conditioned upon the posting of such guaranties.
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
As defined and regulated by the New Jersey Department of
Environmental Protection (NJDEP) pursuant to the New Jersey Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
The relatively flat area adjoining a water channel which
has been or may be hereafter covered by floodwater, as defined by
the Pinelands Comprehensive Management Plan (CMP), N.J.A.C. 7:50.
[Added 10-13-2016 by Ord.
No. 2016-10]
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 11-10-2011 by Ord. No. 2011-21]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 11-10-2011 by Ord. No. 2011-21]
A structure that is accessory to a single- or two-family
dwelling, is used for the parking and storage of vehicles owned and
operated by the residents thereof, and is not a separate commercial
enterprise available to the general public.
[Amended 4-14-2016 by Ord. No. 2016-3]
Any area of land, including structures thereon, that is used
for the sale of gasoline or other vehicle fuel oil or lubricating
substance and which may include the sale of motor vehicle accessories
and facilities for polishing, greasing, washing, spraying, dry cleaning
or otherwise cleaning or servicing such motor vehicles.
The completed surfaces of lawns, walks and roads brought
to grade as show on official plans or designs relating thereto.
The entire area of a lot, parcel, or tract without deductions
for roads or other improvements, but not including natural tidal or
nontidal bodies of water, or that portion of the lot, parcel or tract
below the mean high-water line. Gross acreage specifically prohibits
the inclusion of any mapped wetlands as defined by the Army Corps
of Engineers.
The total enclosed floor area of a structure for residential
purposes or for business or commercial activities which, in the case
of the latter, includes customer facilities, showcase facilities,
and storage and sales facilities. For residential uses, porches and
floor area with headroom less than seven feet three inches shall be
excluded.
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 11-10-2011 by Ord. No. 2011-21]
The natural environment of an individual plant or animal,
population, or community.
Any building, structure, site, or group of features comprising
a district which is designated as important to the history or prehistory,
architecture, archaeology, or culture of the nation, state, region,
county or local area.
A retail or service business which is operated in a dwelling,
or a building accessory thereto and which:
Is carried on primarily by a member or members of the family
residing in the dwelling;
Is clearly incidental and secondary to the use of the dwelling
for residential purposes, occupying not more than one-third of the
floor area of the dwelling, or equivalent space in an accessory building;
Not more than one person outside the family shall be employed
therein;
There shall be no exterior display or storage of materials,
unless as otherwise provided for under this chapter.
Home occupations are accessory uses of residential properties
and may include personal services, such as beauty care and dressmaking,
professional services, such as the office of a physician or accountant,
and other businesses, including antique sales and refinishing and
teaching. No business activity which would constitute a nuisance to
adjoining properties by reason of electrical interference, noise,
vibration, glare, and excess traffic or which would have the obvious
and visible appearance of a commercial enterprise shall be considered
as a home occupation under this definition and in the interpretation
of this chapter.
Home professional office. See "home occupation."
A nonprofit organization operating under a recorded land
agreement through which each lot owner, condominium owner, stockholder
under a cooperative development or other owner of property or interests
in a development project shall be a member; each dwelling unit is
subject to a charge for a proportionate share of the expenses for
the activities of the organization and maintenance of common property,
including any maintenance costs levied against the association or
the municipality; and each owner and tenant has a right to use of
common property.
Any plant growing in water or in substrate that is at least
partially deficient in oxygen as a result of excessive water contact.
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 11-10-2011 by Ord. No. 2011-21]
The ratio of all surfaces covered by impervious materials
to the total lot area, expressed as a percentage. "Impervious surface"
shall mean a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. Impervious
surfaces shall include all parking spaces and parking lots regardless
of surface material; driveways regardless of the surface material;
paver patios, walkways and areas; concrete patios, walkways and areas;
tennis courts; and any other material or ground condition that does
not permit the natural soil absorption and permeation of water shall
be considered impervious. Decks, patios utilizing open cell pavers,
walkways constructed of crushed stone or similar materials, and landscaped
areas constructed from crushed stone or similar materials shall not
be considered impervious so long as they are not constructed above
an impermeable liner or material. In addition, pools, both in-ground
and aboveground, are specifically excluded from consideration as impervious
surfaces. Marinas shall be exempt from this definition.
[Amended 5-12-2011 by Ord. No. 2011-7; 6-27-2013 by Ord. No.
