Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
On December 16, 1971, the Planning Board of the Township of East Windsor adopted the "East Windsor Township Master Plan", setting forth a comprehensive plan for the development of the Township, on June 11, 1979, the Planning Board of East Windsor Township adopted a Master Plan Update in accordance with the Municipal Land Use Law (P.L. 1975, c. 291).
This zoning chapter is based upon that comprehensive plan and, in enacting it, the Township Council has taken into account the following:
20-1.1 
The municipalities of the State are charged by the New Jersey Constitution and by law with enacting such building and land use regulations as will:
a. 
Provide opportunity for the industrial expansion taking place within the State.
b. 
Provide opportunity for adequate, safe and sanitary housing accommodations for all people at prices they can afford.
c. 
Provide opportunity for the commercial, recreational, cultural and other facilities which are vital to the proper functioning of a community.
d. 
Provide an environment which is not only healthful but conducive to happy living for the inhabitants of the community.
e. 
Provide adequate light, air and open space.
f. 
Secure safety from fire, flood, panic and other natural and man-made disasters.
g. 
Provide development which does not conflict with the development and general welfare of neighboring municipalities, the county and the State as a whole.
h. 
Promote establishment of proper population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions.
i. 
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
j. 
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 will result in congestion or blight.
k. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangement.
l. 
Promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the land.
m. 
Promote coordinated public and private activities shaping land development which will lessen the cost of such development and use land more efficiently.
n. 
Otherwise promote the general health, safety, morals and general welfare not only of the individual community but of the region of which the community forms a part and of the State.
20-1.2 
The State of New Jersey, located in the urbanized corridor that stretches between Boston, Massachusetts and Washington, D.C., is among the most densely populated in the Union.
20-1.3 
The growth of the State of New Jersey has created extreme pressures upon the municipalities of the State in their endeavor simultaneously:
a. 
To enact such building and land regulations as will meet the constitutional, statutory and judicial mandates hereinbefore set forth.
b. 
To do so within the framework of a system of taxation that places upon the owners of land the burden of an inordinate proportion of the cost of both local and State mandated government services needed in the State.
c. 
To absorb the impact of the further pressures resulting from the policy of the State and Federal governments to create and encourage major regional transportation facilities, (primarily in the form of superhighways), to link the various parts of the Washington-Boston urban corridor.
20-1.4 
The pressures on East Windsor are particularly acute because:
a. 
It lies midway between the New York and Philadelphia metropolitan regions.
b. 
Its location is ideal for industrial expansion.
c. 
It has been divided and redivided by major regional roadways and utility rights-of-way.
d. 
It has, in the recent past, had a population growth greater than that of any other municipality in the State.
e. 
Its local real property tax rate is approaching an intolerable level.
20-1.5 
At the present time East Windsor has the following pertinent land use characteristics:
a. 
Approximately 63% of the land in the Township is undeveloped or used for agriculture.
b. 
The bulk of this undeveloped or agricultural land is to the east of the New Jersey Turnpike and to the south of Hightstown between Route 33 and the New Jersey Turnpike.
c. 
Land development has not occurred in a sequential order and land has been developed when and where it has become available with little attention to or regard for long-range goals.
d. 
There has been a general lack of continuity of development in the built-up areas. As a consequence, roads are incomplete, and large and small parcels of land in random locations have been left undeveloped throughout the Township.
e. 
Land development has proceeded with little, if any, regard for water-courses and the wasteful and deleterious effects of construction in their flood plains.
f. 
There is a definite lack of developed park land in close proximity to residential concentrations.
g. 
East Windsor is physically bisected by several major highways dividing the Township into several definite geographic areas.
h. 
Arterial and strip commercial development has been occurring along the major highways, especially along Route 130. Although this type of consumer exposure is considered desirable by the retailer, continued commercial growth of, this nature will cause serious traffic hazards as traffic volumes inevitably increase.
i. 
New light industry has settled predominantly along Route 571 and, secondarily, to the east of the New Jersey Turnpike. It is predominantly industry that does not depend upon or look to rail traffic for movement of goods and supplies.
j. 
Residential development has occurred in the form of large scale subdivisions, either as single family dwellings on one-half acre plots, or as garden apartment developments, all located in random fashion throughout the Township. Twin Rivers, a planned unit development, is a self-contained residential community, offering predominantly town house residential units. There are a substantial number of rural single-family residences in widely scattered areas throughout the Township.
20-1.6 
It is the purpose and objective of this chapter to create a system of land use controls that, to the extent that it is possible for a single municipality to do so, will be responsive to the needs and pressures herein-before described. This chapter therefore has the following goals:
a. 
To recognize the land as a prime community resource that is both finite and irreplaceable, and to take steps to protect the land from poor development practices and to conserve appropriate lands for permanent open space and actively seek practical methods for preserving farm lands.
b. 
To establish the Township as a socially balanced and viable community by encouraging a full variety of housing types and a full range of job opportunities.
c. 
To recognize Hightstown as an integral part of the East Windsor community although politically independent.
d. 
To unify the Township through coordinated open space facilities and service needs by channeling new growth to infill areas containing infrastructure capacity so that it functions physically, socially and economically as an integral community rather than as an assemblage of large-scale developments.
e. 
To encourage the Township's development as a subcenter of commercial trade, serving local and area-wide needs.
f. 
To encourage the improvement and expansion of job opportunities for local and area residents.
g. 
To encourage that type of development which does not produce an intolerable tax burden on itself and other members of the community; this would include not only industrial or commercial development, but higher density residential as well.
h. 
To review and evaluate all development regardless of type of location, not only with regard to the physical character thereof, but in terms of the objectives set forth in this article as well.
20-1.7 
With these goals in mind, it is the intention of this chapter:[1]
a. 
To encourage appropriate industrial-office activities.
b. 
To create a town center as a mixed use area permitting retailing, services, municipal activities, cultural and recreation facilities and residential and industrial uses.
c. 
To permit and encourage automotive-oriented commercial service facilities at the interchanges of regional auto transportation arteries.
d. 
To permit a limited amount of highway-oriented strip commercial development, but to minimize further proliferation of uses such as fast food restaurants which intensify traffic congestion and adversely affect existing traffic patterns on roads like U.S. 130 at peak traffic hours.
e. 
To recognize the following residential categories:
1. 
Basic.
(a) 
Low Density Residential.
(b) 
Low-Medium Density Residential.
(c) 
Medium Density Residential.
(d) 
High Density Residential.
2. 
Special.
(a) 
Agricultural.
(b) 
Planned Unit Development.
(c) 
Planned Development.
(d) 
Small Lot Development.
(e) 
Preserved Neighborhood.
f. 
To preserve agricultural activities as part of the economic base of the Township.
[1]
Editor's Note: Ordinance No. 1982-16 provisions were deleted in view of a New Jersey Supreme Court decision which effectively invalidated this ordinance.
[Ord. No. 2013-05; Ord. No. 2017-01; Ord. No. 2018-10; Ord. No. 2018-11]
20-2.1 
Official Map. The map entitled "Official Map" East Windsor Township dated February 3, 1998, together with all notations thereon, together with the revisions and amendments to said map contained on a map entitled "Revisions of the Official Map, East Windsor Township" dated November 23, 1982, are together adopted as the official map of the Township, a copy of which is appended hereto and made a part hereof by reference and is on file in the office of the municipal clerk.
20-2.2 
Zoning Map. The map entitled "East Windsor Township Zoning Map," adopted July 28, 1976, together with all notations thereto and with the revisions and amendments to said map up to and including February 3, 2017, along with a "Supplemental Zoning Map" dated April 23, 2013, are adopted together as the "Zoning Map" of the Township of East Windsor, with a copy of each map attached hereto and made a part hereof by reference, and which are on file in the office of the municipal clerk.[1]
a. 
Amendments List:
1. 
For informational purposes, the area of East Windsor Township to be rezoned into the new "CR" Corridor Revitalization zoning district includes approximately 138.2 acres of developable land along the Route 33 corridor between Route 130 and Hightstown Borough, with approximately 94.6 developable acres currently zoned "HC" Highway Commercial and approximately 43.6 acres currently zones "I-O" Industrial Office.
2. 
The map entitled "Zoning Map, East Windsor Township, Mercer County, NJ," last dated February 3, 2017, is revised to add a new R-M2 Residential Multifamily 2 District, which shall comprise the parcel designated as Block 11.01, Lot 5 on the Township Tax Maps, to amend the boundaries of the R-O Research Office District by removing the parcel designated as Block 11.01, Lot 5 on the Township Tax Maps.
[Ord. No. 2018-10]
3. 
The map entitled "Zoning Map, East Windsor Township, Mercer County, NJ," last dated February 3, 2017, is revised to add a new overlay zoning district, R-M AH Residential Multifamily Affordable Housing District, which shall comprise the parcel designated as Block 5, Lot 2.02 on the Township Tax Maps.
[1]
Editor's Note: The Zoning Map may be found as an attachment to this chapter, and the Supplemental Zoning Map is on file in the office of the Municipal Clerk. The full color Zoning Map is published with the online Township Code.
Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this ordinance. Words used in the present tense include the future tense; words in the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" includes the words "plot" and "parcel"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" shall include the words "arranged, leased or intended to be used"; and the word "shall" is mandatory and not discretionary.
Whenever any standard or requirement is stated as part of a definition in this section, it shall be deemed to apply to any usage of the word or concept it defines as it appears in any other section of this ordinance.
ITEM
A subdivision of a subparagraph, designated by an Arabic number.
PARAGRAPH
A subdivision of a subsection, designated by a decimal number. Reference to a paragraph shall include all subparagraphs and items thereof.
SECTION
A major subdivision of this chapter designated by a whole number. Reference to a section shall include all subsections, paragraphs, subparagraphs and items thereof.
SUBPARAGRAPH
A division of a paragraph, designated by a letter of the alphabet. Reference to a subparagraph shall include all items thereof.
SUBSECTION
A subsection of a section designated by a decimal number. Reference to a subsection shall include all paragraphs, subparagraphs and items thereof.
Certain words and phrases used in the chapter are defined as follows:
ACCESSORY USE OR STRUCTURE
A structure or use which:
a. 
Is subordinate to and serves a principal building or a principal use.
b. 
Is subordinate in area, extent or purpose to the principal building or principal use served.
c. 
Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served.
d. 
Is located on the same lot as the principal building or principal use served.
ACCESSWAY
A single vehicular entrance-exit combination between a public street and a lot.
ALTERATION
A change or rearrangement of the structural parts or existing facilities of a building, or any enlargement or relocation of a building.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment. Use as a kennel shall only be for short-term boarding and shall be accessory to such hospital use.
ANIMAL KENNEL
Any building, structure or premises in which animals are kept, boarded or trained.
a. 
The gross land area of a lot within the property lines; expressed in square feet.
b. 
The ground area covered by the structure or structures, including malls where covered.
c. 
The gross land area within the property lines of a development.
d. 
The total floor area of all buildings in the project, including basements, mezzanines, and upper floors.
e. 
The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of interior partitions and from the inside face of exterior walls.
AUCTION HOUSE
A building where objects of art, furniture and other goods are offered for sale to persons who bid on each item in competition with each other. Open air auctions, such as vehicle auctions, are not included in this definition.
AUTOMOBILE SERVICE STATION or GASOLINE STATION
A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies and the performing of non-body repairs.
BASEMENT
A portion of a building having one-half or more, but less than all, of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be a story if used for business or dwelling purposes.
BUILDING
An enclosed structure having a roof supported by arches, column, piers or walls. This term shall include all structures, whether they may have wheels or other supports, which are used primarily in a stationary manner within the Township.
BUILDING HEIGHT
The vertical distance measured from the average finished grade at all foundation corners of the building or structure, or at not less than ten equidistant points in the case of a circular structure, to the highest point of the building excluding the chimney or any superstructure above the roof such as stair or elevator bulkheads, water towers, etc.
BUILDING SUBCODE OFFICIAL
The person or persons duly appointed to discharge the duties and functions of the office of the building subcode official of the Township.
BUILDING LINE
A line formed by the intersection of the finished grade and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface.
CARPORT
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLAR
A portion of a building having more than one-half of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit or for business purposes other than for storage. If a cellar is used for storage, it shall be a story.
CELLULAR ANTENNAS
Antennas which are used for the transmission and reception of wave frequencies for the purposes of any wireless telecommunication (e.g., 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 included within this chapter. For the purposes of this chapter, "cellular antennas" shall not be considered to be a "public utility."
CERTIFICATE OF OCCUPANCY
See the definition of "permit, occupancy."
COMMON OPEN SPACE
A parcel of land or an area of water or a combination of land or water within a development, designed and intended for the use or enjoyment of such development. Common open space shall not include parking areas or accessways thereto but may include such complementary structures including required landscaping buffers and improvements as are necessary and appropriate for the enjoyment of residents, users, and owners of the development.
Any land used or to be used by the East Windsor Regional School District or any municipal utilities authority or any agency providing municipal utilities shall not be considered part of common open space.
CONDITIONAL USE
Means 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 the zoning ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONTIGUOUS PARCELS
Lots or groups of lots which are under common ownership or control, having a common boundary and not separated by any other lots or any street other than a local or collector street.
COURT
Any area bounded on three sides by one or more structures.
a. 
The ratio of the building area to the lot or development area.
b. 
The ratio of the aggregate gross area of all impermeable surfaces to the lot or development area. Impermeable surfaces are those surfaces which do not absorb surface water directly into the underlying earth, including, but not limited to roof surfaces, parking lots, streets, walkways and plazas.
Decks shall not be considered in the calculation of improvement coverage if they allow for the passage of rainwater through the deck to pervious surfaces beneath.
CUL-DE-SAC
The end of a street which has been improved in conformance with the technical standards ordinance. The end of any street which has not been so improved shall not be a cul-de-sac for purposes of measuring lot requirements pursuant to this ordinance.
a. 
The ratio of the aggregate number of dwelling units to the lot or development area.
b. 
The ratio of the aggregate number of units to the portion of the lot or development area used exclusively for the dwelling units.
DEVELOPMENT
An area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity.
a. 
An area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity for a number of dwelling units together with a neighborhood center and common open space as well as industrial and commercial facilities.
b. 
An area of land owned or controlled by one landowner or group of landowners to be developed as a whole by a single entity for a number of dwelling units.
c. 
An area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity for a number of dwelling units exclusively in multifamily dwellings, together with common open space.
d. 
An area of land owned or controlled by one landowner or a group of landowners, to be developed as a whole by a single entity for a number of industrial or office buildings, together with common open space.
DWELLING
Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons.
a. 
A building containing one dwelling unit and completely surrounded by open space.
b. 
A building containing two or more dwelling units.
c. 
A detached residential structure containing one complete dwelling unit having a width of not less than ten feet and a length of not less than 40 feet designed for transportation, after fabrication, on streets or highways on its own wheels or on flatbed or other trailers. Any dwelling unit not meeting the minimum dimensional requirements hereof is a recreational vehicle as defined in this section.
d. 
A building containing two single family dwelling units which are attached along a common party wall.
e. 
A dwelling unit in a multi-family dwelling containing three or more dwelling units, which dwelling unit extending from the ground to the roof with individual outside access and no interior rooms or hallways shared with other dwelling units.
f. 
A dwelling unit in a multifamily dwelling containing three or more dwelling units separated vertically as well as horizontally with each unit having its own private entrance.
[Ord. No. 2017-01 § 1]
DWELLING UNIT
One or more rooms, occupied or intended for occupancy as separate living quarters by one family or household with access directly from the outside or from a common hall with separate cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of the occupants thereof.
FAMILY
Any number of persons related by blood, marriage or living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
FARM
An area of land actively devoted to agricultural or horticultural uses or the ownership, care, breeding or raising of animals. Farm activity shall be deemed to include on-site residence for farm owners and employees.
FLOOR AREA RATIO (F.A.R.)
The floor area ratio of the building or other structure on any lot or development is determined by dividing the gross floor area of such a building or structure by the area of the lot or development on which such building or structure is located. When more than one building or structure is located on the lot or development then the floor area ratio is determined by dividing the total gross floor area of all buildings or structures by the area of all buildings or structures by the area of the lot or development. The floor area ratio requirements, as set forth under each district, shall determine the maximum gross floor area allowable for buildings and other structures in direct ratio to the gross area of the lot of development.
GARAGE
A building or structure used for the storage of one or more vehicles. If maintained primarily for the convenience of the resident occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.
GRADE, FINISHED
The completed surfaces of lawns, landscaped areas, driveways, walks and roads.
HOTEL
A building or group of buildings whether detached or in connected units used as individual sleeping accommodations for transients and having access through a common lobby or corridors.
HOME BUSINESS ACTIVITIES
Any person may utilize his home for any lawful activity providing that:
a. 
No nonresident is employed in the home; and
b. 
There is no external display of goods or any outdoor activity except as permitted in this paragraph, or advertising on the premises other than an identification sign not to exceed two square feet.
c. 
Any advertising shall list only the telephone number and not the street address of the home.
d. 
Such use does not occupy more than 25% of the gross floor area of the home, including the garage area; and
e. 
No noise shall be audible to adjacent property owners to interfere with the quiet enjoyment of their property; and
f. 
Such use of the home shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their properties by causing air pollution, including noxious odors, or water pollution; and
g. 
In case of babysitter services or small nurseries operating under this section, outdoor activities for children shall be limited to one hour in the morning and one hour in the afternoon.
HOUSEHOLD
A group of persons related by blood, marriage or otherwise living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
JUNK YARD
An area, lot or parcel used for the storage, sale or abandonment of junk, including scrap metal and other materials, or for the dismantling, demolition or abandonment of any nonoperable mechanical equipment, machinery, or unregistered vehicles, or parts thereof. A junk yard shall not include the storage, for processing or use, of discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
LANDOWNER
The legal or beneficial owner of land including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
LANDSCAPE BUFFER
An area of land restricted to landscape elements which may include lawns, plantings, natural features, sculpture, lighting and pedestrian parks, but not including motor vehicles or driveways, extending along the side and rear lot lines. The width of a landscape buffer shall be measured at right angles to the lot line.
LANDSCAPE STRIP
A strip of land restricted to landscape elements which may include lawns, plantings, natural features, sculpture, signs, lighting, and pedestrian and bicycle pathways, but not including vehicle parking, extending along the entire frontage of the lot. The width of a landscape strip shall be measured at right angles to and beginning from the front lot line.
LOT AREA
The total area within the lot lines of the lots, excluding street right-of-ways. On individual building lots, the minimum lot area requirements of this chapter shall be met on land which lies outside identified wetlands and flood hazard areas.
LOT
A piece or parcel of land occupied or intended to be occupied by one building and the accessory buildings or uses customarily incidental to it or by more than one building when permitted by this chapter, together with the open spaces required by this ordinance, and having frontage on an improved street. The aggregate of all lots or parts of lots shown on a map filed with the Mercer County clerk or shown on the tax map of the Township and used for a single building or development shall be deemed to be one lot for purposes of this chapter.
a. 
