A.
Purpose. Automobile sales and service establishments
shall be permitted in the Highway Commercial District, provided that
new car sales and service establishments operating as a manufacturer's
franchise and represented new car automotive sales establishment and
used car sales establishments shall be permitted subject to site plan
approval by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
B.
Minimum requirements.
(1)
Size of site. The site of an automobile sales and
service establishment shall be a minimum of two acres of land, with
a minimum frontage of 150 feet.
(2)
Height of building. The height of the principal building
of the automobile sales and service establishment shall not exceed
2 1/2 stories or 35 feet.
(3)
Building coverage. The building and structures constituting
an automobile sales and service establishment shall not cover or encompass
more than 25% of the total land area allocated to said establishment.
(4)
Setbacks. No part of any building shall be closer
than 50 feet to the front or rear property line or 25 feet to the
side property line. No automobiles shall be displayed closer than
25 feet to the front yard property line.
A.
Purpose. Automobile service stations and repair garages
shall be permitted in the Highway Commercial District, provided that
the following minimum requirements are met.
B.
Minimum requirements.
(1)
Such facility shall have a minimum site size of 40,000
square feet, with a minimum width of 200 feet.
(2)
The height of a service station shall not exceed one
story or 25 feet.
(3)
There shall be a front yard setback of a minimum of
50 feet, two side yard setbacks of at least 25 feet for each side
and a rear yard setback of at least 50 feet.
(4)
The means of vehicular access and egress at the facility
must be clearly defined and controlled to ensure safe and efficient
operation of the facility and to assure safe integration of automotive
traffic with other vehicular and pedestrian traffic.
(5)
Exterior lighting shall be arranged so that it is
deflected away from adjacent land uses and should be arranged so as
not to obstruct or deter the visibility of drivers or pedestrians.
No blinking or flashing lighting system shall be permitted.
(6)
One paved off-street parking space shall be provided
for every full-time employee, plus two off-street parking spaces for
each service bay. Such spaces shall be located in the rear or side
yard of the site. Such spaces shall be designed as defined in this
chapter.
(7)
Except for gasoline or oil sales, changing of tires
and other similar minor automobile servicing, all other repair work
shall be carried on in fully enclosed structures.
(8)
Outdoor storage of equipment or parts shall not be
permitted.
(10)
All gasoline and similar substances shall be stored underground at least 25 feet from any property line other than a street line. No gasoline pump shall be erected within 20 feet of any street or property line. All flammable and combustible liquids, including gasoline, shall be stored in compliance with the BOCA National Fire Prevention Code, National Fire Protection Association regulations, Chapter 102 of the New Jersey Laws of 1986, N.J.S.A. 58:10A-21 et seq., and all other pertinent regulations of the State of New Jersey. A permit shall be obtained from the Egg Harbor City Fire Subcode Official for installation, removal or changes to any storage tank or facility for flammable or combustible liquids. The Fire Subcode Official shall not issue any permits until the Pinelands Commission notice and review requirements in § 170-32(D) and (E) of this chapter have been complied with. Each such tank or storage facility must be inspected annually by the Fire Official.
[Amended 9-12-1991 by Ord. No. 17-1991; 12-12-1991 by Ord. No. 23-1991]
(11)
Landscaping shall be provided along the width of the front property line, exclusive of driveways, in a strip of at least 10 feet wide. Such landscaping shall consist of low-growing shrubs. Whenever the rear of the site or structure may be viewed from a residential district or from an adjoining street, then a landscaped buffer strip shall be provided extending along the rear property line pursuant to standards defined in § 170-57, Note 4: Buffer landscaping.[2]
[2]
Editor's Note: Original § 31-57,
Note 4: Buffer landscaping, which immediately followed this subsection,
was repealed 4-8-1993 by Ord. No. 6-1993.
A.
Purpose. The purpose of these controls is to set forth
standards to guide the development of shopping centers in the Retail
Commercial and Highway Commercial Districts of Egg Harbor City.
B.
Permitted uses. The following uses are permitted in
designed shopping centers:
(1)
Retail sales and service establishments.
(2)
Banks, general businesses, government, financial,
utility, insurance and similar professional offices.
(3)
Restaurants, wherein the consumption of food dispensed
or sold therein or thereby occurs within a fully enclosed structure,
and specifically excluding outdoor counters and drive-in or curb service.
(4)
Personal service establishments or shops, including
but not limited to beauty and barber shops and similar businesses.
(5)
Minor repair establishments or stores engaging in
the repair of televisions, radios, watches, shoes, appliances and
other common household and personal items.
(6)
Motion-picture theaters and radio or television studios
in fully enclosed structures, excluding, however, any tower apparatus
required to service such facilities.
(7)
Dry-cleaning service establishments, provided that
such dry-cleaning work carried out on the premises is done exclusively
in support of the retail service function located on the premises.
(8)
Motor vehicle tire, battery and accessory sales and
new car sales agency with motor vehicle repairs as an accessory use,
but excluding the sale and display of used cars, except as may be
incidental to the operations of a new car sales agency.
(9)
Medical and dental offices, clinics and laboratories.
(10)
Library or community center for cultural activities.
(11)
Retail baking, where baking is undertaken on
the site and is an accessory use to a retail bakery outlet.
(12)
Storage and warehouse operations as accessory
uses physically connected to permitted uses in the shopping center.
(13)
Any use of general character as any of the above
permitted uses when so interpreted by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
C.
Lot and building controls.
(1)
The retail commercial service establishments contained
in any shopping center shall be designed and constructed as one architectural
unit, including buildings, on-site parking facilities, on-site loading
facilities and other requirements as contained herein.
(2)
Minimum site area: two acres.
(3)
Maximum building height: 35 feet or two stories.
(4)
Building coverage of lot: 35%.
(5)
Perimeter landscaped open space (minimum width): 25
feet.
D.
Landscaping. All areas not covered by roadways, pedestrian
walkways, parking areas, etc., shall be landscaped with natural materials
according to a landscaping plan submitted as part of the site plan
application process.
(1)
Canopy trees. A minimum of one canopy tree per 50
feet of perimeter property line and one canopy tree per retail store
shall be planted. Canopy trees shall be a minimum of 12 feet in height
at the time of planting, with a minimum two-to-three-inch caliper
measured six inches above ground level. Clump trees shall be a minimum
of 12 feet in height.
(2)
Shrubs, ground cover and ornamental plantings. Seventy-five
percent of all areas not covered by buildings, roadways, pedestrian
walkways, parking areas, etc., shall be covered with a combination
of evergreen shrubs, ground cover and ornamental planting. The intent,
however, is to assure the proper use of understory plant material
along the edges of buildings, walkways, bases of signs and bases of
streetlights, the creation of plant walls, highlighting entranceways,
screening trash enclosures, restricting entry by certain areas, basic
ornamental planting, etc. All plant material in this category shall
be from approved Pinelands plant material sources. To assure variation,
plant material shall be at least 40% mature at time of planting.
(3)
Special landscaping emphasis. At a minimum, the applicant
shall highlight the landscape plan with the projected treatment for
the following areas and/or use relationships:
(a)
Parking lots.
[1]
All parking lots in design commercial centers shall be landscaped in accordance with the standards for parking design set forth in Article V.
[2]
Whenever an off-street parking area exceeds
100 spaces, the area shall be divided into four sections, with each
section being separated by a concrete strip a minimum of 15 feet wide,
landscaped with canopy trees as prescribed herein.
[3]
Lighting standards shall be provided in such
divider strip to provide adequate and safe lighting for the site.
[4]
Such divider strip shall also be designed with
a pedestrian route, similar to a sidewalk, which will provide safe
access from the off-street parking area to the principal buildings
on the site.
(b)
Maintenance, storage and refuse collection areas.
These areas shall be landscaped with buffer and screen planting to
provide visual physical separation of such elements from contiguous
areas.
(c)
Whenever the rear or side of buildings or a site may be viewed from a residential district or from an adjoining street, then a buffer landscape strip shall be provided pursuant to the standards of § 170-57, Note 4: Buffer landscaping.[1]
[1]
Editor's Note: Original § 31-57,
Note 4: Buffer landscaping, was repealed 4-8-1993 by Ord. No. 6-1993.
(d)
The Land Use Board may require special landscape
treatment if site conditions warrant.
[Amended 8-28-2014 by Ord. No. 9-2014]
(4)
All planting required as part of this chapter shall
be regularly maintained in a neat and orderly fashion. As required,
all plant material that is part of the overall landscaping plan shall
be replaced as required with plant material of a size and quantity
as originally required.
(5)
Maintenance schedule.
(6)
Retention of native plant material. All efforts shall
be made to retain natural plant material. A landscape plan indicating
the same shall be required.
(7)
Substitutions of existing plant material for required
landscaping. Upon inspection and recommendations of its professional
staff, the Land Use Board may accept existing native plant material
as a substitute for any proposed landscape plan.
[Amended 8-28-2014 by Ord. No. 9-2014]
(8)
Location of landscape material. The location of all
existing and proposed landscape material shall be so as not to obstruct
vision in parking areas, along roadways or other areas accessible
to motorized vehicles.
F.
Lighting. Lighting standards within a design commercial
development shall be as follows:
(1)
All lighting shall be designed, oriented and selected
to prevent glare upon surrounding properties or roadways.
(2)
The maximum height for any light standard shall not
exceed 25 feet, or as otherwise designated.
(3)
Pedestrian-oriented lighting shall be low or mushroom-type
standards located along pedestrian routes, bike paths, recreation
areas, etc.
(5)
Adequate night lighting or parking, loading and pedestrian
circulation areas shall be maintained.
G.
Off-street parking and loading requirements.
(1)
Off-street parking. The following parking standards
shall be applicable to shopping centers: There shall be at least 5 1/2
off-street parking spaces for each 1,000 square feet of gross leasable
area of stores, up to a total of 700,000 square feet, with the ratio
reducing to four parking spaces for each 1,000 square feet of gross
leasable area of stores in excess of an aggregate of 700,000 square
feet.
(2)
Off-street loading facilities. Areas for the loading
and unloading of delivery trucks and other vehicles and for refuse
collection, fuel and other service vehicles shall be provided and
shall be so arranged that they may be used without blocking or interfering
with the use of access roads, parking lot driveways or turnarounds,
customer parking spaces or the pedestrian circulation system. Such
facilities shall be located at the rear of the facilities being serviced.
Separate loading facilities for retail stores having more than 25,000
square feet shall be provided. Stall lengths, widths, clearance heights
and maneuvering area shall be adequate to accommodate fifty-foot-long
over-the-road tractor-trailers. Truck-loading service courts or recessed
shopping docks shall be properly screened from public view.
H.
Fences. Fences shall be permitted in all commercial districts as part of commercial development subject to § 170-59, Note 7: Fences, hedges and walls, provided that:
I.
On-site utilities and services. The following on-site
utilities and services shall be provided and adequately maintained
at the developer's expense:
(1)
Shopping centers shall be provided with and served
by water and public sewer facilities or with acceptable alternatives
approved by the Egg Harbor City Land Use Board, Common Council and
Atlantic County Board of Health.
[Amended 8-28-2014 by Ord. No. 9-2014]
(2)
Provisions for storm drainage (including stormwater retention), entrance and accessways (including necessary improvements within the adjacent public rights-of-way) and provisions for trash removal shall comply with design standards and improvement requirements of Article V, Subdivision and Site Plan Review.
(3)
All utility service lines in shopping centers shall
be underground.
(4)
Shopping center premises shall be continuously maintained
in a clean, orderly and attractive manner, free of scattered refuse,
and trash containers for the use of the public shall be placed at
convenient locations on the premises and emptied at regular intervals.
J.
General conditions.
(1)
All trash compactors, bins and areas of refuse storage
shall be consolidated and located in such a manner so as to be screened
from view, self-contained and fully accessible to disposal vehicles.
Such facilities shall be maintained in a clean and orderly condition
at all times. No trash containers or other material shall be visible
at any time. Adequate water conditions shall be located contiguous
to such areas to permit proper and regular cleaning. Enclosures for
such facilities shall be designed of durable material in architectural
conformity with the primary buildings. In conjunction with a trash
removal program, all commercial facilities in the Recreational Commercial,
Highway Commercial and Design Commercial Districts must arrange trash
removal facilities to accommodate recycling programs initiated by
the City i.e., bins for paper, glass, etc.
(2)
Energy conservation. All design commercial facilities
shall indicate the energy-saving techniques utilized in the respective
projects.
(3)
Security plan for the commercial development. At a
minimum, all commercial projects have to submit a security plan indicating
the following:
(a)
Emergency access routes for police, fire and
ambulance services.
(b)
Architectural techniques utilized to deter various
forms of crime, such as steel doorjambs, alarm systems, security lighting,
elimination of dark alcoves and alleyways, etc.
(c)
Control of common areas in lobbies, malls, office
space and entry points, both indoor and outdoor, indicating the proposed
security system to be utilized.
(d)
Identification of the professional responsible
for formulation of the security plan for the proposed project.
(4)
Fire zones. All commercial facilities shall have the
required fire zones as stipulated by the Egg Harbor City Fire Department.
K.
Project theme or motif. All shopping centers shall
be designed with an overall theme or motif that is stated in narrative
terms and reflected in architectural renderings of the project. The
concept of requiring the development of a theme is to upgrade the
aesthetic qualities of major commercial developments so as to initiate
a spillover value to surrounding land uses.
L.
Market analysis. Any application for a regional planned
shopping center shall be accompanied by a detailed market analysis,
prepared by a qualified economic consultant, which documents the feasibility
of the project and also addresses the probable economic impact on
existing retail sales centers in the vicinity.
Fast-food restaurants are conditionally acceptable
in the Highway Commercial District, as shown on the Schedule of District
Regulations,[1] provided that the following minimum requirements are met:
A.
Minimum requirements.
(1)
(3)
Parking, access/egress, internal circulation and loading
space.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
[Amended 5-12-2016 by Ord. No. 8-2016]
A.
Maximum height and placement requirements for fences, walls and hedges
shall be as follows:
|
Location
|
Maximum Height
(feet)
| |
|---|---|---|
|
Residential Districts
| ||
|
Solid fences shall be prohibited in any front yard
|
0
| |
|
Front yard
|
3
| |
|
Street side yard of corner lot (See definition of "lot line,
front" and "lot line, rear")
|
6 behind the dwelling only
| |
|
Side and rear yards adjacent to residential uses, except that
this limitation shall not apply to living hedges
|
6
| |
|
Side and rear yards adjacent to nonresidential uses and arterials,
except that this limitation shall not apply to living hedges
|
8
| |
|
On a corner lot, and yard within the fence sight triangle which
is measured 30 feet from the edge of road pavement
|
3
| |
|
Nonresidential Districts
| ||
|
On a corner lot, any yard within the sight triangle as established
by the diagrams in Attachment 6
|
3
| |
|
Side and rear yard
|
8
| |
|
Front yard not permitted
|
0
|
B.
