ARTICLE V District Regulations
§ 225-26. Supplementation of regulations.

The restrictions, requirements and controls intended to regulate developments and the use of land in each zone are set forth hereinafter and supplemented by other sections of this chapter.

§225-27. CRW Conservation-Recreation-Wetland District and RA Rural Agriculture District. [Amended 725-1979 by Ord. No.19-1979 ; 12-8-1982 by Ord. No.71-1982 ; 4-13-1983 by Ord. No.35-1983 ; 3-11-1992 by Ord. No.8-1992 ; 6-12-2002 by Ord. No.34-2002]

A. Permitted principal uses shall be:

(1) Farming and agricultural operations as defined in this chapter ( § 225-3).

(2) Single-family dwellings.

(3) Churches and other similar places of worship.

(4) Golf courses.

(5) Stables and horse farms as defined in this chapter ( § 225-3).

(6) Private schools, museums, nonprofit clubs, fraternal organizations and volunteer independent fire companies, rescue squads and first-aid squads.

(7) Marinas, subject to all standards, conditions and development regulations of the MC District. [Added 10-12-2005 by Ord. No. 55-2005]

B. Permitted accessory uses shall be:

(1) Uses customary and incidental to the principal uses.

(2) Roadside stands for the sale of produce, primarily raised and produced by the owner of the premises, provided that said roadside stand is located 30 feet from the street line.

(3) Professional home offices, provided that not more than 25% of the gross floor area of the principal building is used for office purposes.

(4) Private garage.

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses shall be:

(1) (Reserved)

(2) (Reserved)

E. Other requirements and regulations shall be:

(1) Site plan requirement.

(2) Sign regulations. See Article VIII.

(3) Off-street parking and loading requirements. See Article VII.

§ 225-28. R-1 Residential Zone.

[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 11-1983; 11-9-1983 by Ord. No. 35-1983; 6-12-2002 by Ord. No. 34-2002]

A. Permitted principal uses shall be:

(1) Same as § 225-27A(1) through (4) and (6).

B. Permitted accessory uses shall be:

(1) Same as § 225-27B(1) through (4).

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses shall be: none. [Amended 3-24-2004 by Ord. No. 14-2004]

E. Other requirements shall be:

(1) Same as § 225-27E.

§ 225-29. (Reserved)

§ 225-30. R-2 Residential Zone.

[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 11-1983; 6-12-2002 by Ord. No. 34-2002]

A. Permitted principal uses shall be:

(1) Same as § 225-27A(1) through (4) and (6).

B. Permitted accessory uses shall be:

(1) Same as § 225-27B(1) through (4).

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses shall be: none.

E. Other requirements shall be:

(1) Same as § 225-27E.

§ 225-31. R-3 Residential Zone.

[Amended 12-8-1982 by Ord. No. 71-1982; 2-24-1993 by Ord. No. 9-1993; 612-2002 by Ord. No. 34-2002]

A. Permitted principal uses shall be:



(1) Same as § 225-27A(1) through (4) and (6).

B. Permitted accessory uses shall be:

(1) Same as § 225-27B(1) through (4).

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses shall be: none.

E. Other requirements shall be:

(1) Same as § 225-27B.

§ 225-32. R-4 Residential Zone.

[Amended 7-25-1979 by Ord. No. 19-1979; 12-8-1982 by Ord. No. 71-1982; 6-12-2002 by Ord. No. 34-2002]

A. Permitted principal uses shall be:

(1) Single-family dwellings.

(2) Churches and other similar places of worship.

(3) Nonprofit clubs, fraternal organizations and volunteer independent fire companies, rescue squads and first-aid squads.

B. Permitted accessory uses shall be:

(1) Uses and buildings customary and incidental to the principal uses.

(2) Professional home offices, provided that not more than 25% of the gross floor area of the principal building is used for office use.

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses shall be:

(1) Multifamily residential subject to Article IX.

E. Other requirements shall be:

(1) Same as § 225-27E.

§ 225-33. R-5 Residential Zone.

