Township of Edison, NJ Zoning

Minimum acres: forty (40) acres. [The minimum required area shall include only lands adjacent or contiguous to each other under single or combined ownership and located entirely within the R-A (PRD) District.]

Maximum gross density: four and five-tenths (4.5) acres. [Gross density shall be calculated by dividing the total number of proposed lots by the total acreage of the development application.]

Minimum lot size for detached single-family dwelling: eight thousand five hundred (8,500) square feet.

Minimum lot width for single-family detached dwelling: eighty (80) feet.

Minimum lot size for attached single-family dwellings: six thousand (6,000) square feet.

(f)

Minimum lot width for attached single-family dwellings: fifty-five (55) feet.

(g)

Minimum/maximum percentage of single-family detached homes to total homes: thirty-five (35%) percent/sixty-five (65%) percent.

(h)

Minimum/maximum percentage of single-family attached homes to total homes: thirty-five (35%) percent/sixty-five (65%) percent.

(i)

Minimum percentage open space: five (5%) percent.

Minimum required open space and public area shall include all lands, whether to be in common open space, public facility areas or public areas. Required open space lands shall not include yard areas of lots in private individual ownership, land area within the right-of-way of a public or private street and land area between walkways or sidewalks and buildings wherein the principal use of said lands is to provide for pedestrian traffic to and from buildings and parking lots.

Development Regulations for Single-Family Detached Homes.

The lot size and all other development standards of an adjacent residential zone shall be the minimum standards of development of any lot(s) created within a planned residential development which is adjacent to a residential zone boundary.

No lot shall front an existing or proposed street classified as other than a local access street in the adopted Master Plan of Edison Township.

Except as required above and provided herein, the minimum development standards for lots shall be as set for the R-B district except that lot sizes may be varied not to exceed thirty-five (35%) percent of total lots and that no lots shall have an area of seven thousand five hundred (7,500) square feet or less and provided that an equal number of lots shall exceed eight thousand five hundred (8,500) square feet.

No detached accessory structures shall be permitted.

Floor plans and building elevations shall be submitted of all proposed housing types.

Typical landscaping plans shall be required.

Development Regulations for Single-Family Attached Homes.

No lot proposed to be developed for an attached single-family dwelling shall be adjacent or contiguous to a lot located in the R-A district.

No more than two (2) single-family dwellings shall be attached one to another.

The minimum yard-depth requirement shall be as follows:

Front yard depth: twenty (20) feet from a public street right-of-way or twenty-five (25) feet from the curb of a private street.

One (1) side yard: zero.

One (1) side yard: fifteen (15) feet.

Rear yard: thirty-five (35) feet.

Maximum percentage of lot coverage by building(s): thirty-five (35%) percent.

Accessory Structures.

No attached accessory structures shall have a floor area of more than eighty (80) square feet or a height of more than ten (10) feet.

No attached accessory structure shall extend more than six (6) feet from the side wall of the principal dwelling to which attached, and, further, such accessory structure shall comply with side yard requirements for the principal structure.

Any attached accessory structure shall be of the same color as the principal structure to which attached.

No structure shall exceed thirty (30) feet in height.

Floor plans and building elevations shall be submitted of all proposed housing types.

Typical landscaping plans shall be required.

All attached single-family dwelling units shall be served by individual driveways connected to a public or private street. The driveway shall have a minimum surface area of one hundred sixty (160) square feet and minimum width of eight (8) feet.

Density Modification. To encourage flexibility of housing density, design and type intended, for a development proposed to be developed over a period of years, deviations may be authorized from the density or intensity of use established for the entire planned development. The Planning Board may allow for a greater concentration of density or intensity of land use within a section or sections of the development, whether it be earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage, or there must be an appropriate reservation on the remaining land by a grant of easement or covenant in favor of the municipality.

Open Space Regulations.

In reviewing applications for a planned residential development the Planning Board will require evidence that adequate open space in appropriate locations will be available.

Open space must have safe and convenient pedestrian access.

The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Such open space shall consist of any combination of common space, public open space and public areas.

Common Open Space. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space and such organization shall be established and regulated by all applicable standards and conditions of State statute.

Roadway Standards.

All existing roads and proposed roads to be dedicated shall be improved and/or constructed in accordance with the Township subdivision standards.

The right-of-way and pavement widths for improvement of private ways, roads and alleys shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and police vehicles. Internal private roads shall have a required pavement width as follows:

Two-way traffic roads: thirty (30) feet paved width, and the right-of-way width of said streets shall be a minimum of fifty (50) feet.

Sidewalks shall be at least three (3) feet in width. Service ways for public service and emergency vehicles shall be no less than fifteen (15) feet in width.

Development Staging. As a condition to preliminary approval of the planned residential development plan, the Board may permit the implementation of the plan in whole or in sections or in stages consisting of one (1) or more sections or stages, under the sequence of actions determined as a part of the planned residential development district plan. Such sections or stages shall be:

Substantially functionally self-contained and self-sustaining with regard to access, parking utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development;

Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the planned residential development district;

Provided with such temporary or permanent transitional features, buffers or protective areas as the conditions of ownership and maintenance may require to prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the planned development. Plans and specifications of such sections or stages are to be filed with the Board and are to be of sufficient detail and at such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities and land ownership conditions.

Improvement Guarantees.

Before consideration of final approval or, as a condition of the preliminary approval, the applicant shall have installed the improvements specified as part of the conditions of preliminary approval, or the Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements or the conditions approved as part of the preliminary approval.

Improvement. Prior to the granting of final approval, the applicant shall have installed or shall have first post-performance guarantees for the ultimate installation of all improvements required.

Enforcement and Modification of Development Plan. To further the mutual interest of the residents and owners of the planned residential development and of the public in the preservation of the integrity of the plans finally approved, and to secure that modifications, if any, in the plans shall not impair the reasonable, reliance of the residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:

Enforcement by the Township of the provisions of the plans relating to the use of land and the use, bulk and location of buildings and structures; to the quality and location of common open space; and to the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township without limitation of any powers or regulation otherwise granted the Township by law.

Provision of the plans shall run in favor of the residents of the planned development, but only to the extent expressly provided in the plans and in accordance with the terms of the plans, and to that extent the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents and owners, acting individually, jointly or through an organization designated in the plans to act on their behalf; provided, however, that no provisions of the plans shall be implied to exist in favor of residents and owners of the development except as to those portions of the plans which have been finally approved and have been recorded.

Modification of the Plan by the Township. All those provisions of the plans authorized to be enforced by the Township under paragraph m1 above may be modified, removed or released by the Township (except grants or easements relating to the service or equipment of a public utility), subject to the following conditions:

No such modification, removal or release of the provisions of a plan by the Township shall affect the rights of the residents and owners of the developments to maintain and enforce those provisions, at law or equity, as provided above.

No modification, removal or release of the provisions of a plan by the municipality shall be permitted except upon a finding by the Board following a public hearing called and held in accordance with law, that the same is consistent with the efficient development and preservation of the entire development, does not adversely affect either the enjoyment of land abutting upon or across a street from the development or the public interest, and is not granted solely to confer a special benefit upon any person.

Modification by the Residents. Residents and owners of a development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the Township to enforce the provisions of the plan.

Contents of Application. In addition to the requirements for subdivision and site plan map submission, a planned residential development application shall include such information as is reasonably necessary to disclose the following:

The location, district and size of the site and the nature of the landowner's interest in the land to be developed;

The type of land use to be allocated to parts of the site to be developed;

The location and size of any open space;

The use and the approximate height, bulk and location of buildings and other structures;

The feasibility of proposals for the disposition of sanitary waste and stormwater, and for the provision of other utilities and services such as water supply and solid waste disposal;

The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;

The provisions for the parking of vehicles and the location and width of proposed streets and public ways;

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the development are intended to be filed and the developer's financial responsibility;

A written statement by the landowner or any other entity having cognizable interest in the land, setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest and would be consistent with the municipal statement of objectives.

§ 37-12 R-BB RESIDENTIAL DISTRICT.

§ 37-12.1 Permitted Uses.

[1999 Code § 17.24.010]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Single-family detached house;

Church, synagogue or other place of worship, including parish house and school buildings, provided that the lot has a minimum area of three (3) acres and a width of two hundred (200) feet, and further that no accessory use shall be located within twenty-five (25) feet of a lot line;

Private nonprofit school approved by the State of New Jersey, provided that the use is located on a lot of three (3) acres or more and has direct access to a street classified as other than a local access street in the Master Plan of Edison Township;

Private golf courses, provided that the lot has a minimum area of one hundred (100) acres and that no structure or parking area is located within one hundred (100) feet of a lot line.

§ 37-12.2 Accessory Uses.

[1999 Code § 17.24.020]

Accessory uses shall be as permitted in the RA district.

§ 37-12.3 Conditional Uses.

[1999 Code § 17.24.030]

Same as permitted in the R-A district;

Nursing home, provided that such use fronts a street classified in the adopted Master Plan of the Township as other than a local street, and further provided that such use shall comply with the following standards:

No building so used shall be closer than fifty (50) feet to any lot line or street line nor closer than thirty (30) feet to any other building on the same lot.

There shall be provided off-street parking of at least one (1) space for each two (2) beds plus one (1) space for each staff member and employee, based on the maximum number on duty at any one time. Off-street parking areas shall be located at least thirty-three (33) feet from any street line and at least ten (10) feet from any other lot line and shall be suitably screened with landscaping.

Where appropriate to the welfare of adjoining properties, adequate sound control measures and security control measures may be required. These may include fencing and landscaping, as well as additional setbacks from front lot lines.

The use shall comply with all State requirements.

Minimum site area shall be three (3) acres.

Maximum coverage of all buildings shall be twenty (20%) percent.

Maximum coverage of all buildings and pavement shall be thirty-five (35%) percent.

§ 37-12.4 Height, Area and Yard Requirements.

[1999 Code § 17.24.040]

Height, area and yard requirements are as specified in the Schedule of Regulations, Section 37-63, except that where a lot is not served by a sanitary sewer facility, the minimum lot area shall be not less than twenty thousand (20,000) square feet.

§ 37-12.5 Off-Street Parking Requirements.

[1999 Code § 17.24.060]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

§ 37-12.6 Sign Regulations.

[1999 Code § 17.24.070]

Signs shall be permitted in conformance with Section 37-62.

§ 37-13 R-B RESIDENTIAL DISTRICT.

§ 37-13.1 Permitted Uses.

[1999 Code § 17.28.010; Ord. No. O.1941-2016]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Single-family detached house;

Private golf courses, provided that the lot has a minimum area of one hundred (100) acres and that no structure or parking area is located within one hundred (100) feet of a lot line;

Planned unit development, subject to standards and requirements set forth under subsection 37-13.6.

§ 37-13.2 Accessory Uses.

[1999 Code § 17.28.020; Ord. No. O.1941-2016]

Accessory uses shall be as permitted in the RBB district.

§ 37-13.3 Conditional Uses.

[1999 Code § 17.28.030; Ord. No. O.1941-2016]

Off-Street Parking.

Parking areas located on property in common ownership in a G-B, GB-H or LB zone shall extend no more than one hundred (100) feet beyond the zone boundary line of the RB district and adjoining commercial zones cited above.

No off-street parking space or access driveways shall be located within ten (10) feet of an adjacent residential lot line.

No access driveway shall extend from the parking area within the residential zone to a public street right-of-way also located in the residential zone.

A landscaped buffer area consisting of earth berm, evergreen plantings of no less than six (6) feet in height or any combination of the foregoing shall be required around the entire perimeter of the parking area.

No lighting shall be located within twenty-five (25) feet of a residential lot line, and further, such lighting shall have a height of no greater than twelve (12) feet.

§ 37-13.4 Off-Street Parking Requirements.

[1999 Code § 17.28.050; Ord. No. O.1941-2016]

Off-street parking, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

§ 37-13.5 Sign Regulations.

[1999 Code § 17.28.060; Ord. No. O.1941-2016]

Signs shall be permitted in conformance with Section 37-62.

§ 37-13.6 Planned Unit Development (PUD) Standards and Requirements.

