[Amended by Ord. No. 2003-34]
A.
General intent. This district provides for certain residential and
related institutional and other uses in certain developed areas and
undeveloped lands east of U.S. Route 9. Existing or planned public
water and sewer facilities in this area and prevalent lotting patterns
will support residential densities greater than in the R-2 District.
C.
Conditional uses. The following uses may be authorized by the Planning Board subject to the Provisions of Article XV of this chapter:
[Amended 4-14-2016 by Ord. No. 2016-3]
(1)
Home occupations, as defined;
(2)
Home professional offices, as defined;
(3)
Institutional uses, as defined;
(4)
Community and membership swim and tennis clubs, provided that:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The required minimum lot area shall be one acre.
(c)
All of the building setback and height requirements of the particular
zone within which the site is located shall be met.
(d)
No parking area or recreation area shall be located closer than
50 feet to a rear or side property line;
(5)
Major utility installations, as defined;
(6)
Accessory apartment-residential uses, as defined.
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailers;
(5)
On-site signs, as defined.
[Added by Ord. No. 2003-31]
A.
General intent. This district provides for the residential use of
much of the land lying between U.S. Route 9 and the Garden State Parkway,
most of which is not presently served by water or sewer systems. Residential
densities are lower than in the R-1A and R-1 Districts, reflecting
a transition from rural to suburban character in this area of the
Township.
B.
Permitted uses. The following uses shall be permitted in the R-2
District:
[Amended by Ord. No. 1995-17; Ord. No. 2003-34]
(1)
Detached single-family dwellings;
(2)
Public and community-oriented parks and play areas;
(3)
Nature preserves and wildlife sanctuaries;
(4)
Agricultural uses as defined, but not the raising and keeping of
livestock. In addition, to be considered a permitted use, such agricultural
use must relate to the growing and/or production of said agricultural
items, as defined, upon the real property in question.
C.
Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:
[Amended by Ord. No. 1995-17; 4-14-2016 by Ord. No.
2016-3]
(1)
Home occupations, as defined;
(2)
Home professional offices, as defined;
(3)
Institutional uses, as defined;
(4)
Community and membership swim and tennis clubs; public and private
golf courses and country clubs, provided that:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The required minimum lot area shall be two acres.
(c)
All of the building setback and height requirements of the particular
zone within which the site is located shall be met.
(d)
No parking area or recreation area shall be located closer than
100 feet to a rear or side property line.
(5)
Major utility installations, as defined;
(6)
Landscape nurseries, garden centers and roadside produce markets
on minimum lot size of three acres, but not a storage yard, repair
facility or parking facility for a business engaged in providing landscaping
services which are performed off site;
(7)
Certain commercial uses only if located on Route 532, provided that such shall be limited to the following types and further provided that the standards set forth in § 410-123 shall apply:
(a)
Grocery store;
(b)
Pharmacy/drugstore;
(c)
Dry cleaners;
(d)
Beauty palors;
(e)
Barber shops;
[Amended 11-29-2023 by Ord. No. 2023-25]
(f)
Bait and tackle shop;
(g)
Seafood sales establishment, including wholesaling and distribution;
[Amended 11-29-2023 by Ord. No. 2023-25]
(h)
Flower and plant store;
(i)
Antique shop;
(j)
Funeral home;
(k)
Bank; savings and loan institution;
(l)
Professional office building;
(m)
Alcoholic beverage store;
(n)
Landscape nursery; garden center.
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailers;
(5)
On-site signs, as defined;
(6)
Roadside farm stands for the sale of farm products grown or raised
on the premises by the owner or operator of a farm as defined, provided
that there shall be a limit of one stand per farm.
E.
Lot and building requirements. The following requirements shall apply
in the R-2 District:
(2)
Any municipal variance approval which grants relief from the density
or lot area requirement set forth in Schedule B or this section for
the R-2 District shall require that Pinelands development credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
(3)
Any local variance for an approval of a nonresidential development
in the R-2 District where the use would not otherwise be permitted
shall require that Pinelands development credits be used at the maximum
rate permitted in the district in which the development is to be located.
F.
Lot area requirements for previously approved lots in the R-2 Zoning
District. Notwithstanding anything to the contrary, any lot located
in the R-2 residential zoning district of the municipality which,
on August 1, 2003, had a minimum land area of not less than 40,000
square feet, and which had been previously created by a subdivision
approved by the Ocean Township Planning Board/Zoning Board of Adjustment
or Land Use Board, may have a zoning permit issued for the construction
of a single-family residential dwelling as a permitted use without
the necessity of obtaining a variance from the Ocean Township Land
Use Board, provided the applicant therefor meets all other terms and
conditions of the bulk regulations for said district and furthermore
that the applicant did not own any adjoining property on or after
August 1, 2003.
[Added by Ord. No. 2003-31]
G.
Cluster development.
(1)
In sewered areas of the R-2 District, residential development may
be clustered on lots having a minimum lot area of 15,000 square feet,
provided that the overall density of development is not reduced below
the number of units based on a minimum lot size of 20,000 square feet.
(2)
The balance of the tract not divided into lots may be dedicated by the developer as public open space, subject to approval by the Planning Board and acceptance by the Township Committee, or the ownership of common open space shall be otherwise conveyed by the developer to a homeowners' association, as provided for under Articles III, IV, V, VI, VII and IX of this chapter.
(3)
These cluster development provisions shall not apply to developments
of fewer than 10 lots.
(4)
The minimum lot width in cluster developments shall be 100 feet;
the minimum front yard shall be 35 feet; the minimum side yard shall
be 10 feet; the minimum rear yard shall be 25 feet; and the maximum
lot coverage shall be 20%.
(5)
Common open spaces, to the extent possible, shall adjoin all lots
in the cluster development; shall be contiguous; and shall preserve
the waterways, woodlands, and wetlands of the tract. Such common open
spaces may, however, be utilized for recreational facilities which
serve the development, subject to approval by the Planning Board.
H.
Use of Pinelands development credits to increase density.
(1)
An increase in the density of residential development may be granted
by the Planning Board in sewered areas to applicants who show proof
of ownership of Pinelands development credits.
(2)
A density bonus of up to one residential unit may be allowed for
each one-quarter (0.25) of the Pinelands development credit redeemed.
In no event, however, shall the number of dwelling units to which
an applicant is entitled exceed 1 1/2 times the number otherwise
permitted, with a minimum lot size of 15,000 square feet.
(4)
All applications in which the use of Pinelands development credits
in the R-2 District is proposed shall be referred to the Planning
Board and the Pinelands Commission for review and certification.
(5)
No permit shall be issued for any development in the R-2 District
using Pinelands development credits to increase residential density
unless the Pinelands Commission shall first certify in writing that
credits are owned by the applicant and that the same credits have
not been or are not being used to secure density bonuses elsewhere
in the Pinelands and Pinelands Natural Reserve.
A.
General intent. This district covers several older subdivisions east
of U.S. Route 9, which are substantially developed and are characterized
by very small lots. Existing or planned public sewer and water facilities
and prevalent lotting patterns in these areas will support residential
greater than in the R-1 District.
C.
Conditional uses. The following uses may be authorized by the Planning Board subject to the Provisions of Article XV of this chapter:
[Amended 4-14-2016 by Ord. No. 2016-3]
(1)
Home occupations, as defined;
(2)
Home professional offices, as defined;
(3)
Institutional uses, as defined;
(4)
Community and membership swim and tennis clubs, provided that:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The required minimum lot area shall be one acre.
(c)
All of the building setback and height requirements of the particular
zone within which the site is located shall be met.
(d)
No parking area or recreation area shall be located closer than
50 feet to a rear or side property line.
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailers;
(5)
On-site signs, as defined.
[Added 5-12-2011 by Ord. No. 2011-8]
A.
Permitted uses. The uses permitted in the R-1B Special Residential
Zoning District shall be the same as those permitted in the R-1 Residential
Zoning District.
B.
Conditional uses. The conditional uses authorized in the R-1B Special
Residential Zoning District shall be the same as those set forth in
the R-1 Residential District with the exception of "community and
membership swim and tennis clubs," which are specifically prohibited.
[Added 4-14-2016 by Ord.
No. 2016-3]
A.
General intent. These districts cover several older, substantially
developed subdivisions east of U.S. Route 9. Each district is characterized
by its own prevailing lot size and exhibits a prevalent lot pattern
that supports residential densities greater than the R-1 District.
The regulations herein are intended to support existing patterns of
development in each district while promoting recovery and resiliency
through better building design.
B.
Other residential districts established. Other residential districts
established are as follows: Residential-Sands Point (R-SP), Residential-Skipper's
Cove II (R-SC), Residential-Holiday Harbor (R-HH), Residential-Pebble
Beach (R-PB), Residential-Bay Haven/Bryant Beach (R-BH) and Residential-Barnegat
Beach (R-BB).
D.
Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:
E.
Accessory structures, signs and off-street parking. The following accessory structures, signs and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII, and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailers;
(5)
On-site signs, as defined.
F.
Lot and building requirements. The following requirements shall apply
in the R-SP, R-SC, R-HH, R-PB, R-BH and R-BB Districts:
(1)
The dimensions and requirements listed in Schedule B[2] shall apply unless otherwise provided in this chapter.
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
[Amended by Ord. No. 2000-33]
A.
General intent. This district provides for a broad range of commercial
and related uses along a majority of the U.S. Route 9 frontage. Development
in this district has the purposes of serving the needs of local residents
and contributing to the economic development and fiscal soundness
of the Township.
B.
Permitted uses. The following uses shall be permitted in the C-1
District subject to review by the Land Use Board:
(1)
Detached single-family dwellings present at the time this chapter
was passed;
(2)
Public and community-related parks and play areas;
(3)
Landscape nursery garden center;
(4)
Roadside market for the sale of agricultural produce and related
goods;
(5)
Restaurant, including a fast-food restaurant, as defined;
(6)
Retail store, including mixed uses;
(7)
Alcoholic beverage store;
(8)
Bank or other financial institution;
(9)
Licensed personal service establishment;
(10)
Laundromat dry cleaner;
(11)
Business and professional office;
(12)
Funeral home;
(13)
Veterinary clinic; however, any overnight accommodations must
be indoors;
(14)
Motor vehicle and boat sales and service;
(15)
Printing and publishing establishment;
(16)
Medical complexes, including offices and treatment facilities;
(17)
Commercial recreation facilities;
(18)
Government and public service offices and facilities.
(19)
Medical cannabis dispensaries.
[Added 8-11-2020 by Ord. No. 2020-11]
C.
Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:
[Amended 4-14-2016 by Ord. No. 2016-3]
(1)
Motel or hotel;
(2)
(Reserved)
(5)
Warehouse; distribution facility, provided that:
(a)
No goods are sold retail from the premises;
(b)
All items are stored within a completely enclosed building;
(c)
The warehousing or storage of hazardous chemicals shall be prohibited;
(d)
Loading areas shall not be located within any required front
setback; and
(e)
Warehousing abutting a residential use shall provide a one-hundred-foot
buffer screening strip;
(7)
Boat building in boatyards, as defined;
(8)
Accessory apartment in a single-family dwelling or commercial premises,
as defined;
(9)
Gasoline filling station;
(11)
Major utility installations, as defined;
[Amended by Ord. No. 2000-33]
A.
General intent. This district provides for relatively small-scale
commercial development in several locations which are unsuitable for
large-scale development and certain commercial uses. The purposes
of the C-2 District are to strengthen a village center atmosphere
in Waretown, as well as to provide for compatible retail and service
uses in or adjacent to residential neighborhoods, where a pattern
of such uses has been established or where such uses meet neighborhood
needs.
