Township of North Brunswick, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Township of North Brunswick 10-5-1987; amended in its entirety 9-5-1989. Subsequent amendments noted where applicable.]

§ 316-1 Applicability.

A. 
General. All existing businesses and proposed new developments which meet the criteria established in Subsection B or C herein shall be subject to the requirements of this chapter, with the exception of the following specific uses:
(1) 
Eating and drinking establishments.
(2) 
Retail businesses.
(3) 
Grocery stores.
(4) 
Furniture and appliance stores.
(5) 
Shopping centers.
(6) 
Hotels.
(7) 
Security services.
(8) 
Other similar uses where it can be demonstrated that the nature of the business is such that workers do not regularly report to or depart from work during morning and afternoon rush hours.
B. 
Existing businesses. All existing businesses which are not exempted uses in accordance with Subsection A and which meet both of the criteria established herein shall comply with the requirements of this chapter:
(1) 
The business is located in the Township of North Brunswick.
(2) 
Fifty or more employees either report to work regularly or are assigned primarily to a facility located in the Township of North Brunswick.
C. 
Proposed new developments.
(1) 
All proposed new developments which are not exempted uses in accordance with Subsection A and which meet the criteria established herein shall comply with the requirements of this chapter:
(a) 
Residential developments. Residential developments of 20 or more units which have not received preliminary subdivision or site plan approval prior to the effective date of this chapter.
(b) 
Nonresidential developments. Nonresidential buildings of 15,000 square feet or more of gross building area and all complexes as defined herein which have not received preliminary site plan approval prior to the effective date of this chapter.
(c) 
Planned developments. Planned developments, as defined in the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975,[1] which have not received preliminary site plan approval for the entire tract which comprises the planned development prior to the effective date of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
For purposes of calculating traffic reduction goals applicable to remaining sections of a planned development which have not yet received site plan approval, the number of dwelling units and square footage of nonresidential space located in sections which have received prior site plan approval shall be considered.
(3) 
Traffic reduction measures necessary to meet the resulting traffic reduction goals can either be incorporated in plans submitted for the proposed sections alone or can be addressed through a combination of modifications to previously approved plans and proposed plans for the new section. Modifications which are designed to meet traffic reduction goals in a section of a planned development which has received prior site plan approval shall not in and of themselves be deemed to be a substantial amendment to the plan which would require an amended application for approval and subsequent hearing.
(4) 
The submission of modifications to a previously approved plan in order to meet traffic reduction goals shall in no way deprive a developer of any rights which may have vested pursuant to prior approvals.

§ 316-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATIVE WORK HOURS PROGRAM
Any system for shifting the workday of an employee so that the workday starts and/or ends outside of the peak periods. Such programs include, but are not limited to:
A. 
Compressed work weeks.
B. 
Staggered work hours involving a shift in the set work hours of employees at the workplace.
C. 
Flexible work hours within guidelines established by the employer
COMPLEX
Any industrial park or office park which is served by a common circulation and access system, where buildings in the aggregate exceed 15,000 square feet, and which can be identified by any of the following characteristics:
A. 
It is known by a common name given to the project by its developer.
B. 
It is governed by a common set of covenants, conditions and restrictions.
C. 
It was approved or is to be approved as a single entity.
D. 
It is covered by a single conceptual, preliminary or final site plan.
EMPLOYEE
Any salaried or hourly worker, including both full-time and part-time workers, whether they report to work regularly or are assigned primarily to a facility in North Brunswick Township.
NEW NONRESIDENTIAL DEVELOPMENT
Any nonresidential development of 15,000 square feet or more which has not received preliminary site plan approval prior to the adoption of this chapter.
NEW RESIDENTIAL DEVELOPMENT
Any residential development of 20 or more units which has not received preliminary subdivision or site plan approval prior to the effective date of this chapter.
OFFICE OF TRAFFIC MANAGEMENT (OTM)
The municipal department, agency or official appointed by the Mayor to implement the requirements of this chapter.
PEAK HOURS
The sixty-minute periods within the a.m. and p.m. peak periods in which the largest number of hourly vehicle trips are generated to and from the site.
PEAK PERIODS
7:20 to 9:10 a.m. and 3:50 to 5:40 p.m.
SINGLE-OCCUPANCY VEHICLE
A motor vehicle occupied by one employee for commute purposes.

§ 316-3 Traffic coordinators.

