A.
Except as previously or hereinafter provided, it shall be unlawful
to locate, relocate, erect, construct, reconstruct, enlarge or structurally
alter any building or structure except in conformity with the regulations
of the district in which such building or structure is located.
B.
Except as previously or hereinafter provided, it shall be unlawful
to use any land or building for any purpose other than that which
is permitted in the district in which such land or building is located.
[Added 12-13-93 by Ord. No. 93-72; amended 8-25-97 by Ord. No. 97-24; amended 8-11-03 by Ord. No. 03-25, moved from § 228-15.1 9-21-15 Ord. 15-16]
A.
The purpose of this ordinance is to reduce traffic congestion, minimize
development problems with neighboring uses and to provide adequate
parking for all uses.
B.
Applications.
1.
For the purpose of this section, "gross floor area" shall mean the
total area of a building measured by taking the outside dimensions
of the building at each floor level intended for occupancy. Areas
used for storage shall be counted within the gross floor area at 50%.
2.
Where fractional spaces result, the parking spaces required shall
be construed to be the next highest whole number.
3.
The approving Board shall determine parking requirements for any
use not listed.
4.
All required parking shall be provided on-site.
5.
All parking areas, in all zones, located in the Township of East
Brunswick shall be landscaped with a minimum of one canopy tree for
every five (5) parking spaces. Such trees shall be planted to shade
the parking area.
6.
Mixed use facilities (except shopping centers) shall provide parking
spaces equal in sum to all the uses of the parcel.
C.
Required Spaces.
Applicant shall conform to the following requirements for on-site
parking for specific uses:
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C. Title 5, Chapter
21)
[Amended 8-25-97 by Ord. No. 97-24]
1.
Residential, Hotels & Motels, Care Facilities.
|
a.
|
Detached Single Family, Two Family, & Three Family
|
2/dwelling unit
|
|
Only driveways and paved parking areas shall count as parking
spaces. Garages shall not count as parking spaces. Driveways shall
be a minimum of twenty (20') feet in length outside of the R.O.W.
For two car driveways, driveways shall be a minimum of twenty (20')
feet in width to allow two cars to park side by side.
| ||
|
b.
|
Residential Developments with Attached Housing Units
|
2.50/unit
|
|
Only driveways and paved parking areas shall count as parking
spaces. Garages shall not count as parking spaces. Driveways shall
be a minimum of twenty (20') feet in length outside of the R.O.W.
For two car driveways, driveways shall be a minimum of twenty (20')
feet in width.
| ||
|
c.
|
Apartments & Flats
|
2/unit
|
|
d.
|
Senior Citizen Housing
|
.5/unit
|
|
e.
|
Motel/Hotel
|
1/room + 1/400 sq. ft. of public meeting area & restaurant
space
|
|
f.
|
Nursing Home
|
1/6 Beds
|
2.
Office and Service Uses.
|
a.
|
Offices
|
1/200 sq. ft. gfa
|
|
b.
|
Banks and Other Financial Institutions
|
1/300 sq. ft. gfa
|
|
c.
|
Personal Service
|
1/200 sq. ft. gfa
|
3.
Retail.
[Amended 8-11-03 by Ord. No. 03-25]
|
a.
|
Convenience Store
|
1/150 sq. ft. gfa
|
|
b.
|
Retail
|
1/200 sq. ft. gfa
|
|
c.
|
Retail/Shopping Centers
|
over 20,000 sq. ft.
4.5/1000 sq. ft. gfa
|
|
d.
|
Lumber Yard
|
1/5000 sq. ft. of storage area +1/250 sq. ft. of retail gfa
|
|
e.
|
Car Dealer
|
1/300 sq. ft. of showroom & office gfa + 4/bay or workstation
|
|
f.
|
Furniture, Appliance
|
1/400 sq. ft. gfa
|
|
g.
|
Gas Station (gas only)
[Amended 9-21-15 Ord. 15-16] |
1.5/pump island
|
|
h.
|
Auto Repair
|
3/service bay
|
|
i.
|
Gas Station with mini-mart
[Added 9-21-15 Ord. 15-16] |
1/150 sq. ft. of mini-mart + 1.5/pump island
|
4.
Food Establishments.
|
a.
|
Restaurant, Bar
|
1/4 seats + 10% of the required spaces
|
|
b.
|
Fast Food Restaurant
|
1/2 seats + 10 spaces
|
5.
Industrial.
|
a.
|
Assembly, Finishing, Manufacturing
|
1/800 sq. ft. gfa
|
|
b.
|
Research, Laboratory
|
1/1000 sq. ft. gfa
|
|
c.
|
Shipping, Warehouse
|
1/5000 sq. ft. gfa
|
6.
