Township of West Windsor, NJ Titles, Purposes, Establishment of Districts; General Conditions

This Part 4 is adopted pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.), and subsequent amendments and supplements thereto, in order to promote and protect the public health, safety, morals and general welfare,

§ 200-141 Application, implementation and enforcement.

The application, implementation and enforcement of this Part 4 shall be accomplished as prescribed in Article XXXII, Administrative Procedures.

§ 200-142 Establishment of zoning districts.

[Last amended 7-12-2021 by Ord. No. 2021-12]

The Township of West Windsor is hereby divided into the following zoning districts, differentiated according to use, area and bulk requirements, to be designated as follows:

District		Description
RR/C	Residence	Rural residential/conservation
R-1/C	Residence	Low-density residential/conservation
R-1A	Residence	Low-density residential
R-2	Residence	Low-density residential
R-30	Residence	Low-density residential
R-30A	Residence	Low-density residential
R-30B	Residence	Low-density residential
R-30C	Residence	Low-density residential
R-30D	Residence	Low-density residential
R-24	Residence	Low-/medium-density residential
R-20	Residence	Low-/medium-density residential
R-20A	Residence	Low-/medium-density residential
R-20B	Residence	Low-/medium-density residential
R-3	Residence	Low/medium-density residential
R-3A	Residence	Affordable housing
R-3.5	Residence	Medium-density residential
R-4	Residence	Medium-density residential
R-4A	Residence	Affordable housing
R-4B	Residence	Affordable housing
R-5	Residence	High-density residential
R-5A	Residence	High-density residential
R-5B	Residence	Affordable housing
R-5C	Residence	Affordable housing
R-5D	Residence	Affordable housing
PRN-1	Residence	Planned residential neighborhood
PRRC	Planned Residential Retirement Community	Retirement community/affordable housing
PRRC-1	Planned Residential Retirement Community	Retirement community/affordable housing
RRC	Residential Retirement Community	Retirement community/affordable housing
PMN	Residence/Business	Planned mixed use neighborhood/affordable housing
PMN-1	Residence/Business	Planned mixed use neighborhood/affordable housing
R-1/O	Residence	Residence office
B-1	Business	Limited convenience center
B-2	Business	Neighborhood center business
B-2A	Business	Neighborhood center business
B-3	Business	Retail node
B-4	Business	Planned retail village center
P	Business	Professional office
P-1	Planned Village Center	Small-scale village center
P-3	Business	Professional office, residence
ROM-1	Industrial	Research, office, limited manufacturing
ROM-1A	Industrial	Research, office, limited manufacturing
ROM-2	Industrial	Research, office, limited manufacturing
ROM-3	Industrial	Research, office, limited manufacturing
ROM-4	Industrial	Research, office, limited manufacturing
R&D	Industrial	Research and development
ROR	Industrial	Research, office, recreation
RO	Industrial	Research, office
RO-1	Industrial	Research, office
E	Educational
EH	Residence	Elderly housing
RP-1 of the Princeton Junction Redevelopment Plan
RP-2 of the Princeton Junction Redevelopment Plan
RP-3 of the Princeton Junction Redevelopment Plan
RP-4 of the Princeton Junction Redevelopment Plan
RP-5 of the Princeton Junction Redevelopment Plan
RP-6 of the Princeton Junction Redevelopment Plan
RP-7 of the Princeton Junction Redevelopment Plan
RP-8 of the Princeton Junction Redevelopment Plan
RP-9 of the Princeton Junction Redevelopment Plan
RP-10 of the Princeton Junction Redevelopment Plan
RP-11 of the Princeton Junction Redevelopment Plan
RP-11-Overlay of the Princeton Junction Redevelopment Plan
RP-12	Residence/Affordable Housing
RP-Penns Neck	Redevelopment Plan	Route 1 Penns Neck Business Commercial

§ 200-143 Zoning Map.

[Last amended 7-12-2021 by Ord. No. 2021-12]

The boundaries of said zoning district is hereby established as shown on the Zoning Map, Township of West Windsor, dated February 22, 2021, and revised through July 12, 2021, which, with all explanatory matter thereon, is hereby adopted and made part of this Part 4. An official copy of said Map, indicating the latest amendments, shall be kept up-to-date in the office of the Land Use Manager for the use and benefit of the public and shall have the most current revision date shown thereon. The Zoning Map for that shall be the official reference as to the current zoning classification of the land within the boundaries of the Township of West Windsor.

§ 200-144 Interpretation of district boundaries.