Every existing business and new development which is subject to the requirements of this chapter shall designate a Traffic Coordinator to act as a liaison to the OTM. All notices and information regarding surveys, reports and traffic reduction plans required pursuant to this chapter shall be directed to said Coordinator. Notices communicated to the Coordinator shall be deemed effective as to the business or development when received in writing by the Coordinator.

§ 316-4 Requirements for existing businesses.

A. 
Annual survey.
(1) 
All nonexempt businesses with 50 or more employees shall survey their work force annually to gather data on places of residence, working hours and commutation modes. In order to be deemed in compliance with this section, a minimum completed survey response rate of 75% shall be required on employee surveys.
(2) 
The OTM shall distribute the employee survey form annually and shall provide a minimum of 60 days between distribution of the annual survey forms and the deadline for its submission.
B. 
Annual report.
(1) 
The results of the annual survey shall be compiled and tabulated into an annual report. The OTM shall determine annually whether said tabulation shall be done by the OTM or by the affected businesses. The annual report shall contain information as required by the OTM.
(2) 
The Director of Human Resources or, in the absence of such title, the highest ranking employee with personnel responsibilities shall be required to certify as to the authenticity of the annual survey and report.
C. 
Traffic reduction plan.
(1) 
In addition to requirements for an annual survey and annual report, any existing business with 50 or more employees which meets either of the following criteria shall be required to formulate a traffic reduction plan:
(a) 
The number of automobile trips generated by employees scheduled to begin or end work regularly during the morning or afternoon peak periods exceeds 60% of the total workforce.
(b) 
In excess of 40% of the total work force is scheduled to begin or end work regularly during any specific fifteen-minute time slot in the morning or afternoon peak periods.
(2) 
The traffic reduction plan shall be designed to reduce the total peak period vehicle trips to an amount which does not exceed 60% of the total number of employees and to reduce the concentration of vehicle trips in any fifteen-minute time slot to 40% or less. Automobile trip reduction goals shall be measured against existing data available to the OTM unless the business can substantiate more accurate employment survey data. For purposes of establishing traffic reduction goals, employers shall assume the same percent distribution revealed in the survey data for the entire workforce.
(3) 
The traffic reduction plan shall be formulated and submitted to the OTM in accordance with the time schedule provided by the OTM.
(4) 
The prescribed format for a traffic reduction plan for existing businesses shall be provided by the OTM, and all traffic reduction plans shall comply as far as is practicable with the prescribed format.
(5) 
The traffic reduction plan can incorporate any combination of the following traffic mitigation initiatives:
(a) 
Facilitating utilization of mass transit.
(b) 
Facilitating ride sharing and vanpooling.
(c) 
Establishing an alternative work hours program.
(d) 
Encouraging nonvehicular work trips.
(6) 
While businesses have the option of selecting traffic reduction measures which are most appropriate to the nature of their business, traffic reduction measures shall be designed as far as is practicable to meet traffic reduction goals.
(7) 
The OTM shall review and approve traffic reduction plans within 60 days of submission unless the OTM determines that said plan as designed cannot achieve required traffic reduction goals. If such a determination is made, the business shall have 45 days from receipt of a written rejection to revise and submit an acceptable traffic reduction plan, unless extended for good cause shown. Upon acceptance of a traffic reduction plan, the plan shall be implemented by the business, and such implementation shall be fully in effect within six months of acceptance.

§ 316-5 Requirements for new residential developments.

