Township of Piscataway, NJ Chapter 21 Zoning

§ 21-1 TITLE.

[1972 Code § 21-1]

The title by which this chapter shall be known shall be "The Zoning Ordinance of the Township of Piscataway."

§ 21-2 PURPOSE.

[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:

a. 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.

b. Secure safety from fire, flood, panic and other natural and man-made disasters.

c. Provide adequate light, air and open space.

d. 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.

e. 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.

f. Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

g. 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.

h. 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.

i. Promote a desirable visual environment through creative development techniques and good civic design and arrangements.

j. 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.

k. 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.

l. To encourage senior citizen community housing construction.

m. 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.

n. To promote utilization of renewable energy sources.

o. 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.

§ 21-3 DEFINITIONS.

[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; amended 2-9-2021 by Ord. No. 2021-05; 6-10-2021 by Ord. No. 2021-14; 10-3-2023 by Ord. No. 2023-25]

As used in this chapter:

a. 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.

b. 

Specific Definitions:

ABANDONMENT

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.

ACCESSIBILITY RAMP

A sloping ramp constructed with a slope greater than 1:12 (one inch of vertical rise for every 12 inches of horizontal length, or run) and must conform to the standard Americans with Disabilities Act (ADA) specifications for ramps.

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.

AFFORDABLE

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.

ALTERATION

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.

APPLICANT

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.

AWNING

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.

BASEMENT

Shall mean a story partly underground and having more than 1/2 of its height above ground level.

BLOCK

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.

BOOK EXCHANGE STRUCTURE

Shall mean a cabinet not to exceed 20 inches by 24 inches and mounted on a pole and which cabinet shall not exceed five feet in height. The placement and setback of such structure may be approved in the discretion of the Zoning Officer.

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.

BUILDING

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.

CANNABIS CULTIVATOR

Shall mean a grower, cultivator or producer of cannabis in the State of New Jersey who sells and may transport cannabis to other growers, processors, wholesaler or retailers, but not to consumers.

CANNABIS DELIVERY SERVICE

Shall mean a provider of courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer. Same includes the use by a licensed cannabis retailer of any third -party technology platform to receive, process, and fulfill consumer orders, provided that any physical acts in connection with the filling and delivery of an order is accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer.

CANNABIS DISTRIBUTOR

Shall mean a transporter of cannabis items in bulk, intrastate, from one licensed cannabis establishment to another licensed cannabis establishment.

CANNABIS MANUFACTURER

Shall mean a processor of cannabis items in the State of New Jersey who purchases or otherwise obtains usable cannabis for the purpose of manufacturing, preparing, packaging and selling cannabis items. At their option they can transport said cannabis items to other cannabis processors, wholesalers, and/or retailers, but not to consumers.

CANNABIS RETAILER

Shall mean a purchaser or obtainer of usable cannabis from cannabis cultivators and cannabis items from cannabis manufacture or cannabis wholesalers who sells same to consumers for either medical or recreational use from a retail store.

CANNABIS WHOLESALER

Shall mean a purchaser or obtainer of cannabis items in the State of New Jersey who obtains, stores, sells or otherwise transfers cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

CAPITAL IMPROVEMENT

Shall mean a governmental acquisition of real property or a major construction project.

CARPORT

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.

CELLAR

Shall mean a story partly underground which has less than 1/2 its height above ground level.

CEMETERY

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.

CHURCH

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.

CIRCULATION

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.

CLUB

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.

CLUSTER

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.

CONDOMINIUM

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.

CONTIGUOUS

Shall mean next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.

CONVENTIONAL

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.

DATA CENTER

A large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

DAY CARE CENTER

Shall mean an establishment providing for the care, supervision, and protection of five children or less.

DAYS

Shall mean calendar days.

DECIBEL

Shall mean a unit of sound pressure level.

DEDICATION

Shall mean the transfer of property by the owner to a governmental entity.

DEED

Shall mean a legal document conveying ownership of real property.

DENSITY

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.

DEVELOPER

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.

DEVELOPMENT

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.

DIVISION

Shall mean the Division of State and Regional Planning in the Department of Community Affairs.

DRAINAGE

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.

DUPLEX

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.

EASEMENT

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.

ENCROACHMENT

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.

EROSION

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.

FACADE

Shall mean the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

FAMILY

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.

FENCE

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.

FLATS

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.

FOOTCANDLE

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:

(a) REFUSE All putrescible and nonputrescible solid wastes (except body waste) including garbage, rubbish, ashes, street cleanings and solid market and industrial wastes.

(b) GARBAGE Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(c) ASHES The residue from the burnings of wood, coal, coke, or other combustible materials.

(d) RUBBISH Nonputrescible animal and vegetable wastes, resulting from both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

GOVERNING BODY

Shall mean the Township Council of the Township of Piscataway.

GREENHOUSE

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.

HOSPITAL

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.

HOTEL

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.

KENNEL

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.

LAND

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.

LOT

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.

MANUFACTURING

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.

MAUSOLEUM

Shall mean a building intended for the entombment of human remains above ground, which building is located within the confines of a cemetery.

MAYOR

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.

MOTEL

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.

MUNICIPALITY

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.

OFF-SITE

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.

OFF-TRACT

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.

ON-SITE

Shall mean located on the lot in question.

ON-TRACT

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.

ORDINANCE

Shall mean a municipally adopted law or regulation.

OVERHANG

Shall mean:

(a) The part of a roof or wall that extends beyond the facade of a lower wall;

(b) The portion of a vehicle extending beyond the wheel stops or curb.

PAPER STREET

Shall mean a street that has never been built shown on an approved plan, subdivision plat, Tax Map, or official map.

PARCEL

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.

PAWN SHOP

Any establishment where the primary means of business deals with purchasing private personal property with the intention of selling it back at a stipulated price, or providing loans or money advances on the security of pledges of personal property.

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.

PERMIT

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:

(a) Barber and beauty shops;

(b) Dry cleaning or tailor shops;

(c) Self-service laundries;

(d) Shoe repair shops;

(e) Funeral homes;

(f) Restaurants and eating establishments;

(g) Radio, television and electrical repair shops;

(h) Dance or music studios;

(i) Nail salon.

PHASING

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.

PLAT

Shall mean a map or maps of a subdivision or site plan.

PLOT

Shall mean:

(a) A single unit parcel of land;

(b) A parcel of land that can be identified and referenced to a recorded plat or map.

PORCH

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.

PROPERTY

Shall mean a lot, parcel, or tract of land together with the building and structures located thereon.

PUBLIC AREA

Shall mean:

(a) Public parks, playgrounds, trails, paths and other recreational areas;

(b) Other public open spaces;

(c) Scenic and historic sites; and

(d) Sites for schools and other public buildings and structures.

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.

QUADRUPLEX

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.

QUORUM

Shall mean the majority of the full authorized membership of a municipal agency.

RESIDENCE

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.

RESTAURANT

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.

REZONE

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.

RIGHT-OF-WAY

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.

RUNOFF

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.

SEDIMENTATION

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.

SHED

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.

SIDEWALK

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.

SIGN

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.

SITE

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.

STREET

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.

STRUCTURE

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.

SUBDIVISION

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."

SURVEY

Shall mean:

(a) The process of precisely ascertaining the area, dimensions, and location of a piece of land;

(b) Determining the characteristics of persons, land, objects, buildings, or structures by sampling, census, interviews, observations or other methods.

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.

TOWNHOUSE

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.

TRAILERS

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.

TRIPLEX

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.

USE

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.

VARIANCE

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.

VEHICLE

Shall mean any receptacle or means of transport in which something is carried or conveyed or travels.

WAIVER

Shall mean permission to depart from the requirements of an ordinance with respect to the submission of required documents.

ZONE

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.

ZONING

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.

§ 21-4 ESTABLISHMENT OF ZONES AND ZONING MAP.

§ 21-401 Zones Created.

[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; amended 2-9-2021 by Ord. No. 2021-05; 12-14-2021 by Ord. No. 2021-38]

For the purposes of this chapter, the Township of Piscataway is hereby divided into the following zones:

RR-1	Rural Residential
R-20	Residential
R-20A	Residential
R-15	Residential
R-15A	Residential
R-10	Residential
R-10A	Residential
R-7.5	Residential
R-17.5	Residential
R-M	Multi-Family Residential
AL	Assisted Living
SCH	Senior Citizen Housing
C	Commercial
GB	General Business
BPI	Business Professional
BPII	Business Professional
BR	Business/Recreational
HC	Hotel Conference Center
SC	Shopping Center
LI-1	Light Industrial
LI-2	Light Industrial
LI-5	Light Industrial
M-1	Industrial
M-2	Industrial
M-5	Industrial
E-R	Education and Research
E	Education
AH-1	Affordable Housing 1
AR-1	Age Restricted 1
TV	Transit Village
AH-2	Affordable Housing 2
AH-3	Affordable Housing 3 Zone
SNF	Skilled Nursing Facility
CS	Community Services
TC	Towne Center

§ 21-402 Zoning Map.

[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; amended 2-9-2021 by Ord. No. 2021-05; 12-14-2021 by Ord. No. 2021-38]

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.

Block 5701, Lots 11 and 12 shall be designated SCH, Senior Citizen Housing.

Block 10514, Lots 15.05, 15.08, 31.03 and 41.01 shall be designated R-7.5, Residential.

Block 11301, Lot 2.01, 5, 6.01, 7-9 and 10.02 shall be designated R-7.5, Residential.

Block 11302, Lot 2.03 shall be designated R-7.5, Residential.

Block 11307, Lot 7.02 shall be designated R-7.5, Residential.

Block 11901, Lot 22.15 shall be designated R-17.5, Residential.

Block 8203, Lots 1.02- 1.06, 2, 66.01, 67.01, 68.03 and 70 shall be designed BP-1, Business Professional.

Block 8306, Lot 1.01 shall be designated BP-1, Business Professional.

Block 8501, Lot 1.02 shall be designated BP-1, Business Professional.

Block 8509, Lots 1, and 10-16 shall be designated BP-1, Business Professional.

Block 1701, Lots 1.01 and 1.02 shall be designated LI -2, Light Industrial.

Block 1823, Lot 19.01 shall be designated LI-2, Light Industrial.

Block 5701, Lots 1.04, 1.05 and 2 shall be designated M-2 Industrial.

§ 21-403 Interpretation of Zones.

[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:

a. 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.

b. 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.

c. 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.

d. The Board of Adjustment shall have the power to fix the true location of any zone boundary in cases of uncertainty or dispute.

§ 21-5 SCHEDULE OF GENERAL REQUIREMENTS.

[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.

§ 21-501 SCHEDULE OF REQUIREMENTS.

§ 21-501.1 Schedule of General Requirements.

[1972 Code § 21-501; Ord. No. 08-15; amended 2-9-2021 by Ord. No. 2021-05; 12-14-2021 by Ord. No. 2021-38]

Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.

§ 21-501.2 Schedule of Use Requirements.

[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; 11-26-2019 by Ord. No. 19-29; 2-9-2021 by Ord. No. 2021-05]

Editor's Note: The Schedule of Use Requirements is included as an attachment to this chapter.

§ 21-501.3 Schedule of Uses in the LI-1 and LI-5 Districts.

[1972 Code § 21-501; Ord. No. 08-13; New; Ord. No. 11-25; Ord. No. 2017-22; 2-9-2021 by Ord. No. 2021-05; amended 10-3-2023 by Ord. No. 2023-25]

Editor's Note: The Schedule of Uses in the LI-1 and LI-5 Districts is included as an attachment to this chapter.

§ 21-501.4 Schedule of Uses in the Educational and Research Districts.

[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.

§ 21-501.5 M-1, M-2 and M-5 Industrial Districts.

[1972 Code § 21-501; Ord. No. 11-25; amended 12-14-2021 by Ord. No. 2021-38]

Editor's Note: The M-1, M-2 and M-5 Industrial Districts is included as an attachment to this chapter.

§ 21-6 GENERAL REGULATIONS.

The following regulations shall apply in all zones:

§ 21-601 Compliance with Zoning Regulations.

[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.

§ 21-602 Frontage of Principal Building on Street.

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.

§ 21-603 Accessory Buildings.

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.

§ 21-604 Setback Required for Corner Lots.

Corner lots shall provide the minimum front setback requirements for the respective zone for both intersecting streets.

§ 21-605 Yards and Open Space Requirements.

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.

§ 21-606 Clear View at Intersections; Sight Triangles.

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.

§ 21-606.1	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.
§ 21-606.2	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.
§ 21-606.3	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.
§ 21-606.4	Where two local roads intersect, a right triangle shall be required measuring 90 feet on both sides.

§ 21-607 Outside Display of Goods for Sale or Rental.

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.

§ 21-608 Illumination of Buildings; Glare Prohibited.

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.

§ 21-609 Prohibited Uses.

In any zone, all uses not specifically permitted are prohibited.

§ 21-610 Parking of Commercial Vehicles.

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.

§ 21-611 Yards Facing Public Street.

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.

§ 21-612 Sidewalks, Curbs and Gutters and Drywells.

[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.

§ 21-613 Lot Frontage.

[New]

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.

§ 21-614 (Reserved)

§ 21-615 Maintenance of Land in Industrial and Commercial Zone.

In industrial and commercial zones all land areas not occupied by buildings or parking areas shall be attractively maintained.

§ 21-616 Depth of Front Yard.

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.

§ 21-617 Location of Swimming Pools.

[New]

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.

§ 21-618 Swimming Pool Located on a Corner Lot.

[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.

§ 21-619 Fences.

[1972 Code §§ 21-619 — 21-619.5]

§ 21-619.1	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.
§ 21-619.2	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.
§ 21-619.3	No fence shall be erected with barbed wire or topped with metal spikes.
§ 21-619.4	(Reserved)
§ 21-619.5	All fences shall be installed with the finished side facing out, away from the area being enclosed.

§ 21-620 Decks.

[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.

§ 21-621 Sheds.

[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.

§ 21-622 Storm Water Detention.

[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.)

§ 21-623 Cemeteries.

[1972 Code § 21-623]

a. 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.

b. 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.

§ 21-624 Excavation for Construction Purposes.

[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.

§ 21-625 Portable Storage Units.

[Added by Ord. No. 2016-41]

The use of any portable storage unit shall be subject to the following provisions:

a. 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.

b. A maximum of one portable storage unit may be placed on a site.

c. 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.

d. 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.

e. 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.

f. It shall be prohibited to place any portable storage unit upon any Township owned property, or any public or private street.

g. No portable storage unit shall contain flammable, toxic or hazardous materials.

h. 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.

i. An extension of up to 30 days may be granted in the discretion of the Zoning Officer for the following reasons:

1. There is a documented delay in the closing of title of a property.

2. There is an open building permit with the Township and there is documented ongoing construction at the site.

§ 21-626 Storage of Boats, Boat Trailers, Camping and Travel Trailers and Personal Watercraft in Residential Area.

[Added by Ord. No. 2016-41]

a. 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.

b. Only one of either a boat and trailer, camping/travel trailer or personal watercraft shall be stored on the driveway of a property.

c. 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.

d. Any boat, boat trailer, camping/travel trailer or personal watercraft stored on the driveway must be in good working condition.

e. All boats and personal watercraft shall be drained of all gasoline/fuel during storage between November 1st and April 30th.

f. No person or persons shall occupy or reside in any boat or any camping or travel trailer stored upon a lot in any zone.

g. 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.

§ 21-627 STORAGE OF OUTDOOR MECHANICAL EQUIPMENT.

[Added 2-9-2021 by Ord. No. 2021-05]

All heating, ventilation, air-conditioning units/compressors, and/or auxiliary power generators, and/or swimming pool/hot tub/spa/whirlpool pumps and/or heat pumps, and/or any other similar outdoor mechanical equipment shall comply with the following criteria:

a. All outdoor mechanical equipment shall be muffled so as to comply with both the Noise Control Act of 1971 (N.J.S.A. 13:16-1 et seq.) and the New Jersey Noise Control Regulations (N.J.A.C. 7:29), as most recently amended;

b. Except for all auxiliary power generators in a residential zone, all new (but not replacement) outdoor mechanical equipment shall be set back a minimum of 10 feet from any property line abutting a residential zone or residential use, or five feet from any nonresidential property line;

c. Except for all auxiliary power generators in a residential zone, all outdoor mechanical equipment shall be:

1. Totally screened by evergreen plantings of a height at time of planting equal to the height of each piece of mechanical equipment to be screened;

2. Completely behind the building envelope (the separation of the interior and exterior of a building); or

3. Screened by fencing or other enclosures specifically designed to screen outdoor mechanical equipment.

d. A zoning permit must be obtained for any new outdoor mechanical equipment in a residential zone and for any new or replacement mechanical equipment in all non-residential zones.

e. Auxiliary power generators in a residential zone shall be:

1. Only located in a side or rear yard;

2. In compliance with both the Noise Control Act of 1971 (N.J.S.A. 13:16-1 et[??] seq.) and the New Jersey Noise Control Regulations (N.J.A.C. 7:29);

3. Set back a minimum of two feet from any property line abutting a residential zone or residential use;

4. Screened by evergreen plantings, of a height equal to the height of the auxiliary power generator, or fencing or other enclosures equal to the height of the auxiliary power generator.

§ 21-628 OUTDOOR ACCESSIBILITY EQUIPMENT.

[Added 2-9-2021 by Ord. No. 2021-05]

Outdoor accessibility ramps and other similar structures may be placed in the front, side, or rear yards and may encroach into the required setbacks by up to 50%. This permission is temporary and requires submission of documentation to the Township evidencing a resident's disability. Said permission shall last for a period of two years from the initial zoning approval. A request via zoning permit application to permit the continuation of said structure(s) on the property shall be resubmitted every two years.

In the event that a resident with a disability sells or no longer leases or occupies the property upon which an outdoor accessibility ramp or similar structure has been constructed or the resident no longer uses the property as their primary residence, the ramp must be removed within 30 days of the sale or non-use.

§ 21-7 DESIGN OF GARDEN APARTMENT DEVELOPMENTS.

[§ 21-701 through § 21-722 adopted by 1972 Code §§ 21-701 — 21-720; Ord. No. 11-22. Subsequent amendments noted where applicable.]

Garden apartments are permitted in the R-M Zone subject to the following requirements:

§ 21-701 Density.

There shall be no more than 15 units per acre in any garden apartment development.

§ 21-702 Minimum Number of Units.

No permit shall be issued for a garden apartment development consisting of less than 32 dwelling units.

§ 21-703 Architectural Design.

All buildings, including garages, shall conform to a single architectural design.

§ 21-704 Building Exteriors.

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.

§ 21-705 Entrances; Staircases.

All dwelling units shall contain front and rear entrances. No exterior staircases shall be permitted, and all staircases shall be confined within the building.

§ 21-706 Storage Areas.

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.

§ 21-707 Cross-Ventilation.

All dwelling units shall have cross-ventilation.

§ 21-708 Fire Protection; Unnecessary Traffic Hazards.

The applicant shall make provision for adequate fire protection and safety and for the elimination of unnecessary traffic hazards.

§ 21-709 Superintendent Required.

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.

§ 21-710 Bulk Requirements.

In the layout of garden apartments on a lot or tract of land, the following minimum distances shall be maintained:

§ 21-710.1	Between all main buildings and detached accessory buildings, 35 feet.
§ 21-710.2	Between ends of all buildings, where walls are parallel to each other, 30 feet.
§ 21-710.3	Between ends of all buildings, where walls are parallel to each other and driveways are introduced in order to reach parking areas, 40 feet.
§ 21-710.4	From the front facade of a structure to the front facade of an opposite structure, where walls are parallel, 70 feet.
§ 21-710.5	From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel, 55 feet.
§ 21-710.6	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.
§ 21-710.7	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.
§ 21-710.8	The term "parallel," as used in this section, shall include the meaning approximately or approaching parallel positions.

§ 21-711 Front Facades.

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.

§ 21-712 Living Quarters Prohibited in Basements and Cellars.

In a garden apartment there shall be no living quarters in the basement or cellar areas.

§ 21-713 Sidewalks.

Pedestrian sidewalks shall be provided along both sides of all new streets and in locations wherever normal pedestrian traffic will occur.

§ 21-714 Underground Installation of Utility Lines.

Electric and telephone lines on the site shall be installed underground.

§ 21-715 Garbage and Trash Facilities; Enclosures.

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.

§ 21-716 Maximum Number of Units Per Building.

There shall be no more than eight dwelling units per building.

§ 21-717 Air-Conditioning.

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.

§ 21-718 Parking in the Required Setback Area Prohibited.

No parking shall be permitted within the required setback area.

§ 21-719 Internal Streets.

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.

§ 21-720 Parking Lots.

All parking lots shall be adequately lighted, either with wall-mounted or post-mounted ornamental fixtures. Lights shall be adequately shielded from adjoining residences.

§ 21-721 Location Restricted Within 500' of the Raritan River.

[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.

§ 21-722 Evacuation Plans.

[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.

§ 21-7A DESIGN OF SENIOR CITIZEN HOUSING.

[1972 Code §§ 21-701A — 21-709A; New; Ord. No. 11-22]

§ 21-701A Permitted in the SCH Zone.

Senior citizen housing may be permitted in the SCH Zone subject to the following requirements:

§ 21-702A Minimum Age.

Residents must be 62 years of age or older.

§ 21-703A Density.

The maximum density shall be 20 units per acre.

§ 21-704A Off-Street Parking.

Minimum off-street parking areas shall bye provided in accordance with New Jersey State Housing Finance Agency guidelines.

§ 21-705A Curbs and Sidewalks.

Curbs and sidewalks shall be required. The parking areas shall be connected by sidewalks to the principal building.

§ 21-706A Front Entrance Cover.

The front entrance to the principal building shall be so designed so that passengers can be discharged from vehicles undercover.

§ 21-707A Air-Conditioning.

Each unit shall be equipped with an air-conditioning system.

§ 21-708A Bulk Requirements.

All setback and bulk requirements shall be in accordance with the Schedule of General Requirements, Section 21-501.

§ 21-709A Location to Raritan River Restricted.

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.

§ 21-710A Evacuation Plans.

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.

§ 21-8 DEVELOPMENT IN LI-1 AND M-1 INDUSTRIAL ZONES.

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:

§ 21-801 Principal Uses Permitted.

a. In LI-1 - Same as LI-1.

b. In M-1 - Same as M-1.

§ 21-802 Accessory Uses Permitted.

a. In LI-1 - Same as LI-1.

b. In M-1 - Same as M-1.

§ 21-803 Minimum Lot Dimensions.

Area: 129,000 square feet, Width: 250 feet, Depth: 250 feet.

§ 21-804 Minimum Yard Requirements.

Principal Building — Front: 75 feet, Each side: 40 feet, Rear: 50 feet. Accessory building — Front: 100 feet, each side: 40 feet, Rear: 50 feet.

§ 21-805 Maximum Coverage of Buildings.

Percentage of Lot Area — 45%.

§ 21-806 Minimum First Floor Area.

15,000 square feet.

§ 21-807 Maximum Heights.

Principal building — three stories, 40 feet;

Accessory building — 1 1/2 stories, 25 feet.

§ 21-808 Parking and Loading.

See Section 21-11.

§ 21-809 Signs.

See Section 21-12.

§ 21-810 Prohibited Uses.

[1972 Code §§ 21-8 — 21-810]

See Section 21-13.

§ 21-8A FLOOD DAMAGE PREVENTION.

[Amended in entirety 9-13-2022 by Ord. No. 2022-17. Prior history includes Ord. No. 10-21]

§ 21-801A SCOPE AND ADMINISTRATION.

§ 21-801A.1 Title.

[Added 9-13-2022 by Ord. No. 2022-17]

These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of the Township of Piscataway (hereinafter "these regulations").

§ 21-801A.2 Scope.

[Added 9-13-2022 by Ord. No. 2022-17]

These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section 802A of these regulations.

§ 21-801A.3 Purposes and Objectives.

[Added 9-13-2022 by Ord. No. 2022-17]

The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

a. Protect human life and health.

b. Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

c. Manage the alteration of natural floodplains, stream channels and shorelines.

d. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

e. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

f. Contribute to improved construction techniques in the floodplain.

g. Minimize damage to public and private facilities and utilities.

h. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

i. Minimize the need for rescue and relief efforts associated with flooding.

j. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

k. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

l. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

§ 21-801A.4 Coordination with Building Codes.

[Added 9-13-2022 by Ord. No. 2022-17]

Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Piscataway administer and enforce the State building codes, the Township Council of the Township of Piscataway does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

§ 21-801A.5 Ordinary Building Maintenance and Minor Work.

[Added 9-13-2022 by Ord. No. 2022-17]

Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement Section 803A.14 of this Section 21-8A.

§ 21-801A.6 Warning.

[Added 9-13-2022 by Ord. No. 2022-17]

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

§ 21-801A.7 Other Laws.

[Added 9-13-2022 by Ord. No. 2022-17]

The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.

§ 21-801A.8 Violations and Penalties for Noncompliance.

[Added 9-13-2022 by Ord. No. 2022-17]

No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this Section 21-8A and other applicable regulations. Violation of the provisions of this Section 21-8A by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this Section 21-8A or fails to comply with any of its requirements shall be subject to one or more of the following: a minimum fine of $1,000 but not more than $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a minimum fine of $1,000 but not more than $2,000 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.

§ 21-801A.8.1 Solid Waste Disposal in a Flood Hazard Area.

[Added 9-13-2022 by Ord. No. 2022-17]

Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this Section 21-8A or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

§ 21-801A.9 Abrogation and Greater Restrictions.

[Added 9-13-2022 by Ord. No. 2022-17]

These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

§ 21-802A APPLICABILITY.