The finish side of all fences shall face out.
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989; 7-24-1997 by Ord. No. 7-1997]
A.
Purpose. Pinelands forests are an important cultural,
ecological, scenic and economic resource; sound management of the
forest resource will ensure its sustainability, health and productivity;
forestry is encouraged throughout the municipality as a means to sustain
and protect the natural, cultural and social fabric of the Pinelands.
It is the purpose of this section to ensure that forestry activities
are carried out in such a way as to provide for the long-term maintenance
and sustainability of Pinelands forests and forest resources.
B.
Permit required. No forestry shall be carried out
by any person unless a permit for such activity has been issued by
the City Zoning Officer. Notwithstanding this requirement, no such
permits shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
(2)
Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested from the entire parcel
in any one year.
(3)
Tree planting, provided that the area to be planted
does not exceed five acres in any one year, no soil disturbance occurs
other than that caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4)
Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year.
(5)
Prescribed burning and the clearing and maintaining
of firebreaks.
C.
Forestry application requirements. The information in Subsection C(1) or (2) below shall be submitted to the City Zoning Officer prior to the issuance of any forestry permit:
[Amended 2-9-2012 by Ord. No. 5-2012]
(1)
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
(2)
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject
parcel;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a]
The name, mailing address and telephone number
of the owner of the subject parcel;
[b]
The municipality and county in which the subject
parcel is located;
[c]
The block and lot designation and street address,
if any, of the subject parcel;
[d]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
[3]
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
native forest types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
[a]
The number of acres;
[b]
The general condition and quality of each stand;
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection C(2)(g)[2] above;
[d]
An inventory and map of Pinelands native forest
types with native forest types broken into stands, including information
on type, size and volume by species;
[e]
The age of representative trees;
[f]
The species composition, including overstory, understory,
ground layer structure and composition;
[g]
The stand cohort composition;
[h]
The percent cover;
[i]
The basal area;
[j]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[k]
The condition and species composition of advanced
regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth
rates and volume;
[m]
Projections of intended future stand characteristics
at ten-, twenty- and forty-year intervals;
[n]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[i]
Stand improvement practices;
[ii]
Site preparation practices;
[iii]
Harvesting practices;
[iv]
Regeneration and reforestation practices;
[v]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[vi]
Herbicide treatments;
[vii]
Silvicultural treatment alternatives;
[viii]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[ix]
Implementation instructions; and
[x]
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
[4]
A map of the entire parcel that includes the following:
[a]
The owner's name, address and the date the map
was prepared;
[b]
An arrow designating the north direction;
[c]
A scale that is not smaller than one inch equals
2,000 feet nor larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features, such as
roads, streams and structures;
[f]
The identification of soil types (a separate map
may be used for this purpose);
[g]
A map inset showing the location of the parcel
in relation to the local area;
[h]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet nor larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[i]
A legend defining the symbols appearing on the
map.
(h)
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in § 170-73A(4)(e) and C;
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Article VIII of this chapter;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(9)(b) below;
(k)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(l)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection D below;
(m)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
D.
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
(1)
All forestry activities shall serve to maintain Pinelands native
forest types, including those that are locally characteristic, except
in those stands where other forest types exist.
(2)
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site.
(3)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
(a)
Clear-cutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 170-73A(4)(e) and C. The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I — Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards.
(5)
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section.
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Article VIII of this chapter.
(7)
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic White Cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities.
(8)
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
(9)
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
[1]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection C(2)(j) above;
[2]
Control of competitive plant species is clearly necessary;
[3]
Control of competitive plant species by other, nonchemical means
is not practical;
[4]
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
state and federal requirements; and
[5]
In pine-shrub oak native forest types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak resprouting outside
those areas subject to the herbicide treatment.
(c)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types;
[2]
Disking shall only be permitted in pine-shrub oak native forest
types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
[a]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
[3]
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic White Cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
[4]
It shall follow land contours when slopes are discernible.
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in pine-shrub oak native forest types
or pine plains native forest types;
[2]
When used to establish, restore or regenerate Atlantic White
Cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
Root raking debris shall not be piled in wetlands.
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
(g)
Drum chopping shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
[2]
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic White Cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
[b]
Drums shall remain unfilled when used during the
dormant season;
[c]
Chop up and down the slope on a parcel so the depressions
made by the cleats and chopper blades run parallel to the contour
of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, one-hundred-eighty-degree turns
at the end of each straight pass.
(10)
The following standards shall apply to silvicultural practices
for harvesting:
(a)
Clear-cutting shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types;
[2]
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
[3]
A one-hundred-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any clear
cut and a public road and a two-hundred-foot-wide buffer strip, in
which only periodic pruning and thinning may occur, shall be maintained
between any clear cut and an internal property line;
[4]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clear cut from other twenty-five-acre or larger clear cuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
[5]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
[6]
The area of the parcel subject to the clear cut shall have contoured
edges unless the boundary of the clear cut serves as a firebreak,
in which case straight edges may be used.
(b)
Coppicing shall be permitted in all Pinelands native forest
types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger coppice cut from other twenty-five-acre or larger clear
cuts, coppice cuts and seed tree cuts that occur within a fifteen-year
period. The buffer strip separating two twenty-five-acre harvests
shall be 50 feet in width and, for a larger harvest, shall increase
in width by one foot for each acre of that harvest above 25, to a
maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
[5]
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak, in which case straight edges may be used.
(c)
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger clear
cuts, coppice cuts and seed tree cuts that occur within a fifteen-year
period. The buffer strip separating two twenty-five-acre harvests
shall be 50 feet in width and, for a larger harvest, shall increase
in width by one foot for each acre of that harvest above 25, to a
maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years;
[5]
The area of the parcel subject to the seed tree cut shall have
contoured edges unless the boundary of the seed tree cut serves as
a firebreak, in which case straight edges may be used;
[6]
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
[7]
Residual seed trees shall be distributed evenly throughout the
parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
(11)
The following standards shall apply to silvicultural practices
for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection D(11)(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[1]
The use of nonnative cuttings, seedlings or seeds shall not
be permitted;
[2]
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
[3]
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
[4]
When used in pine plains native forest types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
(12)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(13)
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(14)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
E.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $100.
(2)
Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant, in writing, of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection E(2) above, or within such further time as may be consented to by the applicant, the Land Use Board shall approve the issuance of a forestry permit by the Zoning Officer if the activities proposed in the application comply with the standards in Subsection D above or disapprove any application which does not meet the requirements of Subsection D above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
[Amended 8-28-2014 by Ord. No. 9-2014]
(4)
Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Land Use Board for review. The Land Use Board shall review the revised application to verify conformity with the standards in Subsection D above and shall, within 14 days of receipt of the revised application, authorize the Zoning Officer to issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.
[Amended 8-28-2014 by Ord. No. 9-2014]
(5)
Failure of the Land Use Board to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Land Use Board to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
[Amended 8-28-2014 by Ord. No. 9-2014]
(7)
Forestry permits shall be valid for a period of 10
years. Nothing in this section shall be construed to prohibit any
person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
F.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(3) above, the applicant shall be required to pay a fee as shown on the following fee schedule, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional administrative fees or escrow requirements for the duration of the forestry permit.
[Amended 2-12-1998 by Ord. No. 1-1998]
|
Forestry Permit Fee Schedule
| ||
|---|---|---|
|
Parcel Size
|
Fee
| |
|
Any land leased from Egg Harbor City
|
Exempt
| |
|
Other land, 6 to 19.99 acres
|
$250
| |
|
Other land, 20 or more acres
|
$500
| |
G.
Financial sureties. Nothing in Section F shall prohibit
the Land Use Board from requiring the posting of financial surety
for harvesting activities when recommended by the State Forester or
other designated official, provided that:
[Added 2-12-1998 by Ord. No. 1-98; amended 8-28-2014 by Ord. No. 9-2014]
(1)
The surety shall be for the sole purpose of ensuring
proper performance during the harvesting operation and shall not be
intended to serve as a long-term maintenance guaranty.
(2)
The surety shall not exceed $500 or 10% of the stumpage
value of the wood to be harvested during the duration of any approval
which is granted, whichever is greater.
(3)
The surety shall not be required to be posted for
a period exceeding two years. Nothing in this section shall be construed
to prohibit the municipality from requiring the posting of sureties
for succeeding two-year periods, provided that the requirements of
this section are met.
H.
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations and any surety required in Subsection G has been furnished to the City Clerk.
[Amended 2-12-1998 by Ord. No. 1-1998]
General nursing and convalescent facilities,
other than for mental patients, contagious or infectious diseases
or liquor or drug addicts, shall be conditionally permitted in sewered
areas, provided that the minimum requirements are met as follows:
A.
Minimum requirements.
(1)
Site size. There shall be a minimum site size of three
acres.
(2)
Site width. The minimum width of the site shall not
be less than 300 feet.
(3)
Perimeter setback. A perimeter setback of 35 feet
shall be provided around the entire perimeter of the site. No parking
or accessory buildings may be located within this area. In cases where
the boundaries of the subject use abut a residential district or use,
the perimeter setback shall be increased to 50 feet along the area
abutting the residential district or use.
(4)
Lot coverage. The percentage of the site which may
be covered by all principal and accessory structures shall not exceed
20%.
(5)
Height of structures. Principal structures shall not
exceed 2 1/2 stories or 35 feet. Accessory structures shall not
exceed one story or 15 feet.
(6)
On-site parking. Paved on-site parking facilities
shall be provided as defined in this chapter and as follows:
(a)
One on-site parking space for each staff doctor.
(b)
One on-site parking space for each three nurses
or other full-time employees.
(c)
One parking space for each 10 beds in the medical
complex, except that in complexes of less than 100 beds, a ratio of
one parking space for each two beds may be utilized.
(7)
Distance between buildings. The distance between the
side wall of one principal building and the front, rear or side walls
of any adjoining principal or accessory building shall not be less
than 35 feet.
(8)
Outdoor sitting areas. Outdoor sitting areas for patients
shall be provided which are well-defined by walls, fences, hedges
or other plantings designed to impart a sense of containment or security
and to provide group privacy. Such sitting areas shall be provided
with paved areas of adequate size to provide space for small groups
of wheelchairs and garden furniture.
(9)
Night lighting. Night lighting shall be provided for
the safe and convenient use of streets, driveways, parking areas,
walks, steps and other facilities.
(10)
Landscaping. In addition to the standards set forth in § 170-73, the following landscape elements shall be provided:
(a)
All open areas other than those improved as
or used for parking, loading, group recreation purposes and pedestrian
and vehicular circulation shall be graded, planted, landscaped and
properly maintained. Five percent of the total landscaped area shall
be planted with trees at least eight feet high at the time of planting.
All parking areas shall be screened on their periphery by means of
an evergreen planting, a fence or decorative masonry wall having a
height of 4 1/2 feet.
(b)
Where the subject use abuts a residential district
or where any portion of the rear of the structures is visible from
any nearby street, then the following landscape controls shall apply
to preclude any objectionable view: evergreen trees, a minimum of
four feet, shall be planted in double alternating rows in a strip
of at least 10 feet wide. Such landscaping shall be sufficiently dense
at the time of planting to mask the above-noted portions of the use
from view from the street or adjoining property.
(c)
Existing natural tree cover may be substituted
for the landscape requirements stipulated herein.
[Amended 4-8-1993 by Ord. No. 6-1993]
A.
Purpose. The purpose of this section is to provide
safe, adequate off-street parking for commercial, professional and
residential uses in Egg Harbor City while preserving the traditional
aesthetic visual qualities associated with a rural community.
B.
Applicability. This section shall apply to all off-street
parking areas not associated with a single-family residence or other
permitted or conditional use which requires less than three off-street
parking spaces.
C.
Dimensions.
(1)
Size of parking spaces and loading area. All parking
spaces shall be nine feet by 18 feet in size except as specified below:
(2)
Driveway aisles.
(a)
Driveway aisle width shall be determined by
angle of parking spaces in accordance with the following standards.
|
Parking Angle
(degrees)
|
Driveway Aisle
(feet)
| |
|---|---|---|
|
0
|
12
| |
|
45
|
13
| |
|
60
|
18
| |
|
90
|
24
| |
|
30
|
11
|
(b)
Additional width may be required where the aisle
serves as the principal means of access to on-site buildings or structures.
D.
Landscaping of parking lots.
(1)
A minimum of one two-and-one-half-inch caliper tree
shall be provided for each eight parking spaces or portion thereof.
This requirement may be waived by the Board in the case of wooded
tracts where sufficient trees are maintained.
(2)
A planted landscape strip of a minimum five-foot width
shall be provided along property lines.
E.
Lighting. Lighting standards for parking lots shall
be as follows:
(1)
All lighting shall be designed, oriented and selected
to prevent glare upon surrounding properties or roadways.
(2)
The maximum height for any light standards shall not
exceed the height of the principal building located on the lot up
to a maximum of 45 feet.
(3)
Lighting plans shall be prepared by a licensed architect
or engineer to IES standards.
F.
Signs. Directional signs indicating access and egress
points are permitted, provided that:
(1)
Only one entrance freestanding sign may be erected
at each driveway which provides a means of ingress for the off-street
parking facilities on the premises.
(2)
Such entrance signs shall relate only the name of
the use or facility and appropriate traffic instructions, shall not
exceed 10 square feet in area for each two faces and shall be mounted
so as not to obstruct vision for a height of five feet above ground
level and shall not exceed 11 feet in height.
(3)
In such cases as directional entrance signs are located
within a buffer area, said signs shall not exceed 15 square feet for
each of two faces.
(4)
Such exit signs shall not exceed 10 feet in area,
shall not obstruct vision for a height of three feet above ground
level and shall not exceed 11 feet in height.
(5)
Not more than one exit sign shall be erected in conjunction
with each driveway which provides egress from the premises, which
is located within the required buffer area.
G.