A. 
Requirements applicable to developments of 20 or more units.
(1) 
Survey requirements.
(a) 
In every new residential development, the developer shall be required to gather applicable demographic data requested on the workplace/commutation survey provided by the OTM. Said survey shall require such data as workplace location, normal work hours, the frequency of overtime, whether hours are flexible by up to 15 minutes, prospects for continuing employment at the present location for the next 24 months and the number of children by age. In addition, the survey shall ascertain interest in the following:
[1] 
Vanpooling.
[2] 
Utilization of a park and ride.
[3] 
Shuttle bus service to and from the train station or park and ride locations.
(2) 
Provisions which request prospective purchasers to complete the questionnaire shall be contained in all contracts of sale.
(3) 
In any development which is subject to the requirements of the Planned Real Estate Full Disclosure Act,[1] the sponsor shall be required to include a copy of the workplace/commutation survey in the public offering statement. Said survey shall be completed by the purchaser and tendered to the developer on or before the time of closing. It shall be the sponsor's obligation to collect said survey and submit the same to the OTM.
[1]
Editor's Note: See N.J.S.A. 45:22A-21 et seq.
B. 
Additional requirements for developments of 50 to 350 units.
(1) 
Provision of vanpool parking areas.
(a) 
In addition to the requirements for completion of workplace/commutation surveys, it shall be a condition of preliminary subdivision or site plan approval that all new residential developments of 50 to 350 units shall be required to construct parking spaces to accommodate vanpool participants, based upon the need generated by the particular development, in accordance with the following schedule:
[1] 
Developments of 50 to 200 units shall provide a fifteen-car vanpool parking lot.
[2] 
Developments of 201 to 350 units shall provide a thirty-car vanpool parking lot.
(b) 
Vanpool parking areas can either be dedicated to the Township of North Brunswick or maintained by the developer. If said area is not proposed for dedication to the township, the developer shall be required to provide assurances for continued and perpetual maintenance of the parking facility in a manner acceptable to the Planning Board. If maintained by the developer, the developer shall be entitled to reserve use of the vanpool parking area for development residents.
(c) 
Certificates of occupancy shall not be issued for more than 50% of the units in the development until such vanpool parking area is fully improved.
C. 
Additional requirements for developments which exceed 350 units.
(1) 
Provision of park and ride facilities.
(a) 
Developers of new residential developments which exceed 350 units shall be required to construct park and ride facilities based upon the need generated by the particular development at a ratio of one parking space for each 10 units in the development.
(b) 
The park and ride shall be located with direct access off of a designated collector road in the development and shall be located as close as is practicable to highway jughandles and overpasses.
(c) 
The park and ride shall be designed to accommodate buses which can accommodate 49 passengers and shall contain adequate bus shelters to protect riders from the elements.
(d) 
Park and ride areas can either be dedicated to the Township of North Brunswick or maintained by the developer. If said area is not proposed for dedication to the township, the developer shall be required to provide assurances for continued and perpetual maintenance of the park and ride facility in a manner acceptable to the Planning Board. If maintained by the developer, the developer shall be entitled to reserve use of the park and ride area for development residents.
(e) 
If dedicated to the township, the township shall reserve 50% of the improved parking spaces for occupants of the development. Two months after occupancy of the last unit, if all of the spaces reserved for development residents are not being utilized, then said spaces shall become available to the general public in accordance with township priorities for operation of park and ride facilities.
(f) 
Certificates of occupancy shall not be issued for more than 50% of the units until such time as the park and ride lot is fully improved.

§ 316-6 Requirements for nonresidential developments.