§ 21-802A.1 General.

[Added 9-13-2022 by Ord. No. 2022-17]

These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

§ 21-802A.2 Establishment of Flood Hazard Areas.

[Added 9-13-2022 by Ord. No. 2022-17]

The Township of Piscataway was accepted for participation in the National Flood Insurance Program on January 18, 1984.

The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Piscataway Township Engineering Division Office located at 505 Sidney Road, Piscataway, NJ 08854.

The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:

a. Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Middlesex County, New Jersey (All Jurisdictions) dated July 6, 2010 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 802A.2(1) whose effective date is July 6, 2010 are hereby adopted by reference.

Table 802A.2(1)
Map Panel #	Effective Date	Revision Letter	Map Panel #	Effective Date	Revision Letter
#34023C0009	7/6/2010	F	#34023C0036	7/6/2010	F
#34023C0017	7/6/2010	F	#34023C0037	7/6/2010	F
#34023C0027	7/6/2010	F	#34023C0038	7/6/2010	F
#34023C0028	7/6/2010	F	#34023C0039	7/6/2010	F
#34023C0029	7/6/2010	F	#34023C0041	7/6/2010	F
#34023C0031	7/6/2010	F	#34023C0043	7/6/2010	F
#34023C0033	7/6/2010	F

b. Federal Best Available Information. The Township of Piscataway shall utilize Federal flood information that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this Section 21-8A must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

c. Other Best Available Data. The Township of Piscataway shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Piscataway Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section 21-802A.2a and b, above. This information shall be used for floodplain regulation purposes only.

d. State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in Section 809A, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 802A.2(3)
Name of Studied Water	File Name	Map Number
Stream 14-14-2-3	C0000010	5A
Stream 14-14-2-3	C0000011	5
Bound Bk	C0000035	6
Raritan Rv	D0000013	R-8
Raritan Rv	D0000014	R-7
Raritan Rv	D0000015	R-6
Raritan Rv	D0000016	R-5
Raritan Rv	D0000017	R-4
Raritan Rv	D0000018	R-6
Mile Run	D0000029	ML-1
Bound Bk	FHA15161	BD-2
Bound Bk	FHA15162	BD-3
Bound Bk	FHA15163	BD-4
Bound Bk	SUPPX004	BD-1
Bound Bk	SUPPX005	BD-2
Green Bk	SUPPX009	G-1
Green Bk	SUPPX011	G-3
Green Bk	SUPPX012	G-4
Green Bk	SUPPX013	G-5

§ 21-802A.3 Establishing the Local Design Flood Elevation (LDFE).

[Added 9-13-2022 by Ord. No. 2022-17]

The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 21-802A.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act Minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this Section 21-8A.

At a minimum, the Local Design Flood Elevation shall be as follows:

a. For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area, determined in Section 21-802A.2 above, plus one foot or as described by N.J.A.C. 7:13 of freeboard; or

b. For any undelineated watercourse (where mapping or studies described in Section 21-802A.2a and b above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:

1. A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or

2. A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Section 21-805A.2-3.

c. AO Zones - For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.

d. Class IV Critical Facilities - For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.

e. Class III Critical Facilities - For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.

§ 21-803A DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.

§ 21-803A.1 Floodplain Administrator Designation.

[Added 9-13-2022 by Ord. No. 2022-17]

The Supervisor of Engineering is designated as the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

§ 21-803A.2 General.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 21-807A of these regulations.

§ 21-803A.3 Coordination.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

§ 21-803A.4 Duties.

[Added 9-13-2022 by Ord. No. 2022-17]

The duties of the Floodplain Administrator shall include but are not limited to:

a. Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 21-802A of these regulations.

b. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

c. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

d. Determine whether additional flood hazard data shall be obtained or developed.

e. Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.

f. Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 21-803A.14 of these regulations.

g. Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

h. Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section 21-807A of these regulations.

i. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

j. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

k. Inspect development in accordance with Section 21-806A of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

l. Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 21-807A of these regulations.

m. Cite violations in accordance with Section 21-808A of these regulations.

n. Notify the Federal Emergency Management Agency when the corporate boundaries of the Township of Piscataway have been modified.

o. Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section 21-802A.2.

§ 21-803A.5 Use of Changed Technical Data.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

§ 21-803A.6 Other Permits.

[Added 9-13-2022 by Ord. No. 2022-17]

It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

§ 21-803A.7 Determination of Local Design Flood Elevations.

[Added 9-13-2022 by Ord. No. 2022-17]

If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

a. Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or

b. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Sections 21-802A.2 and 21-802A.3 respectively. This information shall be provided to the Construction Official and documented according to Section 21-803A.15.

§ 21-803A.8 Requirement to Submit New Technical Data.

[Added 9-13-2022 by Ord. No. 2022-17]

Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

§ 21-803A.9 Activities in Riverine Flood Hazard Areas.

[Added 9-13-2022 by Ord. No. 2022-17]

In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

§ 21-803A.10 Floodway Encroachment.

[Added 9-13-2022 by Ord. No. 2022-17]

Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

§ 21-803A.10.1 Floodway Revisions.

[Added 9-13-2022 by Ord. No. 2022-17]

A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

§ 21-803A.11 Watercourse Alteration.

[Added 9-13-2022 by Ord. No. 2022-17]

Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

§ 21-803A.11.1 Engineering Analysis.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

§ 21-803A.12 Alterations in Coastal Areas.

[Added 9-13-2022 by Ord. No. 2022-17]

The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

§ 21-803A.13 Development in Riparian Zones.

[Added 9-13-2022 by Ord. No. 2022-17]

All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this Section 21-8A unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this Section 21-8A. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

§ 21-803A.14 Substantial Improvement and Substantial Damage Determinations.

[Added 9-13-2022 by Ord. No. 2022-17]

When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

a. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

b. Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 21-802A.2, performed in the floodplain regulated by this Section 21-8A in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

c. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

d. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of previous permits issued for improvements and repairs over a period of 10 years prior to the permit application or substantial damage determination as specified in the definition of substantial improvement.

e. Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant in writing when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

§ 21-803A.15 Department Records.

[Added 9-13-2022 by Ord. No. 2022-17]

In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.

§ 21-803A.16 Liability.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

§ 21-804A PERMITS.

§ 21-804A.1 Permits Required.

[Added 9-13-2022 by Ord. No. 2022-17]

Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

§ 21-804A.2 Application for Permit.

[Added 9-13-2022 by Ord. No. 2022-17]

The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

a. Identify and describe the development to be covered by the permit.

b. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

c. Indicate the use and occupancy for which the proposed development is intended.

d. Be accompanied by a site plan and construction documents as specified in Section 21-805A of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

e. State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

f. Be signed by the applicant or the applicant's authorized agent.

§ 21-804A.3 Validity of Permit.

[Added 9-13-2022 by Ord. No. 2022-17]

The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

§ 21-804A.4 Expiration.

[Added 9-13-2022 by Ord. No. 2022-17]

A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

§ 21-804A.5 Suspension or Revocation.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

§ 21-805A SITE PLANS AND CONSTRUCTION DOCUMENTS.

§ 21-805A.1 Information for Development in Flood Hazard Areas.

[Added 9-13-2022 by Ord. No. 2022-17]

The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

a. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

b. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 21-805A.2.

c. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 21-805A.2c of these regulations.

d. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.

e. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

f. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

g. Extent of any proposed alteration of sand dunes.

h. Existing and proposed alignment of any proposed alteration of a watercourse.

i. Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

§ 21-805A.2 Information in Flood Hazard Areas Without Base Flood Elevations (Approximate Zone A).

[Added 9-13-2022 by Ord. No. 2022-17]

Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

a. Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

b. Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

c. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

§ 21-805A.3 Analyses and Certifications by a Licensed Professional Engineer.

[Added 9-13-2022 by Ord. No. 2022-17]

As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

a. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 21-805A.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

b. For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

c. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 21-805A.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

d. For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

e. For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).

§ 21-805A.4 Submission of Additional Data.

[Added 9-13-2022 by Ord. No. 2022-17]

When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 21-806A INSPECTIONS.

§ 21-806A.1 General.

[Added 9-13-2022 by Ord. No. 2022-17]

Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

§ 21-806A.2 Inspections of Development.

The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

§ 21-806A.3 Buildings and Structures.

The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

a. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 21-814A.2 shall be submitted to the Construction Official on an Elevation Certificate.

b. Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 21-814A.2 shall be submitted to the Construction Official on an Elevation Certificate.

c. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 21-814A.2.

d. Final inspection. Prior to the final inspection, certification of the elevation required in Section 21-814A.2 shall be submitted to the Construction Official on an Elevation Certificate.

§ 21-806A.4 Manufactured Homes.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.

§ 21-807A VARIANCES.

§ 21-807A.1 General.

[Added 9-13-2022 by Ord. No. 2022-17]

The Township of Piscataway Zoning Board of Adjustment shall hear and decide requests for variances. The Planning Board or Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 21-807A.5, the conditions of issuance set forth in Section 21-807A.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Planning Board or Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

§ 21-807A.2 Historic Structures.

[Added 9-13-2022 by Ord. No. 2022-17]

A variance to the substantial improvement requirements of this Section 21-8A is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this Section 21-8A, and the variance is the minimum necessary to preserve the historic character and design of the structure.

§ 21-807A.3 Functionally Dependent Uses.

[Added 9-13-2022 by Ord. No. 2022-17]

A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

§ 21-807A.4 Restrictions in Floodways.

[Added 9-13-2022 by Ord. No. 2022-17]

A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 21-805A.3a of these regulations.

§ 21-807A.5 Considerations.

[Added 9-13-2022 by Ord. No. 2022-17]

In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

a. The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

b. The danger to life and property due to flooding or erosion damage.

c. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

d. The importance of the services provided by the proposed development to the community.

e. The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

f. The compatibility of the proposed development with existing and anticipated development.

g. The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

h. The safety of access to the property in times of flood for ordinary and emergency vehicles.

i. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

j. 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, streets, and bridges.

§ 21-807A.6 Conditions for Issuance.

[Added 9-13-2022 by Ord. No. 2022-17]

Variances shall only be issued upon:

a. Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.

b. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

d. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

§ 21-808A VIOLATIONS.

§ 21-808A.1 Violations.

[Added 9-13-2022 by Ord. No. 2022-17]

Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

§ 21-808A.2 Authority.

[Added 9-13-2022 by Ord. No. 2022-17]

The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

§ 21-808A.3 Unlawful Continuance.

[Added 9-13-2022 by Ord. No. 2022-17]

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

§ 21-808A.4 Review Period to Correct Violations.

[Added 9-13-2022 by Ord. No. 2022-17]

A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a minimum fine of $1,000 but not more than $2,000 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 21-809A DEFINITIONS.

§ 21-809A.1 General.

[Added 9-13-2022 by Ord. No. 2022-17]

The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

§ 21-809A.2 Definitions.

[Added 9-13-2022 by Ord. No. 2022-17]

As used in this section:

100-YEAR FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.

500-YEAR FLOOD ELEVATION

Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES

Areas of 'Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this Section 21-8A, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.

ACCESSORY STRUCTURE

Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE

A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

AH ZONES

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

ALTERATION OF A WATERCOURSE

A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AO ZONES

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual 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

See SPECIAL FLOOD HAZARD AREA.

ASCE 24

The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].

ASCE 7

The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA

The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA

The aerial mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION

The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BREAKAWAY WALLS

Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING

Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION

A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION - FILL

A Conditional Letter Of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "Critical Building" means that:

a. It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

b. It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING

A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING

A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE

An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

ENCROACHMENT

The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS

Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION

Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 -3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Emergency Management Agency 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

a. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

3. Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph a1 of this definition.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain 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.

FLOODPLAIN or FLOOD PRONE AREA

Any land area susceptible to being inundated by water from any source. See "Flood or flooding."

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY

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.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING

Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.

HARDSHIP

As related to Section 21-807A, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Zoning Board of Adjustment requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

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:

1. By an approved State program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in States without approved programs.

LAWFULLY EXISTING

Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:

a. Prior to January 31, 1980; or

b. On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this Section 21-8A to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT

A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE

The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on a Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision — Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.

LETTER OF MAP REVISION

A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION - FILL

A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE)

The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.

LOWEST ADJACENT GRADE

The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR

In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. 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 as to render the structure in violation of other applicable non-elevation design requirements of these regulations.

MANUFACTURED HOME

A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NON-RESIDENTIAL

Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK

This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

RESIDENTIAL

Pursuant to the ASCE 24:

a. Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;

b. Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

c. Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL

"Solid Waste Disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA

The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION

The Start of Construction is as follows:

a. For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, 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 building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, 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.

b. For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means 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 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, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.

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.

For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE

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

Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place over a ten-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The period of accumulation for determining whether an improvement is a substantial improvement requires a review of all improvements over a ten-year period prior to the date of any proposed 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 local health, sanitary or safety code specifications which have been identified by the local 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."

THIRTY-DAY PERIOD

The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this Section 21-8A has been issued.

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION

A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Section 21-8A is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

WATERCOURSE

A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING

Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.

§ 21-809A.3 SUBDIVISIONS AND OTHER DEVELOPMENTS.

§ 21-809A.4 General.

[Added 9-13-2022 by Ord. No. 2022-17]

Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

a. All such proposals are consistent with the need to minimize flood damage.

b. All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.

c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

§ 21-8809A.5 Subdivision Requirements.

[Added 9-13-2022 by Ord. No. 2022-17]

Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

a. The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

b. Residential building lots shall be provided with adequate buildable area outside the floodway.

c. The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

§ 21-810A SITE IMPROVEMENT.

§ 21-810A.1 Encroachment in Floodways.

[Added 9-13-2022 by Ord. No. 2022-17]

Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section 21-805A.3a of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section 21-805A.3a is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 21-814A.2 and the floodway requirements of N.J.A.C. 7:13.

§ 21-810A.1.1 Prohibited in Floodways.

[Added 9-13-2022 by Ord. No. 2022-17]

a. The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

b. Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

§ 21-810A.2 Sewer Facilities.

[Added 9-13-2022 by Ord. No. 2022-17]

All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.

§ 21-810A.3 Water Facilities.

[Added 9-13-2022 by Ord. No. 2022-17]

All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

§ 21-810A.4 Storm Drainage.

[Added 9-13-2022 by Ord. No. 2022-17]

Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

§ 21-810A.5 Streets and Sidewalks.

[Added 9-13-2022 by Ord. No. 2022-17]

Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

§ 21-810A.6 Limitations on Placement of Fill.

[Added 9-13-2022 by Ord. No. 2022-17]

Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

§ 21-810A.7 Hazardous Materials.

[Added 9-13-2022 by Ord. No. 2022-17]

The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

§ 21-811A MANUFACTURED HOMES.

§ 21-811A.1 General.

[Added 9-13-2022 by Ord. No. 2022-17]

All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

§ 21-811A.2 Elevation.

[Added 9-13-2022 by Ord. No. 2022-17]

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section 21-814A.2.

§ 21-811A.3 Foundations.

[Added 9-13-2022 by Ord. No. 2022-17]

All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the Residential Code.

§ 21-811A.4 Anchoring.

[Added 9-13-2022 by Ord. No. 2022-17]

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

§ 21-811A.5 Enclosures.

[Added 9-13-2022 by Ord. No. 2022-17]

Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 21-814A.2.

§ 21-811A.6 Protection of Mechanical Equipment and Outside Appliances.

[Added 9-13-2022 by Ord. No. 2022-17]

Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 21-814A.2 of these regulations.

§ 21-811A.6.1 Exception.

[Added 9-13-2022 by Ord. No. 2022-17]

Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 21-814A.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 21-812A RECREATIONAL VEHICLES.

§ 21-812A.1 Placement Prohibited.

[Added 9-13-2022 by Ord. No. 2022-17]

The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

§ 21-812A.2 Temporary Placement.

[Added 9-13-2022 by Ord. No. 2022-17]

Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

§ 21-812A.3 Permanent Placement.

[Added 9-13-2022 by Ord. No. 2022-17]

Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section 21-814A.2 for habitable buildings.

§ 21-813A TANKS.

§ 21-813A.1 Tanks.

[Added 9-13-2022 by Ord. No. 2022-17]

Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 21-814A OTHER DEVELOPMENT AND BUILDING WORK.

§ 21-814A.1 General Requirements for Other Development and Building Work.

[Added 9-13-2022 by Ord. No. 2022-17]

All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

a. Be located and constructed to minimize flood damage;

b. Meet the limitations of Subsection 805A.3a when located in a regulated floodway;

c. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section 21-802A.3;

d. Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;

e. Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 21-802A.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:

1. Specifically allowed below the Local Design Flood Elevation; and

2. Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.

f. Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

g. Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.

§ 21-814A.2 Requirements for Habitable Buildings and Structures.

[Added 9-13-2022 by Ord. No. 2022-17]

Construction and Elevation in A Zones not including Coastal A Zones.

a. No portion of a building is located within a V Zone.

b. No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

c. All new construction and substantial improvement of any habitable building (as defined in Section 21-809A) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 21-802A.3, be in conformance with ASCE 24, Chapter 7, and be confirmed by an Elevation Certificate.

d. All new construction and substantial improvements of non-residential structures shall:

1. Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 21-802A.3, be in conformance with ASCE 24, Chapter 7, and be confirmed by an Elevation Certificate; or

2. Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:

(a) Meets the requirements of ASCE 24 Chapters 2 and 7; and

(b) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.

e. All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

1. For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;

2. Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of Section 21-814A.2d2 are met;

3. Be constructed to meet the requirements of ASCE 24 Chapter 2;

4. Have openings documented on an Elevation Certificate; and

5. Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

(a) The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.

(b) The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;

(c) The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;

f. For new construction or substantial improvements, enclosures shall be less than 295 square feet in size.

§ 21-814A.3 Garages and Accessory Storage Structures.

[Added 9-13-2022 by Ord. No. 2022-17]

Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

§ 21-814A.4 Fences.

[Added 9-13-2022 by Ord. No. 2022-17]

Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section 21-805A.3a of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section 21-807A.

§ 21-814A.5 Retaining Walls, Sidewalks, and Driveways.

[Added 9-13-2022 by Ord. No. 2022-17]

Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 21-805.3a of these regulations and N.J.A.C. 7:13.

§ 21-814A.6 Swimming Pools.

[Added 9-13-2022 by Ord. No. 2022-17]

Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 21-805A.3a of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

§ 21-814A.7 Roads and Watercourse Crossings.

[Added 9-13-2022 by Ord. No. 2022-17]

a. For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.

b. Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 21-805A.3a of these regulations.

§ 21-815A TEMPORARY STRUCTURES AND TEMPORARY STORAGE.

§ 21-815A.1 Temporary Structures.

[Added 9-13-2022 by Ord. No. 2022-17]

Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.

§ 21-815A.2 Temporary Storage.

[Added 9-13-2022 by Ord. No. 2022-17]

Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

§ 21-815A.3 Floodway Encroachment.

[Added 9-13-2022 by Ord. No. 2022-17]

Temporary structures and temporary storage in floodways shall meet the requirements of Section 21-805A.3a of these regulations.

§ 21-816A UTILITY AND MISCELLANEOUS GROUP U.

§ 21-816A.1 Utility and Miscellaneous Group U.

[Added 9-13-2022 by Ord. No. 2022-17]

In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

§ 21-816A.2 Flood Loads.

[Added 9-13-2022 by Ord. No. 2022-17]

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section 21-802A.3.

§ 21-816A.3 Elevation.

[Added 9-13-2022 by Ord. No. 2022-17]

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section 21-802A.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

§ 21-816A.4 Enclosures Below Base Flood Elevation.

[Added 9-13-2022 by Ord. No. 2022-17]

Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 21-814A.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

§ 21-816A.5 Flood-Damage Resistant Materials.

[Added 9-13-2022 by Ord. No. 2022-17]

Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 21-802A.3.

§ 21-816A.6 Protection of Mechanical, Plumbing, and Electrical Systems.

[Added 9-13-2022 by Ord. No. 2022-17]

Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section 21-802A.3.

§ 21-816A.6.1 Exception.

[Added 9-13-2022 by Ord. No. 2022-17]

Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 21-9 SITE PLAN REVIEW.

[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.

§ 21-10 CONDITIONAL USES.

[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.

§ 21-1001 Cluster Development.

[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.

§ 21-1001.1 Maximum Number of Lots.

[1972 Code § 21-1001.1; New]

The maximum number of lots to be permitted shall be arrived at in accordance with the following schedule:

Zone	Maximum Number of Dwelling Units Per Gross Acre
R-15	2.49
R-20	1.803
RR-1	1.00

§ 21-1001.2 Criteria for Cluster Development.

[1972 Code § 21-1001.2]

a. Minimum tract size not less than 10 acres;

b. Minimum lot size and yard requirement — to be determined by the Planning Board on an individual basis taking into consideration the following:

1. Character of surrounding area;

2. Overall design of development;

3. Nature and extent of open space;

4. Availability of utilities, public water and sewers; and

5. Environmental criteria.

c. Housing type — the same as allowed in the zone.

§ 21-1001.3 Location and Use of Dedicated Lands.

[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:

a. 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.

b. 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.

§ 21-1001.4 Disposition of Dedicated Areas.

[1972 Code § 21-1001.4]

a. 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.

b. 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:

1. 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.

2. 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.

3. 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.

§ 21-1002 Public Utility Installations.

[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.

§ 21-1003 Hospitals; Churches; Requirements.

[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:

§ 21-1003.1	There shall be a minimum lot area of two acres.
§ 21-1003.2	There shall be a maximum lot area of five acres.
§ 21-1003.3	There shall be a setback of 50 feet from any building to any property line.
§ 21-1003.4	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.
§ 21-1003.5	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).
§ 21-1003.6	The site shall have direct access on a collector or arterial roadway as classified in the Piscataway Township Master Plan.
§ 21-1003.7	A building containing a hospital, church or other place of worship, Sunday school or church school, shall not be used for any other use.
§ 21-1003.8	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]
§ 21-1003.9	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. [Ord. No. 10-03; Ord. No. 11-22]

§ 21-1004 Golf Courses.

[1972 Code §§ 21-1004 — 21-1004.2]

A golf course shall conform to the following requirements:

§ 21-1004.1

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.

§ 21-1004.2

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.

§ 21-1005 Educational Institutions.

[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.

§ 21-1006 Service Stations; Public Garages.

[1972 Code §§ 21-1006 — 21-1006.11]

A service station, public garage, shall conform to the following requirements:

§ 21-1006.1	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.
§ 21-1006.2	All fuel pumps, car lifts and other service appliances shall be located at least 35 feet from any street line or property line.
§ 21-1006.3	All fuel storage tanks shall be installed in accordance with applicable Federal, State and local laws.
§ 21-1006.4	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.
§ 21-1006.5	The entire area to be traversed by motor vehicles shall be hard surfaces.
§ 21-1006.6	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. [New]
§ 21-1006.7	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.
§ 21-1006.8	Signs shall be erected only in compliance with those regulations contained in Section 21-12 pertaining to business zones.
§ 21-1006.9	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.
§ 21-1006.10	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.
§ 21-1006.11	No more than 10 vehicles may be parked outdoors overnight on or adjacent to the service station or public garage premises.

§ 21-1007 Hotels and Motels.

[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:

§ 21-1007.1 Permitted Location.

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.

§ 21-1007.2 Conditions for Permit.

No permit for a hotel or motel shall be granted unless all of the following items and conditions are complied with:

§ 21-1007.2-1	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.
§ 21-1007.2-2	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.
§ 21-1007.2-3	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.
§ 21-1007.2-4	Parking space of 1.1 spaces for each unit of accommodation where the hotel or motel is located.
§ 21-1007.2-5	The minimum lot area shall be five acres. All other lot and yard requirements of the LI-5 Zone shall apply.
§ 21-1007.2-6	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.
§ 21-1007.2-7	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.
§ 21-1007.2-8	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.
§ 21-1007.2-9	All buildings shall conform to a single architectural style.
§ 21-1007.2-10	All open areas other than those used for parking purposes shall be landscaped and maintained by the owner of the hotel or motel.

§ 21-1008 Fast Food and Drive-In Restaurants.

[1972 Code §§ 21-1008 — 21-1008.7; New]

Fast food and drive-in restaurants shall conform to the following requirements:

§ 21-1008.1	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.
§ 21-1008.2	The entire area that will be used by motor vehicles shall be hard surfaces.
§ 21-1008.3	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.
§ 21-1008.4	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.
§ 21-1008.5	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.

§ 21-1009 Commercial Wholesale Greenhouses.

[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:

§ 21-1009.1	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.
§ 21-1009.2	The maximum lot coverage of all buildings shall not exceed 35%.
§ 21-1009.3	Every building shall be a minimum of 100 feet from the property line.
§ 21-1009.4	Outdoor storage of fertilizers or chemicals shall be prohibited.
§ 21-1009.5	All commercial vehicles must be screened from view of adjacent residential properties.
§ 21-1009.6	Maximum height: same as otherwise allowed in zone where located.

§ 21-1010 M-1 and M-5 Industrial Zone.

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:

§ 21-1010.1 Performance Standards.

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:

§ 21-1010.1-1 Liquid Wastes.

[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.

§ 21-1010.1-2 Discharge of Industrial.

[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.

§ 21-1010.1-3 Noise and Vibration.

[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:

a. From 7:00 a.m. to 10:00 p.m.:

1. Continuous airborne sound which has sound level in excess of 65 dBA; or

2. 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:

Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
31.5	96
63	82
125	74
250	67
500	63
1,000	60
2,000	57
4,000	55
8,000	53

or;

3. Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.

b. From 10:00 p.m. to 7:00 a.m.;

1. Continuous airborne sound which has a sound level in excess of 50 dBA; or

2. 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:

Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
31.5	86
63	71
125	61
250	53
500	48
1,000	45
2,000	42
4,000	40
8,000	38

Or;

3. Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.

c. The provisions of this section shall be enforced by the Zoning Officer of the Township or by his designee.

