A. Certification of foundation.
Upon completion of the foundation of any building authorized by any permit and prior to approval of said foundation, the holder of such permit shall provide the Construction Official with a survey prepared by a New Jersey licensed surveyor which shows the top of block elevation and the distance of the foundation from each property line. No further construction of the structure is to commence until such time as the elevation and location of the foundation have been approved by the Construction Official, or his designee.
B. As-built certification.
Upon completion of the erection or alteration of any building authorized by any permit and prior to occupancy or use, the holder of such permit shall notify the Construction Official of such completion. Permit holders completing new construction shall submit to the Zoning Officer certification from a licensed New Jersey licensed surveyor demonstrating compliance with approved finished floor and site grading, height limitations, front, side and rear yard setbacks and building coverage as set forth by this chapter, or any modification of these limitations by variance granted by the Planning Board or Zoning Board of Adjustment.
If at the time of the enactment of this chapter any building is being used or any building is being constructed or altered and is completed within three months thereafter, in a manner or for a purpose which does not conform to the requirements of this chapter, but which is not prohibited by any other existing ordinance of the Township, such use, manner or purpose may be continued, nor shall any change of the title or of right to possession affect such continuation of an existing use.
No lot hereafter may be used and no building or part thereof hereafter may be erected, constructed, reconstructed, moved, extended, converted, altered, maintained or used except in conformity with the provisions of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building declared unsafe or unlawful by the Zoning Officer or other duly authorized Township officials.
A. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
B. All yard areas facing on a public street shall be considered as front yards and shall conform to the minimum front yard requirements for the particular zone.
C. Where a building lot has frontage upon a street, which on the Master Plan or Official Map of the Township of Egg Harbor or in the official plans of Atlantic County or of the State of New Jersey is contemplated for right-of-way widening, the required front yard shall be measured from such proposed future right-of-way.
D. The width of any lot measured at the front property line coexistent with a street line shall be no less than 2/3 of the minimum required lot width as set forth in the schedule.
E. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard, provided that the total area of all such porches, which extend into such yards, does not exceed 1,000 square feet. [Added 6-8-1994 by Ord. No. 25-1994]
A. An accessory building attached to the principal building shall comply in all respects with the yard requirements of this chapter in respect to the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and shall conform to the yard requirements in respect to accessory buildings as set forth in the schedule.
B. No garage that is an accessory use to a residential building in any zone shall be used for living quarters wherein said garage is detached from the main living quarters of the main house.
A. No lot shall have erected upon it more than one principal single-family residential building. In the Pinelands Area, no more than one principal use shall be located on any one lot, except for forestry, agriculture, fish and wildlife management and recreational development on agricultural lands. [Amended 7-14-1993 by Ord. No. 30-1993]
B. (Reserved)
C. The area of a lot shall include only land areas above mean high tide sea level. Further, no land area within a public right-of-way, regardless of deed description, shall be included as part of the lot area.
D. All land classified as floodplain and/or tidelands as shown on United States Department of Agriculture Soils Surveys of Egg Harbor and/or Department of Environmental Protection Water Policy Maps shall require Environmental Protection Agency development approval prior to issuance of a building permit for affected lands.
E. All private schools, as defined herein by
F. Prior to the issuance of a permit for the erection of any building or structure, the permit applicant must demonstrate to the satisfaction of the Construction Official that the lot abuts a public street which meets the requirements of N.J.S.A. 40:55D-35. In addition, such street shall have been certified to be suitably improved in accordance with 94-46 of the Egg Harbor Township Code for a distance which corresponds to the required minimum lot width for the zone in which the lot is located, or to the driveway for the proposed structure, whichever is greater. In lieu of the street improvement, the applicant may post a performance guaranty in accordance with N.J.S.A. 40:55D-35 to ensure the required road improvements. [Added 5-102000 by Ord. No. 16-2000]
A. The limitations on signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or Township government, or agency thereof, nor to any "no trespassing" sign erected in accordance with the applicable statutes of the State of New Jersey.
B. The limitations on sign location and area as set forth by this chapter for the business and light industry zones shall not apply to parking lot markers, directional signs and entrance and exit signs which are erected on the premises, provided that each such sign does not exceed two square feet in area and does not contain any advertising of the use on the premises, and further provided that the number and location of said signs are approved by the Planning Board.
[Added 10-11-2006 by Ord. No. 51-2006]
The following provisions shall not apply to the required screening of storage or similar areas for business or industrial uses:
A. The installation of any fence, except for a living hedge, shall require the submission of an application and procurement of a permit from the Zoning Officer in accordance with the requirements of this section.
B. All applications for a fence permit shall be accompanied by a drawing of the proposed fence design which meets the following standards and provides the following information:
(1) The drawing shall be neatly and accurately drawn at an appropriate scale of not more than 20 feet to the inch.
(2) The drawing shall show all dimensions and shall be clearly labeled.
(3) The drawing shall include the location of any and all underground utilities on the affected property.