2013-13; 4-14-2016 by Ord. No. 2016-3]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service, Title 210, Engineering, 210-3-1, Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability
[Added 11-10-2011 by Ord. No. 2011-21]
A development containing low- and moderate-income units as
defined by COAH regulations.
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 11-10-2011 by Ord. No. 2011-21]
As defined in the Pinelands comprehensive management plan,
"institutional use" means any land used for the following public or
private purposes: educational facilities, including universities,
colleges, elementary and secondary and vocational schools, kindergartens
and nurseries, cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as integral to the
operation of the hospital; medical and health service facilities,
including nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities,
military facilities, churches, cemeteries, public office buildings;
and other similar facilities.
The following:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
In the case of a civil proceeding in any court in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, require or
enjoy property is or may be affected by any action taken under the
Municipal Land Use Law or whose right to use, acquire, or enjoy property
under the Municipal Land Use Law or under any other law of this state
or of the United States has been denied, violated or infringed by
an action or a failure to act under the Municipal Land Use Law.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands comprehensive
management plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
Any area or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind. The
storage or other use of not more than three disabled vehicles in conjunction
with a public garage shall not be considered a junkyard.
A business devoted to the boarding, care or breeding of five
or more dogs and/or cats.
A navigable dredged or natural canal or channel of water
connected with or leading to the Barnegat Bay.
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above, or below the surface and any
water found thereon.
A site including an open dump, where solid waste, liquid
and dry sewage sludge, and liquid and dry chemical waste are disposed
of by land application with or without the use of management practices
or soil covering.
The installation of plant material or seed as a part of development.
An off-street berth within a structure or in the open, but
on the same lot with a building or group of buildings, for the temporary
parking of a vehicle while loading or unloading.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
A designated parcel, tract, or area of land abutting a street,
but not including any portion of the street and established by a plat
or is otherwise permitted by law; and to be used, developed, or built
upon as a unit. In the case of the transfer program, all the land
is made part of the developable property and deed restricted for future
use.
The area contained within the lot lines. In the case of the
transfer program, all the area of all lots considered as one for development
purposes.
The percentage of the lot area covered by building area,
exclusive of in ground pools.
[Amended 5-12-2011 by Ord. No. 2011-7]
The shortest distance between the front lot line or street
line and a line drawn parallel to the front line through the midpoint
of the rear lot line.
The distance between the side lot lines measured along the
street line, which shall not be less than two-thirds of the required
lot width.
Any line forming a portion of the exterior boundary of a
lot, which shall be the same line as the street line for that portion
of a lot abutting a street.
The minimum distance between the side lot lines measured
at the required front building setback line.
A lot at the junction of two or more intersecting streets
where the interior angle of the intersection does not exceed 135°.
All corner lots shall have two front yards, one side yard and one
rear yard. The side yard shall be considered the lesser of the two
yards which are not front yards.
A lot other than a corner lot.
Any security which may be accepted by the Township for the
maintenance of any improvement required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of Public Law 1991, c.256.[4]
A facility for the storing, serving, fueling, berthing, and
securing of boats and which may include eating, sleeping, and retail
facilities for owners, crews, and guests.
[Amended 4-14-2016 by Ord. No. 2016-3]
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted pursuant
to Section 19 of P.L. 1975, c.291 (N.J.S.A. 40:55D-28).
Cannabis dispensed to registered qualifying patients pursuant
to the Honig Act and N.J.S.A. 18A:40-12.22 et seq. "Medical cannabis"
does not include any cannabis or cannabis items which are cultivated,
produced, processed and consumed in accordance with the Cannabis Regulatory
Enforcement Assistance Marketplace Modernization Act.
[Added 5-17-2022 by Ord.
No. 2022-10]
An organization that is issued a permit by the Cannabis Regulatory
Commission authorizing the organization to purchase or obtain medical
cannabis and related supplies from medical cannabis cultivators, purchase
or obtained medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products and related supplies and paraphernalia from other
medical cannabis dispensaries and from clinical registrants; deliver,
transfer, transport, distribute, supply and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of the Honig Act; and possess, display, transfer,
transport, distribute, supply, sell and dispense medical cannabis,
medical cannabis products, paraphernalia and related supplies to qualifying
patients, designated caregivers, and institutional caregivers. A medical
cannabis permit shall not authorize the permit holder to cultivate
medical cannabis, to produce, manufacture, or otherwise create medical
cannabis products.