LOT, CORNER: A lot at the junction of, and abutting on, two or more intersecting streets, where the interior angle of intersection does not exceed 135 degrees. A lot abutting a curved street shall be deemed to be a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 degrees. Corner lots shall be deemed to have two front yards but such lot shall be deemed to have at least one side yard. An applicant may, subject to the approval of the zoning officer, designate one yard as a side yard for purposes of complying with any provision of this ordinance.
b. 
A lot other than a corner, with only one front lot line.
c. 
A lot other than a corner lot which extends from one street to another.
LOT DEPTH
The general average of the distance from the front lot line to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT FRONTAGE
The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum lot frontage shall not be less than 50% of the required minimum lot width.
LOT LINE
A line forming the boundary of a lot.
a. 
See Street Line.
b. 
The lot line opposite and most distant from the front lot line.
c. 
Any lot line other than a front or rear lot line.
LOT WIDTH
The distance between the side lines measured parallel to the front lot line at the minimum front yard setback line.
MOTEL
A building or group of buildings, not including mobile homes or recreational vehicles, whether detached or in connected units, used as individual sleeping accommodations for transients and having access directly to the outside and not through a common lobby or corridor.
NONCONFORMING STRUCTURE OR USE
Any structure or use lawfully in existence before the effective date of this chapter which does not conform to regulations of this chapter for the district in which it is located.
NURSING, REST, CONVALESCENT HOME
An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
PARKING AREA, PRIVATE
An open area used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants of the use to which the parking is accessory. Parking in nonresidential zones need not be on the same lot as the principal building if permitted in a site plan approval pursuant to Subsection 20-5.3.4 of this ordinance.[1]
PARKING AREA, PUBLIC
Any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public whether for a fee, or without compensation, or as an accommodation for clients, customers, or employees. Parking in nonresidential zones need not be in the same lot as the principal building if permitted in a site plan approval pursuant to Subsection 20-5.3.4 of this ordinance.
PARKING SPACE
An off-street space available for the parking of a motor vehicle.
PATIO HOME
A detached dwelling on one lot or within a lot held in common ownership having as a major design feature a visually private outdoor living space called a patio, contiguous to and structurally contained by that dwelling unit.
PEDESTRIAN PARKS
An area of land designed and used as a permanent passageway for pedestrians and nonmotorized bicycles and other nonmotorized vehicles.
PERMIT, CONSTRUCTION
A permit issued by the building subcode official acting pursuant to the construction code.
No permit shall be issued unless and until the applicant has complied with all requirements of the Township Zoning, Subdivision and Technical Standards Ordinances.
PERMIT, OCCUPANCY
Certificate of occupancy: A certificate issued by the building subcode official which permits use of the building in accordance with approved plans and specifications and which certifies compliance with provisions of law for the use and occupancy of the building together with any special stipulations or conditions as attached thereto, including the requirements of escrow deposits to insure full compliance with Township regulations and specifications.
No permit shall be issued unless and until the applicant has complied with all requirements of the Township Zoning and Subdivision Ordinances.
PERMIT, ZONING
A permit issued by the zoning officer, prior to issuance of a building permit certifying that the proposed building or alteration or use of land meets all requirements of this ordinance.
PERSON
Any association, partnership, corporation, cooperative group, trust or other entity as well as an individual.
PRINCIPAL USE
The main use of land or building as distinguished from an accessory use.
PRINCIPAL BUILDING
A building that is used or designed to be used for the principal use on the lot.
PUBLIC UTILITY USES (HEAVY)
The following uses operated by any public utility authorized to do business in New Jersey; bus garages; gas utility service substations; railroad right-of-way and industrial spur tracks; microwave relay towners; sewerage treatment plants; water filtration plants; water reservoirs.
PUBLIC UTILITY USES (LIGHT)
The following uses operated by any public utility authorized to do business in New Jersey: electric and telephone substations and distributional centers; gas regulator and meter stations; pumping stations.
RECREATIONAL VEHICLE
Boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
RESTAURANT or RESTAURANT, FAST FOOD
Any establishment, however designed, at which food is sold for consumption within the principal structure. The term restaurant shall not include the term drive-in restaurant.
RESTAURANT, DRIVE-IN
An establishment where patrons are served food, soft drinks, ice cream and similar confections primarily for consumption other than in the principal structure.
RESTAURANT, FAST FOOD
A restaurant which:
a. 
Is primarily designed for over-the-counter sale of ready to eat foods and beverages in disposable containers from a limited, standardized menu. The food so served is intended for immediate consumption by the purchaser; or
b. 
Sells food through a drive-through service window; or
c. 
Does not have waiter/waitress service at dining tables.
Retail food stores selling foods in bulk primarily for preparation or consumption off the premises, such as delicatessens, bakeries, or dairy stores, shall not be deemed to be fast food restaurants simply because of incidental sales of individual portions for immediate consumption.
RETAINING WALL
A structure designed for the separation of varying ground levels.
ROADSIDE STAND
A structure having three or more enclosed sides intended for the sale of farm product or nursery material, a majority of which is grown or raised on the premises.
SCHOOL
Any public or private institution offering instruction for students up to and/or through the secondary level.
SCHOOL, COMMERCIAL OR BUSINESS
A training institution operated on a profit or nonprofit basis offering instruction in stenographic, secretarial, accounting, data processing, and related skills associated with the conduct of a commercial, business or administrative office.
SCHOOL, TRADE OR VOCATIONAL
A training institution operated on a profit or nonprofit basis offering instruction and/or experience training to students, journeymen, apprentices or comparable categories of persons in the operation of industrial, construction, or electronics machinery or equipment, construction, trades or similar skills.
SIGN
Any device (whether or not permanent, mobile or portable), structure, or object that provides visual communication to others, including billboards. The word sign shall not include:
a. 
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants, or other identification of premises not having commercial connotations.
b. 
Flags, signs, and insignia of any government, public, semipublic, civic, political, charitable or religious groups, except when displayed in connection with any commercial promotion.
c. 
Legal notices, identification, informational or directional signs erected or required by governmental bodies.
d. 
Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.
STORY
That portion of a building, included between the surface of any floor and the surface of the floor next above it, and if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET
Any approved and improved travelled way which is an existing State, county or local municipal roadway, or a street or way shown upon a plat heretofore or hereafter approved pursuant to law or approval by official action, or a street or way on a plat filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats, and includes the lands between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter, streets shall be classified as expressways, arterial streets or roads, collector streets or roads, or local streets or roads, such classification to be determined by the Planning Board.
STREET LINE
The dividing line between a lot and the street right-of-way, at the end of any street, except a cul-de-sac approved in accordance with the Technical Standards Ordinance, frontage shall be measured parallel to the street line or any extension thereof.
STRUCTURE
Anything built, constructed or erected with a fixed location on or below ground or attached to something having a fixed location on the ground including, but not limited to, buildings, radio and television towers and antennae, utility poles and towers, fences, signs, swimming pools and shelters, but excluding walks, walkways, parking areas, driveways, streets and roads.
SWIMMING POOL
Any structure designed for swimming or wading having a depth greater than two feet and a length or diameter greater than ten feet.
TRANSITIONAL LOT
The first residentially zoned lot (or lots in common ownership) having a side yard adjoining the side line of a lot in a Highway Commercial or Neighborhood Commercial zone fronting on the same street, and extending into the residential zone no more than two times the minimum lot frontage of the residential zone in which the lot is located.
USE
Any purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARD
An open space which lies between a principal or accessory building or buildings and the nearest landscape buffer, where a landscape buffer is required, or the nearest lot line where no landscape buffer is required and which is unoccupied and unobstructed from the ground upwards.
a. 
A yard extending the full width of the lot between a principal building and the front lot line. The depth of the front yard shall be measured at right angles to the front lot line. On a corner lot, each yard abutting a front lot line shall be a front yard.
b. 
A yard extending across the full width of the lot and lying between the rear line of the lot or the landscape buffer if required, and the nearest line of the principal or accessory building. The depth of a rear yard shall be measured at right angles to the rear lot line to a point in the rear building line nearest to the rear lot line or landscape buffer if required.
c. 
A yard lying between the side line of the lot or landscape buffer if required and the nearest line of the principal or accessory building extending from the front yard to the rear yard. The width of a side yard shall be measured at right angles to the side line of the lot.
ZERO LOT LINE HOME
A detached dwelling on one lot or within a lot held in common ownership. One wall of the dwelling can be located on a side property line. Side, rear or front yards may be enclosed by walls or form visually private outdoor spaces or yards. An easement for maintenance of the adjoining lot is one of the requirements of this type of construction. Windows on the lot line side of the dwelling are prohibited.
[1]
Editor's Note: See now Ch. 19A for site plan requirements.
[Ord. No. 1976-21; Ord. No. 1981-13 § 16; Ord. No. 1994-25 § 1; Ord. No. 2013-05 § 2; Ord. No. 2017-01; Ord. No. 2018-10; Ord. No. 2018-11]
The following districts are hereby created:
R-A
Rural Agricultural
R-E
Rural Estate
R-1
Residential Low Density
R-2
Residential Low Density
R-3
Residential Medium Density
R-M
Residential Multifamily
R-M AH
Residential Multifamily Affordable Housing
R-M1
Residential Multifamily 1
R-M2
Residential Multifamily 2
S-L
Residential Small Lot
PRC
Planned Retirement Communities
PAC
Planned Adult Community
PUD
Planned Unit Development
MH
Manufactured Housing
NC
Neighborhood Commercial
HC
Highway Commercial
TC
Turnpike Commercial
R-O
Research Office
I-O
Industrial Office
ARH
Age-Restricted Housing
CC
Community Commercial
CR
Corridor Revitalization
The following classes of uses are hereby created for the districts:
20-4.2.1 
Permitted Uses:
a. 
Only those uses of land, buildings and/or structures which are specifically designated as a "principal use" or as an "accessory use" or as a "conditional use" for a subject zoning district are permitted in accordance with the terms of this chapter; and
b. 
Conversely, any uses of land, buildings and/or structures which are not specifically designated as a "principal use" or as an "accessory use" or as a "conditional use" for a subject zoning district are prohibited, except, and not withstanding any other section of this chapter to the contrary, for the following:
(1) 
The use of land and/or buildings by the Township of East Windsor is permitted in all zoning districts;
(2) 
Fire and rescue facilities authorized by the Township of East Windsor are permitted in all zoning districts; and
(3) 
In accordance with N.J.A.C. 40:55D-66.1 of the Municipal Land Use Law, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted uses in the "R-A," "R-E," "R-M," "R-1," "R-2," "R-3," "S-L" and "PUD" residential zoning districts within East Windsor Township, in accordance with the applicable requirements of the subject zoning district for non-clustered single-family detached dwelling units, and in accordance with the definitions of these uses at N.J.A.C. 40:55D-66.2 of the Municipal Land Use Law.
20-4.2.2 
Conditional Uses: Those uses of land or of building or structure which are specially permitted under certain conditions upon approval by the Planning Board. Conditional uses are created because it is recognized that certain uses, activities and structures may be necessary to serve the needs and convenience of the public. However, it is also recognized that such uses may be or become inimical to the public health, safety and general welfare if their establishment and use are permitted at any and all locations in a district without proper consideration being given to the master plan, existing conditions and the character of the surrounding area.
The Planning Board, in exercising its discretionary power to grant conditional uses shall be governed by any standard set forth in this chapter for the particular conditional use, as well as the following standards:
a. 
The use for which application is made shall be one that is specifically authorized by this chapter as a conditional use and shall comply with all applicable regulations for the district in which located.
b. 
The proposed design, arrangement and nature of the particular use shall be such that the public health, safety and welfare will be protected and promoted and reasonable consideration afforded to the:
(1) 
Character of the neighborhood and district.
(2) 
Conservation of property values.
(3) 
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(4) 
Potential congestion of vehicular traffic or creation of undue hazard.
(5) 
Principles and objectives of this chapter and the master plan of the Township of East Windsor.
All lots, structures, uses of land and structures and characteristics of use which were lawful before the effective date of this chapter, but which would be prohibited under the terms of this chapter may be continued. The following regulations shall apply:
a. 
Lot size: No nonconforming lot shall be further reduced in size.
b. 
Bulk requirements: No building or other structure which is nonconforming with respect to yards, coverage, height or other requirements shall be enlarged, extended or increased so as to increase the degree of nonconformity thereof.
c. 
Use: No nonconforming use shall be expanded, altered or enlarged.
d. 
Abandonment: It shall be prima facie evidence of intention to abandon a nonconforming use or structure if either:
1. 
It is converted into a conforming use or structure.
2. 
The nonconforming use ceases, for 12 consecutive months.
e. 
Reversion: No nonconforming use shall if once changed into a conforming use, be changed back into a nonconforming use.
f. 
Restoration: Any nonconforming building or other structure may be rebuilt, restored or repaired in the event of partial destruction thereof. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof of a nonconforming building which has been declared unsafe by the construction official.
g. 
Construction approved prior to this chapter: Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this chapter and upon which actual building construction has been carried on without interruption, except to causes beyond the control of the developer. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding pursuant to a validly issued building permit, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on without interruption except due to causes beyond the control of the developer.
h. 
Nonconforming lots of record: Notwithstanding any limitations imposed by other provisions of this chapter, in any district in which dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any lot of record which, on the effective date of this ordinance, was owned separately from that of any contiguous lots. Any variation from the applicable yard dimensions and requirements shall require approval by the zoning board of adjustment.
Subject to the provisions of this chapter, accessory uses shall be permitted in all districts. The following regulations shall apply:
a. 
Accessory uses such as the following are permitted in required yards and on required common open space:
(1) 
Statuary arbors, trellises, flag poles and hedges.
(2) 
Signs, subject to the requirements of Subsection 20-5.16.
(3) 
Children's recreational equipment such as swings, see-saws, slides and jungle gyms.
(4) 
Basketball courts, provided that in front yards such basketball courts may only be placed on asphalt or concrete driveways or turning areas.
b. 
Accessory uses such as the following are permitted in common open space. Public or development owned:
(1) 
Child's playhouse.
(2) 
Swimming pools and bath houses.
(3) 
Tennis courts and platform tennis courts.
(4) 
Basketball courts.
(5) 
Community center.
(6) 
Barbecue stoves.
(7) 
Statuary, arbors, trellises, flagpoles.
(8) 
Signs - subject to the requirements of Subsection 20-5.16.
(9) 
Children's recreational equipment such as swings, seesaws, slides and jungle gyms.
c. 
Accessory uses such as the following are permitted in rear or side yards, but not common open space.
(1) 
Private swimming pools and bath houses, except that filtering equipment for swimming pools may be located no less than one foot from the side or rear property line.
(2) 
Private tennis courts and platform tennis courts.
(3) 
Private garages or carports, not to exceed the following capacity:
(i) 
For a single family residence: three cars.
(ii) 
For a multiple family residence: two cars per dwelling unit.
(4) 
A guest house or rooms for guests in an accessory building provided such facilities are for the occasional housing of guests of the occupants of the principal building, and not as rental units or for permanent occupancy as housekeeping units.
(5) 
Laundry drying equipment.
(6) 
Fall-out shelters; provided that they shall not be used for any principal or accessory use not permitted in the zone.
(7) 
Off-street parking and loading spaces.
(8) 
Storage of recreational vehicles.
(9) 
Restaurants, drug stores, gift shops, cocktail lounges, and newsstands when located within a permitted hotel, motel or office building.
(10) 
Employee restaurants and cafeterias when located within a permitted business or manufacturing building.
(11) 
Barbecue facilities.
(12) 
Vending machines accessory to the principal commercial use on a lot.
(13) 
Patios.
(14) 
Solid waste storage areas subject to approval as to storage and screening methods, including fencing of up to eight feet in height; provided, however, that screen fencing of up to eight feet in height shall be permitted for solid waste storage areas in garden apartment complexes, townhouse complexes and similar multi-family residential developments.
(15) 
Fences and walls shall be permitted as accessory uses in rear and side yard areas only, except and in accordance with the following:
(i) 
No fence or wall shall be permitted in any common open space;
(ii) 
The provisions of this subsection shall not apply to fences and walls within the "PUD" planned unit development zoning district, and said fences and walls shall be governed by the covenants creating the development;
(iii) 
Within any residential zoning district, any fence or wall shall not exceed five feet in height within a rear or side yard of a residential lot less than 10,000 square feet in area and shall not exceed a height of six feet within a rear or side yard of a residential lot 10,000 square feet in area or larger. Moreover, on any corner residential lot with two front yards, a fence or wall shall be permitted in one of the front yards in accordance with the provisions specified in Subsection 20-4.4c(15)(vi) hereinbelow;
(iv) 
Within any nonresidential zoning district, fences and walls shall not exceed eight feet in height in side and rear yard areas. Moreover, additional fencing may be permitted within front yard areas only when clearly needed for security purposes and only when specifically approved by the Planning Board or zoning board of adjustment, as the case may be, as part of a site plan submission;
(v) 
Any fence or wall within the rear or side yard of any lot in any zoning district shall be permitted to be constructed on the property line with the written permission of the adjoining property owner, and such fence or wall shall be finished on both sides. Where written permission of the adjoining property owner is not secured, the fence or wall shall be constructed no closer than six inches to the property line, and such fence or wall shall have a finished side facing the property line;
(vi) 
On any corner lot within a residential zoning district, in addition to the fences and walls permitted on the rear and side yards in accordance with Subsection 20-4.4c(15)(iii) hereinabove, a fence or wall shall be permitted within the one front yard that is located between the side of the single-family detached dwelling and the street line subject to the following conditions:
[1] 
Such fence or wall shall be no higher than five feet in height on a residential lot less than 10,000 square feet in area and shall be no higher than six feet on a residential lot 10,000 square feet in area or larger;
[2] 
Such fence or wall shall be set back from the subject street line a distance no less than one-half the front yard setback distance required for the single-family dwelling in the zoning district where located; and
[3] 
Such fence shall have a finished side facing the street line;
(vii) 
On residential lots which have reverse frontage, other than corner lots, the portion of the lot situated between the rear of the single-family detached dwelling unit and the street line shall be considered a rear yard and the fence and wall provisions specified in Subsection 20-4.4 hereinabove shall appropriately apply. Such fence or wall shall be constructed with a gate in order to provide access to that area between the fence and the paved cartway of the street for maintenance purposes;
(viii) 
On any lot, if a fence or wall is to be constructed on a portion of the lot encumbered by an easement, written permission shall be secured from the party with the rights to the easement prior to construction. Moreover, any fence or wall shall be of a type and shall be constructed to permit the free flow of surface stormwater; and
(ix) 
Except as may be approved by the Planning Board or zoning board of adjustment, as the case may be, as part of a site plan submission for a nonresidential development, no fencing shall be electrified and/or topped with barbed wire or other hazardous material.
d. 