The Schedule of Off-Street Parking Spaces Required
in Any Zone in the City of Egg Harbor City, New Jersey, shall be as
follows:
|
Land Use
|
Number of Spaces
| |
|---|---|---|
|
Auto sales and service
|
5, plus 1 for each full-time employee, plus
2 service bays
| |
|
Community buildings, fraternal and social clubs
and similar uses
|
1 for each 8 members
| |
|
Design shopping centers
|
3 square feet of parking for each 1 square foot
of gross floor area
| |
|
Dwellings
|
2 for each dwelling unit
| |
|
Elementary schools
|
10, plus 3 for each classroom
| |
|
Government administrative offices
|
5 for each 800 square feet of gross floor area
| |
|
High schools
|
25, plus 4 for each classroom
| |
|
Hospitals
|
4 for each 5 beds
| |
|
Hotels, motels, other transient
|
1 1/4 for each unit of occupancy
| |
|
Light-impact industries
|
1 for each 800 square feet of floor area
| |
|
Medical complexes
|
1 for each 3 employees, 1 for each 10 beds and
1 for each doctor
| |
|
Office buildings
|
1 for each 200 square feet of gross floor area
| |
|
Places of worship
|
1 for each 5 seats
| |
|
Professional offices
|
1 for each professional and/or employee, plus
5 for callers
| |
|
Professional offices in homes
|
1 for each professional and other full-time
employee, plus 3 additional
| |
|
Restaurants, bars and commercial entertainment
establishments
|
1 for each 3 seats, including barstools
| |
|
Retail stores, service establish- ments and
professional offices
|
1 square foot of parking for each 1 square foot
of gross floor area
| |
|
Wholesale, warehouse, storage and heavy commercial
establishments
|
1 square foot of parking for each 1 square foot
of net service or office space
| |
|
All other nonresidential uses
|
1 for each 200 square feet of gross floor area
|
H.
The Schedule of Off-Street Loading Spaces Required
in the City of Egg Harbor City, New Jersey, shall be as follows:
|
Land Use
|
Number of Spaces Required
| ||
|---|---|---|---|
|
Heavy commercial (square feet)
| |||
|
10,000 to 20,000
|
1
| ||
|
20,000 to 30,000
|
2
| ||
|
30,000 to 40,000
|
3
| ||
|
Hospitals
|
1 for each 50 beds
| ||
|
Retail stores
|
1 for each establishment
| ||
|
Schools
|
1
| ||
|
Undertakers
|
1 for each 5,000 square feet of gross floor
area
| ||
|
Wholesale, storage and distributive and other
industrial establishments
|
1 for each
| ||
[Amended 12-11-1986 by Ord. No. 15-1986; 4-6-1989 by Ord. No. 5-1989]
A.
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 B below, every parcel of land in the PA 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 Pinelands Regional Growth Area. Pinelands development credits may also be allocated to certain properties in the City by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et. seq.
[Amended 5-13-1993 by Ord. No. 8-1993]
B.
Pinelands development credits are hereby established
at the following ratios in the PA District and that portion of the
WL District which is located in the Pinelands Preservation Area:
(1)
Uplands which are undisturbed but currently or previously
approved for resource extraction pursuant to this chapter: two Pinelands
development credits per 39 acres.
[Amended 7-24-1997 by Ord. No. 7-1997]
(2)
Uplands which are mined as a result of a resource
extraction permit approved pursuant to this chapter: zero Pinelands
development credits per 39 acres.
(3)
Other uplands: one Pinelands development credit per
39 acres.
(4)
Wetlands: 0.2 Pinelands development credit per 39
acres.
C.
The allocations established in Subsection B above shall be reduced as follows:
[Amended 8-17-1989 by Ord. No. 13-1989; 3-14-1991 by Ord. No. 1-1991]
(1)
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.
(2)
The Pinelands development credit entitlement of a
parcel of land shall be reduced by 1/4 Pinelands development credit
for each existing dwelling unit on the property.
(3)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 1/4 Pinelands development credit for each reserved right to build a dwelling on the parcel retained by the owner of the property pursuant to Subsection G below or when a variance for cultural housing is approved by the City pursuant to § 170-95C.
[Amended 5-13-1993 by Ord. No. 8-1993]
(4)
The PDC entitlement for a parcel of land shall also
be reduced by 1/4 PDCs for each dwelling unit approved pursuant to
N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted
by the Pinelands Commission.
[Added 5-13-1993 by Ord. No. 8-1993]
D.
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 B above.
E.
Notwithstanding the provisions above, the owner of record of 1/10 or greater acres of land in the PA District or that portion of the WL District which is located in the Pinelands Preservation Area as of February 7, 1979, shall be entitled to 1/4 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this section shall also apply to owners of record of less than 1/10 acres of land in the PA District or that portion of the WL District which is located in the Pinelands Preservation Area as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 1/10 of an acre.
[Amended 3-14-1991 by Ord. No. 1-1991; 7-24-1997 by Ord. No.
7-1997]
F.
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 Certificate from the New Jersey Pinelands Development Credit
Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted and use of
the land in perpetuity to those uses set forth in Section H below
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.
[Amended 7-24-1997 by Ord. No. 7-1997]
G.
Notwithstanding the provision of Subsection F above, 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 the same and that the total allocation of Pinelands development credits for that property is reduced by 1/4 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.
[Amended 3-14-1991 by Ord. No. 1-1991]
H.
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. 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 in the PA District and
that portion of the WL District which is located in the Pinelands
Preservation Area: berry agriculture; horticulture of native Pinelands
plants; forestry; beekeeping; fish and wildlife management; wetlands
management; 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; and accessory uses. In all other
Pinelands zoning districts: agriculture; forestry; and low-intensity
recreational uses.
[Amended 5-13-1993 by Ord. No. 8-1993; 2-9-2012 by Ord. No. 5-2012; 11-8-2018 by Ord. No. 14-2018]
I.
Use of Pinelands development credits. Pinelands development
credits shall be used in the following manner:
[Added 5-13-1993 by Ord. No. 8-1993]
(1)
When a variance of density or minimum lot area requirements
for a residential or principal nonresidential use in the R-22, R-11,
R-9, R-6, R3.2, H-C or IND Zones is granted by the City. Pinelands
development credits shall be used for all dwelling units or lots in
excess of that permitted without the variance.
[Amended 7-24-1997 by Ord. No. 7-1997]
(2)
When a variance for cultural housing is granted by the City in accordance with § 170-95C of this chapter.
(3)
When a waiver of strict compliance is granted by the
Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
J.
In no case shall a building or construction permit
be issued for any development involving the use of Pinelands development
credits until the developer has provided the Pinelands Commission
and the City with evidence of his/her ownership of the requisite Pinelands
development credits and those Pinelands development credits have been
redeemed with the City.
[Added 5-13-1993 by Ord. No. 8-1993]
A.
Places of worship shall be permitted in all residential
districts except the PA District, provided that in the R-20F District,
the following controls shall apply:
(1)
In the R-20F District, places of worship shall be
permitted, provided that:
(a)
The use does not require or will not generate
subsidiary or satellite development in the PA or R-20F District.
(b)
The applicant has demonstrated that adequate
public service infrastructure will be available to serve the use.
(c)
The use is primarily designed to serve the needs
of the R-20F District in which the use is located.
B.
Minimum requirements.
(2)
Maximum allowable height. A place of worship may be
built to a maximum height of 45 feet, provided that the number of
stories at any point along the periphery of such building shall not
exceed two stories or 35 feet.
(3)
Distance of building from property line other than
street lines. No building or part thereof shall be erected nearer
than a distance equal to 1 1/2 times the height of such building
to any property line other than a street line.
(4)
Building coverage as a percentage of lot area. All
accessory buildings shall be located on the same lot as the principal
buildings, and the sum of all areas covered by all principal and accessory
buildings shall not exceed 30% of the area of the lot.
(5)
Landscaping.
(a)
In all cases where the subject building abuts
any property line other than a street line, there shall be a landscaped
buffer strip of at least 10 feet in depth. Such buffer area shall
be planted with evergreen trees in double alternating rows and shrubs
which substantially screen, at the time of planting, one area from
the other. Such evergreen trees shall be a minimum height of four
feet at time of planting. The front and side areas of the building
site, exclusive of walks and driveways, shall be landscaped with trees
and shrubs if no natural tree cover exists.
(6)
Parking. There shall be one off-street paved parking
space for every five seats in the church auditorium. No off-street
parking shall be allowed in the front or side yard areas of the lot.
The perimeter of each parking area shall be landscaped with evergreen
shrubs and trees to substantially screen this area from view.
(7)
Exterior signs. Each place of worship shall be permitted
to maintain an exterior bulletin board with an area of not more than
10 square feet.
[Amended 6-11-2015 by Ord. No. 9-2015]
Private swimming pools intended for use of the
building residents shall be permitted, provided that:
A.
The fenced edge of the pool shall be, at a minimum,
five feet from all property lines.
B.
All swimming pool barriers must meet the requirements
of the International Residential Code, New Jersey Edition, Section
AG105, of the adopted year prescribed, and must be approved by the
construction official.
C.
Pool lighting shall be designed and located to prevent
glare on contiguous properties.
Professional offices, for one professional,
shall be permitted as an accessory use to a residential dwelling,
provided that:
A.
The professional use shall be clearly incidental to
the residential use of the dwelling unit and shall not change the
essential residential character of the dwelling.
B.
The professional use shall not constitute more than
30% of the building's floor area.
C.
The office shall be for the exclusive use of the professional
who resides on the premises and not more than two employees.
D.
No external alteration inconsistent with the residential
use of the dwelling unit shall be permitted.
E.
No storage of materials or products shall be permitted
outside the dwelling unit and that no display or products shall be
visible from outside the building.
F.
No more than one nameplate or sign of two square feet
or less shall be permitted. Such sign may be attached to the residence
or may be mounted on a sign post. Such freestanding sign shall:
G.
There shall be one off-street parking space for the
professional and each employee, plus one additional space.
H.
Where on-site septic or alternate treatment systems are used, professional offices must meet the two-parts-per-million groundwater standard established by the Pinelands Commission as set forth in § 170-43.[1]
[1]
Editor's Note: Original § 31-43.
Alternate septic systems for residential use, was repealed 4-6-1989
by Ord. No. 5-1989.
A.
Public utility substations may be permitted in any
zone, provided that:
(1)
Such facilities shall be subject to the zoning requirements
for that district as land area, setback, side yards, building height
and landscaping.
(2)
If such facilities are placed in a residential zone,
their architectural character shall be residential in nature and shall
blend in harmoniously with the surrounding area.
(3)
The subject facilities shall not be open to the general
public.
(4)
Such facilities shall be necessary to service the
surrounding areas.
(5)
No permanent storage of material or surplus equipment,
except for replacement of functional equipment within the subject
building, shall be permitted in the building or on the lot.
(6)
Local communications facilities shall:
[Added 7-24-1997 by Ord. No. 7-1997]
(a)
Comply with the standards of N.J.A.C. 7:50-5.4.
(b)
Be located on existing buildings or structures
to the maximum extent practical.
(c)
Applications for development of new structures
for the placement of local communications facilities shall provide
documentation demonstrating that the proposed local communication
facility cannot be collocated on an existing building, structure or
tower.
(d)
New structures for the placement of local communications
facilities shall be designed to allow the collocation of additional
local communication facilities.
B.
Public service infrastructure is permitted in all
districts, with the following limitations:
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989; 7-24-1997 by Ord. No. 7-1997]
(1)
In the PA District, only that public infrastructure which is necessary to serve the needs of the PA District residents is permitted. Centralized wastewater treatment and collection facilities shall be permitted only in accordance with § 170-53B(2).
(2)
In the R-20F District, only that public service infrastructure which is intended to primarily serve the needs of the Pinelands is permitted. Centralized wastewater treatment and collection facilities shall be permitted only in accordance with § 170-53B(2).
C.
Location of infrastructure.
(1)
New utility distribution lines and telephone lines
to locations not presently served by utilities shall be placed underground,
except for those lines which are located on or adjacent to active
agricultural operations.
(2)
All electric utility transmission lines shall be located
on existing towers or underground to the maximum extent practical.
Retail shops or stores engaging in the limited
fabrication or processing of goods shall be permitted in the Highway
Commercial and Retail Commercial Districts, subject to the following
controls:
A.
All goods or products fabricated or processed incidental
to such use shall be sold from the retail outlet on the premises.
Such retail outlet shall embody at least 25% of the building.
B.
Such fabricating or processing as is done on the premises
shall be carried out in a fully enclosed structure and shall be initiated
in such a manner so as not to generate harmful or unpleasant odors,
fumes, smoke, vapors, gases or other air pollutants, vibrations, noise,
glare or any other deleterious by-products of the operation beyond
the confines of the structure.
C.
Such fabricating or processing shall be confined to
the first floor and basement of the premises. In addition, no supplies,
materials or goods shall be stored out of doors.
D.
Paved off-street parking facilities. Paved off-street
parking facilities shall be provided at the rate of one space for
every full-time employee, plus one square foot of off-street parking
space for every one square foot of net retail commercial space.
E.
Off-street loading facilities. For the first 10,000
square feet or fraction thereof of retail commercial space, there
shall be provided one paved, clearly marked, on-site loading space
contiguous to the rear of the structure. Such space shall be at least
14 feet by 35 feet, exclusive of aisles, driveways or passageways.
Notwithstanding any other provision contained
in this chapter, schools, whether public or private, shall be permitted
in all but the PA District, provided that:
A.
Any school permitted under this section shall be a
nonprofit organization within the meaning of the Internal Revenue
Act and registered effectively as such thereunder.
B.
Such school shall have as its prime purpose the general
education of students in the arts and sciences and shall be licensed
by the New Jersey State Board of Education, if license for its operation
is required by law.
C.
The minimum lot area shall be five acres, plus one
acre for each 100 pupils for whom the school is designed.
D.
Any other provision contained in this chapter notwithstanding,
no school building or part thereof shall be erected nearer than a
distance equal to three times the height of such building to any property
line other than a street line.
E.
All accessory buildings shall be located on the same
lot as the principal buildings, and the sum of all areas covered by
all principal and accessory buildings shall not exceed 30% of the
area of the lot.
F.
On-site parking facilities, as defined in this chapter,
shall be provided at the following ratio: 10 spaces, plus three per
classroom.
G.
No school permitted hereunder shall be a trade school,
except to the extent that it is part of the public education process.
H.
In the R-20F District, schools are permitted, provided
that:
(1)
The use does not require or will not generate subsidiary
or satellite development in the PA or R-20F District.
(2)
The applicant has demonstrated that adequate public
service infrastructure will be available to serve the use.
(3)
The use is primarily designed to serve the needs of
the R-20F District in which the use is to be located.
A.
Purpose. This section provides building setback guidelines
for the following areas:
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989]
(1)
Except for those roads which provide for internal
circulation within residentially developed areas, all public paved
roads in the PA and R-20F Districts of Egg Harbor City (all paved
public roads situated between the Egg Harbor City Lake and the Mullica
River) shall be considered scenic corridors.
B.