§ 21-1010.1-4 Heat.

[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.

§ 21-1010.1-5 Glare.

[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.

§ 21-1010.1-6 Smoke.

[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.

§ 21-1010.1-7 Fly Ash, Dust and Other Forms of Air Pollution.

[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.

§ 21-1010.1-8 Fire and Explosion Hazards.

[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.

§ 21-1010.1-9 Testing Procedures and Technical Assistance.

[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.

§ 21-1010.2 Environmental Assessment Questionnaire.

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:

a. 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.

§ 21-1010.2-1 Disclosure of Applications and Permits.

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.

§ 21-1010.2-2 Copies of Applications for Banked Emissions.

[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.

§ 21-1010.3 Outdoor Storage.

[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:

§ 21-1010.3-1 Screening and Setbacks for Outdoor Storage Facilities.

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.

§ 21-1010.3-2 Location of Above-Ground Storage of Hazardous Chemical Substances.

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.

§ 21-1010.4 Spill Prevention and Containment Control Plan.

[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.

§ 21-1011 Planned Residential Development.

[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.

§ 21-1011.1 Objectives.

[1972 Code § 21-1011.1]

To carry out the intent of this section, a planned residential development district endeavors to provide:

a. 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.

b. Usable open space and recreation areas for the homeowners in the planned residential development.

c. Preservation of natural topographical and geological features with emphasis upon:

1. Prevention of top soil removal and erosion.

2. Conservation of existing surface and subsurface water.

3. Preservation of major trees or other environmentally enhancing features.

d. An efficient network of streets and utilities.

e. The development of a housing pattern in harmony with the objective of a more desirable living environment.

f. Provision of housing for low- and/or moderate-income families.

§ 21-1011.2 Density and Development.

[1972 Code § 21-1011.2; New]

a. Overall gross density for the planned residential developments shall be as follows:

1. R-20A Zone. Maximum of 10 dwelling units per acre provided that 20% of the units be dedicated for low- or moderate-income housing.

2. R-15A Zone. Maximum of five dwelling units per acre.

3. R-10A Zone. Maximum of 10 dwelling units per acre provided that 20% of the units be dedicated for low- or moderate-income housing.

b. An additional 5% of the total gross area shall be utilized, designed, and improved for recreation.

c. 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.

d. 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.

1. The maximum permitted density shall be no more than 15 units per acre;

2. The maximum permitted height of a principal building shall not exceed 45 feet and three stories;

3. The maximum number of units in a building shall not exceed 24;

4. The maximum building length shall not exceed 225 feet;

5. 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;

6. The required number of architectural designs shall be no less than two and no more than four; and

7. No less than 5% of the total lot area shall be utilized, designed and improved for recreation.

e. In any planned residential development, architectural design for each type of housing shall be required in accordance with the following unit schedule:

100 units or less	3 designs
101 - 200 units	4 designs
201 - 300 units	5 designs
301 units or more	6 designs

An architectural design is defined as follows:

1. 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;

2. 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

3. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. 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.

l. 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.

m. 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.

n. Sewage treatment shall be provided for in a manner which complies with all current, local, County and State ordinances, regulations and statutes.

o. 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.

p. Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development.

q. Common Open Space and Recreation Facilities. Common open space and recreation facilities as required shall be subject to the following:

1. 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.

2. 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.

3. 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.

§ 21-1011.3 Procedures.

[1972 Code § 21-1011.3; Ord. No. 05-32]

The developer shall submit an application and plans for preliminary approval disclosing the following:

a. The location and size of the site and the nature of the developer's interest in the land proposed to be developed;

b. A survey of the property showing existing grades, structures and natural characteristics;

c. The location and size of any common open space and the form or organization proposed to own and maintain any common open space;

d. The use and the location of all proposed buildings and other structures, and proposed final grades;

e. The proposals for the disposition of sanitary waste, storm water and solid waste;

f. Architectural plans of all buildings and other structures proposed;

g. Landscaping plans as required in subsection 21-1011.2;

h. 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;

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

j. 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;

k. An environmental impact assessment containing the following information:

1. Description of the proposed project.

2. 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.

3. A listing of all licenses, permits or other approvals as required by municipal, County, or State law and the status of each.

4. An assessment of the probable impact of the project, both adverse and beneficial on the topics listed in paragraph k, 2 above.

5. Any probable adverse environmental effects which cannot be avoided, including effects upon:

(a) Water quality.

(b) Water supply.

(c) Noise.

(d) Undesirable land use patterns.

(e) Damage or destruction of significant plant or wildlife.

(f) Air quality.

(g) Aesthetics.

(h) Traffic.

(i) Property taxes.

(j) Destruction of any natural resources.

(k) Destruction of any man-made resources.

6. 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.

7. The alternatives to the proposed project.

8. 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.

§ 21-1011.3-1 Public Hearings.

[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.

§ 21-1011.3-2 Findings and Action.

[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:

a. In what respects the plan is or is not consistent with the statement of objectives of a planned residential development;

b. 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;

c. 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;

d. The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and

e. 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.

§ 21-1011.3-3 Effect of Preliminary Approval.

[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.

§ 21-1011.3-4 Final Approval.

[1972 Code § 21-1011.3]

a. 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.

b. The municipal agency shall act on the final application within 45 days of the filing of a complete application.

c. 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.

d. 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.

§ 21-1011.4 (Reserved)

§ 21-1011.5 Permitted Uses.

[1972 Code § 21-1011.5]

a. Residential Uses. The permitted residential uses include any of the dwelling unit types listed in subsection 21-1011.2f.

b. Accessory Nonresidential Uses.

1. 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.

2. All buildings erected for nonresidential purposes shall be erected by the barrier free method of construction.

3. 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.

4. The permitted uses shall conform to the approved planned residential development plan.

§ 21-1011.6 Staging and Scheduling.

[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.

a. 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.

b. 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 and the resultant removal as estimated in time of the applicant or his corporate entity from the administration of the planned residential development.

c. The Planning Board may deny any application for a planned residential development in the event the Township Attorney has not approved the legal documents of the homeowners association, the master deed or where the proposed rules of operation are adjudged to be inconsistent with sound consumer policy, and the intent and objectives of this section to supply a necessary housing need.

§ 21-1011.7 Enforcement.

[1972 Code § 21-1011.7]

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

a. Enforcement by the Township. The provisions of the plan relating to (1) the use of land and the use, bulk and location of buildings, and structures, (2) the quality and location of common open space, and (3) the intensity of use of the density of residential units, shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers or regulation otherwise granted the Township by law.

b. Deed restrictions limiting the use of open space and recreational areas shall be filed in the office of the County Clerk.

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

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

1. No such modification, removal or release of the provisions of the plan by the Township shall affect the rights of the residents and owners of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.

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

e. Modification by the Residents. Residents and owners of the planned residential development, may to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their right to enforce the provisions (of the plan), but no such action shall reflect the right of the Township to enforce the provisions of the plan in accordance with the provisions of this section.

§ 21-1011.8 Maintenance.

[1972 Code § 21-1011.8]

It shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and access ways in good condition, free of litter and refuse, pot holes, cracked pavement, ice, snow, or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition.

If the owner fails to undertake repairs after proper notification, and in the opinion of the Township Engineer and/or Health Officer, conditions constitute a hazard to the safety and welfare of the residents and visitors of the planned residential development, the Township will cause a summons to be served and any such violation shall be subject to the maximum penalty of the Municipal Court. A reasonable time shall be set to repair such deficiencies and after the expiration of a designated time limit a daily fine of $100 per day shall be levied until such deficiencies are corrected.

§ 21-1012 Restaurants Possessing Plenary Retail Consumption Licenses.

[1972 Code § 21-1012]

Restaurants possessing plenary retail consumption licenses shall be permitted in the LI-1, LI-5, M-1, and M-5 Zones, subject to the following conditions:

a. The minimum lot size shall be one acre.

b. The property shall have frontage on a major arterial roadway as classified in the Piscataway Township Master Plan.

c. A buffer area of at least 75 feet in width shall be provided if the property abuts a residential use or zone.

d. Site plan approval shall be required by the appropriate municipal agency.

§ 21-1013 Shopping Centers.

[1972 Code § 21-1013]

a. Minimum tract size shall be 10 acres.

b. The property shall have substantial frontage on a major arterial roadway, as classified in the Master Plan of the Township of Piscataway.

c. All bulk requirements shall be identical to those required in the LI-5 Zone with the exception of signs.

d. Design standard as required in the LI-5 Zone by the Municipal Zoning and Site Plan Ordinances shall be imposed.

e. Buildings and signs shall conform to one architectural style.

f. Other requirements provided by municipal ordinances shall apply, except where a specific and explicit conflict with this section is evident.

g. A landscaped buffer of at least 75 feet in width shall be required where the property in question abuts a residential use or a residential zone.

h. All areas other than those used for parking shall be landscaped and maintained according to a maintenance plan to be submitted by the applicant and to be approved by the Planning Board contemporaneously with site plan or subdivision approval.

i. The applicant shall submit traffic and circulation studies which shall establish the nature and extent of the anticipated customer volume and shall demonstrate that such volume can be accommodated at the proposed location without substantial adverse impact on the property in question or on the surrounding properties.

§ 21-1014 Solar Energy Systems.

§ 21-1014.1 Purpose.

[Ord. No. 11-25 § 4]

The primary purpose of a solar energy system will be to provide power for the principal use of the property whereon said system is to be located. Generation of power for consumption on other properties shall be permitted only on nonresidential properties.

§ 21-1014.2 Approval Required.

[Ord. No. 11-25 § 4]

All solar energy systems require approval from the Zoning Officer and Construction Official prior to installation. Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.

§ 21-1014.3 Solar Panels.

[Ord. No. 11-25 § 4]

a. Solar panels shall be conditionally permitted as a rooftop installation upon the principal structure only in any zoning district. The solar panels shall not exceed a height of 12 inches above the rooftop. In no event shall the placement of the solar panels result in a total height greater than what is permitted in the zoning district for a principal structure nor shall any panel extend beyond the roof lines. For any solar installation which requires frame hardware, piping, and/or any associated equipment to be located on the ground, such equipment shall not be located in a front yard, must comply with the setback requirements for accessory structures in the zone in which the property is located, and shall be completely screened with natural plantings or a combination of fencing and natural plantings which shall completely screen the associated frame hardware, piping and equipment from abutting properties. The height of such frame hardware, piping and/or associated equipment shall not exceed a height of four feet in a residential zone and eight feet in a nonresidential zone.

[Amended 11-26-2019 by Ord. No. 19-32]

b. Solar panels shall be conditionally permitted as ground arrays in accordance with the following:

1. All ground arrays shall be set back a minimum distance of 40 feet from all property lines in a residential zoning district or in conformance with the setback requirements for principal structures in nonresidential zoning districts as applicable or provided herein.

2. Ground arrays shall not be permitted in a front yard.

3. Ground arrays shall be located so that any glare is directed away from an adjoining property.

4. Ground arrays shall not exceed a height of five feet in all residential zoning districts and 10 feet in all nonresidential zoning districts.

5. Installation of solar ground arrays in the rear yard and side yards shall be conditionally permitted subject to the installation of natural plantings or a combination of fencing and natural plantings which shall completely screen the solar panels and associated frame hardware, piping, and all associated equipment from abutting properties.

6. If the solar energy system on nonresidential property is to supply power to other properties, all transmission lines shall be constructed underground or attached to existing above ground lines.

§ 21-1014.4 Solar energy systems shall also comply with the following:

[Ord. No. 11-25 § 4]

a. A solar energy system shall not be used for displaying any advertising, except for one reasonable identification of the manufacturer of the system. In no case shall any identification be visible from a property line.

b. The design of a solar energy system shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

c. All applications for a solar energy system shall conform to the provisions of the Township's Tree Removal Ordinance (see Ch. XXX). Any trees to be removed in excess of that permitted under the exemptions of the tree removal ordinance shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provision of the ordinance. An applicant shall locate a solar energy system so that the tree removal is not required to the extent practicable.

d. The installation of a solar energy system shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs, or any successor or substituted codes or regulations.

e. The installation of a solar energy system is subject to all Public Service Electric & Gas Company requirements for installation.

f. Structures supporting solar panels in parking lots shall not exceed 10 feet in height and will not cover or obstruct any parking access aisles.

g. Roof top solar panels must provide for access for maintenance of the roof.

h. Structures for supporting solar panels in parking lots shall incorporate protective measures from falling ice or snow to protect pedestrians and vehicles.

§ 21-1014.5 Abandonment.

[Ord. No. 11-25 § 4]

a. A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

b. The Zoning Officer may issue a "Notice of Abandonment" to the owner of the property upon which there is an abandoned solar energy system. The notice shall be sent via regular mail and certified mail, return receipt requested, to the owner of record, at the address maintained by the Township Tax Assessor.

c. Any abandoned solar energy system shall be removed at the owner's sole expense within 60 days after service of the "Notice of Abandonment" by the Township. If the solar energy system has not been removed within 60 days of service of notice by the Township notifying the owner of such abandonment, the Township may, but is not obligated to, remove the system in the manner set forth in subsection 21-1014.5d.

d. When an owner of a solar energy system has been notified to remove same and has not done so within 60 days after service of said notice and the Township removes such system, the Township may place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the solar energy system shall be removed. Upon removal, the property shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. Removal costs incurred by the Township must be certified by the Township Construction Official and a lien must be voted on by a resolution by the Township Council.

§ 21-1015 Assisted Care.

[1972 Code § 20-1015]

Assisted care or living facilities shall be permitted in the AL Zone, subject to the following conditions:

a. The maximum number of units per acre shall be 20.

b. There shall be a minimum of one parking space for each two units.

c. Total number of units shall not exceed 150.

d. Total number of stories shall not exceed five.

§ 21-1016 Wireless Telecommunications Equipment and Facilities.

§ 21-1016.1 Definitions.

[Ord. No. 06-43 § 21-1016.1; Ord. No. 08-02 § 21-1016.1]

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

ANTENNA

Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

BACKHAUL NETWORK

Shall mean lines that connect a providers' towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BOARD

Shall mean the Zoning Board of Adjustment or the Planning Board of the Township of Piscataway.

BOCA

Shall mean Building Officials Code Administrators.

CELLULAR ANTENNA

Shall mean antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as "conditional uses" in accordance with the specific zoning conditions and standards for their location and operation within this section. For the purposes of this section "cellular antennas," as referred to in the 1996 Federal Telecommunications Act, shall not be considered to be a public utility.

FAA

Shall mean the Federal Aviation Administration.

FCC

Shall mean the Federal Communications Commission.

PLANNING BOARD

Shall mean the Planning Board of the Township of Piscataway.

PUBLIC VIEW

Shall mean visible from a public thoroughfare, public lands or buildings or navigable waterways.

TELECOMMUNICATIONS ACT

Shall mean the Federal Telecommunications Act of 1996 and amendments or modifications which may be made thereto.

TOWER

Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

TOWNSHIP

Shall mean the Township of Piscataway.

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND

Shall mean a fenced in area which houses any combination of wireless telecommunications, structures, buildings, antennas, equipment, and/or towers.

WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS

Shall mean buildings and/or structures and equipment for the delivery of wireless telecommunications, except for satellite dish antennas. Wireless telecommunications tower means a vertical structure used for wireless telecommunications antennas.

ZONING BOARD

Shall mean the Zoning Board of Adjustment of the Township of Piscataway.

§ 21-1016.2 Purpose.

[Ord. No. 06-43; § 21-1016.2; Ord. No. 08-02 § 21-1016.2]

It is the purpose of these provisions to provide specific zoning conditions and standards for the location and operation of cellular antennas for telephone, radio, paging and other personal wireless communication services and/or telecommunications within the Township, which, while acknowledging that, at times, there may be public benefits derived from the construction and operation of such antennae, also recognized, is the need to safeguard the public good and preserve the intent and the purposes of the Piscataway Township Zone Plan. This section seeks to meet the requirements of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunications towers.

§ 21-1016.3 Objectives.

[Ord. No. 06-43 § 21-1016.3; Ord. No. 08-02 § 21-1016.3]

The overall objective of these provisions is to enable the location within the Township of those antennas and/or towers which have been determined pursuant to the Telecommunication Act to be necessary and protected so as to provide full and seamless communication services while, at the same time, limiting the number of supporting towers to the extent reasonably practicable. Therefore, since the Telecommunications Act has recognized that the public has a right to receive cellular communication service within the Township of Piscataway, it also is an objective of these provisions that many of the different carriers locate their antennas on the same tower in order to limit the overall number of towers within the Township to the extent reasonably practicable to provide adequate buffering from residential properties and preserve real estate property values.

§ 21-1016.4 Conditional Use.

[Ord. No. 06-43 § 21-1016.4; Ord. No. 08-02 § 21-1016.4; Ord. No. 2015-06]

a. The installation of wireless telecommunications structures, antennas, equipment and/or towers shall be a principal conditional use, provided the standards in subsections 21-1016.5 through 1016.7 are met, in the following zoning districts of the Township:

1. BP-1 (Business Professional District), LI-1 (Light Industrial District), LI-5 (Light Industrial District), M-1 (industrial District) and the M-5 (Industrial District). They are prohibited in all other zoning districts as a principal conditional use.

b. The installation of wireless telecommunications structures, antennas and equipment shall be an accessory conditional use in every zoning district in the Township provided:

1. All such structures, antennas and equipment are attached to the exterior of the principal structure, or located inside the principal structure;

2. The maximum permitted height of all such structures, antennas and equipment is not more than five feet greater than the height of the principal structure and does not exceed the maximum permitted height of a principal structure in the zoning district for that location;

3. Such structures, antennas and equipment meet all of the other bulk standards of the zoning district;

4. A monopole, lattice or other tower are not permitted as an accessory structure.

c. Nothing within this section shall be deemed to apply to towers owned by the Township.

§ 21-1016.5 Maximum Height.

[Ord. No. 06-43 § 21-1016.5; Ord. No. 08-02 § 21-1016.5]

a. The maximum height of any proposed cellular antenna and any proposed new tower shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate, but in no event in excess of the following standards for height, exclusive of lightning rods:

1. Singular vendor: 110 feet.

2. Two vendors: 130 feet.

3. Three or more vendors: 150 feet.

b. All tower footings shall be designed to permit future extensions to a maximum height of 150 feet.

§ 21-1016.6 Location Priorities.

[Ord. No. 06-43 § 21-1016.6; Ord. No. 08-02 § 21-1016.6]

If needed, in accordance with an overall comprehensive plan for the provision of full cellular communication services within the Township utilizing the fewest number of towers to the extent reasonably practicable, antennas and wireless telecommunications structures, antennas, equipment and/or towers shall be permitted as conditional uses at the following prioritized locations:

a. The first priority location shall be an existing tower, building, silo, steeple or structure or any existing or proposed water tower or water stand pipe within or near the Township in the zoning districts delineated in subsection 21-1016.4.

b. The second priority location shall be on lands owned by the Township in the zoning districts delineated in subsection 21-1016.4.

c. The third priority location shall be on lands within the Township not owned by the Township in the zoning districts delineated in subsection 21-1016.4.

§ 21-1016.7 Area, Setback and Miscellaneous Requirements.

[Ord. No. 06-43 § 21-1016.7; Ord. No. 08-02 § 21-1016.7; New]

a. If the proposed antennas will be attached to an existing tower, building, silo, steeple or structure or any existing or proposed water tower or water standpipe, no land area shall be required in addition to the land area upon which the existing structure or equipment is situated; or

b. If the proposed antennas and supporting tower will be on lands owned by the Township, no variance or site plan approval need be obtained, but shall be subject to a lease agreement between the applicant and the Township.

c. If the proposed antennas and proposed new supporting tower will be on land within the Township as permitted in subsection 21-1016.4, the following minimum bulk requirements shall be met:

1. The proposed antennas and proposed supporting tower and ancillary building enclosing related electronic equipment shall be located on a lot size in accordance with the following formula:

(a) The total enclosure, including the tower, shall not be greater than 500 square feet for each provider of cellular communications services.

(b) The setback from the tower to the property boundaries shall adhere to the applicable zone standards, but not less than 200 feet or twice the height of the tower, whichever is greater. This section only applies to a new tower constructed after December 31, 2007.

2. Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the appropriate board having jurisdiction as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted:

(a) Within a 200-foot setback distance from any street line.

(b) Within a distance of 1,000 feet from the property line of any existing residence.

(c) Within a distance closer than one mile from another tower.

(d) Within a distance closer than 2,000 feet from a public school.

3. All utilities serving the site shall be underground where reasonably practicable.

4. A wireless telecommunications equipment compound shall be unoccupied other than for purposes of repair, maintenance and/or construction.

§ 21-1016.8 Overall Comprehensive Plan.

[Ord. No. 06-43 § 21-1016.8; Ord. No. 08-02 § 21-1016.8]

In order to provide evidence that the proposed location of the proposed wireless telecommunications structures, antennas, equipment and/or towers have been planned to result in the fewest number of tower locations within the Township at the time full service is provided by the applicant throughout the Township, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Township and, to the extent reasonably practicable, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of cellular communications services within the Township. The overall comprehensive plan shall indicate the following:

a. Documentary evidence regarding the need for new wireless telecommunications antennas within the Township with due consideration given to the Township population. This information shall identify the wireless network layout and coverage area to demonstrate the need for new equipment at a specific location within the Township as well as future plans for applicant's expansion to the extent reasonably foreseeable.

b. Documentary evidence that bona fide attempts have been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of the existing buildings or structures and statements under oath by the applicant.

c. Document the locations of all existing communication towers and/or antennas within the Township and surrounding areas with coverage in the Township and provide competent testimony by a radio frequency expert regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist in the zoning districts delineated in subsection 21-1016.4, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide credible written evidence of correspondence with the owner of such tower and statements under oath verifying that suitable space is not available on the existing tower.

d. Explain how the proposed location of the proposed antennas relates geographically to the location of any existing towers within and near the Township of Piscataway.

e. Explain how the proposed location of the proposed antennas relates to the anticipated need for additional antennae and supporting towers within and near the Township by the applicant and by other providers of cellular communication services within the Township to the extent such information is not proprietary and can be obtained with reasonable effort.

f. Explain how the proposed location of the proposed antennas relates to the objective of collocating the antennas of many different providers of cellular communication services on the same tower.

g. Explain how the proposed location of the proposed antennas relates to the overall objective of providing full cellular communication services within the Township while, at the same time, limiting the number of towers to the extent reasonably practicable.

§ 21-1016.9 Visual Compatibility Requirements and Sound Design Standards.

[Ord. No. 06-43 § 21-1016.9; Ord. No. 08-02 § 21-1016.9]

a. Wireless telecommunications antennas may be erected on existing buildings or structures and a wireless telecommunications equipment compound may be constructed in support of such antennas within the zoning districts delineated in subsection 21-1016.4 consistent with the following requirements:

1. Antenna arrays may be mounted on such existing buildings or structures, but shall not extend beyond the overall height of any such building or structure by more than 10 feet or 10% of the height of the building or structure whichever is less up to a total maximum height of 150 feet.

2. The wireless telecommunications equipment compound shall be enclosed within a fence at least seven feet and no more than eight feet high as approved by the appropriate Board having jurisdiction which shall include a locking security gate.

3. A wireless telecommunications equipment compound consisting of no more than 1,750 square feet may be erected in support of such antenna arrays provided:

(a) It is situated behind existing structures, buildings or terrain features which shall shield the wireless telecommunications equipment compound from public view; or

(b) When a location out of public view is not reasonably practicable, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting and the number of trees shall be based on the equivalent of staggered double rows at 10 feet on center.

b. Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color shall be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not reasonable or practicable, color selection shall be designed to minimize the visual impact of the antenna arrays.

c. Where new wireless telecommunications towers or other antennas support structures are proposed, stealth designs where reasonably practicable shall be employed to camouflage their appearance, such as bell towers, silos, artificial trees and similar treatments. The degree and nature of stealth designs shall depend upon the specifics of the site involved so as to provide the most appropriate designs under the circumstances presented.

d. All facilities shall comply with NJDEP noise regulations as set forth in N.J.A.C. 7:29.

§ 21-1016.10 Design Standards.

[Ord. No. 06-43 § 21-1016.10; Ord. No. 08-02 § 21-1016.10]

a. Any proposed building enclosing related electronic equipment shall not be more than 15 feet in height nor more than 250 square feet in area and only one such building shall be permitted on the lot for each provider of cellular communications services located on the site.

b. Any proposed new tower shall be a monopole unless the applicant can demonstrate and the appropriate Board having jurisdiction agrees that a different type pole is necessary for the collocation of additional antennas on the tower.

c. No antenna shall be located on any tower in order to provide non-cellular telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.

d. All proposed antennas, any proposed new tower and any proposed building enclosing related electronic equipment shall be colored to best blend with the surroundings, including any site vistas.

e. Other than typical "warning," "emergency," and "equipment" information signs, no signs are permitted. Emergency signs shall be on plates attached to the tower or building and shall not exceed two square feet.

f. No lighting is permitted, except as follows, which shall be subject to review and approval by the appropriate Board having jurisdiction as part of the site plan application:

1. The building enclosing electronic equipment may have one light at the entrance of the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building. This shall be exclusive of lights equipped with motion detectors. To the extent these requirements are inconsistent with BOCA requirements, the BOCA requirements shall apply; and

2. No lighting is permitted on a tower except lighting that is specifically as required by the FAA and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.

g. No cellular antenna and/or its related electronic equipment shall interfere with any public safety communications subject to FCC rules and regulations.

h. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby, minimize the need for vehicular trips to and from the site.

i. Minimal off-street parking shall be permitted as needed and as approved by the appropriate Board having jurisdiction.

j. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additionally, any tower supporting the cellular antennas and any building enclosing related electronic equipment shall be surrounded by a fence between seven feet and eight feet high, determined by the appropriate Board having jurisdiction. The fence shall be bordered by a landscape buffer pursuant to subsection 21-1016a3(b).

k. Additional safety devices shall be permitted as needed and as approved by the appropriate Board having jurisdiction.

l. Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least 20 feet deep shall be provided in accordance with the following:

1. The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding properties to the maximum extent possible.

2. Any newly planted evergreen trees shall be at least eight feet high at time of planting and any newly planted deciduous trees shall be a minimum caliper of 2 1/2 inches to three inches at time of planting.

m. Towers and antennas shall meet the following requirements:

1. Towers shall be subject to any applicable standards of the FAA and, to the extent reasonably practicable, be painted a neutral color so as to reduce visual obtrusiveness.