B.
Permitted uses. The following uses shall be permitted in the C-2
District subject to review of the Land Use Board:
(1)
Detached single-family dwellings;
(2)
Public and community-oriented parks and play areas;
(3)
Home occupations, as defined;
(4)
Home professional offices, as defined;
(5)
Municipal and public facilities;
(6)
Bank and other financial institutions;
(7)
Licensed personal service establishment;
(8)
Business and professional offices;
(9)
Funeral home;
(10)
Retail store having a gross floor area of less than 5,000 square
feet, provided that all activity shall be carried on indoors;
(11)
Mixed permitted uses;
(12)
Bed-and-breakfast.
C.
Conditional uses. The following uses may be authorized by the Land Use Board subject to the provisions of Article XV of this chapter:
[Amended 4-14-2016 by Ord. No. 2016-3]
(1)
Landscape nursery or garden center, but not a storage yard, repair
facility or parking facility for a business engaged in providing landscaping
services which are performed off site, and provided that the building
area of the establishment does not exceed 5,000 square feet.
(2)
Roadside market for the sale of agricultural produce and related
goods, provided that:
(a)
No area for outdoor sales or storage shall be located within
the front yard area or closer to the rear and side property lines
than the required rear yard and side yard setbacks for accessory buildings
in the C-2 Zone;
(b)
The retailing of farm products raised off site and transported
to the property in question for sale is permitted;
(3)
Restaurant; as defined;
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs and off-street parking are permitted, subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and commercial uses, including
detached private garages, sheds and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailers;
(5)
On-site signs, as defined.
[1]
Editor's Note: Original § 18-16, C-3 Highway Commercial
District, as amended by Ord. No 2000-33, was repealed 5-12-2011 by
Ord. No. 2011-8.
A.
General intent. This district provides for light industrial development,
a source of employment in and fiscal support to the Township.
B.
Permitted uses. The following uses shall be permitted in the I-1
District:
(1)
Agricultural uses, as defined, but not the raising and keeping of
livestock;
(2)
Contractor's storage yard; lumber yard, outdoor sale and storage
of building materials;
(3)
Warehouse; distribution facility;
(4)
Boat building; boat yard;
(5)
Printing and publishing;
(6)
Bottling plant;
(7)
Brick and block manufacturer;
(8)
Manufacture of electrical and electronic projects;
(9)
Manufacture of wood, paper, metal, plastic, and glass products;
(10)
Manufacture of scientific and medical instruments and supplies;
(11)
Research and engineering laboratory;
(12)
Manufacture of light machinery, hardware, and tools;
(13)
Manufacture of food products, but not an abattoir;
(14)
Commercial and noncommercial recreational facilities private;
(15)
Short-term and long-term health-care facilities;
(16)
Public facilities that transfer, recycle, and or compost solid
waste materials.
C.
Conditional use. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:
(1)
Fuel dealer and storage, provided that no aboveground storage tanks
and tank trucks shall be located and stored nearer to any lot line
than 50 feet nor any nearer to any R district than 100 feet;
(2)
Major utility installation, as defined;
(3)
More than one primary building may be located on a lot under the
following conditions:
(a)
That the use of the additional building(s) is the same as or
substantially the same as the primary building (use);
(b)
The additional building (structure) is required to provide the
service and or product of the primary building (use);
(c)
The following items are subject to the review and approval of
the Planning Board;
[1]
That there is sufficient water supply;
[2]
That there is a permittable wastewater management system appropriate
for and use of the site;
[3]
That there is a stormwater management plan that is in compliance
with the latest local, country, state and federal requirements;
[4]
That the proposed additional buildings and use are in compliance
with the provisions of the Clean Air Act;
[5]
That there will be sufficient on-site parking to accommodate
the additional use generated by the additional building or structure.
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to industrial and related uses, including private
garage, sheds, storage facilities, etc.;
(2)
Required off-street parking and loading space;
(3)
Temporary on-site construction trailers;
(4)
On-site signs, as defined;
(5)
Dwelling units in conjunction with any industrial use solely for
the housing of caretakers, guards, or other custodial employees;
(6)
Snack bar, restaurant, cafeteria or office accessory to an industrial
activity or operation.
A.
General intent. The I-2 Industrial District to be located in the
area east of Garden State Parkway, north of Route 532 and west of
Route 9. This district provides for the development of an industrial
park with the same requirements of the I-1 General Industrial District,
with the additions designated in this section.
B.
Permitted uses. The following uses shall be permitted in the I-2
District:
(1)
Private long-term health-care facilities;
(2)
Resource recover facilities such as composting, recycling, transfer
stations or MFP's;
(3)
Public utility facilities such as energy-generation facilities;
(4)
Local, county or state government facilities to include active recreation,
training, and administrative uses;
(5)
All uses presently permitted in the I-1 Industrial District of Ocean
Township.
C.
Lot and building requirements.
[Added by Ord. No. 2006-34]
A.
General intent. This district generally corresponds to those environmentally
sensitive areas lying outside of and to the west of the Waretown Town
Center and east of the Garden State Parkway. It is the intent of this
area to act as the low-density environs of the center. Given the environmentally
sensitive characteristics of the area, only very low-density residential
development or other low-intensity uses are allowed. Protection and
conservation of the natural resources of the area is the principal
objective of the EC District.
B.
Permitted uses. The following uses shall be permitted in the EC District:
[Amended by Ord. No. 2006-39]
(1)
Detached single-family dwellings;
(2)
Public service infrastructure or public facilities owned and/or operated
by the Township of Ocean or any agency of the Township of Ocean;
[Amended 5-12-2011 by Ord. No. 2011-7]
(3)
Public preserves and open space;
(4)
Public parks and passive recreation facilities;
[Amended 5-8-2008 by Ord. No. 2008-12]
(5)
Golf courses are not a permitted use.
[Amended 5-12-2011 by Ord. No. 2011-7]
C.
Conditional uses. The following uses shall be permitted in the EC Zone subject to issuance of a conditional use permit under Article XV of this chapter:
(1)
Major utility installations, as defined, and as necessary to serve
the needs of the public;
(2)
Home occupations, as defined;
(3)
Home professional offices, as defined;
(4)
Institutional uses, as defined and as limited under Schedule A, provided
that the applicant can demonstrate a need for the use in the proposed
location, that the use is primarily designed to serve the needs of
the district in which the use is proposed and that there are no feasible
alternatives;
(5)
Low-intensity recreational uses, including but not limited to camping,
provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres.
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation.
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage.
(d)
The parcel will contain not more than six campsites per gross
acre; provided that the campsites shall not be clustered at a net
density exceeding 10 campsites per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel.
(f)
No more than 1% of the parcel will be covered with impermeable
surfaces.
D.
Accessory structures, signs, and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailers;
(5)
On-site signs, as defined.
A.
General intent. This district supersedes the former MC Marine Commercial
District designation, and expands the amount of waterfront land east
of U.S. Route 9 in which certain residential, marine commercial, institutional,
and recreational uses are allowed.
[Amended 8-9-2012 by Ord. No. 2012-16]
B.
Permitted uses. The following uses shall be permitted in the WD District:
[Amended by Ord. No. 2003-48]
(1)
Detached single-family dwellings;
(2)
Public and community-oriented parks and play areas;
(3)
Nature preserves and wildlife sanctuaries;
(4)
Agricultural uses, as defined, but not the raising and keeping of
livestock;
(5)
Public fishing piers, docks, and boat launching ramps;
(6)
Marinas, as defined, including the following accessory uses and structures,
provided that the lot on which such customary accessory services for
marina uses as would normally be provided:
(a)
Maintenance, repair, refinishing, rebuilding, construction,
and alteration of boats, including engine repair and rebuilding;
(b)
Boat sales and rentals;
(c)
Marine engine sales;
(d)
Restaurant, snack bar, or luncheonette, where such use shall
not include the sale of alcoholic beverages authorized pursuant to
a plenary retail consumption license as set forth in N.J.S.A. 33:1-12
or as may be otherwise authorized under relevant state statutes and
regulations governing the sale and distribution of alcohol. The dispensing
of alcoholic beverages authorized pursuant to a duly issued club license
as set forth in N.J.S.A. 33:1-12 or as may be similarly permitted
in accordance with relevant state statutes and regulations governing
the sale and distribution of alcohol shall be permitted as part of
the operations of a private beach club or marina;
[Amended 8-9-2012 by Ord. No. 2012-16]
(e)
Boat launching ramp;
(f)
Marine fuel sales;
(g)
Marine supplies and equipment sales;
(h)
Storage of boats. Parking areas may be used for storage of boats
during the winter season.
C.
Conditional uses. The following uses may be authorized by the Planning Board subject to the provisions of Article XV of this chapter:
[Amended by Ord. No. 2003-48]
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like;
(2)
Private residential swimming pools and tennis courts;
(3)
Required off-street parking and loading space;
(4)
Temporary on-site construction trailer;
(5)
On site-signs, as defined.
E.
Lot and building requirements. The following requirements shall apply
in the WD District:
(2)
The minimum lot size for any principal use which is not a single-family
dwelling shall be 15,000 square feet, unless otherwise provided in
this chapter.
(3)
The minimum lot frontage for any principal use which is not a single-family
dwelling shall be 150 feet; this minimum frontage shall apply to any
lot tine which adjoins a natural or man-made waterway.
A.
General intent. This district covers those few remaining undeveloped
bayfront locations which contain wetlands subject to regulation by
the State of New Jersey and contiguous woodlands having seasonally
high water tables. Certain residential and related institutional and
other uses are provided for in these areas, but average density of
residential development would be lower than in the R-2, R-1 and R-1A
Districts, in order to promote conservation of natural resources.
Limited-scale commercial and office development also is permitted
as a conditional use on larger tracts of land in the BC District that
front along Route 9 in order to provide opportunities for commercial
and office uses that serve the needs of the Township, while preserving
large tracts of open space.
[Amended 2-14-2013 by Ord. No. 2013-3]
B.
Permitted uses. The following uses shall be permitted in the BC District:
[Amended by Ord. No. 2000-11]
C.
Conditional uses. The following conditional uses are permitted in the Bayfront Conservation Zoning District, subject to issuance of a conditional use permit in accordance with the provisions of Article XV, Conditional Uses:
[Amended by Ord. No. 2000-11; 2-14-2013 by Ord. No. 2013-3]
(1)
Limited-scale
commercial and office development, which may include retail stores,
banks or other financial institutions, licensed personal service attachments,
business and professional offices, or government and public service
offices and facilities.
D.
Accessory uses. The only accessory uses permitted in the Bayfront
Conservation District shall be those which are specifically accessory
to a permitted use in this district. An accessory use will be included
in the calculation for total impervious lot coverage which may not
exceed 15%.
[Amended by Ord. No. 2000-11]
E.
F.
Cluster developments. Cluster developments shall be permitted for
the construction of single-family homes under the following conditions:
[Amended by Ord. No. 2000-11]
(1)
The balance of the tract not divided into lots may be dedicated by the developer as public open space subject to approval by the Township's Land Use Board and acceptance by the Township Committee. The ownership of common open space not accepted by the municipality as public open space, shall be otherwise conveyed by the developer to a homeowner's association as provided for under Articles III, IV, V, VI, VII and IX of this chapter.
(2)
The minimum lot width in cluster developments shall be 100 feet.