Private storage structures or bath houses having a gross floor area of less than 100 square feet, children's playhouses and dog houses may be located one foot from the rear or side property line. Accessory buildings of 100 square feet or larger shall be subject to setback requirements of this chapter as set forth in the schedule of bulk regulations.
The nearest inside face of the swimming pool shall not be less than ten feet from the side or rear property line.
e. 
Only those accessory structures or uses set forth in Subsection 20-4.4 a(1) and (2) shall be permitted in any required front yard.
In addition, passenger automobiles in operable condition may be parked in driveways in front yards.
All development shall be consistent with the goals and objectives of the master plan of East Windsor Township, Mercer County, New Jersey as adopted and, from time to time, amended by the Township Planning Board.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except municipal facilities, and except as hereinafter provided.
20-4.6.1 
No buildings, structure, or land shall hereinafter be used, filled, improved for use, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or altered except in conformity with all of the regulations for use set forth in the respective sections of this ordinance governing each zone and the requirements in said sections regulating the bulk requirements as set forth in general terms in Subsection 20-4.6.2 or as regulating the number of stories or sizes of structures, floor area, ratios or other ratios limiting intensity of land use. Relief from any of the foregoing use or bulk requirements shall require a variance pursuant to N.J.S.A. 40:55D-70c and/or 40:55D-70d. Waiver or modification of any other standards set forth herein may be given by the municipal agency reviewing any development application if they find it in the public interest to do so.
20-4.6.2 
No building or other structure shall hereafter be erected or altered:
a. 
To exceed the height or bulk requirements.
b. 
To accommodate or house a greater number of families.
c. 
To occupy a greater percentage of lot area.
d. 
To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this ordinance, except as modified by decision of the zoning board of adjustment.
20-4.6.3 
No part of a yard, or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, unless otherwise approved by the agency reviewing the application.
20-4.6.4 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein.
20-4.6.5 
Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this chapter.
Where uncertainty exists as to the boundaries of districts as shown on the official map, the following rules shall apply:
20-4.7.1 
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed as following such center lines.
20-4.7.2 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
20-4.7.3 
Boundaries indicated as approximately following Township lines shall be construed as following such Township limits.
20-4.7.4 
Boundaries indicated as following railroad rights-of-way shall be construed as following the center line of such rights-of-way.
20-4.7.5 
Boundaries indicated as approximately following the center lines of streams, rivers, lakes or other bodies of water, or waterways shall be construed as following such center lines.
20-4.7.6 
Boundaries indicated as parallel to or extensions of features indicated in Subsections 20-4.7.1 through 20-4.7.5 above shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.
20-4.7.7 
Where physical or man-made features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by Subsections 20-4.7.1 through 20-4.7.5 above, the board of adjustment shall interpret the district boundaries.
20-4.7.8 
Where more than 80% of a lot having an area of ten acres or less falls within one district the entire lot may be developed without a use variance as if it were all within the district within which the 80% falls. Where more than 80% of a lot having an area greater than ten acres falls within one district the permitted uses of the larger portion of the lot shall be deemed conditional uses in the smaller portion and the owner may apply to the Planning Board to approve use of the entire property for any use permitted on the larger portion thereof.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that all requirements of this chapter shall be met for each structure.
The height limitations in the district regulations do not apply to church spires or belfries, or mechanical equipment, and receiving antennas no higher than 15 feet above the height limitation in the applicable district.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
This chapter is not intended to abrogate, annul or otherwise interfere with any existing easement, covenant or any other private agreement or legal relationship; provided, however, that where this ordinance is more restrictive, or imposes higher standards or requirements than such easements, covenants or other private agreements or legal relationships, this chapter shall govern.
It is hereby declared that the several provisions of this chapter are separable, in accordance with the following rules:
(1) 
If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this chapter.
(2) 
If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this chapter to a particular property or structure, such judgment shall not affect the application of the provisions to any other property or structure.
The following uses and structures are permitted in the floodway and special flood hazard zones as such zones are defined pursuant to Section 22-24 of the Technical Standards Ordinance and the Flood Damage Prevention Code established thereunder.
a. 
Floodway.
(1) 
It shall be unlawful to erect, remodel, or alter any permanent structure, or to fill in, on any floodway district.
(2) 
Agricultural uses in the nature of farming, grazing, livestock raising, horticulture, nurseries and forestry shall be permitted.
(3) 
Recreational uses in the nature of parks, playgrounds, golf courses and golf driving ranges, boat landings and docks, picnic grounds, outdoor rifle and skeet shooting ranges, and transient amusement enterprises as circuses, rides and shows shall be permitted.
(4) 
In no event shall any use be permitted pursuant to which persons would assemble in the zone regularly if those persons could not reasonably be expected to leave the zone within 30 minutes during a flood emergency without help from another person.
b. 
Special flood hazard zones.
(1) 
All uses in the floodway are permitted.
(2) 
Structures for nonresidential uses, provided that these structures do not have a floor area in excess of 400 square feet.
(3) 
In no event shall any use be permitted pursuant to which persons would assemble in the zone regularly if those persons could not reasonably be expected to leave the zone within 30 minutes during a flood emergency without help from another person.
In the event that any variance is granted to allow any use or structure such use or structure shall comply fully with all provisions of Flood Damage Prevention Code established pursuant to Section 22-24 of the Technical Standards Ordinance.
a. 
No more than one building permit shall hereafter be issued for any detached single-family dwelling, other than a zero lot line or patio home, to be erected in a major residential subdivision if the dwelling is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same side of the street within two lots (including detention basin/open space lots) of a dwelling then in existence or for which a building permit has been issued or is pending, except where the front elevations are substantially like the one building most directly opposite its front orientation. On a cul-de-sac, lots which have any portion of their lot frontage on the arc of the turnaround shall be considered to be on the same side of the street for the purposes of this section. Houses shall be considered dissimilar in exterior design and appearance if they have at least three of the following six characteristics:
1. 
A difference in the height of the main roof ridge above the elevation of the first floor.
2. 
Differences in roof appurtenances (e.g., dormers, gables, pigeon stoops, and cupolas).
3. 
Differences in front facade siding materials (e.g., masonry vs. synthetic siding).
4. 
Reverse elevation design.
5. 
Differences in the relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
6. 
Differences in the relative location of porch or garage elements of the front facade, or other relief or variation in the front facade (e.g., jogs, bays).
b. 
In addition to the requirements specified above, there shall not be less than two separate basic house designs in every residential subdivision consisting of eight or more lots, and not less than three basic house designs where there are 15 or more lots, and not less than four basic house designs where there are 25 or more lots.
c. 
In order to provide market flexibility, it shall not be necessary to select specific house designs for each lot at the outset, but in the alternative these decisions can be made as requests for building permits are submitted. The developer shall have the responsibility to provide the zoning officer with sufficient information at any stage in the development process to assure that the provisions of this section are addressed throughout the development.
a. 
The purpose of this section is to provide flexibility in residential design, encourage energy conservation through flexibility, building orientation, reduce residential development costs, and provide a method of providing sufficient space in appropriate locations for agriculture, open space, common property, conservation, schools, recreation, parks and land for other public purposes by permitting a reduction in residential lot size without reincreasing the number of lots or permitted number of dwelling units. Lot size averaging shall be considered to be a form of residential cluster development. The minimum lot area set forth in Schedule of District Regulations for a cluster development shall be the minimum lot area for lot size averaging. Lot size averaging shall be considered to be that type of residential cluster development which does not offer land to either the Township or homeowners association, but instead retains it in private ownership with appropriate deed restrictions or conservation easements imposed on oversized lots to restrict further subdivision in order to insure that the overall development does not exceed the number of dwelling units which are permitted in the zoning district in which the lot is located and to further assure the objective of this section as set forth in paragraph b4 is followed.
b. 
Cluster developments may but need not be approved at the sole discretion of the Township subject to these requirements:
1. 
The tract size is at least ten acres.
2. 
All dwelling units are connected to approved and functioning central water and sanitary sewer systems, except for developments which lie in the R.A. and R.E. zoning districts.
3. 
The permitted number of dwelling units on cluster lots shall not exceed the number of units which could be developed on the site using the minimum lot size for the applicable zone district without clustering and meeting the standards set forth on the Schedule of District Regulations. The conventional sketch plan developed for purposes of establishing a lot count shall take into consideration the development constraints imposed by natural features such as wetlands and floodplains.
4. 
Land equal in area to a minimum of 20% of the tract's total land area is set aside for agriculture, open space, common property, conservation, schools, recreation, parks, and land for other public purposes, singly or in combination, except that land utilized for streets, parking, drives and required yards shall not be included as part of the 20%. Lands to be set aside shall be either dedicated to the Township, owned in common by an association as outlined below, or retained in private ownership with appropriate deed restrictions or conservation easements assuring their continued use for the above-stated purposes. At least one-half of the required land to be set aside (10% of the tract's total land area) shall lie outside delineated wetlands, wetland transition areas, and lands which lie within 100 year flood hazard area. Land to be used for open space, recreation or any other public purpose shall be in one functional and contiguous parcel to the maximum extent practicable. The land to be set aside shall be suitable and usable for active recreation and/or other stated purposes as determined by the Township, and shall be concentrated in one part of the site in order to maximize usability. Scattered site and linear arrangements of land to be set aside shall not be permitted unless the Planning Board within its sole discretion makes a finding that such an arrangement is otherwise beneficial and in the public interest.
c. 
Lands offered to the Township or a homeowners association shall meet the following requirements:
1. 
The minimum size shall be two acres.
2. 
Lands for recreation purposes shall be improved by the developer including equipment, walkways and landscaping as set forth in the Technical Standards and shall have sufficient size for the intended purposes.
3. 
Such lands shall be an integral part of the development and designed, improved and located to best suit the purpose(s) for which it is intended.
4. 
Every parcel accepted by the Township shall be conveyed by deed at the time final plat approval is granted.
d. 
Concurrence of Governing Body Procedure. A copy of any proposed dedication of land to the Township shall be transmitted to the governing body and be subject to the approval of the Planning Board and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose, and such existing features as topography, soils, wetlands, and tree cover as these features may enhance or detract from the intended use of the land.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
Nothing in this chapter shall be deemed to affect or modify:
(1) 
The terms and conditions set forth in the Judgment Approving Stipulation of Settlement and the Stipulation of Settlement entered in the lawsuit caption "Centex Homes of New Jersey, Inc., Plaintiffs v. The Mayor and Council of the Township of East Windsor, et al., Defendants," bearing Superior Court Docket No. L-51177-80 P.W.; or
(2) 
The terms and provisions of the development application approvals granted prior to the adoption of this chapter by the East Windsor Township Planning Board and relating to the residential portions of the Centex-New Jersey site.
No use shall be permitted, no site plan shall be approved by the reviewing agency which does not conform to the performance standards set forth in this section and elsewhere in Township ordinances and regulations.
The agency granting site plan approval may pursuant to Subsection 20-30.4,[1] grant relief from any requirement of Subsections 20-5.1 through 20-5.5, inclusive, of this section and Subsection 20-35.4i.
Once site plan approval has been given, failure to comply with the performance standards as approved shall be cause for the revocation of approval and of any certificate of occupancy issued in reliance thereon.
[1]
Editor's Note: See now Ch. 19A for site plan requirements.
All uses with the exception of single-family residences as provided for in § 20-17, Agricultural District, shall be designed and constructed to provide full public utility service including public sewerage, storm water drainage, water supply, and electricity. All utility service in all districts shall be installed underground.
20-5.3.1 
General Requirements. Each use in the Township shall be provided with sufficient off-street parking area to serve its users. When safety dictates, angle parking may be required.
20-5.3.2 
(Reserved)
20-5.3.3 
A parking lot accessory to a permitted use and having spaces for five or more automobiles, shall be screened from the adjacent property by a landscape buffer not less than ten feet in width except where the Planning Board shall determine in connection with site plan review that such landscape buffer is not necessary or practicable. Any landscape buffer requirement of this section shall be subject to any more stringent requirements of the district in which such lot is located and the requirements of the Technical Standards.
[Ord. 1978-39; Ord. 1991-11, § III; Ord. 1994-41, § I; Ord. 2003-4, § 1 Ord. No. 2016-09 § 1, 2]
20-5.16.1 
Definitions.
BULLETIN BOARD
Shall mean a sign listing the name and use of a building and having space for changeable copy messages.
CANOPY SIGN
Shall mean any sign attached or constructed under a canopy or marquee. Any sign which is on the outer surface of a canopy or marquee shall be considered a facade sign for the purposes of this section. For service stations with a canopy, separate standards apply as set forth in this section.
CHANGEABLE COPY SIGN
Shall mean a sign on which copy may be changed manually or electronically with changeable letters.
COPY
Shall mean the message being communicated in the display area, whether verbal or nonverbal.
DIRECTIONAL SIGN
Shall mean any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign may contain a business or professional name but no advertising copy. Such sign shall not exceed three square feet except in residential districts, where such sign shall not exceed one square foot, and as otherwise specified herein.
DIRECTORY SIGN
Shall mean any sign listing the names, and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings.
FACADE
Shall mean that portion of any exterior elevation of a building extending vertically from grade to the top of the parapet wall. In the case of a building with a pitched roof, the facade extends vertically from grade to the midpoint between the eaves and the ridge line of the roof. The facade extends horizontally across the entire width of the building elevation.
FACADE SIGN
Shall mean any sign affixed in such a way to a building or structure that its exposed face is approximately parallel to the plane of the building or structure on which it is affixed.
FREESTANDING SIGN
Shall mean a sign supported by one or more columns, uprights, or braces in or upon the ground, not attached to or forming part of a building.
FRONTAGE, STREET
Shall mean the length of any property line along each public street which it borders.
POLITICAL SIGN
Shall mean any temporary sign which advertises candidates for public office or statements on public issues.
PORTABLE SIGN
Shall mean any sign not permanently attached to the ground or a building.
REAL ESTATE SIGN
Shall mean any sign pertaining to the sale, lease or rental of land or a building.
SIGN AREA
Shall mean the area in square feet of a parallelogram drawn so as to include the entire sign face. All internally illuminated panels or translucent fixtures, whether or not they contain lettering, wording, designs or symbols, shall be considered to be a part of sign area.
SIGN FACE
Shall mean a plane consisting of the total area of all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including the supporting framework and bracing incidental to the display itself. No sign shall have more than two sign faces.
SIGN STRUCTURE
Shall mean any structure which supports, has supported or is capable of supporting a sign, including decorative cover. No guy wires, braces, or secondary supports are to be used. Any angle iron or main support is to be enclosed in a wood, plastic or metal form, such that the angle iron or main support is not visible.
TIME AND TEMPERATURE SIGN
Shall mean a sign the display area of which is partially electronically controlled and on which appear in moving or flashing characters information as to time and/or temperature. The remainder of the display areas may be a frame on which is indicated the name of the person who owns or operates the sign.
20-5.16.2 
General Provisions.
a. 
All signs within the Township shall be erected, constructed or maintained in accordance with the provisions of this subsection and, unless otherwise provided for, all signs shall relate to the premises on which they are erected. There shall be no off-premises signs erected in the Township. Any person who erects, constructs or maintains a sign in violation of any provision of this subsection shall be subject to prosecution for such violation upon a complaint brought in the municipal court of the Township by any person. Any sign which has been found in the municipal court to have been erected, constructed or maintained in violation of this section may thereafter be declared a nuisance and removed by order of the zoning officer pursuant to paragraph f2 hereof.
Any sign meeting all requirements as set forth in this section for location in any zone, shall be issued a building permit (hereafter "permit") without site plan review, unless the sign is a part of a development which otherwise requires site plan review.
All applications for permits shall be signed by the person applying for the permit and the owner of the property on which the sign will be located. Both the person in whose name the permit is registered and the owner of the property shall be equally liable for violations of this section.
b. 
No sign other than those in Subsection 20-5.16.2 shall be erected, hung, attached or displayed until a permit for such sign has been duly issued by the building official.
c. 
No variance granted as to any use pursuant to N.J.S.A. 40:55D-70d shall confer upon any person the right to erect or use signs on the said lot which do not conform to the zoning requirements of the district in which the lot is located unless the variance granted shall have specifically granted approval for the erection and/or use of such sign. Site plan approval shall be required for all signs constructed in conjunction with a use variance.
d. 
No sign shall be posted on trees, utility poles, light poles or otherwise in the right of way. Any sign so posted shall be subject to immediate and summary removal by the Township.
e. 
All signs shall be maintained in good order and repair. In the event that the building official determines that any sign now or hereafter erected has fallen into a state of disrepair, has become dilapidated or constitutes a safety hazard, the sign owner and the property owner shall be given written notice to correct the conditions within 14 days from the date of the mailing of the notice. Failure to correct the condition or to file an appeal within the time provided shall render the person responsible liable to prosecution in municipal court for violation of this subsection.
f. 
No existing sign shall be structurally enlarged or relocated except in accordance with the provisions of this subsection and until a permit has been issued. The issuance of a permit shall not relieve the owner or lessee of the premises from the duty of maintaining any of such structures in a safe condition.
1. 
Any sign existing as of the date of the passage of this section that does not conform with provisions of this subsection and also with the regulations of the district in which such sign is located shall be considered a nonconforming structure and may continue in its present location until replacement or rebuilding becomes necessary, at which time a permit will be required and the sign brought into conformity with this subsection.
2. 
If any person is convicted of erecting, constructing or maintaining a sign in violation of this subsection and thereafter fails to correct the violation within ten days after conviction, the zoning officer shall send a written notice by certified mail, return receipt requested, to that person and to the owner of the property on which the sign in violation is located, if they be different persons. Such notice shall state that the sign is a nuisance and failure to correct the condition or file an appeal and request a hearing within 30 days of the mailing of such notice shall constitute cause for abatement of the nuisance by the zoning officer. At any time thereafter the sign may, upon passage of a resolution by the Township Council, be taken down and removed by the Township and the expense of the removal shall be posted as a lien against the lot from which the sign has been removed.
g. 
No temporary sign as authorized under Subsection 20-5.16.4a of this section, such as may be permitted on a limited time basis, shall be erected until temporary sign permit shall have been obtained for such sign.
h. 
Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the person having the beneficial use of the building or structure of land upon which such sign may be found. Copy alone can be removed, provided the owner of the premises on which the sign is located assumes responsibility for its proper maintenance.
i. 
All internally illuminated signs shall be labeled by the Underwriters Laboratory, or certified or labeled by another approved testing laboratory, and all wiring and accessory electrical equipment on any sign shall conform to the requirements of the electrical subcode adopted by the State Department of Community Affairs. Freestanding illuminated signs shall be served by underground wiring.
j. 
External illumination shall be provided by flood or spotlights of the following types: incandescent filament, fluorescent, metal halide or mercury vapor. Internal illumination may be provided by any light source provided that the light source is encased by the sign. No part of a neon lamp is to be exposed. Colored lamps or lights, and strings of lights are prohibited, except as part of a holiday decoration.
k. 