2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color such as sky blue that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as reasonably practicable.

§ 21-1016.11 Site Plan Submission and Approval Requirements.

[Ord. No. 06-43 § 21-1016.11; Ord. No. 08-02 § 21-1016.11]

a. Wireless telecommunications structures, antennas, equipment and/or towers and cellular antennas for telephone, radio, paging and/or television communication shall require major site plan review and approval in accordance with the various sections of this chapter and the Piscataway Township Site Plan Review Ordinance; codified as Chapter 24.

b. In addition to the applicable documentation and items of information required for major site plan approval, the following additional documentation and items of information specific to wireless telecommunications are required to be submitted to the appropriate Board having jurisdiction, for review and approval as part of the site plan submission:

1. Documentation by a qualified professional engineer expert in structural engineering regarding the capacity for the proposed tower for the number and type of antennas.

2. Documentation by a qualified professional engineer expert in structural engineering that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standard developed for antennae by the Electronic Industry Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met.

3. A letter of intent by the applicant in a form which is reviewed and approved by the Township Planning Board Attorney or Zoning Board of Adjustment Attorney indicating that the applicant will share the use of any tower with other approved cellular communication services and that the cost to achieve collocation to other carriers shall not exceed fair market value. This collocation requirement shall be a condition of approval.

4. A visual site distance analysis, graphically simulating the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.

c. Proof that the applicant meets FCC standards as to radiation emissions shall be required.

d. A report from a qualified expert containing the following:

1. A description of the tower and the technical and other reasons for the tower design and height.

2. Documentation by a professional engineer to establish that the tower has sufficient structural integrity for the proposed uses of the proposed location and meets the minimum safety requirement margins according to the FCC requirements and their current adopted revision as well as BOCA requirements.

3. The general capacity of the tower in terms of the number and type of antenna it is designed to accommodate.

e. A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. This letter shall then commit the tower owner and successors in interest.

f. Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.

g. A copy of the lease or deed for the property, redacted so as to protect proprietary and confidentiality interests.

h. The site plan shall also provide the following information:

1. Legal description of the parent tract and lease parcel.

2. The setback distance between the proposed tower and the nearest residential unit, planed residentially zoned properties and unplatted residentially zoned properties.

3. The separation distance from other towers described in the inventory of existing sites submitted. The applicant shall also identify the type of construction of the existing tower and owner/operator of the existing tower if known.

4. A landscape plan showing specific landscape materials.

5. Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

6. Identification of the entities providing the backhaul network for the tower described in the application and other cellular sites owned or operated by the applicant in the municipality and surrounding competitor sites, to the extent reasonably obtainable.

7. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

§ 21-1016.12 Antenna Modifications.

[Ord. No. 06-43 § 21-1016.12; Ord. No. 08-02 § 21-1016.12]

Operators of wireless telecommunications towers shall provide to Piscataway Township a report every three years from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified, and shall include a detail listing of all antennas and equipment so certified. Vendors shall also be required to notify Piscataway Township when the use of such antennas and equipment is discontinued. A satisfactory insurance company inspection report shall be deemed to meet the requirements of this subsection.

§ 21-1016.13 Collocation Required.

[Ord. No. 06-43 § 21-1016.13; Ord. No. 08-02 § 21-1016.13]

Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunication service providers will be permitted to collocate on a proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect a fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower, the extent to which the height of the tower could be increased and the type of equipment which could be accommodated.

§ 21-1016.14 Application and Escrow Fees.

[Ord. No. 06-43 § 21-1016.14; Ord. No. 08-02 § 21-1016.14; New]

Site plan application fees and escrow for wireless telecommunications installations shall be as follows:

a. If no new tower is proposed, application charge is $1,000 plus $3,500 for an escrow account.

b. If a new tower is proposed, $5,000 application charge plus $5,000 for an escrow account.

§ 21-1016.15 Restoration Provisions.

[Ord. No. 06-43 § 21-1016.15; Ord. No. 08-02 § 21-1016.15]

The applicant shall provide a performance bond and/or other assurances satisfactory to the appropriate Board having jurisdiction in a form approved by the Township Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed at no cost to the Township, when the antennae are no longer operative. Any communication facility not used for its intended and approved purpose for a period of 12 months shall be considered no longer operative and abandoned and shall be removed by the applicant or their assigns within 60 days thereof. If the use of the tower is 10% or less of its maximum permitted capacity, it shall be considered no longer operative and therefore abandoned.

§ 21-1017 Billboards.

§ 21-1017.1 Purposes.

[Ord. No. 06-44]

It is the purpose of these provisions to provide specific zoning conditions and standards for the location of off site advertising signs, also known as billboards, within the Township of Piscataway, acknowledging the numerous court decisions which have held that billboard messages are constitutionally protected free speech, while also recognizing the need to safeguard the public good and preserve the intent and purposes of the Piscataway Township Zone Plan.

§ 21-1017.2 Conditions.

[Ord. No. 06-44; Ord. No. 07-20; Ord. No. 13-09]

a. Billboards are permitted only within the HC, (Hotel Conference), LI-5, (Light Industrial), and SC, (Shopping Center) zones along Interstate Route 287; only within 100 feet of the nearest right-of-way line of I-287; not less than 500 feet from an overpass or underpass that traverses I-287; and, at least 500 feet from any residential zone boundary, measured to the nearest edge of the billboard sign area, including any copy extensions.

Lots where billboards are located must have a minimum lot frontage adjacent to the main traveled right-of-way line of I-287 of 500 feet.

b. The maximum billboard height shall not exceed 65 feet above the elevation of I-287 measured from the closest edge of pavement on I-287.

c. The minimum setback from the I-287 right-of-way shall be 10 feet. The minimum setback from any other lot line or street line shall be 10 feet measured to the nearest edge of the billboard sign area, including any copy extensions. The maximum distance from the nearest edge of the sign face to the nearest edge of the primary building on the lot shall not exceed 250 feet.

d. The maximum billboard sign facing any one direction shall be 672 square feet. Copy extension beyond the basic billboard sign are permitted provided they do not exceed 5 1/2 feet above and two feet on either side of the regular display area. Extensions shall not be considered when calculating maximum sign area and maximum billboard height.

e. The total number of billboard structures shall not exceed three within any linear mile, considering both sides of I-287. The minimum distance between billboards along the same side of I-287 shall be 1,500 feet.

f. Any billboard proposed to be located within 500 feet to 1,000 feet of any residential zone shall be oriented so that its sign copy cannot be read from within any part of the residential zone; shall utilize stealth coloring of its supporting members and framework, as approved by the appropriate Board having jurisdiction; and shall only be permitted if adequately screened by existing trees, buildings or topography for the benefit of the residential area(s) within the 1,000-foot distance.

g. All billboards shall be designed and constructed to confine their lines of sight to I-287.

h. Applications for billboards shall be subject to the site plan review and approval procedures as set forth in the Piscataway Township Site Plan Review Ordinance as codified in Chapter 24, as well as the following more specific site plan review items:

1. Applications for billboards shall be reviewed for traffic safety, lighting, landscaping, visual impact, drainage and other similar elements of site plan review. The reviewing Board shall specifically consider the visual impact of the proposed billboard on any residential properties located within 1,000 feet as provided in paragraph f above. Visual impacts on surrounding properties shall be minimized and addressed through the use of landscaping, screening, berming, grading, fencing and stealth covering.

2. Lighting of any billboard shall be designed to avoid glare and spillover and to confine the illuminated areas to the sign face.

3. Landscaping shall be required to be provided around the base of the billboard and may be required elsewhere on the lot where the billboard will be located.

i. Billboards shall be subject to the bulk regulations and yard requirements of the applicable zone, as set forth in the Schedule of General Requirements in the Zoning Ordinance (Section 21-501) except as otherwise specified in subsection 21-1017.2c.

j. The sign copy and sign face may not attempt, or appear to attempt, to direct the movement of traffic or interfere with, imitate or resemble any official traffic sign, signal or device, or include or utilize flashing, intermittent or moving lights, or utilize lighting equipment or reflectorized materials which emit or reflect colors, including but not limited to red, amber or green.

k. Digital and variable multi-message signs shall be permitted.

l. In addition to all of the above conditions, all billboards shall meet all of the requirements as set forth in Chapter 41C, Subchapter 16:41C-1.1 through 16:41C-10.4 of the New Jersey Administrative Code, as may be amended from time to time.

m. The provisions of this section shall not apply to the erection of billboards on municipally-owned property, on an easement for municipal use, or on municipal rights-of-way. Notwithstanding anything contained herein, the exemption of the Township from the provisions of this section shall not affect the minimum distance requirements between billboards, and shall not increase the number of billboards permitted.

§ 21-1018 FIREARM SALES.

[Added 6-14-2018 by Ord. No. 18-12]

§ 21-1018.1 Purpose.

The primary purpose of these provisions is to provide specific zoning conditions and standards for the location and operation of commercial firearms sales dealers. The Township acknowledges that while there may be public benefits derived from the operation of such facilities enumerated in our Constitution, there is also a need to safeguard the public good and preserve the safety and welfare of residents that are left exposed to undue risks and danger if commercial firearms sales facilities were permitted to operate without condition.

§ 21-1018.2 Conditional use.

a. The location and operation of firearms sales dealers shall be a conditional use, provided the standards of Subsection 21-1018.3 are met, within the C Commercial District, G-B General Business District, BPI Business Professional District, BPII Business Professional II District, BR Business/Recreation District, HC Hotel Conference Center District, and SC Shopping Center District of the Township.

§ 21-1018.3 Conditions.

a. That the district permits retail sales activities.

b. That the subject premises is not within 1,000 feet of any of the following:

1. Nursery schools;

2. Preschools;

3. Child, adult, or special needs day-care centers;

4. Elementary, middle, or high schools;

5. State or county universities or colleges;

6. Other schools not falling within the definition of Subsection b4 and 5;

7. Funeral homes;

8. Health services facilities;

9. Other firearms sales dealers;

10. Assisted living facilities;

11. Church or other places of worship, Sunday school, church or religious school;

12. Liquor stores;

13. Establishments in which alcoholic beverages are sold for consumption on the premises;

14. Parks, playgrounds, and commercial recreational facilities;

c. That the applicant possesses, in current form, all of the firearms dealer licenses required by federal and state law;

d. That the applicant has been informed that, in addition to a conditional use permit, the applicant is required to obtain a firearms dealer license issued by the State of New Jersey before sale activity can commence, and that information regarding how such license may be obtained has been provided to the applicant;

e. That the subject premises is in full compliance with the requirements of the applicable building codes, fire code, and other technical codes and regulations which govern the use, occupancy, maintenance, construction, or design of the building or structure;

f. That the applicant has provided sufficient detail regarding the intended compliance with the relevant New Jersey laws and rules for safe storage of firearms and ammunition to be kept at the subject place of business and building security.

§ 21-1019 VAPING PRODUCTS/E-CIGARETTE SALES.

[Added 11-26-2019 by Ord. No. 19-29]

§ 21-1019.1 Purpose.

The primary purpose of these provisions is to provide specific zoning conditions and standards for the location and operation of an establishment that is involved in the sale of vaping products/e-cigarettes in order to preserve the health and welfare of the Township's residents.

§ 21-1019.2 Conditional Use.

The location and operation of establishments that are involved in the sale of vaping products/e-cigarettes shall be a conditional use, provided the standards of § 21-1019.3 are met within the C, Commercial District; G-B, General Business District; BPI, Business Professional District; BPII, Business Professional II District; BR, Business/Recreation District; HC, Hotel Conference Center District; and SC, Shopping Center District of the Township.

§ 21-1019.3 Conditions.

a. The district permits retail sales activities;

b. That the subject premises is not within 500 meters of any of the following:

1. Nursery schools;

2. Pre-schools;

3. Child, adult, or special needs day-care centers;

4. Elementary, middle, or high schools;

5. State or county universities or colleges;

6. Other schools not falling within the definition of Subsection b4 and 5;

7. Funeral homes;

8. Health services facilities;

9. Other vaping/e-cigarette establishments;

10. Assisted living facilities;

11. Church or other places of worship, Sunday school, church or religious school;

12. Parks, playgrounds, and commercial recreational facilities.

§ 21-11 OFF-STREET PARKING AND LOADING AREAS.

[1972 Code § 21-11]

Off-street parking and loading shall be provided in all zones according to the requirements set forth in this section and the general parking regulations.

§ 21-1101 General Off-Street Parking and Loading Regulations.

[1972 Code §§ 21-1101 — 21-1101.6]

The following regulations shall apply:

§ 21-1101.1	(Reserved)
§ 21-1101.2	Parking lots for the accommodation of motor vehicles, loading and unloading facilities, or the outdoor storage of mechanical equipment or materials in bulk, shall not be located nearer to any Residential Zone than 50 feet. Parking may be located in the front yard area but no closer than 10 feet to the street line in Business Zones and no closer than 25 feet to the street line in industrial zones. In any case, not more than 1/2 of the required parking area shall be located in the front yard. Landscaping for front yard parking areas shall comply with the requirements of Chapter 24, Site Plan Review. All loading and storage areas, and front yard parking areas shall be buffered from view of the street and adjacent properties by use of a planted screen, and be properly maintained and free from rubbish and debris at all times. The Planning Board will attempt, wherever possible, to reduce the parking in order to reduce the impact of storm water runoff. Further, the Planning Board may require storm water retention basins on site in order to reduce the impact of storm water runoff caused by the parking pavement.
§ 21-1101.3	Automobile parking space, all passageways and driveways and all off-street loading designed for permanent use shall be paved with a hard surface.
§ 21-1101.4	Off-street parking shall be provided for the loading and unloading of all goods and materials in connection with the use of any building. Such activity shall be buffered from view of the street and adjacent residential areas, in accordance with buffer zone requirements, by use of a planted screen. All such areas shall be properly maintained and free of rubbish and debris at all times.
§ 21-1101.5	Access roads between commercial and industrial properties and public rights-of-way shall be paved with a hard surface and shall be at least 15 feet in width and no greater than 30 feet in width where they intersect with actual public rights-of-way. Access roads shall be at least 35 feet from any intersection with a public road measured from the street line of the intersecting public road.
§ 21-1101.6	In any nonresidential district, no private driveway or local street shall be designed so as to attract traffic to a local residential street to reach a collector or major street as designated on the adopted Piscataway Township Master Plan.

§ 21-1102 GENERAL PARKING SCHEDULE.

[1972 Code § 21-1102; amended 11-26-2019 by Ord. No. 19-33; 12-13-2022 by Ord. No. 2022-27]

The minimum number of off-street parking requirements in all zones for uses other than single-family dwellings shall be as set forth in § 24-702.1 of Chapter 24, Site Plan Review, of Piscataway Township. For single-family dwellings at least one space shall be provided which shall be within an enclosed garage, when the residence construction date falls after July 27, 1978, except where carports were permitted by way of the original approval. Where no garage is required, sufficient off-street parking for a minimum of two cars shall be provided within the driveway area. Notwithstanding the foregoing, the owner of any single-family dwelling constructed prior to July 27, 1978, who maintained a detached garage structure with one or more enclosed spaces shall only be permitted to demolish said detached garage if the owner shall agree to construct at least one enclosed garage space (attached or detached) within one year of the date of demolition of the detached garage space.

Enclosed Parking Spaces. Each enclosed parking space must measure at least 12 feet in width by 20 feet in length. An enclosed parking space shall not be obstructed with stairways, landings, shelving or any other obstruction that would prohibit the parking of a motor vehicle within the enclosed parking space

§ 21-1102A SUPPLEMENTAL LANDSCAPE STANDARDS.

[Added 4-20-2021 by Ord. No. 2021-09]

AH lots zoned BP -1, Business Professional which maintain a frontage on Stelton Road and abut a residentially zoned lot to the rear shall be required to implement the following buffer and lighting requirements in order to meet the negative criteria requirement that there be no substantial detriment to the public good.

a. The buffering requirements are as follows:

1. A six- foot high, 100% solid wood or vinyl fence; and

2. A planting bed no less than 10 feet in depth; and

3. Evergreen conifers, 8 feet -10 feet in height at time of planting, planted 6 feet - 10 feet on center, depending on species selection; and

4. Additional shrubs 3 feet -4 feet in height at time of planting to fill the gaps between the evergreen conifers so as to provide a continuous buffer with plantings; and

5. All the elements of the buffer shall be approved by the Township Landscape Architect.

b. The maximum height of parking lot lighting fixtures shall be 12 feet; shall utilize only LED lighting with a maximum of 3,000 Kelvin temperature and shall contain house side shielding.

§ 21-1103 PLUG-IN ELECTRIC VEHICLE CHARGING STATIONS.

[Added 3-26-2019 by Ord. No. 19-08]

a. Purpose. The purpose of this section is to provide a regulatory framework for the construction of plug-in electric vehicle charging stations, subject to reasonable restrictions, which will preserve the public health, safety, and welfare, while also maintaining the character of Piscataway Township. Plug-in electric vehicle charging stations will help reduce automobile air pollution, greenhouse gas emissions and stormwater runoff contaminants and will also make a positive effect on the Township's placemaking efforts.

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

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board via a battery for motive purpose. "Electric vehicle" includes:

1. A battery electric vehicle; and

2. A plug-in hybrid electric vehicle.

ELECTRIC VEHICLE CHARGING STATION

A public or private parking space that is served by batter-charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

c. Location. Electric vehicle charging stations, whether public commercial stations or private home installations, are encouraged to be installed throughout the Township in accordance with applicable ordinances and regulations.

d. Required stations.

1. One vehicle charging station shall be included for each 50 parking stalls which are part of a site plan application for every permitted use, except for one- to four-residential-unit developments.

e. Approvals and permits.

1. An electric vehicle charging station shall be permitted as an accessory use to any principal use in all zone districts in the Township.

f. General regulations.

1. All electric vehicle charging stations shall be included in the calculation for minimum required parking spaces required in accordance with the Township Site Plan Review Ordinance.

2. Each electric vehicle charging station space shall be not less than nine feet wide and 18 feet in length.

3. Public electric vehicle charging stations are reserved for the simultaneous parking and charging of electric vehicles only. It shall be unlawful for any person to leave standing a vehicle in a space designated for the charging of electric vehicles unless the vehicle is connected for charging purposes. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

4. Identification signage for electric vehicle charging stations shall be posted immediately adjacent to and visible to the parking spaces and have a designated sign not greater than 17 inches by 22 inches in size. One sign per electric vehicle charging space is required.

5. Charging station outlets and connector devisors shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a retraction device and/or a place to hang permanent cords and connectors a sufficient and safe distance above the ground or pavement surface. Equipment mounted on pedestals, lighting posts, or other devices shall be designated and located so as to not impede pedestrian travel or create tripping hazards.

6. Adequate charging station equipment protection, such as concrete-filled steel bollards, shall be used, if directed by the Department of Community Development. Nonmountable curbing may be used in lieu of bollards if the charging station is set back a minimum of 24 inches from the face of the curb.

7. Lighting of electric vehicle charging stations shall be consistent with all applicable Township ordinances.

§ 21-12 SIGNS.

§ 21-1201 Signs in Residential Zones.

[1972 Code §§ 21-1201 — 21-1201.7; Ord. No. 2016-41]

The following signs are permitted in all Residential Zones:

§ 21-1201.1	A decorative sign showing name and address of house or family, not larger than two square feet in area.
§ 21-1201.2	A sign advertising the prospective sale or rental of the premises upon which it is maintained, or a sign identifying each firm working at a site under construction or alteration and indicating the future use of the site. The sale or rental sign shall be removed within one week after the sale or lease has been transacted. Other signs permitted in this paragraph shall be removed within one month after the new construction has been completed or occupied. Maximum area per sign shall not exceed 64 square feet and shall not be illuminated. Sign setback requirement shall be 10 feet from property line. Permits are required.
§ 21-1201.3	Official signs of the Federal, State, County and Township government.
§ 21-1201.4	A permanent sign identifying a church, hospital, non-public school, or other permitted institution shall not exceed 32 square feet in area. Sign setback requirement shall be 25 feet from property line. Signs illegally placed may be removed by Township Officials and discarded. [Amended by Ord. No. 2016-41]
§ 21-1201.5	Signs identifying farms shall not exceed a total of 10 square feet each in area. Sign setback requirement shall be 10 feet from property line. Permit is required.
§ 21-1201.6	Signs identifying a permitted home occupation or a professional office shall not exceed two square feet in area and shall be located no less than 10 feet from property line. Permit is required.
§ 21-1201.7	Signs identifying and advertising a subdivision approved by the Township: Total area per sign shall not exceed 32 square feet. Two such signs may be permitted. Such signs shall be removed after occupancy permits have been granted upon 75% of the lots in the development. Sign setback requirement shall be 10 feet from property line. Permits are required.

§ 21-1202 Signs in Commercial, General Business and Business Professional Zones.

[1972 Code §§ 21-1202 — 21-1202.4]

The following signs are permitted in the Commercial, General Business and Business Professional Zones:

§ 21-1202.1	All signs permitted in the Residential Zones.
§ 21-1202.2	One sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Signs shall not exceed an area equal to 10% of the front wall area of the building or store, including window and door area or portion thereof devoted to such use of activity and shall not project more than six inches from the front of the building. Where more than one business is located in the building, all signs must be uniform in size, lettering, design and color. Additional advertising banners, flags, pennants, or similar devices are prohibited. Permit is required.
§ 21-1202.3	One freestanding sign is permitted for each building and shall not exceed 32 square feet in area. The sign shall not exceed 20 feet in height from grade level of the street on which the property fronts. Any such sign shall not be located in the area within 25 feet of any street line or the boundary of a residential zone. Where more than one business is located in the building, each business identification sign must be uniform in size, lettering, design and color. Permit is required.
§ 21-1202.4	The following signs are permitted in the B-P2 Zone: a. All signs permitted in the Educational and Research Zone.

§ 21-1203 Industrial Zones.

[1972 Code §§ 21-1203 — 21-1203.5]

The following signs are permitted in the Industrial Zones:

§ 21-1203.1	All signs permitted in the Residential Zones.
§ 21-1203.2	Signs necessary for directional or safety purposes on the property. Design, lettering, and color shall conform to that of the principal sign.
§ 21-1203.3	Each permitted building may have a sign located on or attached to two separate facades of the building and neither sign shall exceed 150 square feet in area. If illuminated, such sign shall be nonflashing. Where more than one business is located in the building, all signs must be uniform in size, lettering, design, and color. Additional advertising banners, flags, pennants, or similar devices are prohibited. Permit is required.
§ 21-1203.4	Each building may have a freestanding sign on the property provided that such sign shall not exceed 20 feet in height and 150 square feet in area for each use or activity. The sign shall not be erected closer than 50 feet from the right-of-way line of a public street. If illuminated the sign shall be nonflashing. Where the building has more than one occupant, all signs must be uniform in size, lettering, design and color. Permit is required.
§ 21-1203.5	In M-1 and M-5 Zones only, no freestanding sign shall be installed closer than 2,000 feet to a sign of similar size except that each property shall be allowed to have at least one sign related to its principal use. The sign shall not be greater than 20 feet in height and 150 square feet in area nor any closer to the right-of-way line of the street than the minimum front yard setback for the principal use in the zone. If illuminated, the sign shall be nonflashing. The sign shall relate to a single theme and the lettering shall be uniform in design and color. Permit is required.

§ 21-1204 Signs in Education and Research Zone.

[1972 Code §§ 21-1204 — 21-1204.3-6]

The following signs are permitted in the Education and Research Zone:

§ 21-1204.1 Permitted Signs.

All signs permitted in the Residential Zones.

§ 21-1204.2 Directional and Safety Signs.

Signs necessary for directional or safety purposes on the property. All signs must be uniform in size, lettering, design and color. Permit required.

§ 21-1204.3 Educational and Research Signs.

The following signs may be displayed in connection with any educational or research use and on the same lot therewith:

§ 21-1204.3-1 Size of Sign on Principal Building.

On principal building, one sign with an area not exceeding one square foot for each one foot of horizontal dimension of the building wall on which displayed to a maximum area of 150 square feet. Permit is required.

§ 21-1204.3-2 Accessory Building Signs; Additional Signs.

On any accessory building on the lot; same as specified in paragraph 21-1204.3-1 of this subsection with respect to a principal building, but to a maximum area of 50 square feet. All additional signs must be uniform in size, lettering, design and color. Permit is required.

§ 21-1204.3-3 Freestanding Signs Facing Frontage.