The minimum front year shall be 30 feet. The minimum side yard shall
be 10 feet. The minimum rear yard shall be 25 feet and the maximum
lot coverage shall be 25%.
(3)
Common open space, to the extent possible, shall adjoin all lots
in the cluster development, shall be contiguous and shall preserve
the waterways, woodlands, and wetlands of the tract. Such common open
spaces may, however, be utilized for recreational facilities which
serve the development, subject to approval by the Land Use Board.
A.
General intent. This district conforms to the Pinelands preservation
area and is designed to conform to and implement land use policies
and guidelines established in the Pinelands Comprehensive Management
Plan for the preservation of natural resources and amenities. Only
limited development is allowed as permitted or conditional uses.
B.
Permitted uses. The following uses shall be permitted in the PA district:
[Amended by Ord. No. 1997-10]
(1)
Detached single-family dwellings for residential purposes on minimum 3.2 acre lots in accordance with § 410-35S;
(2)
Berry agriculture and horticulture of native plants and other agricultural
activities compatible with the existing soil and water conditions
that support traditional Pinelands berry agriculture;
(4)
Public preserves;
(5)
Pinelands development credits;
(6)
Beekeeping;
(7)
Fish and wildlife management and wetlands management;
[Amended 11-10-2011 by Ord. No. 2011-21]
C.
Conditional uses. The following uses shall be permitted in the PA Zone subject to issuance of a conditional use permit under Article XV of this chapter:
[Amended by Ord. No. 1997-10]
(1)
Public service infrastructure intended to primarily serve the needs
of the Pinelands. Centralized wastewater treatment and collection
facilities shall be permitted to service the Preservation area district
only in accordance with N.J.A.C. 7:50-6:84(a)2;
(2)
Home occupations, as defined;
(3)
Home professional offices, as defined;
(4)
Low-intensity recreational uses, including but not limited to camping,
provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
The parcel will contain not more than one campsite per two acres,
provided that the campsites shall not be clustered at a net density
exceeding six campsites per acre;
(e)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel;
(f)
No more than 1% of the parcel will be covered by impervious
surfaces.
[Amended 11-10-2011 by Ord. No. 2011-21]
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter, unless otherwise specified in this section:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds and the like.
(2)
Private residential swimming pools and tennis courts.
(3)
Required off-street parking and loading space.
(4)
Temporary on-site construction trailers.
(5)
Signs, as follows; unless provisions of Articles III, IV, V, VI, VII and IX of this chapter or provisions of Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean are more restrictive, in which case, the most restrictive provisions shall apply:
(a)
Official public safety and information signs displaying road
names, numbers and safety directions.
(d)
Trespassing signs or signs indicating the private nature of
a road, driveway, a premises, and signs prohibiting or otherwise controlling
fishing or hunting, provided that the size of such signs does not
exceed 12 square feet.
(f)
On-site business or advertising signs, provided that:
(g)
Temporary signs advertising political parties or candidates
for election, provided that the size of any such sign does not exceed
four square feet.
(h)
Temporary on and off-site signs advertising civil, social or
political gatherings and activities, provided that the size of such
signs does not exceed four square feet.
E.
Lot and building requirements. The following regulations shall apply
in the PA district:
(1)
Minimum lot size.
(a)
For lots with detached single-family dwellings which meet the
requirements of this chapter: 3.2 acres.
(b)
For other uses: five acres, unless otherwise specified in this
section or as necessary to meet the standards of the Pinelands comprehensive
management plan, as incorporated in this chapter.
(c)
Notwithstanding the minimum lot areas set forth above and in
Schedule B,[1] no such minimum lot area for a nonresidential use within the PA Zone shall be less than that needed to meet the water quality standards of § 410-83, whether or not the lot may be served by a centralized sewer treatment or collection system.
(2)
Minimum lot width: 200 feet.
(3)
Minimum yard requirements.
(a)
Front yards: 200 feet, except that if compliance with this minimum
is constrained by physical or environmental considerations, involves
a farm operation, or development within 1,000 feet has front yards
less than 200 feet, a setback of not less than 75 feet may be permitted.
(b)
Side yard: 50 feet for principal buildings; 10 feet for accessory
buildings.
(c)
Rear yard: 75 feet for principal buildings; 10 feet for accessory
buildings.
(4)
Maximum lot coverage: 10%.
F.
Allocation of Pinelands development credits.
[Amended by Ord. No. 1997-10]
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection F(2) of this section, each parcel of land in the preservation area district shall have a use right known as "Pinelands Development Credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(2)
Pinelands development credits are established in the preservation
area district at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved
for resource extraction pursuant to this chapter: two Pinelands development
credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 30 acres;
and
(d)
Wetlands: two-tenths Pinelands development credits per 39 acres.
(3)
The allocations established in Subsection F(2) of this section shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial,
industrial, resource extraction, intensive recreation, institutional,
campground or landfill use shall not receive Pinelands development
credit entitlement. For such an improved property of more than 10
acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement of a parcel of
land shall be reduced by one-quarter Pinelands development credit
for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by one-quarter Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection F(7) of this section or when a variance for cultural housing is approved by the Township pursuant to § 410-35T.
(d)
The Pinelands development credit entitlement for a parcel of
land shall also be reduced by one-quarter Pinelands development credits
for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et
seq. when a waiver of street compliance is granted by the Pinelands
Commission.
(4)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection F(2) of this section.
(5)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or before February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acres of land from the Preservation area district, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection F(2) of this section which lands, when combined with the acreage of the parcel owned prior to February 7, 1997, total at least 0.10 of an acre.
(6)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection F(9)(a) of this section by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
(7)
Notwithstanding the provision of Subsection F(6) of this section, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by one-quarter Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(8)
No conveyance, sale, or transfer of Pinelands development credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands development credits were obtained,
the agency or organization to which the restriction is in favor, and
the Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands development
credits sold and that the property may only be used in perpetuity
for the following uses:
(a)
In the Preservation Area District: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; agricultural employee housing as
an accessory use; and low-intensity recreational uses in which the
use of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel and no more than 1% of the parcel
will be covered with impervious surfaces.
[Added 11-10-2010 by Ord. No. 2010-12]
(10)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his/her ownership of the requisite Pinelands development credits; provided, however, that the Township may grant 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 to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to § 410-101A and to the New Jersey Pinelands development credit bank in accordance with N.J.A.C. 3:42.3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42.3.6.
(11)
Pinelands development credits shall be used in the following
manner:
(a)
To permit development of parcels of land in the R-2 District according to the density and lot area requirement set forth in § 410-13;
(b)
When a variance of density or minimum lot area requirements
for the R-2 District is granted by the Township, Pinelands development
credits shall be used for all dwelling units of lots in excess of
that otherwise permitted without the variance;
(c)
When a variance for a nonresidential use not otherwise permitted
in R-2 District is granted by the Township, Pinelands development
credit shall be used at the maximum rate permitted in the zone in
which the use will be located;
(e)
Where a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.;
(f)
When a variance of density or lot area requirements for a residential
or principal nonresidential use in the PV District is granted by the
Township, Pinelands development credits shall be used for all dwelling
units or lots in excess of that permitted without variance.
A.
General intent. This district generally corresponds to the forest area as defined in the Pinelands comprehensive management plan and is designed to conform to and implement said plan. Very low density residential development is allowed, along with certain industrial and commercial activities related to the resources of the area. Protection and conservation of the natural resources of the forest area is the principal objective of the FO District. To further this objective, a development transfer program is established in the FO District with the designation of the FOR (forest receiving zone). Cluster development is required in accordance with Subsection F whenever two or more units are proposed as part of a residential development in the FO District.
[Amended 11-10-2011 by Ord. No. 2011-21]
B.
Permitted uses. The following uses shall be permitted in the FO District:
[Amended by Ord. No. 1997-10; Ord. No. 2002-28]
(2)
Public service infrastructure intended to primarily serve the needs
of the Pinelands. Centralized wastewater treatment and collection
facilities shall be permitted to service the forest area district
only in accordance with N.J.A.C. 7:50-6.84(a)2.
(3)
Detached single-family dwellings, provided that clustering of the permitted dwellings shall be required in accordance with Subsection F whenever two or more units are proposed as part of a residential development.
[Amended 11-10-2011 by Ord. No. 2011-21]
(4)
Agricultural uses, as defined, including commercial farms, provided
that no buildings housing livestock, outdoor pens for livestock, and
storage of manure and farm chemicals shall be located closer than
100 feet from any adjoining lot line.
(6)
Public preserves.
C.
Conditional uses. The following uses shall be permitted in the FO Zone subject to issuance of a conditional use permit under Article XV of this chapter.
[Amended by Ord. No. 1997-10; 11-10-2011 by Ord. No. 2011-21; 4-14-2016 by Ord. No.
2016-3]
(1)
Major utility installations, as defined, and as necessary to serve
the needs of the Pinelands.
(2)
Home occupations, as defined.
(3)
Home professional offices, as defined.
(4)
The continuation of existing resource extraction operations, in accordance with the standards of N.J.A.C. 7:50-6, Part VI, and § 410-85 of this chapter.
(5)
Pinelands resource-related industrial and manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products,
provided that:
(7)
Institutional uses, as defined and as limited under Schedule A,[1] provided that the applicant can demonstrate a need for
the use in the proposed location, that the use is primarily designed
to serve the needs of the district in which the use is proposed and
that there are no feasible alternatives.
(8)
Low-intensity recreational uses, including but not limited to camping,
provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres.
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation.
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage.
(d)
The parcel will contain not more than six campsites per gross
acre, provided that the campsites shall not be clustered at a net
density exceeding 10 campsites per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel.
(f)
No more than 1% of the parcel will be covered with impervious
surfaces.
(9)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979, and the capacity of the use will not exceed two times the
capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Pinelands forest area and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
(11)
(Reserved)
(12)
(Reserved)
(13)
Density transfer program.
(a)
Detached single-family dwellings will be permitted on lots of
2.5 acres or more in the forest receiving zone area (FOR) as shown
on the Zoning Map, and consisting of:
(b)
The applicant for development must own the lot being developed
and provide proof of ownership of sufficient vacant contiguous or
noncontiguous land which, when combined with the lot to be developed,
will be at least 20 acres.
(c)
The noncontiguous land must be located within the FO Zone (west
of the Garden State Parkway) in Ocean Township.
(d)
All noncontiguous lands acquired pursuant to Subsection C(13)(b) and (c) above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
(e)
The applicant must provide verification that an appropriate
septic system can be permitted on the property proposed for the single-family
dwelling.
(f)
Tax assessments for all the property, contiguous and noncontiguous,
are combined and assigned to the land to be developed.
D.
Accessory structures, signs, and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like.
(2)
Private residential swimming pools and tennis courts.
(3)
Required off-street parking and loading space.
(4)
Temporary on-site construction trailers.
(5)
On-site signs, as defined.
(6)
Agricultural commercial establishments for the sale of farm products
grown or raised on the premises by the owner or operator of the farm,
provided that there shall be a limit of one establishment per farm,
which shall have a minimum setback of 60 feet.
E.
Lot and building requirements. The following regulations shall apply
in the FO District:
(1)
Minimum lot size.
(a)
For lots with detached single-family dwellings, which meet the requirements of Subsection A of this section: 3.2 acres.
(b)
For lots with other detached single-family dwellings: 20 acres, provided that lots shall be reduced to 1.0 acre under the cluster development standards of Subsection F.
