[1972 Code § 21-1]
The title by which this chapter shall be known shall be "The
Zoning Ordinance of the Township of Piscataway."
[1972 Code § 21-2; N.J.S.A. 40:55D-2]
Pursuant to N.J.S.A. 40:55D-1 et seq., it is the intent and
purpose of this chapter to:
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.
[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 6-14-2018 by Ord. No. 18-12; 2-9-2021 by Ord. No. 2021-05; 6-10-2021 by Ord. No. 2021-14; 10-3-2023 by Ord. No. 2023-25; 12-19-2023 by Ord. No. 2023-33]
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)
REFUSEAll putrescible and nonputrescible solid wastes (except body waste) including garbage, rubbish, ashes, street cleanings and solid market and industrial wastes.
(b)
GARBAGEPutrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(c)
ASHESThe residue from the burnings of wood, coal, coke, or other combustible materials.
(d)
RUBBISHNonputrescible 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.
MAKE- READY PARKING SPACE
Shall mean the prewiring of electrical infrastructure at
a parking space, or set of parking spaces, to facilitate easy and
cost-efficient future installation of electric vehicle supply equipment
or electric vehicle service equipment, including, but not limited
to, Level Two EVSE and direct-current fast chargers. Make-ready includes
expenses related to service panels, junction boxes, conduit, wiring,
and other components necessary to make a particular location able
to accommodate electric vehicle supply equipment or electric vehicle
service equipment on a plug-and-play basis. "Make-ready" is synonymous
with the term "charger ready," as used in P. L. 2019, c 362 (N.J.S.A.
48:25-1 et seq.)
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.
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:
(b)
Dry cleaning or tailor shops;
(f)
Restaurants and eating establishments;
(g)
Radio, television and electrical repair shops;
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:
(e)
Packaged liquor stores and taverns;
(j)
Stationery supply stores;
(k)
Haberdashery stores, dress goods and notions;
(l)
Hardware, plumbing supply and electrical appliances stores;
(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.
[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
|
[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.
[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.
[1972 Code § 21-5]
The Schedule of General Requirements applicable to the zones hereinafter enumerated, which schedule is set forth in subsection
21-501, is incorporated herein and is to be considered part of this chapter.
[1972 Code § 21-501; Ord. No. 08-15; amended 2-9-2021 by Ord. No. 2021-05; 12-14-2021 by Ord. No. 2021-38]
[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]
[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]
[1972 Code § 21-501; Ord. No. 11-25]
[1972 Code § 21-501; Ord. No. 11-25; amended 12-14-2021 by Ord. No. 2021-38]
The following regulations shall apply in all zones:
[Amended 7-23-2019 by Ord. No. 19-18]
No building shall hereafter be erected, and no existing building shall be moved, structurally altered, enlarged or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the principal and accessory uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the Schedule of General Requirements in Subsection
21-501.1, including, but not limited to, the yard, lot area, building location, percentage of lot coverage, off-street parking space regulations, and such other regulations designated in the schedule and this chapter for the zone in which such building or land is located. In the event of a violation of any of the aforesaid zoning regulations, such building shall be deemed in violation of the provisions of this chapter, and no certificate of occupancy shall be issued therefor. The provisions of the Zoning Ordinance of the Township of Piscataway shall not be applicable to any land, building or structure owned, leased or used by the Township, including, but not limited to, the Schedule of General Requirements in Subsection
21-501.1. No municipal open space, municipal drainageway, municipal right-of-way or municipal easement shall be encroached upon or reduced in any manner.
Every principal building shall be built upon a lot with frontage
upon a public or private street. Every lot shall have a grading plan
and finished garage floor elevations approved through submission of
a foundation location survey prior to securing a framing inspection
after a building permit has been issued.
An accessory building attached to the main building shall comply
in all respects with the requirements of this chapter applicable to
the main building. No lot shall have erected upon it more than one
principal residential building.
Corner lots shall provide the minimum front setback requirements
for the respective zone for both intersecting streets.
No yard or other space provided about any buildings for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other building,
and no yard or other open space on any lot shall be considered as
providing a yard or open space for a building on any other lot.