Public, Quasi-Public, Places of Assembly.
|
a.
|
Place of Assembly
|
1/3 seats based on maximum seating capacity
|
|
b.
|
Library, Museum, Art Gallery
|
1/300 sq. ft. gfa
|
|
c.
|
Social, Fraternal Clubs
|
1/300 sq. ft. gfa
|
|
d.
|
Funeral Home
|
1/75 sq. ft. gfa
|
|
e.
|
Nursery School, Day Care
|
1 per employee + 1 per classroom
|
|
f.
|
Public, Parochial & Private Schools for Academic Instruction
|
1/classroom + 10% of the required spaces
|
|
g.
|
Business & Other Schools
|
1/classroom seat + 10% of the required spaces
|
|
h.
|
Mausoleums
|
1/175 crypts
|
7.
Recreational Facilities.
|
a.
|
Bowling Alley
|
4/alley
|
|
b.
|
Movie Theater
|
1/4 seats
|
|
c.
|
Tennis, Racquetball, Billiard, Etc.
|
4/court or table
|
|
d.
|
Exercise, Health Clubs, Gyms
|
1/175 sq. ft.
|
|
e.
|
Amusement, Recreation Facilities
|
1/250 sq. ft.
|
|
f.
|
Instructional Studio
|
1/300 sq. ft.
|
D.
Parking requirements - electric vehicle charging stations (EVCS).
Inclusion of electric vehicle charging stations (EVCS) in parking
calculations. Electric vehicle charging stations (EVCS) shall be designed
and provided in compliance with the Building Code. Required automobile
parking spaces may be substituted with designated electric vehicle
charging stations, pursuant to the following:
[Added 4-8-2019 by Ord.
No. 19-06]
1.
Electric vehicle charging equipment (EVCE) and electric vehicle charging
stations (EVCS) shall be considered permitted accessory uses in all
zoning districts.
2.
The electric vehicle charging space shall comply with all standards
for parking areas pursuant to this chapter.
3.
The location of electric vehicle charging stations, and associated
equipment, shall be no closer than 10 feet to a front lot line.
4.
Each EVCS space shall count towards one required parking space for
the purposes of zoning compliance.
E.
Mandatory electric vehicle charging stations. Applicants shall conform
to the following requirements for on-site electric vehicle charging
stations for new developments:
[Added 4-8-2019 by Ord.
No. 19-06; amended 7-12-2021 by Ord. No. 21-17; 12-13-2021 by Ord. No.
21-34]
1.
Commercial development Level 2 charging stations.
a.
Electric vehicle charging stations shall be required based upon
the number of parking stalls being provided:
[1]
0 to 50 stalls require one make-ready parking stall.
[2]
51 to 75 stalls requires two make-ready parking stalls.
[3]
76 to 100 stalls requires three make-ready parking stalls.
[4]
101 to 150 stalls requires four make-ready parking stalls.
[5]
151 stalls and above requires 4% of the stalls be make-ready
parking spaces, 5% of which must be ADA compliant.
b.
EVCS must be installed prior to a final certificate of occupancy
being issued.
c.
A retailer that provides 25 or fewer off-street parking spaces shall
not be required to provide an EVCS.
2.
Multifamily development with five or more units - Level 2 charging
stations.
a.
Provide 15% of the proposed parking spaces as make-ready.
b.
Install charging equipment in 1/3 of the 15% make-ready spaces
as part of initial construction.
c.
Install the remaining charging equipment within six years of receiving
a certificate of occupancy.
d.
Five percent of the make-ready spaces must be ADA compliant.
Nothing in this chapter shall require any change in the plans,
construction, size or designated use of any building, structure or
part thereof for which any building permit has been granted before
November 25, 1958, provided that construction from such plans shall
have started within sixty (60) days of November 25, 1958, and shall
be diligently pursued to completion.
No open space provided around any building for the purpose of
complying with the provisions of this chapter shall be considered
as providing open space for any other building.
[Added 12-11-89 by Ord. No. 89-85; amended 5-31-90 by Ord. No. 90-27]
A.
A seventy-five (75) foot wide landscape buffer shall be required
where a proposed industrial use abuts an existing residential use
or residential zone.
B.
A seventy-five (75) foot wide landscape buffer shall be required
where a proposed residential use abuts an existing industrial use
or industrial zone.
C.
The width of the buffer area shall be measured at right angles from
the abutting property line.
D.
All landscape buffer areas required under this section shall be planted
and maintained with a dense screen of trees, shrubs and evergreens
of such a type and nature as to provide a solid "all season" screen.
Trees and evergreens shall be at least six feet in height upon planting.
E.
[Deleted 5-31-90 by Ord. No. 90-26]
F.
As used in this section "industrial uses" include but are not limited
to trucking/motor freight, warehousing, construction and manufacturing
facilities.
[Added 12-11-89 by Ord. No. 89-85; amended 5-31-90 by Ord. No. 90-27; 7-8-02 by Ord. No. 02-12]
A.
A one hundred (100) foot wide landscape buffer shall be required
where a proposed residential use abuts a railroad right-of-way. The
width of the buffer area shall be measured at right angles from the
property line which abuts the railroad right-of-way.
B.