[1999 Code § 17.28.070; Ord. No. O.1941-2016; Ord. No. O.1953-2016]

Statement of Objectives.

It is the specific intent of this section to create a balanced development composed of the integrated uses developed in accordance with an overall Master Plan for the district.

It is recognized that the development of this zone and the development of uses herein may take place over a long period of time, and further that the development would be accomplished in steps or phases. It is, nevertheless, the intent that all steps or phases and elements of development shall be combined into one plan or master development for the entire zone.

It is the intent to regulate the intensity of the permissible uses and to afford a combination of uses to the extent that the entire zone is developed as one (1) unit encompassing all those uses consistent with the limitations of the area and a reasonable utilization of the property and compatible with the Comprehensive Plan of this Township.

Permitted Uses. The following are permitted uses within a PUD subject to development regulations as set forth hereinafter:

Commercial uses similar to, but not limited to, restaurants, health spas, indoor recreation centers, inclusive of tennis, skating, handball and swimming facilities, indoor theaters, department stores, drugstores, clothing and shoe sales, gift shops, banks and delicatessens and personal service uses, not including freestanding fast-food stores, as defined in this chapter;

Motel and hotels, provided that the use shall have no less than one hundred (100) rental rooms or suites, and further provided that the use shall include restaurant and banquet facilities, meeting and conference rooms, and that restaurant and meeting room space shall amount to not less than twenty (20%) percent of the total floor area of the motel/hotel;

Office buildings for professional, executive, administrative and management purposes;

Television and radio studios;

Civic, cultural, educational or religious uses;

Private and public golf course;

Mid-rise residential structure(s) of not less than six (6) stories and no more than nine (9) stories in height;

Apartment and garden apartments;

Townhouses;

Single-family detached dwelling;

11.

Public and semipublic facilities limited to church or other religious facility, rescue squads and fraternal eleemosynary uses.

Accessory Uses: uses customary and incidental to the principal uses.

Conditional Uses: none.

Height, Area and Bulk Requirements. For a planned unit development, the following standards are established. The standards set forth in this subsection apply to the entire development and not to subsequent subdivision within the overall development. Individual uses and standards regulating the density and intensity of use are set forth under paragraph f. below.

Minimum Acreage for a PUD. The minimum land area shall be three hundred fifty (350) acres. The minimum required area shall include only lands adjacent or contiguous to each other under single or combined ownership and located within the zone district specified. A street shall not be construed to divide lands for purposes of this section.

Nonresidential Use Limits.

Commercial Uses. A retail service use center shall be permitted subject to the following:

No center shall have a floor area of less than twenty-five thousand (25,000) square feet nor greater than one hundred thousand (100,000) square feet.

A center may consist of one (1) or more structures or may be developed as part of midrise residential structure(s). In any event, such center shall be planned, designed and constructed in such a fashion to function as an integrated part of the entire planned unit development.

Office and Hotel Uses.

Such uses shall occupy not more than thirty (30%) percent or sixty (60) acres, whichever the lesser, of the developable land area of the PUD.

The floor area ratio of building(s) located upon the designed tracts to be used for office and hotel use shall not exceed three hundred thirty-three thousandths (0.333).

Open Space Requirement. The minimum percent of required open space of the total area of the tract shall be forty (40%) percent of the entire PUD tract.

Residential Density Standards and Limitations.

The maximum overall density of a PUD shall not exceed six (6) dwellings per acre. The overall (gross) density shall be calculated by the total number of proposed dwellings by the total acreage of the PUD.

The net residential density of a PUD shall not exceed twelve and five-tenths (12.5) dwellings per acre. This net density shall be calculated by dividing the total number of proposed dwellings by the total developable acres proposed for residential use in the PUD.

Developable land shall include all acreage of the PUD not classified as floodway or as upland wetland preservation area. The delineation of floodway and upland wetland preservation area shall be certified by New Jersey Department of Environmental Protection and shown on a map signed and sealed by a licensed land surveyor in the State of New Jersey.

The permitted mix of the various residential uses shall be as follows:

	Percent of Total Units
Housing Type	Minimum	Maximum
Low-rise apartment units	0	70
Mid-rise units	0	30
Garden apartment units	0	50
Townhouse units	0	50
Single-family detached units	0	50

Standards and Requirements for Single-Family Development in a PUD Development. The minimum standards and requirements shall be set forth in the R-B zone.

Standards and Requirements for Townhouse Development in a PUD. The minimum standards and requirements shall be as set forth in the R-B zone, except that a net density of seven (7) townhouse units per acre shall be permitted within a townhouse cluster in a PUD.

Standards and Requirements for Apartments and Garden Apartment Development in a PUD Development. The minimum standards and requirements shall be as set forth in the L-R zone with the following exceptions:

A total of twenty-four (24) dwelling units shall be permitted in a single structure.

The minimum distance between structures shall be equal to one-half (1/2) the total height of the adjacent structures, except that the side to side minimum distance between buildings shall be twenty (20) feet.

No continuous wall shall exceed two hundred ten (210) feet in length. For purposes of this subsection, a "continuous wall" shall mean any wall which is parallel to the center line of the building's roof. A seventy-five (75) degree angle of declination of one wall to the next wall shall be required to establish discontinuity.

Density. No more than ten (10) apartment units per acre shall be permitted for two-story apartment buildings and no more than twenty (20) apartment units per acre shall be permitted for three-story apartment buildings.

Where the PUD apartment or garden apartment component abuts an existing utility right-of-way having a width of one hundred (100) feet or greater, the required side yard setback may be reduced from fifty (50) feet to forty-five (45) feet.

The minimum required front building setback to a private roadway shall be ten (10) feet.

Standards and Requirements for Mid-Rise Residential Development in a PUD Development. The main standards and requirements shall be as follows:

No structure shall have a height of less than six (6) stories.

No structure shall have a height of greater than nine (9) stories.

The net density of a midrise residential cluster shall not exceed forty (40) dwelling units per acre.

The minimum distance between structures shall be equal to one-half (1/2) the total height of adjacent structures.

Affordable Housing Requirements.

The development of all multi-family residential development, of the various permitted types, within a PUD shall comply with the following Affordable Housing Requirements:

For Sale Developments:

Total Number of Units	Minimum Percent of Affordable Housing Units
10 and under	none*
11-20	10%
21-50	15%
Over 51	20%

*Units 10 and under are subject to the development fee

Rental Units:

Total Number of Units	Minimum Percent of Affordable Housing Units
10 and under	none*
11-20	10%
21-50	15%
Over 51	20%
*Units 10 and under are subject to the development fee

Pursuant to the Amended Settlement Agreement In the Matter of Certification or Judgement of Compliance and Repose of its Obligations Under the Fair Housing Act and Approval of its Amended Spending Plan, Docket No. MID-L-3944-15 (the "Settlement Agreement"), certain terms and conditions applicable to the inclusionary development of Block 762, Lot 1A, and Block 3B, Lot 18 in its entirety and a portion of Lot 19 (the "Properties") were agreed to by the parties and which terms and conditions were approved by the Court. Where the terms of the Settlement Agreement conflict with terms of the Township Affordable Housing Ordinance, the terms of the Settlement Agreement shall control any development application relative to the Properties.

[Ord. No. O.1953-2016]

Standards and Requirements for Commercial Land Service Development in a PUD Development. The minimum standards and requirements shall be as follows: commercial and service uses may occupy space within a midrise residential structure and/or be designed and developed as separate freestanding structure(s), the standards and requirements of the G-BH zone shall be the minimum standards and requirements for development.

Standards and Requirements for Office and Hotel Use in a PUD Development. The minimum standard and requirements shall be as set forth in the ROL district.

Application Procedure.

The applicant shall initially submit a sketch plan for the entire tract. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter 39, Land Use, and further shall indicate the general location of buildings (except single-family dwellings), parking areas and roadways as well as any other significant site development features planned by the applicant. The purpose of the sketch development plan are:

To establish the land use plan for the site;

To establish staging or phasing of site development;

To determine at the earliest possible time any off-site improvements required as a result of the development;

To determine design criteria for buffer areas, parking lot locations, open space areas, etc., and as applicable.

The applicant, after approval of the overall development plan, shall proceed with formal site plan and subdivision applications for all or phase(s) of the development.

Preliminary application for development shall be made under and in accord with all the regulations and procedures as set forth for a major subdivision and major site plan as set forth in the land use ordinance.

Other Requirements.

Open Storage of Materials. No open display or storage of products, materials and equipment shall be permitted.

Transition Requirement. There shall be established along the line of any side or rear lot that is contiguous to any residential district, unless the side or rear lot line coincides with a State, Federal highway or railroad, a buffer area at least fifty (50) feet in width, plus five (5) feet additional width for each ten (10) foot interval or fraction thereof of the principal building exceeding twenty-five (25) feet in height. The buffer area shall be landscaped and fenced to provide screening of the uses and associated activities of the lot from adjoining residential districts.

Site Access. Recognizing the heavy traffic flow existing and projected within I-287, Talmadge Road, Park Avenue area of Edison, a connection of Talmadge Road to the Park Avenue extension shall be required.

Building Separation. No office building shall be located within one hundred (100) feet of a residential multifamily building or one-half (1/2) the sum of the height of adjacent commercial and/or office and residential buildings, whichever is the greater.

Off-street parking space may be located in the front, side and rear yards; provided, however, that no parking space shall be located nearer than fifteen (15) feet to any street, nor closer than ten (10) feet to any building, and provided further that complete building perimeter parking is prohibited.

Signs. Signs shall be subject to the sign regulations of Section 37-62.

Density Modification. To encourage flexibility of housing density, design and type intended, for a development proposed to be developed over a period of years, deviations may be authorized from the density or intensity of use established for the entire planned development. The Planning Board may allow for a greater concentration of density or intensity of land use within a section or sections of the development, whether it be earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage or there must be an appropriate reservation on the remaining land by a grant of easement or covenant in favor of the municipality.

Open Space Regulations.

In reviewing applications for a PUD development, the Planning Board will require evidence that adequate open space in appropriate locations will be available.

Open space must have safe and convenient pedestrian access.

Roadway Standards.

All existing roads and proposed roads to be dedicated shall be improved and/or constructed in accordance with the Township subdivision standards.

The right-of-way and pavement widths for improvement of private ways, roads and alleys shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles. Internal private roads shall have a required pavement width as follows:

Two-way traffic roads: thirty (30) feet paved width, and the right-of-way width of said streets shall be a minimum of fifty (50) feet.

Sidewalks shall be at least three (3) feet in width. Service ways for public service and emergency vehicles shall be no less than fifteen (15) feet in width.

Development Staging. As a condition to preliminary approval of the PUD development plan, the Board may permit the implementation of the plan in whole or in sections or in stages consisting of one (1) or more sections or stages, under the district plan. Such sections or stages shall be:

Property related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the PUD district;

Provided with such temporary or permanent transitional features, buffers or protective areas as the conditions of ownership and maintenance may require to prevent damage or detriment to any completed section or stage, to planned development. Plans and specifications of such sections or stages are to be filed with the Board and are to be of sufficient detail and at such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities and land ownership conditions.

Improvement Guarantees.

Before consideration of final approval or as a condition of the preliminary approval, the applicant shall have installed the improvements specified as part of the conditions of preliminary approval, or the Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements or the conditions approved as part of the preliminary approval.

Improvement. Prior to the granting of final approval, the applicant shall have installed or shall have first post-performance guarantees for the ultimate installation of all improvements required.

Enforcement and Modification of Development Plan. To further the mutual interest of the residents and owners of the planned residential development and of the public in the preservation of the integrity of the plans finally approved, and to secure that modifications, if any, in the plans shall not impair the reasonable reliance of the residents and owners upon the provisions of the plan nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:

Provision of the plans shall run in favor of the residents of the planned development, but only to the extent expressly provided in the plans and in accordance with the terms of the plans and to what extent the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by the residents and owners, acting individually, jointly or through an organization designated in the plans to act on their behalf, provided, however, that no provisions of the plans shall be implied to exist in favor of residents and owners of the development except as to those portions of the plans which have been finally approved and have been recorded.