In determining the boundaries of districts shown on the Map, the following rules shall apply:

Along transportation rights-of-way lines and waterways. Where district boundaries are indicated as approximately following the center lines of streets, highways, street lines or highway right-of-way lines, waterways or railroad rights-of-way or such lines extended, such center lines shall be construed to be such boundaries.

District lines parallel to streets. Where district boundaries are so indicated that they are running parallel to the center lines or street lines of streets, such district boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.

Vacation of streets. Whenever any street or public way is vacated by official action, the zoning districts adjoining the side of such public way shall be automatically extended to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts. In general, where the vacated right-of-way is bounded on either side by more than one district, the former center line of such right-of-way shall determine the extension of each district.

District lines divide lot. In the event that a district boundary line divides one or more lots, other than as provided in Subsection E below, then the district boundary line shall be utilized in all area, bulk, yard, buffer and any other dimension requirements in this Part 4.

District lines parallel to lot lines of record. In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

[Amended 10-25-1982 by Ord. No. 82-48]

Map dimensions. In all other cases where dimensions are not shown on the Map, the location of boundaries shown on the Map shall be determined by the Zoning Officer by application of a scale thereto.

Determination of doubtful lines. In cases of uncertainty or disagreement as to the true location of any district boundary line, the determination thereof shall be by the Board of Adjustment.

§ 200-145 Effect of establishment of districts.

Following the effective date of this Part 4:

Any use not permitted by this Part 4 shall be deemed to be prohibited.

Where the provisions of this Part 4 impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Part 4 shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Part 4, the provisions of such statute, other ordinance or regulation shall be controlling.

Every principal dwelling structure and its accessory structures, except as otherwise provided for under planned residential neighborhood development, shall be built upon a lot with frontage upon a street.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

§ 200-146 Right to farm.

[Added 12-13-1982 by Ord. No. 82-52]

The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use everywhere in the Township of West Windsor, regardless of zoning designation and regardless of specified uses and prohibited uses set forth elsewhere in this Part 4, subject only to the restrictions and regulations for intensive fowl or livestock farms and subject to Township health and sanitary codes and Chapter 170 of this Code, regulating the cutting of trees for the direct benefit of land developers. The right to farm as it is used in this section includes the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides, all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. This right to farm shall also include the right to use land for grazing by animals, subject to the restrictions for intensive fowl or livestock farms. The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular farming, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Saturdays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.

[Amended 4-19-1999 by Ord. No. 99-07: 2-27-2006 by Ord. No. 2006-02]

It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the benefits from farming to the neighborhood and community and to society in general by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in West Windsor Township and in New Jersey as a source of agricultural products for this and future generations.

§ 200-147 Conditional uses.

[Amended 2-25-1985 by Ord. No. 85-1]

Uses listed as a conditional use in a particular district may be permitted by the Planning Board only if it has determined that the development proposal complies with the conditions and standards set forth in this Part 4 for the location and operations of such use.

§ 200-148 Uses requiring site plan review.

Site plans for all property uses, except individual single-family residences, custom designed for the owners' own occupancy, and those exemptions as permitted by the provisions of Part 1, Site Plan Review, of this chapter, shall be reviewed and approved by the Planning Board prior to the issuance of a building permit. In considering any site plan hereunder, the Planning Board shall be governed by the objectives and standards contained within Part 1, Site Plan Review, and other applicable ordinances of West Windsor Township.

§ 200-149 Riparian zones; steep slopes; building prohibition along watercourses and floodplains.

[Amended 9-30-2013 by Ord. No. 2013-12; 6-12-2023 by Ord. No. 2023-03]

Any use or building to be erected, moved, altered, rebuilt or enlarged adjacent to watercourses or located within flood-prone areas shall also conform to the conditions and standards contained in Part 6 of this chapter, Floodplain Management Regulations.

The following riparian zones and regulations herein are enacted to protect the streams, lakes, and other surface water bodies of the Township of West Windsor, and to comply with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance that prevents new disturbance associated with projects or activities in riparian zones as described herein. Compliance with the riparian zone requirements herein does not constitute compliance with the riparian zone of buffer requirements imposed under any other federal, state or local statute, regulation or ordinance.

The following steep slopes regulations herein are enacted to restrict or control the intensity of use in areas of steeply sloping terrain in order to limit soil loss, soil erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of the land.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACID-PRODUCING SOILS

Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.

APPLICANT

A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office, proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated Riparian Zone.

