[1972 Code § 21-1]
The title by which this chapter shall be known shall be "The Zoning Ordinance of the Township of Piscataway."
[1972 Code § 21-2; N.J.S.A. 40:55D-2]
Pursuant to N.J.S.A. 40:55D-1 et seq., it is the intent and purpose of this chapter to:
Encourage municipal action to guide the appropriate use and development of all lands in the Township, in a manner which will promote the public health, safety, morals and general welfare.
Secure safety from fire, flood, panic and other natural and man-made disasters.
Provide adequate light, air and open space.
Ensure that development of Piscataway Township does not conflict with the development and general welfare of its neighboring municipalities, the County of Middlesex and the State of New Jersey as a whole.
Promote the establishment of appropriate population densities and concentrations that will contribute to the well being of persons, neighborhoods, communities and regions and preservation of the environment.
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all citizens.
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land.
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
To encourage senior citizen community housing construction.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
To promote utilization of renewable energy sources.
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling plan goals and to complement municipal recycling programs.
[1972 Code § 21-3; Ord. No. 06-09 § 6.21-3; Ord. No. 06-45; Ord. No. 08-15; Ord. No. 09-29; Ord. No. 10-05; Ord. No. 11-05 § 1; New; Ord. No. 11-25 § 1; Ord. No. 13-30; Ord. No. 2016-41]
As used in this chapter:
General Definitions. For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The word "lot" includes the word "plot;" the word "building" includes the word "structure;" the word "zone" includes the word "district;" the word "occupied" includes the words "arranged" and "designed" and the phrase, "intended to be used."
The term "such as" where used herein shall be considered as introducing a typical or illustrative rather than an entirely exclusive (or inclusive) designation of permitted or prohibited uses, activities, establishments or structures.
- Shall mean the relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
- ACCESSORY STRUCTURE
- Shall mean a structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
- ACCESSORY USE or ACCESSORY BUILDING
- Shall mean a subordinate use or building which is customarily incidental to a principal use or building on the same lot. In residential zones an accessory building should not exceed 25 feet by 25 feet or 625 square feet. In a residential zone any single property shall be allowed two accessory structures, exclusive of decks.
- ACTIVE RECREATION
- Shall mean leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.
- ADMINISTRATIVE OFFICER
- Shall mean the Township Clerk for matters pending before the Township Council; the Zoning Officer for matters pending before the Planning Board or Zoning Board of Adjustment.
- Shall mean a sales price or rent within the means of a low- or moderate-income household as defined by State or Federal legislation.
- AIRPORTS, INCLUDING HELIPORTS
- Shall mean an area of land or water, or both, which is used or made available for the landing and takeoff of aircraft, including helicopters, and which may provide facilities for the shelter, security, supply and repair of aircraft and which, as to size, design, surface marking equipment, maintenance, repair and management, meets the minimum requirements for the various classes of airports established by the New Jersey Division of Aeronautics.
- Shall mean a change or rearrangement in a building or the structural parts of an existing facility or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.
- Shall mean a developer submitting an application for development.
- APPLICATION FOR DEVELOPMENT
- Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
- ASSISTED LIVING FACILITY
- Shall mean residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services and transportation.
- Shall mean a roof like cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building.
- Shall mean a story partly underground and having more than 1/2 of its height above ground level.
- Shall mean a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
- BUFFER ZONE
- Shall mean in the instance where the municipal agency determines that a planted buffer area is necessary to protect the general welfare of the adjacent property owners, planted buffer areas shall be installed at a width specified by the municipal agency, but in no case less than 50 feet when a residential area abuts an industrial zone. Buffer areas shall be located completely within the subdivider's property, adjacent to and parallel with the property line, and consisting of either natural existing vegetation or created by the combined use of trees, shrubs or berms designed to continuously limit view of the site from adjacent sites or properties. Plantings shall consist of massed evergreen and deciduous trees and shrubs, planted and maintained in such a fashion that they will produce within two growing seasons a continuous visual screen at least six feet in height. The quantity of natural screening existing on the property shall be taken into consideration upon evaluation of the site plan. Plans for such areas shall be subject to the review and approval of the Township Engineer. No other aboveground construction or use shall be allowed within the boundaries of a buffer area.
- Shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
- BUILDING AREA
- Shall mean the horizontal ground area directly under a building, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, steps, one-story open porches, bay windows not extending through more than one-story and not projecting more than five feet, balconies and terraces.
- BUILDING COVERAGE
- Shall mean that area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios, or a parking lot or area or any similar improvements thereto.
- BUILDING HEIGHT
- Shall mean the vertical dimension measured from the mean elevation of the finished grade at the point of the building to the highest point of the building. The building height shall not include air conditioning equipment, air handling equipment, elevator penthouses, skylights and solar collector systems, provided, however, that such equipment shall not cover more than 5% of the roof area, and shall be shielded by an aesthetic false wall in conformance with the design standard of the Township's Site Plan Ordinance and further provided that such equipment shall not be greater than 12 feet in height nor closer than 12 feet from each roof edge.
- BUILDING PERMIT
- Shall mean written permission issued by the proper municipal authority for the construction repair, alteration, or addition to a structure.
- BULK VARIANCE
- Shall mean a departure from any provision of a zoning ordinance except use.
- CAPITAL IMPROVEMENT
- Shall mean a governmental acquisition of real property or a major construction project.
- Shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
- CATCH BASIN
- Shall mean an inlet designed to intercept and redirect surface waters.
- Shall mean a story partly underground which has less than 1/2 its height above ground level.
- Shall mean a burial ground for human remains.
- CHANGE OF USE
- Shall mean any use that materially differs from the previous use of a building or land.
- CHILD-CARE CENTER
- Shall mean an establishment providing for the care, supervision, and protection of more than five children.
- Shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services.
- Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
- Shall mean a group of people organized for a common purpose to pursue common goals, interests, and activities, and usually characterized by certain membership qualifications, the payment of fees and dues, meetings and construction of by-laws.
- CLUB HOUSE
- Shall mean a building or portion thereof, used by a club.
- Shall mean a development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
- COLLECTOR STREET
- Shall mean a street that collects traffic from local streets and connects with minor and major arterials.
- COMMON OPEN SPACE
- Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
- CONDITIONAL USE
- Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
- Shall mean a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
- CONFERENCE CENTER
- Shall mean a facility used for business and professional conferences and seminars with accommodations for sleeping, eating and recreation.
- Shall mean next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.
- Shall mean development other than planned development.
- CORNER LOTS
- Shall mean a lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
- COUNCIL ON AFFORDABLE HOUSING
- Shall mean the Council established under the Fair Housing Act of 1985, L. 1985, c. 333 (N.J.S.A. 52:27D-301 et seq.) and which has preliminary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this State.
- COUNTY MASTER PLAN
- Shall mean a composite of the master plan for the physical development of Middlesex County with the accompanying maps, plats, charts and description and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
- DAY CARE CENTER
- Shall mean an establishment providing for the care, supervision, and protection of five children or less.
- Shall mean calendar days.
- Shall mean a unit of sound pressure level.
- Shall mean the transfer of property by the owner to a governmental entity.
- Shall mean a legal document conveying ownership of real property.
- Shall mean the number of families, individuals, dwelling units, households, or housing structures per unit of land.
- DESIGN STANDARDS
- Shall mean a set of guidelines defining parameters to be followed in site and/or building design and development.
- DETENTION BASIN
- Shall mean a facility for the temporary storage of stormwater runoff.
- Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
- Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land for which permission may be required pursuant to law.
- DEVELOPMENT REGULATIONS
- Shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to law.
- Shall mean the Division of State and Regional Planning in the Department of Community Affairs.
- Shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
- DRIVE-IN RESTAURANT
- Shall mean public eating facility where patrons purchase food while outside the physical premises of the establishment whether or not such patrons purchase such food while in their cars from a waiter or waitress, or from an employee over a counter, or at a drive-in window, for consumption either within the patron's car or away from the premises and which does not require the patron to enter the building in order to be served.
- Shall mean a structure containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof.
- DWELLING UNIT
- Shall mean one or more rooms providing living facilities for one family, including cooking facilities or the provisions therefor.
- Shall mean a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
- EFFICIENCY UNIT
- Shall mean a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided such dining alcove does not exceed 125 square feet in area.
- Shall mean any obstruction or illegal or unauthorized intrusion in a delineated floodway, right-of-way, required setback, or an adjacent land.
- ENVIRONMENTAL IMPACT STATEMENT
- Shall mean a statement of the effect of proposed development, and other major private or governmental actions, on the environment.
- Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- EXISTING USE
- Shall mean the use of a lot or structure at the time of the enactment of a zoning ordinance.
- Shall mean the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
- Shall mean one or more persons occupying a dwelling unit, who prove by clear and convincing evidence that the dwelling unit is occupied as a single non-profit housekeeping unit.
- FAST FOOD RESTAURANT
- Shall mean a commercial establishment where food and drink prepared for immediate consumption is purchased at a counter for consumption either within the restaurant building or away from the premises. Cafeterias constitute fast food restaurants under this chapter.
- Shall mean an enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary or means of protection or confinement.
- FINAL APPROVAL
- Shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approved conditioned upon the posting of such guarantees.
- FINAL PLAT
- Shall mean a map of all or a portion of a subdivision or site plan that is presented to the approving authority for final approval.
- FIREARMS SALES —
- Businesses engaged in the commercial sale and dealing of
selling of handguns, longarms, rifles, other legal guns, munitions,
and related firearm accessories as provided by state law.[Added 6-14-2018 by Ord. No. 18-12]
- FIRST FLOOR AREA
- Shall mean for the purpose of the minimum standards required in the general regulation schedule, first floor area is defined as the total floor area as measured on one horizontal plane through the building, not necessarily on the same level.
- FLAG LOT
- Shall mean a lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
- FLAG POLE
- Shall mean a pole consistently used for the raising or lowering of a flag. Flag poles shall be excepted from the height requirements as set forth in subsection 21-501.1, (Accessory Structure) but shall not exceed 40 feet and shall be permitted within the front yard setback. However, the number of flag poles shall not exceed three and each flag pole shall be setback at a minimum distance equal to its height and shall be subject to all other requirements of this chapter, where applicable.
- Shall mean attached one-family dwelling units where one unit may be located over or alongside another unit within the same building or structure. Each unit shall have its own front access and may have its own rear access to the outside, and each unit shall be separated from any other unit by one or more common fire-separation walls.
- FLOOR AREA
- Shall mean the total enclosed habitable floor area of a building, having a clear height of at least seven feet, three inches, and being above the mean ground level. Accessory buildings shall not be includable in computing minimum floor area.
- Shall mean the unit of illumination when the foot is the unit of length.
- GARAGE, PRIVATE
- Shall mean a building or space used for storing motor vehicles as an accessory to any residential use and in which no occupation, business or service for profit is carried on.
- GARAGE, PUBLIC
- Shall mean a building or space, other than a private garage, used or designed to be used for storing, repairing, servicing, selling, renting, adjusting or equipping of automobiles or other motor vehicles or parts or supplies thereof, and including service stations.