One freestanding sign facing the principal frontage of the lot located not less than 25 feet from any street or lot line and conforming to the following limitations as to size:

a. Maximum height of any part thereof above ground level: 10 feet.

b. Maximum area: six square inches for each one foot of the aforesaid frontage of the lot, plus two square feet for each one foot of distance that the sign is set back from the front line of the lot in addition to the minimum distance specified above to a maximum total area of 150 square feet. Permit is required.

§ 21-1204.3-4 Freestanding Signs Facing Other Street Lines.

One freestanding sign, not exceeding 20 square feet in area, facing any other street line of the lot, but not opposite any part of any Residential Zone and located not less than 25 feet from any street or lot line. Maximum, two signs. Permit is required.

§ 21-1204.3-5 Design; Lighting; Limitation on Content.

All such signs on buildings or property shall be uniform in design, lettering and color. No such sign shall be illuminated by other than indirect illumination. All such signs shall be limited to identification of the establishment and of the activities conducted thereof. No general advertising signs shall be displayed. Permits are required.

§ 21-1204.3-6 Lettering on Gates, Pylons and Monuments.

Lettering on memorial or other decorative gates or pylons, monuments, or similar features that is a part of the design thereof shall not be deemed to constitute a sign for the purpose of this subsection.

§ 21-1205 Signs in Shopping Center Zone.

[1972 Code §§ 21-1205 — 21.1205; Ord. No. 06-45]

The following signs are permitted in the Shopping Center Zone:

§ 21-1205.1 Permitted Signs.

All signs permitted in the residential zones.

§ 21-1205.2 Directional and Safety Signs.

Signs necessary for directional or safety purposes on the property. Design, lettering, and color shall conform to that of the principal sign.

§ 21-1205.3 Signs on Front Facade.

Each permitted use may have a sign located on or attached to a front facade of the use. Only those uses with direct exterior access for consumers shall be allowed a front facade sign. Such sign shall not project more than two feet beyond the building and shall not exceed an area equal to 10% of the front wall area for that use.

§ 21-1205.4 Freestanding Signs.

Each site may have a freestanding sign for each frontage not to exceed two signs. Such signs shall not exceed 20 feet in height and 150 square feet in area. The sign shall not be erected closer than 50 feet from the right-of-way line of a public street. If illuminated, the sign shall be nonflashing. Where the building has more than one occupant, all signs must be uniform in size, lettering, design and color. Additional advertising banners, flags, pennants, or similar devices are prohibited. Permit is required.

§ 21-1206 Signs in Hotel Conference Zone.

[1972 Code §§ 21-1206.1 — 21-1206.4]

The following signs are permitted in the Hotel Conference Zone:

§ 21-1206.1 Permitted Signs.

All signs permitted in the Residential Zones.

§ 21-1206.2 Directional Signs.

Signs necessary for directional purposes on the property. Design, lettering, and color shall conform to that of the principal property.

§ 21-1206.3 Facade Signs.

Each permitted building may have a sign located on or attached to two separate facades of the building and neither sign shall exceed 150 square feet in area. If illuminated, such sign shall be nonflashing. Additional advertising banners, flags, pennants, or similar devices are prohibited. Permit is required.

§ 21-1206.4 Freestanding Signs.

Each site may have a freestanding sign on the property provided that such signs shall not exceed 20 feet in height and 150 square feet in area. The sign shall not be erected closer than 50 feet from the right-of-way line of a public street. If illuminated, the sign shall be nonflashing. Where the building has more than one occupant, all signs must be uniform in size, lettering, design and color. Permit is required.

§ 21-1207 Limitations Applicable to Signs in ALl Zones.

[1972 Code §§ 21-1207 — 21-1207.9; Ord. No. 2016-41]

The following limitations shall apply to signs in all zones:

§ 21-1207.1 Signs with Control Mechanisms.

No sign with any lighting or control mechanism which may cause radio or television interference shall be permitted.

§ 21-1207.2 Lighted Signs.

Signs may be illuminated; however, the actual sources of illumination shall be shielded from public view. Illuminated signs may be lit during hours of operation or until 10:00 p.m., whichever is later. Neon tubing as a medium for signs is prohibited in all zones except for Commercial, General Business and Shopping Center Zones where indoor neon tubing signs which are visible from the exterior of the building may be placed indoors in the front facade window(s) only to a maximum size of 1% of the front facade, but not to exceed 36 inches by 36 inches. Flashing signs are prohibited.

§ 21-1207.3 Overhanging Signs.

No sign shall overhang a public right-of-way or passageway used by the public by more than 15 inches and shall not extend more than six inches from the face of any building.

§ 21-1207.4 Removal of Signs.

All signs must be removed by the owner if the goods advertised are no longer sold locally or the establishment is no longer in use for the sale of goods.

§ 21-1207.5 Signs in Excess of 32 Square Feet.

[Amended by Ord. No. 2016-41]

All signs in excess of 32 square feet shall require a building permit.

§ 21-1207.5-1 Set-Back for Signs Under 10 Square Feet.

All signs under 10 square feet must be set back a minimum of 10 feet from property line.

§ 21-1207.6 Interference With Traffic Lights or Safety Devices.

No sign shall be so placed as to interfere with a traffic light or similar safety device.

§ 21-1207.7 Moving Signs.

No sign shall be moving or give the illusion of being moving.

§ 21-1207.8 Roof Signs.

Roof signs prohibited in all zones.

§ 21-1207.9 Location of Freestanding Signs.

All freestanding signs shall be located within the front yard setback subject to all requirements of Sections 21-5, 21-6 and 21-12 and any State and Federal regulations where applicable.

§ 21-13 PROHIBITED USES.

§ 21-1301 Specifically Prohibited Uses for All Zones — Examples.

[1972 Code §§ 21-1301 — 21-1301.19; Ord. No. 06-45; Ord. No. 08-03; Ord. No. 2016-41]

In addition to the prohibition of all uses in all zones not expressly permitted, the following uses are specifically prohibited:

§ 21-1301.1	Crematoriums. [Ord. No. 06-45; Ord. No. 08-03]
§ 21-1301.2	Airports, airstrips and heliports.
§ 21-1301.3	Any activity or use which shall cause an impairment of the reasonable use of property located in the same or any other zone as the result of noise, dust, vibration, smoke, odor, glare, flashing lights, radiation or effluent; and also any activity or use which has inherent characteristics which are toxic, noxious, injurious, offensive or hazardous to the health, comfort and safety of the public, or detrimental to the general welfare of the community.
§ 21-1301.3(a)	Any activity or use which shall cause an impairment of the reasonable use of pre-existing solar heating systems.
§ 21-1301.4	Dog kennels.
§ 21-1301.5	Fox breeding.
§ 21-1301.6	Garbage and trash disposal areas.
§ 21-1301.7	Junk yards including automobile wrecking and scrap yards.
§ 21-1301.8	Plants for the rendering of fats and oils.
§ 21-1301.9	Raising of mushrooms.
§ 21-1301.10	Raising of pigs.
§ 21-1301.11	Sand, gravel, clay and other mining, as well as other extractive processes, including the unnecessary stripping and removing of top soil.
§ 21-1301.12	Slaughter houses of either animals or fowl.
§ 21-1301.13	Tanning of hides.
§ 21-1301.14	Tourist camps or cabins.
§ 21-1301.15	Trailers or trailer camps, except, however, the Zoning Officer may issue a temporary permit for a period not to exceed six months for the use of a trailer as defined in Section 21-3 where the use of such trailer becomes necessary owing to an occurrence such as fire or flood, which renders the applicant's dwelling uninhabitable.
§ 21-1301.16	Truck terminals.
§ 21-1301.17	New and/or used car or truck lots or dealerships, including wholesale sales establishments.
§ 21-1301.18	Professional offices as accessory uses are prohibited.
§ 21-1301.19	Parking Garage/Deck.
§ 21-1301.20	Keeping/Raising Roosters. [Added by Ord. No. 2016-41]
§ 21-1301.21	Pawn Shops. [Added 2-9-2021 by Ord. No. 2021-05]
§ 21-1301.22	Cannabis Establishments. Cannabis Cultivators, Cannabis Delivery Services, Cannabis Distributors, Cannabis Manufacturers, Cannabis Retailers, and Cannabis Wholesalers, as said terms are defined in Chapter XXI, Zoning, Section 21-3, Definitions, and pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16). [Added 2-9-2021 by Ord. No. 2021-05; amended 6-10-2021 by Ord. No. 2021-14]
§ 21-1301.23	Second Kitchens in Single-Family Dwelling Units. [Added 12-14-2021 by Ord. No. 2021-41]

§ 21-1302 Accessory Uses.

[1972 Code §§ 21-1302 — 21-1302.6]

The following uses are permitted as accessory uses only:

§ 21-1302.1 Garbage and Trash Disposal Areas.

Garbage and Trash Disposal Area.

§ 21-1302.2 Helistops.

Helistops.

§ 21-1302.3 Above Ground Bulk Storage.

Outdoor, above ground bulk storage, including tanks or tank farms, of products or materials, whether or not for distribution. Such outdoor storage shall be screened by a fence, a wall, or plantings, and shall meet all required setbacks for the zone in which located.

§ 21-1302.4 Outdoor Display of Seasonal Products.

Outdoor display or storage of seasonal merchandise or products, so long as there is no encroachment into parking areas, aisles, fire lanes or other similar areas set aside pursuant to the approved site plan. Such outdoor display or storage shall be screened by a fence, a wall, or plantings, and shall meet all required setbacks for the zone in which located.

§ 21-1302.5 Truck Terminals.

Truck Terminals.

§ 21-1302.6 Construction Trailers.

Construction Trailers.

§ 21-14 NONCONFORMING USES.

§ 21-1401 Continuance of Nonconforming Uses.

[1972 Code § 21-1401]

Any use of any building, structure, lot or land lawfully in operation on the effective date of this chapter, which does not now comply with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied.

§ 21-1402 Extension.

[1972 Code § 21-1402]

A nonconforming use shall not be enlarged or extended.

§ 21-1403 Change.

[1972 Code § 21-1403]

A nonconforming use shall be changed only to a conforming use.

§ 21-1404 Abandonment of Nonconforming Use.

[1972 Code §§ 21-1404 – 21-1404.3; New]

A nonconforming use shall be deemed to have been abandoned:

§ 21-1404.1	When it is changed to a conforming use; or
§ 21-1404.2	When it is abandoned as provided in Section 21-3b.
§ 21-1404.3	A nonconforming use that has been abandoned as herein defined shall not thereafter be reinstated except by appropriate application to the Board of Adjustment in the manner provided by law.

§ 21-1405 Restoration.

[1972 Code § 21-1405; New]

Any nonconforming building or use which has been damaged by fire, explosion, flood, windstorm, or other acts of God shall be considered partially destroyed if the cost of restoration equals 1/2 or less than 1/2 of the estimated true valuation of the building as determined by the Tax Assessor. Such building or use may be rebuilt, restored, or repaired. If the damage is greater than above outlined, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity to the building and use requirements of this chapter.

§ 21-1406 Repairs and Alterations.

[1972 Code § 21-1406]

Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming use provided no structural alterations shall be made except as are required by law.

§ 21-15 ADMINISTRATION AND ENFORCEMENT.

§ 21-1501 Enforcement.

[1972 Code § 21-1501]

The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Township or by his designee. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer and his duly authorized assistant, and the designee of the Zoning Officer, to cause any building plans for premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter. The Zoning Officer or his designee shall have the right to enter any building or premises during the daytime in the course of his duties.

§ 21-1502 Certificates and Permits.

§ 21-1502.1 Zoning Permits.

[1972 Code § 21-1502.1]

Zoning permits shall hereafter be secured from the Zoning Officer's office prior to construction, erection or alteration of any structure or sign or part of a structure or change in the use of a structure or land.

Each application involving new construction shall be accompanied by a detailed site plan drawn to scale showing accurate property dimensions, tax map lot and block numbers, locations of accurately dimensioned existing structures or proposed structures with proposed front side and rear ties from foundation to property lines, all streets with right-of-way limits, defined, any proposed subdivision of the property affected, any watercourses, natural or otherwise, other natural boundaries, railroad rights-of-way, easements and any other information which may be pertinent in order to comply with the provisions of this chapter.

When deemed necessary by the Zoning Officer, a detailed statement shall also be included with the application fully describing the proposed use for which the application is made and which shall be considered a part thereof.

§ 21-1502.1-1 Building Permits.

[1972 Code § 21-1502.1]

After the issuance of a building permit pursuant to the requirements of the Uniform Construction Code of the State of New Jersey (N.J.A.C. 5:23-1 et seq.) and prior to the request for a framing inspection for residential use, a foundation location survey must be submitted, showing the ties from the actual foundation to the property lines plus the finished garage floor or slab on grade elevation. This survey must be consistent with any site plan or subdivision grading plan approved by Township Land Development Boards or the Engineering Division. These requirements shall also be applicable for business/commercial and industrial construction as requested by the Director of the Department of Community Development, Township Engineer or their designee.

§ 21-1502.2 Certificate of Occupancy.

[1972 Code § 21-1502.2]

It shall be unlawful to use or permit the use of or occupy any building or premises or part thereof hereafter created, located, erected, changed, altered, converted or enlarged wholly or partly until a certificate of occupancy has been issued for the premises in accordance with the requirements of the building code. The certificate shall certify that the structure or use complies with the provisions of this chapter. Such occupancy permits shall be granted or denied within 10 days from the date that a written application is filed with the Zoning Officer stating that the erection or alteration is completed.

Each application involving the completion of new construction shall be accompanied by a final as-built plot plan showing an accurate location of the building or addition concerned with existing front, side and rear ties from the foundation to the property lines and all other information as required in this chapter.

Neither a change of occupancy, excluding residential, or an alteration of a lot or plot inconsistent with the provisions of this chapter shall be made unless a new certificate of occupancy is obtained.

§ 21-1502.3 Temporary Occupancy Permits.

[1972 Code § 21-1502.4; Ord. No. 08-24 § 21-1502.3; amended 11-26-2019 by Ord. No. 19-29]

For limited periods of time, temporary occupancy permits may be permitted by the Construction Code Official provided such permit will in no way exert a detrimental effect upon the land and activities normally permitted. Upon issuance of a temporary occupancy permit, the property owner shall be required to comply with all municipal taxes and fees as would be applicable upon issuance of a certificate of occupancy pursuant to § 21-1502.2.

§ 21-1502.3-1 Qualifications for Issuance of Certificate of Occupancy Where Cash Bond Required for Improvements.

[1972 Code § 21-1502.4, 21-1502.4-1; Ord. No. 08-24 § 21-1502.4-1]

Any property owner who has complied with all municipal or State requirements for the issuance of a certificate of occupancy, other than the completion of on-site improvements, including but not limited to landscaping and/or the completion of a driveway, may qualify for a temporary certificate of occupancy not to exceed six months in duration upon posting of a cash bond in the amount of 120% of the estimated cost (as determined by appropriate municipal officials) of those improvements necessary to complete all on-site improvements. To the extent that the amount of the cash bond is less than $2,500, the cash bond may be held by the appropriate Code Enforcement Officials, who shall be required to supply a report to the Township Business Administrator on the first day of each and every month as to the aggregate funds held by him as cash bonds. To the extent that the amount of the cash bond exceeds $2,500, the Code Enforcement Official shall transmit the cash bond to the Director of Finance, for deposit to the Township trust account. The monthly report to be provided to the Business Administrator by the Code Enforcement Officials shall identify each property owner providing a cash bond, the amount of cash bond, and the specific form thereof, and shall further reflect each bond returned to the property owner upon the completion of all required improvements and each bond turned over to the Director of Finance for deposit to the Township trust accounts.

§ 21-1502.4 Temporary Use Permits.

[Ord. No. 08-24 § 21-1502.4; Ord. No. 2015-07]

It is recognized that it may be in accordance with the purposes of Township Ordinances to permit temporary activities for a limited period of time, which activities (i) constitute uses not permitted by the provisions of the Township Zoning Ordinance; or (ii) involves a property which has never received site plan approval or a property which is not compliant with a previously approved site plan; or (iii) involves a property which has a zoning violation or property maintenance violation and thereby cannot secure a zoning permit. If a case is of such a nature and the property involved is so located that at the time of the petition, it will:

a. In no way exert a substantial detrimental effect upon the uses of land and activities normally permitted in the zone; and

b. Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Zoning Board of Adjustment may, by resolution after written application therefor, subject to any conditions the Zoning Board deems appropriate, and subject to all regulations for the issuance of construction, sewer and other permits elsewhere specified, issue a temporary use permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months. Upon issuance of a temporary use permit, the property owner shall be required to comply with all municipal taxes and fees as would be applicable upon issuance of a certificate of occupancy pursuant to § 21-1502.2.

[Amended 11-26-2019 by Ord. No. 19-29]

§ 21-1502.5 Records.

[1972 Code § 21-1502.5; Ord. No. 08-24 § 21-1502.5]

The Zoning Officer shall keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Council and other officials of the Township of Piscataway.

§ 21-1502.6 Reports.

[1972 Code § 21-1502.6; Ord. No. 08-24 § 21-1502.6]

The Zoning Officer shall prepare a report to the Township Council at intervals of not greater than one month summarizing for the period since his preceding report all zoning permits and certificates issued by him and all complaints of violation and the action taken by him consequent thereon. A copy of each such report shall be filed with the Planning Board at the same time it is filed with the Township Council.

§ 21-1503 Fees.

[1972 Code § 21-1502.3; Ord. No. 08-24 § 21-1503]

Fees for permits and certificates of occupancy shall be governed by the Land Use Procedures Ordinance; Chapter 19A, sections 19A-6 and 19A-7, of the Revised General Ordinances of the Township of Piscataway.

§ 21-1504 Escrow Funds for Professional Services.

[1972 Code § 21-1503; Ord. No. 08-24 § 21-1504]

Provisions concerning the payment and deposit of escrow funds for professional services shall be governed by Chapter 19A, Land Use Procedures, Section 19A-8 of the Revised General Ordinances of the Township of Piscataway.

§ 21-1505 Interpretation.

[1972 Code § 21-1504; Ord. No. 08-24 § 21-1505]

In applying and interpreting the provisions of this chapter, all provisions shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, convenience and general welfare.

§ 21-16 AMENDMENTS.

[1972 Code § 21-16]

This chapter and all parts thereof, including schedules and the Zoning Map may be amended from time to time by the Township Council, and such amendments shall be considered a part of this chapter.

§ 21-17 VIOLATIONS AND PENALTIES.

[1972 Code § 21-17]

Any owner or agent and any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises where anything in violation of this chapter shall be placed or shall exist; and any architect, builder, contractor, agent or person employed in connection therewith and who may have assisted in the commission of any such violation shall each be guilty of a separate offense and subject to the provisions of this revision. Any violation shall be subject to the maximum penalty of the Municipal Court.

§ 21-18 VALIDITY OF CHAPTER.

[1972 Code § 21-18]

If any section, paragraph, subsection, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective.

§ 21-19 SEVERABILITY CLAUSE.

[Ord. No. 01-16 § 19]

The provisions of this Ordinance are deemed severable and in the event any section, subsection, sentence, clause or phrase herein shall be declared invalid or unconstitutional by a court of competent jurisdiction, said decision shall not affect the validity of the remaining sections, subsection, sentences, clauses or phrases of this Ordinance and said Ordinance shall remain in full force and effect.

§ 21-20 DEDICATION OF PROPERTY FOR SEWER AND/OR DRAINAGE AND WIDENING OF STREETS.

[1972 Code § 21-20]

No lot which conforms to the requirements of this chapter governing minimum lot width, depth or area shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of dedication to the Township, the County, or the State, of land for a street, avenue or road, sewer or drainage easement; provided, that the width, depth or lot area remaining is not less than 80% of the requirements of this chapter; and provided, further, that this section shall not apply where such dedication is made pursuant to the land subdivision ordinance in connection with the subdivision of lands into three or more lots or in connection with the dedication of a new street.

§ 21-21 AFFORDABLE HOUSING. [1]

[1] Editor's Note: Prior ordinance history: Ordinance No. 06-08, Ordinance No. 09-33.

§ 21-21.1 Municipal Fair Share Obligation.

[Ord. No. 2017-13]

The Township of Piscataway has a fair share obligation consisting of a prior round obligation of 736 units, a present need of 314 units and a third round housing obligation of 975 units.

§ 21-21.2 Definitions.

[Ord. No. 2017-13]

The following terms when used in this section shall have the meanings given in this section:

ACT

Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

Means the entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC (N.J.A.C. 5:80-26).

AFFIRMATIVE MARKETING

Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

Means the average percentage of median income at which new restricted units in an affordable housing development are affordable to low-and moderate-income households.

AFFORDABLE

Means a sales price or rent level that is within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9 and in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

Means a housing development of which all or a portion consists of housing affordable to low- and moderate-income households.

AFFORDABLE HOUSING DEVELOPMENT

Means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.

AFFORDABLE HOUSING PROGRAM(S)

Means any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

Means a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

Means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person that is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

ASSISTED LIVING RESIDENCE

Means a facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

Means a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

Means the Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.).

DCA

Means the State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

Means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

DEVELOPER

Means any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use 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 N.J.S.A. 40:55D-1, et seq.

INCLUSIONARY DEVELOPMENT

Means a development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a non-residential structure to residential use and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

Means a household with a total gross annual household income equal to 50% or less of the median household income for the applicable housing region.

LOW-INCOME UNIT

Means a restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.

MARKET-RATE UNITS

Means housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

Means the median income by household size for the applicable housing region, as adopted annually by COAH.

MODERATE-INCOME HOUSEHOLD

Means a household with a total gross annual household income in excess of 50% but less than 80% of the median household income for the applicable housing region.

MODERATE-INCOME UNIT

Means a restricted unit that is affordable to a moderate-income household.

NON-EXEMPT SALE

Means any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.

PRESENT NEED

Means an estimate of low- and moderate-income households living in substandard housing as calculated through the use of census surrogates.

PRIOR ROUND HOUSING OBLIGATION

Is the 1987-1999 fair share based on N.J.A.C. 5:93-1.

RANDOM SELECTION PROCESS

Means a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

Means the maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by COAH's adopted Regional Income Limits published annually by COAH.

REHABILITATION

Means the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

Means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

Means a dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONT.

SUPERIOR COURT

Means the Superior Court of New Jersey.

THIRD ROUND HOUSING OBLIGATION

Means the 1999 — 2025 housing obligation as determined by the Superior Court.

TOWNSHIP

Means the Township of Piscataway.

TOWNSHIP COUNCIL

Means the Township Council of the Township of Piscataway.

UHAC

Means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26, et seq.

VERY LOW-INCOME HOUSEHOLD

Means a household with a total gross annual household income equal to 30% or less of the median household income for the applicable housing region.

VERY LOW-INCOME UNIT

Means a restricted unit that is affordable to a very low-income household.

VETERAN'S PREFERENCE

Means a preference for low- and moderate-income housing that is permitted by law for people that have served in the military.

WEATHERIZATION

Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of the rehabilitation program.

§ 21-21.3 Affordable Housing Programs.

[Ord. No. 2017-13]

a. Piscataway has determined that the following programs will be used to satisfy its affordable housing obligations:

1. A rehabilitation program.

2. The extension of controls on affordability.

3. Inclusionary Zoning.

b. The following general guidelines apply to all developments that contain low- and moderate-income housing units, including any currently unanticipated future developments (including developments funded by low income tax credits) that will provide low- and moderate-income housing units.

§ 21-21.4 Rehabilitation.

[Ord. No. 2017-13]

a. Piscataway's rehabilitation program shall be designed to renovate deficient housing units occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28. The rehabilitation program shall include an owner occupancy rehabilitation program and a renter occupancy rehabilitation program.

b. Piscataway shall designate an Administrative Agent for its entire rehabilitation program.

c. Both owner occupied and renter occupied units shall be eligible for rehabilitation funds.

d. All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 10 years (the control period). For owner occupied units, the control period shall be enforced with a lien, and, for renter occupied units, the control period shall be enforced with a deed restriction.

e. Piscataway shall dedicate a minimum of $10,000 to the hard costs of rehabilitating each housing unit. In addition, the Township will fund the administration of the program based on a contract with the Administrative Agent.

f. The Township of Piscataway shall adopt a resolution committing to fund any shortfall in the rehabilitation program.

g. The Administrative Agent shall provide a rehabilitation manual for the owner occupied units and a rehabilitation manual for the rental units that shall be adopted by resolution of the Township. Both manuals shall be continuously available for public inspection in the Office of the Township Clerk and in the office of the Administrative Agent.

h. Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9 and UHAC, but shall be administered in accordance with the following:

1. Upon the initial rental of a vacant unit subsequent to rehabilitation, or if a renter-occupied unit is re-rented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and to be affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.

2. If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rent shall be the lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.

3. Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.

4. Applicant and/or tenant households shall be certified as income eligible in accordance with N.J.A.C. 5:97-9 and the UHAC regulations, except that households in owner-occupied units shall be exempt from the regional asset limit.

§ 21-21.5 Extension of Controls.

[Ord. No. 2017-13]

a. The Township will monitor its existing low- and moderate-income units to determine the date upon which controls on affordability will expire.

b. When the controls on affordability are due to expire prior to December 31, 2025, the Township will offer incentives for the owners to voluntarily extend controls on affordability for another 30 years. Controls will be extended through use of a deed restriction consistent with UHAC.

c. Such incentives shall include a:

1. Payment of the costs associated with bringing the affordable unit up to code; and

2. Continuation of reduced tax assessment based on the assessment as a low- or moderate-income housing unit.

§ 21-21.6 Phasing Schedule for Inclusionary Zoning.