CATEGORY ONE WATERS or C1 WATERS

Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

HUC14

The fourteen-digit hydrologic unit code mapping delineating a watershed boundary, as defined and established in New Jersey by the United States Geological Survey.

IMPERVIOUS MATERIAL

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, elevation structures and other similar structures, surfaces or improvements.

LAKE, POND, OR RESERVOIR

Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC14 watershed, that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for detention and treatment of storm wastewater.

LINEAR DEVELOPMENT

Land uses, such as roads, lanes, paths, railroads, sewerage and stormwater, gas and water pipelines, electric, telephone, digital, and other transmission or distribution lines, that have the basic function of connecting two points, the rights-of-way or widening therefor, and any accessory structures or uses directly associated therewith. Linear development shall not include residential, commercial, institutional, office or industrial buildings, irrigation lines, or newly constructed improvements within a new land development such as utility lines or pipes or internal circulation roads not serving an area wide or regional purpose.

NO FEASIBLE ALTERNATIVE

A determination made by the Township Engineer regarding a linear development or expansion of an existing linear development that an alternative route, method or means of connecting the linear development or safely accommodating the additional use of a linear development is possible without resulting in greater disturbance or alteration of a surface water body or riparian zone or resulting in a development or expansion scheme or cost such that a hazardous, unsafe or ineffective linear development will remain or be developed. Environmental impacts such as increased air, water or noise pollution may be considered by the Engineer in the evaluation of hazardous or unsafe conditions.

REDEVELOPMENT

The construction and/or reconstruction of structures or improvements on areas which previously contained structures or other improvements.

RIPARIAN ZONE

The land and vegetation within and directly adjacent to all surface water bodies, including, but not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a special water resource protection area (SWRPA), pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC14 watershed. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula.

SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA

An area, 300 feet in width, provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC14 drainage, pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h). Establishment of the area shall be in accordance with § 200-101G(8).

STEEP SLOPES

Any percent of slope calculated as rise in feet per horizontal run in feet, calculated for each two-foot topographic contour interval, equal or greater than 20% as measured over any minimum run of 10 feet. Steep slopes are determined based on topographic contour intervals of two feet or less. Landscape berms constructed for purposes of landscape buffering, recreation, or creating a sense of space or sequence shall not be considered steep slopes for the purposes of this section.

STREAM, INTERMITTENT

A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h). C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC14 watershed.

STREAM, PERENNIAL

A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h). C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC14 watershed.

SURFACE WATER BODY(IES)

Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.

THREATENED OR ENDANGERED SPECIES

A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.

TROUT MAINTENANCE WATER

A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's surface water quality standards at N.J.A.C. 7:9B.

TROUT PRODUCTION WATER

A section of water identified as trout production in the New Jersey Department of Environmental Protection's surface water quality standards at N.J.A.C. 7:9B.

WATER, FLUVIAL

A surface water body that is not influenced by the tide, i.e., a nontidal water.

WATER, TIDAL

A surface water body that is influenced by the gravitational interaction of the earth, the moon and the sun.

Establishment and protection of riparian zones and steep slopes.

(1)

Except as provided in Subsections C and D below, riparian zones adjacent to all surface water bodies, measured from the discernible bank landward, shall be protected from disturbance and shall be delineated as follows:

(a)

The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC14 watershed.

(b)

The riparian zone shall be 300 feet wide along both sides of the Duck Pond Run from the confluence with the Delaware and Raritan Canal upstream to Clarksville Road to the southeast and Meadow Road to the northeast. The three-hundred-foot-wide riparian zone shall not apply to the Little Bear Brook northeast of Meadow Road. The riparian zone for Duck Pond Run upstream from these limits shall be as established by the criteria of Subsection B(1)(a), (c) and (d) herein.

(c)

The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:

[1]

Any trout production water and all upstream waters (including tributaries);

[2]

Any trout maintenance water and all upstream waters (including tributaries) within one linear mile from the trout maintenance water, as measured along the length of the regulated water;

[3]

Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and

[4]

Any segment of a water flowing through an area that contains acid-producing soils to the extent so regulated by New Jersey Department of Environmental Protection or Soil Conservation District standards.

(d)

For all other surface water bodies, a minimum riparian zone of 50 feet wide shall be maintained along both sides of the water except as modified to 200 feet from the center line of any stream by § 200-228 of Article XXXI or as required by any other provisions of Article XXXI.

(2)

If a discernible bank is not present along a surface water body, the portion of the riparian zone that lies outside the surface water body is measured landward as follows:

(a)

Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's center line;

(b)

Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

(c)

Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and

(d)

Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's center line.