- GARBAGE AND TRASH DISPOSAL AREA
- Shall mean an area used for the disposal of garbage and trash, which includes, but is not necessarily limited to the following:
- GOVERNING BODY
- Shall mean the Township Council of the Township of Piscataway.
- Shall mean a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
- HEALTH SERVICES
- Shall mean health care facilities as well as establishments providing support to the medical professions and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
- HELIPADS or HELISTOPS
- Shall mean an area of defined dimensions designated for the landing and take-off of helicopters but not used solely for that purpose (examples: parking lots, portions of dock areas, parks, recreation or athletic fields and the tops of industrial or commercial buildings; all used for occasional helicopter landing).
- HISTORIC SITE
- Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated pursuant to law.
- HOME OCCUPATION
- Shall mean and include occupations such as dressmaking, millinery and home cooking, provided that such occupation is conducted by resident occupants of the building and that not more than 1/3 of the area of one floor of the building be used for such purpose, and further that no machinery or equipment not usually found in a residence be employed or used. No display or products or advertising of any form shall be visible from the street. No architectural or structural changes to accommodate the use of dwellings for a home occupation shall be permitted.
- HOME PROFESSIONAL USE
- Shall mean and include uses such as the office or studio of a resident physician, dentist, lawyer, architect, engineer, accountant or teacher provided that such use is conducted by resident occupants of the building living as a family unit as herein restricted; provided that not more than two persons are employed who are not members of the family, and that such office shall be on the ground floor of the main building and shall not occupy more than 1/2 of the area of the ground floor of the building. For the purposes of this paragraph, a teacher shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A professional shall not include the office of any person professionally engaged in the purchase or sale of merchandise or goods. Dancing instruction, band instrument or voice instruction, tea rooms, tourist homes, beauty parlors, barber shops, hairdressing or manicuring establishments, real estate offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted shall not be deemed to be professional uses. The professional office of a physician shall not include a biological or other medical testing laboratory. No architectural or structural changes to accommodate the use of dwellings for a home professional use shall be permitted.
- HOMEOWNERS ASSOCIATION
- Shall mean an incorporated nonprofit organization operating in a development under recorded land agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
- Shall mean a building(s) used for the diagnoses, treatment or other care of human ailments, unless otherwise specified. A hospital shall not include a nursing home, assisted care living facility or skilled nursing facility. A hospital shall include an emergency room, operating rooms for major surgical procedures, food services for patients and employees, and beds for accommodating patients in accordance with state and federal regulations.
- Shall mean a facility offering transient or extended lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
- INTERESTED PARTY
- Shall mean:
- (a) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
- (b) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
- JUNK YARD
- Shall mean any area or structure used for the collection, storage, or abandonment of any waste, discarded or used material, or the dismantling, demolition, salvaging or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof.
- Shall mean the housing, grooming, breeding, boarding, training or selling of dogs or domesticated animals, regardless of whether a fee or compensation is charged for same.
- Shall mean and include improvements and fixtures on, above or below the surface.
- LAND USE
- Shall mean a description of how land is occupied or utilized.
- LANDSCAPE PLAN
- Shall mean a component of a development plan on which is shown: proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the approving authority.
- LOADING SPACE
- A loading space shall have a minimum dimension of 12 feet by 50 feet with a minimum of 14 feet headroom exclusive of drives and aisles.
- LOCAL STREET
- Shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic.
- Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- LOT AREA
- Shall mean the total horizontal area included within lot lines, excluding any portion contained in the right-of-way of any street.
- LOT COVERAGE
- Shall mean that percentage of the lot covered by buildings exclusive of swimming pools and open patios.
- LOT DEPTH
- Shall mean the shortest horizontal distance between the mid point of the front line and a line drawn parallel to the front lot line through the mid point of the rear lot line. In lots with curvilinear front lot lines, the tangent at the mid point shall be considered the line of the parallel.
- LOT FRONTAGE
- Shall mean that portion of a lot extending along a street line. On a lot with more than one street line, the shortest of the street lines shall be deemed to be the frontage.
- LOT LINE
- Shall mean a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
- LOT WIDTH
- Shall mean the horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, the mean lot width shall not be less than the required lot width.
- MAINTENANCE GUARANTEE
- Shall mean any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
- MAJOR ARTERIAL
- Shall mean a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterials.
- MAJOR SUBDIVISION
- Shall mean any subdivision not classified as a minor subdivision.
- Shall mean the treatment or processing of raw products; and the production of articles from raw or prepared materials by giving them new forms or qualities.
- MASTER DEED
- Shall mean the legal document creating and establishing the homeowners association. It shall be executed by the owner or owners of the property making up the association and shall be recorded in the office of the County Recording Officer where such property is located.
- The master deed shall express the following particulars:
- (a) The description of the land and the buildings or building, expressing their respective areas;
- (b) The general description and number of each dwelling unit, expressing its area, location, and any other data necessary for its identification;
- (c) The description of the general common elements of the property, and, in proper cases of the limited common elements restricted to a given number of dwelling units, expressing which are those units;
- (d) The respective percentage appertaining to each unit in the expenses of, and rights in, the elements held in common, both general and limited; and
- (e) The name by which the homeowners association is to be known followed by the words "homeowners association."
- MASTER PLAN
- Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law.
- Shall mean a building intended for the entombment of human remains above ground, which building is located within the confines of a cemetery.
- Shall mean the chief executive of the Township of Piscataway.
- METES AND BOUNDS
- Shall mean a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference.
- MINOR ARTERIAL
- Shall mean a street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets.
- MINOR SUBDIVISION
- Shall mean a subdivision of land containing not more than two lots fronting on an existing minor street, not involving any new street or road or the extension of Township facilities or utilities, and not adversely affecting the development of the remainder of the parcel of adjoining property and not in conflict with any provision or portion of the master plan, official map or this ordinance.
- Shall mean an establishment providing transient sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
- MOTOR VEHICLE
- Shall mean a self-propelled receptacle, or means of transport in which something is capable of being carried, conveyed, or travels.
- MUNICIPAL AGENCY
- Shall mean the Piscataway Township Planning Board or Zoning Board of Adjustment or the Township Council when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
- Shall mean the Township of Piscataway.
- NONCONFORMING BUILDING
- Shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
- NONCONFORMING LOT
- Shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING USE
- Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
- OFF-SITE IMPROVEMENT
- Shall mean improvements required to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
- OFF-STREET PARKING
- Shall mean a temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
- Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
- OFFICIAL COUNTY MAP
- Shall mean the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Middlesex County pursuant to N.J.S.A. 40:27-5.
- Shall mean located on the lot in question.
- Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
- OPEN SPACE
- Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- Shall mean a municipally adopted law or regulation.
- Shall mean:
- PAPER STREET
- Shall mean a street that has never been built shown on an approved plan, subdivision plat, Tax Map, or official map.
- Shall mean a contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
- PARKING GARAGE/DECK
- Shall mean a multi-level, nonhabitable space or building(s) providing parking facilities for a main building where a profit or nonprofit business or service is conducted.
- PARKING SPACE
- Shall mean a space for the parking of a motor vehicle within a public or private parking area, measuring a minimum of nine feet in width by 18 feet in length.
- PARTIAL DESTRUCTION
- Shall mean a building or structure that is not substantially, totally destroyed.
- PASSIVE RECREATION
- Shall mean activities that involve relatively inactive or less energetic activities.
- PATIO HOUSE
- Shall mean a dwelling unit with open space setbacks on three sides and with a courtyard.
- PERFORMANCE GUARANTEE
- Shall mean any security, which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
- PERFORMANCE STANDARDS
- Shall mean a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.
- Shall mean written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
- PERMITTED USE
- Shall mean any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
- PERSONAL SERVICE STORE
- Shall mean a freestanding facility in a separate building providing personal services such as, but not limited to:
- Shall mean the construction and completion of a given number of living units within a planned residential development in a period of time, with the appropriate and proportionate improvements, utilities, services, facilities, recreational structures and areas, bonds or performance guarantees to assure assimilation and absorption of that section or units into the framework of the community, without impairment of the requirements of the approval for the planned residential development.
- PLANNED RESIDENTIAL DEVELOPMENT
- Shall mean an area with a specified minimum contiguous acreage of 30 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial, public or quasi-public uses all primarily for the benefit of the residential development.
- PLANNING BOARD
- Shall mean the Planning Board of the Township of Piscataway.
- PLANTED SCREEN
- Shall mean, in the instance where the Planning or Zoning Board determines that an area must be screened, the nature of such screening shall be the same as for a planted buffer area, except that the width of the screen area may be less than 50 feet.
- Shall mean a map or maps of a subdivision or site plan.
- Shall mean:
- Shall mean a small stoop, veranda, platform or stairway outside an entrance to a building, not exceeding 60 square feet. No portion shall extend more than five feet into the front yard setback. The elevation between the grade and the bottom of the deck should be screened with solid or semi-solid material such as lattice or similar wood or masonry material, subject to approval by the Zoning Officer.
- PORTABLE STORAGE UNIT
- Shall mean a transportable unit designed and used for the temporary storage of household goods, personal items, construction materials and supplies and other materials which are placed on a site for the use of occupants of a dwelling or building on a temporary or limited basis. Portable storage units include, but are not limited to, "PODS®" and other similar portable on demand storage containers.
- PRELIMINARY APPROVAL
- Shall mean the conferral of certain rights, prior to final approval, after specific elements of a development have been approved by the approving authority and agree to by the applicant.
- PRELIMINARY PLAT
- Shall mean a map indicating the proposed layout of the subdivision or site plan that is submitted to the approving authority for preliminary approval.
- PRINCIPAL BUILDING
- Shall mean a building in which is conducted the main or principal use of the lot on which the building is situated.
- PRINCIPAL USE
- Shall mean the primary or predominant use of any lot or parcel.
- PRIVATE STREET
- Shall mean a street that has not been accepted by the municipality or other governmental entity.
- PROFESSIONAL OFFICE
- Shall mean the office of a member of a recognized profession for the conduct of his professional duties. The issuance of a State or local license for regulation of any gainful occupation shall not be deemed indicative of the occupation being classed as a recognized profession. Recognized professions include, but are not necessarily limited to medicine, dentistry, clergy, architecture, engineering, law, accountancy and similar professional occupation.
- PROHIBITED USE
- Shall mean a use that is not permitted in a zone district.
- Shall mean a lot, parcel, or tract of land together with the building and structures located thereon.
- PUBLIC AREA
- Shall mean:
- PUBLIC DEVELOPMENT PROPOSAL
- Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
- PUBLIC DRAINAGE WAY
- Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
- PUBLIC HEARING
- Shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
- PUBLIC NOTICE
- Shall mean the advertisement of a public hearing in a paper or general circulation, and through other media sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspected.
- PUBLIC OPEN SPACE
- Shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses.
- PUBLIC UTILITY INSTALLATION
- Shall mean a facility providing service to the public such as high voltage transmission lines, towers and substations, fire house and rescue squad buildings except that no service or storage yards for public utility uses are included.