Modification of the Plan by the Township. All those provisions of the plan authorized to be enforced by the Township above may be modified, removed or released by the Township (except grants or easements relating to the service or equipment of a public utility), subject to the following conditions:

No such modification, removal or release or the provisions of a plan by the Township shall affect the rights of the residents and owners of the developments to maintain and enforce those provisions, at law or equity, as provided above.

No modification, removal or release of the provisions of a plan by the municipality shall be permitted except upon a finding by the Board following a public hearing called and held in accordance with law, that the same is consistent with the efficient development and preservation of the entire development, does not adversely affect either the enjoyment of land abutting upon or across a street from the development or the public interest and is not granted solely to confer a special benefit upon any person.

Contents of Application. In addition to the requirements for subdivision and site plan map submission and other requirements hereinabove, a PUD development application shall include such information as is reasonably necessary to disclose the following:

The location, district and size of the site and the nature of the landowner's interest in the land to be developed;

The type of land use to be allocated to parts of the site to be developed;

The location and size of any open space;

The use and the approximate height, bulk and location of buildings and other structures;

A traffic improvement plan setting forth on- and off-site improvements, scheduling as a function of development and detailing of permit requirements necessary to complete;

The feasibility of proposals for the disposition of sanitary waste and stormwater and for the provision of other utilities and services, such as water supply and solid waste disposal;

The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities;

The provision for the parking of vehicles and the location and width of proposed streets and public ways;

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which application for final approval of all sections of the development are intended to be filed and the developer's financial responsibility;

A written statement by the landowner(s) or any other entity having recognizable interest in the land, setting forth the reasons why, in his or her opinion, a PUD development would be in the public interest and would be consistent with the municipal statement of objectives;

11.

Environment Assessment Statement. A written assessment of the short- and long-term impacts of the proposed development shall be prepared and filed. The statement shall detail methods and procedures to be established to ameliorate any adverse impact upon the environment.

§ 37-13A R-C Zone.

[Added 12-27-2023 by Ord. No. O.2199-2023]

§ 37-13A.1 Permitted Uses.

[Amended 12-27-2023 by Ord. No. O.2199-2023]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Single-Family detached house.

§ 37-13A.2 Accessory Uses.

[Amended 12-27-2023 by Ord. No. O.2199-2023]

Accessory uses shall be the same as in the R-AA District.

§ 37-13A.3 Area, Yard and Building Requirements.

[Amended 12-27-2023 by Ord. No. O.2199-2023]

Minimum Lot Area — 7,500 square feet.

Minimum Lot Width — Minimum lot width shall be 75 feet, except where a lot fronts on the turnaround of a cul-de-sac, or on a curved street or a curved portion of a street, in which case the minimum required lot width shall be a minimum of 65 feet.

Minimum Lot Depth — 79 feet.

Minimum Front Yard Setback — 20 feet. Where a lot has more than one street frontage, the front yard shall be measured from the lot line that the front of the residence faces; the other yards fronting on a street shall be deemed to be rear and side yards, based on the location of the rear and sides of the residence.

Minimum Rear Yard Setback — The minimum rear yard setback shall be 25 feet, except where the lot abuts the Metuchen Country Club service road, in which case the minimum rear yard setback shall be 13 feet.

Minimum Side Yard Setback — 6 feet.

Minimum Side Yard Setback Combined — 18 feet.

Minimum Gross Floor Area — 1,200 square feet.

Maximum Floor Area Ratio — 0.55.

Maximum Building Coverage — 28%.

Maximum Impervious Coverage — 40%.

Maximum Building Height (feet) — 32 feet.

Maximum Building Height (stories) — 2.5 stories.

§ 37-13A.4 Sign Regulations.

[Amended 12-27-2023 by Ord. No. O.2199-2023]

Signs shall be permitted in conformance with Section 37-62.

§ 37-13A.5 Design Standards.

[Amended 12-27-2023 by Ord. No. O.2199-2023]

The provisions of subsection 36-11.2d, regarding side lot lines, shall not be applicable.

§ 37-14 R-A-th, R-BB-th AND R-B-th RESIDENTIAL DISTRICTS.

§ 37-14.1 Permitted Uses.

[1999 Code § 17.32.010; Ord. No. O.1941-2016]

No building structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Townhouse dwellings as defined in this section and as regulated hereinafter under subsection 37-14.4.

§ 37-14.2 Accessory Uses.

[1999 Code § 17.32.020; Ord. No. O.1941-2016]

Accessory uses customary and incidental to townhouse development.

§ 37-14.3 Conditional Uses.

[1999 Code § 17.32.030; Ord. No. O.1941-2016]

None.

§ 37-14.4 Height, Area and Yard Requirements.

[1999 Code § 17.32.040; Ord. No. O.1941-2016]

Height, area and yard requirements are as specified below.

The minimum lot size shall be twenty-five (25) acres.

The minimum setback distance shall be fifty (50) feet from all existing State and County roads or any other road other than a local street as designated upon the Master Plan of Edison Township. The minimum setback from all other streets shall be twenty-five (25) feet.

The minimum setback from all side property lines shall be thirty-five (35) feet.

The minimum setback from all rear property lines shall be forty-five (45) feet.

Maximum Density.

The maximum density shall be:

R-A-th: 8 units per acre.

R-BB-th: 8 units per acre.

R-B-th: 15 units per acre.

Lands proposed as public street rights-of-way shall not be included in this calculation.

Maximum building coverage shall be:

R-A-th and R-BB-th: twenty (20%) percent.

R-B-th: twenty-five (25%) percent.

The maximum percent of coverage by buildings and pavement, inclusive of driveways, parking and sidewalks but not including recreation facilities, patios or steps, shall be fifty (50%) percent for R-A-th and R-BB-th and sixty (60%) percent for R-B-th zones.

The minimum width of any townhouse shall be sixteen (16) feet.

The minimum floor area per unit shall be seven hundred fifty (750) square feet.

The maximum building height in the R-A-th, R-BB-th and R-B-th zones is thirty (30) feet.

The minimum number of units per structure shall be two (2).

The maximum number of units per structure shall be eight (8).

The minimum distance between structures shall be thirty-five (35) feet.

Buffer Requirement. A buffer area consisting of existing mature trees (six (6) inch diameter or greater) or planted landscaped area shall be required in each district. The buffer width shall equal the required yard depth, plus five (5) feet of buffer for each one (1) foot of building height over twenty-five (25) feet.

§ 37-14.5 Off-Street Parking Requirements.

[1999 Code § 17.32.050; Ord. No. O.1941-2016]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

§ 37-14.6 Sign Regulations.

[1999 Code § 17.32.060; Ord. No. O.1941-2016]

Signs shall be permitted in conformance with Section 37-62.

§ 37-14.7 Affordable Housing Requirements.

[Ord. No. O.1941-2016]

All new development within this district as of October 4, 2016, shall comply with the following Affordable Housing Requirements:

For Sale Developments:

Total Number of Units	Minimum Percent of Affordable Housing Units
10 and under	none*
11-20	10%
21-50	15%
Over 51	20%

*Units 10 and under are subject to the development fee.

Rental Developments:

Total Number of Units	Minimum Percent of Affordable Housing Units
10 and under	None*
11-20	10%
21-50	15%
Over 51	20%

*Units 10 and under are subject to the development fee.

A project shall not be subdivided into two or more lots so as to fall below the threshold or circumvent the set aside requirement by taking multiple actions.

§ 37-15 L-R RESIDENTIAL DISTRICT.

§ 37-15.1 Permitted Uses.

[1999 Code § 17.36.010; Ord. No. O.1941-2016]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Single-family detached houses subject to the same development regulations specified in the R-B district;

Townhouses subject to development regulations specified in the R-B-th district;

Multifamily dwelling and apartment houses subject to the following requirements:

Minimum Lot Size. No building which is intended or designed to be used, in whole or in part, as a garden apartment building shall be erected or constructed upon a lot containing an area of less than three (3) acres; except that, if a zone boundary line passes through any lot of three (3) acres or more with the result that the area available for garden apartment construction is less than three acres, such area of less three (3) acres may be approved for garden apartment development; provided, however, that all other regulations pertaining to the erection or construction of the garden apartments shall be applied to and within the area permitting such construction, except that the calculation of the number of units to be constructed shall be based upon such acreage available for such construction.

Height. No apartment building shall have more than three (3) habitable stories or exceed fifty (50) feet in height.

Minimum Space Between Buildings. The minimum distance between buildings shall be one-half (1/2) the total height of the two (2) buildings, except that the side to side minimum distance between buildings shall be twenty (20) feet.

Density. No more than fifteen (15) apartment units per acre shall be permitted for two-story apartment buildings and no more than twenty-three (23) apartment units per acre shall be permitted for three-story buildings.

Rooms. Each apartment unit in each apartment building shall contain separate bedroom, separate bathroom and separate kitchen/dining facilities. This provision shall not be interpreted to preclude efficiency apartments.

Landscaping. All areas of a garden apartment development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Where a garden apartment development boundary line abuts a lot in a residential zone, which lot is not owned by the garden apartment developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of twenty (20) feet inside the boundary line of the garden development abutting a residential lot. If no adequate trees, shrubs or plantings exist in the twenty (20) foot area in the natural state of the premises before development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the twenty (20) foot area.

Interior Roads. All roads and other accessways within the garden apartment development shall be private roads, and be constructed with pavement and curbs within the established cartways. All roads and or drive aisles containing right-angle parking or angled parking on one or both sides of the road shall contain drive aisles of not less than twenty-four (24) feet in width. All access roads that do not contain angled parking shall comply with the current Residential Site Improvement Standards (N.J.A.C. 5:21) for the width of the cartway inclusive of any on-street parallel parking areas. All such construction, paving and curbing shall be completed in accordance with the subdivision regulations of Edison Township. All interior roads shall provide suitable access for ingress, egress and circulation for emergency vehicles, by providing additional width of drive aisles, adequate turning radius at corners and appropriate delineated Fire Lanes, subject to the review by the Edison Township Fire Department.

Parking. All parking shall be confined to the areas specifically designated on the site plan for that purpose. Parking area shall be paved and curbed and provided with an adequate system of stormwater drainage. No parking area (other than driveway parking spaces located in front of a garage) may be placed closer to a building than ten (10) feet. Parking areas may be constructed in the front, side and rear yards, but in no event closer than ten (10) feet to a lot line (other than driveway parking spaces located in front of a garage).

Buildings.

No principal building shall:

Be designed for or occupied by more than twenty (20) families;

Exceed two hundred ten (210) feet in length in its longest dimensions;

(3)

Allow or contain outside television antennas. All television antenna equipment shall be built into the building to eliminate individual antennas being erected upon the roof. This subsection shall not apply to a common antenna tower.

No basement apartment units shall be permitted. For purposes of this section, a "basement unit" shall be defined as a unit having its finished floor elevation three (3) or more feet below the finish grade of the ground about the building.

Utilities. For all garden apartments, the applicant for the site plan approval shall arrange with the serving utilities for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of site plan approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that sites which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from the overhead lines or extensions, but the service connections from the utilities' overhead lines shall be installed underground.

§ 37-15.2 Accessory Uses.

[1999 Code § 17.36.020; Ord. No. O.1941-2016]

Accessory uses usually incidental to the above uses, as specified below:

Noncommercial garage for exclusive use of site residents only;

Noncommercial swimming pools for exclusive use of site residents only.

§ 37-15.3 Conditional Uses.

[1999 Code § 17.36.030; Ord. No. O.1941-2016]

Office buildings used for professional services, business services, management and consulting services only and subject to the following conditions and regulations:

Site development shall comply with the minimum development regulations set forth for the district. The buffer requirement set forth in the district shall be measured from the required yard width from existing garden apartments,

No retail sales of goods or merchandise shall be permitted;

Indoor tennis courts, skating rinks, handball courts and health clubs, subject to the following conditions and regulations: site development shall comply with the minimum development regulations set forth for the district, except that such use or uses shall not occupy an area of land of less than five (5) acres, excluding garden apartments;

Nursing homes, subject to the following conditions and regulations:

The use shall have direct access to a street other than a local access street as classified in the adopted Master Plan of the Township.

The minimum site area shall be one (1) acre.