[Added 8-11-2020 by Ord. No. 2020-11; amended 5-17-2022 by Ord. No. 2022-10]
One or more vehicles, buildings, or structures used as living
quarters by seasonal, temporary, or migrant farm workers in connection
with any work or place where work is being performed, whether or not
rent is paid in connection with the use or occupancy of such premises.
A structure not exceeding 14 feet in width, fabricated as
an entire unit elsewhere and transported on its own wheels or by other
means to a lot for use as a single-family dwelling, complete and ready
for occupancy, whether placed on a permanent foundation or not.
Any lot or tract of land on which two or more authorized
mobile homes are parked permanently or temporarily, either free of
charge or for commercial purposes, including any appurtenant facilities.
A building containing rooms used, rented, or hired out to
be occupied for sleeping purposes by transient guests and where only
a general kitchen and dining room are provided within the building
or as an accessory building.
An independent dwelling unit that has been added onto, or
created within, a single-family house. The unit has separate kitchen,
bathing, and sleeping areas from the single-family home.
[Added 4-14-2016 by Ord.
No. 2016-3]
Refers to N.J.S.A. 40:55D-1 et seq.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 11-10-2011 by Ord. No. 2011-21]
Water capable of being traversed by pleasure craft.
A lot or parcel which does not have the minimum width or
contain the minimum area for the district in which it is located or
the use to which it is being put.
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the district in
which it is located.
Use of a building or of land that does not conform to the
regulations of the district in which it is located.
A day-care operation or school for not less than five preschool-age
children.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c.291.[5]
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
[Added 4-14-2016 by Ord.
No. 2016-3]
Located on the lot or property which is the subject of an
application for development or contiguous plans owned by the applicant
or developer, or on contiguous portions of streets or rights-of-way.
A type of permeable paving consisting of solid units of concrete,
brick or stone that allows water to pass through a central void in
each unit. A paver shall be considered "open cell" if the dimensions
of the central void are equal to at least 1/2 of the dimensions of
the entire unit.
[Added 4-14-2016 by Ord.
No. 2016-3]
Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established,
and which is designed by its owner as land to be used as a unit.
An off-street space available for parking of a motor vehicle
exclusive of passageways and driveways appurtenant thereto and giving
access thereto.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, board and table
games.
[Added 5-8-2008 by Ord. No. 2008-12]
Any security, which may be accepted by the Township, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c.256,[6] and cash.
Includes the following:
Quantitative and qualitative regulations adopted by this chapter
with respect to noise levels, glare, earthborne or sonic vibrations,
heat, radiation, noxious odors, toxic and hazardous substances, smoke
and airborne particles, waste discharge, screening or unsightly objects
or conditions and such other similar matters as may be necessary to
achieve the purposes of this chapter; and
Those other standards required by applicable federal or state
laws or Township ordinances.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 11-10-2011 by Ord. No. 2011-21]
Any use of land or buildings as specifically permitted by
this chapter in each particular zoning district. Permitted uses shall
be considered the "dominant use of the subject premises." Any use
which is not specifically set forth as a permitted use in any zoning
district shall be considered prohibited.
[Amended 3-13-2008 by Ord. No. 2008-04; 5-8-2008 by Ord. No.
2008-13]
An individual, corporation, public agency, business trust,
partnership association, two or more persons having a joint or common
interest, or any other legal entity.
The area designated pursuant to Section 10(a) of the Pinelands
Protection Act, including all lands in Ocean Township lying west of
the Garden State Parkway.
The commission created pursuant to the Pinelands Protection
Act, N.J.S.A. 13:18A-1 to 29, as amended.
The plan and amendments thereto adopted by the Pinelands
Commission pursuant to the Pinelands Protection Act, N.J.S.A. 13:18A-1
to 29, as amended.
A use right allocated to certain lands within the Township
and the Pinelands area pursuant to N.J.S.A. 7:50-5:43 that can be
used to secure a residential-density bonus on certain other lands
within the Township and the Pinelands area.
The agency responsible from February 8, 1979 until June 28,
1979 for the review of and action on applications for development
in the Pinelands area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
See N.J.A.C. 7:50-6.43.
[Added 11-10-2011 by Ord. No. 2011-21]
N.J.S.A. 13:18A-1 to 29, as amended.
Any use which is based on resources which are indigenous
to the Pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
[Amended 4-14-2016 by Ord. No. 2016-3]
An area of minimum continuous or noncontiguous size, planned,
developed, operated, and maintained as a single entity and containing
one or more structures to accommodate retail, service, commercial,
industrial, office, and residential uses or a combination of such
uses, and appurtenant common areas and accessory uses, customary and
incidental to the predominant uses.
