Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
The title of this chapter shall be "An Ordinance Limiting and Restricting to Specified Districts and Regulating Therein Buildings and Structures According to Their Construction and the Nature and Extent of Their Use in Egg Harbor Township, in the County of Atlantic, and Providing for the Administration and Enforcement of the Provisions Herein Contained and Fixing Penalties for the Violation Thereof." The short title of this chapter shall be the "Zoning Ordinance of Egg Harbor Township."
[Amended 7-14-1993 by Ord. No. 30-1993]
It is the purpose of this chapter to provide control in the interest of orderly growth, development and land use in the Township of Egg Harbor consistent with existing development and with the objectives, principles and standards deemed beneficial to the interests and welfare of the population of the Township; to protect the established character and the social and economic benefits of both private and public property; to secure safety from fire, panic, flood and other dangers; to provide adequate light, air and convenience of access; to prevent overcrowding of land or buildings; to avoid undue concentration of population; to conserve the value of the buildings; to enhance the value of land throughout the Township; and to implement the goals and objectives of the Pinelands Comprehensive Management Plan.
Certain words and phrases are used in this chapter which, for the purpose hereof, are defined as follows.
Words and phrases. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used."
As used in this chapter, the following terms shall have the meanings indicated. The definitions contained in Article III of Chapter 94 and in § 198-4 of Chapter 198 shall also apply.
[Amended 9-10-1980 by Ord. No. 27-1980; 12-23-1980 by Ord. No. 47-1980; 8-12-1981 by Ord. No. 18-1981; 12-8-1982 by Ord. No. 71-1982; 3-13-1985 by Ord. No. 11-1985; 5-8-1985 by Ord. No. 23-1985; 3-13-1991 by Ord. No. 10-1991; 2-24-1993 by Ord. No. 9-1993; 7-14-1993 by Ord. No. 30-1993]
A subordinate use or building, the purpose of which is incidental to that of the main use or building and which is located on the same lot.
An establishment which is licensed by the New Jersey Department of Health pursuant to N.J.S.A. 26:2H-1 et seq. to provide preventative, diagnostic, therapeutic and rehabilitative services under medical supervision to meet the needs of functionally impaired adult patients exclusively on an outpatient basis.
[Added 11-29-2017 by Ord. No. 35-2017]
A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An "agricultural commercial establishment" may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.
Residential dwellings, for the seasonal use of employees of an agricultural or horticultural use, which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.
Any building or place which makes available four or more coin-operated or token-operated machines which are for the purpose of skill and amusement.
A facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36-1 et seq. which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living facilities shall include assisted living residences and assisted living programs as defined at N.J.A.C. 8:36-1.3.
[Added 11-13-2002 by Ord. No. 69-2002]
Any building, land area or portion thereof used for the servicing and repair of vehicles which shall include auto body, engine, brake and transmission repairs, and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories. No fuel sales or dispensing is permitted.
[Added 4-11-2012 by Ord. No. 8-2012]
Any building, land area or portion thereof used for the retail dispensing or sales of vehicular fuels, servicing and repair or vehicles which shall include auto body, engine, brake and transmission repairs, and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories.
[Added 4-11-2012 by Ord. No. 8-2012]
An area in which no building, parking area, driveway (except to provide access to property), street, sign (except traffic directional signs) or storage of materials shall be permitted.
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or having other supports and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having a vertical face less than three feet above the level of the ground from which the height of the building is measured.
The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross-section of a building or buildings.
The vertical distance from grade to the top of the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof. A property located in any FEMA-designated flood zone (according to current FEMA Advisory Flood Elevation Maps) will have its height measured from the base flood elevation plus one foot (freeboard) for its respective zone.
[Amended 4-10-2013 by Ord. No. 16-2013]
A line within any lot measured from the front, side or rear lot lines equal to the required front, side or rear yards depths between which no building or portion thereof may be erected, except as provided for elsewhere herein.
Any building, land area or portion thereof used for the washing of automobiles.
[Added 4-11-2012 by Ord. No. 8-2012]
A story partly underground and having more than 1/2 of its cubic volume below the average level of the adjoining ground.
An approval of the Planning Board pursuant to N.J.A.C. 7:50-6.156.
This document shall be entitled "certificate of noncompliance" when the proposed development is not consistent with the requirements of the CMP (see N.J.A.C. 7:50-4.11 through 4.27).
A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
A certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the occupancy of a building, which certifies that all requirements of this chapter or such adjustments thereof which have been granted by the Board of Adjustment and all other applicable requirements have been complied with.
A development technique based on the gross density of the tract, which allows the lot sizes for dwellings to be reduced so that individual areas of the tract have higher densities, provided that other portions of the tract are dedicated for public and/or private open spaces so that the maximum number of conforming lots permitted for the entire tract prior to clustering is not exceeded.
Facilities and improvements operated for a profit, including but not limited to swimming pools, water slides and theme parks, miniature golf, golf driving ranges, golf courses, batting cages, bowling alleys, indoor theaters and amphitheaters, roller-skating and ice skating.
[Amended 6-25-1997 by Ord. No. 22-1997]
A use involving the sales of goods or services carried out for profit.