[Added 11-10-2010 by Ord. No. 2010-12]
(c)
For all other uses: five acres, unless otherwise specified in
this chapter, or as necessary to meet the standards of the Pinelands
comprehensive management plan, as incorporated in this chapter.
(d)
Notwithstanding the minimum lot areas set forth above and in
Schedule B,[2] no such minimum lot area for a nonresidential use within the FO Zone shall be less than that needed to meet the water quality standards of § 410-83, whether or not the lot may be served by a centralized sewer treatment or collection system.
(2)
Minimum lot width: 200 feet.
(3)
Minimum yard requirements.
(a)
Front yards: 200 feet, unless otherwise specified, except that
if compliance with this minimum is constrained by physical or environmental
considerations, involves a farm operation, or development within 1,000
feet, has front yards less than 200 feet, a setback of not less than
75 feet may be permitted.
(b)
Side yard: 50 feet for principal buildings; 10 feet for accessory
buildings.
(c)
Rear yard: 75 feet for principal buildings; 10 feet for accessory
buildings.
(4)
Maximum lot coverage: 10%.
F.
Cluster developments. In the FO District, clustering of single-family
detached dwellings shall be required whenever two or more units are
proposed as part of a residential development. The following standards
shall apply:
[Amended by Ord. No. 1997-10; 11-10-2011 by Ord. No. 2011-21]
(1)
Permitted density: one unit per 20 acres.
(2)
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection F(1) above, with a bonus applied as follows:
(3)
The residential cluster shall be located on the parcel such that
the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(b)
The minimum lot and building requirements specified in Schedule
B for the R-1 District shall apply;[3]
[3]
Editor's Note: Schedule B is included at the end of this chapter.
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 410-83B(4) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of N.J.A.C. 7:50-6.84(a)5 or N.J.A.C. 7:50-10.21 through 10.23 shall also be permitted;
(d)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than one-half acre of land or the equivalent of one acre
of land for every 25 residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Ocean Township
or incorporated as part of one of the lots within the cluster development
area.
(a)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor Ocean Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed
for low-intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% of the land may be covered with impervious surfaces and any
such uses or activities are approved and conducted in accordance with
the requirements of this chapter.
[1]
Editor's Note: Original § 18-30, FOC Forest Conservation
District, was repealed 5-12-2011 by Ord. No. 2011-8.
[1]
Editor's Note: Original § 18-32, RU and RU-2 Rural
Development Districts, as amended by Ord. No. 1997-10 and 2003-33,
was repealed 5-12-2011 by Ord. No. 2011-8.
A.
General intent. This district is established under provisions of
the Pinelands comprehensive management plan and is intended to provide
for greater densities of residential development in certain areas
of the rural Pinelands which have the character of small villages
or settlements. In Ocean Township, Brookville has been designated
in the Pinelands comprehensive management plan as a Pinelands Village.
B.
Permitted uses. The following uses shall be permitted in the PV District:
(1)
Detached single-family dwellings.
(2)
Agricultural uses, as defined including commercial farms, provided
that no buildings housing livestock, outdoor pens for livestock, and
storage of manure and farm chemicals shall be located closer than
100 feet from any adjoining lot line.
(3)
Public parks and preserves.
C.
Conditional uses. The following uses shall be permitted in the PV District subject to approval by the Planning Board subject to the provisions of Article XV of this chapter:
[Amended 4-14-2016 by Ord. No. 2016-3]
D.
Accessory structures, signs and off-street parking. The following accessory structures, signs, and off-street parking are permitted subject to applicable provisions under Articles III, IV, V, VI, VII and IX of this chapter:
(1)
Structures accessory to residential and agricultural uses, including
detached private garages, barns, sheds, and the like.
(2)
Private residential swimming pools and tennis courts.
(3)
Required off-street parking and loading space.
(4)
Temporary on-site construction trailers.
(5)
On-site signs, as defined.
(6)
Agricultural commercial establishments for the sale of farm products
grown or raised on the premises by the owner or operator of a farm,
provided that there shall be a limit of one establishment per farm,
which shall have a minimum setback of 60 feet.
E.
Lot and building requirements. The following requirements shall apply
in the PV District:
[Amended by Ord. No. 1997-10]
(1)
Minimum lot size for residential uses is 3.2 acres, provided that the water quality standards in § 410-83 are met.
(2)
Minimum lot width: 150 feet.
(4)
Maximum lot coverage: 15%.
(5)
Any municipal variance approval which grants relief from the density
or lot area requirements set forth above for a residential or principal
nonresidential use in the PV District shall require that Pinelands
development credits be used for all dwelling units or lots in excess
of that permitted without the variance.
[1]
Editor's Note: Original § 18-36, RUI Resource Industrial
District, as amended by Ord. No. 1997-10, was repealed 5-12-2011 by
Ord. No. 2011-8.
[1]
Editor's Note: Original § 18-38, RUC Development
Conservation District, was repealed 5-12-2011 by Ord. No. 2011-8.
[1]
Editor's Note: Original § 18-39, RU-RS Rural Receiving
and Sending District, as added by Ord. No 2004-5, was repealed 5-12-2011
by Ord. No. 2011-8.
A.
Purpose and intent. It shall be the purpose of this chapter to permit
in the R-2 District, development of planned residential retirement
communities. With respect to such developments, at least 80% of the
dwellings shall be occupied by at least one member who is at least
55 years or older. Up to 20% of said units may be occupied by persons
of age 45 years or older. These planned communities shall contain
not less than 100 contiguous acres under one ownership or control
in those areas accessible to sanitary sewers or having sewerage disposal
facilities approved by the Ocean Township Municipal Utilities Authority,
a public water supply approved by the Ocean Township Municipal Utilities
Authority, an adequate road system, and off-site drainage facilities.
Within such community, the location of all residential, commercial,
governmental uses, parks, playgrounds, recreation areas, parking areas,
and other open spaces shall be controlled in such manner as to permit
a variety of housing accommodations and land uses in orderly relationship
to one another. The following objectives must be achieved:
[Amended by Ord. No. 2000-4]
(1)
To encourage the creation of a desirable aesthetic character in this
specific area;
(2)
To maximize the choice in the types of residential accommodations
available;
(3)
To provide for the enhancement and preservation of property with
unique features, such as historical significance, unusual topography
or landscaping features.
B.
Permitted and accessory uses.
[Amended by Ord. No. 1999-11; Ord. No. 1999-27]
(1)
Permitted uses.
(a)
Detached single-family dwellings.
(b)
Townhouse dwellings, as defined.
(c)
Recreational and cultural facilities for the sole use of the
residents of the community and their guests, including the following:
clubhouse, swimming pool, shuffleboard courts and picnic grounds.
Recreational and cultural facilities shall not be limited to the foregoing,
so that the applicant may propose additional facilities with its submission.
All such facilities shall be subordinated to the residential character
of the community.
(2)
Accessory uses. Necessary accessory buildings and uses shall be permitted,
including facilities for maintenance and administration, off-street
parking areas, and the like.
C.
Standards and requirements.
[Amended by Ord. No. 1999-11; Ord. No. 1999-27]
(1)
Minimum area. The minimum area for a planned residential development
(PRD) shall be 100 contiguous acres under one ownership or control,
provided that an area less than 100 acres may be added to an existing
PRD if contiguous thereto and if in compliance with the provisions
of this chapter.
(2)
Gross residential density. There shall be no more than four dwelling
units per acre. Same shall be calculated by dividing the proposed
number of dwelling units by the number of acres in the development,
excluding land under permanent bodies or flowing streams of water
preexisting development of the tract and half of all land within a
floodplain area, as defined in this chapter or any other ordinance
of the Township.
(3)
Height of buildings. The height of any building shall not exceed
35 feet and shall be limited to 2 1/2 stories; provided, however,
that water towers and attendant facilities and similar structures
shall have no height limit, but shall be reviewed on an individual
basis.
(4)
Green area or open space. No less than 20% of the entire acreage
of the PRD tract shall be used for a green area or open space. "Green
area" or "open space," for the purpose of this chapter, is defined
as those areas of the tract not committed to use for residential buildings
and public or private rights-of-way. There may be included in the
green area those areas used for recreational purposes.
(5)
Minimum lot size or allocation.
(a)
Minimum lot size for single-family detached dwellings in the
PRD shall be 6,000 square feet with a width of not less than 55 feet.
(b)
Attached dwellings or townhouses shall have a minimum lot size
of 1,500 square feet for each unit. The minimum width of such townhouse
units shall be 20 feet at the building setback line.
(6)
Building coverage. Not more than 20% of the gross area of the PRD
shall be covered by buildings.
(7)
Townhouses. Not more than eight units shall be connected and there
shall be at least 25 feet between townhouse buildings, excluding streets,
and between townhouse buildings and other principal uses.
(8)
Buffers.
(a)
There shall be a minimum buffer of 50 feet along the perimeter
of the project consisting of natural vegetation. Provided, however,
that additional plantings or fencing shall be employed where necessary
to provide a more dense screening from abutting occupied properties.
(b)
No building or structure, other than entrance gate houses, walls,
fences or carports shall be located within 40 feet of any exterior
boundary line of the tract.
(9)
Water and sewerage facilities. No individual wells or individual sewerage disposal systems shall be permitted and each building shall be serviced with water and sewerage utilities by a central water supply and disposal system which is to be approved by the Ocean Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to insure that such necessary facilities shall be installed. The Ocean Township Municipal Utilities Authority, in its discretion, may require the developer to convey at no cost to the Township, sewerage or water collection and distribution systems and appurtenances thereto, including wells and pumping stations, as a condition of approval of its water and sewerage systems. All on-site and off-site drainage shall be provided for in accordance with Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean.
(10)
Setbacks.
(a)
Single-family dwellings. Front yards, side yards and rear yards
of single-family dwelling buildings shall comply with the following
minimum dimensions:
[1]
Front yard setbacks shall be at least 10 feet. On a corner lot,
all residential buildings shall be at least 15 feet from any street
upon which the lot does not front.
[2]
A side yard shall be a minimum of five feet. In no event shall
buildings be less than 15 feet apart.
[3]
Rear yard setbacks shall be at least 15 feet apart.
(11)
Minimum floor space per dwelling unit. Efficiency unit: 700
square feet; one-bedroom unit: 800 square feet; two-bedroom unit:
900 square feet.
(13)
Streets.
(a)
Streets may be either dedicated to the public use or private
in nature, at the option of the Township Committee. In any event,
same shall be constructed in accordance with the provisions of this
chapter.
(b)
With the exception of those roads which are required to be dedicated
for public use by either the Planning Board, Township Committee or
the County of Ocean, all roads are to remain private roadways and
are to be the property and responsibility of a homewners' association
or analogous body for the care and maintenance of roadways, green
areas and recreational facilities. Provisions shall be made for the
permanent maintenance of private roadways located within a PRD so
that such roadways shall not become the obligation of the Township.
(c)
Street dedicated for public use shall have a minimum thirty-foot
paved width within a minimum fifty-foot right-of-way. Private roadways
shall have a minimum right-of-way and paved width of 28 feet.
(d)
Streets and culs-de-sac shall be constructed in accordance with standards set forth in Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean. Provided, however, that private roadways shall have a minimum base paved course with a depth of three inches and a minimum top paved course with a depth of 1.5 inches.
(14)
Paths and sidewalks. Sidewalks shall be provided along one side
of each street within the project, together with walking trails to
provide for pedestrian movement between residences and community facilities.