A. 
Traffic reduction plan.
(1) 
Every new nonresidential development of 15,000 square feet or more not exempted herein, and all complexes as defined herein, shall be required to submit a traffic reduction plan to the Planning Board at the time of submission for site plan approval. Said traffic reduction plan shall be required to be submitted before an application for site plan approval can be determined complete.
(2) 
Said traffic reduction plan shall be forwarded by the Planning Board to the OTM for a nonbinding recommendation as to whether the plan meets the traffic reduction goals of this chapter. Submission of a traffic reduction plan acceptable to the Planning Board shall be a requirement for site plan approval.
(3) 
The traffic reduction plan shall be designed, for each year after the complex becomes occupied, to reduce that year's anticipated peak hour automobile trips to 70% of the projected peak hour vehicle trips, based on professionally provided trip projections as presented in the traffic reduction plan approved at the time of site plan approval. These maximum vehicle usage goals shall be maintained after building occupancy commences, regardless of the variation between projected trip generation and the actual trip generation. Subsequent annual vehicle reduction targets shall be calculated as the difference between the initial vehicle reduction goal and the actual vehicle trips generated by the site employment as revealed in the annual report.
(4) 
The prescribed format for a traffic reduction plan for new nonresidential developments shall be provided by the OTM, and all traffic reduction plans shall comply as far as is practicable with the prescribed format.
(5) 
The traffic reduction plan can incorporate any combination of the following traffic mitigation measures deemed to be appropriate by the developer, based upon both the nature of the development and the traffic reduction goal to be achieved:
(a) 
Designation of preferred parking for ridesharing and vanpooling participants.
(b) 
Construction of shelters to facilitate traffic mitigation measures.
(c) 
Establishment of shuttle bus service to and from the train station in the morning and afternoon.
(d) 
Establishing an in-house or third party ridesharing or vanpooling program.
(e) 
Establishing an information center to coordinate ridesharing and vanpooling among smaller businesses in a complex.
(6) 
The OTM shall review and recommend the traffic reduction plan for approval within 45 days of submission unless the OTM determines that said plan as designed cannot achieve required traffic reduction goals. If such a determination is made, the OTM shall recommend that the Planning Board not accept the plan and require that said plan be revised.
B. 
Continued existence of traffic coordinator. Any nonresidential development which exceeds 100,000 square feet shall continue to provide a traffic coordinator on a permanent basis.
C. 
Annual survey and report requirements.
(1) 
It shall be a condition of approval that all nonresidential developments which exceed 100,000 square feet must provide ongoing traffic management services and provide annual surveys to the OTM of all businesses occupying the premises.
(2) 
An annual report on the effectiveness of the plan, as updated, shall be submitted to the OTM. Failure to achieve the intended levels of trip reduction will be grounds for review and revision of any previously approved plans or other remedies as allowed under § 316-8.
(3) 
It shall be a condition of site plan approval that all new businesses which occupy 15,000 square feet or more of gross building area be notified that they are individually required to comply with the survey requirements of § 316-4A of this chapter within five months of occupancy. Subsequent occupants of 15,000 square feet or more shall be required to submit annual reports in accordance with the requirements of § 316-4B, unless a waiver is granted by the OTM for good cause shown. Developers or subsequent owners shall be required to submit the names of all businesses leasing 15,000 square feet or more in a building or complex to the OTM.
D. 
Transition from new development to existing business. If, upon submission of its first required annual report, a new business owning or leasing 15,000 square feet or more can document that it employs fewer than 50 employees in the Township of North Brunswick, said business shall be exempted from the requirements of this chapter. Said business shall thereafter reapply for exemption each year by March 15.
E. 
Maintenance of traffic reduction measures in complexes. Developers or subsequent owners of complexes, as defined in this chapter, shall be responsible for assuring ongoing impact on traffic reduction goals from the facilities, services, incentives and/or activities included in the traffic reduction plan incorporated in the site plan approval. This requirement will not preclude the developer from providing alternate but commensurate traffic reduction facilities, services, incentives or activities found or expected to be more successful in meeting the vehicle reduction requirement. Revisions to the selected facilities, services, incentives or activities should be made via the annual report to the OTM. Approval for the revision of the traffic reduction plan shall not be unreasonably withheld by the OTM.
F. 
Special information requirements for warehousing and distribution developments. All existing and proposed ware housing and distribution facilities in excess of 20,000 square feet shall be required to provide an annual report to the OTM indicating the average number of trucks entering and leaving the site daily and during the morning and afternoon periods of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.

§ 316-7 Waiver for exceptional difficulties.

Where, by reason of the nature of a particular business or operation or the location, nature or circumstances affecting a particular proposed new development, measures required to achieve the traffic reduction goals specified herein would entail exceptional practical difficulties to an existing business or developer, the OTM may grant, upon submission of a traffic reduction plan and accompanying application for relief hereunder, a waiver from the traffic reduction goals required herein. In granting such a waiver, the OTM shall require a traffic reduction plan which furthers the intent and purpose of this chapter as much as is practicable, given the circumstances.

§ 316-8 Enforcement.

A. 
Monitoring of program progress. Annual reports shall be submitted to determine whether businesses and new developments are making progress in achieving traffic reduction goals. If progress is found by the OTM to be inadequate, the business or developer shall be required to amend said traffic reduction plan. Businesses and developers directed to revise traffic reduction plans shall have 45 days to revise and resubmit an acceptable plan unless a waiver is granted by the OTM for good cause shown.
B. 
Enforcement agent. The Code Enforcement Officer shall be empowered to issue fines and summonses pursuant to this chapter upon certification from the OTM that businesses or developers have failed to comply with the submission requirements established herein.
C. 
Failure to implement, in demonstrated good faith fashion, the required traffic reduction plan will also constitute a violation. If evidence of good faith intent is clearly apparent, businesses or developers shall not be considered in violation of this chapter if the intended goals are not achieved.
D. 
Failure to comply with ordinance requirements. Failure to submit required annual surveys, annual reports, traffic reduction plans or revisions to traffic reduction plans shall constitute a violation of this chapter. After 30 days' written notice to remedy said infraction, violators shall be subject to a fine of $500 per month until such time as said violation of this chapter is abated by complying with the submission requirements established herein.