Minimum building setbacks. Except as provided in this
section, no permit shall be issued for development on a scenic corridor
other than for agricultural product sales establishments unless the
applicant demonstrates that all buildings are set back at least 200
feet from the center line of the scenic corridor.
C.
Exceptions from scenic corridor setbacks.
(1)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands or active agricultural operation, the building shall be set back as close to 200 feet as practical, and the site shall be landscaped in accordance with § 170-73 so as to provide screening from the corridor.
(2)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with § 170-73 so as to provide screening between the building and the corridor.
D.
Special scenic corridors. The Mullica River is hereby
designated to be a wild and scenic river and scenic corridor of special
significance to the Pinelands. All structures within 1,000 feet of
the center line of this river shall be designed to avoid visual impacts
as viewed from the river.
A.
In a Retail Commercial District, on-site commercial
advertising signs shall be permitted, provided that:
(1)
Not more than one wall sign shall be permitted for
each tenant on the premises on each wall fronting on the street. Not
more than one canopy sign shall be permitted for each tenant. Not
more than one projecting sign shall be permitted per building.
[Amended 3-15-1990 by Ord. No. 5-1990]
(2)
The aggregate area of a wall sign shall not exceed
two square feet for each foot of building frontage nor a total aggregate
area of 40 square feet. Canopy signs shall not exceed an area of five
square feet. Projecting signs shall not exceed 16 square feet.
[Amended 3-15-1990 by Ord. No. 5-1990]
(3)
No wall sign shall exceed two feet in height. No canopy
sign shall exceed one foot in height.
(4)
Projections.
[Amended 3-15-1990 by Ord. No. 5-1990]
(a)
Wall signs shall be applied flat against a wall
and shall not project beyond the side or top of the wall to which
it is affixed, nor shall such signs project more than 14 inches from
the front wall. Canopy signs shall be appended to the underside of
an overhang or canopy, provided that such sign shall not project beyond
the outer edge of the overhang or canopy to which it is attached nor
extend downward any closer than 10 feet to ground level.
(b)
All projecting signs shall be supported from
the wall or vertical support in accordance with the standards and
regulations of the Egg Harbor City Building Code, including the Electrical
Code.[1] No projecting sign shall extend more than six feet from
the wall nor shall be nearer the curbline more than two feet. Projecting
signs shall project from the wall at an angle of 90° and shall
not project from any building corner. No part of any projecting sign
shall extend lower than 10 feet above grade. The maximum height permitted
for a projecting sign shall be 20 feet or no higher than the roof
cave or second floor windowsill, whichever is less.
(5)
All bare incandescent light sources, but not including
neon lights, and their immediately adjacent reflecting surfaces shall
be shielded from view. Flashing, moving, intermittently moving and
illuminated signs, reflecting signs or luminous signs and/or advertising
devices shall be prohibited.
(6)
No temporary signs made of paper, cardboard, canvas
or similar material, other than a sign advertising a sale on the premises
or the sale or rent of the premises on which the sign is located,
shall be permitted except inside the building. A temporary sign permit
shall be required.
(7)
No sign or advertising sign shall be placed on the
roof of any building.
(8)
A grouping of letters, individually affixed to constitute
a sign, shall be permitted subject to the preceding controls for signs.
(9)
Projecting signs shall not be permitted where a commercial
use abuts a residential zoning district.
[Added 3-15-1990 by Ord. No. 5-1990]
B.
In a Highway Commercial District, on-site commercial
advertising signs shall be permitted, subject to the sign regulations
above for Retail Commercial Districts, except that projecting signs
are not permitted and the following signs shall also be permitted:
[Amended 3-15-1990 by Ord. No. 5-1990]
(1)
For new and used car sales and service establishments
and design shopping centers, there shall be permitted no more than
one identification sign for each street bordering such establishments;
provided, however, that no identification signs shall be located facing
on a residential service street. The total area or size of each of
said identification signs shall not exceed 125 square feet. Such signs
shall be mounted no higher than 35 feet, measured from ground level
to the top of the sign. All such signs shall be set back at least
20 feet from any property line.
(2)
Signs identifying individual stores or establishments
in the shopping center shall be as follows:
(a)
Not more than one sign shall be permitted, for
each tenant on the premises, on each wall fronting a street.
(b)
The aggregate area of all signs shall not exceed
one square foot for each linear foot of building frontage, but not
to exceed a total aggregate area of 25 square feet for establishments
or stores with frontage of 100 feet or more.
(c)
No sign shall exceed two feet in height.
(d)
Signs shall be applied flat against a wall and
shall not project beyond the side or top of the wall to which it is
affixed, nor shall such signs project more than 14 inches perpendicular
from the surface of said wall; provided, however, that a sign may
be appended to the underside of an overhang or canopy, provided that
such sign shall not project beyond the outer edge of the overhang
or canopy to which it is attached nor extend downward any closer than
10 feet to the ground level, shall have an area or size no greater
than five square feet, shall not exceed one foot in height and shall
be of uniform color and lettering throughout the entire shopping center
development.
(e)
One sign identifying either the shopping center
or its tenant shall be permitted subject to the following controls:
[1]
The aggregate area of the sign shall not exceed
50 square feet.
[2]
No sign shall exceed 35 feet in height.
[3]
Signs shall be set back 20 feet from any property
line.
[4]
Signs shall be illuminated either internally
or by indirect lighting which must be shielded to prevent glare onto
adjoining use. Flashing, moving and illuminated signs, reflecting
signs or luminous signs and/or luminous signs and/or advertising devices
shall be prohibited.
[5]
The base of the sign shall be landscaped to
the satisfaction of the City Planner and Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
C.
In industrial districts in the City of Egg Harbor
City, facility identification signs shall be permitted subject to
the following controls:
(1)
Wall signs are permitted, provided that:
(a)
There is only one sign for each wall where such
sign is permitted.
(b)
The sign on a building wall shall not exceed
two square feet per linear foot of wall, and in no case a total of
150 square feet.
(c)
The sign does not extend beyond the sides, roof
or any other element of the wall to which it is affixed.
(2)
Detached or ground signs, advertising only the business
conducted on the premises upon which the sign is located, are permitted,
provided that:
(a)
There shall be only one such sign on the premises.
(b)
Such sign shall not exceed 50 square feet in
area or eight feet in height from the main level of the ground.
(c)
Such sign shall be located not less than 35
feet from any property line, nor shall it block the visibility of
any traffic access or egress point.
(d)
Such sign may be doubled-faced.
(3)
The following additional restrictions shall apply
to all uses of land in the Industrial Business Park District.
(a)
No tower signs, as defined in this chapter,
are permitted.
(b)
No exposed neon signs and no flashing, moving,
intermittently illuminated signs, reflection signs or signs painted
in luminous materials that glow in the dark are permitted.
(c)
No outdoor storage of goods in connection with
any signs or advertising devices shall be permitted.
D.
In all zoning districts, the following sign types
shall be permitted, subject to the controls listed:
(1)
Nameplate signs. Nameplate signs, provided that such
signs are limited to no more than one wall, projecting or ground sign
per occupancy, are no more than one square foot in area and are illuminated
only by an indirect source of light. No projecting sign shall extend
more than six inches from the face of a wall. No ground sign shall
be higher than three feet.
(2)
Construction signs. Construction signs, provided that
such signs are limited to no more than one wall or ground sign per
zoning lot, are no more than 20 square feet in area, are illuminated
only by an indirect source of light and are maintained for no more
than 14 days following the conclusion of the construction in question.
(3)
Real estate signs. Real estate signs, provided that
such signs are limited to no more than one wall or ground sign per
lot, are not more than two square feet in area per residential lot
or four square feet in area per nonresidential lot and are removed
within seven days following the sale or rental of the property. The
name, address and telephone number of the person responsible for such
removal shall be marked on the sign.
(4)
Private sale and event signs. Private sale and event
signs, provided that such signs are no more than four square feet
in area, are located entirely on the premises where such sale or event
is to be conducted or on other private property pursuant to the owner's
consent, are clearly marked with the name, address and telephone number
of the person responsible for the removal of such sign, are erected
not more than 12 hours in advance of such sale or 45 hours in advance
of such event and are removed on the day following the conclusion
of such sale or event.
(5)
Home occupation signs. Home occupation signs, provided
that such signs are limited to no more than one wall sign per occupancy,
are no more than one square foot in area and are not lighted.
(6)
Official public safety and information signs displaying
road names, numbers and safety directions.
(7)
Trespassing signs or signs indicating the private
nature of a road, driveway or premises and signs prohibiting or otherwise
controlling fishing or hunting, provided that such sign does not exceed
two square feet. A maximum of one sign shall be placed at each property
entrance, and signs placed on property lines shall be spaced at least
100 feet apart.
(8)
Changeable copy signs or electronic message center (EMC) signs shall
be permitted only in the Retail Commercial, Highway Commercial and
Industrial Zoning Districts. If a denial is issued by the Zoning Officer,
the applicant shall reserve the right to appeal said decision to the
Land Use Board.
[Added 2-9-2017 by Ord.
No. 2-2017]
(a)
A changeable-copy sign for the purpose of this article is a
sign with the capability of content change by means of manual or remote
input and includes the following types:
[1]
Manually activated: changeable sign whose message copy or content
can be changed manually on a display surface.
[2]
Electronically activated: changeable sign whose message copy
or content can be changed by means of remote electrically energized
on-off switching combinations of alphabetic or pictographic components
arranged on a display surface. Illumination may be integral to the
components, such as characterized by lamps or other light-emitting
devices; or may be from an external light source designed to reflect
off the changeable component display such as an electronic message
center (EMC) sign.
(b)
An EMC sign for the purpose of this article is an electronically
activated changeable-copy sign whose variable message and/or graphic
presentation capability can be electronically programmed by a computer
from a remote location. EMC signs typically use light-emitting diodes
(LEDs) as a lighting source.
(c)
Where permitted, changeable-copy or EMC sign areas shall be
in accordance with the standards as noted in said district.
(d)
A changeable-copy EMC sign may be all or a portion of the total
permitted sign area.
(e)
A changeable-copy or EMC sign shall not be used for any off-site
advertising or messages, other than public service information approved
by the City.
(f)
Changeable-copy or EMC signs, where permitted, shall not obstruct
traffic visibility, become a distraction to drivers or traffic hazard.
(g)
Specific standards for electronic message center (EMC) signs.
[1]
All EMC signs shall have automatic dimming controls, via photo
cell or software settings, that adjust the light emitted by the sign
during ambient low-light conditions and night so that it is compliant
with the sign illumination standards allowed herein.
[2]
EMC signs shall have a minimum display time of eight seconds.
These transitions may use fade, dissolve and/or other transition effects
except those listed as prohibited in this article.
[3]
All illuminated signs must comply with a maximum luminance level
of 750 cd/m2 or nits at least 1/2 hour
before apparent sunset as determined by the National Oceanic and Atmospheric
Administration (NOAA), United States Department of Commerce, for the
City's geographic location and date. All illuminated signs may resume
luminance levels appropriate for daylight conditions at the apparent
sunrise, as determined by the NOAA.
[4]
Prior to the issuance of a permit for a changeable-copy or EMC
sign, the applicant shall provide written certification from the sign
manufacturer that the light intensity has been factory preset not
to exceed the levels specified above.
[5]
The following EMC display features and functions are prohibited:
continuous scrolling and/or traveling, flashing, blinking, twinkling,
spinning, rotating, and similar moving effects.
[6]
All electrical equipment on a newly constructed EMC sign shall
be UL listed and labeled.
[7]
All power to an EMC sign shall be supplied via underground carrier,
inside approved conduit and shall be installed in accordance with
the National Electric Code.
[8]
EMC signs shall be properly maintained so that inoperative or
improperly lighted bulbs do not impair the appearance and legibility
of the sign. When malfunctioning, all EMC signs must then be turned
off or display a blank screen.
E.
Commercial advertising signs (off-site).
[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No.
7-1997]
(1)
No outdoor, off-site commercial advertising signs
shall be permitted, except that:
F.
Signs prohibited in all districts.
[Amended 2-9-2017 by Ord.
No. 2-2017]
(1)
No sign, other than a warning or safety sign, which is designed or
intended to attract attention by sudden, intermittent or rhythmic
movement or a physical or lighting change shall be permitted. This
provision shall not apply to a changeable-copy sign or EMC sign.
(2)
No sign, other than a warning or safety sign, which changes physical
position by any movement or rotation or which gives the visual impression
of such movement or rotation shall be permitted. This provision shall
not apply to a changeable-copy sign or EMC sign.
G.
Sign construction. To the maximum extent practical,
the character and composition of construction materials for all signs
shall be harmonious with the scenic values of the Pinelands.
A.
Purpose. The purpose of this section is to provide developers seeking to build in the R-3.2 District the opportunity to incorporate efficient site design alternatives. The intent herein is to maintain the density and water quality standards of § 170-53B(4) while allowing construction of residential units on lots of less than 3.2 acres by deed restricting common open space areas. As a further incentive, development of lots less than one acre in area may be permitted, provided that the developer participates in a municipally sponsored sewer extension project.
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989]
B.
C.
D.
Parking. A minimum of two off-street parking spaces
per dwelling unit shall be provided.
E.
Landscaping.
(1)
All areas not covered by roadways, pedestrian walkways,
parking areas, etc., shall be landscaped with natural materials according
to a landscaping plan submitted as part of the site plan application
process.
(2)
Minimum requirements (Note: For plantings in the front
yard area).
(3)
Special landscaping emphasis.
(a)
Privacy areas. Patios, porches and similar areas
shall be landscaped with screen, canopy and ornamental plantings.
(b)
Wildlife habitat. Landscaping will be used to
protect the habitat value of undeveloped open space and to supplement
that habitat through the use of plant material selected to satisfy
the needs of the human population while providing food and shelter
for bird and small game species.
(c)
Utility fixtures, such as heat pumps, etc.,
shall be screened with a combination of fencing and landscaping.
(d)
Energy conservation. Landscape plantings throughout
the site shall be utilized to provide buildings with summer shade
canopies, maximum solar exposure in the winter, windbreaks, etc.
(4)
Buffers.
(a)
A minimum three-hundred-foot buffer shall be
maintained between any wetland areas on or adjacent to the development
site and any residential development. Hiking or horseback trails or
other similar low-intensity uses shall be permitted in the buffer
area, provided that these facilities are not located any closer than
50 feet to a wetlands area and native grasses are used.
(b)
A minimum thirty-five-foot-wide buffer shall
be provided between any cluster development with reverse frontage
lots and any major or minor artery bordering the site. This buffer
shall consist of existing vegetation, which may be supplemented with
additional evergreen plantings, if so required by the Land Use Board.