All landscape buffer areas required under this section shall be planted
and maintained with a dense screen of trees, shrubs and evergreens
of such a type and nature as to provide a solid "all season" screen.
Trees and evergreens shall be at least six feet in height upon planting.
C.
In the SCMXD zone the buffer shall be fifty (50') feet wide for new
buildings.
[Added 7-8-02 by Ord. No. 02-12]
[Added 12-13-2021 by Ord. No. 21-32]
A.
A fifteen-foot-wide
landscape buffer shall be required where a proposed nonresidential
use (other than an industrial use or a railroad right-of-way) abuts
an existing residential use or residential zone.
B.
The
width of the buffer area shall be measured at right angles from the
abutting property line.
C.
All
landscape buffer areas required under this section shall be planted
and maintained with a dense screen of trees, shrubs and evergreens
of such a type and nature as to provide a solid "all season" screen.
Trees and evergreens shall be at least six feet in height upon planting.
[Amended 3-14-77 by Ord. No. 77-8-FFF]
A.
Second dwelling prohibited. In no case shall there be more than one
residential building on each subdivision lot of record.
B.
More than one building on nonresidential lots. With the exception of Subsection A, more than one building may be located on a lot, tract or parcel, provided that development of the lot, tract or parcel shall otherwise comply with all applicable requirements of Township development regulations and ordinances, and further provided that no more than two different uses shall be permitted upon such property unless otherwise allowed by the zoning regulations and ordinances applicable thereto. When more than one building is proposed to be located on any lot, the board considering the application shall ensure that the existing and proposed uses will not overburden the lot nor be detrimental to the public health, safety and welfare. Consideration shall be given to the ability of the lot to handle on site parking; traffic to, from, on and across the lots; traffic patterns on the streets abutting and in the neighborhood of the lot; and to be compatible with existing uses and development on nearby properties in the neighborhood.
[9-21-15 Ord. 15-16]
[Amended 9-25-91 by Ord. No. 91-95; 6-10-92 by Ord. No. 92-18; 2-22-99 by Ord. No. 99-8; 4-9-12
by Ord. No. 12-02; 8-13-18 by Ord. No. 18-18]
An accessory building, structure or use shall be subject to
the following requirements:
A.
Accessory buildings shall not be located in any required front yard
space and must be behind the front wall of the principal structure.
Parking areas in the front yard shall not occupy more than 30% of
the existing front yard.
[Amended 2-22-99 by Ord. No. 99-8; 1-24-2022 by Ord. No. 22-03]
B.
The accessory building or structure shall not exceed one story or
15 feet in height. On any residential lot having an area of 20,000
square feet or more, no accessory building may exceed 750 square feet
in building coverage, and the aggregate building coverage of all accessory
buildings may not exceed 1,500 square feet. On residential lots having
less than 20,000 square feet, the maximum building coverage of any
individual accessory building shall be 550 square feet, and the aggregate
building coverage of all accessory buildings may not exceed 1,000
square feet.
[Amended 2-22-99 by Ord. No. 99-8; 4-9-12 by Ord. No. 12-02; 1-24-2022 by Ord. No. 22-03]
C.
Accessory buildings may be erected as a part of a principal building,
provided that all yard requirements of this chapter for the principal
building are complied with.
D.
Storage and utility sheds of 200 square feet or less shall have a
side and rear yard setback of five feet. If the lot is less than one
acre and is undersized in terms of lot area for the zone it is located
in, the side and rear yard setback shall be two feet. Sheds located
closer than five feet to the property line shall not be greater than
10 feet in height.
[Added 6-10-92 by Ord. No. 92-18; amended 8-13-18 by Ord. No. 18-18]
E.
All impervious surfaces shall be set back five feet from all property
lines. If the lot is less than one acre and is undersized in terms
of lot area for the zone it is located in, the side yard setback shall
be two feet.
[Added 2-22-99 by Ord. No. 99-8; amended 4-9-12 by Ord. No. 12-02]
F.
No person shall park any vehicle in the front yard of any lot on
a residential property except for vehicles parked on an improved driveway
or on a surfaced parking area.
[Added 2-22-99 by Ord. No. 99-8]
G.
Concrete and pavement around an in-ground pool shall be setback five
feet from side and rear property lines.
[Added 4-9-12 by Ord. No. 12-02]
H.
Permanent generators shall be setback five feet from side and rear
lot lines. Generators shall not be located in any front yard.
[Added 9-21-15 Ord. 15-16]
I.
No detached
garage building shall be permitted when space for a garage is already
provided or included within premises attached to a dwelling.
[Added 1-24-2022 by Ord. No. 22-03]
[Amended 2-13-78 by Ord. No. 78-302]
In any district on any corner, no fence, sign or other structure,
planting or other obstruction to vision, higher than two and one-half
(2 1/2) feet above the existing street grade at the center line,
shall be erected or maintained within the line connecting points on
the two street lot lines at a distance of twenty five (25) feet from
the corner.