- Shall mean four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.
- Shall mean the majority of the full authorized membership of a municipal agency.
- Shall mean a home, abode, or place where an individual is actually living at a specific point in time.
- RESIDENTIAL CLUSTER
- Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
- RESIDENTIAL DENSITY
- Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
- Shall mean a public eating facility where patrons are first seated at tables or booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses, at such tables, booths or counters. The term "restaurant" does not include "drive-in restaurant" or "fast food restaurant" as otherwise defined in this section.
- RETAIL STORE
- Shall mean the sale of items on the premises directly to the consumer and not for resale, including but not limited to:
- (a) Grocery stores;
- (b) Dry goods stores;
- (c) Meat and poultry stores;
- (d) Baked goods stores;
- (e) Packaged liquor stores and taverns;
- (f) Drug stores;
- (g) Flower shops;
- (h) Confectionery stores;
- (i) Household supply stores;
- (j) Stationery supply stores;
- (k) Haberdashery stores, dress goods and notions;
- (l) Hardware, plumbing supply and electrical appliances stores;
- (m) Sporting goods stores;
- (n) Jewelry and gift shops;
- (o) Restaurants (but not fast food restaurants or drive-in restaurants).
- RETAINING WALL
- Shall mean a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.
- RETENTION BASIN
- Shall mean a pond, pool, or basin used for the permanent storage of water runoff.
- Shall mean to change the zoning classification of particular lots or parcels of land.
- RIGHT OF ACCESS
- Shall mean the legal authority to enter or leave a property.
- Shall mean: (1) a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses; (2) generally, the right of one to pass over the property of another.
- ROOF SIGN
- Shall mean a sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
- Shall mean the portion of rainfall, melted snow, irrigation water, and any other liquid that flows across ground surface and eventually is returned to streams.
- SEASONAL USE
- Shall mean a use carried on for only a part of the year, such as outdoor swimming during the summer months or skiing during the winter months.
- Shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
- SENIOR CITIZEN AND ACTIVE ADULT DWELLINGS
- The term "Senior Citizen/Active Adult" shall mean that at least one member of the family living in the dwelling shall be at least 55 years of age. All dwelling units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age being a permanent resident thereof.
- SERVICE STATION
- Shall mean a building or space for the retail sale of gasoline or other motor vehicle fuel and lubricating substances and including the sale of accessories that are installed in motor vehicles or the repair of motor vehicles.
- SERVICES FACILITY
- Shall mean a building or portion thereof, wherein a health service of primarily a diagnostic nature is provided, including the office of a physician and other health practitioner but not including facilities for the diagnoses and treatment of alcoholism and drug addiction.
- SETBACK LINE
- Shall mean a line parallel to the lot line and distant therefrom the prescribed distance, as set forth in Section 21-501 the Schedule of General Regulations.
- Shall mean an accessory structure whose primary function is storage of equipment or material employed in conjunction with a residential use.
- SHOPPING CENTER
- Shall mean one or more buildings, or parts thereof, designed as a unit to be occupied by one or more business enterprises for the conduct of business, and conducted as an integrated and cohesively planned development.
- Shall mean a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
- SIGHT TRIANGLE
- Shall mean a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Also known as a sight easement.
- Shall mean any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any public, quasi-public, civic, charitable or religious group.
- SIGN AREA
- Shall mean the area defined by the frame edge of a sign. Where there is no geometric frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.
- SIGN, ADVERTISING
- Shall mean any sign or billboard which is owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs, or any sign advertising a commodity not sold or produced on the premises.
- SIGN, IDENTIFICATION
- Shall mean any sign which shall be used to advertise or identify the use conducted on the premises where the sign is located.
- SIGN, ROOF
- Shall mean any sign, as hereinabove defined, which projects and is mounted above the elevation of the perimeter of the building.
- Shall mean any plot or parcel of land or combination of contiguous lots or parcels of land.
- SITE PLAN
- Shall mean a development plan of one or more lots on which is shown:
- (a) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
- (b) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and;
- (c) Any other information that may be reasonably required in order to make an informed determination pursuant to Chapter 24, the Piscataway Township Site Plan Review regulations.
- SITE PLAN, EXEMPT
- Shall mean a site plan shall not be required for single-family or two-family dwellings and their accessory buildings unless such dwellings involve a home occupation or home professional office. For nonresidential uses or residential uses other than those exempted above, building alterations or changes in permitted principal or permitted accessory uses which do not involve a change in the size of the gross floor area, or the building foundation, or do not require additional parking, shall be exempt.
- SOLAR ENERGY SYSTEM
- Shall mean all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
- SOLAR PANELS
- Shall mean structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
- STORMWATER DETENTION
- Shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof.
- Shall mean a public thoroughfare which has been dedicated or deeded to the public for public use and has been accepted by the Township.
- STREET LINE
- Shall mean that line determining the limit of the street right-of-way rights to the public either existing or contemplated.
- STRUCTURAL ALTERATIONS
- Shall mean any change in either the supporting members of a structure, such as bearing walls, bearing partitions, columns, beams or girders, or in the roof and exterior walls or in the foundation, including any enlargement of or addition to the structure, but excluding such alteration of the exterior design as does not affect the form or character of the structure.
- The location, construction or alteration of decks shall be governed by Section 21-620 of this chapter. The location, construction and alteration of sheds shall be governed by Section 21-621 of this chapter.
- Shall mean anything constructed, assembled or erected, the use of which requires location on the ground, or attachment to something having location on or in the ground, including but not limited to tanks, towers, advertising devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities lying entirely below the ground or fireplace which extend less than two feet from a principal building. The construction and alteration of fences shall be governed by Section 21-6, subsection 21-619 of this chapter.
- Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (a) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
- (b) Divisions of property by testamentary or intestate provisions;
- (c) Divisions of property upon court order, including, but not limited to judgments of foreclosure;
- (d) Consolidation of existing lots by deed or other recorded instrument; and
- (e) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
- Shall mean:
- SWIMMING POOLS
- Shall mean private residential and public pools, permanently constructed, above or below ground, having a depth of more than two feet and/or a water surface of more than 100 square feet, designed and maintained for swimming and bathing purposes; pools include all buildings, structures, edging, aprons, walkways and equipment appurtenant thereto.
- SWIMMING POOLS, PORTABLE
- Shall mean a pool not permanently installed, lacking water filtration, circulation and purification systems, without braces or supports and having less than two feet in water in depth and less than 100 square feet of water surface area.
- TEMPORARY STRUCTURE
- Shall mean a structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
- Shall mean a one-family dwelling in a grouping of at least three such contiguous dwellings.
- TRAILER CAMP
- Shall mean land used or intended to be used by tents, trailers or movable dwellings. Two or more trailers, whether parked or supported by foundations, will constitute a trailer camp.
- Shall mean a residence on wheels, skids or rollers, other than a travel trailer or camper trailer, without motor power designed to be used for long-term human habitation or for carrying persons or property, including a trailer coach, house trailer or mobile home, whether or not it is raised off the wheels, skids or rollers in a temporary or permanent fashion.
- TRIANGULAR SHAPED LOTS
- Shall mean a lot where the rear lot line is at least twice the length of the front lot line. The rear lot line shall be the length of the line measured by drawing a line connecting the rear points on each side lot line.
- Shall mean a structure containing three dwelling units, each of which has direct access to the outside or to a common hall.
- TRUCK TERMINAL
- Shall mean an originating or terminating point for trucks, which may include servicing facilities for trucks and comfort facilities for drivers but which does not include the storage or warehousing of items transported by the trucks.
- TUTORING AND LEARNING CENTER
- Shall mean a facility for the instruction and/or testing of adults and children in academic, secular enrichment or vocational subjects, not leading to a degree or certification, provided there is a maximum of 10 persons (including the instructors) in a room at any one time, and 25 persons (including the instructors) in the facility at any one time, and further provided that all children under the age of 14 must be dropped off and picked up inside the structure where the use is being conducted, by an adult.
- Shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
- USE VARIANCE
- Shall mean a variance granted for a use or structure that is not permitted in the zone.
- Shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and subsections 29.2b, 57c and 57d of the Municipal Land Use Law.
- Shall mean any receptacle or means of transport in which something is carried or conveyed or travels.
- Shall mean permission to depart from the requirements of an ordinance with respect to the submission of required documents.
- Shall mean a specifically delineated area or district in a municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
- Shall mean the delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.
- ZONING BOARD
- Shall mean the Zoning Board of Adjustment of the Township of Piscataway, as established by law.
- ZONING MAP
- Shall mean the map or maps that delineate the boundaries of zone districts.
- ZONING OFFICER
- Shall mean the administrative officer designated to administer the zoning ordinance and issue zoning permits.
- ZONING PERMIT
- Shall mean a document signed by a Zoning Officer or designated representative, as required in the zoning ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.
[1972 Code § 21-401; Ord. No. 06-09 § 2; Ord. No. 09-32; Ord. No. 11-05 § 2; Ord. No. 2016-21 § 1; Ord. No. 2017-15 § 2]
For the purposes of this chapter, the Township of Piscataway is hereby divided into the following zones:
[1972 Code § 21-402; Ord. No. 06-09 § 1; Ord. No. 07-12; Ord. No. 09-32; Ord. No. 11-05; Ord. No. 2016-21 § 1; Ord. No. 2016-44; Ord. No. 2017-15 § 1]
The boundaries of these zones and classes of zones are hereby established on a map entitled "Official Zoning Map," dated October, 1983, which map, as may be amended further from time to time, is hereby declared to be a part of this chapter. The official zoning map is on file in the municipal building of the Township.
The Zoning Map shall be amended as follows:
Block 413.1, Lot 3.06 shall be designated AH-1, Affordable Housing 1.
Block 349, Lot 3.03; and Block 358, Lots 17-21 and 26.02 shall be designated AR-1, Age Restricted 1.
Block 734, Lot 44.14 shall be designated TV, Transit Village.
Block 229.1, Lot(s) 1.01 and 1.02 shall be designated R-20, Residential.
Block 346, Lot 1.01 shall be designated R-10, Residential.
Block 859.2, Lot 8 shall be designated R-15, Residential.
Block 116, Lot 1-D, shall be designated SC, Shopping Center.
Block 317, Lots 6.01, 9.04, 11.04, and 11.05 shall be designated AH-2, Affordable Housing 2.
Block 756, Lot 2.04 shall bear the zoning designation SNF, Skilled Nursing Facility.
Block 746.1, Lot 1.01, Block 747, Lot 1.01 and Block 831, Lot 1.02 shall bear the zoning designation of CS, Community Services.
Block 2101, Lot 11.02, shall be designated AH-2, Affordable Housing 2.
Block 9201, Lots 46.06, 46.07, 46.11 shall be designated AH-3, Affordable Housing 3.
Block 8901, Lot 1.05, shall be designated AH-3, Affordable Housing 3.
Block 6201, Lot 6.02 and Block 7401, Lot 2.02 shall be designated TC, Towne Center.