(3)

The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area of the riparian zone on any plan submitted to the Township of West Windsor in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, or the Mayor's appointed representative, and, where required by state regulation, the New Jersey Department of Environmental Protection.

(4)

Establishment of steep slope limits. The applicant shall demonstrate, through site plans depicting proposed development and topography, that new disturbance is not located in areas of steep slopes. For steep slopes, any disturbance shall be prohibited except as provided below:

(a)

Redevelopment within the limits of existing impervious materials.

(b)

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 to 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 materials should be allowed to support efforts to revitalize development that has fallen into disrepair.

(c)

Temporary disturbance (no more than 12 months) to permit construction adjacent to a steep slope, provided that sufficient provisions to control and prevent erosion during the temporary disturbance period and restoration of the steep slope occurs immediately upon completion of the construction of those improvements adjacent to the steep slope even if other nearby construction is not complete.

Variances. To the extent allowed by the stormwater management rules (N.J.A.C. 7:8) and/or the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), new disturbances for projects or activities in the riparian zone established by this section may be allowed through the Zoning Board of Adjustment or the Board of Jurisdiction review and approval of a variance, provided the disturbance is proposed to be located on a preexisting lot (existing as of the effective date of this section) when there is insufficient room outside the riparian zone for the proposed use otherwise permitted by the underlying zoning; there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements; and upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance is:

(1)

Necessary to protect public health, safety or welfare;

(2)

To provide an environmental benefit;

(3)

To prevent extraordinary hardship on the property owner when such hardship is peculiar to the property; or

(4)

To prevent extraordinary hardship, provided the hardship was not created by the property owner, by not allowing a minimum economically viable use of the property based upon reasonable investment.

Exceptions. To the extent allowed under the Stormwater Management rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act rules (N.J.A.C. 7:13) and subject to review and approval by the New Jersey Department of Environmental Protection to the extent required by those rules, the following disturbances for projects or activities in the riparian zone established by this section are allowed:

(1)

Redevelopment within the limits of existing impervious surfaces;

(2)

Linear development with no feasible alternative route;

(3)

Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;

(4)

Disturbance necessary to provide for public pedestrian access or water-dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E; or

(5)

Disturbance with no feasible alternative required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.

Appeals, conflicts and severability.

(1)

Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the Zoning Officer under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.

(2)

Any party aggrieved by any determination or decision of the Zoning Officer under this section may appeal to the Zoning Board of Adjustment of the Township of West Windsor. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.

(3)

Conflicts: All other ordinances, parts of ordinances, that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section shall apply.

(4)

Severability:

(a)

Interpretation: This section shall be so construed as to avoid 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 this section shall continue to be of full force and effect.

Enforcement. A prompt investigation shall be made by the Zoning Officer 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 the Township of West Windsor, 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, and shall be subject to the provisions of § 200-254 of Article XXXII.

§ 200-150 Land subdivisions.

The requirements of this Part 4 and other ordinances governing the development of land, notwithstanding uses permitted or as may be permitted by this Part 4, where applicable, shall also be subject to the requirements and standards contained in the Part 2, Subdivision, of this chapter, and Chapter 143, Soil Removal.

§ 200-151 Temporary uses.

Temporary uses of land or temporary activities such as fairs, carnivals and circuses for a period not to exceed 15 calendar days for each sponsor in any calendar year shall be permitted in all districts. However, all such temporary uses or activities shall require a special permit issued by the Construction Official and shall be subject to the provision of adequate off-street parking and control of traffic, noise, glare, dust and sanitary concerns.

§ 200-152 Temporary signs.

[Amended 9-19-1988 by Ord. No. 88-27; 12-14-1992 by Ord. No. 92-37; 12-23-1996 by Ord. No. 96-33; 4-19-1999 by Ord. No. 99-07; 3-16-2009 by Ord. No. 2009-08]

The erection, installation or maintenance of temporary signs other than as set forth below is hereby prohibited. They shall be subject to sign standards contained in Part 1, Site Plan Review, of this chapter, except as may be modified herein. Persons placing signs on property in which they do not have an interest which permits them to do so shall secure the permission of the owner.

General sign regulations.

(1)

State/federal or governmental agency signs are exempt from Township ordinances.

(2)

No signs shall be placed on utility poles.

(3)

Signs may be two-sided, with side not to exceed the individual sign area.