[Added 6-12-89 by Ord. No. 89-37]
All rooftop equipment shall be architecturally screened from
the view of adjacent properties and streets. Such architectural screening
shall complement the exterior wall finish.
[Amended 9-12-66 by Ord. No. 66-8-F; 9-11-78 by Ord. No. 78-53; 3-10-80 by Ord. No. 80-222; 4-27-81
by Ord. No. 81-344; 4-27-81 by Ord. No. 81-344; 9-14-81 by Ord. No. 81-384; 8-28-89 by Ord.
No. 89-51; 9-24-90 by Ord. No. 90-48; 12-13-93 by Ord. No. 93-76; 11-25-96 by Ord. No. 96-39; 11-22-99
by Ord. No. 99-45; 4-9-12 by Ord. No. 12-02; 9-21-15 Ord. 15-16]
The following shall constitute additional requirements in the
R-1, R-2, R-3, R-4, and R-5, Historic District Residential, Historic
District-Residential/Commercial, Historic District Cluster Residential,
Historic Residential Preservation Zones and Rural Preservation (RP,
RP-1 and RP-3) Zones:
A.
All corner lots shall have an area at least ten percent (10%) greater
than the minimum lot size requirement for the particular zone.
B.
Wherever a residential subdivision or any part thereof borders on
an industrial or commercial zone, the subdivision shall be designed
so that no homes shall face the industrial or commercial zone, and
each lot bordering on such zone shall be twenty-five (25) feet deeper
or twenty-five (25) feet wider than required in the particular zone
in order to provide a buffer strip, which shall be left in its natural
state or suitably landscaped as required by the Planning Board.
C.
Outdoor Parking is prohibited in all residential zones for the following,
subject to the remaining provisions of this ordinance:
1.
All construction equipment, except for that which is stored on a
farm for a recognized agricultural use thereon.
2.
All trucks and trailers, loaded or unloaded, buses, and other commercial
vehicles with linear measurements greater than any one of the following:
20 feet in length, or seven (7) feet in width, excluding rearview
mirrors, or eight (8) feet in height excluding radio antenna, and
all cabs or tractors capable of pulling a trailer. The foregoing is
not applicable to privately used campers and motorhomes. The foregoing
is not applicable to vehicles in the course of making deliveries or
rendering necessary services requested by an adjacent resident nor
is it applicable to vehicles utilized for maintenance or repair of
public utilities or other construction within the public right-of-way.
Trailers intended or used for dwelling space, offices, storage or
any other residential, commercial or industrial purposes are also
prohibited except nothing herein contained is intended to prohibit
the use of trailers for transportation or as construction offices
or for storage of materials and supplies on a job site during the
period of construction. In no event shall more than one commercial
vehicle be permitted to be parked outdoors and in no event shall such
a vehicle be permitted if any of its dimensions exceed those set forth
above with regard to length, width or height.
3.
Auto cab and/or limousines.
D.
No commercially owned or operated limousines and/or auto cabs shall
be garaged or parked over night in a residential zone.
E.
In all developments the following critical areas shall be preserved
as undeveloped open space: wetlands as defined by New Jersey Department
of Environmental Protection and Energy, field verified by an on-site
inspection; significant trees defined as the largest known individual
trees of each species in New Jersey as listed by the New Jersey Department
of Environmental Protection and Energy (NJDEPE) Bureau of Forestry
and large trees which are 90% or more of the diameter of the known
largest tree; lands in the floodplain as defined in NJDEPE in its
Stream Encroachment Manual; steep slopes in excess of twenty-five
(25%) percent as measured over a 10-foot interval unless appropriate
engineering measures concerning slope stability, erosion, and resident
safety are taken to the satisfaction of the Township Engineer; habitats
of rare, threatened or endangered vegetation and wildlife species
as identified on federal or state lists; and historically significant
structures and sites as listed on the federal or New Jersey Registers
of Historic Places.
All site plans, subdivisions and general development plans shall
comply with the following requirements:
1.
Each development plan shall identify and map on-site critical areas.
Such mapping shall depict the location of each critical area in relation
to the proposed development. Each critical area shall be distinguished
graphically and the total acreage of each critical area within each
lot shall be noted.
2.
Critical areas shall be delineated as follows:
a.
Tidal wetlands as defined by N.J.S.A. 13:9A-1 et seq. and as delineated
in the field with the delineation boundary verified in writing by
NJDEPE.
b.
Freshwater wetlands as defined by N.J.S.A. 13:9B-1 et seq. and as
delineated in the field with the delineation boundary verified by
N.J.D.E.P.E. through a Letter of Interpretation, presence/absence
letter or other written communication.
c.
Buffer or transition areas for tidal and freshwater wetlands as required
by N.J.D.E.P.E.
d.
Location of significant trees as determined by field survey indicating
by notes the diameter at four feet and tree species.
e.
Location of the 100 year floodplain boundary and floodway.
f.
Areas of slope exceeding 25% as measured over a 10 foot vertical
change in grade.
g.
The presence of potential habitat on the property of concern or adjoining
properties within 200 feet of rare, endangered or threatened vegetation
and wildlife based on written communication with the New Jersey Natural
Heritage Program. The project site shall be indicated on USGS topographic
quadrangle map by the applicant and the map forwarded to the Natural
Heritage Program requesting information on the potential presence
of habitat for rare, threatened or endangered vegetation and wildlife
species.
3.
Each development shall be designed to protect and prevent disturbance
of Critical Areas during construction and subsequent use of the property.
The following standards shall be adhered to:
a.
Where any yard of a residential development is within a freshwater
wetlands transitional area or tidal wetland buffer area, the required
yard setback shall be maintained between the building or structures
and the transition area/buffer area boundary.(a)=b. All efforts to
preserve significant trees are to be made including, as appropriate,
site redesign, use of tree wells, and other methods as specified in
the landscaping section of this ordinance.
b.
Within the 100-year floodplain only activities permitted by N.J.D.E.P.E.
shall be permitted.
c.
No development, grading or other alteration or disturbance is permitted
in areas with steep slopes in excess of twenty-five (25%) unless such
action is approved by the Township Engineer in view of appropriate
engineering measures concerning slope stability, erosion, and resident
safety which are reflected on the site plan.
d.
If the presence of potential habitat for rare, threatened or endangered
vegetation and/or wildlife species has been identified on-site or
on adjoining properties by the New Jersey Natural Heritage program,
care should be taken during site design to preserve as much of this
habitat as possible and to limit disruptions to habitat on adjoining
parcels.
e.
Wherever and whenever possible, registered historic structures or
sites should be preserved and incorporated into the site design. Alterations
should be kept to a minimum.
F.
Any single family home on a nonconforming lot located in the RP,
RP-2, RP-3, R-1, R-2, R-3, R-4, Historic District-Residential and
Historic District-Residential/Commercial Zones which was lawfully
created before December 15, 1999 may be enlarged or expanded, provided
that the following shall apply
1.
Where the existing lot area is less than 10,000 square feet the following
requirements shall apply:
Minimum Front Yard - twenty-five (25) feet
Minimum Side Yard-one side: five (5) feet, two sides: 20 feet
Minimum Rear Yard-20 feet
2.
Where the existing lot area is at least 10,000 square feet and less
than 15,000 square feet, the following requirements shall apply:
Minimum Front Yard-twenty-five (25) feet
Minimum Side Yard-one side: 10 feet, two sides: 20 feet
Minimum Rear Yard-20 feet
3.
Where the existing lot area is at least 15,000 square feet and less
than one acre, the following requirements shall apply:
Minimum Front Yard-thirty-five (35) feet
Minimum Side Yard-one side: 10 feet, two sides: twenty-five
(25) feet
Minimum Rear Yard-20 feet
G.
Lot Coverage
All residential properties shall not have lot coverage greater
than shown on the following chart:
|
Lot Size
|
Lot Coverage
|
With Attenuation
|
|---|---|---|
|
30,000 sq. ft. or greater
|
25%
|
30%
|
|
10,000 sq. ft. - 29,999 sq. ft.
|
30%
|
35%
|
|
less than 10,000 sq. ft.
|
40%
|
45%
|
Should the impervious coverage of a residential property
be greater than the allowable lot coverage or increased by more than
25% of the existing coverage, then on site stormwater attenuation,
such as drywells or similar device(s) must be provided and approved
within the subject property. Any attenuation will require engineering
calculations.
H.
Any single family dwelling, except in the Historic District Residential
Zone and Historic District-Residential/Commercial District, may construct
a front porch or deck that extends no more than eight (8') feet from
the front wall of the residential dwelling and in no event shall be
closer than fifteen (15') feet to the front property line without
the need for a variance. In the Historic District Residential Zone
and in the Historic District-Residential/Commercial District porches
may extend no more than five (5') feet.
[Added 5-1-00 by Ord. No. 00-11]
A.
Adult day health care facilities shall be permitted in all non-residential
zones.
[Added 12-8-64]
No use shall be permitted in any district, except the heavy
industrial district, which creates danger to life, limb or property
or which emits any objectionable noise, smell, smoke, dust, gas, glare
or effluent.
[Added 9-12-66 by Ord. No 66-8-F; amended 1-23-67 by Ord. No. 67-8-G; 9-30-74 by Ord. No. 74-8-MM; 5-12-80 by Ord. No. 80-249; 5-26-81
by Ord. No. 81-352; 4-22-85 by Ord. No. 85-656; 2-22-99 by Ord. No. 99-8]
All fences erected in the Township of East Brunswick shall be
subject to the following requirements:
A.
A fence permit shall be issued by the Zoning Officer or his/her designee
for all fences, except living fences, erected in the Township.
[Amended 12-12-2022 by Ord. No. 22-29]
B.
No fence erected on or around a lot or parcel of land shall exceed
six (6') feet in height except for industrially zoned properties.
Pre-constructed fences must be installed as close to the ground as
possible. The total height of the fence will not include any sight
undulations of the ground, provided that eighty percent (80%) of the
fence does not exceed the maximum height of six (6) feet.
C.
No fence shall be erected in a front yard of any lot in a residential zone unless the fence is less than fifty percent solid and is no greater than four feet in height; except as provided in Town Code § 228-223, Site Obstructions on Corner Lots. A proposed four foot fence may be more than fifty percent solid if it is set back four feet from the front property line and provides for a planted buffer which shall be installed in front of the fence at the time of installation of the fence. The planted buffer shall consist of compact juniper, forsythia, compact euonymus or approved equal, subject to the approval of the Township Landscape Architect. The plants are to be installed three feet on center and a minimum height of 24 inches at the time of planting.
Fences on corner lots in residential zones may have fencing
in one of the front yards up to 6 feet in height provided the fence
may extend no more than half the distance between the nearest wall
of the dwelling and the front property line nor may the fence extend
beyond the nearest corner of the residence. A planted buffer is required.
D.
No fence shall be constructed with barbed wire or any other sharp
pointed materials.
E.
All fences shall be constructed with the face, or finished side,
away from the property and the structural side toward the interior.
F.
Fences which are painted shall be painted in only one color, harmonious
with the surrounding area. Multicolored fences are prohibited.
G.
Living fences or screening shall be planted no closer than three
feet to the property line. Living fences shall be maintained in a
neatly trimmed condition.
H.
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be blocked or dammed
to create ponding.
I.
Fences in the Planned Industrial Park (P-I) and Industrial/Manufacturing
(I/M) zones may be no higher than eight (8) feet in height.
J.
For fences required around a swimming pool, see § 195-12 of the Code of the Township of East Brunswick.
K.
Fences shall not be erected on the property line without the approval
of the adjacent property owner submitted in writing with the application
for a fence permit.
[Added 1-23-67 by Ord. No. 67-8-G]
Except for single family dwellings, all off street parking areas
shall be paved with macadam or a material of comparable quality, lined,
signed and curbed with concrete curbs, and no vehicle shall park or
be permitted to park on any unpaved portion of the premises. All such
parking lots shall be screened from adjacent residential lots by means
of an evergreen hedge, masonry wall or tight woven fence not less
than four nor more than six (6) feet in height.
[Added 5-8-67 by Ord. No. 67-8-J; amended 9-11-78 by Ord. No. 78-53; 1-11-81 by Ord. No. 81-430]
A.
No private road, driveway or alley shall be constructed, installed
or opened in the Township of East Brunswick without the prior approval
of the applicable municipal agency, if a development application is
pending before such agency, otherwise the Planning Board, whenever
the road, driveway or alley is designed, intended or permits:
B.
Any person desiring to construct, install or open any private road,
driveway or alley of the type set forth above shall file an application
with the applicable Municipal Agency, accompanied by a filing fee
of twenty-five dollars ($25.). The appropriate Municipal Administrative
Officer shall notify the applicant of the date set for the public
hearing, and the applicant shall thereafter publish notice of the
hearing in the official newspaper of the Township at least 10 days
prior to the date of the hearing and serve written notice of the hearing
upon all property owners within two hundred (200) feet of the property
to be affected as provided for in N.J.R.S. 40:55-44. In reviewing
the application and conducting the hearing, the Board shall consider,
among other things, the following items:
(1)
The established traffic pattern in the area.
(2)
The anticipated traffic from the private road, driveway or alley.
(3)
The adequacy of the existing public roads to handle the anticipated
traffic.
(4)
Any safety hazards presented by the design or configuration
of the private road, driveway or alley and the public roads or rights-of-way
with which it connects or with which it intersects.
(5)
The alignment and grade of the road, driveway or alley, provisions
for storm drainage and its effect upon surrounding drainage facilities.
Editor's Note: N.J.R.S. 40:55-44 was repealed by P.L. 1975,
c. 291, and replaced by N.J.R.S. 40:55D-11 through 40:55D-16.
C.
The Board shall grant the permit if it determines that the proposed
private road, driveway or alley would not unreasonably interfere with
the free flow of traffic, seriously overburden the existing public
roads, create a drainage problem, create a safety hazard or substantially
impair the intent and purpose of the zone plan and this chapter. If
the proposed private road, driveway or alley does not meet all of
the standards set forth above, the Board shall deny the application
or, where possible, grant approval on terms and conditions reasonably
calculated to remedy the deficiencies or defects.
D.
Specifically excluded from the provisions of this section are any
private roads, driveways or alleys approved by the Planning Board
as part of any major subdivision or site plan approval.
[Added 7-26-93 By Ord. No. 93-20]
The following standards shall apply to all cemeteries and mausoleums
in the Township of East Brunswick:
A.
Every cemetery and mausoleum shall be required to provide an all
season planted buffer area at least six feet in height and a minimum
of twenty-five feet in width along common boundaries with any residentially
zoned or developed property. Interments, headstones, and driveways
are permitted within the buffer area.