[1972 Code § 21-403]
Where uncertainty exists as to any of the boundaries as shown on the map, the following rules of interpretation shall apply:
Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, electric transmission line rights-of-way, watercourses and lot or property lines as they exist on the plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions shown on the official zoning map or by metes and bounds description as contained in this chapter.
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 25 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
In unsubdivided lands and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
The Board of Adjustment shall have the power to fix the true location of any zone boundary in cases of uncertainty or dispute.
[1972 Code § 21-5]
The Schedule of General Requirements applicable to the zones hereinafter enumerated, which schedule is set forth in subsection 21-501, is incorporated herein and is to be considered part of this chapter.
[1972 Code § 21-501; Ord. No. 08-15]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.
[1972 Code § 21-501; Ord. No. 10-05; New; Ord. No. 11-25; Ord. No. 13-30; 6-14-2018 by Ord. No. 18-12]
Editor's Note: The Schedule of Use Requirements is included as an attachment to this chapter.
[1972 Code § 21-501; Ord. No. 08-13; New; Ord. No. 11-25; Ord. No. 2017-22]
Editor's Note: The Schedule of Uses in the LI-1 and LI-5 Districts is included as an attachment to this chapter.
[1972 Code § 21-501; Ord. No. 11-25]
Editor's Note: The Schedule of Uses in the Educational and Research Districts is included as an attachment to this chapter.
[1972 Code § 21-501; Ord. No. 11-25]
Editor's Note: The M-1 and M-5 Industrial Districts is included as an attachment to this chapter.
The following regulations shall apply in all zones:
[Amended 7-23-2019 by Ord. No. 19-18]
No building shall hereafter be erected, and no existing building shall be moved, structurally altered, enlarged or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the principal and accessory uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the Schedule of General Requirements in Subsection 21-501.1, including, but not limited to, the yard, lot area, building location, percentage of lot coverage, off-street parking space regulations, and such other regulations designated in the schedule and this chapter for the zone in which such building or land is located. In the event of a violation of any of the aforesaid zoning regulations, such building shall be deemed in violation of the provisions of this chapter, and no certificate of occupancy shall be issued therefor. The provisions of the Zoning Ordinance of the Township of Piscataway shall not be applicable to any land, building or structure owned, leased or used by the Township, including, but not limited to, the Schedule of General Requirements in Subsection 21-501.1. No municipal open space, municipal drainageway, municipal right-of-way or municipal easement shall be encroached upon or reduced in any manner.
Every principal building shall be built upon a lot with frontage upon a public or private street. Every lot shall have a grading plan and finished garage floor elevations approved through submission of a foundation location survey prior to securing a framing inspection after a building permit has been issued.
An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building. No lot shall have erected upon it more than one principal residential building.
Corner lots shall provide the minimum front setback requirements for the respective zone for both intersecting streets.
No yard or other space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on any lot shall be considered as providing a yard or open space for a building on any other lot.
At the intersection or interception of two or more streets, no hedge, fence or wall higher than 2.5 feet above curb level, nor any obstruction to vision above the height of 2.5 feet above curb level, other than a post or tree, shall be permitted within the triangular area in the following manner: The area bounded by the right-of-way lines and a straight line connecting "sight points" on street center lines which are the following distances from the intersecting center lines.
Where a State or Federally designated highway intersects a County road, two overlapping sight triangles shall be required formed by 250 feet and 90 feet on each road.
Where a County road intersects any other County road, a sight triangle measuring 250 feet on the road designated as a through street in the adopted through street resolution of the County and 90 feet on the other.
Where a County road intersects a local street, a sight triangle shall be required measuring 250 feet on the County road from intersecting center lines and 90 feet on the local street.
Where two local roads intersect, a right triangle shall be required measuring 90 feet on both sides.
Business structures or uses shall not be used for the display of goods for sale or rental purposes outside of the structure area in which such activity is carried on.
Buildings and areas may be illuminated; however, the actual source of illumination shall be shielded from public view so that no glare is visible from a public right-of-way or from adjacent properties.
In any zone, all uses not specifically permitted are prohibited.
No commercial vehicle or commercial trailer shall be parked out of doors between the hours of 8:00 p.m. and 6:00 a.m. in any residential zone or any lot or on the street adjoining the same and no more than one commercial vehicle shall be parked on any residential lot or on the street adjoining the same. No commercial vehicle or trailer shall be parked out of doors between the hours of 8:00 p.m. and 6:00 a.m. on any street located within both a commercial zone and a residential zone where the line dividing the zones from the residential zone bisects such street. A commercial vehicle including commercial trailers of 3/4 ton manufacturer's rated capacity or less, may be parked out of doors, provided however, that no more than one such vehicle shall be parked on any residential lot or street adjoining the same. Provisions of this section shall be administered and enforced by the Zoning Officer and the Director of Public Safety and their designees.
All yards facing on a public street, except frontage on Interstate 287, shall be considered front yards and shall conform to the minimum front setback requirements for the zone in which located, notwithstanding lot frontage definition.
[Ord. No. 2015-10]
A person seeking to construct a new home on a conforming lot not forming part of any subdivision, shall install sidewalks, curbs, gutters and drywells unless the property owner thereof can demonstrate to the reasonable satisfaction of the Township Engineer that the installation of one or more of these improvements is not practicable under the circumstances. The decision of the Township Engineer shall be binding upon the property owner. Any waiver granted by the Township Engineer shall be conditioned upon the payment by the property owner of a sum equal to the cost of the installation of the sidewalks, curbs, gutters and drywells (or any of these items so waived) which would otherwise have to be installed. The calculation of the payment shall be based upon estimates prepared by the property owner or its engineer and submitted to the Township Engineer for review and approval. The funds shall be deposited into the Township's general operating account and be realized as general revenue of the Township.
All lots in all zones shall have a lot frontage equal to the minimum lot width, except that on triangular shaped lots fronting on a cul-de-sac, the length of the frontage shall be not less than 75% of the minimum width required in the R-7.5 and R-10 Zones and 66 2/3% in all other zones.
In industrial and commercial zones all land areas not occupied by buildings or parking areas shall be attractively maintained.
Where more than 50% of the street frontage in any block is developed, the required front yard for any building shall be a depth not less than the average depth of the front yards of all the existing buildings, but in no case shall the front yard be less than 25 feet.
A swimming pool including any decks, pumps, filters and other related equipment shall be located only in the rear yard of an existing residence building and shall not be constructed or installed within 10 feet of any side yard or rear line.
[1972 Code §§ 21-601 — 21-618; New § 21-601; New]
In the case of a corner lot, a swimming pool shall not be constructed any closer to the side street line than the prevailing setback line on that street, or the required setback line for front yards, as set forth in this chapter.
In any residential district, no wall or fence shall be erected or altered so that the wall or fence shall be over four feet in height, except a wall or fence behind the front yard setback line shall be permitted up to six feet in height. Fences in the front yard setback line of any residential district shall consist of no more than 50% solid material, which shall be equally distributed throughout the entire length of the fence, except no fence shall be permitted on a corner lot unless it conforms to the sight triangle provisions of Section 21-6, subsection 21-606 of this chapter. All solid fences must be of substantial wood construction or vinyl, structurally sound, able to withstand wind and weather and be of stockade, basketweave, picket or shadowboard design. Every vinyl fence must conform to a standard specification known as ASTM Designation: F964-94 rigid polyvinyl chloride (PVC) Exterior Profiles used for fencing.
In any commercial or industrial district, no wall or fence shall be erected or altered so that the wall or fence shall be over six feet in height, except that a wall or fence behind the front yard setback line shall be permitted up to eight feet in height. No fence on a corner lot shall be permitted unless it conforms to the provisions of Section 21-6, subsection 21-606 of this chapter.
No fence shall be erected with barbed wire or topped with metal spikes.
[1972 Code §§ 21-619 — 21-619.5]
All fences shall be installed with the finished side facing out, away from the area being enclosed.
[1972 Code § 21-620]
A deck is considered an accessory structure provided it does not include walls or a roof and further provided it does not include a continuous foundation. In this case, the area of the deck shall not be considered when computing maximum lot coverage. A deck may or may not be attached to the principal structure. A deck must comply with principal structure setbacks in all cases, and it must be installed behind the front facade(s) of the principal structure. If walls or a roof or a continuous foundation are included, the deck shall be deemed to be a part of the principal structure, if attached to same and an accessory structure if detached. If walls or a roof are included, the area of the deck shall be considered when computing maximum lot coverage.
[1972 Code § 21-621]
No shed will be higher than nine feet above ground level. No shed shall have a floor area greater than 100 square feet. No shed shall be constructed or erected within three feet from any property line and no shed shall be located within the front yard. There shall be no more than three sheds on any one residential lot.
[1972 Code § 21-622]
Where a developer proposes detention or retention basins as part of a land development application, or where the Zoning Board or Planning Board recommends the construction or installation of a detention or retention basin, the developer's specific construction proposal shall be reviewed by the Township Engineer, or his designee, for public safety purposes; that review shall include considerations of signs, fences, outlet control, and/or other means to reduce the volume or velocity, as the case may be, of the flow of storm water run-off. The Township Engineer, or his designee shall submit written recommendations in accordance with generally accepted standards of design, from a public safety viewpoint, to the applicant and to the appropriate board. The Planning Board and the Zoning Board are hereby granted authority to approve detention or retention basins on such recommendation. See Plate B for design details. (Plate B, referred to herein, may be found on file in the Planning and Zoning Office.)
[1972 Code § 21-623]
Cemeteries shall be permitted in all zones. The minimum lot size for each cemetery shall be 15 acres and the minimum lot width, depth, and frontage shall be 800 feet. No principal or accessory building shall be constructed nearer to any property line than 200 feet. All other bulk requirements of the zone shall apply. Primary access to the property shall be by other than a local street, as such term is defined by Chapter 20, Land Subdivision, of this Code.
One parking space shall be provided for every 300 square feet of office space plus one space for every 500 square feet of garage/maintenance area, plus 15 spaces for any area designated as proposed mausoleum area. In addition to the 15 spaces required for any mausoleum, a loading and unloading zone of two additional spaces may be required as reserved spaces at the discretion of the Planning Board.
[1972 Code § 21-624]
Where a developer installs utility or structural improvements, on or off site, including but not limited to storm water, sanitary sewer, gas or water lines, building foundations, electric or cable television cables, etc., the developer's specific construction proposal shall be reviewed by the Township Engineer, or his designee, for public safety purposes. That review shall include considerations of depth of excavation, time period for installation, depth to water table and/or need for fencing, signage, backfilling, or other means to insure the safety of the public until the installation of the improvements is certified by the appropriate public officials to be complete. This review shall be in addition to and shall supplement any review conducted by the Department of Public Safety.
[Added by Ord. No. 2016-41]
The use of any portable storage unit shall be subject to the following provisions:
All persons or entities must obtain a permit from the Zoning Officer and pay the applicable fee prior to the placement of the portable storage unit on a lot. A survey depicting the proposed location of the portable storage including distance to the property lines must be submitted with the zoning permit application.