§ 37-15.4 Height, Area and Yard Requirements.

[1999 Code § 17.36.040; Ord. No. O.1941-2016]

Height, area and yard requirements are as specified in the schedule, Section 37-63, except as otherwise specified in this section.

§ 37-15.5 Off-Street Parking Requirements.

[1999 Code § 17.36.050; Ord. No. O.1941-2016]

Off-street parking together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

§ 37-15.6 Sign Regulations.

[1999 Code § 17.36.060; Ord. No. O.1941-2016]

Signs shall be permitted in conformance with Section 37-62.

§ 37-15.7 Affordable Housing Requirements.

[Ord. No. O.1941-2016; Ord. No. O.1953-2016]

Unless otherwise set forth at subsection 37-15.7c below, all development within this district shall comply with the following Affordable Housing Requirements:

For Sale Developments:

Total Number of Units	Minimum Percent of Affordable Housing Units
10 and under	none*
11-20	10%
21-50	15%
Over 51	20%

*Units 10 and under are subject to the development fee

Rental Units:

Total Number of Units	Minimum Percent of Affordable Housing Units
10 and under	none*
11-20	10%
21-50	15%
Over 51	20%

*Units 10 and under are subject to the development fee

[Ord. No. O.1953-2016]

§ 37-16 through § 37-19. (RESERVED)

§ 37-20 P-B PLANNED BUSINESS DISTRICT.

§ 37-20.1 Permitted Uses.

[1999 Code § 17.40.010]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Retail and wholesale household and business supplies;

Electrical, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses;

Business and professional offices, banks and funeral homes;

Indoor theaters, indoor tennis courts, skating rinks, handball courts and health clubs;

Motels and nursing homes;

Newspaper offices and printing establishments;

Drug store, beauty shop and retail dry cleaning;

Clothing, furniture and appliance stores;

Recreational equipment, hardware and hobby shops;

Offices for executive or administrative personnel; scientific or research laboratories; and experimental or computation centers;

Restaurants and other eating and drinking establishments wherein food and drink are consumed within the principal building. Such uses shall not be interpreted to include and are hereby defined to exclude drive-in restaurants or refreshment stands, commonly called snack bars, dairy bars, hamburger stands or hot dog stands or similar uses where customers and patrons are served food, soft drinks or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted;

Private schools conducted for profit.

§ 37-20.2 Prohibited Uses.

[1999 Code § 17.40.020]

The following uses, whether as a main use or as an accessory use, are strictly prohibited and shall include, but not be limited to:

Used car and truck sales and lots;

Arcades, carousels, rollercoasters, merry-go-rounds, ferris wheels, pony riding tracks, exhibitions of wild animals and similar commercial amusements, except in connection with a carnival or circus having special permit from Township Council;

Ammunition, explosives and fireworks;

Heavy manufacturing;

Trailer or camps and mobilehome camps;

Private garages as a primary use of the property;

Fertilizer plants;

The processing and canning of food for wholesale distribution;

Drive-in restaurants as defined in this chapter, junkyards, auto wrecking and scrap metal baling uses.

§ 37-20.3 Accessory Uses.

[1999 Code § 17.40.030]

Any accessory use on the same lot which is customarily incidental to the principal use permitted on the same lot, such as but not limited necessarily to: maintenance and storage buildings.

§ 37-20.4 Conditional Uses.

[1999 Code § 17.40.040]

None.

§ 37-20.5 Shopping Center Application Procedure.

[1999 Code § 17.40.050]

In any P-B district, an applicant proposing the development of a shopping center, which for purposes of this section shall mean retail sales use(s) proposed to occupy a tract of land ten (10) acres or larger and/or proposed building(s) of seventy-five thousand (75,000) square feet or larger, shall meet the following requirements in addition to development regulations of this zone. An applicant may apply to the Planning Board for sketch site plan review prior to making formal application to the Board. The specified supporting data and accompanying information shall be in accordance with the applicable sections of this chapter.

A preliminary site plan showing a unified arrangement of buildings, off-street parking, internal traffic circulation, service facilities, pedestrian walks, loading and unloading areas, streams and topographic information for the lot and surrounding area within two hundred (200) feet of any lot line. The site plan shall also show the location and arrangement of proposed lawn, trees or areas of massed shrubs.

The site plan shall be accompanied by preliminary architectural sketches indicating the type of materials to be utilized for exterior walls and space to be allocated to various uses.

The site plan shall be accompanied by a market analysis providing the need for the center and carried out by an individual or firm experienced and recognized in this field. It shall include the following:

Delineation of the trade area of the proposed center;

The existing and projected population of the trade area;

Determination of effective buying power in the trade area;

The amount and percentage of buying power in the trade area allocated to the proposed shopping center;

The amount and percentage of buying power in the proposed trade area which will be expended in the existing commercial area.

The site plan shall be accompanied by a time schedule indicating when the various stages of construction will be initiated after final approval.

The site plan shall be accompanied by a traffic study prepared by a traffic engineer being a member of the American Society of Traffic Engineers, indicating the impact which the center will have on surrounding roads. It shall include the following elements:

Estimated peak hourly traffic to be generated by the center;

Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads;

Determination of unused capacity of surrounding roads during peak hours;

Recommendations for necessary road improvements such as acceleration and deceleration lanes and traffic control devices recommended for public roads or highways surrounding the site.

Additional Shopping Center Development Regulations.

No parking area shall be located closer than fifteen (15) feet to any front lot line nor closer than ten (10) feet to the side and rear lot line.

If any P-B district abuts a residential zone, fences, walls or year-round screen plantings shall be required to shield adjacent areas from parking lot illumination and headlights and to diminish the visual encroachment on residential privacy and residential neighborhood character. The Planning Board may waive the requirement for screening if equivalent screening is provided by parks or by topography or other natural conditions.

Any part of the center not used for structures, loading accessways, parking or pedestrian walks shall be landscaped with grass, trees or shrubs.

§ 37-20.6 Height, Area and Yard Requirements.

[1999 Code § 17.40.060]

Height, area and yard requirements are as specified in the schedule, Section 37-63.

§ 37-20.7 Other Requirements.

[1999 Code § 17.40.070]

Open Storage of Materials. All materials and equipment shall be stored in completely enclosed buildings. All open display of products shall be placed no closer to any private or public thoroughfare than the distance equal to the required front yard depth.

Transition Requirement. There shall be established along the line of any side or rear lot that is contiguous to any residential district, unless the side or rear lot line coincides with a State or Federal highway or railroad right-of-way, a buffer of at least fifty (50) feet in width plus five (5) feet additional width for each ten (10) foot interval or fraction thereof of the height of the proposed building exceeding twenty-five (25) feet. The buffer area shall be landscaped and fenced to provide screening of the operations of the lot from adjoining residential districts.

§ 37-20.8 Required Off-Street Parking and Loading.

[1999 Code § 17.40.080]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

Off-street parking space may be located in the front, side and rear yards; provided, however, that no parking area shall be located nearer than ten (10) feet to any side or rear lot line nor shall a parking area be nearer than fifteen (15) feet to any street lot line nor nearer than five (5) feet to any building, and further provided that complete building perimeter parking is prohibited.

§ 37-20.9 Signs.

[1999 Code § 17.40.090]

Signs shall be subject to the sign regulations of Section 37-62.

§ 37-21 G-B AND G-BH GENERAL BUSINESS DISTRICTS.

§ 37-21.1 Generally.

[1999 Code § 17.44.010]

The following regulations are applicable in the G-B and G-BH general business districts. The G-B and G-BH districts are differentiated one from the other by lot area and yard requirements and the permitted conditional uses.

§ 37-21.2 Permitted Uses.

[1999 Code § 17.44.020; Ord. No. O.1963-2017]

Retail and wholesale household and business supplies, stores, shops and similar commercial uses selling food, apparel, clothing, household appliances and furnishings;

Electrical, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses;

Business and professional offices, banks and funeral homes;

Indoor theaters, indoor tennis courts, skating rinks, handball courts and health clubs;

Motels, provided such use is located on a lot of three (3) acres or more and has direct access to a street classified as other than a local access street in the adopted Master Plan of Edison Township;

Newspaper offices and printing establishments;

Retail laundry, bakery and barbershops, beauty shops and similar service establishments;

New car and truck dealership and used car and truck sales and service wherein used car and truck sales and service are accessory to new car and truck sales uses and outdoor display and/or storage of used cars and trucks does not exceed thirty (30%) percent of the total outdoor display and storage area of cars and trucks, and further provided such uses are located on a lot of not less than one (1) acre in size and has a width of two hundred (200) feet;

Offices for executive or administrative personnel; scientific or research laboratories; experimental or computation centers;

The packing, fabricating, finishing or assembly of:

Beverages (nonalcoholic only),

Candy,

Toilet supplies, except those involving fat rendering processes,

Metal products,

Electrical appliances, fixtures or components,

Electrical instruments or devices;

Restaurants and other eating and drinking establishments wherein food and drink are consumed within the principal building. Such uses shall not be interpreted to include and are hereby defined to exclude drive-in restaurants or refreshment stands, commonly called snack bars, dairy bars, hamburger stands or similar uses where customers and patrons are served food, soft drinks or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted;

Church, synagogue or similar religious facility;

Fraternal clubs, including but not limited to Elks, Lions, Masons, etc.;

Commercial schools and institutes offering courses or training;

Repair shops, but not including automotive repair.

Fuel Only Service Station with Convenience Store:

The following requirements shall apply to this use:

[Ord. No. O.1963-2017]

Minimum lot size: 1.5 acres.

Maximum building size: 6,000 square feet.

Maximum number of fueling stations: Eight (8) dispensers that includes gasoline and low-flow diesel sales, with two (2) nozzles/hoses per dispenser.

Maximum number of stories: One (1), exclusive of towers, cuppolas, or other architectural elements.

Maximum height for principal building: Thirty-five (35) feet, exclusive of towers, cuppolas or other architectural elements.

Maximum height for fuel area canopy: Twenty-five (25) feet, with yard setbacks consistent with Section 37-63.

Parking: Minimum of one (1) space reach three hundred (300) square feet of convenience store building footprint, plus one (1) space for each employee on the most heavily staffed shift. Additional parking may be provided to enhance internal circulation and eliminate stacking at driveways.

Signs: One (1) free standing pole sign at the driveway of each street front with fuel pricing, maximum area shall not exceed seventy-five (75) square feet, maximum height of twenty (20) feet, and minimum set back of fifteen (15) feet from any street; two (2) façade signs, on the front of the building, not to exceed twenty (20%) percent of the front wall area; and two (2) canopy signs, located below the top of the canopy, on the side of the canopy facing the front or side street.

§ 37-21.3 Prohibited Uses.

[1999 Code § 17.44.030]

As specified in the P-B district;

Commercial dog kennels;

Lumber yards.

§ 37-21.4 Accessory Uses.

[1999 Code § 17.44.040]

Any accessory use of the same lot with and customarily incidental to any use permitted in this district, such as but not necessarily limited to: maintenance and storage buildings.

§ 37-21.5 Conditional Uses.

[1999 Code § 17.44.050; Ord. No. O.1653-2008]

Conditional Uses in a GB-H Zone Only.

An area of land, including structures, that is used for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil and the making of minor repairs, but not auto body work, welding or painting nor any repair work in the open. Such use shall be subject to the following regulations:

No part of any automobile filling station may be used for residence or sleeping purposes except by a watchman.

No part of any entrance to or exit from any filling station which is capable of accommodating more than five (5) vehicles shall be connected with a public street within one hundred fifty (150) feet of any entrance or exit of a theater, auditorium, church, hospital, school, college, institution for dependents or children, park, playground, library, museum or other similar place of public assembly.

No part of any building used as an automobile service station and no filling pumps, car lifts, greasing mechanisms or other service appliances used to service or supply motor vehicles shall be erected within fifty (50) feet of any boundary line of any residential zone. All such car lifts and greasing mechanisms shall be located within an enclosed building.

No gasoline or oil pump and no other service appliances installed for use in connection with any automobile service station shall be so installed or located within thirty-five (35) feet of any lot line.

