21-46A.7 SITE LIGHTING AND ILLUMINATION PLAN

A Site Lighting and Illumination Plan shall be submitted in sufficient detail to evaluate its conformance with standards and requirements of this Chapter. The plan shall include the following:

A. an accurate, scalable drawing of the site with all outdoor light fixture locations clearly depicted and accurately dimensioned relative to property boundaries, buildings, curb lines walks, etc.

B. complete specifications for all light fixtures depicted upon the plan including, for each fixture type, its manufacturer, model, shape, dimensions, color(s), lamp type, wattage, rated initial light output in lumens, reflector and lens types, illumination distribution pattern, shielding, etc. (note: the plan shall depict or be accompanied by manufacturer's catalogue information, brochures, drawings, etc., for each fixture type specified)

c. mounting pole shape(s), material(s), height(s), color(s), finish(s) and foundation details

D. mounting heights, mounting detail(s), tilt angle(s), and orientation(s) for all light fixtures

E. a photometric plan providing outdoor horizontal illumination levels, in footcandles, upon the points of a 10' x 10' calculation grid superposed upon pavement areas and pedestrian ways of the site as well as upon site boundaries

F.a tabulation, or tabulations, demonstrating compliance of the plan with the "Standards for Outdoor Illumination", 21-46A.6D of this Chapter where sites having physically and/or functionally disjoint areas shall require a separate tabulation for each such area; and, illumination levels upon lawn/landscape areas and/or upon, or outside of, the boundary of the project shall not be included in determinations of tabulated values

G. any and all supplemental, or other, information necessary to demonstrate adequacy of the design proposal as well as its compliance with the requirements of this Chapter including, without limit, product manufacturers catalogue information and/or specifications, strength/stability analyses of pole-mounted installations for anticipated wind and soil conditions, etc.

21-47 Landscaping Regulations.

The intention of these requirements is to enhance the aesthetic and environmental appeal and character of buildings and sites being developed within the municipality by insuring the compatibility of uses, thereby maintaining the health, safety, and general welfare of the community while preserving property values. In addition to "enhancing aesthetic and environmental appeal", landscaping is also located to mitigate adverse environmental impacts as well as to provide true site amenities on a particular site; i.e., screening of winter winds, blocking of afternoon summer sun. These considerations make for a better place to live and work in, not only to look at.

21-47.1 General Regulations for All Zones.

a. Landscaping Required. All areas in a development not used for construction of buildings, roads, accessways, parking or sidewalks shall be fully landscaped in accordance with the regulations of this chapter.

b. Minimum Landscaped Area Required. In all zones a minimum of 25% required landscaped area shall be provided on every site. Required landscaped area shall be calculated by subtracting any required buffers and undeveloped wetlands or floodplains, which are not within the required buffer areas, from the total lot area, and multiplying the remaining lot area by .25. The Municipal Agency shall have the authority to determine its distribution, but 30% of all required front yards shall be landscaped.

In calculating landscaped areas, the areas of plazas, open pedestrian shopping malls, sitting areas, swimming pools, and ornamental pools and fountains shall be included. Conventional sidewalks and similar paved surfaces shall not be included.

c. Minimum landscaped area along property lines.

1. A minimum 25' wide landscaped area shall be provided along all front property lines and public streets, except entrance walks and access drives. The 25' shall be measured from the proposed right-of-way line as designated in the Master Plan. This requirement shall apply to all uses in all zones except:

(a)Where a building is located closer than 25' to a front property line. In such instances, all areas directly between the building and the front property line must be landscaped, with the exception of entrance walkways. The minimum 25' landscaped area shall be required for all other portions of the front yard except entrance drives.

(b)Where any building in a C-1 Zone is located closer than 8' to a front property line no landscaping is required between the building and property line. The minimum 25' landscaped area shall be required for all other portions of the front yard except entrance drives and walks.

2. A minimum 10' wide landscaped area shall be provided along all side and rear property lines, except for single family residences, and furthermore except:

Where a building is located closer than 10' to a side or rear property line. In such instances, all areas directly between the building and the property line must be landscaped, with the exception of entrance walkways. The minimum 10' landscaped area shall be required for all other portions of the side and rear yard.



3. Along all public streets, landscaping within 10' of the proposed right-of-way line, or within 15' of the proposed curb, whichever is more restrictive, shall consist of sod only. This requirement shall not apply to any permitted use in a C-1 Zone nor to any single family residence in any zone.

d. Buffer Requirements.

1. Where any Multi-family or Townhouse residential use abuts a single family residential use, a minimum buffer area of 100 feet shall be provided on the multi- family or townhouse site.

