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ORDINANCE 2017-17 Amending Definitions in Development Ordinance

ADOPTED: June 20th 2017

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER XIX OF THE BOROUGH CODE ENTITLED “DEVELOPMENT”
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WHEREAS, the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey (the “Borough”) has a comprehensive Master Plan and Development Ordinances implementing that Master Plan; and

WHEREAS, recently a “learning center” was located in a strip mall arguing it was providing “services” as allowed in the Highway Commercial zone; and

WHEREAS, the Borough desires to ensure that schools, including “learning centers” are located in the appropriate areas of town and with appropriate conditions consistent with the Master Plan ; and


NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:

SECTION I.

Chapter XIX of the Borough Code is hereby amended as follows:


Section 19-7.1 entitled “Definitions” shall be amended to include a definition of schools as follows:
“School” shall mean any and all building(s) or portion thereof, used more than 10% of the time for learning, training, or other such services of an educational nature including, but not limited to pre-K, kindergarten, elementary school, high school, and higher education or any combination thereof

SECTION II.

Chapter XIX of the Borough Code is hereby amended as follows:

Section 19-9.4 entitled “GC General Commercial” subsection 19-9.4(a) entitled “Principal Permitted Uses on the Land and in Buildings,” part (1) shall be amended as follows:

The phrase “retail goods and services.” shall be replaced by the phrase “retail goods.”


SECTION III.

Chapter XIX of the Borough Code is hereby amended as follows:

1. In section 19-9.5 entitled “Highway Commercial,” subsection 19-9.5(a), entitled “Principal Permitted Uses on the Land and in Buildings,” part (2) and, section 19-9.7 entitled “MC Marine Commercial,” subsection 19-9.7(a) entitled “Principal Permitted Uses on Land and in Buildings,” part (8) the phrase “retail goods and services including real estate offices” shall be deleted and replaced with the phrase “retail goods.”

2. “Real Estate offices” shall be included in 19-9.5(a) and 19-9.7(a) as a permitted use.

SECTION IV.

Chapter XIX of the Borough Code is hereby amended as follows:

Section 19-9.1 entitled “LR, SF-2 and SF-5 Single Family Residential Districts,” subsection 19-9.1(d) entitled “Conditional Uses” shall be amended by adding a section 19-9.1(d)(2) as follows:

d. Conditional Uses.

1. [No Change]
2. Schools provided that the lot, use and structures shall adhere to the following:
1. The school is located on at least 2 acres of land. Other lot and principle building bulk requirements for the respective zoning district of the proposed use shall prevail.
2. 1 off street parking space is provided for every 25 students.
3. A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and building.
4. Accessory buildings shall be located no closer than 20 feet to the rear or side property lines. No accessory building shall be permitted within the required front yard setback or the front building line of the principle building, whichever is greater.
5. All interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building.
6. A minimum of 100 square feet per rated building capacity of outdoor space devoted to recreational use shall be provided and shall be entirely fenced or otherwise protected from hazards, traffic and driveways.
7. Basement areas shall not be utilized for child care, classrooms or recreational purposes.
8. All loading and unloading of children shall take place on site and not in the right-of-way of a public street.
9. No temporary or permanent residential dwelling facilities shall be provided in a school, child-care center, nursery school or day-care center.
10. The use shall be licensed by the Department of Education and/or the Division of Youth and Family Services, New Jersey Department of Human Services and any other County, State or Federal agency having jurisdiction thereof as appropriate

SECTION V.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION VI.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION VII.
This Ordinance shall be subject to review and recommendation by the Borough Planning Board in accordance with N.J.S.A. 40:55D-26.


SECTION VIII.
The County Planning Board shall be provided notice of this proposed ordinance in accordance with N.J.S.A. 40:27-6.10.



SECTION IX.
This Ordinance shall take effect immediately upon its final passage and publication as required by law and filing with the Ocean County Planning Board.


Approved this ___ day of ________, 2017:


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Borough of Point Pleasant Beach
Stephen D. Reid, Mayor




NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 30th day of May, 2017 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 20th day of June, 2017 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published May31, 2017 | New Ordinances | 2580


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