[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 111983; 11-9-1983 by Ord. No. 35-1983; 7-26-2000 by Ord. No. 31-2000]
A. It has been determined that there is a need for housing projects located and designed to meet the special needs and habits of older people, to be known as "planned adult communities (PAC)."
B. Occupancy and housing standards.
(1) For the purposes of this section, an "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 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 RG-2 through RG-5 Zones of the Township subject to the following conditions: [Amended 3-24-2004 by Ord. No. 14-2004]
(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 after the subtraction of all designated wetland, buffer areas or areas to be utilized for stormwater management.
(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. The Planning Board may elect to receive an in-lieu recreation fee in accordance with
(3) The maximum number of units permitted for the adult community in the RG-1, RG-2, RG-3, RG-4 and RG-5 Zones shall be equal to the number of base units permitted for the tract pursuant to the zoning in effect at the time of decision. Additional units may be included through the purchase of Pinelands development credits in accordance with the requirements of
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 in accordance with
(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 PAC 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 Township Master Plan.
[Added 11-25-1987 by Ord. No. 55-1987]
A. Declaration and findings of policy; scope.
(1) Whereas, sexually oriented businesses are a serious hazard to the public health, welfare, safety and quality of life; and whereas, sexually oriented businesses have a demonstrable deleterious effect on both the existing businesses and surrounding residential areas; and whereas, sexually oriented businesses create an atmosphere which is inimical to the values of this significant segment of the Township's population; and whereas, sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the surrounding area, now, therefore, it is the policy of the Township of Egg Harbor to regulate sexually oriented businesses, to protect the public health, welfare and safety and the quality of life.
(2) This section shall apply to the regulation of sexually oriented businesses within the limits of the Township of Egg Harbor.
B. Definitions.
As used in this section, the following terms shall have the meanings indicated:
ADULT ARCADE - Any place to which the public is permitted or invited wherein coin-operated or slug operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE - A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET - A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL - A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:
(1) Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER - A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER - A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
COMMERCIAL DISPLAY - The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere. NUDITY or
A.STATE OF NUDITY - The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
OBSCENE MATERIALS - The definition of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, Section 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2) as the same shall be from time to time amended or supplemented, as well as in accordance with or not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
PERSON - An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS - An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES - Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) Masturbation, actual or simulated.
(4) Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3).
C. Location of sexually oriented businesses.
(1) A person violates this section if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(a) Places of worship.
(b) Any school, whether public or private.
(c) A boundary of a residential district as defined by the Township of Egg Harbor Land Use Ordinance.
(d) Any other sexually oriented business.
(2) Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use or another sexually oriented business.
D. Development standards.
(1) Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township of Egg Harbor, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.
(2) Parking shall be provided at a ratio of one square foot of parking for every square foot of building area. Such parking shall be paved, striped and appropriately marked and otherwise complying with all existing requirements for off-street parking plan and design standards. In addition, all parking spaces shall be linked in an internal circulation system with one access and one egress point to and from the subject's site. No parking shall be allowed within the buffer area designated in this section.
(3) All off-site improvements, such as curbs, gutters, sidewalks, drive approaches and street trees shall be provided as required by the Planning Board.
(4) The interior of the bookstore or adult facility shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular stations.
(5) Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours.
(6) Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic; and such displays shall be considered signs.
(7) No loudspeakers or sound equipment shall be used for adult bookstores, adult motion-picture theaters or adult mini-motion-picture theaters, as defined herein and shall be evaluated subject to the following controls:
(a) Minimum site size. The minimum site size shall be two acres, with a minimum width of 400 feet.
(b) Lot coverage. Coverage of the lots by the principal building shall not exceed 5% of the total site area.
(c) Building height. Maximum height of the building shall not exceed 2 1/2 stories or 35 feet.
(d) Buffer area. At a minimum, and except where otherwise noted, there shall be a buffer area of 100 feet around the entire perimeter of this site. This area shall be landscaped with a double alternating row of evergreen trees, six feet in height at time of planting, spaced eight feet on center. Such trees shall augment natural landscaping. In the event that natural landscaping is not available around the site, then additional landscaping shall be provided in the form of another alternating row of evergreen trees as prescribed herein.
(e) Building setback. The principal building shall be set back 150 feet from any road or front property line.
(f) Signs. The sign identifying the subject property shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to lettering indicating the name and address of the facility only.
[1] The sign shall be applied flat against the 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. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited. However, backlighting of the principal sign may be permitted.
[2] No temporary signs made of paper, cardboard, canvas or other similar material, banners, etc., are permitted.
[3] No signs or billboards shall be placed on the roof of any buildings.
(g) All trash, refuse, articles or any matter to be disposed of shall be shredded or cut in such a fashion so that the remains shall not be readable, legible or discernible.
(h) Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:
[1] In the construction of all walls and partitions in all rooms or booths, material of not less than one hour fire-resistant time shall be used.
[2] All aisles in such establishment shall be less than 50 inches in width.
[3] The light level in such establishments shall not be less than 10 footcandles at floor level.
[4] In every room of such establishments, there shall not be fewer than two lighted exits within the constant and unobstructed view of the occupants, which exits shall lead directly to the outside of such building.
(i) Single use. No building, premises, structure or other facility that contains any adult establishment shall contain any other kind of adult establishment. No building, premises or structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult establishment.
E. Use regulations.
(1) No person under the age of 18 shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.
(2) Hours of operation shall be no earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually oriented businesses shall be closed on Sundays.
(3) No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business.
F. Enforcement.
(1) Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person violating this section, upon conviction, receive a fine below the amount of $100.
(2) Each day a sexually oriented business is operating in violation of any provision of this section shall be deemed a separate offense under this section.