Lights used for external illumination of a sign shall be shielded and so located as to prevent glare. Such lights, whether attached to or separate from the building, shall not project above the highest elevation of the front wall of the building or more than 20 feet above the ground level of the premises, whichever is less.
Internal illumination shall not be of an intensity or brilliance as to cause glare. External and internal illumination shall conform to the requirements of the latest edition of the Illumination Engineering Society Standards and the East Windsor Township Technical Standards Ordinance.
l. 
Except where specifically prohibited all signs may be double faced and the maximum area shall apply to each side, providing that the two signs shall be joined in such a manner that at no point shall the backs of such signs form an angle greater than 60°.
m. 
All signs shall be designed and constructed in conformity to the provisions for material, loads, and stresses as specified in the building subcode adopted by the State Department of Community Affairs.
n. 
No sign shall have any visible guy wires, braces, or secondary supports.
20-5.16.3 
Special Signs Permitted without a Permit. The following signs shall be permitted in any zone in the Township without a permit, providing that they comply with this subsection:
a. 
Special signs serving the public convenience, such as "Notary Public", "Public Telephones", "Public Restrooms", "Push", and "Pull" or words or directions of similar import. No such sign shall exceed one square foot in area.
b. 
Signs which are an integral part of a vending machine, gasoline pumps, and milk machines.
c. 
Directional signs. The maximum area permitted shall be three square feet except as otherwise regulated herein. Such signs shall be placed on-site and they shall not exceed 30 inches in height above grade.
d. 
Customary warning signs such as "No Trespassing" signs and "No Dumping" signs, posted signs or signs indicating the private nature of a driveway or property, not exceeding one square foot.
e. 
Flags of religious, educational, civic or governmental organizations, and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the Federal government.
f. 
Name and number plates identifying residences and affixed to a house or apartment, mailbox, or lawn signs identifying same, none of which shall exceed one square foot.
g. 
Non-illuminated real estate signs announcing the sale, rental or lease of a residential use on which the sign is located. The sign may be double faced and only one sign shall be permitted on each lot or parcel. The maximum size of the sign for a residential use shall be six square feet in area, and it shall be placed at least three feet from the street right-of-way. A permit shall be required for a real estate sign for a nonresidential use and it shall conform to all the requirements as set forth herein for a residential sign except that it shall be placed at least 12 feet from the street right-of-way, it shall not exceed 16 square feet in area when placed on lots with a street frontage of less than 250 feet, and it shall not exceed 32 square feet in area when placed on lots with a street frontage of greater than 250 feet. The above signs shall be removed within seven days subsequent to settlement or execution of the lease.
h. 
Holiday decorations.
i. 
Construction signs. A construction sign not exceeding 24 square feet of sign area shall be permitted in residential districts or 64 square feet in commercial or industrial districts. A minimum of one such sign shall be permitted per construction project, but there shall be no more construction signs on each street frontage than the number of public roads entering the development along such street frontage. The placement of such signs shall be at the discretion of the developer provided they conform in all respects to the provisions of this section and provided further that they are set back from the street right-of-way line a minimum of 12 feet. Such signs shall be erected no more than 30 days prior to the beginning of construction for which a valid permit has been issued, shall be confined to the site of construction, and shall be removed five days after completion of construction and prior to issuance of a certificate of occupancy. Such construction sign permits shall be valid for a period of no greater than two years, and they shall be subject to renewal in two-year increments by the zoning officer upon a showing that active construction is continuing.
j. 
Temporary political signs for a period of 45 days. In the case of signs relating to an election or referendum, they shall be removed seven days after the election or referendum by the person named on the sign as having caused them to be printed.
k. 
Temporary signs for advertising public, political functions or fund raising events, charitable or religious organizations shall be permitted for a period of 45 days prior to the event and shall be removed within seven days subsequent to the event by the respective organizations.
l. 
Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area which are installed by government agencies or civic or religious organizations.
m. 
A mechanic or artisan is permitted to erect one sign during the period when the mechanic or artisan is actively performing work on the lands or premises where the sign is placed. The sign shall have a maximum area of six square feet and it shall not be placed in such a way that it interferes with visibility for motorists exiting the premises.
20-5.16.4 
Signs Permitted in Connection with a Development.
a. 
Temporary real estate signs which may be externally illuminated, located on the same lot as the sales offices of a residential development and not exceeding 24 square feet in area.
b. 
All signs permitted under this subsection shall be removed by the owner within seven days after the lease or sale of the last house in a residential development or the lease or sale of a lot or building in a commercial or industrial zone.
c. 
One non-illuminated sign pertaining to the lease or sale of a lot and/or building shall be permitted on a parcel or contiguous parcel in any commercial or industrial zone. Copy shall be limited to the name and phone number of the person or firm offering the lease or sale, how property is zoned, acreage or square feet of building available. The sign shall not exceed 24 square feet in total area and eight feet in height above ground level.
20-5.16.5 
Prohibited Signs. The following signs are prohibited in all zones in the Township:
a. 
Flags, banners, strings of banners, pinwheels, "A" type signs, sidewalk signs, curb signs, and similar advertising devices, pennants, search lights, balloons or other gas filled figures, except that any person may have one temporary sign permit for an unusual commercial event, such as a grand opening. Said temporary sign or signs shall not exceed 20% of the area, including windows and doors, of the first or ground story facade of the building to which the sign is attached, and said sign shall not exceed in length the width of the street facade of the building. Said temporary sign or signs shall be attached to the building and shall not extend more than 18 inches from the facade, and they shall not extend above the roof line of the building. No more than three such signs shall be permitted under any temporary sign permit. Such permit shall be valid for no less than 15 consecutive days, and it shall not exceed a total of 30 days in any two consecutive six month periods. At least six months shall elapse between the starting dates of such permits.
b. 
Moving or revolving signs and signs using blinking, flashing, vibrating, flicker, tracer, sequential or any other lighting where the sign message can be electronically changed, but shall not include time and temperature signs or any other signs expressly permitted elsewhere in the ordinance.
[Ord. No. 2016-09 § 1]
c. 
Signs using any reflecting material which sparkles or glitters.
d. 
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
e. 
Any series of two or more signs placed along a street or highway carrying an advertising message part of which is contained on each sign.
f. 
Strung shielded or unshielded light bulbs.
g. 
No person shall park any vehicle or trailer, in such a way as to utilize it as a portable sign on any public right-of-way or public property or on private property so as to be intended to be viewed from a motorized vehicular public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any premises.
h. 
Not more than 20% of a "sign area" or 25 square feet, whichever is more, shall contain any design, picture, symbol and/or logo, and the remainder of the "sign area" shall contain wording and background area only.
i. 
When a sign is approved as part of a site plan or subdivision development application by the Planning Board or zoning board of adjustment, as the case may be, no sign shall be constructed which in any way differs from the details of the sign as approved, including, but not limited to, such sign details as size, color, height, location, lettering, pictures, symbols, logos and lighting.
This subsection is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettered on a motor vehicle or signs that are part of a vehicle such as a construction trailer whose primary purpose is not to display advertising directed to persons on the public right-of-way.
20-5.16.6 
Procedure.
a. 
Applications for permits to erect, construct, hang or place a sign shall be submitted on forms obtainable from the zoning officer. All applications shall be signed by the owner of the sign and the property owner on whose premises the sign is to be erected. Each application shall be accompanied by two sets of plans and specifications showing dimensions, materials and required details of construction, including loads, stresses and anchorage. Include two site plans for free standing signs and such additional information as may be required by the zoning officer on the application.
b. 
After erection of the sign and final electrical approval, the applicant shall notify the building official so that he may make a final inspection. All signs given final approval shall be listed in a central sign registry maintained by the zoning officer. The registry shall include the sign location, plans, and the name of the person who obtained the permit and the person who owns the property on which the sign is located. Any successor in interest to the person who obtained the permit and the property owner shall register with the zoning officer. Failure to so register shall not relieve such successor in interest of any obligation under this section.
c. 
All those signs currently possessing a valid sign permit shall be entered into the register of signs without a reregistration. A change of copy shall require reregistration.
d. 
Any decision of the zoning officer may be appealed by filing with the board of adjustment on forms provided by the zoning officer. Failure to comply with the decision of the board of adjustment shall constitute a violation of this subsection.
20-5.16.7 
Specific Provisions Applicable to All Signs.
a. 
Facade signs shall meet the following regulations:
1. 
Such signs shall not project more than 18 inches from the building facade to which it is attached, provided when a sign extends more than three inches from the face of the wall the bottom of the sign shall not be closer than nine feet from the ground level at the sign.
2. 
The total display area of all facade signs on any facade of any building permitted pursuant to paragraph a3 hereof shall not exceed 10% of the area including windows and doors of the facade of the building to which the sign is attached. If there are multiple occupants in a building, such as in a shopping center, the 10% standard shall apply only to that portion of the building facade associated with an individual occupant.
3. 
One façade sign is permitted for each occupancy within a developed parcel. However, if such a building is not part of a shopping center and is situated on a corner property or otherwise has frontage on more than one street, one additional facade sign for each occupancy will be permitted on the abutting wall, provided that each façade sign is no larger than the size of the sign permitted on the smaller of the two building walls, and provided further that no illuminated sign shall be erected facing a residential zone and that no sign shall extend beyond the facade of a building or extend higher than the highest elevation of the facade to which it is attached. In the determination of allowable facade signs for individual occupants, one facade sign shall be permitted for each facade of a building which has a public entrance, but in any event no facade of a building will be permitted to have more than one facade sign for each occupancy. Each building which has multiple occupancy shall be permitted one additional facade sign which can serve as an identification of the building, such sign shall not exceed 5% of the area of the facade to which it is attached, and such sign shall be counted toward the 10% standard set forth in paragraph a2 herein.
4. 
Individual raised letters without a sign background shall be permitted provided that no other provision of this section is violated.
5. 
Facade signs may only be erected on the portion of the premises actually occupied by the person whose message the sign carries.
b. 
Freestanding signs shall meet the following regulations:
1. 
The total permitted area of a freestanding sign shall not exceed one square foot of sign area for each linear foot of street frontage abutting the developed portion of said parcel provided that no sign shall exceed 150 square feet.
2. 
The maximum height permitted for freestanding signs is 25 feet. No portion of any freestanding sign shall be placed closer than 12 feet to any street right-of-way.
3. 
Where a developed parcel has in excess of 600 feet of street frontage, one additional freestanding sign may be erected for each additional 300 feet of street frontage in excess of the first 300 feet of street frontage abutting the developed portion of said parcel.
4. 
Where a developed parcel is permitted to have more than one freestanding sign per street frontage under these regulations, the distance between said freestanding signs on each parcel shall be not less than 300 feet.
5. 
Where a premises fronts on more than one public right-of-way, at least one sign shall be permitted on each such street frontage and additional signs shall be allowed in accordance with the provisions of this subsection. For purposes of measurement of frontage, each separate street frontage shall be treated independently of another. The distance between signs of 300 feet, as called for in paragraph b4 above, shall apply only to freestanding signs on the same street frontage, and not to signs which are located along different street frontages.
6. 
Where premises zoned for commercial or industrial use are within 50 feet of the nearest boundary of any premises zoned for residential use on the same public right-of-way, freestanding signs shall not be erected within 50 feet of a residential zone.
7. 
Minimum clearance. Where a freestanding sign projects over a vehicular traffic area, such as a driveway or parking lot aisle, the minimum clearance between the bottom of the sign and the ground shall be 14 feet. If the area is restricted against truck traffic, the minimum clearance shall be ten feet.
8. 
No sign shall be erected within five feet of any rear or side yard line.
9. 
All freestanding signs shall be placed so as not to impede full vision of ongoing traffic from any exit onto a roadway at a distance of two and one-half to ten feet above the grade of such roadway at any point in the area of the exit where an exiting vehicle is likely to be as it moves onto the roadway. No sign structure shall be placed in any parking area or in any area used for vehicular traffic.
10. 
Any business located on any limited access highway or non-limited access highway on the Federal Aid Primary System shall only be entitled to such on-premises signs as are permitted herein and as may be permitted under the regulations promulgated by the New Jersey Department of Transportation, Bureau of Maintenance, Outdoor Advertising Section or any successor agency.
c. 
Canopy signs, other than those associated with gasoline stations:
1. 
One sign under each canopy shall be permitted for each occupancy within a building. Canopy signs shall be no larger than five square feet.
2. 
Canopy signs may be installed only below the canopy proper, provided that no portion of a canopy sign shall be closer than nine feet to any pedestrian passageway beneath it.
3. 
Canopy signs on buildings of more than one story shall be permitted provided that no sign shall be higher than the floor level of the second story floor.
d. 
Signs on awnings shall meet the following regulations:
1. 
Copy on awnings shall be limited to the name of the occupancy. Signs shall consist of one line of letters not exceeding nine inches in height and may be painted, placed or installed upon the hanging border only of any awning erected.
20-5.16.8 
Sign Regulations for Each Zoning District.
a. 
The following signs are permitted in the Neighborhood Commercial District, the Highway Commercial District and the Turnpike Commercial District:
1. 
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2. 
One freestanding sign, for each developed parcel, not to exceed one square foot of display area of each linear foot of street frontage abutting the developed portion of said parcel meeting the provisions of Subsection 20-5.16.6b.
3. 
One facade sign for each occupancy within the developed parcel meeting the provisions of Subsection 20-5.16.6a.
4. 
One canopy sign for each occupancy within the developed parcel meeting the provisions of Subsection 20-5.16.6c.
5. 
Where gasoline stations are permitted one freestanding sign shall be permitted, provided such sign shall not exceed 36 square feet in area on a side and shall be erected not less than 12 nor more than 27 feet above the ground. A minimum setback of 12 feet shall be required as measured from the street right-of-way line. The freestanding sign may have a supplementary price sign provided that it is mounted on the same support structure as the freestanding sign, that the price sign does not exceed 25 square feet in sign area, or more than 5 feet in height. The price per gallon on the price sign may be illuminated by LED lighting (light-emitting diode lamps), which shall be no brighter than necessary for clear and adequate visibility and provided that the maximum level of illumination does not exceed 0.3 footcandle above the ambient night-time light footcandle level measured at a distance of 50 feet, and the daytime level does not exceed 1250 nits.
(a) 
The image shall be static and all blinking, flashing, vibrating, flicker, tracer, scrolling and other illusions of motion are prohibited.
(b) 
No sign shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal or causes glare or otherwise impairs the vision of the driver or results in a nuisance to a driver.
(c) 
A dimming module shall be incorporated in any LED signage electronics in order to further dim the intensity of the LED lighting even lower than the aforementioned nits and footcandle ambient light levels. The control switch which allows the lighting intensity of the LED price sign to be adjusted shall be provided at an easily accessible location within the gas station building, which shall be identified on the Township sign application.
(d) 
The LED sign, when installed and operational, shall have its lighting intensity measured by a lighting professional so qualified, and a certification verifying that the lighting levels are compliant with the above standards shall be submitted to the Township. Thereafter, such lighting levels may be subject to periodic inspection by the Township in order to verify the lighting intensity and to require that the level of illumination be reduced if the lighting is deemed too bright, either in excess of the standard or otherwise presenting a public interest issue.
(e) 
All LED electronics shall be housed in a weather-proof cabinet not exceeding five feet in height.
In addition to the freestanding sign permitted herein, gasoline stations which have a canopy over the pump islands shall be permitted one sign on the canopy, with the area of the sign limited to no more than 10% of the longest facade of the canopy. In addition to the freestanding sign and the sign on the canopy, the principal building shall be permitted to have one facade sign per abutting street frontage identifying the business in accordance with the provisions of Subsection 20-5.16.6a. In addition, smaller facade signs are permitted to indicate functions performed at individual service bays, and such additional facade signs shall not exceed one per service bay and they shall be further limited by the aggregate facade sign area limitations set forth in Subsection 20-5.16.6a.
6. 
One freestanding directory sign shall be permitted for shopping centers containing more than two businesses in lieu of any other freestanding sign provided that:
(a) 
Copy shall be limited to indicate only the name of the shopping center and said name is to be located at the top of the sign. Each occupant's copy shall be limited to the name and nature of occupancy. An area for each business in the shopping center shall be provided on the sign for every business wishing to utilize same. In addition, the shopping center rental agent's name and telephone number may be listed.
(b) 
Placement shall be subject to area, height, setback, interior yard and minimum clearance provisions of Subsection 20-5.16.6b.
(c) 
The display area for all businesses shall be similar in size and compatible in style, except that an attached changeable copy sign for a movie theatre in a shopping center may be larger than the space allocated to other businesses and different from the other display areas in its artistic style.
(d) 
The addition or change of any business on the sign must be registered and approved by the building official prior to installation and final approval after installation. A letter of authorization must be presented to the building official from the owner of the sign or premises at time of approval.
(e) 
Each business in a shopping center may have one facade sign and one canopy sign on its premises.
7. 
One time and temperature sign not to exceed 15 square feet in area may be added to any freestanding sign and the area shall not be computed as part of the sign. The time and temperature sign shall be subject to the other provisions of Subsection 20-5.16.6b.
b. 
The following signs are permitted in an R-1, Residential District; R-2, Residential District; R-3, Residential District; R-4, Residential District; SL, Small Lot District; and MH, Manufactured Housing District.
1. 
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2. 
For residential developments with common ground under the ownership of a homeowners association or condominium association, one permanent identification sign, which may be externally illuminated, indicating only the name of the development, may be erected at each main entrance to the development, not exceeding 16 square feet of area; and at each entrance other than the main entrance, one non-illuminated identification sign, not exceeding eight square feet in area, may be erected. Such signs shall be erected on the common ground of the association or in an easement which allows for the maintenance of the signs by the association. For residential developments without an association of any kind, only a temporary identification sign is permitted in accordance with the provisions of Subsection 20-5.16.3.
3. 
For permitted non-residential uses, one identification sign, and one bulletin board and/or directory sign for each developed lot, not exceeding a total of 20 square feet in area for all signs.
4. 
All signs shall be placed flat against a building or designed as part of an architectural feature thereof, except that signs may be detached if they do not exceed a height of six feet nor shall they be placed closer than 12 feet from any right-of-way.
5. 
All illuminated signs shall be designed so as not to shine or reflect upon adjacent dwellings.
6. 
No height limit is specified for signs placed flat against the wall of a building provided that no sign shall extend beyond the side of a building nor extend higher than the highest elevation of the wall, including parapets to which it is attached.
7. 
For home businesses pursuant to the definition of "home business activities" in § 20-3, a freestanding or facade sign not to exceed two square feet. Said sign may not be internally illuminated, and the sign shall not be illuminated from 9:00 p.m. to 7:00 a.m.
c. 
The following signs are permitted in an R-O Research-Office and an I-O Industrial-Office District:
1. 
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2. 
One freestanding sign, indicating only the name and nature of the occupancy for each developed parcel, in accordance with Subsection 20-5.16.6b.