A maximum of one portable storage unit may be placed on a site.
A portable storage unit may not remain on a site for more than 30 days from the date of the issuance of a zoning permit, unless an extension is granted pursuant to paragraph i of this section. Only one permit shall be issued within any twelve-month period.
All portable storage units shall be placed in the side yard or rear yard of a lot. Portable storage units shall not be located in the front yard.
All portable storage units shall prominently display the date of the zoning permit and the date upon which the portable storage unit must be removed (permit expiration date) pursuant to the zoning permit.
It shall be prohibited to place any portable storage unit upon any Township owned property, or any public or private street.
No portable storage unit shall contain flammable, toxic or hazardous materials.
All zoning permits issued under this section are subject to revocation by the Zoning Officer if the portable storage unit has an adverse effect on the public safety or public welfare.
[Added by Ord. No. 2016-41]
No boat or boat trailer and no camping or travel trailer or personal watercraft shall be stored in any front yard except on the paved driveway of a property.
Only one of either a boat and trailer, camping/travel trailer or personal watercraft shall be stored on the driveway of a property.
No boat or boat trailer and no camping or travel trailer or personal watercraft shall be stored within eight feet of a rear yard or side yard property line or within 12 feet of a front yard property line.
Any boat, boat trailer, camping/travel trailer or personal watercraft stored on the driveway must be in good working condition.
All boats and personal watercraft shall be drained of all gasoline/fuel during storage between November 1st and April 30th.
No person or persons shall occupy or reside in any boat or any camping or travel trailer stored upon a lot in any zone.
All boats, boat trailers, camping or travel trailers and personal watercraft must be properly registered, if required, with the New Jersey Motor Vehicle Commission or otherwise required by law.
Garden apartments are permitted in the R-M Zone subject to the following requirements:
There shall be no more than 15 units per acre in any garden apartment development.
No permit shall be issued for a garden apartment development consisting of less than 32 dwelling units.
All buildings, including garages, shall conform to a single architectural design.
The exterior of all buildings shall be of brick or stone, except that decorative trim may be utilized to cover not in excess of 20% of the exterior surface, provided that such trim must be backed with fire resistant material.
All dwelling units shall contain front and rear entrances. No exterior staircases shall be permitted, and all staircases shall be confined within the building.
Storage areas shall be provided for each dwelling unit with a minimum area of 50 square feet per bedroom and a minimum headroom of seven feet, exclusive of closet space within the apartment.
All dwelling units shall have cross-ventilation.
The applicant shall make provision for adequate fire protection and safety and for the elimination of unnecessary traffic hazards.
Applicant must make provision for a superintendent to live upon the premises, which superintendent shall be employed on a full-time basis and whose occupation shall be the care, supervision and maintenance of the garden apartment project in which he is employed.
In the layout of garden apartments on a lot or tract of land, the following minimum distances shall be maintained:
Between all main buildings and detached accessory buildings, 35 feet.
Between ends of all buildings, where walls are parallel to each other, 30 feet.
Between ends of all buildings, where walls are parallel to each other and driveways are introduced in order to reach parking areas, 40 feet.
From the front facade of a structure to the front facade of an opposite structure, where walls are parallel, 70 feet.
From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel, 55 feet.
From the front facade of a building to the side wall of an adjoining building where walls are parallel, but do not overlap, 20 feet.
The front facade of a building shall not overlap the sidewall of an opposite building by more than eight feet unless the buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
The term "parallel," as used in this section, shall include the meaning approximately or approaching parallel positions.
The maximum length of any front facade shall not exceed 100 feet before a change in such facade is introduced. Such change shall be a minimum of four feet.
In a garden apartment there shall be no living quarters in the basement or cellar areas.
Pedestrian sidewalks shall be provided along both sides of all new streets and in locations wherever normal pedestrian traffic will occur.
Electric and telephone lines on the site shall be installed underground.
Adequate facilities shall be provided for the handling of garbage and trash by the installation of a raised platform, a minimum of three inches from ground level for each garden apartment building, which platform shall be enclosed or walled in with the same brick or stone material as used on the main buildings. All garbage and waste receptacles shall be stored and maintained on the platform, and there shall be a minimum capacity of 40 gallons per dwelling unit. The height of the wall or enclosure shall be at least the height of the garbage or waste receptacle.
There shall be no more than eight dwelling units per building.
Central or individual air-conditioning units shall be provided to permit each apartment unit to maintain throughout a temperature of 72° F. when the outside temperature is 90° F. Where central air-conditioning is installed, the temperature for each apartment must be controlled individually.
No parking shall be permitted within the required setback area.
All internal streets shall be constructed to meet the standards and specifications of the Township and shall provide not less than a fifty-foot right-of-way and a thirty-foot paved width.
All parking lots shall be adequately lighted, either with wall-mounted or post-mounted ornamental fixtures. Lights shall be adequately shielded from adjoining residences.
[Ord. No. 11-22]
No portion of a garden apartment development or a senior citizen housing development, nor any parking facility serving any such use, shall be located within 500 feet of the bank of the Raritan River.
[1972 Code §§ 21-701 — 21-720; Ord. No. 11-22]
Any required approvals such as site plan approval of a proposed garden apartment development or senior citizen housing development, or any parking facility serving any such use within 1,000 feet of the bank of the Raritan River, shall include an evacuation plan. The evacuation plan shall address procedures and methods to be utilized in evacuating the facility in the event of flooding or other emergency event. The plan shall be forwarded to the Coordinator of Emergency Management, Chief of Police and Township Fire Official for their comments, recommendations and approval.
Senior citizen housing may be permitted in the SCH Zone subject to the following requirements:
Residents must be 62 years of age or older.
The maximum density shall be 20 units per acre.
Minimum off-street parking areas shall bye provided in accordance with New Jersey State Housing Finance Agency guidelines.
Curbs and sidewalks shall be required. The parking areas shall be connected by sidewalks to the principal building.
The front entrance to the principal building shall be so designed so that passengers can be discharged from vehicles undercover.
Each unit shall be equipped with an air-conditioning system.
All setback and bulk requirements shall be in accordance with the Schedule of General Requirements, Section 21-501.
No portion of a garden apartment development or a senior citizen housing development, nor any parking facility serving any such use, shall be located within 500 feet of the bank of the Raritan River.
[1972 Code §§ 21-701A — 21-709A; New; Ord. No. 11-22]
Any required approvals such as site plan approval of a proposed garden apartment development or senior citizen housing development, or any parking facility serving any such use within 1,000 feet of the bank of the Raritan River, shall include an evacuation plan. The evacuation plan shall address procedures and methods to be utilized in evacuating the facility in the event of flooding or other emergency event. The plan shall be forwarded to the Coordinator of Emergency Management, Chief of Police and Township Fire Official for their comments, recommendations and approval.
The development in the LI-1 and M-1 Industrial Zones of any permitted use or permitted accessory use on a parcel of land which is three acres or larger is forthwith subject to and to be in strict accordance with the following schedule of bulk and density requirements:
Area: 129,000 square feet, Width: 250 feet, Depth: 250 feet.
Principal Building — Front: 75 feet, Each side: 40 feet, Rear: 50 feet. Accessory building — Front: 100 feet, each side: 40 feet, Rear: 50 feet.
Percentage of Lot Area — 45%.
15,000 square feet.
Principal building — three stories, 40 feet;
Accessory building — 1 1/2 stories, 25 feet.
See Section 21-11.
See Section 21-12.
[1972 Code §§ 21-8 — 21-810]
See Section 21-13.
[Ord. No. 10-21 § 21-801A]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and the general welfare of its citizenry. The Township Council of the Township of Piscataway, Middlesex County, New Jersey does ordain the following section.
The Flood Hazard Areas of the Township of Piscataway are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
[Ord. No. 10-21 § 21-802A]
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to these flood losses.
[Ord. No. 10-21 § 21-803A]
It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
Protect human life and health;
Minimize expenditure of public money for costly flood control projects;
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
Minimize prolonged business interruptions;
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[Ord. No. 10-21 § 21-804A]
In order to accomplish its purposes, this ordinance includes methods and provisions for:
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
Controlling filling, grading, dredging, and other development which may increase flood damage; and
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
[Ord. No. 10-21 § 21-805A]
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
- Shall mean a request for a review of the Township Engineer's interpretation of any provision of this section or a request for a variance.
- AREA OF SHALLOW FLOODING
- Shall mean areas designated AO, AH, or VO zone on the Township's Digital Flood Insurance Rate Map (DFIRM) with a 1% annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist; where the path of flooding is unpredictable; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
- AREA OF SPECIAL FLOOD HAZARD
- Shall mean the land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year.
- BASE FLOOD
- Shall mean the flood having a 1% chance of being equaled or exceeded in any given year.
- Shall mean an area of the building having its floor subgrade (below ground level) on all sides.
- BREAKAWAY WALL
- Shall mean a wall that is not part of the structural support of a building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
- Shall mean any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of Special Flood Hazard.
- DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
- Shall mean the official map on which the Federal Insurance Administration has delineated both the Areas of Special Flood Hazards and the risk premium zones applicable to the Township.
- ELEVATED BUILDING
- Shall mean a non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the Base Flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
- FLOOD INSURANCE STUDY (FIS)
- Shall mean the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the Base Flood.
- FLOOD or FLOODING
- Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOODPLAIN MANAGEMENT REGULATIONS
- Shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
- Shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than 0.2 foot.
- HIGHEST ADJACENT GRADE
- Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Shall mean any structure that is:
- a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
- b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- c. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
- d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- LOWEST FLOOR
- Shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.
- MANUFACTURED HOME
- Shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
- MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
- Shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- NEW CONSTRUCTION
- Shall mean structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by the Township and includes any subsequent improvements to such structures.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- Shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the Township.
- RECREATIONAL VEHICLE
- Shall mean a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the longest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
- START OF CONSTRUCTION (for other than New Construction or Substantial Improvements under the Coastal Barrier Resources Act (P.L. No. 97-348))
- Shall include Substantial Improvements and mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
- Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on a property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a Substantial Improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
- Shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
- SUBSTANTIAL DAMAGE
- Shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the Start of Construction of the improvement. This term includes structures which have incurred Substantial Damage, regardless of the actual repair work performed. The term does not, however, include either:
- a. Any project for improvement of a structure to correct existing violations of State or Township health, sanitary or safety code specifications which have been identified by the Township Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
- b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
- Shall mean a grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.
[Ord. No. 10-21 § 21-806A.1]
This section shall apply to all areas of Special Flood Hazards within the jurisdiction of the Township of Piscataway, Middlesex County, New Jersey.
The areas of Special Flood Hazard for the Township of Piscataway, Community No. 340274, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
A scientific and engineering report "Flood Insurance Study, Middlesex County, New Jersey (All Jurisdictions)" dated July 6, 2010.