[Ord. No. 2017-13]

In inclusionary developments or redevelopments, the following schedule shall be followed:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25+1	10
50	50
75	75
90	100

§ 21-21.7 New Construction.

[Ord. No. 2017-13]

a. Low/Moderate Split and Bedroom Distribution of Affordable Housing Units.

1. The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted rental units shall be very low-income units (affordable to a household earning 30% or less of median income). The very low income units shall be counted as part of the required number of low-income units within the development.

2. In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

3. Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

(a) The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

(b) At least 30% of all low- and moderate-income units shall be two-bedroom units;

(c) At least 20% of all low- and moderate-income units shall be three-bedroom units; and

(d) The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

4. Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

b. Accessibility Requirements.

1. The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14.

2. All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

(a) An adaptable toilet and bathing facility on the first floor;

(b) An adaptable kitchen on the first floor;

(c) An interior accessible route of travel on the first floor;

(d) An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor;

(e) An interior accessible route of travel between stories within an individual unit, except that if all of the terms of paragraphs b2(a) through (d) above have been satisfied, an interior accessible route of travel shall not be required between stories within an individual unit; and

(f) An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

(1) Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

(2) To this end, each builder of income-restricted units shall deposit funds with the Township's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

(3) The funds deposited under paragraph (f)(2) above shall be used by the Township for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

(4) The developer of the restricted units shall submit a design plan and cost estimate for the conversion of adaptable to accessible entrances to the Construction Official of the Township.

(5) Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township's Affordable Housing Trust Fund in care of the Township Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.

c. Design.

1. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

2. In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.

d. Maximum Rents and Sales Prices.

1. In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by COAH.

2. The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.

3. The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very low-income households.

4. The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, bedroom type. Low-income ownership units must be available for at least two different sales prices for each bedroom type.

5. In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:

(a) A studio shall be affordable to a one-person household;

(b) A one-bedroom unit shall be affordable to a one and one-half person household;

(c) A two-bedroom unit shall be affordable to a three-person household;

(d) A three-bedroom unit shall be affordable to a four and one-half person household; and

(e) A four-bedroom unit shall be affordable to a six-person household.

6. The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

7. The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

8. The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.

9. The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

§ 21-21.8 Utilities.

[Ord. No. 2017-13]

a. Affordable units shall utilize the same type of heating source as market units within an inclusionary development.

b. Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

§ 21-21.9 Occupancy Standards.

[Ord. No. 2017-13]

In referring certified households to specific restricted units, the Administrative Agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:

a. Provide an occupant for each bedroom;

b. Provide children of different sexes with separate bedrooms; and

c. Provide separate bedrooms for parents and children; and

d. Prevent more than two persons from occupying a single bedroom.

§ 21-21.10 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.

[Ord. No. 2017-13]

a. Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until the Township takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.

b. The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

c. Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.

d. At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

e. The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

f. A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

§ 21-21.11 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.

[Ord. No. 2017-13]

a. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

1. The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

2. The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

3. The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.

4. The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See subsection 21-21.13.

§ 21-21.12 Buyer Income Eligibility.

[Ord. No. 2017-13]

a. Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

b. A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to a certified household for a period not to exceed one year.

c. The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.

§ 21-21.13 Limitations on Indebtedness Secured by Ownership Unit; Subordination.

[Ord. No. 2017-13]

a. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.

b. With the exception of a first purchase money mortgage, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).

§ 21-21.14 Capital Improvements to Ownership Units.

[Ord. No. 2017-13]

a. The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.

b. Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit, and not included in the base price, may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.

§ 21-21.15 Control Periods for Restricted Rental Units.

[Ord. No. 2017-13]

a. Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until the Township takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.

b. Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be recorded by the developer or seller with the records office of the County of Middlesex. A copy of the filed, recorded document shall be provided to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.

c. A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:

1. Sublease or assignment of the lease of the unit;

2. Sale or other voluntary transfer of the ownership of the unit; or

3. The entry and enforcement of any judgment of foreclosure on the property containing the unit.

§ 21-21.16 Rent Restrictions for Rental Units; Leases.

[Ord. No. 2017-13]

a. A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.

b. No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.

c. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

§ 21-21.17 Tenant Income Eligibility.

[Ord. No. 2017-13]

a. Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

1. Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

2. Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

3. Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

b. The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

1. The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

2. The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its continuing ability to pay;

3. The household is currently in substandard or overcrowded living conditions;

4. The household documents the existence of assets with which the household proposes to supplement the rent payments; or

5. The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

c. The applicant shall file documentation sufficient to establish the existence of the circumstances in paragraphs a1 through b5 above with the Administrative Agent, who shall counsel the household on budgeting.

§ 21-21.18 Municipal Housing Liaison.

[Ord. No. 2017-13]

a. State regulations require the Township to appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted Administrative Agent. Piscataway shall adopt an ordinance creating the position of Municipal Housing Liaison; and shall adopt a resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the Governing Body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the Superior Court unless such approval is delegated by the Court to COAH and shall be duly qualified before assuming the duties of Municipal Housing Liaison.

b. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Piscataway, including the following responsibilities which may not be contracted out to the Administrative Agent:

1. Serving as Piscataway's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;

2. Monitoring the status of all restricted units in Piscataway's Fair Share Plan;

3. Compiling, verifying and submitting annual monitoring reports as required by COAH;

4. Coordinating meetings with affordable housing providers and Administrative Agents, as needed; and

5. Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by COAH.

c. Subject to the approval of the Superior Court, the Township shall designate one or more Administrative Agent(s) to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC. An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the Township Council and subject to approval of the Superior Court or its designee. The Operating Manuals shall be available for public inspection in the Office of the Township Clerk and in the office(s) of the Administrative Agent(s). The Municipal Housing Liaison shall supervise the contracting Administrative Agent(s).

§ 21-21.19 Administrative Agent.

[Ord. No. 2017-13]

a. The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:

1. Affirmative Marketing:

(a) Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Township and the provisions of N.J.A.C. 5:80-26.15; and

(b) Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

2. Household Certification:

(a) Soliciting, scheduling, conducting and following up on interviews with interested households;

(b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

(c) Providing written notification to each applicant as to the determination of eligibility or non-eligibility;

(d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;

(e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and

(f) Employing a random selection process as provided in the Affirmative Marketing Plan of the Township when referring households for certification to affordable units.

3. Affordability Controls:

(a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;

(b) Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

(c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Middlesex County Clerk's office after the termination of the affordability controls for each restricted unit;

(d) Communicating with lenders regarding foreclosures; and

(e) Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

4. Resales and Re-Rentals:

(a) Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental; and

(b) Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.

5. Processing Requests from Unit Owners:

(a) Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;

(b) Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems;

(c) Notifying the municipality of an owner's intent to sell a restricted unit; and

(d) Making determinations on requests by owners of restricted units for hardship waivers.

6. Enforcement:

(a) Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;

(b) Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;

(c) The posting annually in all rental properties, including legal two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent or other charges can be made;

(d) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

(e) Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund or other appropriate municipal fund approved by the DCA; and

(f) Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering the affordability controls.

7. Additional Responsibilities:

(a) The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.

(b) The Administrative Agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time for their submission by the Municipal Housing Liaison to COAH, as required by COAH.

(c) The Administrative Agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH.

§ 21-21.20 Affirmative Marketing Requirements.

[Ord. No. 2017-13]

a. The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court, that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

b. The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs marketing activities toward COAH Housing Region 3 and is required to be followed throughout the period of restriction.

c. The Administrative Agents shall provide notice to the following organizations as affordable housing becomes available: Fair Share Housing Center: the New Brunswick, Plainfield Area, Perth Amboy and Metuchen/Edison branches of the NAACP; and the Latino Network.

d. The Affirmative Marketing Plan shall provide a preference for Veteran's of military service as permitted by law. It shall also provide regional preference for all households that live and/or work in COAH Housing Region 3, comprised of Middlesex, Somerset and Hunterdon Counties.

e. The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the Township of Piscataway shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.

f. In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

g. The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the Administrative Agent shall consider the use of language translations where appropriate.

h. The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

i. Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Applications shall be mailed to prospective applicants upon request.

j. The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.

§ 21-21.21 Enforcement of Affordable Housing Regulations.

[Ord. No. 2017-13]

a. Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the Township shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

b. After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

1. The Township may file a court action in Superior Court pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Superior Court:

(a) A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;

(b) In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Piscataway Affordable Housing Trust Fund of the gross amount of rent illegally collected;

(c) In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Superior Court.

2. The Township may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.

(a) The judgment shall be enforceable, at the option of the Township, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.

(b) The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the Township for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the Township in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the Township for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Township, whether such balance shall be paid to the owner or forfeited to the municipality.

(c) Foreclosure by the Township due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

(d) If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the Township may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

(e) Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

(f) The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

§ 21-21.22 Reporting.

[Ord. No. 2017-13]

a. On the first anniversary of the entry of the Order granting Piscataway a Final Judgment of Compliance and Repose in IMO Application of the Township of Piscataway, Docket No.: MID-L-3929-15, and every anniversary thereafter through the end of the Repose period, the Township shall provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.

b. On the first anniversary of the entry of the Order granting Piscataway a Final Judgment of Compliance and Repose in IMO Application of the Township of Piscataway, Docket No.: MID-L-3929-15, and every anniversary thereafter through the end of the Repose period, the Township shall provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website, with copies provided to Fair Share Housing Center, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Court-appointed Special Master and Fair Share Housing Center.

c. For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township shall post on its municipal website, with copies provided to Fair Share Housing Center, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with copies provided to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced. Any interested party may by motion request a hearing before the Court regarding these issues.

d. For the review of very low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the Order granting Piscataway a Final Judgment of Compliance and Repose in IMO Application of the Township of Piscataway, Docket No.: MID-L-3929-15, and every third year thereafter, the Township will post on its municipal website, with copies provided to Fair Share Housing Center, a status report as to its satisfaction of its very low-income requirements, including the family very low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the municipality, with copies provided to Fair Share Housing Center, on the issue of whether the municipality has complied with its very low-income housing obligation.

e. The Township of Piscataway shall also file monitoring reports as directed by the Superior Court in accordance with N.J.A.C. 5:96 et seq. regarding the status of the implementation of the Housing Element and Fair Share Plan. Any report filed by the Township with COAH and any report prepared by COAH in response shall also be filed with the Middlesex County Superior Court and shall be available to the public at the Piscataway Township Hall, Township Clerk's Office, 455 Hoes Lane, Piscataway, New Jersey, 08854, and at the COAH offices at P.O. Box 813, 101 South Broad Street, Trenton, New Jersey 08625-0813.

§ 21-21.23 Appeals.

[Ord. No. 2017-13]

Appeals from all decisions of an Administrative Agent appointed pursuant to this section shall be filed in writing with the Superior Court unless the Superior Court delegates this responsibility.

§ 21-21A MUNICIPAL HOUSING LIAISON.

§ 21-21A.1 Purpose.

[Ord. No. 06-23 § 21-21A.1]

The purpose of this section is to create the administrative mechanisms needed for the execution of the Township of Piscataway's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

§ 21-21A.2 Definitions.

As used in this section:

ADMINISTRATIVE AGENT

Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

MUNICIPAL HOUSING LIAISON

Shall mean the employee charged by the Township Council with the responsibility for oversight and administration of the affordable housing program for the Township.

§ 21-21A.3 Establishment of Position of Municipal Housing Liaison.

[Ord. No. 06-23 § 21-21A.3]

There is hereby established the position of Municipal Housing Liaison for the Township.

§ 21-21A.4 Appointment.

[Ord. No. 06-23 § 21-21A.4]

Subject to the approval the Council on Affordable Housing (COAH) or its successor, the Municipal Housing Liaison shall be appointed by the Township Council and may be a full or part-time municipal employee.

§ 21-21A.5 Duties and Responsibilities.

[Ord. No. 06-23 § 21-21A.5]

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township, including the following responsibilities which may not be contracted out:

a. Serving as the Township's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;

b. Monitoring the status of all restricted units in the Township's Fair Share Plan;

c. Compiling, verifying, and submitting annual reporting as required by COAH;

d. Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;

e. Attending continuing education programs as may be required by COAH;

f. If applicable, serving as the Administrative Agent for some or all of the restricted units in the Township as described in 21-21A.8.

§ 21-21A.6 Supervision of Contracted Agent.

[Ord. No. 06-23 § 21-21A.6]

Subject to approval by COAH or its successor, the Township may contract with or authorize a consultant, authority, government or any agency charged by the Township Council, which entity shall have the responsibility of administering the affordable housing program of the Township. If the Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marking plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.

§ 21-21A.7 Compensation.

[Ord. No. 06-23 § 21-21A.7]

Compensation may be fixed by the Township Council at the time of the appointment of the Municipal Housing Liaison.

§ 21-21A.8 Administrative Powers and Duties Assigned to the Municipal Housing Liaison.

[Ord. No. 06-23 § 21-21A.8]

a. Affirmative Marketing.

1. Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Township and the provisions of N.J.A.C. 5:80-26.15.

b. Household Certification.

1. Soliciting, scheduling, conducting and following up on interviews with interested households;

2. Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for affordable housing;

3. Providing written notification to each applicant as to the determination of eligibility or noneligibility;

4. Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;

5. Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and

6. Employing the random selection process as provided in the affirmative marketing plan of the township when referring households for certification to affordable units.

c. Affordability Controls.

1. Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;

2. Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

3. Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate County's register of deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;

4. Communicating with lenders regarding foreclosures; and

5. Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

d. Resale and Rental.

1. Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and

2. Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

e. Communicating with Unit Owners.

1. Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;

2. Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and

3. Processing requests and making determinations on requests by owners of restricted units for hardship waivers.

f. Enforcement.

1. Ensure that all restricted units are identified as affordable within the tax assessor's office and any municipal utility authority (MUA) and upon notification to the Administrative Agent of change in billing address, payment delinquency of two consecutive billing cycles, transfer of title, or institution of a writ of foreclosure on all affordable units, notifying all such owners that they must either move back to their unit or sell it;

2. Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;

3. The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made;

4. Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

5. Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;

6. Establishing a rent-to-equity program;

7. Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and

8. Providing annual reports to COAH as required.

g. The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

§ 21-21A.9 Severability.

[Ord. No. 06-23 § 21-21A.9]

If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this Ordinance, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.

§ 21-21A.10 Inconsistent Ordinances Repealed.

[Ord. No. 06-23 § 21-21A.10]

All ordinances or parts of ordinances which are inconsistent with the provisions of this Ordinance are hereby repealed, but only to the extent of such inconsistencies.

§ 21-22 (RESERVED)

§ 21-23 COLLECTION, MAINTENANCE AND EXPENDITURE OF DEVELOPMENT FEES.

[Prior ordinance history: Ord. No. 05-34, Ord. No. 06-20, Ord. No. 09-22]

§ 21-23.1 Purpose.

[Ord. No. 2017-23]

a. In Holmdel Builder's Association V. Holmdel Township. 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

b. Pursuant to P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D — 8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of a court of competent jurisdiction and have an approved spending plan may retain fees collected from non-residential development.

c. Pursuant to the March 10, 2015 Supreme Court Order, the Court transferred all functions, powers, and duties to the Courts. Any and all references to COAH shall mean the Courts.

d. This ordinance establishes standards for the collection, maintenance, and expenditure of development fees pursuant to the Court's regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This Ordinance shall be interpreted within the framework of COAH's last adopted rules on development fees, codified at N.J.A.C. 5:97-8, as same may be interpreted and applied by the Court.

§ 21-23.2 Basic Requirements.

[Ord. No. 2017-23]

a. This section shall not become effective until approved by the Court pursuant to N.J.A.C. 5:96-5.1.

b. The Township of Piscataway shall not spend development fees until the Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

§ 21-23.3 Definitions.

[Ord. No. 2017-23]

a. The following terms, as used in this section, shall have the following meanings:

1. AFFORDABLE HOUSING DEVELOPMENT — Means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

2. COAH or the COUNCIL — Means the New Jersey Council on Affordable Housing established under the Fair Housing Act which previously had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State. Pursuant to the opinion and order of the New Jersey Supreme Court dated March 10, 2015, in the matter of In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, any reference to COAH or the Council shall be understood to refer to the Superior Court of New Jersey, Law Division-Middlesex County.

3. DEVELOPMENT FEE — Means money paid by a developer for the improvement of property as permitted in Holmdel Builders.

4. DEVELOPER — Means 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.

5. EQUALIZED ASSESSED VALUE — Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated; as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a through C. 54:1-35c).

6. GREEN BUILDING STRATEGIES — Means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

§ 21-23.4 Residential Development Fees.

[Ord. No. 2017-23]

a. Imposed Fees.

1. Within all the Township zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.

2. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a density variance) has been approved, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include a set-aside of affordable housing units. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

b. Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

1. Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

2. Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The applicable development fee percentage shall be vested on the date that the building permit is issued.

3. Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

4. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

5. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, which requires the issuance of a Certificate of Occupancy (for example, when a single-family home is converted to a two-family home or a single-family home is converted to an apartment building). The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

6. Development fees shall be imposed and collected when a Certificate of Occupancy is issued for a new residential unit on a newly created lot that is the result of a subdivision. The development fee shall be calculated on the equalized assessed value of the land and improvements.

7. Additions to existing homes and improvements such as decks, patios and like shall be exempt from the payment of a development fee.

§ 21-23.5 Non-Residential Development Fees.

[Ord. No. 2017-23]

a. Imposed Fees.

1. Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

2. Non-residential developers, except for developers of the types of development specifically exempted herein, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

3. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvements and the equalized assessed value of the newly improved structure, i.e. land and improvements, at the time the final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.

b. Eligible exactions, ineligible exactions and exemptions for non-residential development.

1. The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.

2. The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing building footprint, reconstruction, renovations and repairs.

3. Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

4. A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L. 2008, c. 46 shall be subject to the development fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy for the non-residential development, whichever is later.

5. If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of Piscataway as a lien against the real property of the owner.

§ 21-23.6 Collection Procedures.

[Ord. No. 2017-23]

a. Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.

b. For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

c. The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

d. Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

e. The Construction Official responsible for the issuance of a final certificate of occupancy shall notify the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

f. Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

g. Should the Township of Piscataway fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L. 2008, c. 46 (C. 40:55D-8.6).

h. 50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

i. Appeal of Development Fees.

1. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Township of Piscataway. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq. within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

2. A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Township of Piscataway. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

§ 21-23.7 Affordable Housing Trust Fund.

[Ord. No. 2017-23]

a. There is hereby created a separate, interest-bearing housing trust fund to be maintained by the chief financial officer of the Township for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

b. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

1. Payments in lieu of on-site construction of affordable units;

2. Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

3. Rental income from municipally operated units;

4. Repayments from affordable housing program loans;

5. Recapture funds;

6. Proceeds from the sale of affordable units; and

7. Any other funds collected in connection with the Township of Piscataway's affordable housing program.

c. All interest accrued in the housing trust fund shall only be used to fund eligible affordable housing activities approved by the Court.

§ 21-23.8 Use of Funds.

[Ord. No. 2017-23; Ord. No. 2017-37]

a. The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the housing trust fund may be used for any activity approved by the Court to address the Township of Piscataway's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing non-residential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.

b. Funds shall not be expended to reimburse the Township of Piscataway for past affordable housing activities.

c. At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

1. Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.

2. Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

3. Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

d. The Township of Piscataway may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

e. No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the Court's monitoring requirements. Legal or other fees related to litigation in connection with the Court's approval of the Township's Housing Element and Fair Share Plan or any appeal thereof are not eligible uses of the affordable housing trust fund.

§ 21-23.9 Monitoring.

[Ord. No. 2017-23]

a. The Township of Piscataway shall complete and return to the New Jersey Department of Community Affairs (NJDCA), Local Government Services, all monitoring forms required in connection with the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township of Piscataway's housing program, as well as in connection with the expenditure of revenues and implementation of the plan approved by the Court.

b. All monitoring reports shall be completed on forms designed by the NJDCA for that purpose.

§ 21-23.10 Ongoing Collection of Fees.

[Ord. No. 2017-23]

a. The ability for the Township of Piscataway to impose, collect and expend development fees shall expire with the end of the repose period covered by its judgment of compliance unless the Township of Piscataway has filed an adopted Housing Element and Fair Share Plan with the Court or with a designated administrative entity of the State of New Jersey, has petitioned for a judgment of compliance or substantive certification, and has received approval of its development fee ordinance by the entity that will be reviewing the Housing Element and Fair Share Plan.

b. If the Township of Piscataway fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222 (C. 52:27D-320). The Township of Piscataway shall not impose a development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall the Township of Piscataway retroactively impose a development fee on such a development. The Township of Piscataway shall not expend any development fees after the expiration of its judgment of compliance.

§ 21-24 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE AH-1, AFFORDABLE HOUSING 1 ZONE.

§ 21-24.1 Permitted Uses.

[Ord. No. 06-09 § 21-24.1]

a. Principal Uses:

1. Multifamily residential apartments.

b. Accessory Buildings and Uses:

1. Swimming pool and tennis courts, but no public swim or tennis clubs.

2. Signs subject to the conditions of Section 21-12.

3. Fences subject to the provisions of Section 21-619.

4. Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

§ 21-24.2 Development Standards.

[Ord. No. 06-09 § 21-24.2]

a. The maximum gross density shall be 15 units per acre. 20% of the total units shall be sale or rental affordable housing in accordance with regulations adopted by the Council On Affordable Housing. 50% of the affordable units shall be affordable to eligible low income households, and 50% of the affordable units shall be affordable to eligible moderate-income households. The bedroom mix and other applicable standards relating to the affordable housing shall be as set forth in the regulations adopted by the Council on Affordable Housing.

b. The minimum setbacks shall be:

1. From building to public right of way: 50 feet.

2. From building to other property lines: 30 feet.

3. From building to building: 25 feet.

4. From building to internal drive: 10 feet.

5. From building to parking lot: 10 feet.

6. From parking lot to public right-of-way: 40 feet.

7. From parking lot to other property lines: 10 feet.

c. Maximum building height: 55 ft. and four stories.

d. Maximum units per building: 32.

e. Each principal building shall:

1. Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual antennas from being erected on the roof. Not more than one common antenna may be used for each building.

2. Provide not less than 700 cubic feet of storage for each apartment unit, exclusive of closets except those units reserved for low- and moderate-income units shall have not less than 350 cubic feet of storage.

3. Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and dryer for each 10 dwelling units for the exclusive use of the occupants of the development unless provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.

4. Provide a recreation area to serve the needs of the development.

5. There shall be a trash area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash shall be stored in this area and shall not be in public view over the fence height. All similar accessory appurtenances shall be similarly enclosed.

f. Accessory Buildings and Uses.

1. Accessory buildings shall conform to at least the height and front setback requirements of the principal building. The side and rear yard setbacks shall be 10 feet.

2. Swimming pools less than four feet in height shall be enclosed by a permanent fence not less than four feet in height with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 250 square feet or over.

3. No truck or commercial vehicle, licensed for over 8,000 lbs. gross weight shall be stored or parked on any lot or portion of a lot.

4. Accessory building attached to a principal building shall comply with the setbacks of the principal building.

g. Parking. Off-street parking is subject to the requirements of the New Jersey Residential Site Improvements Standards (New Jersey Administrative Code - Title 5, Chapter 21).

h. Landscaping. Extensive landscaping shall be provided in accordance with the applicable standards as set forth in Chapter 24, Site Plan Review.

§ 21-25 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE AR-1, AGE RESTRICTED 1 ZONE.

§ 21-25.1 Development Standards and Requirements in the AR-1, Age Restricted 1 Zone.

[Ord. No. 06-09 § 21-25.1]

a. Principal Uses.

1. Single Family Detached Dwellings and Single Family Attached Dwellings for senior citizens and active adults. In connection with this section, 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.

b. Residency Requirements.

1. All dwelling units within an age-restricted housing development 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 and the wording of the required deed restriction shall be submitted to the Planning Board for review and approval by both the Planning Board and the Township Council as part of the application recited in the Master Deed and the Homeowners' Association by-laws which also shall be reviewed and approved by the Planning Board and the Township Council as part of the application for final subdivision approval and/or final site plan approval.

2. One adult under 55 years of age (other than a spouse) may be admitted as a permanent resident per dwelling unit if it is established and approved by the Homeowners' Association that the presence of such person is essential to the physical care of one or more of the adult occupants of that dwelling unit. If more than one adult under 55 years of age is necessary to care for the adult occupant, approval shall be required from the Homeowner's Association and a copy of its decision shall be filed with the Township Clerk.

c. Accessory Buildings and Uses.

1. Clubhouses, swimming pool, tennis court, fitness or other recreational facilities for owners, tenants and their guests, but not open to the general public.

2. Signs subject to the conditions of Section 21-12,

3. Fences subject to the provisions of Section 21-619.

4. Other customary accessory uses and structures which are clearly incidental to the principal structures and use.

d. Site Plan Requirements. In addition to any subdivision plats required to create individual lots within the age restricted community, a site plan approval shall be required. This plan will indicate the location of all improvements on all common areas such as landscaping, recreational facilities, patios, decks, sheds, privacy fences, lighting, etc. The Homeowners Association and all individual homeowners shall be bound by this site plan approval to assure there remains adequate light, air and open space between all uses within the development.

§ 21-25.2 Development Standards.