3. 
One facade sign for each single occupancy building within the developed parcel provided that it meets the provisions of Subsection 20-5.16.6a.
4. 
One directory sign for each building over one story with multiple occupancy. This sign shall not exceed 16 square feet of area and may be placed flat against the wall of a building or if freestanding, shall be located adjacent to a primary entrance door. A second sign shall be permitted if there is a second door entrance.
5. 
One identification facade sign for each building of multiple occupancy provided that each tenant has its own primary entrance door directly from the outside. The sign shall be of individual letters up to but not exceeding three inches in height. The total area shall not exceed four square feet and it shall be placed flat against the wall of the building adjacent to the tenant's primary entrance door.
6. 
One freestanding directional sign containing the names of the businesses, industrial firms, and offices with suitable directional graphics may be erected at an intersection of streets within an industrial office park. No sign shall exceed a height of 12 feet nor may project into or over an abutting public right-of-way and the lettering shall not exceed six inches in height.
7. 
A sign advertising an industrial office park or other multi-occupant industrial office site may be advertised by placement of a freestanding sign giving the name of the site, the current tenants, and information as to vacancies. Such a sign, to conform to the sign requirements of a freestanding sign as shown in Subsection 20-5.16.7c2 above may be located at the nearest junction of any road on which the site is located and a road most likely to be used as an access road on which the site is located and a road most likely to be used as an access road to the site. The size of the sign shall be determined based on the frontage of the lot being advertised rather than the lot on which the sign actually stands.
8. 
Signs permitted under Paragraphs b6 and b7 hereof may also contain the name and telephone number of the rental agent responsible for the property.
d. 
The following signs are permitted in an R-A, Rural Agricultural and in an R-3, Rural Estate District:
1. 
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2. 
One identification sign will be permitted for each agricultural or horticultural business, farm, or nonresidential use occupying any parcel or contiguous parcels of land.
3. 
Where a roadside stand is permitted for the sale of farm produce grown on the premises, one additional non-illuminated free-standing sign and one non-illuminated facade sign shall be permitted. Each freestanding sign shall not exceed 12 square feet in area nor eight feet in height. The wall sign shall not exceed 20 square feet in area and shall be attached flat against the front wall of the farm stand or farm building.
4. 
No freestanding sign shall be placed closer than five feet from any street right-of-way or property line, and it shall not interfere with driver vision.
e. 
The following signs are permitted in a Planned Unit Development District:
1. 
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2. 
The provisions of Subsection 20-5.16.7 are applicable in PUD zones to the extent that any use within such zones is in the nature of one of the uses described in Subsection 20-5.16.7. To the extent it is in the nature of such a use, the signs permitted to accompany such use shall meet the requirements set forth in the appropriate and relevant portions of Subsection 20-5.16.7.
3. 
The provisions of this paragraph e shall not be interpreted so as to modify, abrogate, annul, or otherwise interfere with, any easement, covenant, or other private agreement or legal relationship which applies or shall in the future be made applicable to property located within a PUD district.
a. 
Farms.
b. 
Greenhouses.
c. 
Detached dwellings.
d. 
Home business activities.
e. 
Standard golf course.
a. 
Customary farm structures.
b. 
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit shall comply in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
c. 
Roadside stands primarily for products grown on the premises.
d. 
Private garages and carports.
e. 
Residential swimming pools.
f. 
Receiving satellite dish antennas in the rear yard only, subject to a limitation in dish diameter of two meters and an overall height limitation including the supporting structure of ten feet.
g. 
Off-street parking facilities.
h. 
Clubhouses and customary accessory structures with golf courses.
i. 
Auction houses on lots which are at least three acres in area and which are located on minor or major collector roads, as designated in the traffic circulation plan element of the master plan.
a. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage, and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such buildings and yards, equipment and devices shall be adequately screened from adjacent and surrounding properties and public ways.
b. 
Animal hospital or commercial kennel for the care or rearing of animals, provided that no activity or operation of any such use shall be conducted within 100 feet of any property line nor within 200 feet of any dwelling other than a dwelling on the same lot. Such use shall not in any way alter the agricultural-residential character of the neighborhood, nor in any way affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.
a. 
The gross residential density shall not exceed 0.25 dwelling units per acre in residential cluster developments, in accordance with the provisions set forth in Subsection 20-4.15 of this chapter.
b. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations may be found as an attachment to this chapter.
The land application of wastewater from industry or other primarily non-agricultural sources shall not be deemed to be an agricultural or horticultural use. This shall not apply to the East Windsor Municipal Utilities Authority.
a. 
Detached dwellings.
b. 
Farms.
c. 
Greenhouses.
d. 
Standard golf course.
a. 
Private garages and carports.
b. 
Residential swimming pools.
c. 
Receiving satellite dish antennas in the rear yard only, subject to a limitation in dish diameter of two meters and an overall height limitation including the supporting structure of ten feet.
d. 
Customary farm structures.
e. 
Off-street parking facilities.
f. 
Clubhouses and customary accessory structures with golf courses.
a. 
Home business activities subject to the limitations imposed in the definitions section of this chapter.
b. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage, and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such buildings and yards, equipment and services shall be adequately screened from adjacent and surrounding properties and public ways.
c. 
Houses of worship on lots of three acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
a. 
The gross residential density shall not exceed 0.33 dwelling units per acre in residential cluster developments in accordance with the provisions in Subsection 20-4.15 of this chapter.
b. 
See Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations may be found as an attachment to this chapter.
The terms of the Residential Building Appearance provisions of this chapter shall apply.
a. 
Detached dwellings.
b. 
Residential cluster development.
a. 
Private garages and carports.
b. 
Residential swimming pools.
c. 
Receiving satellite dish antennas in the rear yard only, subject to a limitation in dish diameter of two meters and an overall height limitation including the supporting structure of ten feet.
a. 
Home business activities subject to the limitations imposed in the definitions section of this chapter.
b. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage, and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such buildings and yards, equipment and devices shall be adequately screened from adjacent and surrounding properties and public ways.
c. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
d. 
Professional Offices on Transitional Lots:
1. 
The building shall be as close in appearance to a single-family residential building as is practical in order to effect a reasonable transition from the business district to the residential district.
2. 
The off-street parking area shall be located as close as possible to the Commercial zone, and the access drive shall be located as far from the residences in the single family district as is practical.
3. 
Site development shall adhere to the building and setback requirements as set forth in this chapter for the R-1 zoning district.
e. 
Professional offices, child care centers, adult day care centers and nonprofit educational facilities for adult study groups shall be permitted on tracts of land in the "R-1" District at least one-half acre in area which have direct vehicular access frontage along a major collector roadway as identified in the "Traffic Circulation Plan Element" portion of the East Windsor Township Master Plan and which is occupied by a nonresidential structure owned by East Windsor Township as of June 1, 2001, as provided and in accordance with the following:
1. 
The building shall be as close in appearance to a single-family residential building as is practical in order to safeguard the character of the surrounding residential neighborhood.
2. 
The development of the subject tract shall be in accordance with the requirements for detached dwellings in the "R-1" Residential Low Density District as contained in the Schedule of District Regulations, except that the maximum improvement coverage percentage shall be 60%.[1]
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
3. 
Off-street parking, signage, lighting and landscaping and the design, arrangement and nature of the use shall be as specifically approved by the Planning Board in accordance with the standards for conditional uses contained and referred to in Subsection 20-4.2.2 of this chapter.
a. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
No driveway shall be located within ten feet of a side or rear property line, except that on those lots developed as part of a residential cluster development the driveway shall not be located within five feet of a side or rear property line.
b. 
No more than one principal building shall be used as a detached dwelling on a lot.
c. 
Provisions for vehicle turnaround shall be made for each dwelling fronting on a collector or arterial street. For newly sub-divided lots abutting an expressway or arterial road one of the following shall be required:
1. 
The frontage shall be reserved so that the lots contiguous to such roadways will front on a street with a lower traffic function with an additional lot depth or width of 50 feet as an easement exclusively for buffering to be provided by the developer along the arterial street; or
2. 
A marginal service road shall be provided along such arterial road and shall be separated from it by a raised/planting island divider strip of at least 20 feet in width; or
3. 
Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the board of jurisdiction may determine to be appropriate.
d. 
At least one of the required off-street parking spaces shall be provided in an attached or detached private garage or carport.
e. 
The terms of the Residential Building Appearance provisions of this chapter shall apply:
a. 
Detached dwellings.
b. 
Residential cluster development.
c. 
Patio homes in residential cluster developments.
d. 
Zero lot line homes in residential cluster developments.
a. 
Private garages and carports.
b. 
Residential swimming pools.
a. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage, and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such buildings and yards, equipment and devices shall be adequately screened from adjacent and surrounding properties and public ways.
b. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
c. 
Professional Offices on Transitional Lots:
1. 
The building shall be as close in appearance to a single-family residential building as is practical in order to effect a reasonable transition from the business district to the residential district.
2. 
The off-street parking area shall be located as close as possible to the Commercial zone, and the access drive shall be located as far from the residences in the single family district as is practical.
3. 
Site development shall adhere to the building and setback requirements as set forth in this chapter for the R-1 zoning district.
a. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
No driveway shall be located within five feet of a side or rear property line, except on those lots developed with patio or zero lot line homes the driveway shall not be located within one foot of a side property line.
b. 
No more than one principal building shall be used as a detached dwelling on a lot.
c. 
Provisions for vehicle turnaround shall be made for each dwelling fronting on a collector or arterial street. For newly subdivided lots abutting an expressway or arterial road one of the following shall be required:
1. 
The frontage shall be reversed so that the lots contiguous to such roadways will front on a street with a lower traffic function with an additional lot depth or width of 50 feet as an easement exclusively for buffering to be provided by the developer along the arterial street;
2. 
A marginal service road shall be provided along such arterial road and shall be separated from it by a raised/planting island divider strip of at least 20 feet in width; or
3. 
Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the board of jurisdiction may determine to be appropriate.
d. 
At least one of the required off-street parking spaces shall be provided in an attached or detached private garage or carport.
e. 
The terms of the Residential Building Appearance provisions of this chapter shall apply.
a. 
Detached dwellings.
b. 
Residential cluster development.
c. 
Patio homes in residential cluster developments.
d. 
Zero lot line homes in residential cluster developments.
e. 
Multifamily residential, including attached dwellings, on tracts of 50 acres or larger.
f. 
Semi-detached dwellings.
a. 
Private garages and carports.
b. 
Residential swimming pools.
c. 
Off-street parking facilities.
d. 
Structures designed for recreational use as a part of a residential cluster development.
a. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage, and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such buildings and yards, equipment and devices shall be adequately screened from adjacent and surrounding properties and public ways.
b. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
c. 
Professional Offices on Transitional Lots:
1. 
The building shall be as close in appearance to a single-family residential building as is practical in order to effect a reasonable transition from the business district to the residential district.
2. 
The off-street parking area shall be located as close as possible to the Commercial Zone, and the access drive shall be located as far from the residences in the single family district as is practical.
3. 
Site development shall adhere to the building and setback requirements as set forth in this chapter for the R-1 zoning district.
a. 
The gross residential density shall not exceed 4.0 dwelling units per acre in residential cluster developments in accordance with the provisions set forth in Subsection 20-4.15 of this chapter.
b. 
The maximum dwelling net density for attached dwellings shall be six units per acre and the maximum dwelling net density for multifamily residential shall be ten units per acre. On those larger tracts where these housing types are permitted, there shall be no more units allowed than provided for under paragraph a above.
c. 
See the Schedule of District Regulations of this chapter.
d. 
Semi-detached dwellings shall not be permitted to increase improvement coverage by more than 15% over original construction subject to an overall site limitation of 40%, as set forth in the Schedule of District Regulations.
e. 
No building or deck expansion shall be permitted beyond the side yard established for each semi-detached dwelling at original construction.
f. 
Decks shall be permitted to extend into the required rear yard of semi-detached dwellings by up to 12 feet. Decks which extend into the required rear yard shall not be permitted to have a roof, and no impervious materials shall be permitted under a deck which extends into the required rear yard. A roofed deck shall be considered to be a part of the principal building and it shall be subject to all the building coverage, improvement coverage, floor area ratio and yard controls as set forth in the Schedule of District Regulations.
g. 
Additions to semi-detached dwellings shall be permitted only if the addition occurs in such a way that no front, side or rear yard setback is diminished, such as in an alcove. If an alcove is proposed for an addition, permission of the adjoining semi-detached dwelling is required.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
No driveway shall be located within five feet of a side or rear property line, except on those lots developed with semi-detached dwellings, patio or zero lot line homes the driveway shall not be located within one foot of a side property line.
b. 
No more than one principal building shall be used as a detached dwelling on a lot.
c. 
Provisions for vehicle turnaround shall be made for each dwelling fronting on a collector or arterial street. For newly sub-divided lots abutting an expressway or arterial road one of the following shall be required:
1. 
The frontage shall be reversed so that the lots contiguous to such roadways will front on a street with a lower traffic function with an additional lot depth or width of 50 feet as an easement exclusively for buffering to be provided by the developer along the arterial street;
2. 
A marginal service road shall be provided along such arterial road and shall be separated from it by a raised/planting island divider strip of at least 20 feet in width; or
3. 
Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the board of jurisdiction may determine to be appropriate.
d. 
At least one of the required off-street parking spaces for detached dwellings, semi-detached dwellings, patio homes and zero lot line homes shall be provided in an attached or detached private garage or carport. At least one-half of the multi-family or attached dwelling shall be provided a parking space in a garage.
e. 
The terms of the Residential Building Appearance provisions of this chapter shall apply.
f. 
One shed up to 100 square feet shall be permitted on a lot with a semi-detached dwelling subject to the setback requirements of accessory buildings set forth in the Schedule of District Regulations. No other accessory buildings shall be permitted. The shed shall be placed to the rear of the house, and in the case of a corner lot, it shall be set back from both street lines at least 40 feet.[1]
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
g. 
Fences shall be permitted on semi-detached dwelling lots. They shall not be permitted between the principal building and any abutting street line. Fences located beyond the front yard shall be permitted provided they do not exceed five feet in height. A fence of up to six feet in height shall be permitted along the common property line separating two semi-detached dwellings where the buildings adjoin, and such six foot height limit shall apply to the first 12 feet of fencing extending along the dividing property line from the principal building. Fencing shall be permitted on the property line with the permission of the adjoining property owner, and where such fencing is located on the property line, it shall be finished on both sides. Where permission of the adjoining property owner is not secured, the fence shall be placed no closer than six inches to the property line, with the finished side out. If fencing is proposed on a portion of a lot with an easement, permission shall be secured from the party with easement rights. Fencing shall be of a type which will allow for the free flow of surface stormwater.
a. 
Multifamily residential on lots of five acres or larger.
b. 
Attached dwellings.
c. 
Detached dwellings.
d. 
Patio homes.
e. 
Zero lot line homes.
a. 
Structures designed for recreational or community use as a part of a multifamily residential development.
b. 
Private garages and carports.
c. 
Residential swimming pools.
d. 
Off-street parking facilities.
a. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage, and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such buildings and yards, equipment and devices shall be adequately screened from adjacent and surrounding properties and public ways.
b. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
[Ord. Nos. 1989-4, 1992-35; Ord. No. 2017-09 § 2]
a. 
Gross residential density shall not exceed ten dwelling units per acre in multi-family developments.
b. 
The gross residential density and developments which contain a mix of housing types shall be based on 10 units per acre for multifamily dwellings other than attached dwellings, six units per acre for attached dwellings and five units per acre for detached dwellings.
c. 
Gross residential density as defined in Subsection 20-11.4a and b may be exceeded, as determined by the Township and at the sole discretion of the Township, where Affordable Units are provided as a component of a Township approved Master Plan Housing Element.
1. 
Affordable Units shall be constructed to be consistent in architectural appearance to all other non-affordable units on site.
2. 
Any site plan approval granted to a property owner within the Residential Multi-Family Zone District which includes Affordable Units pursuant to the provisions of this chapter shall include provisions that shall permit the property owner to elect which units on site shall be designated as Affordable Units. If the site plan approval for Affordable Units is an amended site plan for premises already approved and developed as non-affordable units, the property owner, at the property owner's election, may designate the existing units or the newly-approved units as Affordable Units.
d. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
No driveway shall be located within five feet of a side or rear property line, except on those lots developed with patio or zero lot line homes the driveway shall not be located within one foot of a side property line.
b. 
No more than one principal building shall be used as a detached dwelling on a lot.
c. 
Provisions for vehicle turnaround shall be made for each dwelling fronting on a collector or arterial street.
d. 
At least one of the required off-street parking spaces for detached dwellings, patio homes and zero lot line homes shall be provided in an attached or detached private garage or carport. At least one-half of the multifamily or attached dwellings shall be provided a parking space in a garage. Denise
e. 
The terms of the Residential Building Appearance provisions of this chapter shall apply.
The intent of this zoning District is to facilitate the development of a multifamily inclusionary development to permit appropriate densities including a significant percentage of affordable housing in concert with the allowed density.
The number of permitted dwelling units within the multifamily dwelling development shall be 187 with 38 units set-aside for very-low-, low- and moderate-income households.
a. 
Dwelling, multifamily.
b. 
Dwelling, attached.
c. 
Dwelling, stacked attached.
a. 
Structures designed for recreation or community use as a part of the multifamily dwelling development.
b. 
Private garages and carports.
c. 
Residential swimming pools with outdoor dining area, outdoor barbecue and party deck.
d. 
Dog runs.
e. 
Tot lots.
f. 
Walking paths with barbecue patios.
g. 
Off-street parking facilities.
h. 
Community Clubhouse with fitness room, club room and furnished model.
i. 
Management and leasing offices.
j. 
Maintenance office/garage building not to exceed one story in height and 1,500 square feet in floor area. The façade design shall match the residential structures.
k. 
Solid waste facilities.
l. 
Signs. (See Subsection 20-5.16.7b for standards.)
a. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such equipment, devices and structures shall be adequately screened from adjacent and surrounding properties and public ways.
a. 
The R-M1 zone is designed to permit 187 multifamily units of which a minimum of 35% shall be stacked attached dwelling units with the remaining to be comprised of multifamily units.
b. 
Minimum parking setback from existing public streets shall be 100 feet and from the tract property line shall be 20 feet.
c. 
Minimum landscaped buffer adjacent to existing public streets shall be 25 feet and to other property lines shall be 20 feet.
d. 
Minimum distance from building to parking shall be 15 feet.
e. 
Minimum distance between principle buildings shall be 25 feet.
[1]
Editor's Note: Schedule of District Regulations is included as an attachment to this chapter.
a. 
The percentage of very-low-, low- and moderate-income housing shall be 20%, rounded up, of the total number of dwellings.
b. 
Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1, et seq. and Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1, et seq., except that instead of 10% of the affordable units being made affordable to households earning 30% of median income, 13% of the affordable units shall be made affordable to such households.