No building used as an automobile service station shall be located within twenty-five (25) feet of any lot line.

(f)

No automobile service station shall store out of doors, in a side or front yard, wrecked, damaged or disassembled (either whole or in part) vehicles, boats or used automotive or marine parts, or used supplies or materials thereof. Any storage areas located in a rear yard shall be screened so that no stored vehicle or article shall be visible from the front, side or rear premises or to any adjacent premises, and further provided that no overnight parking at service stations shall be permitted within one hundred (100) feet of a residential zone.

(g)

No automobile service station shall be permitted an outdoor display storage or parking of any new or used vehicles within the distance of the required minimum front yard, except such temporary parking as may be necessary in connection with the immediate servicing of customers' vehicles.

(h)

All outside lighting or electrified signs on such premises shall be so shielded as to prevent glare, whether reflected or not, from any source detectable beyond the boundaries of the premises and shall not obstruct site distances at intersections nor present safety hazards to traffic.

(i)

No more than three (3) vehicles for rent or lease shall be stored at any one (1) time at a service station;

Car wash, subject to the following:

Recognizing that the principal building used in a car wash is generally of uniform design allowing for one (1) or two (2) bays and office and storage areas, no such principal building, when permitted, shall be built and used unless it has a minimum of two thousand five hundred (2,500) square feet and a maximum of twenty (20%) percent of land area.

Such use shall provide adequate stacking area for a minimum of twenty-five (25) cars per bay or washing aisle. The stacking system shall in no way hinder or impair normal traffic flow on roads or traffic flow on adjoining property.

No such use shall be located on a tract of land of less than one (1) acre in size.

Drive-through Restaurants. Drive-through restaurant, with or without drive-in or drive-through windows, or other appurtenances designed or used to serve food to customers outside the principal building, as part of the shopping center. The drive-through restaurant may be located either in a building with other uses or in a separate building. The following criteria shall be met in order to create a drive-through restaurant:

The shopping center site shall contain a minimum of twenty-five (25) acres,

The shopping center site shall have a minimum of one thousand (1,000) feet of frontage on a major arterial State highway,

The shopping center shall have a minimum single-story gross area of two hundred thousand (200,000) square feet,

The shopping center shall have a total of at least one thousand (1,000) at-grade parking spaces.

Village Center. This conditional use would apply only to those properties currently zoned G-BH which have a minimum frontage of six hundred fifty (650) feet along the Route 27 right-of-way, subject to compliance with all of the following additional conditions:

Permitted uses within a "Village Center" include all permitted uses in the G-BH zone district, excluding new and used automobile dealerships and motels.

Permitted accessory uses within a "Village Center" include all permitted accessory uses in the G-BH zone district.

All existing bulk requirements of the G-BH zone district shall apply except as follows:

The maximum permitted floor area ratio shall be increased from 0.25 to 0.35; and

The minimum required front yard setback shall be decreased from fifty (50) feet to ten (10) feet.

On-site parking shall be required at a rate of one (1) space per two hundred fifty (250) square feet of floor area.

Pedestrian connectivity between buildings.

Conditional Uses in G-B and G-BH Zones.

Dog kennel and veterinarian's clinic.

Such use shall be located on a minimum lot area of not less than twenty thousand (20,000) square feet.

No outdoor dog run shall be located within twenty-five (25) feet of a lot line, no animals at the site shall be kept out of doors from dusk to dawn;

Drive-in restaurant, provided that:

No such use shall be located on a lot of less than one (1) acre in size.

No drive-in or drive-through windows or other appurtenances designed or used to serve food to customers outside the principal building shall be permitted.

No such use shall have a habitable floor area, as defined in the Township Uniform Construction Code, of less than five thousand five hundred (5,500) square feet.

§ 37-21.6 Height, Area and Yard Requirements.

[1999 Code § 17.44.060]

Height, area and yard requirements are as specified in the schedule, Section 37-63, except as otherwise specified hereinabove.

§ 37-21.7 Other Requirements.

[1999 Code § 17.44.070]

Transition Requirement. There shall be established along the line of any side or rear lot that is contiguous to any residential district, unless the side or rear lot line coincides with a State or Federal highway, a buffer area at least fifteen (15) feet in width plus five (5) feet additional width for each ten (10) foot interval or fraction thereof of the height of the principal building exceeding fifteen (15) feet in height. The buffer area shall be landscaped and fenced to provide screening of the operations of the lot from adjoining residential districts.

§ 37-21.8 Off-Street Parking and Loading Requirements.

[1999 Code § 17.44.080]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

Off-street parking space may be located in the front, side and rear yards; provided, however, that no parking space shall be located nearer than five (5) feet to any front, side or rear lot line nor nearer than five (5) feet to any building, and further provided that complete building perimeter parking is prohibited.

§ 37-21.9 Signs.

[1999 Code § 17.44.090]

Signs shall be subject to the sign regulations of Section 37-62.

§ 37-22 L-B LOCAL BUSINESS DISTRICT.

§ 37-22.1 Permitted Uses.

[1999 Code § 17.48.010]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Stores, shops and similar commercial uses selling food, apparel, clothing, household appliances and furnishings;

Business and professional offices and banks;

Barbershops, beauty shops and similar service establishments;

Church, synagogue and similar religious facility;

Fraternal club or organization registered with the State of New Jersey as a nonprofit corporation;

Hardware stores, bakeries, music stores, stationery stores and drug stores.

§ 37-22.2 Prohibited Uses.

[1999 Code § 17.48.020]

The following uses, whether as a main use or as an accessory use, are strictly prohibited and shall include but not be limited to:

As specified in the P-B district;

Video arcades, used-car or auto body repair uses.

§ 37-22.3 Accessory Uses.

[1999 Code § 17.48.030]

Any accessory use on the same lot with and customarily incidental to any use permitted in this district, such as but not necessarily limited to: equipment storage and maintenance buildings.

§ 37-22.4 Conditional Uses.

[1999 Code § 17.48.040]

Automobile service stations and restaurants subject to the same requirements of the G-B district;

Drive-in banks, subject to the following standards:

All other regulations for the district in which the use is to be located shall be complied with, except that the minimum lot area for a drive-in bank shall be thirty thousand (30,000) square feet.

Recognizing the need for substantial vehicle storage area and drive-in window lanes, in addition to normal parking and driveway area associated with a business use, the maximum percent of building coverage shall be twenty (20%) percent.

No driveway shall be located closer than fifty (50) feet to the nearest street intersection, and further, no such driveway shall connect to a street frontage where such street frontage is located in a residential district.

§ 37-22.5 Height, Area and Yard Requirements.

[1999 Code § 17.48.050]

Height, area and yard requirements are as specified in the schedule, Section 37-63.

§ 37-22.6 Other Requirements.

[1999 Code § 17.48.060]

Transition Requirements. There shall be established along the line of any side or rear lot that is contiguous to any residential district, unless the side or rear lot line coincides with any major street, as shown on the adopted Master Plan of Edison Township, a buffer area at least ten (10) feet in width plus five (5) feet additional width for each ten (10) foot interval or fraction thereof of the height of the principal building which exceeds fifteen (15) feet in height. The buffer area shall be landscaped and fencing provided as required to provide appropriate screening of the operations of the lot from adjoining residential districts. Landscaping shall provide a visual screen of no less than six (6) feet in height, except the Board may waive this requirement if topography or existing mature plant growth provide the visual screen stated above.

§ 37-22.7 Off-Street Parking and Loading Requirements.

[1999 Code § 17.48.070]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

Off-street parking space may be located in the front, side and rear yards; provided, however, that no parking area shall be located nearer than five (5) feet to a front and rear property line, and further provided that complete building perimeter parking is prohibited.

§ 37-22.8 Signs.

[1999 Code § 17.48.080]

Signs shall be subject to the sign regulations of Section 37-62.

§ 37-23 through § 37-24. (RESERVED)

§ 37-25 AAR AMBOY AVENUE REVITALIZATION ZONE.

§ 37-25.1 General Purpose.

[1999 Code § 17.49.010; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

Due to the proposed revitalization by the Township of Edison of Amboy Avenue between the limits of the New Jersey Turnpike and US Highway Route 1, zoning requirements shall be incorporated in the AAR, Amboy Avenue Revitalization Zone as herein set forth to promote and encourage said revitalization. The purpose of the revitalization is to instill economic development for the limits set forth herein and inject into the commercial properties opportunities for growth and prosperity in conjunction with the aesthetic improvements that will ensue. The zoning ordinance shall be amended to also promote and encourage pedestrian traffic so as to conversely reduce the use of single occupancy vehicles in the subject area.

§ 37-25.2 Amboy Avenue Revitalization Zone Physical Limits.

[1999 Code § 17.49.020; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

The limits of the Amboy Avenue Revitalization Zone on Amboy Avenue shall include all parcels presently classified as L-B along both sides of Amboy Avenue between the New Jersey Turnpike as its southeasterly terminus and US Highway Route 1 as its northwesterly terminus. The official Edison zoning map shall be amended to reflect the limits of the AAR Zone as herein described.

§ 37-25.3 Permitted Uses.

[1999 Code § 17.49.030; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

The permitted uses in the AAR Zone shall be as specified in the L-B District with the following additional uses:

Restaurants and eating establishments shall be permitted to provide entertainment in the form of various acts which may include musicians, comedians, magicians, diverse musical groups and other like acts of entertainment.

Other establishments whose primary function is to provide entertainment as specified in paragraph a. above which may incidentally also serve snacks and drinks.

Instructional facilities such as karate schools, dance schools, art schools, acting schools, educational schools, music schools and other such similar uses.

In no fashion shall the form of entertainment violate the requirements of this Code including but not limited to, Chapter 6 (Alcoholic Beverages), Chapter 12 (Health Regulations and Licensing), Chapter 15 (Property Maintenance), Chapter 21 (Solid Waste Management), Chapter 22 (Environmental Regulations), Section 10-7 (Indecency and Obscenity) and Section 10-5 (Public Peace and Decency).

§ 37-25.4 Residential Uses.

[1999 Code § 17.49.040; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

Seventy-five (75%) percent of the gross floor area of any building in the Amboy Avenue Revitalization Zone may be used for residential purposes. One (1) residential unit shall be permitted on the first floor to meet ADA standards. The construction of any residential units within any mixed-use building shall be subject to the Affordable Housing Requirements set forth in subsection 37-15.7 in terms of the minimum number of affordable housing units that must be contained required.

§ 37-25.5 Outdoor Tables and Chairs.

[1999 Code § 17.49.050; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

Restaurants and eating establishments in the Amboy Avenue Revitalization Zone are permitted to have outdoor tables and chairs for serving food and beverages to customers provided that a minimum four (4) feet pedestrian pathways are not impeded to insure ADA compliance, that all fire codes are in compliance and that no public right-of-way is encroached upon.

§ 37-25.6 Prohibited Uses.

[1999 Code § 17.49.060; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

The uses prohibited in the AAR Zone shall be as specified in the L-B Zone and to also include:

Service or gas stations.

Fast food restaurants.

Massage parlors.

Body piercing and tattoo parlors.

Go-go bars, strip clubs, cabarets and/or any form of adult entertainment activities, adult entertainment materials, sales or rentals.

Cultural centers and churches.

Video arcades.

Automobile repair shops.

Banquet halls or similar uses.

§ 37-25.7 Accessory Uses.

[1999 Code § 17.49.070; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

No accessory uses are permitted.

§ 37-25.8 Conditional Uses.

[1999 Code § 17.49.080; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

No conditional uses are permitted.

§ 37-25.9 Height, Area and Yard Requirements.

[1999 Code § 17.49.090; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

The height, area and yard requirements as specified in the schedule of Section 37-63, shall be modified in the following manner:

The minimum lot area shall be five thousand (5,000) square feet.

The minimum lot width shall be fifty (50) feet.

The required front yard setback shall be five (5) feet with a tolerance of twenty-five hundredths (0.25) feet. There shall be no deviation from this five (5) foot dimension including the tolerance without an application for a variance to the Zoning Board of Adjustment or Planning Board, whichever has jurisdiction, for relief from this requirement.