(4)

Sign height for temporary signs shall be four feet. Temporary signs shall be located on a lot so that they are not in the public right-of-way and shall not interfere with sight distances at street intersections or ingress and egress points to a lot or cause a public safety hazard. Signs designed to be seen from vehicles should be perpendicular to the line of travel, while signs designed to be read on foot can be parallel with walks. To the extent possible, adjacent signs on the same or adjoining buildings should be placed within the same horizontal band and be of reasonably harmonious materials. No such signs shall be located on any public property. There shall be no placement of such signs between public roads and sidewalks or within six feet of a public road where no sidewalk exists. Where there are improvements existing on a property that are closer than six feet to a public road where no sidewalk exists, then signs may be affixed to said improvements.

(5)

Off-tract temporary real estate or development signs shall be prohibited in all zoning districts. However, off-tract directional signs shall be permitted. Such signs shall not exceed four square feet and shall be displayed only on weekends and legal holidays.

Sign types and standards.

(1)

Temporary noncommercial, including political signs. Noncommercial signs, including but not limited to political signs which are temporary in nature, shall be permitted in all districts. Temporary noncommercial signs are those which are not permanently affixed to the ground, a building or other permanent structure on the property and not intended to be permanent in time. Temporary noncommercial signs shall not exceed 16 square feet (no side of any signs shall be more than six feet in any linear dimension) in residential zones and 32 square feet in nonresidential zones. Temporary political signs associated with an election shall be removed no later than seven days after the election. Site plan approval shall not be required for the placement of temporary noncommercial signs.

(2)

On-site temporary real estate or development signs. On-site temporary real estate and development signs shall be regulated by the following standards:

(a)

Any real estate signage on individual properties for sale, rent, lease or open house shall not exceed four square feet for residential projects and residentially zoned land and shall not exceed 16 square feet for nonresidential projects and nonresidentially zoned land. When such nonresidential signage is for vacant parcels with development approvals, it shall be in accordance with such approvals. This signage shall be removed when the property is withdrawn from the market or within seven days of the date of closing or change of possession. Only one sign shall be permitted per lot, and it shall be located in the front yard.

(b)

Any signage which identifies a nonresidential project under construction and/or opening date for occupancy shall not exceed 16 square feet. Signage shall be removed at the time of the final certificate of occupancy. Only one sign per development shall be permitted. However, construction signs which contain noncommercial messages, such as signs identifying individual lots or construction ingress and/or egress, shall be permitted which do not exceed four square feet.

(c)

Any signage which identifies new housing development under construction shall not exceed 16 square feet per development project. Signage shall be removed when the project has received certificates of occupancy for 90% of all approved lots or units in the total project or section under construction, whichever is applicable. Only one sign per development tract shall be permitted. However, construction signs which contain noncommercial messages, such as signs identifying individual lots or construction ingress and/or egress, shall be permitted which do not exceed four square feet.

(d)

Freestanding real estate signage for the sale and lease of commercial properties is prohibited. Six months after the effective date of this section,[1] all temporary commercial real estate sale or leasing information signage shall be removed. Commercial real estate leasing or sale information shall be incorporated into the permanent business or property identification signage permitted by § 200-32.

[1]

Editor's Note: This section was last amended 3-16-2009 by Ord. No. 2009-08, effective 4-6-2009.

(3)

Temporary contractor signage on individual residential lots. Only one sign shall be permitted identifying contractors doing work on the site, and it shall be located in the front yard. Such sign shall be a maximum of four square feet per entity. This sign shall be removed when work ceases or is abandoned or when a certificate of occupancy for the project is issued, whichever occurs sooner.

(4)

Commercial fairs, carnivals, circuses or similar cultural event signs. Any on-site or off-tract sign which identifies commercial fairs, carnivals, circuses or similar cultural event activities shall not exceed 16 square feet. Only one sign per lot shall be permitted, which can be put up only one month prior to an event or activity and shall be removed within seven days of completion of the activity. Written approval by the Zoning Officer shall be required for all commercial fairs, carnivals, circuses or similar cultural event signs. The person or organizational representative responsible for the event requiring temporary signs shall indicate to the Zoning Officer where all signs will be placed and the date all such signs will be removed.

§ 200-153 Planning Board/Zoning Board of Adjustment jurisdiction.

In this Part 4, any reference to the Planning Board shall be considered to refer to the Zoning Board of Adjustment in those instances where the Zoning Board of Adjustment has jurisdiction as granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and vice versa.

§ 200-154 When application for development deemed complete; waiver of defects.

[Added 8-13-1984 by Ord. No. 84-24]

An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that said applicant is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of 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 lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.