[Amended 10-26-2006 by Ord. No. 16-2006; 12-14-2006 by Ord. No. 27-2006; 8-28-2014 by Ord. No. 9-2014]
F.
Lighting. A lighting plan shall be submitted as part of the site plan application. The lighting plan shall conform, at a minimum, to the lighting requirements set forth in Article V of this chapter. In addition, lighting plans for community buildings, play areas and project identification signs shall be submitted.[1]
[1]
Editor's Note: Former Subsection G, which
followed and required an environmental impact statement, was deleted
8-26-1999 by Ord. No. 16-1999).
G.
Common open space areas. All common areas shall be
deed restricted as open space. A copy of the deed restriction must
be submitted to the Land Use Board Solicitor for review prior to final
site plan approval. In cluster developments using on-site wastewater
treatment, deed restriction documents may include a reverter clause
allowing for the future development of portions of the common open
space when the development is connected into a central sewage collection
system.
[Added 4-6-1989 by Ord. No. 5-1989;
amended 8-28-2014 by Ord. No. 9-2014]
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989]
A.
Vegetation and landscaping.
(1)
All clearing and soil-disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
(2)
Where practical, all clearing and soil-disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resources extraction, shall:
(3)
All applications for development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.
(4)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection A(3) above or required pursuant to § 170-31A(1)(t) shall incorporate the following elements:
(a)
The limits of clearing shall be identified.
(b)
Existing vegetation, including New Jersey's
Record Trees, as published by the New Jersey Department of Environmental
Protection in 1991 and periodically updated, shall be incorporated
into the landscape design where practical.
(c)
Permanent lawn or turf areas shall be limited
to those specifically intended for active human use, such as play
fields, golf courses and lawns associated with a residence or other
principal nonresidential use. Existing wooded areas shall not be cleared
and converted to lawns except when directly associated with and adjacent
to a proposed structure.
(d)
Except for the area delineated on Figure 21-1,[1] shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall
be used for revegetation or landscaping purposes. Other shrubs and
trees may be used in the following circumstances:
[1]
When the parcel to be developed or its environs
contain a predominance of shrubs and tree species not authorized by
N.J.A.C. 7:50-6.25;
[2]
For limited ornamental purposes around buildings
and other structures; or
[3]
When limited use of other shrubs or tree species
is required for proper screening or buffering.
[1]
Editor's Note: Figure 21-1 is located at the
end of this chapter.
(e)
Development prohibited in the vicinity of threatened
or endangered plants. No development shall be carried out by any person
in Egg Harbor City unless it is designed to avoid irreversible adverse
impacts on the survival of any local populations of threatened or
endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
B.
Fish and wildlife.
(1)
Protection of threatened or endangered wildlife required.
No development shall be carried out in Egg Harbor City unless it is
designed to avoid irreversible adverse impacts on habitats that are
critical to the survival of any local populations of those threatened
or endangered animal species designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
(2)
Protection of wildlife habitat. All development or
other authorized activity shall be carried out in a manner which avoids
disturbance to distinct fish and wildlife habitats that are essential
to the continued nesting, resting, breeding and feeding of significant
populations of fish and wildlife in the Pinelands.
C.
Fire management.
(1)
The following vegetation classifications shall be
used in determining the fire hazard of a parcel of land:
|
Hazard
|
Vegetation Type
| |
|---|---|---|
|
Low
|
Atlantic white cedar Hardwood swamps
| |
|
Moderate
|
Non-Pine-Barrens forest Prescribed burned areas
| |
|
High
|
Pine Barrens forest, including mature forms
of pine, pine-oak or oak-pine
| |
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine,
all classes of pine-scrub oak and pine-lowland, pine-oak or oak-pine
|
(2)
No development shall be carried out in the Pinelands Area north of Duerer Street in vegetated areas which are classified as moderate-, high- or extreme-hazard under the fire-hazard classification set out in Subsection B(1) above unless such development complies with the following standards:
(a)
All proposed developments, or units or sections
thereof, of 25 dwelling units or more will have two accessways of
a width and surface composition sufficient to accommodate and support
fire-fighting equipment.
(b)
All dead-end roads will terminate in a manner
which provides safe and efficient entry and exit for fire equipment.
(c)
The rights-of-way of all roads will be maintained
so that they provide an effective firebreak.
(d)
A fire-hazard fuel break is provided around
structures proposed for human use by the selective removal or thinning
of trees, bushes, shrubs and ground cover as follows:
|
Hazard Area
|
Minimum Fuel Break1
(feet)
| |
|---|---|---|
|
Moderate
|
30
| |
|
High
|
75
| |
|
Extreme
|
100
| |
|
NOTES:
| ||
|
1 Measured outward
from the structure.
| ||
(3)
A fuel break shall consist of shrubs, understory trees
and bushes and ground cover being selectively removed, mowed or pruned
on an annual basis and all dead plant material being removed. In extreme-hazard
areas, no pine tree (Pinus genus) is to be within 25 feet of another
pine tree.
(4)
All residential development of 100 dwelling units
or more in high- or extreme-high-hazard areas will have a two-hundred-foot-perimeter
fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees and bushes and ground
cover are selectively removed, mowed or pruned and maintained on an
annual basis.
(b)
All dead plant material is removed.
(c)
Roads, rights-of-way, wetlands and waste disposal
sites shall be used as firebreaks to the maximum extent practical.
(d)
There is a specific program for maintenance.
(5)
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant
materials, such as asphalt-rag-felt roofing, tile, slate, asbestos-cement
shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood
shingles or shake-type roofs are prohibited in high or extreme fire
hazard areas.
(b)
All projections, such as balconies, decks and
roof gables, shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals.
(c)
Any openings in the roof, attic and floor shall
be screened.
(d)
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets.
(e)
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
D.
Tree preservation techniques.
(1)
The preservation of existing trees on a development
site shall be a primary component of the landscape plan submitted
for that project.
(2)
The attached drawings indicate the methods to be incorporated
for protecting designated trees during and after construction.
(3)
The developer shall clearly mark on the site plan
and landscape plan the trees which are to be preserved.
(4)
The developer shall mark trees to be preserved on
the site with blaze orange engineering type on the trunk, six to eight
feet from the base of the trunk.
E.
In those areas designated as being exempted from vegetation
removal requirements on Figure 21-1,[2] all development shall be required to provide the following
minimum percentages of native Pinelands trees and shrubs based on
the use and location:
[Added 4-6-1989 by Ord. No. 5-1989]
(1)
All uses southwest of Duerer Street: 0% minimum.
(2)
Residential uses, northeast of Duerer Street, South
of Moss Mill: 25% minimum canopy and buffer trees, 25% minimum shrubs.
(3)
Industrial and commercial uses northeast of Duerer
Street, 75% minimum canopy trees, 25% minimum buffer trees and 50%
minimum of shrubs.
(4)
Residential north of Moss Mill: 75% minimum canopy
trees, 50% buffer trees and 50% shrubs.
[2]
Editor's Note: Figure 21-1 is located at the
end of this chapter.
[Amended 4-6-1989 by Ord. No. 5-1989; 5-13-1993 by Ord. No.
8-1993]
A.
Uses. No development in the Pinelands Area shall be
permitted in a wetland or wetlands transition area except for the
following uses:
(1)
Horticulture of native Pinelands species.
(2)
Berry agriculture.
(3)
Beekeeping.
(4)
Forestry, in accordance with the requirements of this
chapter.
(5)
Fish and wildlife activities and wetlands management
in accordance with N.J.A.C. 7:50-6.10.
[Amended 2-9-2012 by Ord. No. 5-2012]
(6)
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming, and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B below.
[Amended 4-6-1989 by Ord. No. 5-1989]
(7)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B hereof.
(8)
Commercial public docks, piers, moorings and boat
launches shall be permitted, provided that:
(9)
Bridges, roads, trails and utility transmission and
distribution facilities and other similar linear facilities, provided
that:
(a)
There is no feasible alternative route (or site)
for the facility that does not involve development in a wetlands or,
if none, that another feasible route (or site) on wetlands does not
exist.
(b)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof.
(c)
The use represents a need which overrides the
importance of protecting the wetland.
(d)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland.
(e)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
B.
Wetlands buffers.
(1)
No development, except for those uses which are specifically authorized in the zoning district regulations for the Wetlands District, shall be carried out within 300 feet of any wetlands except as noted below, unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland as set forth in Subsection B(2) below.
(a)
In the section of the City located between Atlantic
Avenue and Duerer Street, setbacks from wetlands areas will be determined
on a case-by-case basis.
(b)
In all other areas of the City, when the applicant
can prove that a hardship exists due to surrounding development, unusual
lot size, topographic conditions or other similar circumstances which
prevent development.
(c)
When the applicant has obtained a waiver from
the Pinelands Commission, the City will accept that waiver.
(2)
A significant adverse impact shall be deemed to exist
where it is determined that one or more of the following modifications
of a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components, including but not limited
to threatened or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging
into a wetland.
(b)
A change in the normal seasonal flow patterns
in the wetlands.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased
sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground
or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
[Added 4-22-2021 by Ord. No. 5-2021]
A.
A rooming house or boarding house operating as a non-Oxford House model recovery home is a conditional use permitted in all residential zones as stated in § 170-10, as a reasonable accommodation for persons with disabilities, only if it meets the following specified conditions and is a cooperative sober living residence (CSLR).
(1)
The owner obtains a Class F license to operate a cooperative sober
living residence from the New Jersey Department of Community Affairs
pursuant to N.J.A.C. 5:27-1.1 et seq.; and
(2)
Requires a minimum separation distance from any other existing or
proposed CSLR facility in accordance with the following:
(3)
Requires a minimum separation of 1,000 feet from any school, in accordance
with the most recent Drug-Free School Zone Map.
[1]
Editor's Note: Former § 170-75, Note 23: Professional
Overlay District, was repealed 6-24-2010 by Ord. No. 14-2010.
[Added 4-6-1989 by Ord. No. 5-1989]
Low-intensity recreational uses in the PA and
R-20F Districts shall only be permitted if:
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.
Clearing of vegetation, including ground cover and
soil disturbance, does not exceed 5% of the parcel.
E.
No more than 1% of the parcel will be covered with
impervious surfaces.
[Added 4-6-1989 by Ord. No. 5-1989;
amended 7-24-1997 by Ord. No. 7-1997]
A.
All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq.
B.
Applications for the following developments shall
ensure that all state ambient air quality standards in N.J.A.C. 7:27
et seq. for carbon monoxide shall not be exceeded at places of maximum
concentration and at sensitive receptors:
(1)
Residential development of 50 or more units and any
other development involving more than 100 parking spaces located in
an HC, IND, R-11, R-22, R-3.2, R-6, R-9, RC, GR and IBP District.
[Amended 11-30-2006 by Ord. No. 25-2006]
(2)
Residential development of 100 or more units and any
other development involving more than 300 parking spaces located in
the PA or R-20F District. Adherence to the standards of this section
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
[Added 3-15-1990 by Ord. No. 4-1990]
A.
Intent. The intent of this section is to establish
development standards for the siting and construction of transmitting
and/or receiving antenna towers as a principal use. Excluded from
these regulations are television and radio antennas accessory to permitted
residential, commercial or industrial uses, citizen's band radio antennas
and amateur (ham) radio antennas. Any development proposed using these
standards shall be required to submit an application to the Land Use
Board for site plan review.
[Amended 8-28-2014 by Ord. No. 9-2014]
B.
ANTENNA TOWER
COMMON CARRIER
EQUIPMENT BUILDING
PUBLIC RADIO SERVICES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A structure on which transmitting and/or receiving antennas
for public radio services or a common carrier are located.
Private radio services providing one-way paging or two-way
communication to many users.
An accessory structure housing transmitting and/or receiving
equipment. Equipment buildings shall not be occupied on a permanent
or continuing basis.
Public radio services consist of AM and FM radio and television
broadcast facilities.
C.
Conditions for development of antenna towers.
(1)
In order to minimize the need for new structures,
antenna towers shall be designed for shared use of the facility.
(2)
Applicants for new antenna towers must provide documentation
from the operators of existing towers in the AO District that the
existing tower cannot accommodate additional users.
(3)
Applicants shall demonstrate the radio frequency radiation
exposure at the property line complies with the radio frequency protection
guides established in N.J.A.C. 7:28-42 et seq.
(4)
All equipment shall be insulated to minimize interference.
D.
Tower location. Antenna towers shall only be constructed
in the following areas, as identified on the Egg Harbor City Tax Map:
Block 11.07.
[Amended 6-24-2010 by Ord. No. 14-2010]
F.
Area and bulk requirements shall be as follows:
H.
Landscaping.
(1)
With the exception of the areas cleared for construction
of the tower enclosures, parking, access and guy wire anchors, all
existing native vegetation shall be retained on site. If the Land
Use Board determines that the existing vegetation does not provide
adequate screening, supplemental buffering acceptable to the Land
Use Board shall be provided.
[Amended 8-28-2014 by Ord. No. 9-2014]
(2)
Maximum clearing limits shall be shown on the site
grading and drainage and soil erosion control plans. Unless otherwise
approved by the Land Use Board, clearance shall not exceed:
[Amended 8-28-2014 by Ord. No. 9-2014]
(3)
All cleared areas outside of structure enclosures
or parking areas shall be stabilized by seeding.
I.
Fences.
(1)
The area around the base of all antenna towers and
equipment structure shall be enclosed by an eight-foot-high, vinyl-clad
chain link fence.
(2)
All guy wire anchor points shall be enclosed by a
six-foot-high, vinyl-clad chain link fence.
(3)
A locked gate shall be provided on the site access
drive.
J.
Lighting.
(1)
Unless otherwise required by federal regulatory agencies,
tower lighting shall be red and shielded from view at ground level.
Flashing white strobe lights are prohibited.
(2)
Site lighting shall not exceed one footcandle at the
property lines. Lighting should be limited to security lighting of
the building(s) and parking areas.
[Added 4-8-1993 by Ord. No. 6-1993]
A.
Intent. The intent of this section is to establish
appropriate controls to guide the development of light industrial,
warehousing and administrative office facilities in a planned industrial
business park. The controls and standards set forth in this section
shall supersede any other contradicting regulations of this chapter.
B.
Principal and accessory uses. Principal and accessory
uses shall be as follows:
(1)
Principal buildings and uses.
(a)
Administrative offices.
(b)
Fully enclosed warehouses.
(c)
Light manufacturing facilities.
(d)
Fully enclosed wholesale business establishments.
(e)
Research and design facilities.
(f)
Retail outlet warehouses.
(g)
Freight terminals.
(h)
Recreational facilities.