At the intersection or interception of two or more streets,
no hedge, fence or wall higher than 2.5 feet above curb level, nor
any obstruction to vision above the height of 2.5 feet above curb
level, other than a post or tree, shall be permitted within the triangular
area in the following manner: The area bounded by the right-of-way
lines and a straight line connecting "sight points" on street center
lines which are the following distances from the intersecting center
lines.
§ 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.
|
Business structures or uses shall not be used for the display
of goods for sale or rental purposes outside of the structure area
in which such activity is carried on.
Buildings and areas may be illuminated; however, the actual
source of illumination shall be shielded from public view so that
no glare is visible from a public right-of-way or from adjacent properties.
In any zone, all uses not specifically permitted are prohibited.
No commercial vehicle or commercial trailer shall be parked
out of doors between the hours of 8:00 p.m. and 6:00 a.m. in any residential
zone or any lot or on the street adjoining the same and no more than
one commercial vehicle shall be parked on any residential lot or on
the street adjoining the same. No commercial vehicle or trailer shall
be parked out of doors between the hours of 8:00 p.m. and 6:00 a.m.
on any street located within both a commercial zone and a residential
zone where the line dividing the zones from the residential zone bisects
such street. A commercial vehicle including commercial trailers of
3/4 ton manufacturer's rated capacity or less, may be parked out of
doors, provided however, that no more than one such vehicle shall
be parked on any residential lot or street adjoining the same. Provisions
of this section shall be administered and enforced by the Zoning Officer
and the Director of Public Safety and their designees.
All yards facing on a public street, except frontage on Interstate
287, shall be considered front yards and shall conform to the minimum
front setback requirements for the zone in which located, notwithstanding
lot frontage definition.
[Ord. No. 2015-10]
A person seeking to construct a new home on a conforming lot
not forming part of any subdivision, shall install sidewalks, curbs,
gutters and drywells unless the property owner thereof can demonstrate
to the reasonable satisfaction of the Township Engineer that the installation
of one or more of these improvements is not practicable under the
circumstances. The decision of the Township Engineer shall be binding
upon the property owner. Any waiver granted by the Township Engineer
shall be conditioned upon the payment by the property owner of a sum
equal to the cost of the installation of the sidewalks, curbs, gutters
and drywells (or any of these items so waived) which would otherwise
have to be installed. The calculation of the payment shall be based
upon estimates prepared by the property owner or its engineer and
submitted to the Township Engineer for review and approval. The funds
shall be deposited into the Township's general operating account and
be realized as general revenue of the Township.
[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.
[Added 12-19-2023 by Ord. No. 2023-34]
a. All residential
subdivisions, new residential development and new single-family dwellings
shall be required to install two (2) four (4") inch PVC conduit lines
along all property frontages.
b. All non-residential
properties may also be required to install two (2) four (4") inch
PVC conduit lines along all property frontages. This requirement will
be at the discretion at the Planning or Zoning Board.
c. For all
conduits required, the location and depth of installation of the conduit
lines shall be approved by the Township Engineer and shall be, if
feasible, in the public right of way. If the Township Engineer determines,
at the Township Engineers sole discretion, that the conduit cannot
be placed in the public right of way, the property owner shall provide
the Township with a permanent easement along all property frontages
and install the conduit lines within said easement. one (1) four (4")
inch PVC shall also be installed from the property frontage to each
dwelling.
In industrial and commercial zones all land areas not occupied
by buildings or parking areas shall be attractively maintained.
Where more than 50% of the street frontage in any block is developed,
the required front yard for any building shall be a depth not less
than the average depth of the front yards of all the existing buildings,
but in no case shall the front yard be less than 25 feet.
[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.
[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.
[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.
|
[1972 Code § 21-620]
A deck is considered an accessory structure provided it does
not include walls or a roof and further provided it does not include
a continuous foundation. In this case, the area of the deck shall
not be considered when computing maximum lot coverage. A deck may
or may not be attached to the principal structure. A deck must comply
with principal structure setbacks in all cases, and it must be installed
behind the front facade(s) of the principal structure. If walls or
a roof or a continuous foundation are included, the deck shall be
deemed to be a part of the principal structure, if attached to same
and an accessory structure if detached. If walls or a roof are included,
the area of the deck shall be considered when computing maximum lot
coverage.