[Amended 12-8-1982 by Ord. No. 71-1982; 6-12-2002 by Ord. No. 34-2002]

A. Permitted principal uses shall be:

(1) Same as § 225-32A(1) through (3).

B. Permitted accessory uses shall be:

(1) Same as § 225-32B(1) and (2).

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses shall be: none.

E. Other requirements shall be:

(1) Same as § 225-27E.

§ 225-33.1. R-6 Residential Zone.

[Added 9-13-2000 by Ord. No. 33-2000]

The purpose of the R-6 Residential District is to permit residential development that is compatible with existing development in the waterfront areas of the Township.

A. Permitted principal uses shall be:

(1) Single-family detached dwellings.

B. Permitted accessory uses shall be:

(1) Uses and buildings customary and incidental to the principal uses.

(2) Decks, sheds, pools and other structures that are accessory to the principal building, whether attached or detached from the principal building.

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modification and conditional uses shall be: none.

§ 225-34. R-5 Apartment Residential Zone.

[Added 10-11-1978 by Ord. No. 24-1978] A. Permitted uses shall be:

(1) Same as § 225-32A.

(2) Multifamily residential subject to Article IX.

(3) Planned unit development subject to Subsection D.

B. Permitted accessory uses shall be:

(1) Uses and buildings customary and incidental to the principal uses.

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications shall be:

(1) Planned unit development regulations.

(a) Application procedures. Any application for a planned development shall be made under and in accord with all the regulations and procedures as set forth for a major subdivision and major site plan as set forth in Egg Harbor Township Ordinance No. 17-1977.

(b) Permitted uses shall be:

[1] Residential.

[a] Townhouse dwellings.

[b] Garden apartments.

[2] Nonresidential.

[a] All uses permitted in the RCD and MC Districts.

[b] Motels.

[c] Commercial recreational uses limited to indoor tennis, handball and racquetball courts, movie theaters and health clubs.

(c) Accessory uses shall be uses customary and incidental to the principal use.

(d) Development regulations for planned unit development.

[1] Minimum land area required to qualify for development option provisions: 50 acres. The minimum required area shall include only lands adjacent to each other under single or combined ownership and located within the zone district specified.

[2] Maximum floor area ratio (FAR): 1.0. The floor area ratio (FAR) shall be calculated by the fraction produced dividing the total proposed building floor area by the total acreage of the tract.

[3] Gross density dwellings/acre: 12 per acre. Gross density shall be calculated by multiplying the maximum number of dwelling units permitted per acre times the total acreage of the tract.

[4] Minimum and maximum percent of total FAR permitted for residential use:

[a] Minimum: 40%.

[b] Maximum: 85%.

[5] Minimum and maximum percentage of total FAR permitted for commercial uses: The words "commercial use" shall include all retail and wholesale trade business engaged in the sale and/or service of food, clothing, household goods, appliances and furnishings. Uses commonly known as department stores, banks, theaters, barbershops and beauty shops, delicatessens, grocery stores, markets, restaurants, drugstores, bowling alleys, hotels, motels, boatels and marinas shall also be classified as commercial uses.

[a] Minimum: 10%.

[b] Maximum: 50%.

[6] Minimum and maximum percent mix of permitted residential housing types:

[a] Townhouse unit: 0% to 10%.

[b] Apartment unit: 0% to 100%.

[7] Minimum percent required open space of total area of tract: 50%. Minimum required open space shall include all lands, whether to be in common open space, public facility areas or public areas. Required open space lands shall not include yard areas used for nonresidential purposes and, where access to such yard(s) is closed to the public, land area within the right-of-way of a public or private street and land area between walkways or sidewalks and buildings wherein the principal use of said lands is to provide for pedestrian traffic to and from buildings and parking lots. Open space areas may include portions or all the area of lots, provided that the owners' association is established in accordance with applicable state law or the land is dedicated to the Township in order to ensure permanent establishment and maintenance of the open space area(s).

E. Other standards for residential development.

(1) Townhouse development. A "townhouse development" for purposes of this subsection shall mean a townhouse residential cluster developed as a single entity which has a common or public open space as an appurtenance.