[Ord. No. 06-09§ 21-25.2]

Development within the AR-1, Age Restricted 1 Zone shall comply with the following standards and requirements:

		Single Family Detached	Single Family Attached
a.	Minimum Lot Area	5,500 square feet	3,800 square feet
b.	Minimum Lot Width (Measured at Front Setback Line)	50 feet	38 feet
c.	Minimum Lot Depth	100 feet	100 feet
d.	Minimum Front Yard Setback	25 feet	25 feet
e.	Minimum Rear Yard Setback
	Principal Building	20 feet	20 feet
	Accessory Structure (Patio, Deck)	8 feet	8 feet
f.	Minimum Side Yard
	Principal Building	8 feet both sides	8 feet one side
	Accessory structure (Patio, Deck)	8 feet both sides	8 feet one side
g.	Maximum Lot Coverage	60 percent	70 percent
h.	Maximum Building Height	2-1/2 stories, 35 feet	2-1/2 stories 35 feet
i.	No truck or commercial vehicles, licensed for over eight thousand (8,000) lbs. gross weight shall be stored or parked on any lot or portion of a lot.
j.	All improvements shall comply with the standards and specifications as set forth in the Chapter 20, Land Subdivision and Chapter 24, Site Plan Review.
k.	All improvements shall comply with the standards and specifications as set forth in the Chapter 20, Land Subdivision and Chapter 24, Site Plan Review.
l.	Provisions for affordable housing shall be provided in accordance with applicable ordinances of the Township of Piscataway.

§ 21-26 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE TV, TRANSIT VILLAGE ZONE.

§ 21-26.1 Development Objectives.

[Ord. No. 06-09 § 21-26.1]

It is intended that development within the TV, Transit Village Zone District shall consist of the harmonious grouping of buildings and land uses to implement the Transit Village Zone planning objectives encouraged in the State Development and Redevelopment Plan implemented by the New Jersey State Planning Commission. The intent of the TV, Transit Village Zone is as follows:

a. Permit a mix of nonresidential, residential, recreation and civic uses in an integrated and well planned setting.

b. Encourage attractive and integrated architectural styles and themes for buildings and structures as pertains to scale, details, massing and ornamentation.

c. Encourage and promote the use of public transportation.

d. Encourage recreational and a variety of civic uses for the benefit of the Township.

§ 21-26.2 Permitted Uses.

[Ord. No. 06-09 § 29-26.2]

a. Principal Uses Permitted.

1. Residential Uses, Including:

(a) Multi-family apartments.

(b) Multi-family condominiums.

(c) Townhouse attached dwellings.

(d) A mixture of types of dwelling units, including, but not necessarily limited to apartments, condominiums and townhouses.

(e) Residential dwelling units may be located within the same buildings as other permitted uses.

2. Civic Uses:

(a) Churches, places of worship.

(b) Golf course and clubhouse.

(c) Municipal buildings, including but not limited to, post office, community center, fire and police station, library.

(d) Child care centers.

(e) Educational Institutions including public and private schools.

(f) Parks and recreation facilities, including but not limited to tennis, basketball, football, soccer, hockey, and ice skating.

(g) Libraries.

(h) Police, fire and rescue squad facilities.

3. Commercial Uses:

(a) Retail and service uses, including:

(1) Retail stores and shops.

(2) Financial establishments.

(3) Restaurants and taverns, including sidewalk cafes, drive-in restaurants.

(4) Arts and crafts studios and shops.

(5) Personal service stores, but excluding funeral homes.

(6) Other similar retail and service uses, such as nail salons.

(7) Convenience stores and fast food restaurants.

(8) Business services, including copy centers.

(b) Offices uses, including:

(1) Professional services.

(2) Medical offices.

(3) General offices.

(4) Research facilities.

(5) Telecommunication offices.

(c) Other commercial uses, which serve a civic purpose, including:

(1) Civic center.

(2) Post office.

(3) Printing shop.

(4) Sports and fitness centers.

(5) Theaters.

b. Customary Accessory Uses Permitted.

1. Kiosks, street vending carts, sidewalk cafes.

2. Walls and fences.

3. Swimming pools.

4. Temporary construction trailers, sales offices.

5. Utilities and related facilities.

6. Parking areas and multi-level garages (not to exceed three (3) levels).

7. Flag poles, clock towers and statuary.

8. Accessory residential uses as defined in the applicable sections of Chapter 21, Zoning.

§ 21-26.3 Density, Area Bulk and Dimensional Regulations.

[Ord. No. 06-09 § 21-26.3; Ord. No. 2016-41]

a. Minimum Tract Area: 30 acres.

b. Maximum Residential Density = 10 units per acre.

c. Maximum Floor Area Ratio for nonresidential uses: 0.1.

d. Parking Requirements.

1. Residential Uses. Per requirements of the New Jersey Residential Site Improvement Standards.

2. Office, Retail Uses. One (1) space per three hundred (300) square feet of gross floor area.

3. Other Permitted Uses: Per requirements of Chapter 24, Site Plan Review of the Revised General Ordinances of the Township of Piscataway.

e. Building Setback Requirements.

All principal and accessory buildings and uses shall be set back a minimum of twenty-five (25) feet from all front, side and rear yards.

f. Open Space.

1. Minimum Open Space: 35 percent of tract.

2. Maximum Impervious Coverage: 65 percent of tract.

g. Maximum Building Height: 4 stories and 55 feet.

h. "Transportation Hub" Required. The development shall include provision(s) for a transportation hub to include bus shelters, cab stops, bicycle racks and any other features to encourage the use of public transportation, especially to provide for easy access to the commuter rail station to the south.

i. Provisions for affordable housing shall be provided in accordance with all applicable ordinances of the Township of Piscataway.

j. Signs for the retail uses shall be governed by subsection 21-1202.2. No freestanding signs shall be permitted.

§ 21-26.4 Conditional Uses.

[Ord. No. 13-30]

a. Conditional Uses Permitted.

1. Tutoring and Learning Centers.

§ 21-27 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE AH-2, AFFORDABLE HOUSING 2 ZONE.

§ 21-27.1 Permitted Uses.

[Ord. No. 09-32]

a. Permitted Uses. Permitted uses shall be the same as permitted in the AH-1, Affordable Housing 1 Zone.

b. Accessory Buildings and Uses. Accessory buildings and uses shall be the same as permitted in the AH-1, Affordable Housing 1 Zone.

§ 21-27.2 Development Standards.

[Ord. No. 09-32; Ord. No. 2015-18; Ord. No. 2016-21 § 4]

a. The developer shall have an option to build affordable for sale or affordable rental housing units. The maximum density and set-aside for the affordable for sale option is 14.3 units per acre, with a 25% set-aside. The maximum density for the rental option is 17.25 units per acre with an 11.37% set aside. With either option, at least 50% of the affordable units shall be affordable to low-income households and up to 50% of the affordable units shall be affordable to moderate-income households. If a developer chooses to build affordable rentals, at least 12% of the affordable units shall be affordable to very-low-income households. The bedroom mix and other applicable standards relating to the affordable units shall be as set forth in the regulations adopted by the Council on Affordable Housing, or as approved by the Superior Court of New Jersey, and as articulated in the Township's fair share housing ordinance.

b. The minimum setbacks shall be:

1. From building to public right-of-way: 50 feet.

2. From building to other property lines: 30 feet.

3. From building to building: 25 feet.

4. From building to internal drive: 10 feet.

5. From building to parking lot: 10 feet.

6. From parking lot to public right-of-way: 15 feet.

7. From parking lot to other property lines: five feet.

c. Maximum building height: 55 feet and four stories.

d. Maximum units per building: 48.

e. Each principal building shall:

1. Not allow or contain outside television antennae. All television antennae equipment shall be built into the building to eliminate individual antennae from being erected on the roof. Not more than one common antennae may be used for each building.

2. Provide not less than 300 cubic feet of storage for each apartment unit, exclusive of closets. This provision shall apply to all market rate units and affordable units.

3. Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and dryer for each 10 dwelling units for the exclusive use of the occupants of the development, unless provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.

4. Provide a recreation area to serve the needs of the development.

5. There shall be at least one trash and recycling area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recycling items shall be stored in this area and shall not be in public view over the fence height. All similar accessory appurtenances shall be similarly enclosed.

f. Accessory Buildings and Uses.

1. Accessory buildings shall conform to at least the height and front yard setback requirements of the principal building. The side and rear yard setbacks shall be 10 feet.

2. Swimming pools less than four feet in height shall be enclosed by a permanent fence not less than four feet in height with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 250 square feet or over.

3. No truck or commercial vehicle, licensed for over 8,000 lbs. gross weight shall be stored or parked on any lot or portion of lot.

4. Any accessory building attached to a principal building shall comply with the setbacks of the principal building.

g. Parking. Off street parking is subject to the requirements of the New Jersey Residential Site Improvement Standards (New Jersey Administrative Code — Title 5, Chapter 21).

h. Landscaping. Extensive landscaping shall be provided in accordance with the applicable standards of the Piscataway Township Site Plan Review Ordinance. (Chapter 24, Site Plan Review)

§ 21-28 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE SNF, SKILLED NURSING FACILITY ZONE.

§ 21-28.1 Permitted Uses.

[Ord. No. 11-05 § 4]

a. Principal Uses.

1. State licensed nursing homes, assisted living facilities, long-term care facilities, short-term care facilities, rehabilitative care facilities and associated living facilities, as defined in the appropriate state regulations.

b. Accessory Buildings and Uses.

1. Storage facilities, and those uses customarily accessory to the permitted principal uses.

§ 21-28.2 Development Standards.

[Ord. No. 11-05 § 4]

a. Minimum lot area: three acres.

b. Minimum setback from any building to any property line: 25 feet.

c. Maximum number of beds: 115.

d. Maximum building coverage: 50%.

e. Maximum height: three stories/50 feet.

f. Minimum number of parking spaces: one per employee and one per two beds.

§ 21-29 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE CS, COMMUNITY SERVICES ZONE.

§ 21-29.1 Permitted Uses.

[Ord. No. 11-05 § 5]

a. Principal Uses.

1. Governmental buildings, including community centers, social centers, cultural centers, swimming pools and other recreational activities.

§ 21-30 WAREHOUSE/LIGHT INDUSTRIAL REDEVELOPMENT OVERLAY ZONE DISTRICT.

§ 21-30.1 District Established.

[Ord. No. 2015-09]

A new overlay zoning is established for the designated Redevelopment Area comprised of Block 421.1, Lots 1.03, 1.04 and 6.03 to be known and designated as the "Warehouse/Light Industrial Redevelopment Overlay Zone" District.

§ 21-30.2 Purpose.

[Ord. No. 2015-09]

The purpose of the Warehouse/Light Industrial Redevelopment Overlay Zoning District is to encourage the redevelopment of certain land (Block 421.1, Lots 1.03, 1.04 and 6.03) along River Road in the Township which has been designated as an "area in need of redevelopment." Through the effectuation of an Approved Redevelopment Plan, the overlay zoning provisions are intended to result in a comprehensively designed warehouse/light industrial development via the construction of new warehouse/light industrial buildings, necessary site improvements, roadway/access improvements, and necessary support infrastructure.

§ 21-30.3 Permitted Principal Uses.

[Ord. No. 2015-09]

a. All uses permitted in the LI-1 and LI-5 Zones.

b. Data centers.

c. Self-storage facilities.

d. Training centers.

e. Retail, commercial facilities, showrooms. (Limited to a maximum of 2% of the gross allowable floor area)

f. Ground or roof-mounted solar photovoltaic installations.

§ 21-30.4 Permitted Accessory Uses and Structures.

[Ord. No. 2015-09]

a. Off-street parking lots for employees, customers, clients and visitors.

b. Fences as may be specifically approved by the Township as part of site plan approval, including security fences up to eight feet in height.

c. Off-street trailer storage related to the uses on site.

d. Rail service facilities.

e. Off-street loading and trash recycling areas.

f. Entry gatehouses and gates.

g. Temporary construction trailers and signs not exceeding 100 square feet each in area, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a Construction Permit and concluding with the issuance of a Certificate of Occupancy, provided said trailer(s) and signs are on the site where the construction is taking place and are not on any existing or proposed street or easement.

h. Other accessory uses customarily and incidental to the main use.

§ 21-30.5 Prohibited Uses.

[Ord. No. 2015-09]

a. Cellular towers and/or antennas are expressly prohibited within the Redevelopment Area irrespective of underlying zoning.

§ 21-30.6 Maximum Building Height.

[Ord. No. 2015-09]

a. No principal commercial building shall exceed 60 feet in height. Mezzanine areas are permitted within the buildings, and shall not be treated as a "story."

b. No accessory building shall exceed 25 feet in height and two stories.

§ 21-30.7 Intensity of Development.

[Ord. No. 2015-09]

a. The aggregate maximum gross leasable floor area for all buildings in the Redevelopment Area shall be 2,400,000 square feet.

b. The maximum building coverage within the Redevelopment Area, including accessory structures, shall be 25%.

c. The maximum lot coverage (all impervious surfaces and structures) within the Redevelopment Area shall be 50%.

§ 21-30.8 Setback Requirements.

[Ord. No. 2015-09]

a. All commercial buildings shall be set back at least 25 feet from all street lines and all external lot lines, except that a zero feet lot line setback shall be permitted for a lot line at the Middlesex Borough border, to accommodate planned development of buildings and improvements that will cross the municipal boundary. Subdivision lines created within a development shall not create setback requirements between such lots.

b. No commercial building shall be located within 200 feet of a permitted residential use.

§ 21-30.9 General Requirements.

[Ord. No. 2015-09]

a. Commercial buildings may contain more than one principal use, provided that each use occupies a minimum gross floor area of 1,000 square feet.

b. Unless otherwise specifically approved by the Township as part of a site plan application, no unenclosed waste (e.g., pallets, trash, cardboard, old tires, etc.) shall be displayed or stored outside.

c. All new buildings within the Warehouse/Light Industrial Redevelopment Zone to the extent reasonably practicable, shall meet the following design requirements:

1. The entirety of the redevelopment shall be developed with a compatible architectural theme. The architectural theme shall include buildings, signing, fencing, lighting, paving, curbing, landscaping and other similar and related physical features.

2. The architectural design and surface material and color of the building walls on all sides of a building shall be suitably finished for aesthetic purposes to be compatible with the front of the building.

3. Mechanical equipment serving a building, whether roof or ground mounted, shall be screened from public view by features integrated into the overall design of the building and with foundation landscaping.

d. All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with grass, shrubs, ground cover, or trees and shall be continuously maintained in good condition.

e. A Warehouse/Light Industrial Redevelopment shall be served by public water and public sewerage facilities.

§ 21-30.10 Off-Street Parking.

[Ord. No. 2015-09]

a. Each individual use shall provide adequate on-site parking spaces to accommodate the proposed uses, as determined by the Planning Board during site plan review, based upon parking demand studies prepared by a professional traffic engineer and confirmed by a Township-retained traffic professional. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be calculated in the demand study by individually computing the parking demand for each different activity and adding the resulting numbers together.

§ 21-30.11 Off-Street Loading.

[Ord. No. 2015-09]

a. Each Warehouse/Light Industrial building may provide off-street truck loading bays and parking at the building as needed to meet market and/or tenant demand within the limits of impervious coverage.

b. Each Warehouse/Light Industrial building shall provide at least one waste disposal location within the building unless otherwise specifically approved by the Township in consideration of the design of the building and the adequacy of an alternate waste disposal plan proposed by the applicant.

1. Any waste disposal location shall provide facilities for the collection and separation of recyclable materials in accordance with the recycling requirements of Middlesex County.

2. Any waste disposal location shall be screened from public view by building walls or extensions thereof, fencing and/or landscaping.

3. If located within the building, the doorway may be used for both the loading and trash/garbage functions.

4. If the location is permitted to be outside the building, the location shall be separated from the parking spaces and obscured from view from parking areas, streets and adjacent uses by a fence or wall with landscaping surrounding the enclosure. The enclosure shall be large enough to accommodate a steel-like, totally enclosed trash container and recycling bins.

§ 21-30.12 Signs.

[Ord. No. 2015-09]

a. All signage within the Warehouse/Light Industrial Redevelopment Zone shall be designed with a consistent theme throughout the Redevelopment Area and shall be compatible in terms of design, materials, colors, lettering, lighting and the positions of the signs within the development.

b. Two monument identification signs shall be permitted at each entrance into the Redevelopment Area, identifying the name of the project and tenants within the Redevelopment Area. The sign shall not exceed six feet in height and 50 square feet in area, and shall be set back at least 10 feet from the River Road right-of-way. The sign shall be internally lit, and have appropriate landscaping.

c. One freestanding sign shall be permitted for each use within a permitted Warehouse/Light Industrial building.

1. Each freestanding sign shall be landscaped around the base of the sign to the satisfaction of the Township.

2. The total sign size of each freestanding sign shall not exceed 50 square feet in area and shall be setback at least 10 feet from all street rights-of-way and property boundary line(s). Freestanding signs shall not exceed a height of 10 feet above ground level.

d. Each principal use in the light industrial buildings shall be permitted one attached sign on each facade of the building, provided and in accordance with the following requirements:

1. The sign shall identify the name and/or logo of the user only.

2. The top of the sign shall be located in no case higher than 35 feet above grade.

3. The size of an attached facade sign shall not exceed 50 square feet in area.

4. Attached facade signs may be internally or externally illuminated.

5. If awnings are used over an entrance feature, the awnings also may include the name or logo of the user, provided that the lettering or logos shall not exceed 12 inches in height and 10 feet in total length.

e. Additional signage may be permitted by the Township for good cause shown by the applicant, provided that such additional signage must be specifically approved as part of site plan review and approval. Good cause shall include addressing wayfinding, building location, visibility from public and/or private roadways, traffic movement and safety, tenant driven standards, and such other factors deemed appropriate by the Board of Jurisdiction.

§ 21-30.13 General Design Requirements and Phasing.

[Ord. No. 2015-09]

a. The Warehouse/Light Industrial Redevelopment project shall be conceived, designed, subdivided, site planned and approved by the Township as a single entity according to a comprehensive phased site development plan.

b. The project site plan shall include a phasing plan which shall be reviewed and approved as part of the site plan process. The phasing plan shall indicate the approximate date(s) when construction of the redevelopment project and the phases thereof will be initiated and completed.

c. Subdivisions within the Redevelopment Area for purposes of financing, leasing and ownership shall be permitted, and shall not create setback requirements between such interior lots.

§ 21-30.14 Deviations from Overlay Bulk and Design Standards.

[Ord. No. 2015-09]

a. The Planning Board is granted authority to grant waivers, variances or other deviations from the bulk and design standards set forth in this Warehouse/Light Industrial Redevelopment Zone, consistent with the standards set forth in the Municipal Land Use Law.

§ 21-30.15 Tree Preservation.

[Ord. No. 2015-09]

a. In order to facilitate redevelopment within the Warehouse/Light Industrial Redevelopment Overlay Zone, and considering the condition of the trees and the location of many of the trees in areas affected by environmental contamination, a redevelopment executed in compliance with the Township Redevelopment Plan shall be exempt from Chapter 30 of the municipal ordinances on the following conditions:

1. Any proposed tree removal is shown on a Preliminary or Final Site Plan approved by the Planning Board.

2. The redevelopment retains a minimum tree count estimated by an approved averaging survey in excess of 15,000 trees.

3. Redeveloper shall pay a fee to the Township tree maintenance and replacement fund calculated as follows: $4,000 per acre of forested land cleared for the redevelopment project.

4. Redeveloper shall plant deciduous trees which are part of its landscape plan with a caliper of three inches to 3 1/2 inches and evergreen shrubs with a height at time of planting of 10 feet to 12 feet.

§ 21-31 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE AH-3, AFFORDABLE HOUSING 3 ZONE.

§ 21-31.1 Permitted Uses.

[Ord. No. 2016-21 § 3]

a. Permitted Principal Uses. 240 multi-family rental housing units including 192 market-rate rental units and 48 affordable low and moderate income units.

b. Bedroom Mix. The bedroom mix for development in the AH-3 Zone shall include 93 one bedroom units, 132 two bedroom units, and 15 three bedroom units. The bedroom mix for the affordable units shall include eight one bedroom units, 29 two bedroom units, and 11 three bedroom units.

c. Required on-site improvements shall include a club house building including a rental office, recreational facilities including a tot-lot, fitness trail with work out stations, in ground pool for adults and young children, open space/buffer areas and bicycle racks.

d. On-Site Parking.

On-site parking shall comply with the design standards of the Piscataway Township Site Plan Ordinance, except as permitted in this section. To provide a sufficient amount of on-site parking for residents and guests, a minimum of two and two-tenths on-site parking spaces shall be provided for each residential unit. Parking stall size may be reduced to nine feet by 18 feet in size. Parking areas or parking access aisles shall not be closer than 20 feet to any principal building, nor closer than 10 feet to any property line. 2% of the total parking or a minimum of two spaces/residential buildings shall be handicap accessible parking, whichever is greater. Handicap accessible parking spaces shall be located in close proximity to the entranceway of each principal building. The club house building shall be provided with four handicap accessible parking spaces.

e. Design Standards including required setbacks shall be as follows:

Criteria		Required/Permitted
Permitted Uses:		- Market-Rate Multi-Family Apartment Units
		- Affordable Multi-Family Apartment Units
		- Community/Club Facility & Rental Office
		- Recreational Facilities and Pool(s)
Maximum Gross Density		12 units/acre
Minimum Affordable Housing Requirement:		20%
Minimum Setback to Public Right-Of-Way:		50 Feet1
Minimum Setback to Property Line:
•	Principal Building	50 Feet
•	Accessory Building	30 Feet
Maximum Building Height:
•	Residential Buildings	40 Feet (3 Stories)
•	Residential Garages	25 Feet (2 Stories)
•	Club Facility & Rental Office	25 Feet (1 Story)
•	Maintenance Buildings	25 Feet
Maximum Number of Units/Building		24 Units
Minimum Building to Building Setback:
•	Front to Front	70 Feet
•	Rear to Rear	60 Feet
•	Rear to Side	50 Feet
•	Front to Side	50 Feet
•	Side to Side	30 Feet
Minimum Building Setback to Street/Parking Area:
•	Building Setback to Main Access Drive	20 Feet
•	Building Front Setback to Parking Area/Aisle	20 Feet
•	Building Side Setback to Parking Area/Aisle	10 Feet
Minimum Roadway Width:
•	Main Access Drive (Divided)	20 Feet (each way)
•	Main Access Drive (Undivided)	30 Feet
•	Parking Access Aisle	24 Feet (90° parking stalls)
Off-Street Parking Requirements:
•	Resident Parking	2.20 Spaces/Dwelling Unit2
•	A.D.A Parking Requirement	2% of Total Spaces or 2 Spaces/Bldg.3
•	Parking Area/Aisle Setback to Property Line	10 Feet
•	Parking Stall Size (Standard)	9' x 18'

1	Principal Buildings and Accessory Structures (Zanzalari Way)
2	Includes 2.0 spaces/unit plus 10% (Guest & Overflow)
3	Whichever amount is greater.

§ 21-32 DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE TC, TOWNE CENTER ZONE.

§ 21-32.1 Permitted Uses.

[Ord. No. 2017-15]

a. Permitted Principal Uses.

1. Residential Uses, including:

(a) Single family dwellings.

(b) Townhomes (including "row" style or "stacked" units).

(c) Multi-family flats.

(d) College and graduate-student housing.

(e) Senior Housing.

(f) Requirements:

(1) A minimum of 556 residential units shall be constructed.

(2) A minimum of 83 residential units shall be set aside for affordable housing as set forth in the Township Housing Element dated January 6, 2016.

(3) Maximum residential gross density shall be eight units per acre, exclusive of any concierge residential units in the 13 story tower building, but subject to the following enhanced bonus density: 12 units per acre, provided as one residential unit for each 333 square feet of first floor retail and personal service spaces for the uses set forth in subsection 21-32.1a2(a) (Qualifying Main Street Commercial) only are constructed up to the maximum bonus density of 12 units per acre. By way of example, if 100,000 square feet of Qualifying Main Street Commercial space is constructed, 300 bonus residential units may be constructed.

(4) Bonus residential uses shall provide affordable housing units in accordance with the following schedule:

• Initial 100 units at 15% setaside;

• Next 100 units at 10% setaside;

• Final 100 units at 5% setaside;

(5) Any required bonus of affordable housing units may be provided on-site or off-site within the municipality.

(6) Any potential affordable housing obligation that may be associated with the redevelopment of the existing 13 story tower shall be satisfied by the payment of a non-residential affordable housing fee of 2.5% on the net increase in assessed value of the redevelopment asset.

2. Qualifying Main Street Commercial Uses, including:

(a) Retail service uses, including:

(1) Retail stores and shops, including food stores.

(2) Business offices, banks and financial services.

(3) Personal service establishments.

(4) Arts and crafts studios and hobby shops.

(5) Sit-down/high-turnover restaurants and taverns.

(b) Convenience stores and fast food restaurants (without drive-thru windows).

(c) Hotels.

(d) Stage performance theatres or movie theatres.

(e) Office Uses, including:

(1) Professional services, including medical offices and services.

(2) General Business offices.

(3) Research facilities.

(4) Telecommunications offices.

(5) Congregate work spaces.

(f) Healthcare uses, including:

(1) Assisted Living facilities.

(2) Nursing homes.

(3) Surgical care centers.

(4) Eye care.

(5) Physical therapy and rehabilitation facilities.

(6) Congregate care.

(7) Pharmacies and drug stores.

3. Educational uses.

4. Research and development (including laboratories).

5. Childcare and adult day-care facilities.

6. Emergency Services/Government Buildings.

b. Accessory Uses Permitted:

1. Kiosks, flag poles, clock towers, statuary, walls and fences, street furniture, planters and trash/recycling receptacles.