(i)
Government facilities.
(j)
Infrastructure.
(k)
Any lot proposed for industrial development
that is adjacent to any residential parcel in Block 67.07 shall be
limited in use to an administrative office or a research and design
facility. Such use shall demonstrate very low impact in terms of noise,
dust, vibration, light, glare or other performance standards. Hours
of operation shall also correspond to normal business hours.
[Added 10-26-2006 by Ord. No. 15-2006; amended 12-14-2006 by Ord. No. 26-2006]
(l)
Repair of machinery and vehicles. The Land Use Board shall approve
all areas intended for outdoor storage of machinery and vehicles.
[Added 6-24-2010 by Ord. No. 14-2010; amended 8-28-2014 by Ord. No. 9-2014]
(3)
The refining of flammable or combustible liquids shall
not be considered a permitted principal use in this district.
C.
Area and bulk requirements. Area and bulk requirements
shall be as follows:
(1)
Minimum lot area: 65,000 square feet.
(2)
Minimum lot width: 175 feet.
(4)
Maximum building height: 45 feet. Building height
may be increased up to 60 feet, provided that an additional one foot
of front building setback is provided for each additional foot of
building height and the applicant demonstrates that adequate fire
protection is available.
(5)
Maximum building coverage: 35%.
(6)
Minimum residential buffer: A minimum buffer of 150
feet shall be maintained between uses in the Industrial Business Park
and any residential structure, measured building to building.
(7)
Minimum
floor area per acre: 5,000 square feet.
[Added 6-24-2010 by Ord. No. 14-2010]
D.
Parking, loading and circulation.
(1)
General. The required number of parking spaces shall
be calculated based on the area of the structure occupied by the particular
use.
(2)
Parking requirements.
(a)
Administrative offices: one space per 250 square
feet.
(b)
Light manufacturing: 1.5 spaces per 1,000 square
feet.
(c)
Warehousing: one space per 5,000 square feet.
(d)
Retail outlet: one space per 200 square feet.
(e)
Other uses. As determined by the Land Use Board
based on recognized professional standards (e.g., ITE, NAIOP, etc)
[Amended 8-28-2014 by Ord. No. 9-2014]
(4)
Size of parking spaces and loading area: All parking
spaces shall be nine feet by 18 feet in size except as specified below:
(5)
Supplementary space requirements applying to parking
and off-street loading.
(a)
Shared parking. When mixed uses are provided
on the same site, the sum of the individual uses is required to be
provided unless the applicant can demonstrate to the Board a shared
parking supply in accordance with the Urban Land Institute's Shared
Parking Standards.
(b)
Compact car parking. Parking for compact cars
may be provided at office buildings, industrial sites and other employee
parking areas up to 25% of the required parking supply. All compact
parking stalls must be grouped and appropriately designated by signs.
(c)
Waiver of off-street parking and unloading requirements;
excess space. Where it can be demonstrated, at the time of Land Use
Board review, that the parking and/or loading and unloading requirements
of this article will result in more parking spaces than actual needs
require, the Land Use Board may permit a portion of the proposed parking
and/or loading areas to remain unpaved, but suitably stabilized. Such
unpaved areas shall remain reserved for such future facilities needs
and, if conditions in use or actual operation of the proposed use
vary, the Land Use Board may require such unpaved space to be paved.
[Amended 8-28-2014 by Ord. No. 9-2014]
(d)
Use change affecting parking needs. Whenever
after the date of this chapter there is a change in the number of
employees or business visitors or in the lawful use of the premises
or in any other unit of measurement specified herein, and whenever
such change creates a need for an increase in more than 20% of the
number of off-street parking spaces, facilities shall be provided
within a reasonable time not to exceed 120 days on the basis of adjusted
needs.
(e)
No loading space shall be located in the front
yard of any industrial use. The facilities located in the side and
rear yard areas shall be oriented in such a fashion to create the
least possible interference with traffic movement and shall be screened
from visibility off-site.
(f)
Landscaping in parking areas shall be located
in protected areas, along walkways and in islands situated at the
end of parking bays. All landscaping shall be maintained to avoid
obstruction of sight triangles.
(g)
Driveways shall be in compliance with § 170-38B(6). Circulation aisles in parking areas shall comply with § 170-62C.
(h)
Concrete curbs shall be installed around all
parking areas and along driveways unless waived by recommendation
of the Land Use Board's Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
E.
Lighting.
(1)
For all uses in this district, lighting shall be designed
to prevent glare beyond property lines.
(2)
For all uses, the maximum height of freestanding lights
shall not exceed the height of the principle building located on the
lot, up to a maximum of 45 feet.
(4)
Lighting plans shall be prepared by a licensed architect
or engineer.
F.
Landscaping. The following recommendations are provided
to guide preparation of an acceptable landscape plan.
(1)
Landscaping is utilized to complement and accent the
building, at points such as, but not limited to, site driveways and
building entries.
(2)
Landscaping is provided in public areas, parking areas,
recreational sites and adjacent to buildings.
(3)
All areas not covered by buildings, roadways, parking
areas or pedestrian walkways may be landscaped with natural materials,
pursuant to § 170-73F.
(4)
A landscaped buffer may be provided according to the
following principles:
(a)
On sites with existing wooded vegetation, a
buffer of 20 feet width in front and rear yards and 10 feet width
in the side yard may consist of natural vegetation in combination
with new plants or trees, evergreens and deciduous materials.
(b)
On sites where there is no wooded vegetation
or site constraints require removal of existing vegetation, a perimeter
buffer may be established based on the following ratios: Canopy trees,
one two-and-one-half-inch to three-inch caliper tree per 30 linear
feet of property line and evergreen trees one six-inch to eight-inch
tall evergreen per 20 linear feet of property line.
(5)
The emphasis of a landscaping plan should be the preservation of existing site vegetation either through the tree preservation techniques set forth in § 170-73E or by transplanting existing materials to another area on site.
(6)
Perimeter buffer areas shall be maintained as a fire
fuel break.
[Amended 8-26-1999 by Ord. No. 16-1999]
H.
Signs.
(1)
The total area of all signs affixed to a structure
shall not exceed 15% of the building facade on which the sign is located.
(2)
Only one freestanding sign shall be permitted on any
single property, regardless of the number of establishments on the
property, except that the Land Use Board may authorize an additional
freestanding sign if the property has access from more than one public
street. Freestanding signs shall not exceed an area of 150 square
feet each or a height of 15 feet.
[Amended 8-28-2014 by Ord. No. 9-2014]
(3)
Signs shall not be located closer than the following
distances to the street rights-of-way:
|
Area of Sign
(square feet)
|
Minimum Distance
(feet)
| |
|---|---|---|
|
Less than 25
|
20
| |
|
26 to 75
|
25
| |
|
76 or more
|
30
|
(4)
The following additional restrictions shall apply
to all uses of land in the Industrial Business Park.
(a)
Signs affixed to a structure shall not extend
more than 24 inches beyond the side of any other element of the wall
to which it is affixed. No sign shall extend beyond the roof line.
(b)
No tower signs, as defined in this chapter,
are permitted.
(c)
No flashing, moving or intermittently illuminated
signs are permitted.
I.
General standards. In addition to the site plan requirements of § 170-31, the following information shall be provided:
(1)
At a minimum, all uses within the Park shall submit
copies of the information required by the Pinelands Commission under
the provisions of N.J.A.C. 7:50-4.2.(b)5.
(3)
A perimeter adjoining each building shall remain clear,
except for plantings and pedestrian walkways, to permit access of
emergency vehicles. The Egg Harbor City Fire Marshal may provide comments
regarding accessibility.
(5)
The refining of flammable or combustible liquids shall
not be considered a permitted principal use in this district.
[Added 2-22-1996 by Ord. No. 2-1996]
A.
Purpose. The purpose of the Commercial Resort Recreation
Overlay District Zone is to recognize the continued development of
an existing tourist facility and its environs while providing for
the protection of natural resources in and around this area. Specifically,
the Resort Commercial Recreation Overlay District Zone will:
(1)
Accommodate the expansion of the existing tourist
facilities at the Renault winery.
(2)
Permit a broader range of tourist and recreation uses
than currently exists at the winery.
(3)
Recognize that other areas along Bremen Avenue are
will suited for complimentary uses due to their location near the
winery and their accessibility to sanitary sewer service and a major
highway.
(4)
Recognize the proximity of central sanitary sewer
service and facilitate its use in this area.
(5)
Concentrate these uses in an appropriate location
while affording permanent protection to other undeveloped areas in
the vicinity.
(6)
Adjust the boundaries of Pinelands Management Areas
to recognize the existing character of this tourist area and balance
these development opportunities with permanent resource protection
rather than through traditional zoning mechanisms.
B.
Pinelands Comprehensive Management Plan. The Commercial Resort Recreation Overlay Zone has been established in accordance with the Pinelands Comprehensive Management Plan, which allow for certain changes in Pinelands Management Area designations if, among other conditions, higher development intensities permitted through conditional use provisions are offset by the permanent protection of other lands in the immediate vicinity. Within the Overlay Zone, the Commercial Resort Recreation Overlay was redesignated from a Pinelands Forest Area to Pinelands Town Management Area. The specific requirements of Subsections C, E and F are critical to the Commercial Resort Recreation Overlay Zone's consistency with the Pinelands Comprehensive Management Plan, as is any other provisions of this section which indirectly affect the operation of those subsections.
C.
Permitted uses. All uses permitted in the R-20F Zone
and set forth in the Schedule of District Regulations[1] are permitted in the Commercial Resort Recreation Area.
(1)
Sanitary sewer service must be provided to permitted
uses if the use is within 200 feet of existing sewer service. Otherwise,
no sanitary sewer service is permitted.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
D.
Conditional uses. The following uses are permitted in the Commercial Resort Recreation Overlay Zone, provided that the conditions enumerated in Subsection E below are met:
(1)
Principal structures and uses.
(a)
Hotels and motels.
(b)
Meeting/conference centers.
(c)
Restaurants/catering facilities.
(d)
Active recreation facilities, including but
not limited to golf courses, equestrian centers, health and fitness
clubs and other similar facilities as approved by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
(e)
Retail sales.
(f)
Planned development. Consisting of two or more
permitted uses listed in D(1)(a) through (e).
(2)
Accessory uses and structures.
(a)
Parks, playgrounds, recreation fields and other
outdoor recreation uses which are accessory to one or more of the
principal uses.
(b)
Accessory parking lots and parking structures.
(c)
Off-street loading facilities.
(d)
Maintenance buildings and structures.
(e)
Other accessory uses and structures normally
required to support permitted principal uses.
E.
Conditions. The following conditions apply to the
permitted conditional uses enumerated in the above.
(1)
In order to establish a logical development pattern,
the first conditional use shall have a minimum of 100,000 square feet
of existing and proposed floor area. Thereafter, there shall be no
minimum floor area requirement; provided, however, that the minimum
tract size for any planned development involving more than one principal
use shall be 20 acres.
(2)
A one-hundred-foot buffer shall be provided between
adjoining property lines, unless uses on both properties are part
of the same development project.
(3)
All proposed buildings and structures shall maintain
an exterior design which is compatible with the exterior of the historic
buildings of the existing winery.
(4)
All existing and proposed buildings and structures
within the Commercial Resort Recreation Area which require or have
wastewater service shall be served by public sanitary sewer.
(5)
Golf courses shall be designed utilizing the best
available technology to reduce consumptive water use and to reduce
pollution due to the use of pesticides, fertilizers and soil supplements.
(6)
All trees, fairways, greens and other actively managed
portions of a golf course or other intensive recreational facility
shall be located at least 300 feet from any wetland.
(9)
Except as expressly modified by the requirement of
this section, all other applicable requirements of this Code shall
be met.
F.
Complementary open space.
(1)
Open space shall be provided in accordance with the
following formulas.
(a)
Twenty-four-one-hundredths of an acre for each
100 square feet, or portion thereof, of existing and proposed floor
area to be devoted to the permitted conditional use. For purposes
of this calculation, the gross floor area of all existing and proposed
buildings shall be used but shall exclude any building which is purely
accessory to a park, playground, golf course or other recreation use.
(b)
One-and-nine-tenths acre for each of land, or
portion thereof, devoted to park, playground, golf course or other
outdoor recreation use. For purposes of this calculation, the entire
area devoted to such use shall be calculated and shall include any
land on which accessory buildings, such as rest rooms and maintenance
buildings, are located.
(c)
The open space calculations may be rounded to
the nearest acre.
(d)
The open space may not include public park land
or lands otherwise deed restricted as open space, but may include
lands expressly deed restricted as part of the implementation of this
chapter but prior to the submission of any specific project.
(2)
The required open space shall be located in one of
the following areas:
[Amended 11-14-1996 by Ord. No. 19-1996]
(b)
Upon a finding by the Land Use Board that land
in the Priority Conservation Area is not reasonably available, lands
in the Secondary Conservation Area as depicted on the map noted in
F(2)(a) may be utilized to meet the open space requirement; or
[Amended 8-28-2014 by Ord. No. 9-2014]
(c)
The requirements for open space in this section
may also be met by lands located in the adjacent Township of Galloway
Resort and Recreation Zone and as depicted on the Township of Galloway
map entitled "Zoning Map"; however, all lands in primary conservation
areas in both Egg Harbor City and Galloway Township must first be
utilized, or be determined to be not reasonably available by the Land
Use Board of the municipality where the lands are located, before
any Secondary Conservation Area lands in Egg Harbor City may be utilized.
[Amended 8-28-2014 by Ord. No. 9-2014]
(3)
An easement in favor of the City of Egg Harbor City
shall be duly recorded for the open space and shall permit only low-intensive
recreational uses or, if the open space is being actively farmed,
agricultural uses.
(4)
The easement shall be duly recorded prior to the issuance
of any final municipal site plan approval.
G.
H.
Parking, loading and circulation.
(1)
General. The required number of parking spaces shall
be calculated based on the area of the structure or site occupied
by the particular use.
(2)
Parking requirements.
(a)
Hotels: one space per unit plus one space per
three employees.
(b)
Meeting/conference centers: one space per three
seats plus one space per two employees on the largest shift.
(c)
Restaurant/catering facilities: one space/two
seats plus one space per two employees on the largest shift.
(e)
Other uses: as determined by the Land Use Board
based on recognized standards (e.g., IT, etc.)
[Amended 8-28-2014 by Ord. No. 9-2014]
(3)
Loading area requirements. One berth for each 50,000
square feet up to 100,000 square feet, then one berth per 100,000
square feet.
(4)
Parking and loading space sizes.
(a)
Standard spaces: nine feet by 18 feet.