[1972 Code § 21-621]
No shed will be higher than nine feet above ground level. No
shed shall have a floor area greater than 100 square feet. No shed
shall be constructed or erected within three feet from any property
line and no shed shall be located within the front yard. There shall
be no more than three sheds on any one residential lot.
[1972 Code § 21-622]
Where a developer proposes detention or retention basins as
part of a land development application, or where the Zoning Board
or Planning Board recommends the construction or installation of a
detention or retention basin, the developer's specific construction
proposal shall be reviewed by the Township Engineer, or his designee,
for public safety purposes; that review shall include considerations
of signs, fences, outlet control, and/or other means to reduce the
volume or velocity, as the case may be, of the flow of storm water
run-off. The Township Engineer, or his designee shall submit written
recommendations in accordance with generally accepted standards of
design, from a public safety viewpoint, to the applicant and to the
appropriate board. The Planning Board and the Zoning Board are hereby
granted authority to approve detention or retention basins on such
recommendation. See Plate B for design details. (Plate B, referred
to herein, may be found on file in the Planning and Zoning Office.)
[1972 Code § 21-623]
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.
[1972 Code § 21-624]
Where a developer installs utility or structural improvements,
on or off site, including but not limited to storm water, sanitary
sewer, gas or water lines, building foundations, electric or cable
television cables, etc., the developer's specific construction proposal
shall be reviewed by the Township Engineer, or his designee, for public
safety purposes. That review shall include considerations of depth
of excavation, time period for installation, depth to water table
and/or need for fencing, signage, backfilling, or other means to insure
the safety of the public until the installation of the improvements
is certified by the appropriate public officials to be complete. This
review shall be in addition to and shall supplement any review conducted
by the Department of Public Safety.
[Added by Ord. No. 2016-41]
The use of any portable storage unit shall be subject to the
following provisions:
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.
[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.
[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.
[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.
[§ 21-701 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:
There shall be no more than 15 units per acre in any garden
apartment development.
No permit shall be issued for a garden apartment development
consisting of less than 32 dwelling units.
All buildings, including garages, shall conform to a single
architectural design.
The exterior of all buildings shall be of brick or stone, except
that decorative trim may be utilized to cover not in excess of 20%
of the exterior surface, provided that such trim must be backed with
fire resistant material.
All dwelling units shall contain front and rear entrances. No
exterior staircases shall be permitted, and all staircases shall be
confined within the building.
Storage areas shall be provided for each dwelling unit with
a minimum area of 50 square feet per bedroom and a minimum headroom
of seven feet, exclusive of closet space within the apartment.
All dwelling units shall have cross-ventilation.
The applicant shall make provision for adequate fire protection
and safety and for the elimination of unnecessary traffic hazards.
Applicant must make provision for a superintendent to live upon
the premises, which superintendent shall be employed on a full-time
basis and whose occupation shall be the care, supervision and maintenance
of the garden apartment project in which he is employed.
In the layout of garden apartments on a lot or tract of land,
the following minimum distances shall be maintained:
§ 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.
|
The maximum length of any front facade shall not exceed 100
feet before a change in such facade is introduced. Such change shall
be a minimum of four feet.
In a garden apartment there shall be no living quarters in the
basement or cellar areas.
Pedestrian sidewalks shall be provided along both sides of all
new streets and in locations wherever normal pedestrian traffic will
occur.
Electric and telephone lines on the site shall be installed
underground.
Adequate facilities shall be provided for the handling of garbage
and trash by the installation of a raised platform, a minimum of three
inches from ground level for each garden apartment building, which
platform shall be enclosed or walled in with the same brick or stone
material as used on the main buildings. All garbage and waste receptacles
shall be stored and maintained on the platform, and there shall be
a minimum capacity of 40 gallons per dwelling unit. The height of
the wall or enclosure shall be at least the height of the garbage
or waste receptacle.