The affordable units shall also comply with the U.H.A.C. regulations related to bedroom distribution, range of affordability, pricing and rent of units, affirmative marketing, 30-year minimum affordability controls and construction phasing with the market rate units developed on the tract.
c. 
Affordable housing units shall be affordable family rentals and shall not be age-restricted. The affordable housing units shall be dispersed within the multifamily dwelling units and not located in the stacked attached dwelling units.
d. 
The Township designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the Developer.
[Ord. No. 2017-01 § 2]
a. 
Building Design. The design of the buildings shall be residential and not institutional and shall conform to the following:
1. 
Architectural elevations and floor plans shall be provided for each type of building.
2. 
Maximum length of buildings shall not exceed 300 feet.
3. 
Variations in setback, materials, colors and design including breaks in the building façade shall be encouraged to reduce and separate the building mass.
4. 
Rooflines shall be pitched. If flat roofs are provided, they shall incorporate design techniques to shield any roof mounted equipment.
5. 
All HVAC and mechanical equipment shall be adequately screened from view.
6. 
All units shall be designed in a unified architectural style.
b. 
Circulation and Parking.
1. 
At least one-half of the multifamily or attached dwellings shall be provided a parking space in a garage.
2. 
A boulevard street entry shall be provided with access to Old Trenton Road and be provided with the landscape architectural treatment in accordance with Township Code Chapter 22, Subsection 22-27.3a.
3. 
Internal streets shall be provided with the landscape architectural treatment in accordance with an informal street tree planting standards at Township Code Chapter 22, Subsection 22-27.3b.
4. 
An emergency access drive shall be provided to Old Trenton Road approximately 900 feet west of the entry road.
5. 
Pedestrian and bicycle circulation systems shall be designed to extend through and connect with open space and common areas.
c. 
Open Space.
1. 
A minimum of 30% of the tract shall be specifically set aside for conservation, recreation and/or other open space.
2. 
No more than one-half of the minimum 30% of land area may be wetlands, wetlands buffer, 100-year flood plains or lands with a topographic slope of 15% or greater.
d. 
Utilities/Services. All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
[Ord. No. 2018-10]
The purpose of this § 20-11B is to establish regulations and standards controlling the development of land in a specified area of the Township with provisions for the development of low- and moderate-income housing units in accordance with those set forth below and in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the regulations of the Council on Affordable Housing ("COAH") for the second round, set forth at N.J.A.C. 5:93. The purpose of this zone is to establish an affordable housing zone in accordance with a settlement agreement between the East Windsor Township and Fair Share Housing Center, Inc. ("Fair Share Housing Center" or "FSHC"). The settlement agreement was approved by the Superior Court at a Fairness Hearing held on July 19, 2017 and reflected in a Court Order also dated July 19, 2017 (collectively, the "settlement agreement"), setting forth the Township's third round affordable housing obligation covering the period 1999 to 2025. In addition, the Township entered into a Memorandum of Understanding (MOU), between Township of East Windsor and Blackpoint Group, LLC and Benjamin Zaitz and Zaitz Trust, in May 2017 regarding 641 North Main Street which included this zone as a mechanism to satisfy its obligation.
[Ord. No. 2018-10]
A minimum gross tract acreage of 28.4 acres shall be required. The "tract" as referred to in this zone shall be defined as the overall site known as Block 11.01, Lot 5 for proposed development, inclusive of the total multi-family and age restricted residential housing prior to further subdivision or dedications.
[Ord. No. 2018-10]
a. 
Multifamily housing-family rental units.
b. 
Age restricted housing.
[Ord. No. 2018-10]
The maximum number of permitted dwelling units within the age-restricted housing sub-lot of the overall tract for development shall be up to 116 units and shall not exceed a dwelling net density (as defined in Subsection 20-3.2), of 14 units per net acre of lot area designated specifically for age restricted development. The maximum number of non-age restricted multifamily dwelling units within non-age-restricted housing portion of the overall tract for development shall be 295 units and shall not exceed a dwelling net density (as defined in Subsection 20-3.2), of 14 units per acre, of lot area designated specifically for non-age restricted development in accordance with the terms of the settlement agreement.
[Ord. No. 2018-10]
All dwelling units within the age-restricted dwelling units identified herein shall comply with the standards as set forth in Subsection 20-11B.2 in its entirety.
[Ord. No. 2018-10]
The age-restricted development permitted, up to 116 units, shall, in lieu of providing a 15% on-site inclusionary affordable housing set-aside, provide a payment-in-lieu of construction on site to the East Windsor Township's Housing Trust Fund. The payment-in-lieu shall be equal to $55,000.00 per each approved affordable unit that would be required based upon a 15% set-aside of the total number of age-restricted units.
The non-age restricted multi-family development shall be required to be an inclusionary development, of up to 295 multi-family units and shall have a minimum 22% set aside of the total number of non-age restricted units approved, affordable to low and moderate-income households (65 affordable units for 295 total units). The 22% of the total number of units approved shall round up any fractional number of units to provide one additional whole unit.
The inclusionary affordable units shall be developed and administered in accordance with COAH's rules and UHAC at N.J.A.C. 5:80-26.1, and as required under § 20-11B, including but not limited to income split, affirmative marketing, unit income type requirements and bedroom distribution. In addition, the unit types shall provide at least 15% of the total number of affordable units (rounded up), as affordable to very-low income households (affordable to households earning 30% or less of median income by household size), with all of the very-low-income units available to families.
[Ord. No. 2018-10]
a. 
Private garages and surface parking areas.
b. 
Buildings for storage and maintenance equipment.
c. 
Off-street parking as hereinafter regulated.
d. 
Signs in accordance with the requirements of Subsection 20-5.16.7b2 of this chapter and related provisions.
e. 
Private recreation buildings and facilities, including ancillary indoor and outdoor private recreational amenities, primarily intended for use by residents of the development.
f. 
Community center/room serving the residents of the development.
g. 
Gazebos, pergolas and similar outdoor landscape structures.
h. 
Uses which are customarily incidental to the principal permitted uses in the zone including, but not limited to, development leasing, management and maintenance offices.
[Ord. No. 2018-10]
The following zoning standards shall apply to development in the R-M2 Residential Multifamily 2 District.
a. 
Minimum tract area: 28.4 acres.
b. 
Minimum tract lot width: 500 feet.
c. 
Minimum building setbacks from tract boundaries:
1. 
Minimum building setback from North Main Street right-of-way (ROW): 125 feet.
2. 
Minimum building setbacks from NJ Route 133 ROW: 60 feet.
3. 
Minimum building setback from Town Center Road Extension: 100 feet.
4. 
Minimum setback from all other tract boundary lines: 50 feet.
d. 
Minimum building setback from internal roads: 15 feet.
e. 
Minimum distance from internal parking areas: 15 feet.
f. 
Minimum distance between building walls:
1. 
Front to front: 90 feet.
2. 
Front to side: 40 feet.
3. 
Side to side: 30 feet.
4. 
Side to rear: 30 feet.
5. 
Rear to rear: 60 feet.
6. 
Age restricted principal buildings minimum separation between building walls may be reduced to 25 feet when connected by a one-story pedestrian breezeway. Such breezeways shall be roofed, either open air or enclosed but shall be no wider than 10 feet.
g. 
Maximum building coverage: 25% of the gross tract area.
h. 
Maximum improvement coverage: 60% of the gross tract area.
i. 
Maximum building height: No building shall exceed a height of 3 stories or 40 feet, except the maximum height can be increased to 45 feet to a ridge line of a sloped roof with a minimum pitch of at least 4 inches vertical (rise), to 12 inches horizontal (run).
j. 
Maximum number of units per building:
1. 
Non-age restricted building: 27 units.
2. 
Age restricted building: 37 units.
k. 
Long uninterrupted building lengths are discouraged. The maximum age restricted building length shall be 225 feet.
l. 
Accessory buildings: All accessory buildings shall comply with Subsection 20-4.04 and the definition of "accessory use or structure" in § 20-3 regarding accessory buildings and structures except for the following:
1. 
Accessory structures shall not be permitted in the tract boundary front, side or rear yard building setbacks as required in Subsection 20-11B.8c herein.
2. 
Accessory buildings shall not exceed 15 feet in height and one story except for accessory community/recreation buildings which shall not exceed a maximum building height of 35 feet.
3. 
Minimum setback from interior roadway 20 feet, with the exception of a clubhouse covered port-cohere drop off area which shall have no required setback.
4. 
Minimum setback to internal parking areas 15 feet.
m. 
Minimum setback to other buildings 20 feet.
n. 
Buffers: Suitable buffers shall be provided as the board of jurisdiction determines to be appropriate and as referenced in the Technical Standards of Chapter 22, § 22-27. The minimum landscape buffer adjacent to N.J. Route 133 tract boundary lines shall be 15 feet. The minimum landscape buffer from all other property lines shall be 10 feet.
o. 
Minimum building setback to on-site stormwater basin top of bank shall be 20 feet.
[Ord. No. 2018-10]
a. 
Off-street parking and loading: Parking and loading requirements of the RM2 Residential Multifamily 2 District shall comply with New Jersey Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21, as determined to be applicable.
b. 
Minimum number of garage spaces: A minimum of one garage parking space shall be provided per 5 units in a building for all residential buildings. Garages shall be attached to the principal building and shall be considered part of the units; no detached accessory garages shall be permitted.
c. 
Site access: Access to the tract shall be provided exclusively from North Main Street and Town Center Road as deemed appropriate by the applicable board of jurisdiction.
d. 
Minimum roadway and parking setback: No internal driveway, roadway or parking area shall be located closer than 20 feet to a tract boundary except where such roadways intersect with an existing street.
e. 
Provisions shall be provided for at least 2% of the total parking spaces in the development, shall have provisions for electrical recharging stations. Such locations shall be specifically approved by the board of jurisdiction.
f. 
Site access roadways shall provide vehicular and pedestrian access easements to adjacent developments from North Main Street and Town Center Road as determined necessary and appropriate by the board of jurisdiction.
[Ord. No. 2018-10]
a. 
The proposed developments shall provide adequate active recreational facilities within the specified open space and indoors to satisfy the needs of the anticipated residential population of each development. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey. A minimum of 30% of the tract shall be specifically set aside for conservation, recreation and/or other open space. No more than one-half of the minimum 30% noted above shall be comprised of wetlands, wetland buffers, 100-year flood plains or lands with a topographic slope more than 15%.
b. 
The following listing and ratios of recreational facilities are requirements for the respective board of jurisdiction in their evaluation of the adequacy of proposed recreational facilities, although alternative recreational facilities and ratios thereof may be proposed by the applicant and approved at the sole determination of the board:
1. 
Age-restricted development shall provide the following active recreation amenities and such facilities shall be located on the age-restricted sublot of the tract for age-restricted housing:
(a) 
One clubhouse/recreation building or incorporated into the residential structure of at least 6,000 gross square feet in area, shall be provided to serve the proposed age restricted dwelling units. Off-street parking as approved by the board may be required depending upon location of the recreation facility.
Such clubhouse or recreational building shall be maintained with features such as exercise equipment, community meeting rooms and community cooking facilities, such as a commercial kitchen for community gatherings. Such provisions shall only be made available for use by the residents of the facility.
(b) 
When the number of age-restricted dwelling units exceeds 100 units, a swimming pool shall be provided. Such swimming pool shall have a minimum water surface of 1,800 square feet, and a minimum deck/patio equal to an area equivalent to 150% of the water surface area.
(c) 
At least six courts, either bocce, shuffleboard, tennis and/or similar court facility, shall be provided for the age-restricted development.
(d) 
Community gardens facility of a minimum area of 4,000 square feet shall be provided for the age-restricted sublot of the tract. These facilities shall include improvements such as raised planting beds, sources of water and tool storage facilities as accepted by the board of jurisdiction.
(e) 
Outdoor amenities including terraces, courtyards and patio areas with tables and chairs, benches, shade trellises, gazebos, and other such recreation elements as shall be specifically required by the board of jurisdiction.
2. 
Non-age-restricted development on the tract shall provide the following active recreation amenities and such facilities shall be located on the age-restricted sublot of the tract for age-restricted housing:
(a) 
One clubhouse/recreation building, at least 10,000 gross square feet in area, shall be provided to serve the proposed non-age restricted dwelling units, with adjacent off-street parking as approved by the board. Such clubhouse or recreational facility shall be maintained with features such as exercise equipment, community meeting rooms and community cooking facilities, such as a commercial kitchen for community gatherings. Such provisions shall only be made available for use by the residents of the facility.
(b) 
When the number of dwelling units exceeds 100 units, a swimming pool shall be provided. Such swimming pool shall have a minimum water surface of 1,800 square feet, and a minimum deck/patio equal to an area equivalent to 150% of the water surface area.
(c) 
One tennis or similar court facility shall be provided for each approximately 100 non-age-restricted dwelling units.
(d) 
Outdoor amenities including benches, shade trellises, gazebos, terraces, bicycle racks and other such recreation elements shall be provided as specifically required by the board of jurisdiction.
(e) 
Outdoor active recreation play areas for children shall be provided as required by the board of jurisdiction. Such areas shall be appropriate and specifically designed for the different age groups or age-related abilities and contain a total minimum of 5,000 square feet of active recreation play area. The areas shall serve toddlers, preschool and school-age children with play area designs to accommodate these differences regarding the type, scale, and the layout of equipment. The term "toddlers" refers to children ages 6 months through 2 years of age, "preschool-age" refers to children 2 through 5 years, and "school-age" refers to children 5 through 12 years.
The overlap between these groups shall be designed into the playground equipment use and provides for a margin of safety. Such play areas shall provide for shaded sitting areas for supervision of the play areas and include fencing or other containment where required for safety of the area.
Such recreation areas, equipment and surfacing shall be in accordance with the Americans with Disabilities Act of 1990 (ADA), accessibility requirements. In addition, the play areas shall comply with all applicable standards such as the American Society for Testing Materials (ASTM), and Consumer Products Safety Commission (CPSC), recommendations.
(f) 
Community gardens facility of a minimum area of 4,000 square feet shall be provided for the non-age restricted areas of the tract. These facilities shall include improvements such as raised planting beds, sources of water and tool storage facilities as approved by the board of jurisdiction.
3. 
Jogging and bicycle circuit paths shall be provided for both the non-age-restricted and age-restricted housing development areas and provide for interconnections between such facilities as deemed appropriate by the applicable board of jurisdiction. Such paths shall connect to the proposed recreation amenities and include bicycle racks at these connections.
[Ord. No. 2018-10]
All dwelling units within a structure shall be connected to a Township approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
[Ord. No. 2018-10]
The following design standards shall apply to both the non-age and age-restricted residential developments with consideration of form, mass, architectural features and design elements consistent with the Township's history and style, to be incorporated as follows:
a. 
All buildings shall relate harmoniously with other on-site features and buildings. Although, the architectural features described herein shall be varied to provide variety from building to building for visual interest and reducing monotony of the development.
b. 
Building materials and colors shall be consistent with the Township's existing residential architectural characteristics and history.
c. 
Architectural features shall be used to create visual interest and variety and shall include staggered unit setbacks, changing rooflines and roof designs, and alterations in building height. No flat roof structures are permitted.
d. 
Large horizontal buildings shall be broken into segments having vertical orientation with alternating front and rear façade setbacks to generate the appearance of smaller individual buildings/units. No more than 30 feet of front or rear building wall is permitted without providing a break in the façade of an acceptable method of articulation.
e. 
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
f. 
Buildings are to incorporate elements that provide a visually attractive environment using varied decorative and architectural features at entrances, cornices, windows and rooflines.
g. 
Building color and materials shall have a complimentary palate between buildings that is consistent with the general theme of the development.
h. 
Development with consideration of "human scale" shall be provided through the use of strategically placed windows, doors, porches and columns.
i. 
To the extent practicable, buildings shall be oriented to maximize daylighting of the interior of buildings or outdoor recreation areas.
j. 
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
k. 
Building construction shall utilize green building or sustainable building methods to the extent practicable. While this is consistent with the Township's long-standing tradition of environmental stewardship, it is recognized such strategies may also be utilized to reduce the operating and maintenance costs of low- and moderate-income households.
l. 
Provisions for bicycle storage shall be provided at each residential building.
[Ord. No. 2018-10]
The development plan for the tract shall include a formal landscape plan signed and sealed by a Landscape Architect licensed in the State of New Jersey. The development shall provide landscaping for the tract in accordance with applicable standards provided in the Technical Standards regulations of Chapter 22 herein inclusive of buffers, site and parking area landscape requirements.
[Ord. No. 2018-10]
All other provisions of the Revised General Ordinances of East Windsor Township not in conflict with the provisions specified herein for the R-M2 Residential Multifamily 2 Zoning District shall apply.
[Ord. No. 2018-11]
The purpose of this new section is to create an overlay zone for this property to facilitate the creation of a multifamily affordable housing development to permit appropriate densities for a municipally sponsored, 100%, affordable housing development, to be located on the property at 300-C Princeton Hightstown Road and identified as Block 5, Lot 2.02 on the Township tax maps. The purpose of this zone is to establish an affordable housing zone in accordance with a settlement agreement between the East Windsor Township and Fair Share Housing Center, Inc. ("Fair Share Housing Center" or "FSHC"), approved by the Superior Court at a Fairness Hearing held on July 19, 2017 and reflected in a Court Order also dated July 19, 2017 (collectively, the "settlement agreement"), setting forth the Township's third round affordable housing obligation covering the period 1999 to 2025. In addition, the Township entered into an Agreement, between Township of East Windsor and Community Investment Strategies, Inc., in January 2018 regarding 300-C Princeton Hightstown Road which included this property as a mechanism to satisfy its obligation. This new zoning district is an overlay zoning district to the existing RO Research Office Zoning District which designation shall remain in full effect.
[Ord. No. 2018-11]
The maximum number of permitted dwelling units and affordable housing units within the R-M AH — Residential Multifamily Affordable Housing Zoning District is 80 multi-family units.
[Ord. No. 2018-11]
a. 
Dwelling, multifamily.
b. 
Dwelling, attached.
c. 
Dwelling, stacked attached.
[Ord. No. 2018-11]
a. 
Structures designed for recreation or community use as a part of the multifamily affordable housing development.
b. 
Outdoor patio and passive recreation area, which can include barbecue areas.
c. 
Tot lots, active recreation areas, and gardens including vegetable gardens.
d. 
Gazebos, pergolas and similar outdoor landscape structures.
e. 
Dog parks.
f. 
Off-street parking facilities.
g. 
Community clubhouse with indoor amenities.
h. 
Management and leasing offices.
i. 
Maintenance office and storage areas.
j. 
Maintenance shed not to exceed 120 square feet and 15 feet in height.
k. 
Solid waste facilities.
l. 
Signs. (See Subsection 20-5.16.7b for standards.)