(15)
Maintenance of association-owned properties. The maintenance
of the green areas, private roadways, driveways, common courtyards,
recreational areas, lakes and other improvements not intended to be
individually owned shall be provided by an association organized under
the nonprofit corporation statute of the State of New Jersey (Title
15) and formed for that purpose. The applicant shall, in the form
of restrictions and covenants to be recorded, provide that title to
the aforesaid enumerated areas shall be conveyed to said association,
whose members shall be owners of lots or other interests, or to such
other persons as a majority of the members shall designate from time
to time by duly adopted bylaws. Said restrictions and covenants shall
also provide that, in the event that the nonprofit association shall
cease to function through lack of participation of its members, or
be dissolved, the Township shall have the right by special assessment
to assess the lot owners in the development or tract, annually, a
sum of money which would be sufficient to pay the taxes on said park,
recreational and other areas and for the proper upkeep, maintenance
and preservation of same. Such restrictions and covenants shall further
provide that the same shall not be altered, amended, voided or released,
in whole or in part, without the written consent of the Township,
by resolution duly adopted at a regular meeting of the Township Committee
and except upon proper notice being given by the applicant or any
other party in interest to all owners of lots in the PRD tract.
(16)
Recreational areas.
(a)
There shall be in each PRD at least one clubhouse or community
building. There shall be at least six square feet of clubhouse space
provided for each proposed dwelling unit. The clubhouse shall be completed
and in operation before the 300th dwelling unit has been completed
and a certificate of occupancy issued therefor, with a performance
guarantee to be posted by the developer when the 100th dwelling unit
has been completed a certificate of occupancy issued therefor, in
an amount equal to the estimated cost of completion of the clubhouse
at that time ("clubhouse bond"). Off-street parking to service the
clubhouse facility shall be provided at the ratio of one parking space
per 100 square feet of clubhouse building space. In the event that
the clubhouse is not completed within five years from the date of
issuance of the building permit thereof, the Township shall be empowered
to exercise all rights under the clubhouse bond.
(b)
Each PRD shall provide a site or sites for recreational facilities
for the use of its residents. Recreational facilities shall include,
but shall not be limited to, such facilities as shuffleboard lanes,
barbecue grills, picnic benches and indoor recreation facilities.
Swimming pools not less than 2,500 square feet in size shall be required
by the Planning Board in its discretion, as will be beneficial to
the residents of the community. All grounds surrounding recreational
and administrative facilities shall be appropriately landscaped and
shall be provided with adequate walkways. Underground irrigation shall
be installed in such area.
(c)
Where a PRD is a conventional fee simple development, covenants
and restrictions and plot plans shall indicate that recreational areas
and green areas shall be dedicated to a homeowners' association or
analogous body.
(17)
Bedroom limitation. No dwelling unit within a planned residential
development shall contain more than three bedrooms. In addition, any
loft area with bathroom facilities shall be considered a bedroom and
will count as one of the three bedrooms permitted.
[Added 8-9-2012 by Ord. No. 2012-17]
(18)
Generators. Operation of generators on residential properties shall
be permissible, subject to the following provision:
[Added 3-15-2022 by Ord.
No. 2022-1]
(a)
EMERGENCY
GENERATOR
Definitions. For the purposes of this subsection, the terms
herein are defined as follows:
The loss of primary power due to power outage due to a natural
or man-made event beyond the control of the property owner or occupant.
For the purposes of this subsection, a residential household's failure
to pay a gas or electric bill and/or the loss of gas or electrical
service shall not constitute an emergency.
Reciprocating internal combustion engine or solar device
used to supply backup electric power when local utility is unavailable.
This definition includes all associated equipment.
(b)
Permit required; location for outside equipment.
[1]
No generator shall hereafter be permanently installed or permanently
connected to service any existing residential dwelling, unless such
generator meets the requirements of this subsection and a permit to
do so is first obtained from the Construction/Zoning Official.
[2]
All permanently installed generators shall be located in the
side yard of the lot.
[3]
All screening or fencing shall be placed in accordance with
the generator manufacturer's recommendations, the requirements of
the National Fire Protection Association and the zoning requirements
of the Township of Ocean. All screening or fencing shall be maintained
as originally approved. If the screening or fencing is not so maintained,
any permit granted is subject to immediate revocation by the Construction/Zoning
Official.
(c)
Conditions for temporary placement. Except for generators serving
a public purpose and owned and operated by the Township, generators
temporarily used on a residential property shall be allowed only as
follows:
[1]
Only one generator with an output of not more than 24kW is allowed.
[2]
The generator shall be positioned adjacent to the central air
conditioning unit and shall extend no farther from the structure than
the central air conditioning unit. If a property lacks a central air
conditioning unit, the generator must meet the side yard setback requirement
of five feet.
[3]
The generator shall be installed and operated in accordance
with the recommendation of the manufacturer and in accordance with
New Jersey Department of Community Affairs regulations.
[4]
The generator shall be used only during periods of emergency
for the duration that the local utility is unavailable; for periodic
testing and necessary maintenance operations; or for operation of
equipment attendant to the construction or renovation of a residential
dwelling.
(d)
Conditions for permanent placement. Except for generators serving
a public purpose and owned and operated by the Township, generators
permanently installed shall be allowed only as follows:
[1]
Only one generator with an output of not more than 24kW is allowed.
[2]
The generator shall be positioned adjacent to the central air
conditioning unit and shall extend no farther from the structure than
the central air conditioning unit. If a property lacks a central air
conditioning unit, the generator must meet the side yard setback requirement
of five feet.
[3]
The generator shall be installed in accordance with the most
current editions most currently adopted UCC/DCA codes.
[4]
The footprint of the generator, including the pad, will not
be counted as impervious coverage.
[5]
The footprint, including the pad and cover, shall not exceed
15 square feet and a height of four feet.
[6]
The generator shall be used only during periods of emergency
for the duration that the local utility is unavailable, or for periodic
testing and necessary maintenance operations.
[7]
The generator shall be exempt from the provisions of Chapter 245, Noise, of the Township Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.
[8]
The exhaust of the generator shall, as much as practically feasible,
be vented upwards or directed away from neighboring properties.
[9]
The generator shall be operated for routine testing and maintenance
purposes not more than one time any seven-day period, and no test
shall exceed 30 minutes. Testing of emergency generators is permitted
between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday,
excluding holidays.
[10]
Testing may be conducted when the unit is being
repaired, provided that such testing period shall not exceed 30 minutes
and shall be conducted only between the hours of 10:00 a.m. and 5:00
p.m. Monday through Saturday, excluding holidays.
(e)
Application for permit. The application for the installation
of a permanently installed generator in accordance herewith, on forms
supplied by the Construction/Zoning Official, shall be accompanied
by a drawing or survey prepared by a licensed land surveyor of the
State of New Jersey, showing the property lines of the lot, the location
of the building or structure, the front, side and rear yard dimensions
and the proposed location, drawn to scale, of the generator.
(f)
Zoning application fee. Every application for installation/use
of a permanently installed generator to serve a residential dwelling,
building, or other structure shall be accompanied by a zoning fee
in the amount of $50. The applicant must also provide any construction
fees that may be required.
(g)
Inspections required. No permanently installed generator shall
be placed in operation, or routinely tested on a residential property,
unless and until inspected and approved by the Construction/Zoning
Official.
(h)
Enforcement. The enforcement of the provisions of this subsection
shall be within the jurisdiction of the Construction/Zoning Official
or their designee in the Township of Ocean Police Department.
(i)
Violations and penalties. Any person, firm, corporation or other
entity who shall violate any of the provisions of this subsection
shall, upon conviction, be subject to a fine not exceeding $1,000,
imprisonment up to 90 days, and each day that such violation shall
continue shall be deemed a separate offense.
(j)
Relief from standards imposed. The Zoning Board of Adjustment
shall have jurisdiction to grant variances from any land use regulation
set forth in this subsection in accordance with the provisions of
the Municipal Land Use Law and the Code of the Township of Ocean.
D.
Procedural requirements.
(1)
Site plan approval required. An application for a planned residential development shall meet all requirements for major site plan approval as set forth under Article XVI of this chapter.
(2)
Additional requirements.
(a)
At such time as the applicant or developer shall submit a subdivision
plan or site plan for approval, the following shall also be submitted:
(b)
Said documents shall be forwarded to the Planning Board and
shall be subject to the review of said Board and of the Township Committee
as to their adequacy in ensuring that the community shall be constituted
so as to be consistent with the purposes and requirements of this
chapter. The proposed documents and restrictions shall indicate a
comprehensive and equitable program for the orderly transition of
control over the homeowners' association from the applicant or the
developer to the actual homeowners in the community.
(c)
In addition to the foregoing, it shall be mandatory for any
application to provide the board and the Township Committee with copies
of all submission to be made to any state agency, pursuant to the
Retirement Community Full Disclosure Act,[1] as applicable to the particular PRD, at all stages of
development.
[1]
Editor's Note: See N.J.S.A. 45:22A-1 et seq.
(3)
Fees. Upon application to the Planning Board for site plan approval,
the developer shall pay the following nonrefundable application fee
to the Township by cash, certified check, or money order, such fee
to cover costs incurred by the Township for professional services
and expenses involved in reviewing an application for a PRD:
[Amended by Ord. No. 1997-2; Ord. No. 1997-4; Ord. No. 1999-25]
A.
Intent. Recognizing that planned retirement communities are necessary
and desirable to the general welfare of the Township and recognizing
that the location of such accommodations within certain zones may
be incompatible with the general welfare if improperly designed and
regulated; such planned retirement communities shall be considered
a conditional use in the zones set forth in this chapter and subject
to the specific conditions set forth in this chapter for such a use.
B.
Where permitted. Any other provisions of these ordinances to the
contrary notwithstanding there is authorized in the Township, the
establishment of planned retirement communities as a conditional use
in the R-1, I-1 and I-2 Zones.
C.
Definition of planned retirement community (PRC). A "planned retirement
community," hereinafter referred to as PRC, is defined as one or more
parcels of land having a contiguous total acres of at least 50 acres
forming a land area to be used as a planned retirement community;
said land shall, through its corporation, association or owners, restrict
use of the property therein, bylaws, rules, regulations and restrictions
of records, to use by permanent residents of the age indicated below,
except as otherwise provided herein. Ownership of the residential
units may be in any form recognized under the laws of the State of
New Jersey.
(1)
Lands shall be considered contiguous so long as said lands are not
separated by existing public streets, or railroad rights-of-way presently
used; provided, however, that where an applicant is able to demonstrate
to the satisfaction of the approving agency that the lands so separated
lend themselves to an integrated community plan, without any substantial
detriment to the public health, safety or welfare, the approving agency
may waive the contiguity requirement.
(2)
Age of residents. The permanent residents of said planned retirement
communities shall be restricted to residents who are at least 55 years
of age or over; provided, however, no child 19 years of age or under
may reside with the occupant. The approving agency shall have the
right to deviate from the section pursuant to provisions of the Administrative
Code, provided that the deviation shall be in conformance with the
United States Fair Housing Act of 1988, P.L. 100-430, 42 U.S.C. § 3601
et seq.
D.
Uses required and permitted.
(1)
The
following uses are permitted:[1]
(a)
Single-family detached dwellings; and/or
(b)
Attached single-family dwelling units within the same building,
hereinafter referred to as a "multiple dwelling," but no more than
four such units in any one building; and/or
(c)
Senior citizen recreational and cultural facilities for the
sole use of the residents of the community and their guests, including
the following: clubhouse, pools, shuffleboard courts, golf course
and picnic grounds. Recreational and cultural facilities shall not
be limited to the foregoing, so that an applicant may propose additional
facilities with its submission. All such facilities shall be subordinated
to the residential character of the area, and no advertising shall
be permitted.