(a) The maximum density for a townhouse residential cluster shall be 12 units per acre.

(b) Minimum setback distance shall be 100 feet from all existing state and county roads or any road other than a local street as designated upon the Master Plan of Egg Harbor Township. The minimum setback from all other public streets shall be 50 feet.

(c) Minimum floor area per unit shall be 750 square feet.

(d) Maximum floor area per unit shall be 1,850 square feet.

(e) Maximum average aggregate per unit floor area of all townhouses shall be 1,400 square feet.

(f) Minimum off-street parking requirements shall be that 1.75 spaces shall be required per unit.

(g) Floor plans for each typical development shall be required.

(2) Standards for multifamily residential buildings and accessory uses which are customarily incidental to said use, such as but not limited to private car garages, swimming pools, recreational areas and incidental structures necessary thereto, management offices and maintenance and storage buildings, shall be:

(a) Minimum frontage.

[1] Minimum frontage shall be 300 feet on an existing perimeter street. For the purpose of minimum frontage, the entire tract submitted as a planned unit development shall be considered.

[2] Minimum frontage, side and rear yard widths; shall be 50 feet. For the purposes of minimum frontage of side and rear yard widths, the entire tract submitted as a planned unit development shall be considered.

(b) Height regulations. Residential structures may exceed 30 feet in height, provided that for each one foot of building height in excess of 30 feet, an additional one foot setback from a property line and/or public perimeter street shall be required.

(c) No basement units are permitted.

(d) Minimum floor area.

[1] No apartment dwelling unit shall have a floor area less than 450 square feet.

[2] No one bedroom dwelling unit shall have a floor area of less than 650 square feet.

[3] No two-or-more-bedroom dwelling unit shall have a floor area of less than 850 square feet.

(e) Floor plans of typical units shall be required. Any room other than kitchen, bathroom, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.

(f) Off-street parking requirements.



[1] No on-street parking shall be permitted on any street, road, thoroughfare, accessway or driveway, whether public or private.

[2] Each parking area shall be adequately lighted either with wall- or post-mounted ornamental fixtures.

(g) Minimum off-street parking requirements shall be 1.5 spaces for each residential dwelling unit.

(h) Recreational requirements. The following recreational requirements shall be met and developed with facilities suitable to serve the residents of the dwelling units. Said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare and any other objectionable features emanating therefrom.

[1] Minimum size of any one recreational area: 10,000 square feet.

[2] Five percent of the gross area shall be developed for recreational purposes.

(i) All projects shall be serviced by public water and sewer utilities.

F. Standards of commercial development.

All commercial site development shall comply with the minimum standards of the HB District, except as modified or supplemented hereafter: [Amended 2-24-1993 by Ord. No. 9-1993]

(1) Total building area used for retail sales shall not exceed 20% of the tract.

(2) No building and off-street parking used for commercial use shall be located within 150 feet of an R-5 Zone line.

(3) Commercial structures may exceed 35 feet in height, provided that for each one foot of building height in excess of 35 feet an additional one foot setback from an R-5 Zone district line and public street line shall be required.

(4) For the purposes of interpreting the minimum standards of the HB District, the entire tract of land submitted for development as a PUD shall be considered as the outer boundaries in relation to the requirements for minimum lot size, minimum required yard depth and minimum percentage of lot coverage.

G. Open space requirements.

(1) In reviewing applications for planned unit development, the Planning Board will require evidence that adequate open space in appropriate locations will be available.

(2) Open space must have safe and convenient pedestrian access.

(3) The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Suitable land equal to the minimum percent of the total gross area as specified herein shall be designated as open space. Such open space shall consist of common open space, public open space, public areas inclusive of pathways and bike trails and public drainageways which shall be established and regulated in conformance with state statute.

(4) Common open space. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.

H. Required land use development staging.

(1) As a condition to preliminary approval of a planned unit development plan, the Planning Board may permit the implementation of the plan in whole or in sections or in stages consisting of one or more sections or stages, under the sequence of actions determined as a part of the development plan. Such sections or stages shall be:

(a) Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development.

(b) Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the development plan.