2. Required buffer on residential "thru" lots. On any residential thru lot, a minimum 10' wide buffer shall be required along the street frontage at the architectural rear of the building if the street is classified as other than a minor street in the Master Plan. The buffer shall comply with the standards for a buffer as set forth in this chapter.

3. Abutting any Residential Zone. In all zones where commercial, office or industrial zone lines abut a residential zone, a buffer shall be established in the non-residential zone as follows:

C-1 5 feet

C-2 50 feet

C-3 25 feet

C-4 100 feet

I-1 150 feet

O-1/20 5 Feet

O-1/40 50 feet

O-1/80 100 feet

O-2 100 feet

Where any property in an R-3 Zone abuts a developed property in an I-1 Zone or a street which defines the zone boundary of the I-1 Zone, no new single family residence shall be permitted unless a buffer is provided along the residential property line within the R-3 Zone. Where such a buffer is required, the minimum buffer along any street line or rear yard of a proposed residence shall be 40' and the minimum buffer in any side yard shall be 30'. All required setbacks of the principal buildings shall be measured from the nearest point of the required buffer. Such buffers shall include a 6' high solid architectural fence in addition to the required buffer planting. If located along a street line, the required 6' high fence shall be set back a minimum of 20' from the street line and shall not be subject to the Ordinance height limitations regarding a fence in a front yard. In the case of a major subdivision where the property line abuts a street which serves as an I-1 Zone boundary, the required buffer area shall remain continuous along the frontage of the entire tract, and no street or driveway shall be constructed which provides direct access to the existing street which serves as the zone boundary.

4. In any residential zone, where any non-residential use abuts an existing single family residence or undeveloped residentially zoned property which is not part of a previously approved and constructed residential development, and where no buffer requirements are otherwise established for that use, a minimum buffer of 50' shall be established.

5. No improvements can be made within a required buffer other than fencing, berming, and planting in accordance with this chapter.

6. Clearing or Grading Buffer Areas. Areas required for buffers shall not be cleared or graded prior to development approval as outlined in the Land Use Procedures portion of this chapter.

e. Mulching Material. All planting beds shall be covered with a plastic or similar material to prevent weed growth. Mulching material such as wood chips or pine bark shall be placed on top of this material to a depth of at least four inches. The use of stone or any other artificial material in planting beds is specifically prohibited.

f. Design. Landscape plans shall be required for all Site Plans and shall only be prepared under the supervision of and signed by a Certified Landscape Architect, except for single and two-family homes, where no plan is required.

g. Landscaping Within a Street Right-of-way. In all zones, no groundcover, trees, shrubs, stone, or mulch shall be permitted within a street right-of-way. Only sod shall be permitted within the right-of-way.

21-48 Fence and Hedge Regulations.

21-48.1 Purpose.

The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property. All fences and walls over three feet in height shall require a permit. The Municipal Agency shall have the authority to waive or regulate fences at their discretion.

21-48.2 Intersections.

Within the required sight triangle at the intersection of two or more streets no wall, fence, hedge or other structure shall be erected to a height in excess of two and one-half feet above curb level, nor any other obstruction to vision shall be permitted.

21-48.3 Height.

Except as otherwise permitted in this chapter, on any lot in any residential, commercial, or office district, the single or combined height of any wall or fence shall not exceed four feet in the required front yard nor more than six feet in the required side or rear yards. In an industrial zone, the single or combined height of any wall or fence shall not exceed four feet in the required front yard nor more than eight feet in the required side or rear yards.

In any zone, the height of any hedge or the combined height of any wall/hedge shall not exceed four feet in the required front yard. The hedge height in any side or rear yard is not limited.

The combined height of a wall, fence or hedge shall be measured from the base of the wall to the top of the fence or hedge if a wall, fence, or hedge are located closer than ten feet to each other in the same required yard. Exceptions to this height restriction include:

a. Tennis court fences shall have a maximum height of twelve feet provided that they are located in a side or rear yard and provided that they are located no closer than ten feet to a property line.

b. Swimming pool fences may have a maximum height of five feet in a front yard provided that they are located a maximum of fifteen feet from the nearest point of the pool surface and are not located within any sight triangle at any street intersection or driveway.

21-48.4 Prohibited Fences.

a. No fence in a residential zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.

b. No solid architectural fences or slatted chain link fences 3' in height or greater shall be permitted around tennis courts or within a front yard in any zone. A picket fence will be considered a solid fence if the openings between the slats are less than the width of the slats.

21-48.5 Maintenance.

In any zone, walls or fences erected shall be maintained in an aesthetically pleasing manner and any failure to do so shall be subject to the construction official's order to repair or replace the wall or fence in order to meet the requirements of this chapter.

21-48.6. Swimming Pool.