(b)
Handicapped spaces: as required by the Americans
with Disabilities Act.
(c)
Parallel parking: eight feet by 22 feet.
(d)
Compact car parking: 8 1/2 feet by 15 feet.
(e)
Valet parking: eight feet by 18 feet.
(f)
Single unit truck loading: 10 feet by 45 feet.
(g)
Articulated truck loading: 10 feet by 60 feet.
(5)
Supplementary space requirements applying to parking
and off-street loading.
(a)
Shared parking. When mixed uses are provided
on the same site, the sum of the individual uses is required to be
provided unless the applicant can demonstrate to the Board a shared
parking supply in accordance with the Urban Land Institute's Shared
Parking Standards.
(b)
Compact car parking. Parking for compact cars
may be provided in employee parking areas and may account for up to
25% of the required parking supply. All compact parking stalls must
be grouped and appropriately signed.
(c)
Waiver of off-street parking and unloading requirements
excess space. Where it can be demonstrated, at the time of Land Use
Board review, that the parking and/or loading requirements of this
article will result in more parking spaces than actual needs require,
the Land Use Board may permit a portion of the proposed and/or loading
areas to remain unpaved, but suitably stabilized. Such unpaved areas
shall remain reserved for future facilities' needs and, if conditions
in use or actual operation of the proposed use vary, the Land Use
Board may require such unpaved space to be paved.
[Amended 8-28-2014 by Ord. No. 9-2014]
(d)
Use change affecting parking needs. Whenever,
after the date of this chapter, there is a change in the number of
employees or business visitors or in the lawful use of the premises
or in any other unit of measurement specified herein and whenever
such change creates a need for an increase in more than 20% of the
number of off-street parking spaces, facilities shall be provided
within a reasonable time not to exceed 120 days on the basis of adjusted
needs.
(e)
No loading space shall be located in the front
yard of any use. The facilities located in the side and rear yard
areas shall be oriented in such a fashion to create the least possible
interference with traffic movement and shall be screened from visibility
off site.
(f)
Landscaping in parking areas shall be located
in protected areas, along walkways and in islands situated at the
end of parking bays. All landscaping shall be maintained to avoid
obstruction of sight triangles.
(g)
Driveways shall be in compliance with § 170-38B(6). Circulation aisles in parking areas shall comply with § 170-62C.
(h)
Concrete curbs shall be installed around all
parking areas and along driveways unless waived by recommendation
of the Land Use Board's Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
I.
J.
Landscaping. The following recommendations are provided
to guide preparation of an acceptable landscape plan.
(1)
Landscaping is utilized to complement and accent building,
at points such as, but not limited to, site driveways and building
entries.
(2)
Landscaping is provided in public areas, parking areas,
recreational sites and adjacent to buildings.
(3)
All areas not covered by buildings, roadways, parking
areas, recreational sites and adjacent to buildings.
(4)
A landscaped buffer may be provided according to the
following principles.
(a)
On sites with existing wooded vegetation, buffer
to 20 feet width in front and rear yards and 10 feet width in side
yard trees, evergreen and deciduous materials.
(b)
On sites where there is no wooded vegetation
or site constraints require removal of existing vegetation, a perimeter
buffer may be established based on the following ratios:
(5)
The emphasis of a landscaping plan should be the preservation of existing site vegetation either through the tree preservation techniques set forth in § 170-73E or by transplanting existing materials to another area on site.
(6)
Perimeter buffer areas shall be maintained as a fire
fuel break.
[Amended 8-26-1999 by Ord. No. 16-1999]
K.
Fences. Fences shall be permitted at all uses in the
CRR District, provided that:
L.
Signs.
(1)
The total area of all signs affixed to a structure
shall not exceed 10% of all facade on which the sign is located.
(2)
Only one freestanding identification sign shall be
permitted on each street frontage of any single property regardless
of the number of establishments on the property. Freestanding signs
shall not exceed 100 square feet in area or a height of eight feet.
The minimum setback for freestanding signs shall be five feet from
the street right-of-way.
(3)
Projections.
(a)
Wall signs shall be applied flat against a wall
and shall not project beyond the side or top of the wall to which
it is affixed, nor shall such signs project more than 24 inches from
the front wall. Canopy signs shall be appended to the underside of
an overhang or canopy, provided that such sign shall not project beyond
the outer edge of the overhang or canopy to which it is attached nor
extend downward any closer than 10 feet to ground level.
(b)
All projecting signs shall be supported from
the wall or vertical support in accordance with the standards and
regulations of the Egg Harbor City Building Code, including the Electrical
Code.[3] Projecting signs shall not extend more than six inches
from the wall or be within two inches of the curbline, whichever is
more restrictive. Projecting signs shall project from the wall at
an angle of 90° and shall not project from any building corner.
No part of any projecting sign shall extend lower than 10 feet above
grade. The maximum height permitted for a projecting sign shall be
20 feet or no higher than the roof eave or second floor window sill,
whichever is less.
(4)
All bare incandescent light sources, but not including
neon lights, and their immediately adjacent reflecting surfaces shall
be shielded from view. Flashing, moving intermittently, moving and
illuminated signs, reflecting signs or luminous signs and/or advertising
devices shall be prohibited.
M.
General standards. In addition to the site plan requirements of § 170-31, the following information shall be provided:
(1)
At a minimum, all applications shall include copies
of the information required by the Pinelands Commission under the
provisions of N.J.A.C. 7:50-4.2(b)5.
(3)
A perimeter adjoining each building shall remain clear,
except for plantings and pedestrian walkways, to permit access of
emergency vehicles. The Egg Harbor City Fire Marshal may provide comments
regarding accessibility.
[1]
Editor's Note: Former § 170-81, Note 29: Senior
Citizens Housing Overlay District, added 2-22-1996 by Ord. No. 2-1996,
was repealed 6-24-2010 by Ord. No. 14-2010.
[Added 6-23-2005 by Ord. No. 19-2005]
A.
It has been determined that there is a need for housing
projects located and designed to meet the special needs, habits and
interest of mature adults to be known as "active adult communities
(AAC)."
B.
Occupancy and housing standards.
(1)
For the purposes of this section, an "active
adult household" shall be deemed to mean a single individual, married
couple or persons living together who are 55 years or older as specified
by federal law at the time of occupancy.
(2)
Persons under the age of 55 may reside in a
dwelling unit with an adult person(s) if the presence of such person
is essential to the physical care, economic support or is a relative
of the adult person(s) head of household, except that no such person(s)
shall be less than 18 years of age.
(3)
Dwelling units shall be arranged as separate
detached single-family dwelling units and should consist of complete
living accommodations, including cooking facilities.
C.
Conditional use requirements. The planned adult communities
shall be permitted as a conditional use in the R-3.2 C and R-22 Zones
of the City subject to the following conditions:
(1)
Minimum tract size shall be 50 acres.
(2)
Minimum road frontage for the tract shall be
250 feet.
(3)
A buffer with a minimum width of 20 feet to
a maximum width of 50 feet must be provided around the perimeter of
the tract.
(4)
The minimum lot area shall be 5,500 square feet
for interior lots and 7,000 square feet for corner lots.
(5)
The minimum lot width shall be 50 feet for interior
lots and 65 feet for corner lots. All lots shall also be a minimum
of 50 feet wide when measured at a distance of 80 feet from the front
property line.
(6)
The minimum lot depth shall be 110 feet.
(7)
The setback requirements shall be 20 feet for
the front yard, 20 feet for the rear yard and five feet for the side
yard.
(8)
The maximum building coverage shall be 40%.
(9)
The maximum impervious coverage for the entire
tract shall be 60%.
(10)
The maximum building height shall be 30 feet.
D.
Density, open space and recreation requirements.
(1)
The minimum required open space shall be at
least 20% of the net acreage of the site. Designated wetland, buffer
areas or areas to be utilized for stormwater management may account
for up to 50% of the required open space.
(2)
Recreational facilities such as swimming pools,
tennis courts, jogging paths, lawn areas, etc., shall be provided
as part of the open space to meet the needs of the residents. A clubhouse
shall be constructed with a minimum square footage of 15 square feet
per home in the development, with a minimum size of 3,000 square feet.
(3)
The maximum number of units permitted for the
active adult community shall be seven dwelling units per acre.
E.
Additional requirements.
(1)
No accessory buildings shall be permitted on
the single-family lots. All patios and decks must adhere to the five-foot
side yard setback and a ten-foot rear yard setback.
(2)
Fencing within the development shall be deed
restricted so as to be consistent in size, materials and color.
(3)
A homeowners' association shall be formed. All
common open space and recreational areas shall be owned and maintained
by the association.
(4)
All projects must be served by public sewer
and water facilities.
(5)
There shall be a minimum of two access drives
serving the proposed AAC that are separated by a minimum 250 feet.
The internal access roads shall connect with only secondary arterial,
major collector or minor collector streets as designated in the adopted
Master Plan.
F.
Parking and circulation.
(1)
Minimum parking requirements.
(a)
The standards contained in the Residential Site
Improvements Standards shall prevail.
(2)
General.
(a)
Landscaping in parking areas shall be located
in protected areas, along walkways and in islands situated at the
end of the parking bays. All landscaping shall be maintained to avoid
obstruction of sight triangles.
(b)
Driveways and circulation aisles in parking
areas shall comply with Residential Site Improvement Standards.
(c)
Concrete curbs shall be installed around all
parking areas and along driveways unless waived by recommendation
of the Land Use Board's Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
G.
Lighting.
(1)
For all uses in this district, lighting shall
be designed to prevent glare beyond property lines.
(2)
For all use, the maximum height of freestanding
lights shall not exceed the height of the principle building located
on the lot.
(4)
Lighting plans shall be prepared by a licensed
architect or engineer.
H.
Landscaping. The following recommendations are provided
to guide preparation of an acceptable landscape plan:
(1)
Landscaping is utilized to complement and accent
buildings, at points such as, but not limited to, site driveways and
building entries.
(2)
Landscaping is provided in public areas, parking
areas, recreational areas and adjacent buildings.
(3)
All areas not covered by buildings, roadways,
parking areas or pedestrian walkways may be landscaped with natural
materials, pursuant to § 170-73F.
(4)
Landscaping should incorporate raised planters
for residential gardening.
I.
Fences. The standards governing fences in residential
districts set forth in § 170-73F shall apply.
[1]
Editor’s Note: Former § 170-81.2, Note 31: Gateway
Residential District, added 9-14-2006 by Ord. No. 17-2006, was repealed
9-26-2019 by Ord. No. 11-2019.
[Added 6-24-2010 by Ord. No. 14-2010; amended 10-28-2010 by Ord. No.
18-2010]
Campgrounds shall be permitted in the R-3.2C and R-20F Zones
subject to the following limitations:
A.
Campgrounds
in the R-3.2C District shall be permitted at City Lake Park based
upon existing density.
B.
Campgrounds
in the R-20F District shall not exceed one campsite per gross acre,
provided that the campsites may be clustered at a density not to exceed
10 campsites per acre pursuant to the Pinelands Comprehensive Management
Plan, N.J.A.C. 7:50-5.23(b)4.
[Added 8-9-2012 by Ord. No. 12-2012]
A.
DONATION CLOTHING BIN
SOLICITATION or SOLICIT
Definitions and word usage. The following terms, whenever used or
referred to in this section, shall have the following respective meanings
for the purposes hereof:
Any container or receptacle where people can drop articles
of clothing and to store such clothing until carted away.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
B.
Requirements for placement and use of clothing bins for solicitation
purposes. Notwithstanding any other provision to the contrary, no
person shall place, use or employ a donation clothing bin, for solicitation
purposes, unless all of the following requirements are met:
(1)
The person has obtained a zoning permit valid for a period of
one year, from the City Zoning Department in accordance with the following:
(a)
In applying for such a zoning permit, the person shall provide:
[1]
The location where the bin will be situated, as
precisely as possible;
[2]
The manner in which the applicant anticipates any
clothing or other donations collected via the bin would be used, sold
or dispersed, and the method by which the proceeds of collected donations
would be allocated or spent;
[3]
The name and telephone number of the bona fide
office of the applicant and of any entity which may share or profit
from any clothing or other donations collected via the bin;
[4]
The schedule of pickups removing the articles from
the bins, which can be no less often than once per week, and the name
and telephone number of the person to be notified if the bin is overflowing
prior to the scheduled date of pickup; and
[5]
Written consent from the property owner or the
owner's authorized representative to place the bin on his/her property.
(b)
The City Zoning Department shall not grant an application for
a zoning permit to place, use, or employ a donation clothing bin if
it determines that the property is located in a residential district,
the placement of the bin is either in the front yard setback or could
constitute a safety hazard. Such hazards shall include, but are not
limited to, the placement of a donation clothing bin in required parking
spaces, in any area that interferes with pedestrian or vehicular traffic,
or within 200 yards of any school or place which stores large amounts
of, or sells, fuel or other flammable liquids or gases. Furthermore,
the City shall require proof that the applicant is a federally recognized
charitable institution with IRS Code Section 501c(3) or (4) status.
(c)
The fee for such application for the zoning permit shall be as provided in Chapter 139, Fees and Deposits. The application fee shall be $100.
(d)
An expiring zoning permit for a donation clothing bin may be renewed annually upon payment of the one-hundred-dollar renewal fee as provided in Chapter 139, Fees and Deposits, and by application that shall include the following information:
[1]
The location where the bin is situated, as precisely
as possible, and, if the applicant intends to move it, the new location
where the bin would be situated after the renewal is granted;
[2]
The manner in which the applicant has used, sold
or dispersed any clothing or other donations collected via the bin,
the method by which the proceeds of collected donations have been
allocated or spent, and any changes the applicant anticipates it may
make in these processes during the period covered by the renewal;
[3]
The name and telephone number of the bona fide
office of the applicant and any entity which shared or profited from
any clothing or other donations collected via the bin, and of any
entities which may do so during the period covered by the renewal;
[4]
The schedule of pickups removing the articles from
the bins, which can be no less often than once per week, and the name
and telephone number of the person to be notified if the bin is overflowing
prior to the date of pickup; and
[5]
Written consent from the property owner or the
owner's authorized representative to place the bin on his/her property;
(e)
The following information shall be clearly and conspicuously
written in either paint or permanent marker on the exterior of the
donation clothing bin:
[1]
The name and address of the registered person that
owns the bin, and of any other entity which may share or profit from
any clothing or other donations collected via the bin.