There shall be no more than eight dwelling units per building.
Central or individual air-conditioning units shall be provided
to permit each apartment unit to maintain throughout a temperature
of 72° F. when the outside temperature is 90° F. Where central
air-conditioning is installed, the temperature for each apartment
must be controlled individually.
No parking shall be permitted within the required setback area.
All internal streets shall be constructed to meet the standards
and specifications of the Township and shall provide not less than
a fifty-foot right-of-way and a thirty-foot paved width.
All parking lots shall be adequately lighted, either with wall-mounted
or post-mounted ornamental fixtures. Lights shall be adequately shielded
from adjoining residences.
[Ord. No. 11-22]
No portion of a garden apartment development or a senior citizen
housing development, nor any parking facility serving any such use,
shall be located within 500 feet of the bank of the Raritan River.
[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.
[1972 Code §§ 21-701A — 21-709A; New; Ord. No. 11-22]
Senior citizen housing may be permitted in the SCH Zone subject
to the following requirements:
Residents must be 62 years of age or older.
The maximum density shall be 20 units per acre.
Minimum off-street parking areas shall bye provided in accordance
with New Jersey State Housing Finance Agency guidelines.
Curbs and sidewalks shall be required. The parking areas shall
be connected by sidewalks to the principal building.
The front entrance to the principal building shall be so designed
so that passengers can be discharged from vehicles undercover.
Each unit shall be equipped with an air-conditioning system.
All setback and bulk requirements shall be in accordance with the Schedule of General Requirements, Section
21-501.
No portion of a garden apartment development or a senior citizen
housing development, nor any parking facility serving any such use,
shall be located within 500 feet of the bank of the Raritan River.
Any required approvals such as site plan approval of a proposed
garden apartment development or senior citizen housing development,
or any parking facility serving any such use within 1,000 feet of
the bank of the Raritan River, shall include an evacuation plan. The
evacuation plan shall address procedures and methods to be utilized
in evacuating the facility in the event of flooding or other emergency
event. The plan shall be forwarded to the Coordinator of Emergency
Management, Chief of Police and Township Fire Official for their comments,
recommendations and approval.
The development in the LI-1 and M-1 Industrial Zones of any
permitted use or permitted accessory use on a parcel of land which
is three acres or larger is forthwith subject to and to be in strict
accordance with the following schedule of bulk and density requirements:
Area: 129,000 square feet, Width: 250 feet, Depth: 250 feet.
Principal Building — Front: 75 feet, Each side:
40 feet, Rear: 50 feet. Accessory building — Front:
100 feet, each side: 40 feet, Rear: 50 feet.
Percentage of Lot Area — 45%.
Principal building — three stories, 40 feet;
Accessory building — 1 1/2 stories, 25
feet.
[1972 Code §§ 21-8 — 21-810]
[Amended in entirety 9-13-2022 by Ord. No. 2022-17. Prior history includes Ord. No. 10-21]
[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").
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
|
[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.
|
[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).
[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.
[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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Added 9-13-2022 by Ord.
No. 2022-17]
Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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).
[1972 Code § 21-9]
After application to the Administrative Officer for a zoning permit which is required as a condition precedent to the commencement of a use or the construction, erection, reconstruction, alteration, conversion or installation of a structure, building, parking lot, wall or other construction or change of use other than one-family residential use, an application shall be made to the appropriate municipal agency for a site plan approval. No zoning permit shall be issued by the Zoning Officer unless and until a site plan approval shall first have been granted by the appropriate municipal agency, except that no site plan approval shall be required for exempt site plans (see Definitions, subsection
21-3b) or for small additions and changes meeting the criteria of subsection
24-201.1 of Chapter
24, Site Plan Review.
[1972 Code § 21-10]
Compliance with Conditions and Standards. General uses listed
as a conditional use may be permitted by the Planning Board only after
it has been determined that the development proposal complies with
the conditions and standards set forth in this section for the location
and operation of such use.