Flood Insurance Rate Map for Middlesex County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 34023C0009F, 34023C0017F, 34023C0027F, 34023C0028F, 34023C0029F, 34023C0031F, 34023C0033F, 34023C0036F, 34023C0037F, 34023C0038F, 34023C0039F, 34023C0041F, 34023C0043F; whose effective date is July 6, 2010.
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and Flood Insurance Rate Maps are on file at the office of the Township Clerk, 455 Hoes Lane, Piscataway, New Jersey 08854.
[Ord. No. 10-21 § 21-806A.3]
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,000 or imprisoned for not more than 60 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the violation. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 10-21 § 21-806A.4]
This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. No. 10-21 § 21-806A.5]
In the interpretation and application of this section, all provisions shall be:
[Ord. No. 10-21 § 21-806A.6]
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
This section shall not create liability on the part of the Township, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
[Ord. No. 10-21 § 21-807A.1]
A Development Permit shall be obtained before construction or development begins within any area of Special Flood Hazard established in Section 21-806A2. Application for a Development Permit shall be made on forms furnished by the Township Engineer and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
Elevation in relation to mean sea level to which any structure has been floodproofed.
Certification by a New Jersey licensed professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 21-807A.5-2(b); and
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[Ord. No. 10-21 § 21-807A.2]
The Township Engineer is hereby appointed to administer and implement this section by granting or denying Development Permit applications in accordance with its provisions.
Duties of the Township Engineer shall include, but not be limited to:
Review all Development Permits to determine that the permit requirements of this section have been satisfied.
Review all Development Permits to determine that all necessary permits have been obtained from those Federal, State or Township governmental agencies from which prior approval is required.
Review all Development Permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of Section 21-807A.5-3(a) are met.
When base flood elevation and floodway data has not been provided in accordance with Section 21-806A.2, Basis for Establishing the Areas of Special Flood Hazard, the Township Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 21-807A.5-2(a), Specific Standards, Residential Construction, and Section 21-807A.5-2(b), Specific Standards, Nonresidential Construction.
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
Maintain for public inspection all records pertaining to the provisions of this section.
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.
[Ord. No. 10-21 § 21-807A.3]
Make interpretations where needed, as to the exact location of the boundaries of the areas of Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 21-807A.4.
The Planning Board as established by the Township shall hear and decide appeals and requests for variances from the requirements of this section.
The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Engineer in the enforcement or administration of this section.
Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in N.J.S.A. 40:55D-17(h) and New Jersey Court Rule 4:69-1 et seq.
In passing upon such applications, the Planning Board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:
The danger that materials may be swept onto other lands to the injury of others;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and flood plain management program of that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Upon consideration of the factors of Section 21-807A.4-1(d) and the purposes of this section, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
The Township Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
[Ord. No. 10-21 § 21-807A.4]
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the Base Flood level, providing items (i) through (xi) in Section 21-807A.4-1(d) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
Variances shall not be issued within any designated floodway if any increase in flood levels during the Base Flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 21-807A.4-1(d), or conflict with existing Township ordinances.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the Base Flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
In all areas of Special Flood Hazards the following standards are required:
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and Township anchoring requirements for resisting wind forces.
Construction Materials and Methods.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
All subdivision proposals shall be consistent with the need to minimize flood damage;
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
Enclosure Openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a New Jersey licensed professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
In all areas of Special Flood Hazards where base flood elevation data have been provided as set forth in Section 21-806A.2, Basis for Establishing the Areas of Special Flood Hazard or in Section 21-807A.3-2, Use of Other Base Flood and Floodway Data, the following standards are required:
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated to or above Base Flood elevation;
Within any AO zone on the Township's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
Nonresidential Construction. In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities: either
Elevated to the level of the Base Flood elevation; and
Within any AO zone on the Township's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
Manufactured homes shall be anchored in accordance with Section 21-807A.5-1(a)(ii).
All manufactured homes to be placed or substantially improved within an area of Special Flood Hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the Base Flood elevation.
[Ord. No. 10-21 § 21-807A.5]
Located within areas of Special Flood Hazard established in Section 21-806A.2 are areas designated as Floodways. Since a Floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
Prohibit encroachments, including fill, New Construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the Base Flood discharge.
If Section 21-807A.5-3(a) is satisfied, all New Construction and Substantial Improvements must comply with Section 21-807A.5 Provisions for Flood Hazard Reduction.
In all areas of Special Flood Hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
[1972 Code § 21-9]
After application to the Administrative Officer for a zoning permit which is required as a condition precedent to the commencement of a use or the construction, erection, reconstruction, alteration, conversion or installation of a structure, building, parking lot, wall or other construction or change of use other than one-family residential use, an application shall be made to the appropriate municipal agency for a site plan approval. No zoning permit shall be issued by the Zoning Officer unless and until a site plan approval shall first have been granted by the appropriate municipal agency, except that no site plan approval shall be required for exempt site plans (see Definitions, subsection 21-3b) or for small additions and changes meeting the criteria of subsection 24-201.1 of Chapter 24, Site Plan Review.
[1972 Code § 21-10]
Compliance with Conditions and Standards. General uses listed as a conditional use may be permitted by the Planning Board only after it has been determined that the development proposal complies with the conditions and standards set forth in this section for the location and operation of such use.
[1972 Code § 21-1001]
In any residential zone other than the R-75 and R-10 Zones, an applicant for a major subdivision may apply to the Planning Board for a cluster development. Such application shall be accompanied by a sketch plat indicating in general the plan and the area to be retained in open space or used for other municipal purposes.
If, in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Master Plan, official map, or other codes and ordinances, and the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall request approval from the governing body that the open space or land resulting from the application of cluster development will be accepted by the Township. If approval is not granted within 60 days from the date of referral, the applicant may submit a cluster plan providing for ownership of common land in accordance with the procedures provided in subsection 21-1001.4b.
[1972 Code § 21-1001.1; New]
The maximum number of lots to be permitted shall be arrived at in accordance with the following schedule:
[1972 Code § 21-1001.2]
Minimum tract size not less than 10 acres;
Minimum lot size and yard requirement — to be determined by the Planning Board on an individual basis taking into consideration the following:
Housing type — the same as allowed in the zone.
[1972 Code § 21-1001.3]
The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in their decisions by this section and the following:
Lands required to be dedicated shall be so located as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainageways, buffer areas and other environmental criteria, or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Township requirements shall be satisfied, but that dedicated areas be so located as to meet any possible future needs of the neighborhood or region.
The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. The Planning Board shall not generally approve areas of less than 20% of the gross land area except when such a site is considered adequate for its specific use, and the Board shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the need of the development where located.
[1972 Code § 21-1001.4]
Dedicated areas shall be deeded free and clear of all mortgages and encumbrances to the Township if the Township so indicates as provided in Section 21-1001.
Dedicated areas may be deeded free and clear of any encumbrances to a permanent property owners' association, cooperative or condominium corporation for its use, control and management for open space, recreational or agricultural use and providing appropriate restrictions to assure the effectuation of the purpose of this section and to provide for the maintenance and control of the area. The organization shall meet the following standards to be written into the articles of incorporation and/or bylaws:
It shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality.
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township shall constitute a final administrative decision, subject to judicial review.
The cost of such maintenance by the Township shall be assessed pro-rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
[1972 Code § 21-1002]
Applicants for public utility installations must prove that the proposed installation is necessary for the efficiency of the public utility system or needed to provide satisfactory service to the neighborhood or area in which the use is to be located. The applicant must further show that the design of any building to be erected in connection with such facility which is to be located in a residential area conforms to the general character of the residential area and will not adversely affect the safety, comfort and enjoyment of property in the zone in which it is located. The applicant must also provide for adequate and attractive fencing and other safety devices and sufficient landscaping including shrubs, trees and lawns, and must further agree to maintain such landscaping.
[1972 Code §§ 21-1003 — 21-1003.2; Ord. No. 07-32; Ord. No. 10-03; Ord. No. 11-22]
Hospitals, churches or other places of worship, Sunday schools and church schools, shall conform to the following conditions:
There shall be a minimum lot area of two acres.
There shall be a maximum lot area of five acres.
There shall be a setback of 50 feet from any building to any property line.
Proposed building(s) shall not occupy more than 24% of the total lot area and must comply with all other requirements as set forth in this chapter for the zone in which the use is to be located.
There shall be provided a minimum of one off-street parking space for each three seats or 72 inches of seating space when benches are used. If no seats or benches are used, there shall be provided a minimum of one off-street parking space provided for every three people based upon the maximum occupancy of the proposed building(s).
The site shall have direct access on a collector or arterial roadway as classified in the Piscataway Township Master Plan.
A building containing a hospital, church or other place of worship, Sunday school or church school, shall not be used for any other use.
[Ord. No. 10-03; Ord. No. 11-22]
No portion of a hospital, nursing home, assisted living facility, or skilled nursing facility, nor any parking facility serving any such use, shall be located within 500 feet of the bank of the Raritan River.
[Ord. No. 10-03; Ord. No. 11-22]
Any required approval such as site plan approval of a proposed hospital, nursing home, assisted living facility, or skilled nursing facility, or any parking facility serving any such use within 1,000 feet of the bank of the Raritan River, shall include an evacuation plan. The evacuation plan shall address procedures and methods to be utilized in evacuating the facility in the event of flooding or other emergency event. The plan shall be forwarded to the Coordinator of Emergency Management, Chief of Police and Township Fire Official for their comments, recommendations and approval.
[1972 Code §§ 21-1004 — 21-1004.2]
A golf course shall conform to the following requirements:
A golf course must contain an area of 50 or more contiguous acres and contain a full size professional course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to; clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, and provided that the operation of the facility is incidental and subordinate to the principal use as a golf course.
No structure shall be erected nearer to any street line than 75 feet nor nearer to any property line than 50 feet. Buildings will not occupy more than 10% of the entire area, and all other requirements as set forth for the zone in which the use is to be located must be observed. The applicant must prove that such use will in no way be detrimental to the surrounding property values and that the proposed use is within the intent and purpose of the zone plan of the Township.
[1972 Code § 21-1005]
An educational institution below college level must contain at least five acres of land and no structure shall be erected nearer to any property line than 50 feet. Buildings will not occupy more than 25% of the total lot area, and all other requirements as set forth in this chapter for the zone in which the use is to be located must be complied with. The applicant must prove that such use will in no way be detrimental to the surrounding property values and that the proposed use is within the intent and purpose of the zone plan of the Township.
[1972 Code §§ 21-1006 — 21-1006.11]
A service station, public garage, shall conform to the following requirements:
The site plan for a service station, public garage, shall set forth in particular the location of the proposed use; the location and number of fuel pumps; the location, depth and capacity of fuel tanks; and the number and capacity of automobiles that may be garaged within the principal building.
All fuel pumps, car lifts and other service appliances shall be located at least 35 feet from any street line or property line.
All fuel storage tanks shall be installed in accordance with applicable Federal, State and local laws.
Driveways shall cross the sidewalk at right angles thereto and shall not be more than 30 feet in width. Driveways must be at least 10 feet from any property line, and 20 feet from any intersection of street lines. No more than three access driveways shall be permitted along any street.