(2)
Following uses may be permitted, but are not required:
(a)
Facilities for the following uses:
[1]
Professional offices for doctors, dentists, chiropractors, opticians,
accountants and attorneys;
[2]
Medical clinics and first aid facilities;
[3]
Offices for banks, insurance agencies, real estate agencies,
financial investment counselors and brokers, and such other similar
services;
[4]
As a precondition to the establishment of such uses in a planned
retirement community, the Planning Board must find that the location
of the use will not interfere with or adversely impact residential
units in the planned retirement community and that the use shall be
limited to the residents of the planned retirement community.
(b)
A properly screened unpaved, graveled area for the parking of
accessory vehicles not normally utilized for transportation at a location
and of such size approved by the approving agency. Such area shall
not be used in computing green area.
(c)
A properly screened area reserved for storage and care of maintenance
equipment and administration of the community.
(d)
Limited commercial facilities properly integrated with the PRC
and as approved by the approving agency.
(3)
Model homes and/or sales office in accordance with N.J.S.A. 40:55D-66
and any retail home decoration and furnishings sale facility operated
by the developer of the planned retirement community solely for the
use of purchasers of dwelling units therein.
(4)
Accessory uses. In addition to those provided herein, necessary accessory
building and uses shall be permitted including facilities for recreation,
street and off-street parking facilities and utilities.
(5)
Prohibited uses. All other uses shall be prohibited, including without
limitation, all dwelling units not part of the site development plan
submitted by the applicant.
E.
Development standards. No building permits shall be issued or construction
commenced within the area except in accordance with a site development
plan herein prescribed. Such site development plan shall meet at least
the following minimum requirements:
(1)
Minimum area. The minimum area for a PRC shall be 50 contiguous acres
under one ownership or control, provided that areas of any size may
be added to an existing PRC contiguous thereto and in compliance with
the provisions of this chapter.
(2)
Density. There shall be no more than 4 1/2 units per gross acre.
(3)
Residential building coverage. Not more than 30% of the gross area
shall be covered by residential buildings.
(4)
Green area. Not less than 50% of the gross area shall be devoted
to green area, which is herewith defined as the project area not covered
by residential buildings, community structures, the paved areas of
streets and parking areas.
(5)
Minimum lot size. Minimum lot size for single-family detached dwelling
in the PRC shall be 5,000 square feet with an average width of not
less then 50 feet.
(a)
Attached dwellings or townhouses shall have a minimum lot size
of 1,500 square feet for each unit. The minimum width of such townhouse
units shall be 25 feet at the building setback line.
(6)
Minimum gross floor area. The minimum gross floor area for one-bedroom
units shall be 650 square feet. The minimum gross floor area for two-bedroom
units shall be 800 square feet, except as provided for efficiencies,
600 square feet.
(7)
Setbacks. No building or structure shall be located closer than 20
feet from a street, provided that all driveways footage on said street
shall be 25 feet or more in length. Furthermore, no building or structure
other than entrance gates or fences shall be located within 30 feet
of any exterior boundary line of the tract.
(8)
Distance between residential buildings.
(a)
There shall be a minimum side yard setback of 7 1/2 feet,
and a minimum rear yard setback of 20 feet.
(b)
For multifamily dwellings oriented essentially at 90° to
each other, the minimum distance between same shall be 20 feet or
one times the maximum height of the building, whichever is greater.
(c)
For multifamily dwellings oriented essentially end-to-end to
each other, the minimum distance between same shall be 25 feet or
1 1/2 the maximum height of the buildings, whichever is greater.
(d)
For multifamily dwellings oriented essentially with parallel
axis facing each other, the minimum distance between same shall be
40 feet or 2 1/2 times the maximum heights of buildings, whichever
is greater.
(e)
The minimum distance from any multifamily structure and a parking
lot curbline or alley curbline shall be 10 feet except that 20 feet
is required between the face of an attached garage and the curbline
of an alley.
(9)
Off-street parking. Average 1 1/2 spaces for each dwelling unit.
A parking space is defined as a space of 10 feet by 20 feet, except
that a driveway fronting on a street shall be 25 feet as measured
from the curb face on the street or from the street line if the street
is a public street.
(10)
Utilities. The planned retirement community shall be serviced
by a water system and sewerage system approved by the Ocean Township
Municipal Utilities Authority. All utilities shall be underground.
(11)
Artificial lighting shall be provided on the premises and installed
at major intersections and at such other places as the Planning Board
may require.
(12)
Roads.
(a)
Roads shall be constructed in accordance with the requirements
of the Township's ordinances, except as follows:
[1]
Minor streets, i.e., streets of not more than 600 feet in length,
which shall be through streets or terminate in a cul-de-sac, and shall
have a minimum paved roadway width of 24 feet.
[2]
Collector streets shall have a minimum paved roadway width of
30 feet.
[3]
Arterial streets shall have a minimum paved roadway of 40 feet.
[4]
All streets shall be paved in accordance with New Jersey Department
of Transportation specifications and shall include a minimum of 1.5
inches of FABC-1 bituminous concrete surface course, three inches
of bituminous concrete surface course, three inches of bituminous
stabilized base course and six inches of compacted soil aggregate.
(b)
Provisions shall be made for the permanent maintenance of private
roadways located within a planned retirement community so that such
roadways shall not become the obligation of the Township. (See also
special conditions.)
(c)
Culs-de-sac of minor streets and minor collector streets shall
have a minimum curb radius of 40 feet, and no parking shall be allowed
in the cul-de-sac.
(d)
There shall be no parking on any of the streets.
(13)
Sidewalks shall be a minimum width of four feet and shall be
installed along the streets on both sides.
(14)
Buffer strip. There shall be provided a fifty-foot screening
strip when the project abuts a nonresidential zone or use or state
of county highway or a municipal arterial highway, said buffer strip
shall not be used in computing any setbacks.
(15)
All on-site and off-site drainage shall be provided for in accordance
with the applicable Township ordinances pertaining to subdivision
of land.
(16)
Water and sewerage facilities. No individual disposal systems
shall be permitted and no individual wells shall be permitted except
for turf irrigation, as may be regulated by the Ocean Township Municipal
Utilities Authority. Sewerage disposal and water distribution systems,
including fire hydrants, shall be approved by the Ocean Township Municipal
Utilities Authority, the Department of Environmental Protection and
Energy and all other applicable bodies. No building permit shall be
issued unless, and until, plans for such facilities have been submitted
to the proper authority for approval and adequate provisions are made
to ensure that all necessary facilities shall be installed. All such
facilities shall be so constructed as to facilitate their connection
to systems which may be provided by County of Municipal Authorities.
(17)
Driveways, walks and parking areas. There shall be provided
a safe and convenient system of driveways, walks and parking areas.
Due consideration shall be given in planning walks, ramps and driveways
to prevent slipping or stumbling; handrails where deemed necessary
and ample places for rest shall be provided and grading of walks shall
not exceed 7%; the outdoor available to residents shall permit older
persons to move without danger and with minimum effort.
(18)
Either vertical concrete or roll concrete curb shall be provided
on all streets.
(19)
The maximum building height of any single-family dwelling building
in a planned retirement community shall be two stories but not to
exceed 35 in height.
(20)
The Planning Board may grant design waivers to vary minimum
distances between residential buildings consistent with sound planning
concepts and where a comprehensive development plan for a planned
retirement community may require.
(21)
Each planned retirement community (PRC) shall provide at least
one clubhouse to serve the entire PRC with a total habitable area
equal to 10.5 square feet for each dwelling unit built in the PRC.
In computing the "interior habitable area," all space reserved for
mechanical equipment shall be excluded.
(22)
Bedroom limitation. No dwelling unit within a planned retirement
community shall contain more than three bedrooms. In addition, any
loft area with bathroom facilities shall be considered a bedroom and
will count as one of the three bedrooms permitted.
[Added 8-9-2012 by Ord. No. 2012-17]
F.
Recreation areas.
(1)
There shall be provided in each planned retirement community one
clubhouse or community building. The initial clubhouse shall be completed
and in operation before the 25th dwelling unit has been completed
and a certificate of occupancy issued thereupon. Said clubhouse shall
have an adjoining parking area with sufficient spaces so as to comply
with all off-street parking requirements of the Township. A minimum
of 50% of said parking area shall be paved and the remaining parking
area, if any, shall be graded and graveled.
(2)
A complex consisting of recreational facilities shall be required
by the Ocean Township approving agency. All ground surrounding recreational
and administrative facilities shall be attractively landscaped, with
appropriate walkways. Adequate irrigation systems shall be provided.
(3)
Should topographic conditions or particular soil conditions permit,
the applicant may, as part of the recreation area, provide a lake
for aesthetic purposes, fire protection, as well as water recharge
and water retention purposes.
(4)
Off-street parking shall be provided to serve the clubhouse or community
building at the ratio of one parking space for each eight dwelling
units developed in the planned retirement community.
G.
Procedures for acquiring a planned retirement community approval.
(1)
The applicant shall submit a complete application for conditional
use permit. Such application for development or its accompanying exhibits
shall include a map or maps showing the location and extent of the
property to be included in the entire planned retirement community
and indicating the project standards for a PRC found in this chapter:
(a)
Schematic circulation plans setting forth the general alignment
of main roadways;
(b)
Proposed land use plan setting forth the general arrangement
and magnitude of proposed land uses, including open space, and giving
an acreage projection for each proposed land use category;
(c)
Projection of the total number of dwelling units proposed together
with the proposed residential density;
(d)
In the case of plans calling for development of the project
in sections, a delineation of each proposed section and the proposed
development schedule;
(e)
Other data, etc., as may be required by the approving agency
to make proper decision and to assure that the development standards
set forth in this chapter are met so that such use in the specified
location will comply with the conditions and standards or location
or operation of such use.
(2)
Consideration by approving agency. The approving agency shall consider
the proposed conditional use permit from the point of view of the
standards and purpose of the regulations governing planning retirement
communities so as to achieve a maximum coordination between the proposed
development and the surrounding uses, including the preservation of
natural areas and landscape features and the proposed circulation
into and on the site and other feature as will contribute to the orderly
and harmonious development of the area and for conformance with the
health, safety and welfare of the citizens of Ocean Township.
H.
Special conditions.
(1)
The approving agency shall attach such conditions as permitted by
law to any approval of a conditional use permit allowing a planned
retirement community as it may deem necessary to insure at no cost
to the Township; proper disposal of waste, garbage, trash, junk and
other unhealthful accumulations; construction and maintenance of roads
and grounds; snow removal; and payment for streetlighting; assurance
of right of ingress and egress by police, health, fire inspecting
officials and other officials of the Township. The approving agency
shall require covenants to be filed by the applicant prior to the
issuance of a certificate of occupancy.
(2)
The covenants and restrictions and bylaws and any amendments thereto
shall be filed with the Township Clerk.
I.
Development. Applicant shall obtain preliminary and final subdivision
or site plan approval as the case may be. Thereafter, development
of all of the uses and amenities approved shall proceed at the same
rate as the dwelling units. To assure compliance with this chapter,
the applicant shall submit a schedule showing the number of dwelling
units having received final approval and the amenities which have
received final approval so as to answer the board that the development
standards are maintained through each stage of development.
J.