[1972 Code § 21-1001]
In any residential zone other than the R-75 and R-10 Zones,
an applicant for a major subdivision may apply to the Planning Board
for a cluster development. Such application shall be accompanied by
a sketch plat indicating in general the plan and the area to be retained
in open space or used for other municipal purposes.
If, in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Master Plan, official map, or other codes and ordinances, and the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall request approval from the governing body that the open space or land resulting from the application of cluster development will be accepted by the Township. If approval is not granted within 60 days from the date of referral, the applicant may submit a cluster plan providing for ownership of common land in accordance with the procedures provided in subsection
21-1001.4b.
[1972 Code § 21-1001.1; New]
The maximum number of lots to be permitted shall be arrived
at in accordance with the following schedule:
Zone
|
Maximum Number of Dwelling Units Per Gross Acre
|
---|
R-15
|
2.49
|
R-20
|
1.803
|
RR-1
|
1.00
|
[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
c. Housing type — the same as allowed in the zone.
[1972 Code § 21-1001.3]
The Planning Board shall have full authority to approve or disapprove
the locations and proposed uses of lands required to be dedicated
in accordance with the foregoing and as guided in their decisions
by this section and the following:
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.
[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.
[1972 Code § 21-1002]
Applicants for public utility installations must prove that
the proposed installation is necessary for the efficiency of the public
utility system or needed to provide satisfactory service to the neighborhood
or area in which the use is to be located. The applicant must further
show that the design of any building to be erected in connection with
such facility which is to be located in a residential area conforms
to the general character of the residential area and will not adversely
affect the safety, comfort and enjoyment of property in the zone in
which it is located. The applicant must also provide for adequate
and attractive fencing and other safety devices and sufficient landscaping
including shrubs, trees and lawns, and must further agree to maintain
such landscaping.
[1972 Code §§ 21-1003 — 21-1003.2; Ord. No. 07-32; Ord. No.
10-03; Ord. No. 11-22]
Hospitals, churches or other places of worship, Sunday schools
and church schools, shall conform to the following conditions:
§ 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]
|
[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.
|
[1972 Code § 21-1005]
An educational institution below college level must contain
at least five acres of land and no structure shall be erected nearer
to any property line than 50 feet. Buildings will not occupy more
than 25% of the total lot area, and all other requirements as set
forth in this chapter for the zone in which the use is to be located
must be complied with. The applicant must prove that such use will
in no way be detrimental to the surrounding property values and that
the proposed use is within the intent and purpose of the zone plan
of the Township.
[1972 Code §§ 21-1006 — 21-1006.11]
A service station, public garage, shall conform to the following
requirements:
§ 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.
|
[1972 Code §§ 21-1007 — 21-1007.2-10;
New]
A hotel or motel shall be subject to the following principles,
standards, conditions, and safeguards contained in the following requirements:
The erection, alteration, or use of any building, structure,
group of structures or premises for a motel as hereinafter defined
is forbidden within the limits of the Township, except in the LI-5
Zone and, more particularly, on secondary arterial streets within
1/2 mile of an interchange with a major arterial street or on collector
streets within 1/4 mile of an interchange with a major arterial street.
The street designations are shown on the adopted Master Plan of the
Township.
No permit for a hotel or motel shall be granted unless all of
the following items and conditions are complied with:
§ 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.
|
[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.
|
[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.
|
Any use permitted as a conditional use in an M-1 or M-5 Zone as set forth in Section
21-501, Schedule of General Requirements shall be subject to the following conditions:
The applicant shall supply evidence, satisfactory to the Planning
Board or Zoning Board or to its designated representative, that the
proposed building, process, installation, production or other use
will conform fully to the following applicable performance standards:
[1972 Code § 21-1010.1-1]
No pollutant shall be discharged into any watercourse in the
municipality that exceeds the most stringent applicable State and
Federal regulations.
[1972 Code § 21-1010.1-2]
Waste into Sewage System. No industrial waste shall be discharged
into the public sewage collection and disposal system unless the appropriate
officials of the Township of Piscataway Sewer Utility or Middlesex
County Sewerage Authority, whichever has jurisdiction, shall have
first investigated the character and volume of such waste and shall
have certified that it will accept the discharge of the waste material
into the system. The applicant shall comply with any requirements
of the utility, including the pretreating of such wastes, control
of pH and other methods of improving such wastes prior to discharge,
as a condition to acceptance by the utility.