(c) Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require as will prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the development plan. Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following:

[1] The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions.

[2] Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structures and land improvement increase of taxable values; costs of maintenance and services to be borne by public and private agencies; potential rental scale costs of utility installation; the financial ability of the developer to complete the plan and such other financial considerations as the Planning Board shall deem applicable.

[3] Estimates of its population characteristics such as the size and composition of future population in terms of probable family sizes of the several dwelling unit types; their need for public services and protection, for recreational facilities and for commercial and professional services; anticipated rental scales; and related consideration.



[4] Such further reasonable evidence and fact that the Planning Board may require in order to determine that the objectives and standards set forth herein are met.

[5] Upon finding that the plan and specifications for the proposed development of the section or stage conform to the above conditions, the Planning Board shall so inform the administrative officers as are charged with the issuance of permits for the construction of utilities or structures that upon presentation of requisite working drawings and specifications such permits may be issued. Upon substantial completion of any section or stage, which shall include all performance bonds, covenants and similar instruments to assure such completion, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions and other previous completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for their action and approval. Upon finding that such compliance has occurred, the Board shall begin proceedings for the review of the new section or stage.

[6] As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved development plan to compensate for differences between the estimates of record on previously approved and completed sections or stages as required and the actual conditions prevailing upon their completion. In this regard, consideration may be given to the balance of land uses established consistent with the conditions of the development plan and the extent of variation from the social and economic estimates upon which previous approval may have been based.

(2) Notwithstanding the aforementioned conditions and regulations, the following schedule for land development prevails. Following preliminary approval of the development plan, building permit shall be issued for the development plan in accord with the following;

(a) No building permit shall be issued for more than 25% of the residential units until at least 15% of the total commercial development contemplated by the total development plan has been issued.

(b) Following the issuance of certificates of occupancy for 15% of the total commercial buildings of the development plan, then building permits may be issued for no more than an additional 25% of the total of the residential units of the development plan. No further residential permits shall be issued until an additional 25% of the total contemplated commercial development is constructed, for which certificates of occupancy are issued.

(c) Following the issuance of a certificate of occupancy for the additional 25% of the commercial building area, building permits may be issued for the plan. No further residential permits shall be issued until an additional 35% of the total of the commercial development contemplated has been constructed and for which certificates of occupancy have been issued.

(d) Following issuance of certificates of occupancy for 75% of the commercial areas of the development plan, then the building permits may be issued for the balance of the residential dwelling units of the development plan.

(e) Other standards and conditions of general applicability: street, utilities and other public facilities.

The authority granted to the Planning Board and the Township of Egg Harbor to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be vested in the Planning Board for the purposes of this section.

The Planning Board is hereby authorized to make such modifications of standards and requirements otherwise required of subdivisions as set forth in the Land Subdivision Ordinance of the Township of Egg Harbor as long as such modifications are consistent with the terms of this section, except that the following minimum standards shall apply:

[1] The right-of-way and pavement widths for internal ways, roads and alleys serving townhouse clusters and commercial and industrial developments shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police vehicles and shall be certified thereto by a competent expert or experts licensed under the laws of the State of New Jersey. In such instance, other provisions of this section shall not apply but may serve as general guides to the Planning Board in approving the development plans. Internal private roads shall have a required pavement width as follows:

[a] One-way traffic roads: 20 feet of pavement width.

[b] Two-way traffic roads: 30 feet of pavement width.

[c] Sidewalks shall be at least three feet in width.

[d] Serviceways for public service and emergency vehicles shall be no less than 15 feet in width.

[2] Electrical utility lines. All electric, gas and telephone utility lines shall be installed underground. Prior to the issuance of a building permit, written certification from each serving utility shall be required which shall evidence full compliance with the provisions of this requirement.

[3] In addition to all other standards, conditions or requirements set forth in this section, all site and building plans shall be reviewed by the Planning Board in regard to safety and convenience of traffic access and parking, disposition and usability of open space, compatibility of building types, building construction, floor plans and other factors relating to site design. Said site review will also include site design as it fits in with the general development of the entire development plan area.