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AN ORDINANCE OF THE TOWNSHIP OF BERKELEY AMENDING CHAPTER
XXXV ENTITLED “LAND DEVELOPMENT” OF THE REVISED ORDINANCES OF
THE TOWNSHIP OF BERKELEY, SECTIONS 35-96.1, 35-106.5, AND 35-128.
March 24, 2009
BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF BERKELEY, COUNTY OF OCEAN AND STATE OF NEW JERSEY,
TO AMEND CHAPTER 35 OF THE REVISED GENERAL ORDINANCES OF THE
TOWNSHIP OF BERKELEY ENTITLED “LAND DEVELOPMENT,” SECTIONS 3596.1, 35-106.5, AND 35-128, as follows:
SECTION 1. § 35-96.1
a.
RURAL ZONES: R-400, R-400A, R-400 PRRC.
Permitted Uses.
1.
Detached single-family dwelling for residential purposes, together with its
accessory structures.
2.
Home occupations.
3.
Professional offices, provided that when such office is part of a residence, there
remains in the living quarters the minimum habitable floor area as required by this
chapter.
4.
Churches, including parish and educational buildings.
5.
Public buildings of a governmental or educational nature, schools, public parks,
and playgrounds.
6.
Essential services.
7.
Campgrounds pursuant to the requirements of Section 35-128.
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35-96.1A Conservation/Residential Zone.
The purpose of this Conservation/Residential Zone is to provide for low density, detached
single-family residential development in a manner that will: (1) reduce sprawl development; (2)
promote stream corridor, wetlands and critical habitat preservation; (3) encourage reduced
coverage to maintain ground and surface water quality and to prevent other degradation of water
quality resulting from the development of surrounding land areas; and (4) to reduce detrimental
impact of non-point pollution emanating from residential development on the Cedar Creek,
Barnegat Bay, and various waterways and tributaries draining into these bodies of water.
a.
Permitted Uses.
1.
Detached single-family dwellings for residential purposes, together with its
accessory structures.
2.
Home occupations.
3.
Churches and houses of worship.
4.
Public buildings of a governmental nature, schools, public parks, playgrounds,
and municipal golf courses.
5.
Essential services.
6.
Fish and wildlife management.
7.
Public service infrastructure.
8.
Community residences for the developmentally disabled.
9.
Boatyards and marinas.
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10.
The real property known as Block 1409.03, Lots 1 through 12 and 14 through 17,
Block 1409.02, Lot 1 and Block 1409.01, Lots 1 through 3 formerly known as
Block 1409, Lot 3.02 adjacent to Serpentine Drive east of Route 9 shall be
rezoned to be located in the Conservation/Residential Zone.
11.
Campgrounds pursuant to the requirements of Section 35-128
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SECTION 2. §35-106.5 Rural Highway Business Zone
a.
Permitted Uses
1. All uses permitted in Neighborhood Business Zone.
2. Small retail and commercial centers
3. Personal service establishments.
4. Business and professional offices, including medical offices
5. Restaurants and eating establishments.
6. Boat sales and showrooms not in conjunction with a marina may be permitted, provided
that the following standards and conditions are complied with.
a.
Outdoor storage of inventory shall not be stored closer than twenty-five (25) feet
to a right-of-way line or side or rear lot line and not closer than ten (10) feet to a
building.
b.
If adjacent to a residential zone or existing residential use, a twenty-five foot wide
buffer area shall be provided. Said buffer areas shall consist of evergreen
plantings and/or screen fencing capable of providing appropriate screening of the
operations of the lot from adjoining residential uses and districts.
c.
One (1) parking space shall be provided for each two hundred (200) square feet of
gross floor area.
7. Churches and houses of worship, parish houses, convents and cemeteries.
8. Campgrounds pursuant to the requirements of Section 35-128.
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SECTION 3. §35-128 entitled “Supplementary Requirements for Campgrounds” shall
be created as follows:
§35-128 Supplementary Requirements for Campgrounds>
Campgrounds, where listed as a permitted use in this Ordinance, shall comply with the following
supplemental requirements:
35-128.1 Definitions - The following words and terms, when used in this
Section, shall have the following meanings unless the context clearly indicates otherwise:
CAMPER - A portable structure, which is self-propelled or mounted on or towed by another
vehicle, and which is designated and used for temporary living for travel, recreation, vacation.
Camper does not include mobile homes.
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CAMPSITE - A place used or suitable for camping on which a temporary shelter such as a tent
or camper may be placed and occupied on a temporary and seasonal basis.
CAMPGROUND - A plot of ground upon which two (2) or more campsites are located,
established or maintained for occupancy by camping units of the general public as temporary
living quarters for children or adults, or both, pursuant to the provisions and limitations of
Section 35-128.7 of this Ordinance, for recreation, education or vacation purposes
CAMPING UNIT - Any tent or camping vehicle located temporarily on a campsite, or a cabin,
lean-to or similar structure established or maintained and operated in a campground as
temporary living quarters for children or adults, or both, for recreational, educational or
vacation purposes, but not including any camping unit kept by its owner on land occupied by him
in connection with his dwelling or any camping unit which is not occupied and which is kept at a
campground for storage purposes only at a location reserved for the storage of such camping
units.