C. Fences may be erected, altered or reconstructed to a height not to exceed four feet above ground level when located within 25 feet of a right-of-way. When located more than 25 feet from a right-of-way, fences shall not exceed a height of six feet.
D. Fences located within 25 feet of a right-of-way shall be constructed in such a manner as to provide at least fifty-percent open space.
E. Fences on lagoon properties shall be constructed with fifty-percent open space for a minimum distance of at least 15 feet from any bulkhead or rear property line along the side line or side yard of any residential lot so as not to obstruct the view of the lagoon. The entire rear line or rear yard fence shall also be fifty-percent open. All living fences and hedges shall adhere to the above-stated fifteen-foot side line regulations and shall not be constructed (planted) in a continuous manner.
F. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet above ground level anywhere within a public park, public playground, school premises or commercial zone.
G. All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon adjacent properties or public rights-of-way. Fence gates shall be designed to prevent the open swing of the gate from encroaching upon adjacent properties or public rights-of-way.
H. All fences must be constructed with the face, or finished side, away from the property and the structural side toward the interior of the lot(s) on which it is erected.
I. All fencing shall be in conformance with the requirements for visibility at intersections listed in
J. Living fences, hedges or screen plantings shall be planted no closer than three feet to a property line and shall be maintained in a neatly trimmed condition on the property so planted.
K. All fences and walls shall be maintained in a safe, sound and upright condition.
L. If the Zoning Officer, upon inspection, determines that any fence or portion thereof is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence repaired or removed within 30 days of the date of the written notice.
M. Fencing may not be erected in any yard if it acts to inhibit access to Township fire, police and emergency medical services.
N. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
O. These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms and farm operations except insofar as such fences might affect the public safety.
P. Temporary fences such as snow fences, expandable fences, collapsible fences, canvas and cloth fences may be permitted upon a determination by the Zoning Officer that such fencing is necessary to inhibit the dispersal of airborne material during construction activity.
Q. The following fences are prohibited in all residential districts except when constructed as per Subsection O above:
(1) Barbed wire.
(2) Razor wire.
(3) Electric.
(4) Other similar type fences.
At the intersection or interception of two or more streets, no new hedge, fence or wall, other than a single post or tree not exceeding one square foot in cross-section area, which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining points each 25 feet distant from said intersection along said street lines.
Commercial uses in the business zones may display goods for sales purposes or store goods for sale on the premises outside of the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall not encroach upon any of the required yard areas or the required off-street parking areas for the zone in which located, and further provided that the area set aside for such outdoor selling or storage shall not exceed an area equal to the gross area of the ground floor of the principal building. In calculation of the percentage area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a zoning permit. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary zoning permit.
A. No horse training corral or barnyard for the keeping or training of riding horses for hire shall be permitted to be located or established within 250 feet of any existing private dwelling not located on the lot used for the aforesaid purposes, the further provided that no more than two horses per acre shall be pastured or stabled at the premises.
B. Keeping of horses shall be permitted as an accessory use in the RA, R-1, R-1 (PUD) and R-2 Residential Districts. No more than two horses per acre shall be permitted on such parcel of land, and further provided that no horses shall be permitted on a lot of less than 20,000 square feet.
C. The keeping of horses, cows and sheep on a lot whose principal use is a single-family dwelling shall be permitted in any zone, provided that the lot area is 40,000 square feet or more, except as permitted in
The following uses and activities are specifically prohibited in all zones of Egg Harbor Township:
A. The use of a lot in any zone primarily for the storage of bulk oil or gasoline above the ground.
B. The business of selling used lumber, building materials and defunct motor vehicles or parts thereof; the storage of used lumber and building materials. [Amended 12-23-1996 by Ord. No. 42-1996]
C. Junkyards, automobile wrecking yards or disassembly yards or the sorting or baling of scrap metal, paper, rags or other scrap material.
D. Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration or waste products.
E. Gravel pits or sand mines.
F. Dismantling of motor vehicles and/or machinery by burning.
G. Piggeries or the business of raising pigs.
H. The manufacture of explosives, volatile chemicals or any uses which would produce similar hazard or nuisance, such as but not limited to the following industrial uses:
Abattoir Acetylene gas manufacture and/or storage
Acid manufacture (hydrochloric, nitric, acrid, sulfuric, sulfonic, carbolic)
Ammonia, bleaching powder or chlorine manufacture
Arsenal
Asphalt manufacture or refining
Blast furnace
Blooming mill
Celluloid manufacture
Coal distillation
Coke ovens
Creosote treatment or manufacture
Dead animal and offal reduction
Distillation of bones, coal, petroleum, refuse grain or wood
Distillation of tar
Explosives, fireworks and gun powder manufacture or storage
Fat rendering
Fertilizer manufacture
Forge plant
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal
Lime, gypsum, plaster of paris manufacture
Oil cloth or linoleum manufacture
Ore reduction
Petroleum or kerosene refining, distillation or derivation of by products and/or storage
Potash works
Rolling mill
Rubber treatment or reclaiming plant
Signs or similar devices which move or have moving parts or moving lights or any light or part simulating movement
Steel furnace
Stockyards
Use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered
