[Amended 11-12-91 by Ord. No. 91-111; 6-10-92 by Ord. No. 92-19; 4-22-96 by Ord. No. 96-8; 1-25-99
by Ord. No. 99-4; 2-27-06 by Ord. No. 06-06; 5-9-11 by Ord. No. 11-05; 4-9-12 by Ord.
No. 12-02]
For the purposes of this Ordinance, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural and person(s) shall also mean other legal entities. All definitions in Chapter 228, Zoning, shall also apply to this Ordinance.
The Director of Planning & Engineering or Designee unless
a different township official or officials are designated by this
chapter as defined elsewhere or by state statute.
[Amended 1-25-99 by Ord. No. 99-4]
A person submitting an application for development.
The application form and all accompanying documents required
of an applicant by ordinance for approval of a subdivision, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to this chapter.
The Planning Board of the Township of East Brunswick, unless
a different agency is designated by this chapter, when acting pursuant
to the authority of this chapter.
The Board established pursuant to Section 56 of the New Jersey
Municipal Land Use Law. Also known as the Zoning Board of Adjustment.
[Amended 5-9-11 by Ord. No. 11-05]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or a major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat; provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for any lack of such additional
information or any revisions in accompanying documents so required
by municipal agencies. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency,
and shall be deemed completed as of the day it is so certified by
the Director of Planning & Engineering or designee for purposes
of the commencement of the time period for action by the municipal
agency.
[Amended 1-25-99 by Ord. No. 99-4]
Includes all testimony, other agency approvals, bonds and
all requirements stated in the resolution of approval.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization
therefor by the Planning Board.
[Amended 5-9-11 by Ord. No. 11-05]
Those that are used by heavy-duty traffic and which permit
no access from abutting property.
[Added 5-9-11 by Ord. No. 11-05]
Development other than planned development or cluster development.
A composite of the Master Plan for the physical development
of Middlesex County with the accompanying maps, plats, charts and
descriptive and explanatory matter, adopted by the County Planning
Board pursuant to N.J.R.S. 40:27-2 and N.J.R.S. 40:27-4.
The Middlesex County Planning Board.
Calendar days.
A parcel or parcels of land or an area of water or a combination
of land and water, within the site designated for a planned unit residential
development or cluster development and designed or intended for the
use or enjoyment of residents and owners of the planned unit residential
development or cluster development. Designated open space may contain
such complementary structures and improvements as are necessary and
appropriate for the benefit and enjoyment of residents of the planned
unit residential development or cluster development.
The person appointed by the Director of Planning & Engineering
to perform a specified function or duty assigned to such administrative
officer by this chapter.
[Amended 1-25-99 by Ord. No. 99-4; 5-9-11 by Ord. No. 11-05]
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
[Added 2-27-06 by Ord. No. 06-06]
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two (2) or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to law.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions, as well as for drainage and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
[Added 2-27-06 by Ord. No. 06-06]
The East Brunswick Environmental Commission appointed by
the Mayor pursuant to Chapter 3-94.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
[Added 2-27-06 by Ord. No. 06-06]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The official action of the Planning Board taken on a preliminary
approved development plan after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guarantees properly posted for
their completion, or an approval conditioned upon the posting of such
guarantees.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The Township Council of the Township of East Brunswick.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Real property, man-made structures, natural object or configuration
or any portion or group of the foregoing which have been formally
designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
A created surface that prevents or impedes the absorption
of stormwater into the ground, including but not limited to brick,
stone, concrete, asphalt or building rooftops, placed on the land
to occupy, facilitate passage, recreation or decoration. Retaining
walls are included as an impervious surface.
[Added 2-27-06 by Ord. No. 06-06; amended 4-9-12 by Ord. No. 12-02]
The process by which water seeps into the soil from precipitation.
[Added 2-27-06 by Ord. No. 06-06]
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter or whose right to use, acquire or enjoy property under this
chapter or under any other law of this state or of the United States
has been denied, violated or infringed by an action or a failure to
act under this chapter.
Includes improvements and fixtures on, above or below the
surface.
[Amended 5-9-11 by Ord. No. 11-05]
Those used to provide access to abutting property and to
discourage through traffic.
[Added 5-9-11 by Ord. No. 11-05]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Wherever this phrase is used, it includes but is not limited
to housing at the least or lowest cost possible and feasible, conforming
to state and federal definitions for low-and moderate-income housing,
consistent with minimum standards of health and safety.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit, and cash.
[Amended 6-10-92 by Ord. No. 92-19]
Those which are used primarily for heavy local and through
traffic.
[Added 5-9-11 by Ord. No. 11-05]
Those which carry traffic from minor streets to the major
thoroughfares, including the principal entrance streets of a residential
development and streets for circulation within such a development.
[Added 5-9-11 by Ord. No. 11-05]
Any "development" or "redevelopment" that provides for disturbance
of one quarter (1/4) or more acres of land. Disturbance for the purpose
of this rule is the placement of impervious surface or exposure and/or
movement of soil or bedrock or clearing, cutting, or removing of vegetation.
[Added 2-27-06 by Ord. No. 06-06]
Any subdivision not classified as a minor subdivision.
Those which are parallel or adjacent to controlled access
highways or arterials and which provide access to abutting properties
and protection from through traffic.
[Added 5-9-11 by Ord. No. 11-05]
A composite of one (1) or more written or graphic proposals
for the development of the municipality as set forth in and adopted
pursuant to this chapter.
The chief executive of the Township of East Brunswick.
Those with signals at important intersections and stop signs
at side streets, and which collects and distributes traffic to and
from collector streets.
[Added 5-9-11 by Ord. No. 11-05]
Those which are used primarily for access to the abutting
properties.
[Added 5-9-11 by Ord. No. 11-05]
A development plan of one or more lots which (1) proposes
new development within the scope of development specifically permitted
by ordinance as a minor site plan; (2) does not involve planned development,
any new street or extension of any off tract improvement which is
to be prorated pursuant to this code; and (3) contains the information
reasonably required in order to make an informed determination as
to whether the requirements established by ordinance for approval
of a minor site plan have been met.
[Amended 5-9-11 by Ord. No. 11-05]
A subdivision of land for the creation of not more than 3
lots; provided that such subdivision does not involve (1) a planned
development, (2) any new street; or (3) the extension of any off tract
improvement the cost of which is to be prorated pursuant to this code.
The East Brunswick Planning Board or Zoning Board of Adjustment
or the Township Council when acting pursuant to this chapter.
The Township of East Brunswick.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
[Added 2-27-06 by Ord. No. 06-06]
The map, with changes and additions thereto, adopted and
established from time to time by resolution of the Board of Chosen
Freeholders of Middlesex County pursuant to N.J.R.S. 40:27-5.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
[Amended 2-27-06 by Ord. No. 06-06]
Not located on the property which is the subject of a development
application nor on the closest half of an abutting street or right-of-way.
[Amended 2-27-06 by Ord. No. 06-06]
Located on the lot in question and excluding any abutting
street or right-of-way.
[Amended 2-27-06 by Ord. No. 06-06]
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
[Amended 2-27-06 by Ord. No. 06-06]
Any parcel or area of land and/or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of land.
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit and cash.
[Amended 6-10-92 by Ord. No. 92-19]
Any individual, corporation, company, partnership, firm,
association, East Brunswick Township, or political subdivision of
this State subject to municipal jurisdiction to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 2-27-06 by Ord. No. 06-06]
An area of a minimum contiguous size, as specified by ordinance
to be planned and developed as a single entity according to a plan,
containing one (1) or more residential clusters or planned unit residential
developments and one (1) or more public, quasi-public, commercial
or industrial areas in such ranges of ratios of nonresidential uses
to residential uses as shall be specified in the Zoning Ordinance.