Dedication of land for public use. Ocean Township may at any time,
and from time to time, accept the dedication of land for public use
and maintenance, or any interest therein, required to be set aside,
designated and reserved for the use and enjoyment of owners and occupants
of land adjoining or neighboring such land as condition of approval
of a planned retirement community, but such dedication shall not be
required by the approving agency.
(1)
The applicant shall also submit an environmental (assessment) impact
statement of the possible impact of the project on the site.
(2)
Public hearing. Within the time provided by law and subsequent to
the applicant giving proper notice pursuant to the provisions of N.J.S.A.
40:55D-11 and N.J.S.A. 40:55D-12, a public hearing on such application
shall be heard by the approving agency.
(3)
The final approved conditional use permit shall assure the applicant
that the tract of land forming the subject matter of the application
may be developed as a planned retirement community within the general
framework of the document submitted and the condition imposed.
(4)
Validity. A conditional use permit approved in accordance with these regulations shall expire as of the time limit set forth in an approving resolution, as specified in Subsection J(5) of this section. Should the resolution fail to set such time limit, the conditional use permit shall remain valid for a period of one year following final approval by the Township approving agency. If at the end of that time, no application for preliminary site plan or subdivision for the project has been filed, then the conditional use permit plan shall be considered as having lapsed and shall be of no effect unless resubmitted for approval as a planned retirement community as hereinabove provided. Extensions may be granted in the discretion of the approving agency.
(5)
The granting of a conditional use permit shall allow the applicant
to provide for an application of a preliminary site plan or preliminary
subdivision approval. Nothing in this section shall preclude an applicant
from making a request for preliminary or final approval in sections
less than the total project as long as the applicant submits a master
storm drainage plan for the entire project with the first preliminary
application for a section. Should an applicant choose to make application
for preliminary or final in sections, the conditional use permit validity
and the preliminary approval shall continue for one year from the
date of the last approval of a preliminary or final application for
a section. Nothing in this subsection shall prevent the applicant
from submitting the information required for final approval in two
stages. The first stage being the overall plan and the profile storm
sewer design and fire hydrant layout, which plans shall be submitted
to the approving agency in accordance with the above requirement.
Following approval by the approving agency of these plans, the applicant
then may construct such site improvement and utilities, providing
that the inspection fees have been deposited with the Township, and
may thereafter submit portions of the plan with actual units to be
constructed, showing the driveways, units, sidewalks, finished floor
grades and proposed grading of land around the buildings. Such plan
shall also be submitted to the approving agency in accordance with
the above requirements. No building permits will be issued until the
second plan, showing the actual units to be constructed has been approved.
Should the applicant choose a two-stage final application approval,
it shall submit the full requisite final inspection fee. These conditions
shall include but not be limited to the requirement that the covenants
and restrictions provided for the foregoing services and further that
these covenants and restrictions shall insure the benefit of the Township.
K.
GRAVELED AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A minimum of two inches of decorative 3/8 inch stone over
four inches of dense graded aggregate (crushed concrete), bordered/edged
with six-inch-by-six-inch timber landscaping ties.
[Added by Ord. No. 2005-43]
A.
General intent. The WPO Zone is an overlay zone whereby, in addition
to the requirements of the underlying zoning district, the following
requirements shall apply. In the event of a conflict with the requirements
of the underlying zone, the provisions of the WPO Zone shall supersede.
B.
Prohibited activities. The following uses and activities shall be
prohibited in the WPO Zone:
(1)
Permanent storage or disposal of hazardous wastes, industrial or
municipal sludge or radioactive materials, including solid waste landfills;
(2)
Collection and transfer facilities for hazardous wastes, solid wastes
that contain hazardous materials, and radioactive materials;
(3)
Any use or activity requiring the underground storage of hazardous
material or waste in excess of an aggregate total of 300 gallons.
C.
Permitted activities. The following activities involved or conducted as part of an otherwise permitted or accessory use in the underlying zone shall be permitted only upon the finding of the Planning Board, as part of any required site plan or subdivision approval, that best management practices, or other procedures or measures, as set forth in Subsection F of this section, are in place such that a minimal threat is posed by the activity to groundwater quality in the wellhead protection area in which the activity is to be conducted:
(1)
On-site storage (above or below ground), use or disposal of hazardous
materials or wastes in excess of an aggregate total of 50 gallons
or 100 pounds;
(2)
Individual ground disposal systems;
(3)
Auto body and auto repair activities;
(4)
New and used truck and auto sales activities;
(5)
Contractor yards;
(6)
Commercial car washes.
D.
Exempted activities. The following activities or uses are exempted from the requirements of Subsections B and C of this section:
(1)
Retail sales establishments that store and handle hazardous materials
for resale in their original unopened containers;
(2)
Police, fire and emergency medical service facilities;
(3)
Municipal, county and state government facilities;
(4)
The use of any hazardous material solely as fuel in a vehicle fuel
tank or as a lubricant in a vehicle;
(5)
The transportation of a hazardous material through the WPO Zone,
provided that the transporting vehicle is in transit and meets all
state and federal requirements for the transportation of such hazardous
material.
E.
Environmental impact statement (EIS) required. All activities regulated pursuant to Subsection C of this section and all major site plan and major subdivision applications shall submit an environmental impact assessment addressing the requirements of § 410-37 of this chapter and demonstrating to the satisfaction of the approving authority that the proposed use and/or activity employs, to the maximum extent practicable, best management practices, as set forth in Subsection F of this section, to protect groundwater quality in the WPO Zone and minimize the risk of potential groundwater contamination. Nothing in this subsection shall relieve an applicant from the requirements of § 410-37A, B and C of this chapter where applicable. Any waiver that may be granted by the approving authority from the requirements of § 410-37A, B and C of this chapter shall not include waiver of the requirements of § 410-37D of this chapter.
F.
Groundwater quality protection best management practices. The following
principles, measures and guidelines shall be utilized, to the maximum
extent practicable, to minimize the impact of development and/or activities
on the quality of the Township's groundwater resources and to limit
the risk of contamination of the Township's potable water supply:
(1)
All commercial and residential development shall minimize impervious
coverage and maximize the amount of natural unoccupied open space.
In WPO Zones, the amount of impervious coverage should be a minimum
of 10% less than that permitted by the underlying zoning.
(2)
The preservation of naturally vegetated areas and landscaped areas
utilizing native plant material requiring minimal fertilization and
pesticide and herbicide application are encouraged.
(3)
Substantial lawn areas requiring fertilization and pesticide and
herbicide application are discouraged.
(4)
Storage of hazardous materials shall, except as otherwise regulated
by state or federal regulation, allow access for physical inspection
and monitoring and shall utilize the best available technology to
provide for automatic and immediate alarm or detection of releases.
(5)
Users of hazardous materials shall have a plan to detect and control
hazardous material leaks and spills, including but not limited to
inspections, notification procedures and emergency containment and
cleanup procedure.
[Added 5-17-2022 by Ord.
No. 2022-10]
A.
General intent.
(1)
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (P.L. 2021, c. 16; hereinafter "the
Act")[1] legalized the recreational use of cannabis by adults aged
21 years or older and established a comprehensive regulatory and licensing
scheme for commercial recreational cannabis operations, use, and possession.
The Act also required municipalities to "opt in" or "opt out" of permitting
cannabis-related businesses and allowed municipalities choosing to
opt in to develop reasonable regulations for the location and manner
of operations.
[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)
The Township of Ocean has chosen to permit cannabis-related
businesses. The purpose of Cannabis Use Overlay Zone No. 1 is to provide
adequate space for cannabis-related businesses within the Township;
and sets forth land use requirements for said uses.
D.
License required. Operators of facilities developed in accordance
with the standards of Cannabis Use Overlay Zone No. 1 shall hold an
appropriate Class 1 (Cannabis Cultivator), Class 2 (Cannabis Manufacturer),
Class 3 (Cannabis Wholesaler) or Class 4 (Cannabis Distributor) license
issued by the Cannabis Regulatory Commission, Department of Treasury,
State of New Jersey.
E.
Outdoor activities prohibited. Outdoor cultivation, manufacture,
and storage of cannabis and related outdoor activities associated
with a license issued by the Cannabis Regulatory Commission, Department
of Treasury, State of New Jersey, shall be prohibited. Cultivation,
manufacture, and storage of cannabis and related activities shall
be located indoors.
F.
Lot and building requirements. The following regulations shall apply
in Cannabis Use Overlay Zone No. 1:
G.
Lighting. A lighting plan shall be required. The following standards
shall apply:
(1)
Greenhouse interior lighting. Anticipated exterior spillage
of greenhouse interior lighting shall be depicted on lighting plans.
Where exterior spillage of greenhouse interior lighting would impact
an adjacent property, measures to mitigate same shall be applied.
Such measures may include:
(2)
All outdoor lighting shall comply with all other applicable
requirements of this chapter.
I.
Odor control. Odor control devices and techniques shall be incorporated
in all cannabis-related businesses to ensure that odors from cannabis
are not detectable off-site. Cannabis-related businesses shall provide
a sufficient odor-absorbing ventilation and exhaust system so that
odor generated inside the cannabis-related business that is distinctive
to its operation is not detected outside of the facility, anywhere
on adjacent property or public rights-of-way, on or about the exterior
or interior common area walkways, hallways, breezeways, foyers, lobby
areas, or any other areas available for use by common tenants or the
visiting public, or within any other unit located inside the same
building as the cannabis-related business. As such, cannabis-related
businesses must install and maintain the following equipment, or any
other equipment which the Board determines is a more effective method
or technology:
(1)
An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally; or
(2)
An air filtration system that creates negative air pressure
between the cannabis-related business's interior and exterior, so
that the odors generated inside the cannabis-related business are
not detectable on the outside of the cannabis-related business.
J.
Community impact statement. A community impact statement that conforms to the requirements of § 340-53 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 1.
K.
Environmental impact statement. An environmental impact statement that conforms to the requirements of § 410-37 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 1.
L.
Water conservation. The following standards shall apply:
(1)
A water conservation plan shall be submitted for each use associated
with a Class 1 (Cannabis Cultivator) or Class 2 (Cannabis Manufacturer)
license issued by the Cannabis Regulatory Commission, Department of
Treasury, State of New Jersey. At a minimum, the water conservation
plan shall provide an estimate of total anticipated water use and
describe proposed measures for water conservation on-site. Such measures
may include, but are not limited to:
M.
Stormwater management. Stormwater management shall be in accordance with Chapter 322, Stormwater Control.
O.
Security. For all cannabis-related uses or activities to be located
within Cannabis Use Overlay Zone No. 1, a security system shall be
provided. Security systems shall meet applicable requirements of the
State of New Jersey, as well as the following additional requirements:
(1)
All security systems shall be professionally monitored and operated
on a continuous basis (i.e., 24 hours per day, seven days per week);
(2)
All security systems shall contact local law enforcement if
triggered;
(3)
All security systems shall preserve security recordings and
documentation for at least 180 days;
(4)
A minimum of two secure backups of all security recordings and
documentation shall be maintained. One backup shall be saved on a
local storage device located on-site. One backup shall be saved off-site.
P.