FIFTH WHEEL TRAILER - means a recreational vehicle designed to be towed by a
motorized vehicle containing a towing mechanism mounted above or forward
of the tow vehicle’s rear axle.
MOTOR HOME - means a recreational vehicle built on or permanently attached to a selfpropelled motor vehicle chassis, chassis cab or van that is an integral part of the
completed vehicle.
OWNER - means the person or persons having legal authority to permit the occupancy of a
public campground by campers.
PARK TRAILER - means a recreational vehicle that is built on a single chassis mounted on
wheels and certified by the manufacturer as complying with the American National
Standards Institute standard A119.5. (See American National Standard Institute’s Recreational
Vehicle Industry Association, 1896 Preston White Drive, Reston, VA 22090.)
RECREATIONAL VEHICLE - means a vehicular-type unit primarily designed as temporary
living quarters for recreational camping or travel use. The vehicle shall have either its own
motive power or be mounted on or towed by another vehicle. Recreational vehicles include, but
are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel
trailers, and truck campers.
RESPONSIBLE PARTY - means a person who is 18 years of age or older, who shall be
accountable to the public campground owner for the actions of all campers in his or her party.
TRAVEL TRAILER - means a recreational vehicle designed to be towed by a motorized
vehicle containing a towing mechanism which is mounted behind the tow vehicle’s bumper.
TRUCK CAMPER - means a recreational vehicle consisting of a roof, floor, and sides,
designed to be loaded onto and unloaded from the bed of a pickup truck.
35-128.2 Access
Each public campground shall have convenient access for the entry and exit of traffic from the
public highway.
35-128.3 Service roads and parking areas
(a) Service roads within a public campground shall permit convenient and safe movement of
traffic. Service roads, constructed after July 15, 1996, shall have a width of at least 10 feet per
traffic lane and eight feet per parallel parking lane. Curves on such service roads shall have a
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minimum internal radius of 25 feet. Turnabouts shall be provided for all dead-end driveways
over 100 feet in length. Turnabouts designed for recreational vehicles shall have a minimum
internal radius of 25 feet.
(b) Service roads and parking areas shall be maintained free of potholes, dust nuisance, and
safety hazards.
35-128.4 Campsite location
(a) Campsite shall be located at least 50 feet from any public highway right-of-way.
(b) Campsites shall be located at least 10 feet from any property line.
35-128.5 Campsite layout
(a) Each campsite shall be well-drained, with no pooling of water, and shall provide sufficient
open and graded space for the accommodation of camping units.
(b) Each campsite shall provide parking space for an automobile which space shall not interfere
with the convenient and safe movement of traffic.
(c) Unless necessary to meet the requirements of this chapter, trees, underbrush, large rocks and
vegetative cover shall be left intact, in order to ensure privacy,
facilitate drainage, prevent erosion and preserve the scenery.
(d) Ancillary recreation facilities, such as ballfields, canoe/kayak storage and launching
facilities, swimming pools, tennis courts, etc. are permitted in accordance with the provisions of
Article XV, Site Plan Approval.
35-128.6 Campsite density and area
(a) The minimum tract size for a campground shall be eight acres. The tract may be located in
multiple zoning districts, provided that the campground use is permitted in each zoning district
within which the minimum tract area is located.
(b) Density shall not exceed 200 persons and 20 campsites per acre, inclusive of service roads,
toilet buildings, and all other buildings.
(b) Each campsite shall consist of a minimum of 900 square feet, including the parking space.
35-128.7 Campsite occupancy
(a) The public campground owner shall require the responsible party to register prior to
occupancy and to provide the following information:
1. The name of the responsible party;
2. The permanent address of the responsible party;
3. The make and model of vehicle, state of vehicle registration, and vehicle license tag number;
4. The number of persons in the party;
5. The length of stay;
6. The signature of the responsible party; and
7. Permanent home telephone number.
(b) Public campgrounds shall not be used for the purpose of domicile or residence. The public
campground owner shall take such measures as are necessary to prevent the use of any camping
unit within a campground for domicile or residence.
(c) Policies and procedures shall be established by the public campground owner to effectively
implement the provisions of this chapter. Such policies and
procedures shall be reflected in all lease agreements.
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SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court or federal or
state agency of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions hereof.
SECTION 5. All ordinances or resolutions or parts of ordinances or resolutions
inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 6. Pursuant to the provisions of law, this Ordinance shall take effect twenty
(20) days after its passage by the Township Council and approval by the Mayor, where
such approval is required by law. Any prior Township capital improvement shall be
ordained in compliance with this ordinance and site plan or subdivision requirements are
waived.
SECTION 7. A certified copy of the within Ordinance be forwarded by the Township
Clerk to the following:
1.
2.
3.
4.
5.
6.
7.
Mayor and Council Members
Business Administrator
Township Attorney
Planning Board Members
Zoning Board Members
Township Engineer
Township Planner
_________________________________
ANNE M. WOLFF, Council President
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