The entire area to be traversed by motor vehicles shall be hard surfaces.
No service station, public garage, or use in the nature thereof shall be located within 50 feet of any residential zone or within 200 feet of any church, school, hospital or public library.
Illumination of service stations, public garages, shall be restricted so that no direct glare from any lights shall shine upon adjacent properties or into approaching traffic.
Signs shall be erected only in compliance with those regulations contained in Section 21-12 pertaining to business zones.
Service stations or public garages shall comply with all other regulations as set forth for the G-B Zone except where in conflict with this subsection.
The Planning Board, prior to approval of any service station or public garage shall determine that the arrangement of lights, traffic circulation and buildings on the premises do not impair the enjoyment and use of surrounding properties.
No more than 10 vehicles may be parked outdoors overnight on or adjacent to the service station or public garage premises.
[1972 Code §§ 21-1007 — 21-1007.2-10; New]
A hotel or motel shall be subject to the following principles, standards, conditions, and safeguards contained in the following requirements:
The erection, alteration, or use of any building, structure, group of structures or premises for a motel as hereinafter defined is forbidden within the limits of the Township, except in the LI-5 Zone and, more particularly, on secondary arterial streets within 1/2 mile of an interchange with a major arterial street or on collector streets within 1/4 mile of an interchange with a major arterial street. The street designations are shown on the adopted Master Plan of the Township.
No permit for a hotel or motel shall be granted unless all of the following items and conditions are complied with:
Any motel that may be constructed on a lot or parcel of land must contain a minimum of 100 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. There shall be no separate single units of accommodation built. The minimum number of units of accommodation in any single building shall be 10.
Such motel shall contain a minimum area for each unit of accommodation of 270 square feet of floor area. Ceilings shall be a minimum of eight feet in height.
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a flush water closet, a bathtub or shower, all properly connected to a water and sewer system.
Parking space of 1.1 spaces for each unit of accommodation where the hotel or motel is located.
The minimum lot area shall be five acres. All other lot and yard requirements of the LI-5 Zone shall apply.
There shall be no certificate of occupancy issued for a hotel or motel under this section or any other sections of this chapter until the applicants shall have satisfied the Construction Official that provisions have been made for an employee to live on the premises. The employee herein required shall have as a full time job and occupation the care, supervision and maintenance of the project at which he is employed.
There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to the employee required to be on the premises set forth in this section.
Separate buildings, or the use of a portion of the main building thereof, shall be permitted for accessory uses to any hotel or motel. Such separate buildings or parts of the main building shall be restricted to accessory uses customarily incident to the operation of a hotel or motel, such as rest rooms, offices, swimming pools, cabana, meeting rooms, lounge, restaurants, etc.
All buildings shall conform to a single architectural style.
All open areas other than those used for parking purposes shall be landscaped and maintained by the owner of the hotel or motel.
[1972 Code §§ 21-1008 — 21-1008.7; New]
Fast food and drive-in restaurants shall conform to the following requirements:
The applicant shall submit traffic and circulation studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the proposed location without substantial adverse impact upon required existing on-site parking and vehicular movement.
The entire area that will be used by motor vehicles shall be hard surfaces.
Fast food and drive-in restaurants shall comply with all other regulations as set forth for the GB Zone except where in conflict with this subsection.
The Planning Board or Zoning Board, prior to approval of any fast food or drive-in restaurant, shall determine that the arrangements of lights, traffic circulation, and buildings on the premises do not impair the enjoyment and use of surrounding properties.
No separate freestanding signs shall be permitted except that an additional sign may be added to an existing freestanding sign which identifies the shopping center development, provided, however, that such additional sign shall not enlarge the overall area permitted by Section 21-16 of this chapter. In addition, if the facility is constructed as a new or additional structure, a sign may also be erected on the facade of the premises in accordance with subsection 21-1202.2.
[1972 Code §§ 21-1009 — 21-1009.7; New]
A commercial wholesale greenhouse will be allowed as a conditional use in a residential zone provided the following items and conditions are complied with:
The erection, alteration, or use of any building, structure, group of structures, or premises for the purpose of a commercial wholesale greenhouse is permitted in any residential zone providing that the minimum tract size is five acres.
The maximum lot coverage of all buildings shall not exceed 35%.
Every building shall be a minimum of 100 feet from the property line.
Outdoor storage of fertilizers or chemicals shall be prohibited.
All commercial vehicles must be screened from view of adjacent residential properties.
Maximum height: same as otherwise allowed in zone where located.
Any use permitted as a conditional use in an M-1 or M-5 Zone as set forth in Section 21-501, Schedule of General Requirements shall be subject to the following conditions:
The applicant shall supply evidence, satisfactory to the Planning Board or Zoning Board or to its designated representative, that the proposed building, process, installation, production or other use will conform fully to the following applicable performance standards:
[1972 Code § 21-1010.1-1]
No pollutant shall be discharged into any watercourse in the municipality that exceeds the most stringent applicable State and Federal regulations.
[1972 Code § 21-1010.1-2]
Waste into Sewage System. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate officials of the Township of Piscataway Sewer Utility or Middlesex County Sewerage Authority, whichever has jurisdiction, shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the utility, including the pretreating of such wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition to acceptance by the utility.
[1972 Code § 21-1010.1-3]
All uses and activities shall comply with applicable noise and vibration standards of the State of New Jersey including the following:
No sound from any industrial operation which, when measured at any residential property line, is in excess of any of the following:
From 7:00 a.m. to 10:00 p.m.:
Continuous airborne sound which has sound level in excess of 65 dBA; or
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
From 10:00 p.m. to 7:00 a.m.;
Continuous airborne sound which has a sound level in excess of 50 dBA; or
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
The provisions of this section shall be enforced by the Zoning Officer of the Township or by his designee.
[1972 Code § 21-1010.1-4]
No process or use shall be permitted that produces heat to the extent that the temperature has an adverse effect of any kind upon adjoining properties and uses.
[1972 Code § 21-1010.1-5]
Any process producing intense glare or flashing of lights shall be performed within a completely enclosed building in such manner that no discomfort glare shall be disseminated beyond the building.
[1972 Code § 21-1010.1-6]
No smoke shall be emitted greater than that density described as Number 1 on the Ringlemann Chart, as published by the United States Bureau of Mines.
[1972 Code § 21-1010.1-7]
Processes involving the discharge of fly ash, dust, fumes, vapors, gases or other forms of air pollution shall comply with the standards set forth in the New Jersey Air Pollution Codes.
[1972 Code § 21-1010.1-8]
All activities involving flammable or explosive material and/or storage of same shall, at a minimum, comply with the most stringent standards and regulations set forth in the State Uniform Construction Code and the New Jersey Uniform Fire Code.
[1972 Code § 21-1010.1-9]
At the request of the Planning Board, the applicant shall submit evidence, including test data, procedures and technical information, which is reasonable and appropriate in order to establish conformance with any of the performance standards set forth in subsection 21-1010.1.
The applicant shall furnish the Planning Board, the Zoning Board, Health Department and Environmental Commission with a completed environmental assessment questionnaire to be furnished by the Administrative Officer. Such questionnaire shall include but not be limited to:
Identification of pollutants to be generated and identification of wetlands, watercourses and/or floodplains on the site and the impact of the facility on such.
The applicant shall furnish the above-named municipal agencies with copies of all applications and permits presently on file or which are applied for in the future with State and Federal agencies with respect to discharges into air or water. These applications and permits shall disclose quantities, chemical nature, and physical characteristics of discharge such as, but not limited to, temperature and velocity.
[1972 Code § 21-1010.2-2]
The applicant shall furnish the agencies named in subsection 21-1010.2 with copies of applications to use banked emissions from other plant sites at the proposed facility.
[1972 Code §§ 21-1010.3 — 21-1010.3-2]
Uses with accessory outdoor storage areas, such as building materials, equipment or outdoor storage tanks or vessels shall be provided in such a manner that the contact of hazardous chemical substances and salts with rainfall water, overland water flow and/or storm runoff shall be prevented by adequate cover and containment mechanisms, including sheds, impervious ground cover and berms, and shall be governed by the following additional requirements:
As reasonably practicable and appropriate, outdoor storage facilities shall be screened by a fence, wall or plantings where such facilities are visible from adjoining properties, and shall meet all required setbacks for the zones in which located.
All outdoor above-ground facilities for the storage of any hazardous chemical substance shall be located at a minimum distance of 500 feet from any residential development or Residential Zone. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
For the purposes of this section, a hazardous chemical substance shall be defined as any radioactive material or single substance or mixture containing a substance described in the following sections of the New Jersey Department of Environmental Protection "Proposed Hazardous Waste Management Regulations," N.J.A.C. Title 7, Subchapter F, Chapter 26, Subchapter 6, September, 1980:
6.12(e) and 6.12 (f) - specific chemicals listed as acutely hazardous or toxic.
6.13 - specific chemicals shown to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms.
6.5(a) 2 - any chemical which is fatal to humans in low doses or exhibits toxicity in animals as follows:
Oral LD 50 (rat) < 50 mg/kg, inhalation LC 50 (rat) < 2 mg/liter or dermal Ld 50 (rabbit) < 200 mg/kg.
6.6 through 6.9 - chemicals which exhibit the characteristics of ignitability, corrosivity, reactivity or EP toxicity.
6.10 and 6.11 - chemical substances listed in the hazardous waste streams from nonspecific and specific sources.
[1972 Code § 21-1010.4]
The applicant shall provide the municipal agency with a spill prevention and containment control plan setting forth the manner in which spillage of materials will be prevented and measures to be taken in the event of a spill.
[1972 Code § 21-1011]
In the R-20A, R-15A, and R-10A Residential Zones, planned residential development will be permitted with the conditions and standards contained within this section.
[1972 Code § 21-1011.1]
To carry out the intent of this section, a planned residential development district endeavors to provide:
A choice in the types of environment, occupancy, tenure, (e.g., cooperative, individual ownership, condominiums, leasing, etc.), types of housing, types of ownership, and community facilities available to existing and potential residents.
Usable open space and recreation areas for the homeowners in the planned residential development.
An efficient network of streets and utilities.
The development of a housing pattern in harmony with the objective of a more desirable living environment.
Provision of housing for low- and/or moderate-income families.
[1972 Code § 21-1011.2; New]
Overall gross density for the planned residential developments shall be as follows:
R-20A Zone. Maximum of 10 dwelling units per acre provided that 20% of the units be dedicated for low- or moderate-income housing.
R-15A Zone. Maximum of five dwelling units per acre.
R-10A Zone. Maximum of 10 dwelling units per acre provided that 20% of the units be dedicated for low- or moderate-income housing.
An additional 5% of the total gross area shall be utilized, designed, and improved for recreation.