[Added 12-21-2011 by Ord. No. 39-2011]
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.[1]
The plan adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.[2]
Privately held lands having a depth of seasonal high-water table of greater than five feet, as measured from the existing ground surface. When a public sanitary sewer is available, soils having a depth of seasonal high-water table exceeding 1 1/2 feet are "developable lands."
A suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services such as entrance halls, electric or water connections, basement areas, heating plan or refuse disposal facilities.
A single-family dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside, and a full compliment of utilities and facilities for use as a dwelling unit.
A building on a lot designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
A building on a lot designed and occupied exclusively as a residence for two families or households, which has a common wall separating two units, each of which has a full compliment of utilities and facilities for use as a dwelling and separate means of ingress and egress.
A two-family-dwelling-unit building where the family dwelling units are separated by a horizontal floor unpierced except for access to the outside or to a common basement or cellar.
A two-family dwelling unit building where the family dwelling units are separated by a vertical party wall unpierced except for access to the outside or to a common basement or cellar.
Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family. Dwelling unit shall include each separate apartment or unit where one or more individuals reside within an assisted living facility.
[Amended 11-13-2002 by Ord. No. 69-2002]
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.
One or more persons living together and occupying a dwelling unit.
A parcel of land, five acres or larger in size, used primarily for the raising of agricultural products, livestock, poultry or dairy products.
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.
Any wood, masonry, metal or aluminum structure(s) or any wall or living hedge along the front, side or rear property line designed to shield, screen or protect a lot(s) or a portion of a lot.
[Added 10-11-2006 by Ord. No. 51-2006]
An elevation above sea level, below which inundation of lands occurs.
The planting, cultivating, and harvesting of trees for the production of wood products, including firewood or the forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clear-cutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Added 6-20-2012 by Ord. No. 27-2012]
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, size and age.
A nonprofit society or voluntary association organized and carried on for the mutual aid and benefit of its members and to promote a common cause.
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
A building or portion thereof used for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
A building or part thereof used for the storage, care or repair of motor vehicles or where such vehicles are kept for hire. The storage of more than three inoperable or totally wrecked vehicles on a lot by definition of this chapter shall constitute a junkyard.
Any area of land, including structures thereon, that is used for the sale of gasoline or other vehicle fuel, oil or lubricating substance, and which may include the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities; dining and refreshment facilities; swimming pools; tennis courts and the like, provided that the operation of such facilities is incidental and subordinated to the operation of the golf course.
The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto.
The total enclosed floor area of a structure used for residential purposes or for business or industrial activities, which include customer facilities, showcase facilities and storage and sales facilities. For residential uses, porches and all floor areas with headroom of less than seven feet three inches shall be excluded.
An activity of economic gain, carried out in a resident's dwelling or accessory structure thereto, in which an occupant of the residence and no more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.
Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
[Amended 6-25-1997 by Ord. No. 25-1997; 3-6-2019 by Ord. No. 4-2019]
A surface that has been covered with a layer of material so that is highly resistant to infiltration of water.
[Added 10-11-2006 by Ord. No. 51-2006]
The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of not more than three disabled vehicles in conjunction with a public or commercial garage shall not be considered a "junkyard."
The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create limited hazard from fire or explosion or produce limited toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
A designated parcel, tract or area of land, established by a plat or otherwise permitted by law, to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding that area and is expressed in terms of square feet. Any portion of a lot shown by duly recorded deed in a street right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or more intersecting streets.
The area of the lot covered by buildings, structures and all other impervious surfaces.
[Amended 8-22-2012 by Ord. No. 38-2012]
The mean distance between the front lot line and a line drawn at right angles to the rear lot line.
A lot line or portion thereof which is coexistent with the street right-of-way. In the case of a street of undefined width, said lot line shall be assumed to parallel the center line of the street at a distance 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the "frontage." In the case of lots extending from one street to another, both streets shall be classified as "lot frontage."
The distance between the side lot lines of said lot, measured at and along a line parallel to the front lot line, which is drawn at a distance therefrom, a distance equal to the required depth of the front yard.
A waterfront facility wherein the docking, mooring, repair, servicing and storage of boats is offered for rent. A "marina" shall be deemed to include automobile parking facilities, sanitary facilities, marine supply shop, marine motor fuel sales, boat sales, repairs and maintenance and service, but specifically excluding facilities for more than two permanent dwellings, whether on land or water. Such facility shall not include docking or mooring of boats designed and/or used as a permanent residential dwelling (see "dwelling" herein and definition of Uniform Construction Code), whether occupied year round or seasonal, except that the foregoing shall not prevent owners and guests from occupying boats on a twenty-four-hour period. A waterfront facility ("marina") may also include accessory uses such as a restaurant, not including fast-food or drive-in restaurants, no more than two permanent residential dwellings for facility owner, manager and security personnel, inclusive of industrialized dwellings, whether supported on land or water.
One or more buildings used as living quarters by seasonal or temporary farm workers in connection with any work or place where work is being performed, whether or not rent is paid in connection with the use or occupancy of such premises.