Farmland soil preservation. Applicants seeking to develop a cannabis-related
use or activity within Cannabis Use Overlay Zone No. 1 shall:
(1)
Identify any prime agricultural soils, soils of statewide importance,
and soils of local importance on the site plan;
(2)
Design the site to avoid prime agricultural soils, soils of
statewide importance, and soils of local importance to the maximum
extent practical in the siting of impervious cover;
(3)
To the extent that impervious cover cannot avoid prime agricultural
soils, soils of statewide importance, and soils of local importance,
the applicant shall consult with the Natural Resources Conservation
Service (NRCS) of the United States Department of Agriculture and
follow all recommendations provided by the NRCS for protecting such
soils to the maximum extent practical; and
(4)
Submit a soils management and respiration plan to restore agricultural
land in the event that the proposed facility creases to operate.
[Added 5-17-2022 by Ord.
No. 2022-10]
A.
General intent.
(1)
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (P.L. 2021, c. 16; hereinafter "the
Act")[1] legalized the recreational use of cannabis by adults aged
21 years or older and established a comprehensive regulatory and licensing
scheme for commercial recreational cannabis operations, use, and possession.
The Act also required municipalities to "opt in" or "opt out" of permitting
cannabis-related businesses and allowed municipalities choosing to
opt in to develop reasonable regulations for the location and manner
of operations.
[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)
The Township of Ocean has chosen to permit cannabis-related
businesses. The purpose of Cannabis Use Overlay Zone No. 2 is to provide
adequate space for cannabis-related businesses within the Township;
and sets forth land use requirements for said uses.
D.
License required. Operators of facilities developed in accordance
with the standards of Cannabis Use Overlay Zone No. 2 shall hold an
appropriate Class 1 (Cannabis Cultivator), Class 2 (Cannabis Manufacturer),
Class 3 (Cannabis Wholesaler) or Class 4 (Cannabis Distributor) license
issued by the Cannabis Regulatory Commission, Department of Treasury,
State of New Jersey.
E.
Outdoor activities prohibited. Outdoor cultivation, manufacture,
and storage of cannabis and related outdoor activities associated
with a license issued by the Cannabis Regulatory Commission, Department
of Treasury, State of New Jersey, shall be prohibited. Cultivation,
manufacture, and storage of cannabis and related activities shall
be located indoors.
F.
Lot and building requirements. The following regulations shall apply
in Cannabis Use Overlay Zone No. 2:
(2)
Minimum lot width: 200 feet.
(4)
Maximum lot coverage: 3%, or as otherwise permitted by CAFRA,
as applicable.
(5)
Other requirements.
(a)
Setback from a property that is developed or zoned for a residential
use: 500 feet.
(b)
Notwithstanding the front yard setback and the setback from
a property that is developed or zoned for a residential use that are
required by this section, development within Cannabis Use Overlay
Zone No. 2 shall be concentrated as closely as possible to the right-of-way
of Wells Mills Road (Ocean County Route No. 532) to minimize disturbance
to existing forest cover and potential habitat areas.
G.
Lighting. A lighting plan shall be required. The following standards
shall apply:
(1)
Greenhouse interior lighting. Anticipated exterior spillage
of greenhouse interior lighting shall be depicted on lighting plans.
Where exterior spillage of greenhouse interior lighting would impact
an adjacent property, measures to mitigate same shall be applied.
Such measures may include:
(2)
All outdoor lighting shall comply with all other applicable
requirements of this chapter.
I.
Odor control. Odor control devices and techniques shall be incorporated
in all cannabis-related businesses to ensure that odors from cannabis
are not detectable off-site. Cannabis-related businesses shall provide
a sufficient odor-absorbing ventilation and exhaust system so that
odor generated inside the cannabis-related business that is distinctive
to its operation is not detected outside of the facility, anywhere
on adjacent property or public rights-of-way, on or about the exterior
or interior common area walkways, hallways, breezeways, foyers, lobby
areas, or any other areas available for use by common tenants or the
visiting public, or within any other unit located inside the same
building as the cannabis-related business. As such, cannabis-related
businesses must install and maintain the following equipment, or any
other equipment which the Board determines is a more effective method
or technology:
(1)
An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally; or
(2)
An air filtration system that creates negative air pressure
between the cannabis-related business's interior and exterior, so
that the odors generated inside the cannabis-related business are
not detectable on the outside of the cannabis-related business.
J.
Community impact statement. A community impact statement that conforms to the requirements of § 340-53 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 2.
K.
Environmental impact statement. An environmental impact statement that conforms to the requirements of § 410-37 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 2.
L.
Water conservation. The following standards shall apply:
(1)
A water conservation plan shall be submitted for each use associated
with a Class 1 (Cannabis Cultivator) or Class 2 (Cannabis Manufacturer)
license issued by the Cannabis Regulatory Commission, Department of
Treasury, State of New Jersey. At a minimum, the water conservation
plan shall provide an estimate of total anticipated water use and
describe proposed measures for water conservation on-site. Such measures
may include, but are not limited to:
M.
Stormwater management. Stormwater management shall be in accordance with Chapter 322, Stormwater Control.
O.
Security. For all cannabis-related uses or activities to be located
within Cannabis Use Overlay Zone No. 2, a security system shall be
provided. Security systems shall meet applicable requirements of the
State of New Jersey, as well as the following additional requirements:
(1)
All security systems shall be professionally monitored and operated
on a continuous basis (i.e., 24 hours per day, seven days per week);
(2)
All security systems shall contact local law enforcement if
triggered;
(3)
All security systems shall preserve security recordings and
documentation for at least 180 days;
(4)
A minimum of two secure backups of all security recordings and
documentation shall be maintained. One backup shall be saved on a
local storage device located on-site. One backup shall be saved off-site.
P.
Farmland soil preservation. Applicants seeking to develop a cannabis-related
use or activity within Cannabis Use Overlay Zone No. 2 shall:
(1)
Identify any prime agricultural soils, soils of statewide importance,
and soils of local importance on the site plan;
(2)
Design the site to avoid prime agricultural soils, soils of
statewide importance, and soils of local importance to the maximum
extent practical in the siting of impervious cover;
(3)
To the extent that impervious cover cannot avoid prime agricultural
soils, soils of statewide importance, and soils of local importance,
the applicant shall consult with the Natural Resources Conservation
Service (NRCS) of the United States Department of Agriculture and
follow all recommendations provided by the NRCS for protecting such
soils to the maximum extent practical; and
(4)
Submit a soils management and respiration plan to restore agricultural
land in the event that the proposed facility ceases to operate.
[Added 12-9-2023 by Ord. No. 2023-23]
A.
General intent.
(1)
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (P.L. 2021, c. 16, hereinafter "the
Act")[1] legalized the recreational use of cannabis by adults aged
21 years or older and established a comprehensive regulatory and licensing
scheme for commercial recreational cannabis operations, use, and possession.
The Act also required municipalities to "opt in" or "opt out" of permitting
cannabis-related businesses and allowed municipalities choosing to
opt in to develop reasonable regulations for the location and manner
of operations.
[1]
Editor's Note: See N.J.S.A., 24:6I-31 et seq.
(2)
The Township of Ocean has chosen to permit cannabis-related
businesses. The purpose of Cannabis Use Overlay Zone No. 3 is to provide
adequate space for cannabis-related businesses within the Township
and set forth land use requirements for said uses.
B.
Permitted uses and activities. The following uses and activities
shall be permitted in Cannabis Use Overlay Zone No. 3:
(1)
Cannabis cultivator, provided that the cultivation activities
are consistent with the term "agricultural use" as defined in this
chapter.
C.
Prohibited uses and activities. The following uses and activities
shall be prohibited in Cannabis Use Overlay Zone No. 3:
D.
License required. Operators of facilities developed in accordance
with the standards of Cannabis Use Overlay Zone No. 3 shall hold an
appropriate Class 1 (Cannabis Cultivator) license issued by the Cannabis
Regulatory Commission, Department of Treasury, State of New Jersey.
E.
Outdoor activities prohibited. Outdoor cultivation and storage of
cannabis and related outdoor activities associated with a license
issued by the Cannabis Regulatory Commission, Department of Treasury,
State of New Jersey, shall be prohibited. Cultivation of cannabis
and related activities shall be located indoors.
F.
G.
Lighting. A lighting plan shall be required. The following standards
shall apply:
(1)
Greenhouse interior lighting. Anticipated exterior spillage
of greenhouse interior lighting shall be depicted on lighting plans.
Where exterior spillage of greenhouse interior lighting would impact
an adjacent property, measures to mitigate same shall be applied.
Such measures may include:
(2)
All outdoor lighting shall comply with all other applicable
requirements of this chapter.
I.
Odor control. Odor control devices and techniques shall be incorporated
in all cannabis-related businesses to ensure that odors from cannabis
are not detectable off-site. Cannabis-related businesses shall provide
a sufficient odor-absorbing ventilation and exhaust system so that
odor generated inside the cannabis-related business that is distinctive
to its operation is not detected outside of the facility, anywhere
on adjacent property or public rights-of-way, on or about the exterior
or interior common area walkways, hallways, breezeways, foyers, lobby
areas, or any other areas available for use by common tenants or the
visiting public, or within any other unit located inside the same
building as the cannabis-related business. As such, cannabis-related
businesses must install and maintain the following equipment, or any
other equipment which the Board determines is a more effective method
or technology:
(1)
An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally; or
(2)
An air filtration system that creates negative air pressure
between the cannabis-related business's interior and exterior, so
that the odors generated inside the cannabis-related business are
not detectable on the outside of the cannabis-related business.
J.
Community impact statement. A community impact statement that conforms to the requirements of § 340-53 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 3.
K.
Environmental impact statement. An environmental impact statement that conforms to the requirements of § 410-37 shall be submitted for each cannabis-related use or activity to be located within Cannabis Use Overlay Zone No. 3.
L.
Water conservation. The following standards shall apply:
(1)
A water conservation plan shall be submitted for each use associated
with a Class 1 (Cannabis Cultivator) or Class 2 (Cannabis Manufacturer)
license issued by the Cannabis Regulatory Commission, Department of
Treasury, State of New Jersey. At a minimum, the water conservation
plan shall provide an estimate of total anticipated water use and
describe proposed measures for water conservation on-site. Such measures
may include, but are not limited to:
M.
Stormwater management. Stormwater management shall be in accordance with Chapter 322, Stormwater Control.
O.
Security. For all cannabis-related uses or activities to be located
within Cannabis Use Overlay Zone No. 3, a security system shall be
provided. Security systems shall meet applicable requirements of the
State of New Jersey, as well as the following additional requirements:
(1)
All security systems shall be professionally monitored and operated
on a continuous basis (i.e., 24 hours per day, seven days per week);
(2)
All security systems shall contact local law enforcement if
triggered;
(3)
All security systems shall preserve security recordings and
documentation for at least 180 days;
(4)
A minimum of two secure backups of all security recordings and
documentation shall be maintained. One backup shall be saved on a
local storage device located on-site. One backup shall be saved off-site.
P.
Farmland soil preservation. Applicants seeking to develop a cannabis-related
use or activity within Cannabis Use Overlay Zone No. 3 shall:
(1)
Identify any prime agricultural soils, soils of statewide importance,
and soils of local importance on the site plan;
(2)
Design the site to avoid prime agricultural soils, soils of
statewide importance, and soils of local importance to the maximum
extent practical in the siting of impervious cover;
(3)
To the extent that impervious cover cannot avoid prime agricultural
soils, soils of statewide importance, and soils of local importance,
the applicant shall consult with the Natural Resources Conservation
Service (NRCS) of the United States Department of Agriculture and
follow all recommendations provided by the NRCS for protecting such
soils to the maximum extent practical; and
(4)
Submit a soil management and respiration plan to restore agricultural
land in the event that the proposed facility ceases to operate.