[1972 Code § 21-1010.1-3]
All uses and activities shall comply with applicable noise and
vibration standards of the State of New Jersey including the following:
No sound from any industrial operation which, when measured
at any residential property line, is in excess of any of the following:
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
|
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
|
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.
[1972 Code § 21-1010.1-4]
No process or use shall be permitted that produces heat to the
extent that the temperature has an adverse effect of any kind upon
adjoining properties and uses.
[1972 Code § 21-1010.1-5]
Any process producing intense glare or flashing of lights shall
be performed within a completely enclosed building in such manner
that no discomfort glare shall be disseminated beyond the building.
[1972 Code § 21-1010.1-6]
No smoke shall be emitted greater than that density described
as Number 1 on the Ringlemann Chart, as published by the United States
Bureau of Mines.
[1972 Code § 21-1010.1-7]
Processes involving the discharge of fly ash, dust, fumes, vapors,
gases or other forms of air pollution shall comply with the standards
set forth in the New Jersey Air Pollution Codes.
[1972 Code § 21-1010.1-8]
All activities involving flammable or explosive material and/or
storage of same shall, at a minimum, comply with the most stringent
standards and regulations set forth in the State Uniform Construction
Code and the New Jersey Uniform Fire Code.
[1972 Code § 21-1010.1-9]
At the request of the Planning Board, the applicant shall submit evidence, including test data, procedures and technical information, which is reasonable and appropriate in order to establish conformance with any of the performance standards set forth in subsection
21-1010.1.
The applicant shall furnish the Planning Board, the Zoning Board,
Health Department and Environmental Commission with a completed environmental
assessment questionnaire to be furnished by the Administrative Officer.
Such questionnaire shall include but not be limited to:
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.
The applicant shall furnish the above-named municipal agencies
with copies of all applications and permits presently on file or which
are applied for in the future with State and Federal agencies with
respect to discharges into air or water. These applications and permits
shall disclose quantities, chemical nature, and physical characteristics
of discharge such as, but not limited to, temperature and velocity.
[1972 Code § 21-1010.2-2]
The applicant shall furnish the agencies named in subsection
21-1010.2 with copies of applications to use banked emissions from other plant sites at the proposed facility.
[1972 Code §§ 21-1010.3 — 21-1010.3-2]
Uses with accessory outdoor storage areas, such as building
materials, equipment or outdoor storage tanks or vessels shall be
provided in such a manner that the contact of hazardous chemical substances
and salts with rainfall water, overland water flow and/or storm runoff
shall be prevented by adequate cover and containment mechanisms, including
sheds, impervious ground cover and berms, and shall be governed by
the following additional requirements:
As reasonably practicable and appropriate, outdoor storage facilities
shall be screened by a fence, wall or plantings where such facilities
are visible from adjoining properties, and shall meet all required
setbacks for the zones in which located.
All outdoor above-ground facilities for the storage of any hazardous
chemical substance shall be located at a minimum distance of 500 feet
from any residential development or Residential Zone. Tanks or drums
of fuel directly connecting with heating devices or appliances located
on the same premises as the tanks or drums of fuel are excluded from
this provision.
For the purposes of this section, a hazardous chemical substance shall be defined as any radioactive material or single substance or mixture containing a substance described in the following sections of the New Jersey Department of Environmental Protection "Proposed Hazardous Waste Management Regulations," N.J.A.C. Title 7, Subchapter F, Chapter
26, Subchapter 6, September, 1980:
6.12(e) and 6.12 (f) - specific chemicals listed
as acutely hazardous or toxic.
6.13 - specific chemicals shown to have toxic, carcinogenic,
mutagenic or teratogenic effects on humans or other life forms.
6.5(a) 2 - any chemical which is fatal to humans
in low doses or exhibits toxicity in animals as follows:
Oral LD 50 (rat) < 50 mg/kg, inhalation LC 50
(rat) < 2 mg/liter or dermal Ld 50 (rabbit) < 200 mg/kg.
6.6 through 6.9 - chemicals which exhibit the characteristics
of ignitability, corrosivity, reactivity or EP toxicity.
6.10 and 6.11 - chemical substances listed in the
hazardous waste streams from nonspecific and specific sources.
[1972 Code § 21-1010.4]
The applicant shall provide the municipal agency with a spill
prevention and containment control plan setting forth the manner in
which spillage of materials will be prevented and measures to be taken
in the event of a spill.
[1972 Code § 21-1011]
In the R-20A, R-15A, and R-10A Residential Zones, planned residential
development will be permitted with the conditions and standards contained
within this section.
[1972 Code § 21-1011.1]
To carry out the intent of this section, a planned residential
development district endeavors to provide:
a. 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.
[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.
[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:
(d)
Undesirable land use patterns.
(e)
Damage or destruction of significant plant or wildlife.
(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.
[1972 Code § 21-1011.3-1]
Within 45 days after the filing of a complete application pursuant
to this section, a public hearing shall be held by the Planning Board,
public notice of which shall be given in the manner prescribed in
the Municipal Land Use Law. The public hearing shall be held in the
same manner as for an application for preliminary subdivision approval.
[1972 Code § 21-1011.3-2]
Within 95 days following the submission of a complete application,
the Planning Board may grant preliminary approval of the plans as
submitted, grant preliminary approval subject to specified conditions
or deny preliminary approval. The granting or denial of preliminary
approval by written resolution shall include findings of fact related
to the specific proposal, and shall set forth the reasons for the
grant, with or without conditions, or for the denial, and said resolution
shall set forth with particularity in what respects the plan would
or would not be in the public interest including but not limited to
findings of fact and conclusions relative to the following:
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.
[1972 Code § 21-1011.3-3]
Preliminary approval of a plan shall not qualify a plat of the
planned residential development for recording, nor authorize development
or the issuance of any building permits.
A plan which has been given preliminary approval as submitted,
or which has been given preliminary approval with conditions which
have been accepted by the developer (and provided that the developer
has not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified, revoked or otherwise impaired by
action of the municipality pending an application or applications
for final approval, without the consent of the developer, provided
an application for final approval is filed within three years from
the date of preliminary approval or in the case of development over
a period of years, provided final applications are filed within the
periods of time specified in the resolution granting preliminary approval.
In the event that a plan is given preliminary approval and thereafter,
but prior to final approval, the developer shall elect to abandon
part or all of said plan and shall so notify the Planning Board in
writing, or in the event the developer shall fail to file application
or applications for final approval within the required period of time
or times, as the case may be, the preliminary approval shall be deemed
to be revoked and all that portion of the area included in the plan
for which final approval has not been given shall be subject to those
local ordinances applicable thereto as they may be amended from time
to time, and the same shall be noted in the records of the clerk of
the municipality.
[1972 Code § 21-1011.3]
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
ZONING BOARD
Shall mean the Zoning Board of Adjustment of the Township
of Piscataway.
[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.
[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Added 6-14-2018 by Ord.
No. 18-12]
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.
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.
a. That the district permits retail sales activities.
b. That the subject premises is not within 1,000 feet of any of the
following:
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;
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;
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.
[Added 11-26-2019 by Ord.
No. 19-29]
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.
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.
a. The district permits retail sales activities;
b. That the subject premises is not within 500 meters of any of the
following:
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;
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.
[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.
[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.
|
[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
[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.
[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.
[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.
|
[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.
|
[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.
|
[1972 Code §§ 21-1204 — 21-1204.3-6]
The following signs are permitted in the Education and Research
Zone:
All signs permitted in the Residential Zones.
Signs necessary for directional or safety purposes on the property.
All signs must be uniform in size, lettering, design and color. Permit
required.
The following signs may be displayed in connection with any
educational or research use and on the same lot therewith:
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.
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.
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.
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.
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.
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.
[1972 Code §§ 21-1205 — 21.1205; Ord. No. 06-45]
The following signs are permitted in the Shopping Center Zone:
All signs permitted in the residential zones.