Any area of land, including structures thereon, that is used both for the sale of gasoline or other vehicle fuel, oil or lubricating substance, and retail sales of convenience goods. Convenience goods include food and drink products, household items, newspapers and magazines, and prepared foods such as soups, sandwiches and salads for off-site consumption.
[Added 4-11-2012 by Ord. No. 8-2012]
A use which shall contain at least 100 sleeping rooms, each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.
A building, lot or use or any combination thereof which does not conform to the regulations of this chapter for the zone in which it is located.
An off-street space available for the parking of a motor vehicle, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
That area designated as such by Section 10(a) of the Pinelands Protection Act (N.J.S.A. 13:18A-1 to 13:18A-29).
The agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
An area a minimum of five contiguous acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
A public facility at which are located prime movers, electric generators, electric substations and auxiliary equipment for producing electric energy. Standby emergency generators, located on the property for which the standby emergency generator will provide power, utilized for the production of power in cases where the main power source has been temporarily terminated through no act of the property owner, will not be considered power generating facilities.
[Added 6-8-2005 by Ord. No. 25-2005]
The office or studio of a resident physician, dentist, lawyer, architect, accountant, engineer, land surveyor or appraiser who is a member of the National Association of Real Estate Appraisers and any person engaged in a professional service licensed by the State of New Jersey.
An establishment that provides food and beverages to persons seated within the building served by waiters or waitresses. This includes cafes and tearooms.
An establishment that offers quick food service, accomplished through a limited menu, providing over-the-counter and/or drive-through service.
Transactions including appliances; auctioning; baked goods, provided that all goods baked on the premises are sold on the premises; clothing and accessories; dry goods; electric and electronic goods; flowers, provided that no products are grown on-site; furniture and carpeting; gifts and groceries and meat products, provided that no slaughtering of animals takes place on the premises; hardware; newspapers and periodicals; packaged liquor; pharmaceutical and associated products; sporting goods; stationery and similar retail activities; but specifically excluding the sale of new or used vehicles, sale of goods by auction and motor fuel.
Activities including, but not limited to, barbering and cosmetology; dry cleaning, electric and electronic and appliance repair; laundry, including self-service machines and collection, but not to include bulk processing; photography; shoe repair; tailoring, but not to include the wholesale manufacturing of clothing; upholstery; veterinarian clinics and similar retail services; but specifically excluding garages, auto body and welding uses, vehicle repair and auction houses.
Any school which offers courses for adults in specific nonacademic subjects, such as but not limited to office machine operating and other trades, dancing, singing, driver training and similar cultural or artistic endeavors.
Any school which offers a general academic course of instruction as commonly accepted in approved elementary, secondary, preparatory or college-level institutions. Nursery and preschool-age day schools shall be included herein.
Any instructional institution owned or operated by a governmental agency.
A unified development of not less than five stores, commercial uses, together with areas for internal circulation, parking and other accessory uses, consisting of one or more lots under the same or separate ownership.
[Amended 12-21-2011 by Ord. No. 39-2011]
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
The area included within the frame or edge of the sign. Where the sign has no frame or edge, the "area" shall be defined as the enclosed straight-sided geometric shape which most closely outlines said sign.
A plan for land development on which is shown existing and proposed topography, location of all buildings, structures, roads, rights-of-way, boundaries and all essential dimensions and bearings.
A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.
[Added 3-6-2019 by Ord. No. 4-2019]
A facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a landfill.[3]
The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, when there is not a ceiling, to the top of the roof rafters.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown on a plat heretofore approved pursuant to law or which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
That line determining the limit of the highway rights of the public, either existing or contemplated. Contemplated rights-of-way shall conform to those indicated in any Official Map or Master Plan of the State of New Jersey, Atlantic County or Egg Harbor Township. In cases of undefined street widths or where existing public rights-of-way are less than 50 feet, the "street line" shall be deemed to be parallel to and 25 feet distant from the street center line as determined by survey.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
A retail establishment primarily selling food as well as other convenience and household goods.
[Added 12-21-2011 by Ord. No. 39-2011]
Any dwelling unit which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by its motive power or other means, or any unit used for temporary living or sleeping purposes, temporarily located in the locality, whether the same is on blocks, posts or any other type of foundation.
Any plot of ground upon which two or more trailer coaches occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.
The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of § 225-50.11E. For purposes of this definition, "exotic species" are those that are not indigenous to North America.
[Added 6-20-2012 by Ord. No. 27-2012]
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. The front setback line shall be synonymous with the rearmost limit of the required "front yard" area.
The open space between the rear property line and the rear setback line and extending between side property lines.
An open, unoccupied space between the side line of the lot and the nearest side setback line and extending in width from the front yard line to the rear yard line or, in the absence of either of such yards, to the street or rear lot lines as the case may be. The depth of a "side yard" shall be measured at right angles to the side line of the lot.
A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and which acknowledges that such use, structure or building complies with the provisions of this chapter.
Editor's Note: See N.J.S.A. 13:18A-5.
Editor's Note: See N.J.S.A. 13:18A-8.
Editor's Note: The definition of "standard subsurface sewage disposal system," which immediately followed this definition, was repealed 6-25-1997 by Ord. No. 25-1997.