B.
No lighting shall spill onto adjacent property.
C.
Driveways shall be a minimum of 20 feet wide if one way and twenty-four
(24) feet wide if two way to allow vehicle parking.
D.
Parking for mausoleums shall be provided at one space per 175 crypts.
Spaces may be provided in a parking lot or as parallel spaces along
the driveway aisles.
[Added 10-27-71 by Ord. No. 71-8-DD]
All high voltage electrical transmission lines shall be underground.
Aboveground appurtenances and auxiliary facilities shall be permitted,
provided that all other requirements of this chapter are complied
with. High voltage electrical transmission towers are prohibited.
[Added 2-27-84 by Ord. No. 84-560]
A.
Coin operated vending machines which are placed on public sidewalks,
easements and rights-of-way shall be maintained, kept clean and painted
and shall be in good working order. They shall be subject to the Property
Maintenance Code of the Township of East Brunswick. All such machines
shall be weighted and designed so as to be freestanding. In no event
may such machines be chained, tied and/or fastened to light poles,
telephone poles, sign poles or any other fixed structure or object.
All coin operated newspaper machines shall be placed so as not to
create a pedestrian or motor vehicle hazard or impede the safe flow
of pedestrian or motor vehicle traffic. No newspaper vending machine
may be located within fifty (50') feet of a fire plug.
B.
Violations. Any individual or entity which fails to comply with this
Ordinance shall be mailed a notice of non-compliance at the address
indicated on the business or editorial page and will be given nine
(9) days to comply with the Ordinance. In the event that the individual
or entity responsible for the machines does not comply with the Ordinance
within nine (9) days, the Township will remove the machine and contact
the publisher to reclaim it. If the machine has not been removed within
an additional nine (9) days, the Township will dispose of it as it
sees fit.
[Amended 5-13-85 by Ord. No. 85-662]
[Added 12-22-86 by Ord. No. 86-817]
A.
No new single family residential structure (excluding substantial
repair or alteration) and no new multiple-family residence, school,
hospital, nursing home or similar structure, or substantial modification
of such existing structure requiring Planning Board or Zoning Board
of Adjustment action shall be approved for construction if the exterior
sound level anywhere on the site of the proposed structure is projected
to be in excess of 65 dBA Leq or to be in excess of 45 dBA Leq within
the structure, following the estimated completion date of the structure.
B.
At the discretion of the Planning Board or Zoning Board of Adjustment, applicants proposing residential development within 300 feet of a noise generator, such as the New Jersey Turnpike, Route 18 or an industrial zone, may be required to submit a report certifying that the exterior and future interior sound levels will meet the criteria specified in subsection A above. Such report shall contain:
1.
The results of measurements of the exterior sound levels and simultaneous
interior sound levels of any existing structure on the property in
question.
2.
The existing Leq sound levels including identification of the major
sources of sound, for a representative sample of locations, measured
in accordance with guidelines set forth in this ordinance.
3.
Any projected or proposed increases in sound levels which may affect
the projected future Leq at any portion of the site resulting from
site development changes, such as the removal of trees, earthwork,
etc.
4.
Where applicable, plans for sound attenuation measures on the site
and/or of the structure proposed to be built and the amount of sound
attenuation anticipated as a result of these measures.
All tests shall be performed for a representative duration of
twenty-four (24) consecutive hours. All proposed lots and structures
thereon which are part of the development application shall be subject
to the aforementioned tests. This report shall be prepared by a licensed
professional engineer or by an independent testing agency, either
of which shall submit a resume indicating extensive experience in
the acoustical field to the appropriate agency for approval.
In addition, the Township may conduct such inspections and measurements as are necessary to ensure the accuracy of any report submitted pursuant to subsection B and to ascertain compliance with this section. These may include on-site inspections by the Township or by a certified independent testing agency during the course of construction and/or prior to issuance of a certificate of occupancy.
C.
If sound level reports, indicate sound levels exceeding those set forth in Subsection A, development approval shall be withheld.
1.
Necessary standard sound attenuation devices, such as berms, barriers,
landscape plantings, design and placement structures, insulation,
etc. may be utilized to achieve the required sound levels. Such methods
of sound attenuations must be specifically approved by the reviewing
body. In reviewing such methods, the reviewing body shall consider
environment, aesthetics, quality of life, engineering standards, maintenance
problems and maintenance costs.
2.
Cluster developments shall be encouraged in situations where a noise
generating source is within 300 feet. Only 75 percent of the land
area where Leq is in excess of 65 dBA may be counted towards density
in a cluster subdivision.
3.
No residential lot lines shall encroach upon any area where Leq is
65 dBA or greater.
4.