[Ord. No. 2018-11]
a. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage and cable television, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies or utilities. All such equipment, devices and structures shall be adequately screened from adjacent and surrounding properties and public ways.
[Ord. No. 2018-11]
a. 
The R-M AH Zoning District is designed to permit a maximum of 80 total multifamily units.
b. 
Minimum parking setback shall be 5 feet from all property lines, except the property line which adjoins the property identified as Block 5, Lots 2.01 and 27.04 on the Township tax maps shall not have a setback requirement.
c. 
Minimum landscaped buffer adjacent to parking along property perimeter shall be 10 feet from all property lines, except the property line which adjoins the property identified as Block 5, Lots 2.01 and 27.04 on the Township tax maps shall not have a buffer requirement.
d. 
Minimum distance from building to parking shall be 10 feet.
e. 
Maximum number of dwelling units per building shall not exceed 25.
f. 
There is no frontage requirement for this zoning district, access shall be obtained through adjoining properties through recorded easements.
[1]
Editor's Note: Schedule of District Regulations is included as an attachment to this chapter.
[Ord. No. 2018-11]
a. 
Affordable housing units shall be affordable rentals and shall not be age-restricted.
b. 
Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1, et seq., except that instead of 10% of the affordable units being made affordable to households earning 30% of median income, 13% of the affordable units shall be made affordable to such households. The affordable units shall also comply with the UHAC regulations related to bedroom distribution and range of affordability. UHAC regulations shall also govern pricing and rent of units, affirmative marketing, and other affordability controls except if the development is financed with the Low Income Housing Tax Credits (LIHTC) in which case that program controls. Regardless of financing source, 13% of the affordable units shall be made affordable to households earning 30% or less of median income as part of a minimum of 50% of the affordable units being made affordable to households earning 50% or less of median income.
c. 
The LIHTC program requirements shall control and replace Subsections 20-20.5, 20-20.7, 20-20.9, 20-20.10, and 20-20.15 through 20-20.17 in this zoning district, provided that the Affirmative Fair Housing Marketing Plan required to be submitted by the LIHTC program requirements shall comply with the settlement agreement's requirements as to organizations to be notified of availability of and provided applications for units.
d. 
Subsection 20-21.4 is not applicable to this zoning district.
[Ord. 1989-4; Ord. 1991-11, § I; Ord. 1992-35, § II; Ord. No. 2015-08 § 1; Ord. No. 2018-11]
a. 
Building Design. The design of the buildings shall be residential and not institutional and shall conform to the following:
1. 
Architectural elevations and floor plans shall be provided for each type of building.
2. 
Maximum length of buildings shall not exceed 180 feet.
3. 
Variations in setback, materials, colors and design including breaks in the building façade shall be encouraged to reduce and separate the building mass.
4. 
Rooflines shall be pitched. If flat roofs are provided, they shall incorporate design techniques to shield any roof mounted equipment.
5. 
All HVAC and mechanical equipment shall be adequately screened from view.
6. 
All units shall be designed in a unified architectural style.
b. 
Circulation and Parking.
1. 
Access shall be through the existing commercial development with access provided pursuant to recorded easements.
2. 
Parking shall comply in accordance with the applicable Residential Site Improvement Standards (RSIS).
3. 
Landscaping requirements of Subsections 19A-2.3h and 19A-2.3k are not applicable to this zoning district so as to achieve the required density. However, adequate lighting and aesthetically pleasing landscaping shall be provided.
4. 
Loading areas pursuant to Subsection 19A-2.4a are not required in this zoning district.
c. 
Open Space.
1. 
A minimum of 20% of the tract shall be used for conservation, recreation and/or other open space.
2. 
No more than one-half of the minimum 20% of land area may be wetlands, wetlands buffer, 100-year flood plains or lands with a topographic slope of 15% or greater.
d. 
Utilities/Services. All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
a. 
Detached dwellings.
a. 
Private garages and carports.
b. 
Residential swimming pools.
a. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
b. 
Professional Offices on Transitional Lots:
1. 
The building shall be as close in appearance to a single-family residential building as is practical in order to effect a reasonable transition from the business district to the residential district.
2. 
The off-street parking area shall be located as close as possible to the Commercial zone, and the access drive shall be located as far from the residences in the single family district as is practical.
3. 
Site development shall adhere to the building and setback requirements as set forth in this chapter for the R-1 zoning district.
a. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
No driveway shall be located within three feet of a side or rear property line.
b. 
No more than one principal building shall be used as a detached dwelling on a lot.
c. 
Provisions for vehicle turnaround shall be made for each dwelling fronting on a collector or arterial street.
d. 
At least one of the required off-street parking spaces for detached dwellings, patio homes and zero lot line homes shall be provided in an attached or detached private garage or carport.
e. 
The terms of the Residential Building Appearance provisions of this chapter shall apply.
a. 
Retirement communities with a minimum of 50 dwelling units.
b. 
Houses of worship.
c. 
Nursing home and clinic.
a. 
Central dining facilities.
b. 
Recreational and social facilities
c. 
Off-street parking facilities.
a. 
None.
a. 
The gross residential density shall not exceed 14 dwelling units per acre. A nursing home shall not be considered in calculating density.
b. 
The minimum development area shall be 30 acres in contiguous parcels.
c. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
If a planned retirement community is located on contiguous property which is partly in the Township and partly in an adjoining municipality, buildings and facilities which are located in the adjoining municipality shall be included in determining whether the requirements of this section are met.
a. 
Planned adult communities with a minimum of 50 units and with a minimum age of 45 years.
b. 
Nursing home and clinic.
c. 
Senior citizen housing with a minimum age of 62 years.
a. 
Central dining facilities.
b. 
Recreational and social facilities.
c. 
Off-street parking facilities.
Office uses in accordance with the standards set forth herein for the Research-Office zone.
a. 
The gross residential density shall not exceed five dwelling units per acre for a planned adult community.
b. 
A nursing home shall not exceed a floor area ratio of .30.
c. 
A senior citizen housing development with a minimum age of 62 years shall not exceed a density of 14 units per acre, unless it can be demonstrated that a higher density is warranted based upon the anticipated occupancy of the building and that the use will not adversely impact the sanitary sewer system due to effluent discharge which exceeds that anticipated in the adopted utility services element of the master plan.
d. 
There shall be a minimum setback of 50 feet from all streets and property lines, and residential uses shall be effectively buffered and screened from nearby commercial or nonresidential uses.
e. 
Total improvement coverage shall not exceed 50%.
f. 
A residential development with a minimum age of 55 years shall not exceed a density of eight units per acre.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
Development in this district shall continue to follow the provisions of § 20-35 of this chapter.
a. 
Mobile home parks.
b. 
Manufactured homes.
c. 
Trailers as defined in the Municipal Land Use Law shall not be permitted.
a. 
Office and maintenance facilities for a mobile home park.
b. 
Community swimming pool.
c. 
Community recreation facilities, indoor and outdoor.
d. 
Mobile home sales as part of a mobile home park.
a. 
None.
a. 
Standards for development of a mobile home park shall be as set forth in Subsection 6-7.4 of the Revised General Ordinances.
b. 
Manufactured homes, whether on individual lots or common land shall meet the same standards as set forth for mobile home parks in Subsection 6-7.4 of the Revised General Ordinances.
c. 
Gross residential density for manufactured homes and mobile home parks shall not exceed six units per acre.
d. 
Off-street parking shall be provided at a rate of 1.25 parking spaces per dwelling unit.
a. 
Retail stores selling groceries and foodstuffs, drugs and pharmaceuticals, fabrics, flowers, stationery, baked goods, hardware, sporting goods, hobby supplies, and similar convenience items.
b. 
Business establishments having as their primary function the rendering of personal services within a building, including barber and beauty shops, tailoring and dressmaking, dry cleaning, shoe repairing, self-service laundries, radio and television service, upholsterers, appliance repair shops, and similar convenience services.
c. 
Restaurants, excluding fast food restaurants.
d. 
Offices and office buildings, including medical professional.
e. 
Banks and financial institutions.
f. 
Day-care centers, child-care centers, and nursery schools.
g. 
Art, music and dancing schools.
a. 
Off-street parking and loading facilities.
b. 
Private garages or storage buildings.
a. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
b. 
Automobile service stations with a minimum lot area of 30,000 square feet, a minimum lot frontage of 250 feet, a minimum building setback of 75 feet from the street line, a minimum side and rear yard of 40 feet, and a maximum improvement coverage of 80%. The fuel dispensers shall be located a minimum of 20 feet from the street line and 35 feet from any side or rear lot line. Driveways shall not be wider than 30 feet, and must be at least five feet from any side lot line and a sufficient distance from a street intersection to assure the safe and efficient movement of traffic. The entire area of a site traversed by motor vehicles shall be paved and drained in a manner approved by the Planning Board. All precautions shall be taken to prevent gasoline, oil, and other petroleum products from entering any storm drain. A minimum 15 foot wide strip across all unpaved street frontages and property lines shall be landscaped as set forth in the Technical Standards. Appropriate and visually effective planting buffer screens shall be provided along side and rear property lines which abut property in residential use or zoned for such use. Any repair of motor vehicles is permitted provided it is performed in a fully enclosed building. No motor vehicle shall be displayed for sale on the site, and no motor vehicle shall be stored on the site for a period of longer than 90 days.
A canopy shall be permitted as a separate accessory structure or as an attachment to the principal building. The height of the canopy shall be no greater than 18 feet, and the canopy shall provide a minimum clearance of 14 feet six inches. The length and width of the canopy shall be no longer than that necessary to provide shelter to the vehicles receiving service at the pump islands. The canopy may be extended to the building from the pump islands, with no greater canopy mass permitted than that which is required to provide shelter between the pump islands and the building. Roof drains shall be provided and no canopy shall be approved which allows direct runoff of stormwater from the edge of the canopy. Lighting shall be permitted under the canopy provided the light source is not visible from the street or adjoining properties, and provided further that the lighting is directed downward to provide illumination of the fuel dispensing area under the canopy.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
All of the following uses require frontage on Route 130 or on a street which intersects with Route 130. Lots which do not fall in either category shall be limited to the uses in paragraphs d and g below.
a. 
Retail sales of goods. Preparation, processing, storage, warehousing or manufacturing shall be permitted only if accessory to the retail sale of goods on the premises.
b. 
Business establishments having as their primary function the rendering of personal services within a building. Preparation, processing, storage, warehousing or manufacturing shall be permitted only if accessory to the services rendered on the premises.
c. 
Restaurants, including cocktail lounges and taverns.
d. 
Offices and office buildings, including medical professional.
e. 
Hotels and motels.
f. 
Banks and financial institutions.
g. 
Mortuaries and funeral homes.
h. 
Lumber yard.
i. 
Movie theater, bowling alley and similar recreation or cultural facilities within a fully enclosed building.
j. 
Commuter parking facilities.
k. 
Day-care centers, child-care centers, and nursery schools.
a. 
Off-street parking and loading facilities.
b. 
Private garages or storage buildings.
a. 
Houses of worship on lots of two acres or larger with a minimum of one parking space for each three seats, with the parking areas located in the side or rear yard only and adequately buffered from adjoining residential properties.
b. 
Automobile service stations with a minimum lot area of 30,000 square feet, a minimum lot frontage of 250 feet, a minimum building setback of 75 feet from the street line, a minimum side and rear yard of 40 feet, and a maximum improvement coverage of 80%. The fuel dispensers shall be located a minimum of 20 feet from the street line and 35 feet from any side or rear lot line. Driveways shall not be wider than 30 feet, and must be at least five feet from any side lot line and a sufficient distance from a street intersection to assure the safe and efficient movement of traffic. The entire area of a site traversed by motor vehicles shall be paved and drained in a manner approved by the Planning Board. All precautions shall be taken to prevent gasoline, oil, and other petroleum products from entering any storm drain. A minimum 15 foot wide strip across all unpaved street frontages and property lines shall be landscaped as set forth in the Technical Standards. Appropriate and visually effective planting buffer screens shall be provided alongside and rear property lines which abut private property in residential use or zoned for such use. Any repair of motor vehicles is permitted in a fully enclosed building. No motor vehicle shall be displayed for sale on the site, and no motor vehicle shall be stored on the site for a period of longer than 90 days.
A canopy shall be permitted as a separate accessory structure or as an attachment to the principal building. The height of the canopy shall be no greater than 18 feet, and the canopy shall provide a minimum clearance of 14 feet six inches. The length and width of the canopy shall be no longer than that necessary to provide shelter to the vehicles receiving service at the pump islands. The canopy may be extended to the building from the pump islands, with no greater canopy mass permitted than that which is required to provide shelter between the pump islands and the building. Roof drains shall be provided and no canopy shall be approved which allows direct runoff of stormwater from the edge of the canopy. Lighting shall be permitted under the canopy provided the light source is not visible from the street or adjoining properties, and provided further that the lighting is directed downward to provide illumination of the fuel dispensing area under the canopy.
c. 
Motor vehicle sales and other uses having as their primary function the sale or rental of retail goods displayed outdoors, provided no goods shall be displayed, stored or sold within 50 feet of a front lot line. No goods shall be displayed in a manner which will impede access by fire-fighting or other emergency equipment to any structure or other goods on the premises. No goods shall be displayed, stored or sold within 20 feet of a rear or side lot line. A landscape strip or a landscape buffer at least 15 feet wide shall be provided along each lot line.
d. 
Carwash establishments shall be permitted provided all washing activities are conducted within a fully enclosed building. All vehicle entrances to the building shall be from the rear or side of the building and all parked and waiting vehicles shall be accommodated on the lot. All of the area, yard, building coverage and height requirements of the HC district shall be met.
e. 
Auto body shops and other automotive repair shops which do not sell gasoline shall be permitted provided all repair activities are conducted within a fully enclosed building. Any motor vehicle awaiting repair may be located on the premises provided that said vehicle is located in the rear or side yard and is screened from view such that no stored vehicle is visible from the front of the premises or from any adjacent premises. No motor vehicle shall be displayed for sale on the site. No motor vehicle shall be stored on the site for a period longer than 90 days. All of the area, yard, building coverage and height requirements of the HC district shall be met.
a. 
Notwithstanding any provision of this chapter to the contrary, the following minimum front yard setbacks shall be provided for development within the HC Highway Commercial zoning district:
1. 
When parking is excluded from the front yard, a minimum 50-foot front yard principal building setback shall be provided, and when parking is included in the front yard, a minimum 80-foot front yard setback shall be provided; except that
2. 
For properties zoned HC west of Lanning Boulevard along Route 571, the front yard principal building and parking area setback from Route 571 shall be 75 feet and the front yard principal building and parking area setback from One Mile Road shall be 50 feet.
b. 
See the "Schedule of District Regulations" table of this chapter for additional requirements.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
Notwithstanding any provision of this chapter to the contrary, the following minimum front yard landscaped buffer setback areas shall be provided for developments within the HC zoning district in order to mitigate against the appearance of buildings and paved areas from the street and from abutting residential properties:
1. 
A minimum 15-foot landscaped setback area shall be provided along any street, except that, for HC zoned lands west of Lanning Boulevard along Route 571, the minimum front yard landscaped setback shall be 75 feet along Route 571 and 50 feet along One Mile Road; and
2. 
A minimum 25-foot landscaped buffer setback shall be provided along any property line which abuts a residential zoning district or any existing residential use.
b. 
Driveways shall not be wider than 36 feet at any point and must be at least ten feet from any side lot line and 100 feet from intersecting street lines.
c. 
Efforts shall be made to secure cross-access easements between adjoining commercial properties to provide convenient access.
d. 
For properties zoned HC west of Lanning Boulevard along Route 571 and One Mile Road, freestanding signs, except for directional signs, shall be ground-mounted on a solid base with no visible poles, columns or other upright supports. Freestanding signs shall not exceed eight feet in height and shall not be more than 100 square feet in size.
[Ord. No. 1989-4; Ord. No. 2016-6 § 1]
a. 
Hotels and motels, not including tourist cabins, trailer camps or camp sites.
b. 
Restaurants, including cafes, cocktail lounges and taverns excluding drive-in and fast food restaurants with drive-through service windows.
c. 
Office buildings, including medical office.
d. 
Day-care centers, child-care centers, and nursery schools.
e. 
Retail sales and service including caterer, bakery, copy store, party supply rental, tuxedo rental shops, florists, stationery stores, bakeries, sporting goods stores, hobby shops and jewelry stores.
f. 
Garden center.
g. 
Indoor and outdoor recreation and fitness.
h. 
Technical and professional schools, training and conference centers.
i. 
Financial institutions.
a. 
Off-street parking and loading facilities.
b. 
Private garages or storage buildings.
a. 
Office buildings meeting the requirements set forth for the TC District in the Schedule of District Regulations.
b. 
Cellular antennas for telephone, radio, paging and/or television communication as "conditional uses" under N.J.S.A. 40:55D-67 and in accordance with the specific zoning conditions and standards for their location and operation included within § 20-34 of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
The minimum front yard setback and landscape strip in the TC District shall be as follows: along any existing or proposed expressway and its appurtenant ramps, a front yard of 100 feet and a landscape strip of 30 feet; along any other street when parking is provided in the front yard, a front yard of 80 feet and a landscape strip of 15 feet; and along any other street when parking is excluded from the front yard, a front yard of 50 feet and no landscape strip required.
b. 
Front, side and rear setbacks, as set forth in the Schedule of District Regulations, shall be increased by ten feet for each additional ten feet in building height or fraction thereof in excess of 35 feet. Maximum improvement coverage shall be decreased by five percentage points for each additional ten feet in building height or fraction thereof in excess of 35 feet.
c. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
A landscape buffer at least 25 feet wide shall be provided along all property lines which abut residential districts or residential uses. The buffer shall be planted with a visually effective screen.
[Ord. 1989-4; Ord. 1991-11, § I; Ord. 1992-35, § II; Ord. No. 2015-08 § 1]
a. 
Manufacturing, preparation, processing or fabrication of products, with all activities and product storage taking place within a completely enclosed building.
b. 
Scientific or research laboratories which are devoted to research, design and experimentation including experimental operation of equipment and pilot plants.
c. 
The warehousing or storage of products within a completely enclosed building provided that no retail sales or motor freight facilities shall be permitted except as incidental and accessory to a permitted or conditional use.
[Ord. No. 2015-08]
d. 
Computer centers.
e. 
Pharmaceutical operations.
f. 
Offices and office buildings, including medical professional.
g. 
Industrial office parks meeting the specific Bulk and Area Requirements set forth in Subsection 20-19.4 of this chapter.
h. 
Commuter parking facilities.
i. 
Agricultural and horticultural uses.
j. 
Day-care centers, child-care centers, and nursery schools.
a. 
Uses on the same lot which are customarily incidental to any of the above permitted uses which may include but shall not be limited to storage within a completely enclosed building.
b. 
A cafeteria or other service facility located within a building and operated for the exclusive use of occupants of the complex.
c. 
A recreational area for the occupants.
d. 
Living quarters for watchmen and caretakers.
e. 