Buffer areas shall be installed at a width specified by the municipal agency, but in no case less than 50 feet when a residential area abuts an industrial or commercial zone. Buffer areas shall be located completely within the PRD property and consist of either natural existing vegetation or the combined use of trees, shrubs, berms, fences or walls designed to continuously limit view of the site from adjacent sites or properties. Plantings shall consist of massed evergreen and deciduous trees and shrubs, planted and maintained in such a fashion that they will produce within two growing seasons a continuous visual screen at least six feet in height. The quantity of natural screening existing on the property shall be taken into consideration upon evaluation of the site plan. No other above ground construction or use shall be allowed within the boundaries of a buffer area.
The total number of dwelling units may consist of any of the following dwelling types: duplex, single family, detached, patio house, quadruplex, townhouse or triplex. Where the 20% set-aside is provided for dwelling units solely for low- and/or moderate-income families, stacked flats may be incorporated as a dwelling type.
The maximum permitted density shall be no more than 15 units per acre;
The maximum permitted height of a principal building shall not exceed 45 feet and three stories;
The maximum number of units in a building shall not exceed 24;
The maximum building length shall not exceed 225 feet;
The use shall permit multi-family residential development as a principal use, as well as accessory uses related thereto, including but without limitation, stormwater retention/detention basins, a community club house with fitness and recreational facilities for residents and their guests only, and accessory maintenance, office and storage buildings not exceeding 2,500 square feet;
The required number of architectural designs shall be no less than two and no more than four; and
No less than 5% of the total lot area shall be utilized, designed and improved for recreation.
In any planned residential development, architectural design for each type of housing shall be required in accordance with the following unit schedule:
Roof variations of heights to the ridge line shall occur for every grouping of two building structures with a minimum height variation between ridges of two feet;
A major alteration of the front elevation of the dwelling unit, basically by window treatment and door location inclusive of exterior building material, i.e. brick siding, clapboard, wood, masonry or shingles or other acceptable American Institute of Architects approved materials; or
The roofing design from hip, gable, mansard or gambrel or other acceptable approved AIA types.
It is the intention of these various design alternatives to promote a harmonious blend of architectural structures by the applicant and to ensure an aesthetically attractive planned residential development in keeping with surrounding areas.
Architectural plans must be submitted with the application for preliminary approval.
Parking shall be provided pursuant to the Residential Site Improvement Standards (RSIS). All parking spaces shall be on bituminous macadam pavement with low intensity lighting, shielded and directed downward to offer additional safety and visibility to residents of the dwelling units. Adequate parking areas for visitors must be provided.
Landscaping plans shall accompany any preliminary plans for approval and shall include lawns, terraces, ground cover, berms, trees, shrubs and other plantings in accordance with the staging plan. The Planning Board of Piscataway, upon review, may require additional landscaping and screening to protect the character of the planned residential development as well as the surrounding area from any accessory or recreational use of the proposed development. All existing tree stands shall be shown on a prepared contour map showing existing and proposed final contours, drainage swales and ditches, marshlands, waterways and streams, paths, roads or rights-of-way, etc. As many trees shall be retained in the plan as deemed acceptable by the Township Engineer.
Sidewalks shall have a minimum width of four feet and be located along one side of the length of existing streets, connecting buildings, as well as connecting parking areas.
Any building or structure which cannot properly be served by emergency or service vehicles from a street or road abutting the lot shall be made accessible to such vehicles by a paved driveway.
In townhouse construction, a maximum of four living units will be permitted in one continuous wall without breaks. A minimum of two feet offset or break in the front wall shall occur for every four continuous units. However, individual front walls of each unit may be offset or broken if so desired, to achieve aesthetic composition.
No outside equipment or area shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of the occupants of each building. Waste materials and garbage must be privately disposed of by a method approved by the Township Board of Health.
The maximum coverage of all buildings inclusive of accessory buildings, storage buildings, garages, recreation buildings, retail or sales buildings shall not exceed 30% of the total gross area.
Although all streets in the planned residential development shall be privately owned and maintained, in order to protect the health, safety and welfare of the residents of the planned residential development, as well as all other residents of Piscataway Township, the developer shall be obligated to agree at the time of the developer's agreement with the Township, that all fire, ambulance and other emergency vehicles and personnel shall provide services within the planned residential development whenever the need arises. The developer's agreement shall also provide that the developer shall immediately comply with N.J.S.A. 39:5A-1 et seq. in order to allow the Police Department of the Township to patrol the private streets in the planned residential development and to enforce N.J.S.A. Title 39 as to all existing motor vehicle laws.
Sewage treatment shall be provided for in a manner which complies with all current, local, County and State ordinances, regulations and statutes.
Refuse storage areas shall be located at designated areas and shall be so designed as to minimize any detrimental effect on the character of the development.
Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development.
Common Open Space and Recreation Facilities. Common open space and recreation facilities as required shall be subject to the following:
The Township may, at any time, and from time to time, accept the dedication of land or any interest therein for public use and maintenance. The landowner shall provide for and establish an organization for the ownership and maintenance of any common open space and recreation facilities and such organization shall not be dissolved nor shall it dispose of any common open space or recreation by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township of Piscataway. Any organization established for the ownership and maintenance of common open space and recreation facilities shall have at least 51% of its voting members residents, owners, or tenants of the planned residential development.
In the event that the organization established to own and maintain common open space or recreational facilities, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Township Council may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 65 days or any extension thereof, the municipality, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development, to be held by the Township Council, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year.
If the Township Council shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of the Township Council in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a tax lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned residential development.
[1972 Code § 21-1011.3; Ord. No. 05-32]
The developer shall submit an application and plans for preliminary approval disclosing the following:
The location and size of the site and the nature of the developer's interest in the land proposed to be developed;
A survey of the property showing existing grades, structures and natural characteristics;
The location and size of any common open space and the form or organization proposed to own and maintain any common open space;
The use and the location of all proposed buildings and other structures, and proposed final grades;
The proposals for the disposition of sanitary waste, storm water and solid waste;
Architectural plans of all buildings and other structures proposed;
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 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 planned residential development are intended to be filed;
An environmental impact assessment containing the following information:
Description of the proposed project.
Inventory and analysis of the existing environmental conditions at the project site and the surrounding areas which shall describe air quality, topography, surface water quality, soils, geology, ground water, water supply, vegetation, wildlife, archaeological and historical features, land use, aesthetics, and noise levels.
A listing of all licenses, permits or other approvals as required by municipal, County, or State law and the status of each.
An assessment of the probable impact of the project, both adverse and beneficial on the topics listed in paragraph k, 2 above.
Any probable adverse environmental effects which cannot be avoided, including effects upon:
Description of the steps to be taken during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects.
The alternatives to the proposed project.
Summary Environmental Assessment. The EIA shall contain a concise summary of the environmental impacts of the proposed project. This summary should evaluate the adverse and positive environmental effects of the project, should it be implemented, and the public benefits expected to derive from the project, if any.
[1972 Code § 21-1011.3-1]
Within 45 days after the filing of a complete application pursuant to this section, a public hearing shall be held by the Planning Board, public notice of which shall be given in the manner prescribed in the Municipal Land Use Law. The public hearing shall be held in the same manner as for an application for preliminary subdivision approval.
[1972 Code § 21-1011.3-2]
Within 95 days following the submission of a complete application, the Planning Board may grant preliminary approval of the plans as submitted, grant preliminary approval subject to specified conditions or deny preliminary approval. The granting or denial of preliminary approval by written resolution shall include findings of fact related to the specific proposal, and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said resolution shall set forth with particularity in what respects the plan would or would not be in the public interest including but not limited to findings of fact and conclusions relative to the following:
In what respects the plan is or is not consistent with the statement of objectives of a planned residential development;
The purpose, location, and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development;
The physical design of the plan and the manner in which said design does or does not make adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned residential development in the integrity of the plan.
[1972 Code § 21-1011.3-3]
Preliminary approval of a plan shall not qualify a plat of the planned residential development for recording, nor authorize development or the issuance of any building permits.
A plan which has been given preliminary approval as submitted, or which has been given preliminary approval with conditions which have been accepted by the developer (and provided that the developer has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified, revoked or otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the developer, provided an application for final approval is filed within three years from the date of preliminary approval or in the case of development over a period of years, provided final applications are filed within the periods of time specified in the resolution granting preliminary approval.
In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the developer shall elect to abandon part or all of said plan and shall so notify the Planning Board in writing, or in the event the developer shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the preliminary approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto as they may be amended from time to time, and the same shall be noted in the records of the clerk of the municipality.
[1972 Code § 21-1011.3]
An application for final approval may be for all the land included in a plan, or to the extent set forth in the preliminary approval, for a section thereof. The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth by written resolution of the Planning Board at the time of preliminary approval. A public hearing on an application for final approval shall not be required provided the plan is in substantial compliance with the plan theretofore given preliminary approval. A public hearing shall be held if substantial modifications to the preliminary approval are proposed.
The municipal agency shall act on the final application within 45 days of the filing of a complete application.
A plan which has been given final approval shall be so certified by the chairman and secretary of the municipal agency and the Township Engineer and shall be filed on record forthwith in the office of the County Clerk before any development shall take place in accordance therewith.
In the event that a plan, or a section thereof, is given final approval and thereafter the developer shall abandon said plan or the section thereof, that has been finally approved and shall so notify the Planning Board in writing, or in the event the developer shall fail to commence the planned residential development within two years after final approval has been granted, then and in that event, such final approval shall terminate and be deemed null and void unless such time period is extended by the Planning Board upon written application of the developer.
[1972 Code § 21-1011.5]
Residential Uses. The permitted residential uses include any of the dwelling unit types listed in subsection 21-1011.2f.
Accessory Nonresidential Uses.
Any retail, professional or commercial use compatible to the planned residential development that is designed or intended to primarily serve the residents of the planned residential development provided the gross land area allocated to such use does not exceed 5% of the gross land area for such commercial or retail use, and is so designated for such use on all plans submitted by the applicant for approval.
All buildings erected for nonresidential purposes shall be erected by the barrier free method of construction.
Customary accessory or associated uses such as private garages, storage spaces, recreational and community facilities, utility buildings or utility plants, church and schools shall also be permitted.
The permitted uses shall conform to the approved planned residential development plan.
[1972 Code § 21-1011.6]
The municipal agency shall establish a staging schedule of development that is reasonable as to the sequence, type and number of residential and nonresidential structures that may be constructed annually. This staging schedule shall be evaluated and related to the availability of utilities, adequacy of municipal facilities, both on site and off-site, traffic volumes, road improvements and the completion of recreational facilities necessary to serve each stage in a direct ratio to actual dwelling unit construction.
Prior to the approval of any planned residential development within Piscataway Township by the Planning Board, the applicant shall submit to the Township Attorney those legal instruments governing the operation of the planned residential development so that the proposed ownership arrangements established by the applicant inclusive of the master deed will be in conformity with New Jersey State statutes or as to offer sufficient protection to the potential owners or occupants of the planned residential development. The Township Attorney shall either approve, approve with conditions or disapprove said legal instruments.
The applicant shall also provide the Planning Board prior to an approval of a planned residential development, the proposed rules and regulations of the planned residential development as to the eventual establishment of the homeowners association within the planned residential development a