2. In-ground swimming pools or spas, tennis courts, play areas and fitness areas.

3. Grade level parking lots, multi-level parking garages, off-street loading areas.

4. Utilities and related infrastructure, but not telecommunication structures or uses.

5. Temporary construction trailers and offices, including sales offices.

6. Drive-thru facilities for banks, pharmacies and drug stores only.

7. Sidewalk cafes associated with permitted restaurants.

8. Recreational and/or open space facilities, including, but not limited to, walkways, courtyards and plazas.

9. Freestanding signs, awning signs, facade signs.

10. Electric car charging stations.

11. Other subordinate uses or structures that are customarily incidental to a permitted use or building.

§ 21-32.2 Prohibited Uses.

[Ord. No. 2017-15]

a. The sales, rental, repair or storage of automobiles, trucks or recreational vehicles.

b. The sales, rental, repair or storage of industrial, gardening or heavy equipment.

c. Car washes and similar facilities.

d. Construction, salvage or junk yards.

e. Self storage or mini-storage facilities.

f. Automotive or truck fuel stations.

g. Drive-through facilities, except as permitted for banks and pharmacies.

h. Retail stores in excess of 25,000 square feet (GFA).

i. Cellular and telecommunication uses (except telecommunications offices).

j. Convenience stores with automobile service/fuel stations.

k. Uses not expressly permitted are prohibited.

l. All uses prohibited in Section 21-13 of the Zoning Ordinance.

§ 21-32.3 Design Elements.

[Ord. No. 2017-15]

a. Development within the Towne Center Zone shall include a variety of permitted uses as set forth above. The mixed-use design concept is intended to promote a pedestrian-friendly, village style core that fosters a sense of community in the Township through the development of residential and non-residential uses with available passive recreational opportunity. Subsection 21-32.16 (Plate 2) illustrates the Conceptual Redevelopment Plan for the Piscataway Towne Center site.

b. The Towne Center redevelopment shall be designed and planned as a single development according to a General Development ("GDP") Plan, including designation and layout of all proposed uses, site landscaping and buffer areas, building design, on-site parking and access. The redevelopment shall be designed with a common architectural theme which shall be subject to site plan approval by the Township Planning Board. The architectural theme shall reflect buildings, signing, fencing, lighting, paving, curbing, landscaping and other similar and related physical features.

c. All residential and mixed-use buildings within the Mixed-use village portion of the redevelopment shall be designed to convey a village character with the following design elements:

1. A variety of building setbacks, roof lines, color schemes, elevations and heights shall be required in the development to avoid a repetitious and monotonous streetscape. One-floor private garage building(s) shall have a one and one-half story to two-story exterior appearance;

2. The exteriors of all buildings in the development, including any permitted accessory buildings, shall be architecturally compatible and be constructed of complementary materials. Design guidelines for future building improvements shall be prepared by the applicant to ensure the ongoing design integrity of the development;

3. Architectural detail, style, color, proportion and massing shall reflect the features of a traditional mixed-use village style neighborhood;

4. Natural materials such as wood and masonry are recommended. High-quality man-made siding materials are permitted. Stucco or similar treatment is prohibited;

5. The treatment of side and rear walls of any building in terms of building materials and colors shall be similar to the treatment of the front facade;

6. Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior;

7. Pitched roofs are recommended, which shall be generally consistent throughout the development. Peak roofs are encouraged. While flat and mansard-type roofs are discouraged, such roof treatments may be allowed on a limited basis as part of an overall village-architecture design scheme for the proposed development;

8. The incorporation of dormers, gables and windows and other similar design features, is strongly encouraged; and,

9. Provide for an orderly relationship among windows, doors, porches and roof forms.

§ 21-32.4 Planned Development Requirements and Phasing.

[Ord. No. 2017-15]

Development within the Redevelopment Area shall be in accordance with a GDP, to be submitted and approved by the Township Planning Board in accordance with the requirements of the Municipal Land Use Law requirements (N.J.S.A. 40:55D-45). The GDP application shall include the location, number and type of all residential and nonresidential land uses within the development area, and shall describe phasing of the development, together with any on-site and off-tract improvements needed to support such phasing. Off-site/off-tract improvements necessary to support individual phase(s) of the development shall be constructed and approved prior to issuance of required occupancy permits for any individual phase(s) of the development served by such improvements. Construction of non-residential land uses shall not be a condition of the construction of the minimum 556 residential units.

§ 21-32.5 Additional Development Regulations.

[Ord. No. 2017-15]

a. Residential uses permitted within the development area include single family detached dwellings, townhomes, graduate student and college housing, and multi-family apartments over ground floor commercial and/or office use (mixed-use building). Single family detached dwellings — on 75' x 100' lots - shall be provided in a separate area on the southwest portion of the development, adjacent to the existing single family neighborhood located in vicinity of Hillside Avenue and Custer Street, and may also be provided in the Mixed-use village portion of the development.

b. Row style townhome development may be provided within the Mixed-use village, and also within distinctly separate portion(s) of the development area, appropriately buffered from adjacent lower density residential use and/or non-residential use. Townhomes in the Mixed-use village may be attached row style townhomes or "stacked" townhome units in residential buildings or mixed-use buildings.

c. Multi-family flat dwellings (apartments and/or condominium units) and college/graduate student units may be provided above ground floor commercial and/or office use within the Mixed-use village portion of the redevelopment.

d. The base residential density of the planned development shall be eight units per acre. The set-aside associated with the base density is 15%. In the event the property qualifies for the residential enhanced bonus density of 12 units per acre pursuant to the provisions of subsection 21-32.1a, then the following affordable housing units shall be constructed for those residential units in excess of eight units per acre: For the first 100 bonus density units, there shall be an affordable housing set aside of 15% of those residential units (15 affordable units); for the second 100 bonus density units there shall be an affordable housing set aside of 10% of those residential units (10 affordable units); and for the final 100 bonus density units there shall be an affordable set-aside of 5% of those residential units (five affordable units). All affordable units shall meet all requirements in the Township's Affordable Housing Ordinance.

e. The existing 13 story tower building may be utilized notwithstanding any height limitations set forth in this section.

f. In order to enhance the orientation of land uses toward pedestrian shopping and circulation within a village-style environment, mixed-use development within the mixed-use village portion of the development area is encouraged by permitting stores, shops, personal service establishments and commercial offices on the ground floor of buildings, and promoting the use of upper floors for business offices or residential dwelling units (apartments/condominiums/college student housing). Commercial retail/service establishments and shops shall only be permitted on the ground floor of any non-residential or mixed-use building, but may be on an upper floor of a hotel building.

§ 21-32.6 Residential Development Standards.

[Ord. No. 2017-15]

a. The development standards for principal permitted residential uses within the Towne Center shall comply with the area and yard requirements provided in this section. Unless specifically addressed, all on-site and off-tract improvements shall be in accordance with the Piscataway Township Site Plan Ordinance and Subdivision Ordinance, subject to the review and approval of the Township Planning Board. The development standards for the residential uses permitted within the development area are as follows:

b. Single family detached residential development on 7,500 square feet lots shall be developed adjacent to the existing single family residential neighborhood (R-10 Zone) located to the southwest (vicinity of Hillside Avenue and Custer Street) shall be provided in accordance with the Township's R-7.5, Single Family Residential zone requirements.

c. To protect the residential neighborhood from adjacent non-residential use, a landscaped buffer area shall be provided along the southerly boundary line of the development area (adjacent to the SNF Zone and private swim club), and also along the primary access road extending into the development area from Skiles Avenue.

d. Single family detached dwellings on minimum 5,000 square foot lots may be provided immediately surrounding the Mixed-use village of the Redevelopment Area. Building facade design and materials for such use shall be substantially similar to Mixed-use village residential structures (townhomes), while maintaining an individual character typically desirable for "village-style" single family dwellings. The maximum building height of detached single family dwellings within the Mixed-use village shall be 35 feet (2 1/2 stories).

§ 21-32.7 Townhome Dwellings.

[Ord. No. 2017-15]

a. Attached townhome development ("row-style" and/or "stacked") may be permitted within the Mixed-use village portion of the development. Stacked townhome units may be located within exclusively stacked townhome buildings or within mixed-use buildings (above ground floor non-residential use).

b. The maximum building height for row-style townhomes shall not exceed 35 feet (2 1/2 stories). Stacked townhome units within residential buildings shall not exceed 55 feet (four stories), while mixed-use buildings with stacked townhomes (above ground floor commercial uses) shall not exceed 65 feet (five stories). Stacked townhomes within mixed-use buildings shall be provided with separate grade-level access from nonresidential uses. At-grade access to row-style townhome units in the Mixed-use village shall not be provided from sidewalks or pedestrian areas which directly serve nonresidential uses.

c. "Row-style" townhomes provided outside the Mixed-use village area shall be located within the area identified on the Conceptual Redevelopment Plan as "Townhomes/Non-Residential/Institutional." Townhome development within this area shall be provided with adequate landscaped buffering, as follows: adjacent to lower density residential use and all non-residential uses; along the perimeter of the development area; and, along any portion of a primary access road serving the development.

§ 21-32.8 Multi-Family Apartments and College Student Housing.

[Ord. No. 2017-15]

Multi-family flat units (apartments and/or condominiums) and college/graduate student housing may be provided within the Mixed-use village portion of the development. Such units shall be provided with separate grade-level access from non-residential uses. Residential use within mixed-use buildings shall not be provided on the same floor level as any non-residential use, nor shall any residential use be permitted below any floor level containing a non-residential use. The maximum building height for mixed-use buildings within the Mixed-use village shall not exceed 45 feet (three stories).

§ 21-32.9 Non-Residential Development Standards.

[Ord. No. 2017-15]

a. The development standards for principal permitted non-residential and mixed-uses within the development area shall comply with the area and yard requirements provided in this subsection. Unless otherwise specified, all on-site and off-tract improvements shall be in accordance with the Piscataway Township Site Plan Ordinance and Subdivision Ordinance, subject to the review and approval of the Township Planning Board. This subsection provides development standards for mixed-use and nonresidential buildings permitted within the Towne Center.

b. The Mixed-use village portion of the development shall include a variety of residential and non-residential uses, which may include: exclusively residential, commercial, retail, office, entertainment, hospitality, institutional or other non-residential use buildings; mixed-use commercial/office/non-residential buildings; and, mixed-use buildings with apartments, condominiums or college/student housing above non-residential use(s). On the outlying portions of the development area, single-tenant commercial, office, or other non-residential uses (or a combination thereof) may be provided.

c. Single tenant retail/commercial/non-residential buildings or office buildings provided in outlying areas of the development shall be located directly along Hoes Lane and/or Skiles Avenue. Vehicular access to off-street parking areas for such non-residential building pads shall only be provided directly from Hoes Lane or Skiles Avenue, and/or from the internal primary access road(s) serving the development. It is expressly the intention of the development plan to prohibit the development of large retail format buildings (including "big box" retail use). Single tenant non-residential buildings shall have a maximum building height of 35 feet (2 1/2 stories). On-site parking for non-residential buildings outside the Mixed-use village shall consist of surface level and/or above-ground parking decks.

d. Within the Mixed-use village portion of the development, exclusively commercial/office/non-residential buildings shall have frontage along a street block within the Mixed-use village area, and shall compliment village-style development in terms of scale and streetscape/facade design. Vehicular access to non-residential buildings in the Mixed-use village may be facilitated by surface parking or parking deck(s) accessible from village side street(s) or directly from primary access roads serving the development. Off-street parking lot/deck vehicular access in the Mixed-use village shall not be permitted directly along street-block frontages that provide pedestrian access to individual uses, or directly from street blocks surrounding the 'town square' design feature.

e. Non-residential buildings in the Mixed-use village shall have a minimum building height of 35 feet (2 1/2 stories) and maximum building height of 45 feet (three stories). Pedestrian access to non-residential uses shall be provided directly at street-level in the form of recessed business-front doorways, or by means of a common access doorway/entrance hallway within non-residential buildings. Alternate pedestrian access to non-residential buildings may also be provided from village side streets and/or off-street parking lots/decks.

f. Permitted restaurants shall include sit down or high-turnover restaurants, or taverns that may also include the serving of food and beverages for consumption on the premises. Restaurant use may include additional dining area on the second floor-level and outdoor dining. Ground level access to the rear portion of restaurants or taverns in the Mixed-use village may be provided from common surface parking lots/decks located to the rear of non-residential uses. Musical entertainment or other entertainment may be provided within restaurants or taverns, including televised sporting or other events. Fast food establishments and/or any restaurant with drive-thru lanes or windows shall be prohibited within the development.

g. Hotels, stage performance theatres or movie theatres may be permitted within, or surrounding the Mixed-use village. Hotels shall have a minimum of 100 guest rooms, and shall include amenities such as meeting/conference room(s), and/or a sit-down restaurant or bar lounge. Accessory use within a hotel may include a conference center, an indoor and/or outdoor pool, gift store, exercise room, or other ancillary use. The hotel building shall have a maximum building height of 75 feet (six stories), except that the existing 13 story tower building may be utilized, in whole or in part, as a hotel. The maximum building height for theatre buildings shall be 70 feet.

h. Telecommunications office uses, educational uses, research office uses, and research/development uses and laboratories may be provided within the outlying portions of the development area, and shall be provided with direct access from either Hoes Lane or Sidles Avenue, or from primary access roads serving the Redevelopment Area. Such uses shall be provided with an adequate landscaped buffer adjacent to all residential uses or residential zones. Except as provided in this section, development standards for educational, research offices, research/development and laboratory uses shall be in accordance with the E-R, Education and Research Zone requirements as established in the Piscataway Township Zoning Ordinance, subject to the approval of the Township Planning Board.

i. Childcare and adult day-care facilities may be provided within, or immediately surrounding the Mixed-use village, or may be located in outlying portions of the zone. An adequate landscaped buffer shall be provided adjacent to all residential uses or residential zones. When placed in close proximity to the Mixed-use village, direct pedestrian paths leading to the Mixed-use village area shall be provided. Such pedestrian paths shall be aesthetically designed and landscaped, and shall include park bench(s) properly spaced along the pathway.

j. Healthcare uses, including assisted living and/or congregate care facilities, nursing homes, and physical therapy and rehabilitation facilities may be provided in areas directly surrounding the Mixed-use village, or may be located in outlying portions of the zone. Access to such uses shall be provided directly from existing primary access road(s). Such healthcare uses shall be provided with an adequately landscaped buffer adjacent to all residential uses or residential zones. When placed in close proximity to the Mixed-use village, direct pedestrian paths leading to the Mixed-use village area shall be provided. Such pedestrian paths shall be aesthetically designed and landscaped, and shall include park bench(s) properly spaced along the pathway. Assisted living and/or congregate care facilities, nursing homes, skilled nursing facilities and physical therapy and rehabilitation facilities shall be designed in accordance with the Township's AL, Assisted Living Zone requirements, or as expressly permitted in this section, subject to the approval of the Township Planning Board.

k. Healthcare uses, including surgical care centers or eye care facilities may be provided in areas directly surrounding the Mixed-use village, or may be located in outlying portions of the zone. Access to such use shall be provided directly from existing primary access road(s). An adequately landscaped buffer shall be provided adjacent to all residential uses or residential zones. Surgical care Centers or eye care facilities shall be designed in accordance with the BP-II, Business Professional Zone requirements or as expressly permitted in this section, subject to approval by the Township Planning Board.

§ 21-32.10 Towne Square.

[Ord. No. 2017-15]

a. To promote pedestrian activity and passive recreational opportunity, and to provide a centralized space for public gathering, a "towne square" design feature shall be incorporated into the central area of Mixed-use village. The towne square feature shall have a minimum area of 20,000 square feet. A portion of the towne square design feature shall include an impervious pedestrian plaza area for public use. The design of the towne square feature may incorporate a visual focus for the Mixed-use village development, such as a public fountain/pond structure or artistic feature (statue, sculpture, gazebo, etc.). The location, dimensions, and composition of the pedestrian plaza portion of the towne square shall be subject to the approval of the Township Planning Board.

b. Pedestrian/bikeway connections to the towne square and all plaza/open space area(s) shall be provided throughout the mixed-use development. Design elements such as uniform materials, patterns and textures in roadway pavement and sidewalks, bollards, sitting areas and landscape ground cover and landscape ornamental trees and shrubs shall be incorporated into the design of the towne square, and shall be continued throughout the retail/commercial and mixed-use portions of the redevelopment, as appropriate. The towne square feature shall be considered a common element within the redevelopment, which may be dedicated to the Township as public open space.

§ 21-32.11 Access and On-Site Circulation.

[Ord. No. 2017-15]

a. Access to the residential, non-residential and mixed-use portions of the development area shall be provided in the form of interconnected roadways, bikeways, and pedestrian paths, linking the development area to the Township's circulation and transportation system. Vehicular access to the Mixed-use village and other components of the development shall be provided from primary access points along Hoes Lane/State Route 18, with alternate access provided via Knightsbridge Road and Skiles Avenue. Primary access shall be provided in the form of a landscaped, median-separated boulevard roadway, leading from:

1. Hoes Lane [State Route 18] — Signalized access (may include more than one access point).

2. Skiles Avenue — Unsignalized access.

3. Knightsbridge Road (at the existing round-a-bout) — Unsignalized access.

b. The above noted primary access roadways shall be provided with dedicated bike lanes (in each direction), and shall connect to the Township's existing bikeway circulation system. Notwithstanding alternative access from other locations, the above noted primary access routes shall provide access to residential and non-residential areas within the development.

c. Left-turn access (ingress and egress) to the development along Hoes Lane shall only be provided at signalized access points. Unsignalized right-turn access (ingress and egress) may be provided along Homes Lane, subject to the approval of the Township Planning Board. A detailed traffic impact study (TIS) shall be submitted with a preliminary site plan application to the Township to support the access configuration to the development. The TIS shall also examine traffic impacts associated with the development upon the local street system and critical impact intersection locations. All on-site and off-site transportation improvements shall conform to the Manual On Uniform traffic Control Devices and the New Jersey Department of Transportation (or other controlling authority), and shall be subject to the review and approval of the Township traffic consultant.

d. Vehicular access (primary access and emergency access), pedestrian and bikeway access shall be provided to all portions of the development. Bicycle and pedestrian access shall be provided throughout the development, including pedestrian friendly access to on-site parking areas and to the towne square area and other open space features. Bikeway routes shall include dedicated bike paths or bike lanes, designed in accordance with Township standards. Bikeway routes shall interconnect with existing bikeways surrounding the development, or shall foster the connection to existing and future bikeway routes (by others). Shared bikeway routes (with vehicular traffic) shall not be permitted. Contemporary-designed bike racks shall be strategically located within the residential, non-residential, mixed use, and recreational areas. Emergency access shall be provided from primary and alternate access points.

e. Pedestrian sidewalks and paths shall be provided, linking all residential and non-residential uses, including the Mixed-use village area, towne square, and open space/recreational areas. Positive pedestrian access shall be provided throughout, including delineated cross-walks, handicap ramps, and pedestrian signage.

§ 21-32.12 Off-Street Parking and Loading, Street Parking.

[Ord. No. 2017-15]

a. Off-street parking in the towne square portion of the development shall be provided within common parking area(s) or parking deck(s) located to the rear or side of non-residential or mixed-use buildings. On-street parking (parallel/angular parking stalls) may be provided within the Mixed-use village area, subject to the approval of the Township Planning Board. Pedestrian access to common parking lots or decks within the towne square area shall be provided via pedestrian pathways.

b. On-site parking for residential development will be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards (RSIS). On-site parking requirements for non-residential development (retail, commercial, office, hotel, restaurants, theatres, etc.) or institutional development (healthcare, educational, research and laboratory, childcare, etc.) shall comply with the design standards of the Piscataway Township Site Plan Ordinance.

c. Required parking for permitted commercial uses and restaurants within the Mixed-use village may be provided with a combination of on-street parking and off-street parking (i.e. surface lot and/or parking deck). All other non-residential and institutional uses permitted in the development shall be provided with off-street parking only. On-street loading areas for non-residential uses shall not be permitted in the development. All off-street loading for non-residential uses shall be provided to the rear or side of individual uses. Shared off-street loading may be permitted, subject to the approval of the Township Planning Board. Except as may be expressly permitted in this section, the provision of off-street parking and loading for all non-residential uses shall be provided in accordance with the Piscataway Township Site Plan Ordinance.

d. Resident parking for single family detached dwellings and townhomes shall be provided in the form of a private driveway and/or private (attached) garage(s). Visitor parking for such uses may be satisfied with a combination of on-street parking, driveway parking, and/or off-street surface lots/or parking decks. Required resident parking for apartments, condominium flats and student housing shall be provided with private garage(s), surface parking lots and/or parking decks. Visitor parking for such multi-family use shall be satisfied with surface lots and/or parking deck(s). Private resident parking garages for apartments/condominium or student housing units, within an acceptable walking distance, may be provided separately from the residence building(s), subject to the approval of the Township Planning Board.

§ 21-32.13 Signs.

[Ord. No. 2017-15]

a. All on-site signage, including and along the perimeter of the development, shall be designed with a common theme and architectural elements so as to provide a distinct character and unified identification to the development. The unifying design theme shall include the style of lettering, method of attachment, construction, material, size, proportion, lighting, and position, with consideration to day/night visual impacts. All signage must be consistent with a small-scale village character. Color of letters and background shall be carefully considered in relation to the color of the material of the building(s) or where the signs are proposed to be located. Signs shall be a subordinate rather than a predominant feature of any building. The lettering and sign shall be compatible with the architecture of the building.

b. A preliminary signage plan shall be provided with any GDP application for the development, which covers overall project identification, general signage themes and styling to be employed within the development. Preliminary site plan application for the development and/or individual phases of the development shall include details for all aspect of site signage, including location, dimension, area, building signage, window signage and lettering, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. A signage hierarchy shall be established governing the above signage categories. Except as expressly permitted in this section, all on-site signage shall comply with the Piscataway Township Site Plan Ordinance requirements.

§ 21-32.14 Landscaping, Buffers, Street Lighting and Streetscape Features.

[Ord. No. 2017-15]

a. All landscaping and buffer areas shall be provided in accordance with the requirements of the Piscataway Township Site Plan Ordinance, except as specified in this subsection. All required landscaped buffer areas shall include: earthen berm(s); ornamental trees and shrubs; and, natural/ornamental ground covering. All residential use within the development shall be buffered from adjacent non-residential use, including along the perimeter of the development. The provision of landscaped buffer areas between residential development of varying densities and between residential and non-residential uses shall be subject to the approval of the Piscataway Township Planning Board. Environmentally sensitive areas intended to remain undeveloped as part of the development may be utilized to comply with this buffer and screening requirement, subject to the approval of the Township Planning Board.

b. All primary access roads serving the development shall be adequately buffered adjacent to any residential use. The median area of all primary access roads or other roadways as may be provided, shall be landscaped with natural/ornamental ground cover, and shall include uniformly spaced ornamental tree plantings and/or street lighting stanchions.

c. Street trees and street lighting shall be provided throughout the development on all private and public rights-of-way. Street trees and lighting provided within the Mixed-use village shall be provided in a manner which facilitates the placement of street furniture (benches, bike racks, planters, trash/recycling receptacles, etc.), and shall not impede pedestrian traffic flow or adversely affect sight distance at street intersections. Curbed bump-outs may be provided within the development to accentuate pedestrian crossing areas. Bump-outs may be provided with brick paver surface treatment, and may include low-growth vegetation and pervious ground cover to reduce surface water runoff and facilitate bio-drainage.

§ 21-32.15 Site Plan and Building Design Guidelines.

[Ord. No. 2017-15]

a. It is the intent and purpose of the Towne Center Zone to foster a pedestrian-friendly, walkable mixed-use development in the Civic Center portion of the Township, thereby providing a community focal point and gathering space for local residents, visitors and the local business community. The Mixed-use village concept will involve a multi-layered approach to achieve this purpose through the built environment, including spatial design and layout of buildings; pedestrian-safe design and circulation; provision of necessary local services and space for community events; proximity of residential neighborhoods; and, provision of passive recreational space and protection of environmentally sensitive lands.

b. This subsection sets forth various design guidelines to foster a pedestrian-scaled neighborhood environment, with visually appealing and architecturally aesthetic features to create a Mixed-use village, including dwellings, commercial uses, hospitality entertainment venues, and public open space.

1. Building Placement and Orientation and Arrangement of Buildings. The front facades and major pedestrian entries of all Mixed-use village buildings shall face a street or mews. Buildings should be placed at or close to streets or other public spaces so as to create a pedestrian-scaled streetscape. The Mixed-use village shall be designed so as to provide an inviting area to congregate and to maintain visibility and safety. The placement and arrangement of all buildings and building groups shall be subject to review and approval by the Township Planning Board.

2. Building Materials. Materials should be authentic and high quality. Preferred building materials are brick and/or clapboard siding (of wood or synthetic materials). Accent materials may include metal, tile, stone and cultured stone. Building facade materials such as synthetic stucco are prohibited, in favor of substitutes such as fiber-cement. Mixed-use buildings and townhome buildings shall be designed so that all street-facing facades are treated with the same amount of design detailing.

c. Green Design.

1. Building design shall seek to minimize environmental damage and impact on adjacent uses, and reduce energy use and strain on municipal utilities by means of the following measures:

(a) Tree Preservation: Where possible, development shall preserve existing trees, particularly the largest and oldest trees, by incorporating them into the site plan.

(b) Green Building Design: Although not required, development is encouraged to create "green buildings" that comply with the intent of the Leadership in Energy and Environmental Design (LEED) system sponsored by the US Green Building Council (USGBC).

§ 21-32.16 Illustration of Concept Plan. [1]

[Ord. No. 2017-15]

[1] Editor's Note: The Illustration of Concept Plan is included as an attachment to this chapter.