Signs necessary for directional or safety purposes on the property.
Design, lettering, and color shall conform to that of the principal
sign.
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.
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.
[1972 Code §§ 21-1206.1 — 21-1206.4]
The following signs are permitted in the Hotel Conference Zone:
All signs permitted in the Residential Zones.
Signs necessary for directional purposes on the property. Design,
lettering, and color shall conform to that of the principal property.
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.
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.
[1972 Code §§ 21-1207 — 21-1207.9; Ord. No. 2016-41]
The following limitations shall apply to signs in all zones:
No sign with any lighting or control mechanism which may cause
radio or television interference shall be permitted.
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.
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.
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.
[Amended by Ord. No. 2016-41]
All signs in excess of 32 square feet shall require a building
permit.
All signs under 10 square feet must be set back a minimum of
10 feet from property line.
No sign shall be so placed as to interfere with a traffic light
or similar safety device.
No sign shall be moving or give the illusion of being moving.
Roof signs prohibited in all zones.
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.
[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]
|
[1972 Code §§ 21-1302 — 21-1302.6]
The following uses are permitted as accessory uses only:
Garbage and Trash Disposal Area.
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.
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.
[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.
[1972 Code § 21-1402; amended 1-30-2024 by Ord. No. 2024-01]
A non-conforming use shall not be enlarged or extended without
variance approval. A permitted single-family dwelling on a lot that
is non-conforming with respect to lot area, lot width or lot depth
may be constructed, altered or enlarged and an accessory structure
on a lot that is nonconforming with respect to lot area, lot width
or lot depth may be constructed, altered or enlarged without an appeal
for variance relief, provided that all other provisions of this Chapter
are complied with.
[1972 Code § 21-1403]
A nonconforming use shall be changed only to a conforming 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.
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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]
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
TOWNSHIP
Means 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.
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.
[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.
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.
[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.
[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.
[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
|
[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.
[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.
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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.
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.
[Ord. No. 06-23 § 21-21A.3]
There is hereby established the position of Municipal Housing
Liaison for the Township.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Prior ordinance history: Ord. No. 05-34, Ord. No. 06-20, Ord. No. 09-22]
[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.
[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.
[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.
[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.
[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.
[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.
[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;
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
|
[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.
[Ord. No. 06-09 § 29-26.2]
a. Principal Uses Permitted.
1. Residential Uses, Including:
(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.
(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.
(h)
Police, fire and rescue squad facilities.
3. Commercial Uses:
(a)
Retail and service uses, including:
(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:
(5)
Telecommunication offices.
(c)
Other commercial uses, which serve a civic purpose, including:
(4)
Sports and fitness centers.
b. Customary Accessory Uses Permitted.
1. Kiosks, street vending carts, sidewalk cafes.
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.
[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.
[Ord. No. 13-30]
a. Conditional Uses Permitted.
1. Tutoring and Learning Centers.
[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.
[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)
[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.
[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.
[Ord. No. 11-05 § 5]
a. Principal Uses.
1. Governmental buildings, including community centers, social centers,
cultural centers, swimming pools and other recreational activities.
[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.
[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.
[Ord. No. 2015-09]
a. All uses permitted in the LI-1 and LI-5 Zones.
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.
[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.
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.
[Ord. No. 2015-09]
a. Cellular towers and/or antennas are expressly prohibited within the
Redevelopment Area irrespective of underlying zoning.
[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.
[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%.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
|
[Ord. No. 2017-15]
a. Permitted Principal Uses.
1. Residential Uses, including:
(b)
Townhomes (including "row" style or "stacked" units).
(d)
College and graduate-student 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).
(d)
Stage performance theatres or movie theatres.
(e)
Office Uses, including:
(1)
Professional services, including medical offices and services.
(2)
General Business offices.
(4)
Telecommunications offices.
(f)
Healthcare uses, including:
(1)
Assisted Living facilities.
(5)
Physical therapy and rehabilitation facilities.
(7)
Pharmacies and drug stores.
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.
[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.
[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.
[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.
[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.
[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).
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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.
[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).