An area of a minimum contiguous size, as specified by ordinance
to be planned and developed as a single entity according to a plan,
containing one (1) or more residential clusters, which may include
appropriate commercial, public or quasi-public uses all primarily
for the benefit of the residential development.
The East Brunswick Planning Board established pursuant to
this chapter.
A map or maps of a subdivision or site plan.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, ground waters or surface waters of the
State, or to a domestic treatment works. "Pollutant" includes both
hazardous and nonhazardous pollutants.
[Added 2-27-06 by Ord. No. 06-06]
The conferral of certain rights pursuant to the applicable
sections of this chapter, prior to final approval, after specific
elements of a development plan have been agreed upon by the proper
reviewing authority and the applicant.
Architectural drawings, prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
The majority of the full authorized membership of a municipal
agency.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
[Added 2-27-06 by Ord. No. 06-06]
An area to be developed as a single entity, according to
a plan, containing residential housing units which have a common or
public open space area as an appurtenance.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
The alteration of any streets or establishment of any new streets
within any subdivision previously made and approved or recorded according
to law, but does not include conveyances so as to combine existing
lots by deed or other instrument.
A solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, ice, wind or gravity as a product of erosion.
[Added 2-27-06 by Ord. No. 06-06]
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The Lot or lots upon which a major development is to occur
or has occurred.
[Added 2-27-06 by Ord. No. 06-06]
A development plan of one (1) or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices; a narrative statement signed by the applicant and
sworn to before a notary public or attorney of the State of New Jersey,
setting forth the intended use of the property; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
All unconsolidated mineral and organic material of any origin.
[Added 2-27-06 by Ord. No. 06-06]
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
[Added 2-27-06 by Ord. No. 06-06]
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
[Added 2-27-06 by Ord. No. 06-06]
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
non-stormwater discharges into stormwater conveyances.
[Added 2-27-06 by Ord. No. 06-06]
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
[Added 2-27-06 by Ord. No. 06-06]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
Which is an existing state, county or municipal roadway; or
Which is shown upon a plat heretofore approved pursuant to law;
or
Which is approved by official action as provided by this chapter;
Which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulder, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two (2)
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
[Amended 1-25-99 by Ord. No. 99-4]
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five (5) acres or larger
in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order including, but not limited
to, judgment of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one (1) or more adjoining lots, tracts or
parcels of land, owned by the same person or persons and all which
are found and certified by the Director of Planning & Engineering
or designee to conform to the requirements of this chapter and are
shown and designated as separate lots, tracts or parcels on the Tax
Map of this township. The term "subdivision" shall also include the
terms "resubdivision" and "reverse subdivision."
[Amended 1-25-99 by Ord. No. 99-4]
When used herein, shall be construed to refer to all Articles and sections of the East Brunswick Township Land Use Ordinance, together with those sections of Chapters 132, 192, 228 and 49 which have not been specifically repealed by the enactment of this chapter, unless otherwise specified.
[Amended 5-9-11 by Ord. No. 11-05]
A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
[Added 2-27-06 by Ord. No. 06-06]
The time it takes for runoff to travel from the hydraulically
most distant point of the watershed to the point of interest within
a watershed.
[Added 2-27-06 by Ord. No. 06-06]
Previously developed portions of areas: (1) Delineated on
the State Plan Policy Map (SPPM) as the Metropolitan Planning Area
(PA1), Designated Centers, Cores or Nodes; (2) Designated as CAFRA
Centers, Cores or Nodes; (3) Designated as Urban Enterprise Zones;
and (4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
[Added 2-27-06 by Ord. No. 06-06]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Permission to depart from the literal requirements of a zoning
ordinance which may be granted pursuant to this chapter.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Added 2-27-06 by Ord. No. 06-06]
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
All definitions contained in this chapter which are contrary
to or inconsistent with the foregoing definitions are hereby repealed.