A planned mixed-use development of at least 10 contiguous acres,
planned residential development of at least 10 contiguous acres, residential
cluster development, planned commercial development such as a shopping
center or professional office complex or planned industrial development
such as industrial park, all as may be permitted under this chapter.
Planned residential development is permitted up to four dwelling units
per acre.
The Township Planning Board.
A Pinelands plant species whose survival worldwide, nationwide,
or in the state is in jeopardy.
That area so designated by Section 10(b) of the Pinelands
Protection Act.
The primary purpose for which a building or lot is used or
maintained; the building in which is conducted the principal use or
the principal use of the lot.
All portions of the Pinelands area, as defined, which are
not included in the preservation area.
A tract of land owned by a branch of government and available
to the general public for recreational purposes.
[Added 5-8-2008 by Ord. No. 2008-12]
Sewer service, gas, electricity, water, telephone, cable
television, and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its locations is maintained
at the principal offices of the commission.
Any recreational facility which does not satisfy the definition
of low-intensive recreational facility, including but not limited
to golf courses, marinas, amusement parks, hotels, and motels.
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
Includes boats, boat trailers, campers, travel trailers,
and motor homes, but does not include mobile homes, as defined in
this section, which are designed for permanent residential occupancy.
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 11-10-2011 by Ord. No. 2011-21]
A restaurant shall be considered an eating establishment,
open to the general public where the primary business operation is
the preparation and service of food cooked on premises and served
to customers in an established seating area. The following shall not
be considered a restaurant, a cabaret, nightclub or other entertainment
venue wherein the dominant use of the premise is for entertainment
purposes.
[Added 3-13-2008 by Ord. No. 2008-04; amended 5-8-2008 by Ord. No.
2008-13]
An eating and refreshment establishment opened to the general
public where service is provided primarily across a counter or through
a window, regardless of whether interior seating is available; however,
the primary purpose of such facility must be the preparation and service
of such fast food.
[Amended 3-13-2008 by Ord. No. 2008-04; 5-8-2008 by Ord. No.
2008-13]
The total width and length of the course of property along
a street, watercourse, utility alignment, or other way and within
which all improvements and rights of access are confined.
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 11-10-2011 by Ord. No. 2011-21]
The level below the natural ground surface to which seasonally
rises in the soil in most years.
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 11-10-2011 by Ord. No. 2011-21]
The minimum distance between a principal building, excluding
an overhanging roof of not more than two feet, uncovered porch or
steps, and the street and lot lines. All setbacks from public streets
shall be measured from the required right-of-way width and shall be
considered front setbacks. All setbacks where the applicable yard
line fronts, either partially or totally, along tidal waters will
be measured from the mean high waterline. Minimum yard requirements
established in this chapter shall be the minimum required setbacks.
[Amended 4-14-2016 by Ord. No. 2016-3]
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 11-10-2011 by Ord. No. 2011-21]
A group of commercial establishments, planned, developed
and managed as a unit in an enclosed building or buildings and utilizing
such common facilities as customer parking areas, pedestrian walks,
truck loading and unloading space, and utilities and sanitary facilities.
Any object, device display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. "Signs" do not include the
flag or emblem of any nation, organization of nations, state, or city,
or any fraternal, religious or civic organizations; merchandise, pictures
or models of products or services incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields.
A billboard or other sign advertising a product, service
or commercial activity, business, or use unrelated to the lot or use
thereof on which such sign is located.
A sign advertising or identifying the use, building, or activity
on which such sign is located.
A specific plan for the development of one or more lots on
which are shown:
The existing and proposed conditions of the lot or lots, including,
but not necessarily limited to topography, vegetation, drainage, wetlands
and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utilities, landscaping, signs, lighting, fences; and
Other information that maybe reasonably required in order to make an informed determination pursuant to § 410-19 by the municipal board having jurisdiction over an application.
A site plan for development which involves any of the following:
a planned residential development or townhouse project, nonresidential
development which has an off-street parking requirement of more than
five spaces; a new public street or streets; and off-site water, sewer,
drainage, and/or street improvements.
That part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it, except a cellar.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story, and
if less than two feet below the top plate, it shall be counted as
a half story. A basement shall be counted as a story if it averages
more than five feet above grade. In a special flood hazard area, the
lowest floor or story shall be the floor or story of the lowest enclosed
area, but excluding any unfinished flood-resistant enclosure that
is usable solely for vehicle parking, building access or limited storage.