The required side yard setback shall be zero (0) feet provided that the lot line does not abut a residential district in which case the minimum side yard requirement shall be fifteen (15) feet unless a public street intervenes in which case the front yard requirement of five (5) foot setback shall govern. There shall be no deviation from this zero (0) foot dimension without an application for a variance to the Zoning Board of Adjustment or Planning Board, whichever has jurisdiction, for relief from this requirement. Where due to building orientation, lot configuration or other condition that preclude entry to the rear of a property for parking area access, loading/unloading, refuse collection, public safety vehicle access or any other purpose requiring such entry, a paved alleyway no wider than fifteen (15) feet shall be permitted alongside or within the frontage of the building. In such cases where the building has more than one (1) story, all additional stories shall be constructed pursuant to governing building codes above said alleyway with the aforementioned side yard requirements where applicable.

The minimum rear yard setback shall be twenty-five (25) feet for parking.

The maximum percent of lot coverage by all buildings shall be seventy (70%) percent.

The maximum percent of lot coverage by all buildings and pavement shall be ninety-five (95%) percent.

The building height shall be a maximum of three (3) stories or forty (40) feet in height whichever is the lesser.

Regardless of the gross floor area of any building, the maximum gross floor area of each and any separate and individual permitted use within that building shall be no greater than two thousand five hundred (2,500) square feet per story.

All mechanical equipment must be screened from public view.

All buildings must comply with all fire safety and sprinkler laws.

§ 37-25.10 Parking Requirements.

[1999 Code § 17.49.100; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

The following parking requirements shall be incorporated into the AAR, Amboy Avenue Revitalization Zone as herein set forth.

Parking and loading for the AAR Zone shall comply with the parking standards established in Section 37-60 of the Land Use Regulations.

Parking for residential uses shall conform to RSIS Standards.

Future parking needs, as they become evident, shall be satisfied through the construction of strategic parking lots on properties to be rendered available along or in the vicinity of Amboy Avenue.

Location of Parking Facilities. All on-site parking facilities shall be located in the rear yard of each property. All parking shall be prohibited in front and side yards.

Contiguous Parking Lots. Buildings on individual parcels in the AAR Zone are permitted to have contiguous on-site parking areas with free flowing traffic between said parking areas. The areas of on-site parking that are not contiguous shall be no closer than five (5) feet to any property line of the parcel on which they are located. There shall be available as necessary, access to the rear of such properties for accessing parking areas, refuse collection, loading/unloading, entry of public safety vehicles and other necessary functions which require such entry.

Loading/Unloading Requirements.

On street loading/unloading shall be prohibited between the hours of 6:00 a.m. and 12:00 midnight.

All loading/unloading shall be permitted in the rear yard area only.

Rear yard cross-access easements shall be required as needed in order to eventually create a system of screened and buffered access ways to the rear of nonresidential uses fronting Amboy Avenue. A minimum fifteen (15) foot wide cross-access easement shall be dedicated to the municipality in the form of a deed. Additionally, a minimum ten (10) foot wide buffer area shall be required adjacent to all residential uses or residential zones comprised of a five (5) foot to six (6) foot high living evergreen wall and eight (8) foot high solid fencing to provide screening for the abutting incompatible uses. Application for a subdivision or site plan to either the Planning Board or Zoning Board of Adjustment shall mandate the cross-access easement and buffer/screening requirement.

§ 37-25.11 Other Requirements.

[1999 Code § 17.49.110; Ord. No. O.1870-2014; Ord. No. 1887-2014016]

Open storage of materials and transition requirements shall be as specified in the L-B Zone, subsection 37-22.6, except that the maximum buffer area distance from a residential district shall be ten (10) feet.

§ 37-25.12 Signs.

[1999 Code § 17.49.120; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

Signs shall be subject to the sign regulations of Section 37-62.

§ 37-25.13 Activities Requiring Special Building Design Standards.

[1999 Code § 17.49.130; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

The following activities regarding any of the buildings in the AAR Zone shall render the building(s) subject to the requirements of this section:

The new construction of a primary use building on a parcel of land.

The addition to an existing primary use building that is fifteen (15%) percent or more of the gross floor area of the existing building.

The renovation or alteration in any manner of any outer wall of a building that faces street frontage or is considered the front of the building that constitutes twenty-five (25%) percent or more in area of the wall(s) being renovated.

The renovation or alteration in any manner of any outer wall or combination of outer walls of a building which constitutes forty (40%) percent or more of the aggregate area of all the outer walls of the building.

The major internal renovation or alteration of a building which constitutes fifty (50%) percent or more of the gross floor area.

§ 37-25.14 Facade Design Standards.

[1999 Code § 17.49.140; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

Since all of the existing buildings within the limits of the AAR Zone vary considerably in age and architecture in their present state, it is understandable that it is difficult to impose on them a rigid architectural design standard. Although beauty and character are subjective, there shall be an underlying design theme to the buildings and specifically to the facades so that a sense of conformity to a time period is achieved. Variation, creativity, uniqueness and distinction are not discouraged provided that there is a visual flow from building to building with no evidence of abrupt change or disruption in design or theme. Each building, although having its own identity should complement the others in style and taste without the look of an exact copy.

The architectural motif that is to be followed throughout the AAR Zone shall be based on the design of the "Old Clara Barton School Building" which is located on the southerly side of Amboy Avenue between Fourth Street and Brower Avenue. The architectural design can be characterized as "turn of the century." Understandably, exact historic replication is not expected, however this building is considered the focal point of the AAR Zone and all future building façade designs shall have its architectural flavor and sense.

§ 37-25.15 Characteristics of Special Building Design Standards.

[1999 Code § 17.49.150; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

Although diversity is not prohibited in the building design characteristics, various specific design criteria are to be followed as listed below:

The prominent veneers to be used for facades and sides of buildings facing the street shall be brick or stone. The brick colors shall be in the brown, beige or red tones. Stone coloring shall be more flexible but maintain a subdued color scheme in keeping with the brick tones.

Other veneers such as vinyl, aluminum or other man-made siding products and wood veneer products shall be considered secondary veneers to compliment the brick or stone. The colors of such veneers shall be in subdued tones to blend in a compatible and aesthetic fashion. The use of fluorescent colors is prohibited as are abrupt color changes, even in the subdued tones, that clash visually.

All facades or sides of buildings facing the street shall have a décor that prohibits for a maximum distance of fifteen (15) feet horizontally, bare unadorned walls along each floor. These walls shall have appurtenances either decorative or functional to satisfy the condition. Such appurtenances shall consist of windows, doors, columns, lintels, cornices, balconies, overhangs, awnings, arches, railings or any other architectural items that fit the herein recommended design theme.

Roofs shall be of the "A" frame peak type wherever possible and include turrets, cupolas, towers and gables to reflect the "turn of the century" and "Victorian" attributes. Where it is necessary to install other than a peaked roof due to structural or height restrictions, parapets, cornices, eaves, turrets and other architectural devices that also reflect the above stated attributes shall be utilized.

§ 37-25.16 Sign Standards.

[1999 Code § 17.49.160; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

When a building is subject to the requirements of subsection 37-25.14, new signs for the building shall be installed in accordance to specific standards as herein set forth. To maintain the desired degree of conformity with an acceptable level of diversity, all signs shall be installed in accordance with a style that fits the architectural standards recommended for the AAR Zone.

Other than the above standards all other sign regulations shall be pursuant to Section 37-62.

§ 37-25.17 Site Standards.

[1999 Code § 17.49.170; Ord. No. O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]

If a building subject to the requirements of subsection 37-25.14, is also installing site appurtenances, they shall be compatible with the streetscape design as installed by the municipality along Amboy Avenue in the AAR Zone. The proposed appurtenances which include but are not limited to landscaping, curbing, sidewalks, tree grates, benches, area lamps, trash receptacles, and planters shall comply with the streetscape specifications of said zone which are available at the Office of the Township Engineer.

§ 37-26 through § 37-29. (RESERVED)

§ 37-30 O-S, O-S-1 AND O-S-2 SERVICE DISTRICTS.

§ 37-30.1 Purpose.

[1999 Code § 17.52.010; Ord. No. O.1941-2016]

These districts are differentiated one from the other by the schedule of development and use. The purpose of these districts is to provide a reasonable use of land for nonresidential purposes, but at the same time maintain a residential presence.

§ 37-30.2 Permitted Uses.

[1999 Code § 17.52.020; Ord. No. O.1941-2016]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Medical and dentistry and related professional services;

Business and professional offices and banks;

In the O-S and O-S-1 districts only, barbershops, beauty shops and similar service establishments;

In the O-S and O-S-1 districts only, retail sales of books, stationery sales, arts and craft sales, antique stores, photography sales and supplies and recreational equipment sales. In no case shall any use be permitted which involves the sale of food, inclusive of candy, ice cream, etc.;

Single-family detached dwelling.

§ 37-30.3 Accessory Uses.

[1999 Code § 17.52.030; Ord. No. O.1941-2016]

Use customary and incidental to the principal use and located within the principal building(s).

§ 37-30.4 Conditional Uses.

[1999 Code § 17.52.040; Ord. No. O.1941-2016]

Dwelling unit as an accessory use, subject to the following:

The dwelling unit shall be accessory to the principal use at the site and shall be located in the same building.

A dwelling unit shall have an exterior entrance separate from that of the principal business use at the site.

The inclusion of a dwelling unit as an accessory to the principle unit will be subject to the required Affordable Housing Development Fee.

§ 37-30.5 Height, Area and Yard Requirements.

[1999 Code § 17.52.050; Ord. No. O.1941-2016]

Height, area and yard requirements are as specified in the schedule, Section 37-63.

§ 37-30.6 Other Requirements.

[1999 Code § 17.52.060; Ord. No. O.1941-2016]

Same as specified for the L-B district. (Editor's Note: See subsection 37-22.6)

§ 37-30.7 Off-Street Parking and Loading Requirements.

[1999 Code § 17.52.070; Ord. No. O.1941-2016]

Off-street parking and loading requirements are as specified in Section 37-60.

§ 37-30.8 Signs.

[1999 Code § 17.52.080; Ord. No. O.1941-2016]

Signs shall be subject to the sign regulations of Section 37-62.

§ 37-30.9 Architectural Regulation.

[1999 Code § 17.52.090; Ord. No. O.1941-2016]

The development character of these districts in most instances was or is residential in appearance. Most buildings were originally constructed as single-family homes. In this context, any new, altered or enlarged construction shall be designed to maintain a residential appearance.

§ 37-31 R-I RESTRICTED INDUSTRIAL DISTRICT.

§ 37-31.1 Permitted Uses.

[1999 Code § 17.56.010]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Offices for executive, administrative, professional and business purposes;

Scientific or research laboratories, provided that all activities and equipment associated with the principal use are housed within the principal structure(s);

Fabrication and assembly of products, but not including uses which require operation of grinders, scalers, drop drainers or for uses involving chemical restructuring of materials;

Processing and printing facilities for finished products or materials;

Commercial recreational uses limited to tennis, racquetball and swimming facilities.

§ 37-31.2 Prohibited Uses.

[1999 Code § 17.56.020]

The following uses are specifically intended to be prohibited:

Residential uses;

Commercial uses, except if permitted as an accessory use hereafter;

Hazardous use of buildings and lands as follows:

No building or land shall be used and no structure shall be erected, constructed, reconstructed, altered or repaired for the purpose of processing, manufacturing, producing or storing hazardous, toxic or corrosive substances. This provision shall not apply to the incidental use and limited storage of such substances in connection with uses permitted by this chapter.

"Hazardous, toxic and corrosive substances" shall be defined as those named in regulations promulgated by the United States Environmental Protection Agency and other Federal and State of New Jersey regulatory agencies.

§ 37-31.3 Accessory Uses.

[1999 Code § 17.56.030]

Any accessory use on the same lot customary and incidental to any use permitted in this district, such as but not limited to:

Quarters for necessary caretakers and watchmen located on the same lot;

Cafeteria facilities for the sale of items to and for the personal convenience of persons employed on the premises;

Showroom for the limited sale of products to employees only, provided that:

It shall be limited to an area not more than one (1%) percent of the total building area, but in no event shall the area exceed one thousand five hundred (1,500) square feet,

It shall be an integral part of the building,

Sales of products to the general public may be permitted in accordance with Township ordinances.