[2]
The telephone number of the person's bona fide
office and, if applicable, the telephone number of the bona fide office
of any other entity which may share or profit from any clothing or
other donations collected via the bin. The telephone number of an
answering machine or service unrelated to the person that owns the
bin does not satisfy this requirement;
[3]
The registration number, permit number and date
of expiration for that bin;
[4]
In cases when any entity other than the person
who owns the bin may share or profit from any clothing or other donations
collected via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
[5]
A statement indicating the manner in which the
person anticipates any clothing or other donations collected via the
bin would be used, sold or dispersed, and the method by which the
proceeds of collected donations would be allocated or spent.
C.
Receipt and investigation of complaints relative to donation clothing
bins. The City Zoning Department shall receive and investigate, within
30 days, any complaints from the public about the donation clothing
bins.
(1)
Whenever it appears to the City that an organization or a person
has engaged in or is engaging in any act or practice in violation
of this section, the organization or person who placed the bin shall
be issued a warning, stating that if the violation is not rectified
or a hearing before the Land Use Board requested within 45 days, then
the bin will be seized or removed at the expense of the person who
placed the bin, and any clothing or other donations collected via
the bin will be sold at public auction or otherwise disposed of. In
addition to any other means used to notify the person who placed the
bin, a warning shall be affixed to the exterior of the bin itself.
[Amended 8-28-2014 by Ord. No. 9-2014]
(2)
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the City may seize the bin, remove it or have it removed,
at the expense of the person who placed the bin, and sell at public
auction or otherwise dispose of any clothing or other donations collected
via the bin. Any proceeds from the sale of the donations collected
via the bin shall be paid to the City.
D.
Violations and penalties. In addition to any other penalties or remedies
under this section, any person violating any of the provisions of
this section shall, upon conviction, be punished by a fine of not
less than $100 nor more than $2,000 or by imprisonment not exceeding
90 days or by 90 days' community service, all in the discretion of
the court.
[Added 8-12-2021 by Ord. No. 10-2021; amended 11-18-2021 by Ord. No.
15-2021]
A.
Definitions.
(1)
ACT
CANNABIS
CANNABIS BUSINESS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS PRODUCT
CANNABIS RETAILER
CANNABIS TAX
CANNABIS WHOLESALER
CITY
LICENSEE
MICROBUSINESS
(a)
(b)
(c)
(d)
(e)
(f)
As used in this chapter, the following terms shall have the
meanings indicated:
Public Law 2021, c. 16, commonly known as the "New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act," codified at N.J.S.A. 24:6I-31 et seq.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with the Act for
use in cannabis products, but shall not include the weight of any
other ingredient combined with cannabis to prepare topical or oral
administrations, food, drink, or other product.
Any person or entity that holds any of the six classes of
licenses established under the Act.
Any licensed person or entity that grows, cultivates, or
produces cannabis, and sells, and may transport, this cannabis to
other cannabis cultivators, or usable cannabis to cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 cannabis cultivator license.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
Cannabis product does not include:
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retailer license.
Collectively, the taxes as are established in this chapter.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
The City of Egg Harbor.
Any person or entity that holds a license issued under the
Act, including a license that is designated as either a Class 1 cannabis
cultivator license, a Class 2 cannabis manufacturer license, a Class
3 cannabis wholesaler license, a Class 4 cannabis distributor license,
a Class 5 cannabis retailer license, or a Class 6 cannabis delivery
license, and includes a person or entity that holds a conditional
license for a designated class.
Any person or entity licensed as a cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis distributor, cannabis
retailer, or cannabis delivery service that may only, with respect
to its business operations, and capacity and quantity of product:
Employ no more than 10 employees;
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet and, in the case of a cannabis cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for transportation
shall not be subject to this limit;
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof; and
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof.
(2)
SMOKING
TOBACCO PRODUCT
Any term not defined herein shall have the meaning as established
by Section 40 of Public Law 2021-16 (N.J.S.A. 24:6I-33).
Any definition of smoking in the City Code is amended to
include "cannabis" and "cannabis product."
[Added 8-11-2022 by Ord.
No. 6-2022]
Any definition of tobacco product in the City Code is amended
to include "cannabis" and "cannabis product."
[Added 8-11-2022 by Ord.
No. 6-2022]
B.
Intent. It is the intent of this chapter to set forth the locations
within the City where a cannabis establishment may be located, and
to establish the regulatory framework to implement the provisions
of the Act, including the imposition of cannabis taxes, as permitted
by Section 40 of the Act, at a uniform percentage rate not to exceed
2% of the receipts from each sale by a cannabis cultivator; 2% of
the receipts from each sale by a cannabis manufacturer; 1% of the
receipts from each sale by a cannabis wholesaler; and 2% of the receipts
from each sale by a cannabis retailer, which shall be in addition
to any other tax or fee imposed pursuant to any other statute or local
ordinance or resolution by any governmental entity having regulatory
authority over the cannabis establishment.
C.
Permitted number of licenses. Cannabis cultivators, manufacturers, wholesalers, distributors, retailers, and delivery services shall only be permitted conditional uses in the City in accordance with the standards set forth in Chapter 170, titled "Zoning."
D.
Locations.
(1)
Class 1 cannabis cultivator license, for facilities involved
in growing and cultivating cannabis, shall be a permitted use in the
Industrial (IND) zone and the Industrial Business Park (IBP) zone.
(2)
Class 2 cannabis manufacturer license, for facilities involved
in the manufacturing, preparation, and packaging of cannabis items,
shall be a permitted use in the Industrial (IND) zone and Industrial
Business Park (IBP) zone.
(3)
Class 3 cannabis wholesaler license, for facilities involved
in obtaining and selling cannabis items for later resale by other
licensees, shall be a permitted use in the Industrial (IND) zone and
Industrial Business Park (IBP) zone.
(4)
Class 4 cannabis distributor license, for businesses involved
in transporting cannabis plants in bulk from one licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another, shall be a permitted
use in the Industrial (IND) zone and Industrial Business Park (IBP)
zone.
(5)
Class 5 cannabis retailer license for locations at which cannabis
items and related supplies are sold to consumers, shall be a conditional
use in the Retail Commercial (RC) zone and the Highway Commercial
(HC) zone. Only one establishment is permitted in the RC zone and
one establishment in the HC zone.
(6)
Class 6 cannabis delivery license, for businesses providing
courier services for consumer purchases that are fulfilled by a licensed
cannabis retailer in order to make deliveries of the purchased items
to a consumer, and which service would include the ability of a consumer
to make a purchase directly through the cannabis delivery service
which would be presented by the delivery service for fulfillment by
a retailer and then delivered to a consumer, shall be a permitted
use in the Industrial (IND) zone and Industrial Business Park (IBP)
zone.
E.
License.
(1)
Local license required. Pursuant to the authority granted by
N.J.S.A. 24:6I- 45(c)(2), no person or entity shall operate a cannabis
business in the City without obtaining a license pursuant to this
chapter.
(2)
Local licensing authority. The City Council shall constitute
the issuing authority for the issuance of a local license, and for
the suspension or revocation of any license issued hereunder.
(3)
Application. In order to obtain a license to operate a cannabis
business in the City, an applicant shall file an application, signed
by the applicant, with the City Clerk upon a form provided by the
Clerk which sets forth all information necessary for a proper consideration
of the application. Such application shall be filed contemporaneously
with filing an application for a license pursuant to the Act.
(4)
The application fee for all classifications of licenses is $2,500.
The license must be renewed yearly at a fee of $2,500 per year.
[Amended 8-11-2022 by Ord. No. 6-2022]
(5)
Issuance. Upon approval of an application, the City Council
shall, by resolution, issue a license to operate a cannabis business
in the City.
(6)
Suspension or revocation. Any license required by this chapter
may be suspended or revoked for violation of any of the following:
(a)
Subsequent knowledge of fraud, misrepresentation or incorrect
statements provided by an applicant on the application form.
(b)
Any fraud, misrepresentation, or false statements made in conducting
the cannabis business.
(c)
Any violation of the Act, or the rules and regulations of the
Cannabis Regulatory Commission.
(d)
Subsequent conviction of any federal or state statute or regulation,
or of any local ordinance, which adversely reflects upon the person's
ability to conduct the cannabis business in a professional, honest
and legal manner. Such violations shall include, but are not limited
to, violations of Chapter 35 of Title 2C of the New Jersey Statutes,
burglary, theft, larceny, swindling, fraud, unlawful business practices,
and any form of actual or threatened physical harm against another
person.
(e)
Violation of any other provision of this chapter.
(7)
Notice of hearing. Notice of a hearing to consider the suspension
or revocation of a license under the preceding subsection shall be
given in writing by the City Clerk, setting forth the grounds of the
proposed action and the time and place of the hearing. Such notice
shall be personally delivered, or mailed, by certified and regular
mail, to the licensee at the address indicated on the license application,
at least 10 days prior to the date of the hearing.
(8)
Appeal. Any person whose permit is suspended or revoked under
this section shall have the right to appeal that decision to a court
of competent jurisdiction.
G.
Cannabis tax.
(1)
Tax established. There is hereby established a local cannabis
transfer tax on sale of cannabis or cannabis products by a cannabis
establishment located in the City. The tax is hereby imposed on the
receipts from the sale of cannabis by a cannabis cultivator to another
cannabis cultivator; receipts from the sale of cannabis or cannabis
products from one cannabis establishment to another cannabis establishment;
receipts from the retail sales of cannabis or cannabis products by
a cannabis retailer to retail consumers who are 21 years of age or
older; or any combination thereof. Sales by a cannabis establishment
located in the City are subject to the tax established herein even
if the cannabis or cannabis products are delivered to another municipality.
(2)
Rate. The amount of the tax shall be 2% of the receipts from
each sale by a cannabis cultivator; 2% of the receipts from each sale
by a cannabis manufacturer; 1% of the receipts from each sale by a
cannabis wholesaler; and 2% of the receipts from each sale by a cannabis
retailer.
(3)
User tax. In addition to the tax established in Subsection G(1) of this section, a user tax, at the equivalent transfer tax rates, is hereby established on any concurrent license holder, as permitted by section 33 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-46) and N.J.S.A. 40:48I-1 operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis products not otherwise subject to the transfer tax imposed pursuant to Subsection G(1) of this subsection, from the licensee's establishment that is located in the City to any of the other licensee's establishments, whether located in the City or another municipality.
(4)
The cannabis tax set forth in this section shall be in addition
to any other tax or fee imposed pursuant to statute or local ordinance
on a cannabis establishment.
H.
Collection of cannabis tax.
(1)
The cannabis tax imposed by this chapter shall be collected
or paid, and remitted to the City by the cannabis establishment from
the cannabis establishment purchasing or receiving the cannabis or
cannabis product, or from the consumer at the point of sale, on behalf
of the City by the cannabis retailer selling the cannabis item to
that consumer. The transfer tax or user tax shall be stated, charged,
and shown separately on any sales slip, invoice, receipt, or other
statement or memorandum of the price paid or payable, or equivalent
value of the transfer, for the cannabis or cannabis item.
(2)
Every cannabis establishment required to collect a cannabis
tax imposed by this chapter shall be personally liable for the cannabis
tax imposed, collected, or required to be collected under this chapter.
Any cannabis establishment shall have the same right with respect
to collecting the cannabis tax from another cannabis establishment
or the consumer as if the cannabis tax was a part of the sale and
payable at the same time, or with respect to nonpayment of the cannabis
tax by the cannabis establishment or consumer, as if the cannabis
tax was a part of the purchase price of the cannabis or cannabis product,
or equivalent value of the transfer of the cannabis or cannabis product,
and payable at the same time.
(3)
No cannabis establishment required to collect a cannabis tax
imposed by this chapter shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the cannabis tax will not be separately charged and stated to
another cannabis establishment or the consumer, or that the cannabis
tax will be refunded to the cannabis establishment or the consumer.
(4)
All cannabis tax imposed by this chapter shall be remitted to
the Chief Financial Officer of the City on a quarterly basis payable
for the prior three months' activities and due at the same time as
quarterly dates for the collection of property taxes. The revenues
due on February 1 of each year shall include all cannabis taxes collected
for the prior year months of October, November and December. The revenues
due on May 1 of each year shall include all cannabis taxes collected
for the immediate prior months of January, February and March. The
revenues due on August 1 of each year shall include all cannabis taxes
collected for the immediate prior months of April, May and June. The
revenues due on November 1 of each year shall include all cannabis
taxes collected for the immediate prior months of July, August and
September.
(5)
Simultaneous with payment of the cannabis tax, the licensee
shall submit an affidavit signed by an individual who is responsible
for the licensee that certifies the total receipts from each sale
so that an accurate calculation of the cannabis tax due may be determined.
(6)
The City shall enforce the payment of delinquent cannabis taxes
imposed pursuant to this chapter in the same manner as provided for
municipal real property taxes. In the event that the cannabis tax
imposed by this chapter is not paid as and when due by a cannabis
establishment, the unpaid balance, and any interest accruing thereon,
shall be a lien on the parcel of real property comprising the cannabis
establishment's premises in the same manner as all other unpaid municipal
taxes, fees, or other charges. The lien shall be superior and paramount
to the interest in the parcel of any owner, lessee, tenant, mortgagee,
or other person, except the lien of municipal taxes, and shall be
on a parity with and deemed equal to the municipal lien on the parcel
for unpaid property taxes due and owing in the same year. The City
shall file in the office of the tax collector a statement showing
the amount and due date of the unpaid balance and identifying the
lot and block number of the parcel of real property that comprises
the delinquent cannabis establishment's premises. The lien shall be
enforced as a municipal lien in the same manner as all other municipal
liens are enforced.
(7)
Upon written request of the City, a cannabis establishment shall
submit an auditor's report for the preceding fiscal or calendar year,
certified by a Certified Public Accountant, to the City. The auditor's
report shall include, but not be limited to, all receipts generating
cannabis taxes, and such details as may relate to the financial affairs
of the cannabis establishment and to its operations and performance,
and shall be prepared in a manner consistent with the current standards
of the Financial Accounting Standards Board. Said auditor's report
shall be submitted to the representatives of the City within 30 days
of receipt by the cannabis establishment of the City's request for
said auditor's report.
I.
Consumption,
possession and unregulated sale.
[Added 8-11-2022 by Ord. No. 6-2022]
(1)
Prohibition in public places. No person shall consume, smoke,
use, vape, aerosolize, immobilize or possess in any open container
any Cannabis or Cannabis product in any city park, lake area, recreation
area and in any school and in any place that any other law prohibits
the smoking of tobacco, including N.J.S.A. 2C:33-13 and the New Jersey
Smoke- Free Air Act, N.J.S.A. 26:3D-55 et seq.
(2)
Prohibition of unregulated sale of cannabis. No person shall
sell cannabis in the City without a state license and a City license.
(3)
Smoking prohibited. Smoking of any kind is prohibited in any
City park, lake area and recreation area.