[Amended 7-30-2015 by Ord. No. 2015-8]
Any street, avenue, boulevard, road, parkway, viaduct, alley
or other way which is an existing state, county or municipal roadway,
or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action pursuant to the Municipal Land
Use Law, as amended, or a street or way on a plat duly filed and recorded
in the office of the County Clerk prior to the appointment of a Planning
Board and the grant to such board of the power to receive plats. It
shall include the lands between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
The edge of the street right-of-way forming the dividing
line between the street and a lot
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
A combination of materials to form a building or other form
of construction for occupancy, use, or ornamentation, whether installed
on, above, or below the surface of a lot or area of land.
The division of a parcel of land into two or more lots, tracts,
parcels or other divisions of land. The following shall not be considered
subdivisions within the meaning of this plan, if no development occurs
in conjunction therewith:
Includes the term "resubdivision."
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act and the rules and regulations as set forth in COAH's
regulations as referenced herein.
A man-made rigid or semi rigid structure, basin or receptacle
for water having a depth in excess of 24 inches or more at any point
or with a surface area exceeding 250 square feet whose framework is
installed primarily above grade. Such structure shall be used for
swimming, wading or bathing exclusively by the homeowner or occupant
of the land or premises and his/her family and guests.
[Added 4-14-2016 by Ord.
No. 2016-3]
A man-made basin or receptacle for water having a depth in
excess of 18 inches or more, constructed of concrete, steel, or other
approved material and having an impervious finish, smooth-bottom surface
and slope to a main drain. An in-ground pool shall be used for swimming,
wading or bathing exclusively by the homeowner or occupant of the
land or premises and his/her family and guests.
[Added 4-14-2016 by Ord.
No. 2016-3]
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 11-10-2011 by Ord. No. 2011-21]
A method of obtaining sufficient acreage for development
subject to Planning Board approval and available in the rural development
(RU) and forest area (FO) zones west of the Garden State Parkway.
This process is considered a conditional use.
See "development."
Facilities such as wires, lines, cables, or pipes necessary
for the furnishing of water, sewer, gas, electric, telephone, cable
television or similar services, located in public streets or in easements
on private property to individual lots, uses, and buildings.
Lines, conduits or pipes located in a street, road alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
Facilities such as water and sewage treatment plants, water
tanks and towers, gas transmission pipelines, high voltage electrical
transmission lines, microwave towers, maintenance yards for utility
companies, switching and transformer stations, and including all facilities
requiring separate rights-of-way and/or aboveground or visible structures.
Permission to construct, alter, or use a particular building,
structure or tract of land in a way which is not in conformance with
a provision or provisions of this chapter as a form of relief from
its literal interpretation.
Any plant material including grasses, shrubs, and trees.
A site upon which provisions are made to accommodate more
than one recreational vehicle for short-term occupancy, either free
of charge or for a fee, including any appurtenant facilities.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. "Wetlands" include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture and further defined in N.J.A.C. 7:50-6.3 and 6.5.
Includes those lands which are delineated by the New Jersey
Department of Environmental Protection on official maps at a scale
of 1:2,400 listed in N.J.A.C. 7:50-6.4.
The establishment of a characteristic wetland or the removal
of exotic species or Phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
"exotic species" are those that are not indigenous to North America.
[Added 11-10-2011 by Ord. No. 2011-21]
Those soils designated as very poorly drained by the Soil
Conservation Service of the United States Department of Agriculture,
including but not being limited to Atsion, Bay Boro, Berryland, Coleman
Town, Elkton, Keansbury, Leon, Muck, Othello, Pocomocke, St Johns,
Freshwater Marsh and Title Marsh soil types.
That portion of a lot as measured by the shortest horizontal
distance between the front property line and front setback line of
a principal building or structure. Any portion of a lot abutting a
public street shall be considered a front yard.
[Amended 4-14-2016 by Ord. No. 2016-3]
That portion of a lot as measured by the shortest horizontal
distance between the rear property line and rear setback line of a
principal building or structure.
That portion of a lot as measured by the shortest horizontal
distance between the side property line and side setback line of the
principal building or structure.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the district in which it
is located.
[1]
Editor's Note: The New Jersey Cannabis Regulatory Enforcement
Assistance and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31
et seq.
[2]
Editor's Note: The purpose of this ordinance is to clarify
that "on grade" decks may be permitted anywhere in the rear yard area
in all residential zones of the municipality.