§ 37-31.4 Conditional Uses.

[1999 Code § 17.56.040]

Freestanding telecommunication towers subject to the following conditions:

The telecommunication towers shall meet all other zoning regulations for freestanding towers including, but not limited to, height and setback,

The height of such towers does not exceed the distance between the tower base and any property line of a parcel which is in any zone other than L-I or R-I zone, and

No such tower shall be located within one thousand (1,000) feet of any school or residential dwelling;

Any proposed tower shall be "mono-pole," unless the applicant can empirically demonstrate, and the approving Board agrees, that a different type of pole is necessary for the collocation of additional antennas on the tower or for camouflaging purposes.

To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by Edison Township, the State of New Jersey and/or by the Federal government.

To the greatest extent possible, no tower shall be located to be visible from any public street or from any residential zone.

To the extent possible, any new tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way.

All new towers shall be camouflaged (e.g. housed in a "silo," "bell tower," etc. or made to look like a "tree" or a non oversized "flagpole") as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Township and the existing land uses and vegetation in the vicinity of the subject site.

The height of any proposed new supporting tower shall not exceed one hundred fifty (150) feet unless it can be empirically demonstrated by the applicant, to the satisfaction of the Board, that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate.

To the greatest extent possible, all cables shall be installed within underground conduits.

11.

No signage is permitted, unless "warning" and/or equipment information signs are deemed necessary for safety purposes and are specifically approved by the approving Board.

12.

Minimal off-street parking shall be permitted as needed and as specifically approved by the approving Board in no case less than one (1) off-street parking be provided per each carrier proposed to be located at any antenna site.

13.

No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the approving Board all applicable FAA standards regarding lighting that may apply to a proposed tower.

14.

Individual cabinets for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:

Any proposed cabinet enclosing required electronic equipment shall not be more than fifteen (15) feet in height nor more than two hundred fifty (250) square feet in area, and only one (1) such cabinet shall be permitted for each provider of wireless communication services located on the site;

No electronic equipment shall interfere with any public safety communications;

All of the electronic equipment shall be automated so that, to the greatest extent possible, the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized.

All the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a one and one-half (1 1/2) story building, which building shall not exceed one thousand (1,000) gross square feet in area and twenty (20) feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or barnlike character of appearance; and

The building may have one (1) light at the entrance to the building, provided that the light is attached to the building, is focused downward and the switch to that light is turned on only when workers are at the building.

15.

Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:

The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;

The landscaping plan shall be prepared by a licensed Landscape Architect who shall present testimony to the approving Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and

Any newly planted evergreen trees shall be at least eight (8) feet high spaced on ten (10) inch centers at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three (3) inches to three and one-half (3 1/2) inches caliper, spaced on thirty (30) inch centers at time of planting.

Dishes or antennas which transmit microwaves from a tower, rooftop, water tower or other elevated location subject to the following conditions:

The dishes or antennas shall meet all other zoning regulations for dishes and antennas including, but not limited to, height and setback,

The height of such dishes or antennas does not exceed the distance between the dish or antenna base and any property line of a parcel which is in any zone other than an L-I or R-I zone,

No such dish or antenna shall be located within one thousand (1,000) feet of any school or residential dwelling.

§ 37-31.5 Height, Area and Bulk Requirements.

[1999 Code § 17.56.050]

Height, area and bulk requirements are as specified in the Schedule of Regulations, Section 37-63.

§ 37-31.6 Other Requirements.

[1999 Code § 17.56.060]

All uses hereafter established shall conform to the following requirements:

Storage. All materials and equipment shall be stored in completely enclosed buildings or shall otherwise be screened by walls, fences and landscaping to adequately screen such materials and equipment from view outside the boundaries of the lot.

Where an R-I district lot abuts a residential district, the minimum yard depth adjacent to the residential district shall be seventy (70) feet.

§ 37-31.7 Off-Street Parking and Loading Requirements.

[1999 Code § 17.56.070]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve, in accordance with the standards of Section 37-60.

Off-street parking space may be located in the side and rear yards; provided, however, that no parking area shall be located nearer than ten (10) feet to any side or rear lot line.

§ 37-31.8 Signs.

[1999 Code § 17.56.080]

Signs shall be as specified in Section 37-62.

§ 37-32 R-I-1 RESTRICTED INDUSTRIAL DISTRICT.

§ 37-32.1 Purpose and Intent.

[1999 Code § 17.60.010]

The purpose and intent of the R-I-1 restricted industrial district is to permit low intensity, low traffic generating, environmentally sensitive industrial uses which are compatible with surrounding nonindustrial uses and protective of adjacent potable watershed lands.

§ 37-32.2 Permitted Uses.

[1999 Code § 17.60.020]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Offices for executive, administrative, professional and business purposes;

Finishing and assembly of products made from previously prepared or refined materials and delivered to the site but not involving chemical compounding or mixing or use of solvents, dyes or similar agents which are classified as hazardous substances;

Mechanical assembly of high technology and electronic equipment;

Warehousing facilities for products or materials, excluding hazardous, toxic, flammable and corrosive substances;

Electrical equipment and appliances, heating, ventilation, air-conditioning, plumbing and refrigeration equipment service businesses;

Craftsman's or contractor's shop, such as carpentry, plumbing, welding, electrical or machine shop;

Indoor tennis courts, handball courts, gymnasium, health clubs, aerobics or dance studio or similar uses;

Scientific or research laboratories (excluding genetically engineered products), for nonhazardous, nontoxic, noncorrosive substances, provided that all activities and equipment associated with the principal use are housed within the principal structure(s);

Agricultural uses limited to indoor operations only, such as greenhouses and aquaculture facilities;

Freezer and cold storage facilities not utilizing hazardous or toxic refrigerants.

§ 37-32.3 Prohibited Uses.

[1999 Code § 17.60.030]

The following uses are specifically intended to be prohibited:

Residential uses;

Commercial uses, except indoor tennis courts, handball courts, gymnasium, health clubs, aerobic or dance studios or similar uses;

The use, manufacturing, generation, refining, transportation, treatment, disposal, processing, handling, transfer or storage of toxic, hazardous, flammable or corrosive materials by any "industrial establishment" as such term is defined in the Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 et seq. and its regulations, as such Act and its regulations may be amended front time to time;

Hazardous use of buildings and lands as set forth in subsection 37-3.1.2c of this chapter;

Professional dry-cleaning operations and similar uses;

Transportation facilities and truck depots;

Keeping or raising livestock, domesticated animals, fowl, reptiles, amphibians or other similar type animals;

Any use involving underground or aboveground and outdoor storage tanks for the storage of toxic, hazardous, flammable or corrosive materials.

§ 37-32.4 Accessory Uses.

[1999 Code § 17.60.040]

Any accessory use on the same lot customary and incidental to any use permitted in this district, such as but not limited to: showroom for the sale of products, provided that no more than ten (10%) percent or one thousand (1,000) square feet, whichever the lesser, of the gross floor area for the entire site is used for retail sales. Such retail sales shall be accessory to a permitted principal use within the facility. Further, such use shall be located on a lot of no less than three (3) acres in size.

§ 37-32.5 Conditional Uses.

[1999 Code § 17.60.050]

None.

§ 37-32.6 Height, Area and Bulk Requirements.

[1999 Code § 17.60.060]

Height, area and bulk requirements are as specified in the Schedule of Regulations, Section 37-63.

§ 37-32.7 Other Requirements.

[1999 Code § 17.60.070]

All uses hereafter established shall conform to the following requirements:

Transition Requirements. There shall be established along the line of any lot that is contiguous to any residential district (unless the side or rear lot line coincides with a State or Federal highway or railroad right-of-way) a buffer area of at least fifty (50) feet in width which shall consist of trees, fencing, earthen, berm or any combination of the same.

Storage. All materials and equipment shall be stored in completely enclosed buildings.

Any/all storage of nonhazardous, nontoxic, nonflammable and noncorrosive liquid material or products, whether internal or external, shall be provided with a diked containment area with a capacity equal to one hundred twenty (120%) percent of the capacity for the stored volume of material, with the containment area provided with positive drainage to a collection point served by an oil separator chamber and/or such other control devices deemed necessary by the Township Divisions of Health, Engineering and Fire to preclude any discharge of materials from the storage area or containment area onto any ground surface. Such storage and containment facilities shall comply with all applicable Federal, State and local environmental, health, safety and fire codes, laws, rules and regulations and shall be inspected and approved by the Township Health Officer and Fire Subcode Official prior to use.

Where an R-I-1 district abuts a residential district, the minimum yard depth adjacent to the residential district shall be seventy (70) feet.

§ 37-32.8 Off-Street Parking and Loading Requirements.

[1999 Code § 17.60.080]

Off-street parking space and loading space, together with appropriate access thereto, shall be provided on the same lot as the building they are intended to serve, in accordance with the standards of Section 37-60.

Off-street parking space and loading space may be located in the side and rear yards, provided that no parking or loading area shall be located nearer than ten (10) feet to any side or rear lot line nor nearer than thirty (30) feet to any side or rear lot line when the lot line is contiguous to any residential district.

All surface water from any parking in this zone shall be collected and discharged to a stormwater transmission system approved by the Township Division of Engineering. No surface runoff from parking areas or loading areas shall be allowed to percolate into permeable on-site or contiguous off-site soils.

§ 37-32.9 Signs.

[1999 Code § 17.60.090]

Signs shall be subject to the regulations set forth in Section 37-62.

§ 37-33 L-I LIGHT INDUSTRIAL DISTRICT.

§ 37-33.1 Permitted Uses.

[1999 Code § 17.64.010]

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses or a use or building similar or equivalent:

Offices for executive, administrative or professional purposes;

Scientific or research laboratories, including incidental pilot plants in connection therewith;

Manufacturing, processing, finishing, fabrication and assembly of products subject to the limitations of subsection 37-4.14, Uses Prohibited in All Zones, and subsection 37-33.8;

Warehousing-distribution facilities for products or materials but not including truck terminals as defined herein;

Retail sale and warehousing-distribution facilities, provided that no more than ten (10%) percent or two thousand (2,000) square feet, whichever the lesser, of the gross floor area is used for retail sales. Such retail sales shall be accessory to a permitted principal use within the facility. Further, such use shall be located on a lot of no less than three (3) acres in size;

Electrical equipment and appliances, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses;

Packaging and bottling plant;

Indoor tennis courts, skating rinks, handball courts and health clubs or similar uses;

Newspaper and printing establishments;

Craftsman's or contractor's shop, such as carpentry, plumbing, welding, electrical or machine shop;

Wholesale business establishment, distribution plant, parcel delivery establishment, cold-storage plant or food commissary.

§ 37-33.2 Accessory Uses.

[1999 Code § 17.64.020]

Any accessory use on the same lot customary and incidental to the principal use on the lot, and further provided that, recognizing that occasional inventory or stock clearance sales are necessary, four (4) such sales per year may be permitted.

§ 37-33.3 Conditional Uses.