There shall be a fence of a type approved by the construction official not less than four feet high completely enclosing any below-ground swimming pool, any above ground swimming pool four feet in height or greater, and any other swimming pool of 100 square feet of surface water area or more and which is less than four feet above the ground. Each gate in a pool fence shall be self- closing and capable of being locked when not in use.

21-48.7 Finished Side.

The finished side of all fences shall be on the outside facing away from the lot on which it is erected.

21-48.8 Public Property.

The restrictions provided for in this section shall not apply to any premises owned by the Township, but any fence or wall or other such structure erected by the Township of Ocean to protect and secure Township owned property shall be subject to an informal review by the Ocean Township Planning Board prior to the erection thereof.

21-49 Performance Standards

21-49.1 Purpose.

As a condition to approval and as a condition to continuance of any business or building, process, installation, production or other use in any zone, the applicant shall supply evidence, satisfactory to the construction official or to his designated representative, that the proposed building, process, installation, production or other use will conform fully with all of the applicable performance standards. As evidence of compliance, the construction official may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The construction official may require that specific operation procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.

21-49.2 General Regulations.

No use shall be established, maintained or conducted that will cause any of the following:

a. Atmospheric Pollutants. Dissemination of toxic or noxious smoke, fumes, gas, dust, odor or any other atmospheric pollutant into the air to such a degree as to be detrimental to the health and welfare of residents in the area, as determined by State, regional and local requirements.

b. Waste Material. Discharge of any waste material whatsoever on the site or into any watercourse except in accordance with State, regional and local requirements.

c. Glare, Vibration and Noise. Dissemination of glare, vibration, and/or noise beyond the immediate site on which such use is conducted and in accordance with this chapter establishing noise performance and vibration standards.

d. Hazards. Hazard by reason of fires, explosion, radiation or similar cause to property in the same or adjacent zones. Safeguards for the health and safety of workers shall comply with all applicable regulations and requirements of the State Department of Labor and Industry.

e. Examination of Applications. All applications shall be examined by the municipality in regard to the effect of the proposed use upon the public health of the residents and the surrounding area in respect to any potential pollution of air, ground water, or ground resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use. A written report indicating the conformance with or violation of the performance standards shall be submitted to the construction official.

21-49.3 Liquid Wastes.



No liquid wastes shall be discharged directly or indirectly into any watercourse in the municipality, except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply the following:

a. Certification in writing by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable State laws and regulations; and

b. Certification in writing by the Municipal Engineer approving the installation of such facilities.

21-49.4 Storage and Waste Disposal.

No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard, or which might be edible or otherwise attractive to rodents or insects shall be stored indoors in appropriate containers adequate to eliminate such hazards.

21-49.5 Industrial Wastes.

No industrial waste shall be discharged into the public sewage collection and disposal system unless the Municipal Engineer and the appropriate sewerage authority shall have first investigated the character and volume of such waste and shall have certified in writing that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said authorities including the pre-treating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH, and other methods of improving such wastes prior to discharge, as a condition to acceptance by the said authorities.

21-49.6 Additional Standards and References.

In order to satisfy itself that the applicant will comply with all of the applicable performance standards, the Municipal Agency or its designated representative may examine and refer to any or all of the available standards, codes, regulations and requirements, including but not necessarily limited to:

a. Laws, regulations and codes administered by the New Jersey State Department of Health.

b. Laws, regulations and codes administered by the New Jersey Department of Labor and Industry.

c. State of New Jersey Uniform Building Code.

d. Applicable standards of the United States Public Health Service.

e. Applicable standards of the Bureau of Mines, United States Department of the Interior.

f. Laws, regulations and codes administered by the New Jersey Department of Environmental Protection. If there is a conflict of the foregoing with local codes, the more restrictive shall apply.

g. Applicable property maintenance code or codes.

21-50 Approval Required for Conditional Uses.

A conditional use is a permitted use only as specified by this chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the Planning Board. It shall be submitted and distributed in the same manner as prescribed for all applications in Land Development Procedures portion of this Land Development Ordinance.

21-51 Standards for Approval of Conditional Uses.

The following standards apply to conditional uses as permitted in specific zones. Where conditional use standards of this section conflict with standards of any other section of this Ordinance, the conditional use standards shall govern. Where no specific conditional use standard is stated for a specific conditional use, the intent of this Ordinance is that the appropriate standard for the zone within which the use is located shall apply. (For example, if no side yard setback requirement is listed under this section for a specific conditional use, then the side yard setback standard for the zone within which the site is located shall apply.)

21-51.1 Government Buildings and Services.

Government buildings such as municipal buildings, libraries, and schools shall provide the Planning Board with the following:

a. A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.

b. Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the proposed use or the satisfactory and convenient provision of service to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devises will be provided and that sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.