[3]
Editor's Note: This ordinance also repealed the former individual
definitions "flood hazard area," "floodplain" and "floodway."
[4]
Editor's Note: See N.J.S.A. 40:55D-53.5.
[5]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-53.5.
[Amended by Ord. No. 2000-33; Ord. No. 2006-34; 11-13-2008 by Ord. No. 2008-23; 5-12-2011 by Ord. No.
2011-8]
The Township is divided into the following zone districts as
follows:
A.Â
For lands east of Garden State Parkway, 21 zoning districts are established:
[Amended 4-14-2016 by Ord. No. 2016-3]
|
R-2
|
Residential, Medium-Low Density
| |
|
R-1
|
Residential, Medium Density
| |
|
R-1A
|
Residential, Medium-High Density
| |
|
R-1B
|
Residential, Medium-Low Density
| |
|
R-SP
|
Residential, Sands Point
| |
|
R-SC
|
Residential, Skippers Cove II
| |
|
R-HH
|
Residential, Holiday Harbor
| |
|
R-PB
|
Residential, Pebble Beach
| |
|
R-BH
|
Residential, Bay Haven/Bryant Beach
| |
|
R-BB
|
Residential, Barnegat Beach
| |
|
WD
|
Waterfront Development
| |
|
PRD
|
Planned Residential Development
| |
|
BC
|
Bayfront Conservation
| |
|
EC
|
Environmental Conservation
| |
|
C-2
|
Village Commercial
| |
|
C-1
|
General Commercial
| |
|
TC
|
Town Center Redevelopment District
| |
|
TC-MXD
|
Town Center Redevelopment Subdistrict
| |
|
TC-OC
|
Ocean Commons Town Center Redevelopment Subdistrict
| |
|
WVRG
|
Waretown Village Residential Gateway Redevelopment District
| |
|
ER
|
Edgemont Redevelopment District
|
B.Â
The following land use designations are created and adopted for areas
of Ocean Township west of the Garden State Parkway:
|
PA
|
Preservation
| |
|
FO
|
Forest
| |
|
PV
|
Pineland Village
|
[Amended 11-13-2008 by Ord. No. 2008-23; 4-14-2016 by Ord. No. 2016-3; 12-12-2019 by Ord. No.
2019-11; 7-20-2021 by Ord. No. 2021-13]
A.Â
The map entitled "Zoning West of Parkway" prepared by T&M Associates,
dated June 8, 2021, a copy of which is attached to the ordinance codified
in this chapter and labeled "Attachment 4," is adopted by reference
as the zoning map in the Township of Ocean for land west of Garden
State Parkway.[1]
[1]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
B.Â
The map entitled "Zoning East of Parkway" prepared by T&M Associates,
dated June 8, 2021, a copy of which is attached to the ordinance codified
in this chapter and labeled "Attachment 3," is adopted by reference
as the zoning map in the Township of Ocean for land within Ocean Township
east of the Garden State Parkway.[2]
[2]
Editor's Note: Attachment 3 is included as an attachment to this chapter.
When uncertainty exists as to the location of boundaries shown
on the Zoning District Map, the following rules shall apply:
A.Â
Where boundary lines are not fixed by dimensions and where they approximately
follow lot lines and where they do not scale more than 10 feet distance
therefrom, such lot lines shall be construed to be such boundaries
unless specifically shown otherwise.
B.Â
In unsubdivided land and where a district boundary divides a lot,
the location of such boundary, unless indicated by dimensions shown
on the map, shall be determined by the use of the scale appearing
thereon.
C.Â
Boundaries indicated as approximately the center line of streets,
highways or alleys will be construed to follow such center line.
D.Â
Boundaries indicated as approximately following platted lot lines
will be ascertained as following such plat lines.
E.Â
Boundaries indicated as approximately following Township limits will
be seen following those limits.
F.Â
Boundaries indicated as following transportation routes will be determined
as that which falls between the main tracts, roadways and so forth.
G.Â
Boundaries indicated as following shorelines will hinge on the actual
shoreline, even if the shoreline has changed during the course of
time; boundaries indicated as approximately following the center line
of streams, rivers, canals, lakes, lagoons, bays or other bodies of
water shall be construed to follow the aforementioned center lines.
H.Â
Boundaries indicated as parallel to or extensions of these features
shall be so construed.
I.Â
Circumstances not covered above shall be interpreted by the Zoning
Board of Adjustment.