[1999 Code § 17.64.030]

Restaurants and other eating and drinking establishments wherein food and drink are consumed within the principal building, provided that such use is located within an industrial park for which an approved overall development plan is of record. Such uses shall not be interpreted to include and are hereby defined to exclude drive-in restaurants or refreshment stands, commonly called "snack bars," "dairy bars," "hamburger stands" or "hot dog stands" or similar uses where customers and patrons are served food, soft drinks or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted;

Transportation facilities and truck depots, provided that the use is individually located on a lot within an industrial park as defined herein for which an improved overall development plan or general development plan is of record and has Edison Township Planning Board approval. An industrial park shall be a minimum of twenty-five (25) acres in size and consist of not less than four (4) principal uses located on five (5) acre minimum size lots and subject to the following: A transportation facility or truck depot shall not include bus, truck, trailer and/or tank, washing and cleaning facilities, new or leased vehicle storage areas and vehicle dismantling facilities and further provided:

No repair or painting shall be conducted out of doors,

No vehicles awaiting repair shall be stored within the front yard area,

No such use shall be located on a lot within two hundred (200) feet of a residential zone, day-care facility, public park, school, church or mosque,

No such use shall be included as an accessory activity to the salvage and/or sale of used vehicles or parts thereof,

No such use shall engage in the activity of crushing, cutting or general disassembly of vehicles; such activity commonly referred to as a "salvage" or "junkyard" are prohibited by this chapter;

Automotive repair, inclusive of body repair, painting, and customizing, provided that such use is located within an industrial park for which an improved overall development plan is of record, and further provided that the use complies with paragraphs 1. through 5. below:

No repair or painting shall be conducted out of doors,

No vehicles awaiting repair shall be stored within the front yard area,

No such use shall be located adjacent to any residential zone,

No such use shall include as an accessory activity the salvage and/or sale of used vehicles or parts thereof,

No such use shall engage in the activity of crushing, cutting or general disassembly of vehicles; such activity commonly referred to as a "salvage" or "junkyard" are prohibited by this chapter;

Freight yard classified as second class railroad property pursuant to N.J.S.A. 54:29A-23, but not including privately owned rail siding(s), provided that the use complies with the following:

No principal or accessory structure associated with such use shall be located less than fifty (50) feet from any lot line.

A buffer consisting of earthen berm, solid fencing and plants, or any combination of the same, shall be installed along any lot line of a freight yard use which coincides with a residential zone boundary. The buffer shall have an effective height of no less than ten (10) feet and shall provide an effective noise and visual barrier of the freight yard use to the adjacent residential zone. Existing trees of three (3) inches or more caliper shall be incorporated into the buffer design.

No maintenance, security or other access driveway shall be located between the required buffer and an adjacent residential zone;

Freight yard classified as second class railroad property pursuant to N.J.S.A. 54-29A-23, provided that the use complies with the following:

No principal or accessory structure associated with such use shall be located less than fifty (50) feet from the lot line of any residential use or any residentially-zoned lot, owned by any person or entity other than the owner of the freight yard classified as second class railroad property.

A buffer consisting of earthen berm, board-on-board fencing or equal and plants or any combination of the same shall be installed along any lot line of a freight yard use which coincides with a zone boundary, excepting any lot or lots that are not the subject of an application for development. The buffer shall have an effective height of no less than ten (10) feet and shall provide an effective visual barrier of the freight yard use to the adjacent residential zone. Existing trees of three (3) inches or more caliper shall be incorporated into the buffer design.

No maintenance, security or other access driveway shall be located between the required buffer and an adjacent residential zone;

Freestanding telecommunication towers subject to the following conditions:

The telecommunication towers shall meet all other zoning regulations for freestanding towers including, but not limited to, height and setback,

The height of such towers does not exceed the distance between the tower base and any property line of a parcel which is in any zone other than L-I or R-I zone, and

No such tower shall be located within one thousand (1,000) feet of any school or residential dwelling;

The conditions set forth in subsection 37-31.4, paragraph a4 through a15.

Dishes or antennas which transmit microwaves from a tower, rooftop, water tower or other elevated location subject to the following conditions:

The dishes or antennas shall meet all other zoning regulations for dishes and antennas including, but not limited to, height and setback.

The height of such dishes or antennas does not exceed the distance between the dish or antenna base and any property line of a parcel which is in any zone other than an L-I or R-I zone.

No such dish or antenna shall be located within one thousand (1,000) feet of any school or residential dwelling.

§ 37-33.4 Height, Area and Yard Requirements.

[1999 Code § 17.64.040]

Height, area and yard requirements are as specified in the Schedule of Regulations, Section 37-63, except as permitted herewith:

Permitted Modifications--Industrial Parks.

An industrial park development shall be permitted in the L-I district, provided that it shall have a total area of at least twenty-five (25) acres. No individual use within said industrial park shall be on a plot of land less than one (1) acre in size. Not more than fifty (50%) percent of the total land area in the industrial park shall be devoted to uses of individual plots of less than two (2) acres in size. Within an industrial park, all frontages shall be a minimum of one hundred fifty (150) feet; rear yards shall be a minimum of twenty-five (25) feet; and all front yard setbacks shall be a minimum of forty (40) feet. The minimum side yard shall be twenty-five (25) feet in width.

The height of building(s) and/or the number of stories may be increased by ten (10) feet and/or one (1) story for each additional forty thousand (40,000) square feet of lot area above the minimum required, except that no structure shall exceed one hundred (100) feet in height, and further provided that this modification shall not be permitted where the structure is or is proposed to be located within five hundred (500) feet of a residential zone boundary. This modification shall be applicable to industrial parks.

Within an industrial park, commercial and personal service uses, limited to restaurants, barber and beauty shops, clothing and drug stores, newspaper and stationery stores, shall be permitted, provided that such uses occupy less than one (1%) percent of the floor area of the industrial park in which located.

General Development Plan Requirements for Industrial Parks.

Application Procedure. The applicant shall submit a general development plan for the entire tract. The general development plan shall set forth the amount of nonresidential floor space and the floor area ratio for the industrial park development in its entirety, according to a schedule which sets forth the sequence of construction of the various sections of the development. Subject to the provisions hereof and of other applicable law, the development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provision of N.J.S.A. 40:55D-45.2, or an ordinance or regulation adopted pursuant thereto after the effective date of the approval. The applicant shall file an application form for a general development plan and pay applicable fees as set forth in the subdivision and site plan ordinance of Edison Township. The application submission shall conform to paragraph b2 below.

In making its determination regarding duration of the effect of approval of the general development plan, the Planning Board shall consider the amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in this subsection, except that the term of the effect of the approval shall not exceed twenty (20) years from the date upon which the developer receives final approval of the first section of the development. Upon the expiration of the initial term and for good cause, the Planning Board may grant extensions of the term up to the maximum term permitted by N.J.S.A. 40:55D-39.

Contents of General Development Plan Application. A general development plan application shall include such information as is reasonably necessary to disclose the following:

The location and size of the site and the nature of the landowner's interest in the land to be developed;

The general land use plan at scale of one (1) inch to four hundred (400) feet or greater indicating the tract area and general locations of the land uses to be included in the planned development. The amount of nonresidential floor area to be provided and proposed land area to be devoted to nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided;

A circulation plan showing the general location and types of transportation facilities, which may include rail, heliport, docks, terminals and facilities for pedestrian access within the development. The general development plan shall also show proposed improvements to the existing transportation system outside the development. The general development plan shall also show means of access for all emergency services. Further, the circulation plan shall form the basis for an Official Map pursuant to N.J.S.A. 40:55D-32. At time of final site plan, the Official Map shall be filed by applicant as a part of development application;

An open space plan showing the proposed land area and general location of any land areas to be set aside for conservation and recreation purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands;

A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal; and a plan for the operation and maintenance of proposed utilities;

(f)

A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site, including preliminary engineering estimates of stormwater run-off quantities;

(g)

An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features, any hazardous/toxic material and/or contamination on the site and the probable impact of the development on the environmental attributes of the site;

(h)

A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;

(i)

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public prior to the completion of the development in its entirety;

(j)

A plan showing all off-tract improvements and/or extensions of municipal facilities;

(k)

A road plan for total development, showing where any proposed roads continue and/or form a roadway system outside the site, if applicable;

(l)

A preliminary plan for development shall include all items required in the checklist for the major site plan and subdivision application.

Other Requirements.

Open Storage of Materials. Except in the case of marine facility uses, no open display or storage of products, materials and equipment shall be permitted in a required front yard area.

Off-street parking space may be located in the front, side and rear yards and beneath buildings, provided, however, that no parking space for a nonresidential use shall be located nearer than ten (10) feet to any street curbline. Parking beneath a building shall not be considered floor area of the building for any purpose. Any parking proposed within a required front, side, or rear setback area shall be screened with a dense planting of five (5) foot to six (6) foot high evergreens placed at seven (7) foot centers.

Procedure for Variation from General Development Plan. The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the development or increases the floor area ratio of nonresidential development in any section of the development.

Roadway Standards.

All existing roads and proposed roads to be dedicated shall be improved and/or constructed in accordance with the Township standards.

The right-of-way and pavement widths for improvement of private ways, roads and alleys shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles. Internal private roads shall have a required pavement width as follows:

Two-way traffic roads shall be a minimum of thirty-six (36) feet paved width;

Sidewalks, if any, shall be at least four (4) feet in width. Service ways for public service and emergency vehicles shall be no less than fifteen (15) feet in width;

(3)

Development Staging. As a condition of final approval of the general development plan, the Board may permit the implementation of the plan, the plan in whole or in sections or in stages consisting of one (1) or more sections or stages. Such sections or stages shall be:

Functionally self-contained and self-sustaining with regard to access, parking utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development,

ii.

Properly related to other services of the community as a whole and to those facilities and services yet to be provided in full execution and implementation of the development plan,

iii.

Provide temporary or permanent transitional features, buffers or protective areas as the conditions of ownership and maintenance may require to prevent damage or detriment to any completed section or stage of development. Plans and specifications of such sections or stages are to be filed with the Board and are to be of such detail to demonstrate the arrangement of land uses, (public and private) utilities and emergency service facilities.

CONTRIBUTION DISCLOSURE STATEMENT

Overall Development Plan Requirement for Industrial Parks. All requirements to be as specified in paragraph b5(b)(3)ii above except as indicated below:

The term of the effect of overall development plan approval shall not exceed ten (10) years from the date upon which the developer receives final approval of the first section of the development.

§ 37-33.5 Other Requirements.

[1999 Code § 17.64.050]

All uses hereafter established shall conform to the following requirements:

Transition requirements: same as set forth in the R-I district.

§ 37-33.6 Off-Street Parking and Loading Requirements.

[1999 Code § 17.64.060]

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section 37-60.

Off-street parking space may be located in the front, side and rear yards; provided, however, that no parking space shall be nearer than fifteen (15) feet to any street lot line nor nearer than five (5) feet to the front of a building, and further provided that complete building perimeter parking is prohibited.

§ 37-33.7 Signs.

[1999 Code § 17.64.070]

Signs shall be subject to the regulations of Section 37-62.

§ 37-33.8 Prohibited Uses.

[1999 Code § 17.64.080]

Tanning;

Stone crushing;

Paper pulp manufacture;

Cloth manufacture requiring formaldehyde or equivalent as an additive;

Metal manufacture of raw or recyclable materials;

Metal fabrication of trailers, truck bodies and cranes for lease or sale;

Truck terminals.

§ 37-33.9 Application for Development and Checklist.

[1999 Code § 17.64.090]

An application for development, in accordance with subsections 37-33.1 through 37-33.8 shall be submitted with the required fees and all required submissions set forth under the applicable checklist as established in Schedule B and Schedule C, which schedule is attached to the ordinance codified in this section and made a part of this section by reference and is on file in the Clerk's Office for public inspection.

Editor's Note: Schedule B and Schedule C are included as attachments to this chapter.

§ 37-33.10 Contribution Disclosure Statements.

[1999 Code § 17.64.100]

Definitions. As used in this section:

APPLICATION CHECKLIST

Means the list of submission requirements adopted by ordinance and provided by the Municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.

DEVELOPER

Means a developer as defined by N.J.S.A. 40:55D-4, the legal or beneficial owner or owners of a lot or any 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.

PROFESSIONAL

Means any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which the individuals practice.

CONTRIBUTION

Means every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.

Means a list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to one (1) year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.

General Provisions.

Disclosure Requirements.

Any application for a variance pursuant to N.J.S.A. 40:55-70(d) shall include in the application contribution disclosure statements for all developers; all associates of the developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals who apply for or provide testimony, plans, or reports in support of the variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a contribution disclosure statement for the owner.

During the pendency of the application process until final site plan approval is granted, any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) shall amend its contribution disclosure statements to include continuing disclosure of all contributions within the scope of disclosure requirement of the above subdivision.

Inclusion of Contribution Disclosure Statement as an Element of the Application Checklist.

An application checklist ordinance is adopted pursuant to N.J.S.A. 40:55D-10.3 to require contribution disclosure statement from any and all owners, developers, or professionals applying for or providing testimony, plans, or reports in support of any application for a variance pursuant to N.J.S.A. 40:55D-70(d).