Politics & Government

Brick Ordinance Regulating School Construction in Residential Zones Passes

New regulations apply to both public and private schools

The Brick Township council has passed an ordinance that closely regulates and places restrictions on where schools – public or private – can be built within the township.

The land use ordinance, adopted last week, places restrictions on school construction and classifies a school as a conditional use in a residential neighborhood. Previously, schools were an allowed use in residential areas.

"Any school that’s coming in, public or private, will have to comply with the conditions set forth," said Township Attorney Kevin Starkey.

Brick's ordinance was adopted as Jackson Township officials continue to be mired in public outcry and threats of legal action over the proposed construction of an Orthodox Jewish high school in a residential neighborhood.

In practice, the Brick ordinance would prevent schools from being operated in most residential neighborhoods through a number of regulations.

"There are substantial conditions that need to be met," and a person seeking to build a school without meeting those conditions would likely need to apply for a use variance before the township zoning board, said Starkey.

Use variances traditionally are the most difficult variances to receive.

The new ordinance limits schools to be built on a lot at least two acres in area with at least 200 feet of lot frontage. It disallows the principal building of any such school to be constructed within 40 feet of a public street or a neighboring property.

A school building will be allowed to cover no more than 30 percent of a lot and impervious coverage cannot exceed 70 percent of the lot. Schools must also provide off-street parking at a rate of 1.5 spaces per classroom and 1 space per senior class student.

Finally, schools will be prohibited from having their main access way or frontage on what is known as a "lower order street" under state codes, essentially any street that is only designed to handle low traffic volume.

The ordinance was passed unanimously by the township council.

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