Except as provided in Subsection D, no land shall be designated or approved for construction or use as a public or private exterior recreational area, including, but not limited to, playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts, and swimming pools, if the exterior sound level from external sources anywhere on the site of the proposed recreational area is projected to be in excess of 65dBA Leq now, or as the result of proposed construction or development on the site. Appropriate means of sound attenuation, such as berms, barriers, or buildings, at the perimeter of, or elsewhere on the site, may be utilized to achieve the required sound level. Such methods of sound attenuations must be specifically approved by the reviewing body. In reviewing such methods, the reviewing body shall consider environment, aesthetics, quality of life, engineering standards, maintenance problems and maintenance costs.
D.
Upon completion of the necessary remedial work, a revised sound level report as indicated in Subsection A shall be submitted. Once the sound levels have been reduced to the acceptable standards set forth in Subsection A, development approval may be issued.
This section shall not prohibit the designation or approval
of any green belt or open space in any area in which the sound level
exceed 65 dBA Leq regardless of whether such green belt or open space
is open to public use, provided that no recreational improvement or
facility is constructed thereon.
E.
As a condition of approval, the Planning Board or Zoning Board of
Adjustment shall require the submission of future certified reports
prior to the issuance of certificates of occupancy to verify that
the condition in Subsection 5b has been met. These reports shall contain,
at a minimum, twenty-four (24) hours of sound testing in the bedroom
to determine that the Leq is below the levels established in Subsection
5b, except that the permissible interior night levels shall be reduced
an additional 10 decibels.
F.
Upon issuance of a certificate of occupancy and the transfer of the
property by deed, the property owner of record shall become responsible
for the maintenance of all sound attenuation devices on that property.
The developer shall attach to all contracts of sale a map which
designates all areas within the development where noise levels exceed
65 dBA Leq. The lot subject to sale shall be clearly delineated. Such
map shall be approved by the Township Engineer.
G.
For the purposes of this section, all measurements and designations
of sound levels shall be expressed a percentile of Leq sound pressure
levels unless the Township specifically approves an alternate.
All measurements to determine if sound is within the levels
set forth herein shall be carried out utilizing a sound level meter
which meets the specifications established by ANSI.
[Added 59-11 by Ord. No. 11-08]
A.
Purpose. To regulate the intensity of use in areas of steeply sloping
terrain in order to limit soil loss, erosion, excessive stormwater
runoff, the degradation of surface water and to maintain the natural
topography and drainage patterns of land. The requirements set forth
in this Ordinance are consistent with those found in the State of
New Jersey's Water Quality Management Planning rule (N.J.A.C. 7:15).
B.
Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of waterbodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity,
and the environmental integrity of landscapes.
C.
Applicability. This ordinance shall be applicable to new development
or land disturbance on a steep slope within East Brunswick Township.
D.
DISTURBANCE
IMPERVIOUS SURFACE
REDEVELOPMENT
STEEP SLOPES
Definitions Applicable to Steep Slope Ordinance:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20 percent as measured
over any minimum run of 10 feet. Steep slopes are determined based
on contour intervals of two feet or less.
E.
Designation of Areas. The percent of slope (rise in feet per horizontal
distance) shall be established by measurement of distance perpendicular
to the contour of the slope. The percent of slope shall be calculated
for each two foot contour interval. For example, any location on the
site where there is a one foot rise over a 10 foot horizontal run
constitutes a 10 percent slope; a 1.5 foot rise over a 10 foot horizontal
run constitutes a 15 percent slope; a two foot rise over a 10 foot
horizontal run constitutes a 20 percent slope.
F.
Steep Slope Limits for steep slopes any disturbance shall be prohibited
except as provided below:
1.
Redevelopment within the limits of existing impervious surfaces;
and
2.
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 20 percent or greater slope.
G.
Conflicts and Severability.
1.
Conflicts: All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this ordinance
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this ordinance apply.
2.
Severability:
a.
This section shall be so construed as not to conflict with any
provision of New Jersey or federal law.
b.
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
c.
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
H.
Enforcement, violation and penalties
A prompt investigation shall be made, by the appropriate personnel
of East Brunswick Township, of any person or entity believed to be
in violation hereof. If, upon inspection, a condition which is in
violation of this section is discovered, a civil action in the Special
Civil Part of the Superior Court, or in the Superior Court, if the
primary relief sought is injunctive or if penalties may exceed the
jurisdictional limit of the Special Civil Part, by the filing and
serving of appropriate process. Nothing in this section shall be construed
to preclude the right of East Brunswick Township, pursuant to N.J.S.A.
26:3A2-25, to initiate legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this section shall constitute
a separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
section. Each day a violation continues shall be considered a separate
offense.
Violations and penalties enumerated in § 228-265 shall be applicable to the enforcement of this section.
[Added 2-10-2020 by Ord.
No. 20-04; amended 7-12-2021 by Ord. No. 21-16]
The following are prohibited in all zones within the Township
of East Brunswick:
C.
Cannabis cultivators, cannabis delivery services, cannabis distributors, cannabis manufacturers, cannabis retailers, and cannabis wholesalers, as said terms are defined in Chapter 228, Zoning, § 228-3, Definitions and word usage, and pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16)[1].
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