Off-street parking and loading facilities.
f. 
Retail and wholesale sale of goods, wares and merchandise provided that such sales are on the same lot and clearly incidental to a permitted use in which such goods, wares and merchandise are manufactured, processed or packaged.
g. 
Television and radio recording and other communications facilities, including accessory antennae located on the same lot.
a. 
Helistops as an accessory to a permitted use subject to a finding that the anticipated landing and take-off patterns will not be a nuisance to residential development.
b. 
Restaurants, excluding fast food restaurants and drive-in restaurants, when located within industrial office parks of 100 acres or more, provided the following conditions are met:
1. 
There shall be no more than one restaurant for each 100 acres of industrial office park area.
2. 
A traffic study shall be submitted demonstrating that the restaurant traffic will not adversely impact on the internal and external road networks.
3. 
Restaurants shall be open to the general public.
4. 
Restaurant design shall be consistent with that of the industrial office park development.
c. 
Hotels and motels, not including tourist cabins, trailer camps or camp sites, meeting the standards of the TC District as set forth in the Schedule of District Regulations of this chapter.
d. 
Cellular antennas for telephone, radio, paging and/or television communication as "conditional uses" under N.J.S.A. 40:55D-67 and in accordance with the specific zoning conditions and standards for their location and operation included within § 20-34 of this chapter.
e. 
Assisted living facilities as "conditional uses" under N.J.S.A. 40:55D-67 and in accordance with the specific conditions and standards as set forth in § 20-24 of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
The minimum front yard setback and landscape strip in the R-O District shall be as follows:
1. 
Along County Route 571, a front yard of 175 feet and a landscape strip of 175 feet.
2. 
Along One Mile Road, Edinburgh Road, Millstone Road, North Main Street, Route 130, Wyckoff Mills Road, proposed Route 92, the New Jersey Turnpike and Probasco Road, a front yard of 150 feet and a landscape strip of 100 feet.
3. 
From all other public streets, a front yard of 100 feet and a landscape strip of 50 feet.
b. 
The minimum side and rear yard landscape buffer shall be 50 feet, except that when adjacent to a residential district a 100 foot landscape buffer shall be provided.
c. 
Industrial office parks shall be a minimum of 25 acres in land area and they shall have no less than 500 feet of frontage on a public road. The Planning Board shall require the applicant to establish such organizational, administrative and financial arrangements and guarantees as are necessary to satisfy the Board that common property can be adequately maintained on a permanent basis. Lot sizes and dimensions shall be freely disposed throughout the industrial office park provided the development in total does not exceed the height, floor area ratio or coverage requirements of this district. Yards, lot areas and other dimensional requirements of this chapter may be altered in the internal parts of the industrial office park provided the external landscaped buffers and setbacks are maintained.
d. 
See the schedule of District Regulations of this chapter.
e. 
Cellular antennas for telephone, radio, paging and/or television communication as "conditional uses" under N.J.S.A. 40:55D-67 and in accordance with the specific zoning conditions and standards for their location and operation included within § 20-34 of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
Freestanding signs, except for directional signs, shall be ground-mounted on a solid base with no visible poles, columns or other upright supports. Freestanding signs shall not exceed eight feet in height and shall not be more than 100 square feet in size.
a. 
Manufacturing, preparation, processing or fabrication of products, with all activities and product storage taking place within a completely enclosed building.
b. 
Scientific or research laboratories which are devoted to research, design and experimentation including experimental operation of equipment and pilot plants.
c. 
The warehousing or storage of products within a completely enclosed building provided that no retail sales or motor freight facilities shall be permitted except as incidental and accessory to a permitted or conditional use.
d. 
Computer centers.
e. 
Pharmaceutical operations.
f. 
Offices and office buildings, including medical professional.
g. 
Industrial office parks meeting the specific Bulk and Area Requirements as set forth in Subsection 20-19.4 of this chapter.
h. 
Commuter parking facilities.
i. 
Agricultural and horticultural uses.
j. 
Day care centers, child care centers, and nursery schools.
k. 
Continuing care developments in accordance with the zoning provisions contained in Subsection 20-19.5 hereinbelow.
a. 
Uses on the same lot which are customarily incidental to any of the above permitted uses which may include but shall not be limited to storage within a completely enclosed building.
b. 
A cafeteria or other service facility located within a building and operated for the exclusive use of occupants of the building.
c. 
A recreational area for the occupants.
d. 
Living quarters for watchmen and caretakers.
e. 
Off-street parking and loading facilities.
f. 
Retail and wholesale sale of goods, wares and merchandise provided that such sales are on the same lot and clearly incidental to a permitted use in which such goods, wares and merchandise are manufactured, processed or packaged.
g. 
Television and radio recording and other communications facilities, including accessory antennae located on the same lot.
a. 
Helistops as an accessory to a permitted use subject to a finding that the anticipated landing and take-off patterns will not be a nuisance to residential development.
b. 
Restaurants, excluding fast food restaurants and drive-in restaurants, when located within industrial office parks of 100 acres or more, provided the following conditions are met:
1. 
There shall be no more than one restaurant for each 100 acres of industrial office park area.
2. 
A traffic study shall be submitted demonstrating that the restaurant traffic will not adversely impact on the internal and external road networks.
3. 
Restaurants shall be open to the general public.
4. 
Restaurant design shall be consistent with that of the industrial office park development.
c. 
Hotels and motels, not including tourist cabins, trailer camps or camp sites, meeting the standards of the TC District as set forth in the Schedule of District Regulations of this chapter.
d. 
Buildings which include floor area devoted to warehousing or storage of products or which function as distribution centers shall be permitted to exceed the floor area ratio for the I-O district of 0.25. The floor area ratio maximum under the provisions of this conditional use procedure shall not exceed 0.40 and the following standards shall apply in order to qualify for this higher floor area ratio:
1. 
At least 50% of the gross floor area of the building or buildings on the site is devoted to warehousing or storage of products.
2. 
Conditions will be imposed on the use of the building to assure that the warehousing and storage minimum of 50% of gross floor area is maintained.
3. 
The allowable building coverage as set forth in Schedule of District Regulations shall be permitted to increase to 40% in order to accommodate the increased allowable floor area ratio. The maximum improvement coverage of 75% shall not be exceeded.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
a. 
The minimum front yard setback and landscape strip in the I-O District shall be as follows:
1. 
Along Milford Road, the New Jersey Turnpike, and Old York Road, a front yard of 150 feet and a landscape strip of 100 feet.
2. 
From all other public streets, a front yard of 100 feet and a landscape strip of 50 feet.
b. 
The minimum side and rear yard landscape buffer shall be 50 feet, except that when adjacent to a residential district a 100 foot landscape buffer shall be provided.
c. 
Industrial office parks shall be a minimum of 25 acres in land area and they shall have no less than 500 feet of frontage on a public road. The Planning Board shall require the applicant to establish such organizational, administrative and financial arrangements and guarantees as are necessary to satisfy the board that common property can be adequately maintained on a permanent basis. Lot sizes and dimensions shall be freely disposed throughout the industrial office park provided the development in total does not exceed the height, floor area ratio or coverage requirements of this district. Yards, lot areas and other dimensional requirements of this chapter may be altered in the internal parts of the industrial office park provided the external landscape buffers and setbacks are maintained.
d. 
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred to herein may be found as an attachment to this chapter.
Notwithstanding any other ordinance provision to the contrary, the following ordinance provisions shall govern the development of a continuing care development (CCD) in the "I-O" zoning district:
a. 
The continuing care development (CCD) may only occur on a tract of land at least 50 acres in area to the west of the New Jersey Turnpike and with vehicular access from two collector roadways.
b. 
The CCD shall consist of the following three component principal uses:
1. 
Life care residences including, but not limited to, assisted living, nursing home and/or skilled nursing care, post acute or sub-acute care, Alzheimer's/dementia care, and hospice and palliative care, provided that no more than 170 total beds shall be permitted.
2. 
Independent senior housing units for people at least 55 years old, provided that no more than 120 total dwelling units shall be permitted.
3. 
Life care community services including, but not limited to, adult day care; senior health and wellness services; senior care education, training and research services; health rehabilitation services; visiting nurse and hospice care services; and life-care and geriatric coordination services.
c. 
Permitted accessory uses and activities will include central dining facilities, recreational and social activities, administrative and medical offices, hair salons, off-street parking, and other customary, incidental and subordinate accessory uses.
d. 
One freestanding development identification sign shall be permitted at each driveway entrance into the development from a public street. Any such sign shall be ground-mounted on a solid base with no visible poles, columns or other upright supports, shall not exceed eight feet in height, shall not be more than 100 square feet in area, and shall be set back at least 15 feet from any street right-of-way and tract boundary line.
e. 
A minimum 100 foot wide landscaped buffer area shall be provided along any street right-of-way and any tract boundary line which abuts a residential zoning district or existing residential land use.
1. 
The 75 foot width of the landscaped buffer area abutting any tract boundary line shall have buffer plantings installed atop and along earthen berms as approved by the Planning Board.
2. 
The remaining 25 foot width of the landscaped buffer area may consist of a grassed area atop a stabilized base suitable for emergency vehicle access.
f. 
Notwithstanding any other ordinance provision to the contrary, the following measurements shall govern the development of the CCD:
Measurement
Requirement
Minimum lot width
300 ft.
Minimum lot depth
1,500 ft.
Minimum front yard setback
250 ft.
Minimum building setback from any tract boundary line
100 ft.
Minimum parking setback from any tract boundary line
50 ft.
Maximum building height
48 ft. & 3 stories*
Measurement
Requirement
Maximum building coverage
10%
Maximum improvement coverage
30%
*Note: Ornamental architectural features such as cupolas, tower structures, etc. may be provided atop the roof line, provided they occupy no more than 10% of the linear distance of any roof line and that, in any case, no portion of any building is higher than 55 feet.
g. 
The following minimum off-street parking shall be provided; however, additional parking spaces may be required by the Planning Board to be provided and/or be banked for possible future construction based upon evidence presented to the board during their review of a submitted application for development:
Life Care Residences:
1.1 spaces per bed
Independent Senior Housing Units:
1.2 spaces per dwelling unit
Life Care Community Services:
1 space per 400 sq. ft.
h. 
The design of the CCD, though subject to change and refinement between the Township and the developer, shall be patterned after the March 24, 2014 "Concept Plan" prepared by Maser Consulting.
[Ord. Nos. 1985-26, 2000-16, 2017-09 § 1; Superseded by Ord. No. 2017-16 § 1]
a. 
This section of the Township ordinances sets forth regulations regarding the low and moderate income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing" ("COAH"), N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Township's constitutional obligation to provide a fair share of affordable housing for low and moderate income households. In addition, this section applies requirements for very-low income housing as established in P.L. 2008, c. 46, at N.J.S.A. 52:27D-329.1.
b. 
This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low, low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.
c. 
The Township Planning Board has previously adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The Plan has also been endorsed by the Township Council. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by COAH or the Superior Court and documented in the Housing Element.
d. 
This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented, UHAC and the NJ Fair Housing Act ("FHA"), N.J.S.A. 52:27D-301, et seq.
e. 
Pursuant to the requirements of the FHA, the Township shall file annual monitoring reports and status reports with COAH or the Superior Court and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Township Municipal Building, 16 Lanning Boulevard, East Windsor, NJ 08520.
As used herein, the following terms shall have the following meanings:
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING
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
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a very-low, low- or moderate-income household as defined in N.J.A.C. 5:93-7.4 and in N.J.S.A. 52:27D-329.1 for very-low income units; 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
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
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.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
AGE-RESTRICTED UNIT
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 or older; or 2) at least 80% of the units are occupied by one person that is 55 years 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.
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility 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
A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
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
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
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.
FAIR SHARE PLAN
The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.
HOUSING ELEMENT
The portion of the Township Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NON-EXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between spouses; 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.
RANDOM SELECTION PROCESS
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
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 adopted/approved Regional Income Limits.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
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
A dwelling unit, whether a rental unit or 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 MONI.
SPECIAL MASTER
An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1, et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
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 rehabilitation.
New construction or inclusionary component will be divided equally between low- (including very-low-income) and moderate-income households, per N.J.A.C. 5:93-2.20.
The following requirements shall apply to all new or planned developments that contain low- (including very-low income) and moderate-income housing units.
a. 
Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low and moderate income units whether developed in a single phase development, or in a multi-phase development:
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
b. 
Design, Distribution, and Locational Criteria. To the extent reasonably attainable, the very-low-, low- and moderate-income units shall not be situated in less desirable locations and should be as accessible to the common open space, public facilities or shopping facilities, if any are provided, as market rate units. In inclusionary developments, the affordable units shall be dispersed throughout the development.
c. 
Payments-in-lieu and off-site construction. The standards for the collection of payments-in-lieu of constructing affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:93-8.10 (c).
d. 
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
e. 
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.
2. 
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
3. 
Within rental developments, of the total number of affordable rental units, at least 13% shall be affordable to very-low income households.
4. 
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.
5. 
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. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
f. 
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.
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 interior accessible route of travel shall not be required between stories within an individual unit;
(e) 
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; 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, 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, the builder of restricted units shall deposit funds within the Township of East Windsor'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 f2(f)(2) herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any 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 from adaptable to accessible entrances to the Construction Official of the Township of East Windsor.
(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 that the cost estimate of such conversion is reasonable, payment shall be made to the Township affordable housing trust fund in care of the municipal Chief Finance Officer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
(6) 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
a. 
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.
b. 
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 low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
c. 
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.
1. 
At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.
d. 
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 prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
e. 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
1. 
A studio or efficiency unit shall be affordable to a one-person household;
2. 
A one-bedroom unit shall be affordable to a one and one-half person household;
3. 
A two-bedroom unit shall be affordable to a three-person household;
4. 
A three-bedroom unit shall be affordable to a four and one-half person household; and
5. 
A four-bedroom unit shall be affordable to a six-person household.
f. 
In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:
1. 
A studio or efficiency unit shall be affordable to a one-person household;
2. 
A one-bedroom unit shall be affordable to a one and one-half person household; and
3. 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
g. 
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.
h. 
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 household size 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.
i. 
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.
j. 
The rent of low- and moderate-income units may be increased annually based on the 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.
k. 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
For any affordable housing unit that is part of a condominium association and/or homeowners' association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.
a. 
The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of COAH or the Superior Court, 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 also 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 all marketing activities toward COAH Housing Region 4 and covers the period of deed restriction.
c. 
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 4, comprised of Mercer, Monmouth, and Ocean Counties.
d. 
The Administrative Agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.
e. 
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.
f. 
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
g. 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of East Windsor.
a. 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
1. 
Provide an occupant for each bedroom;
2. 
Provide children of different sex with separate bedrooms; and
3. 
Prevent more than two persons from occupying a single bedroom.
b. 
Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.
a. 
The administrative agent shall use a random selection process to select occupants of low- and moderate- income housing.
b. 
A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26, et seq.
a. 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years.
b. 
Rehabilitated owner-occupied single family housing units that are improved to code standards shall be subject to affordability controls for a period of ten years.
c. 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
d. 
The affordability controls set forth in this Ordinance shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
e. 
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 that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
a. 
At the end of 25 years from the issuance of the last certificate of occupancy in a development, the Township Council shall review the obligation of the Township for the continued maintenance of low- and moderate-income units and shall establish by ordinance whether or not all or a portion of the then-existing low- and moderate-income units will remain as such for a period in excess of 30 years. If the Township Council determines that all or a portion of these units shall not be maintained as low- and moderate income units, the Council shall by ordinance determine the disposition of any resale profits in excess of the profit which would be allowed had the units remained as low- and moderate-income units.
b. 
This subsection shall be set forth in its entirety in all documents and covenants running with the land to insure proper notice of the terms and conditions of this subsection, and shall be in a form acceptable to the Township attorney.
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:
a. 
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
b. 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
c. 
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
d. 
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. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
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. 
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 certified monthly income.
a. 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.
b. 
With the exception of original purchase money mortgages, during a control period 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 that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
a. 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years.
b. 
Developments that receive 9% Low Income Housing Tax Credits shall have control periods of not less than 30 years, plus a 15-year extended use period.
c. 
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of ten years.
d. 
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 filed by the developer or seller with the records office of the County of Mercer. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.
e. 
A restricted rental unit shall remain subject to the affordability controls of this Ordinance, 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.
a. 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, 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 ordinance.
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, 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 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 (b)1 through 5 above with the Administrative Agent, who shall counsel the household on budgeting.
Each housing unit created through the conversion of a non-residential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:270-301 et seq. incorporates the need to eliminate unnecessary cost-generating features from East Windsor's land use ordinances. Accordingly, East Windsor will eliminate development standards that are not essential to protect the public welfare and to expedite or fast-track municipal approvals/denials on inclusionary development applications. East Windsor will adhere to the components of N.J.A.C. 5:93-10.1- 10.3.
a. 
The position of Municipal Housing Liaison for the Township of East Windsor is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Council and be subject to the approval by COAH or the Superior Court.
b. 
The Municipal Housing Liaison must be either a full-time or part-time employee of the Township.
c. 
The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.
d. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of East Windsor, including the following responsibilities which may not be contracted out to the Administrative Agent:
1. 
Serving as the municipality's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;
2. 
The implementation of the Affirmative Marketing Plan and affordability controls;
3. 
When applicable, supervising any contracted Administrative Agent;
4. 
Monitoring the status of all restricted units in the Township of East Windsor's Fair Share Plan;
5. 
Compiling, verifying and submitting annual reports as required by the Superior Court;
6. 
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
7. 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.
a. 
The Township shall designate by resolution of the Township Council, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC. The Administrative Agent shall, as delegated by the Township Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities.
b. 
An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk.
c. 
The Administrative Agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including N.J.A.C. 5:80-26.14, 16 and 18, and described in the Operating Manual, which includes:
1. 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing;
2. 
Affirmative Marketing;
3. 
Household Certification;
4. 
Affordability Controls;
5. 
Records retention;
6. 
Resale and re-rental;
7. 
Processing requests from unit owners; and
8. 
Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.
a. 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the 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 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 municipality may file a court action 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 found 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 court:
(a) 
A fine of not more than $500.00 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(b) 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c) 
In the case of an owner who has rented his or her 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 court.
2. 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any 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- and moderate-income unit.
c. 
Such judgment shall be enforceable, at the option of the municipality, 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 the right to possession terminated as well as the title conveyed pursuant to the sheriffs sale.
d. 
The proceeds of the sheriffs 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 municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriffs sale. In the event that the proceeds from the sheriffs sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the 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 municipality 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 municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
e. 
Foreclosure by the municipality 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 sheriffs 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 sheriffs sale shall not be entitled to any right of redemption.
f. 
If there are no bidders at the sheriffs sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality 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.
g. 
Failure of the low- and moderate-income unit to be either sold at the sheriffs 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.
h. 
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.
Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing with the Township.
[Ord. Nos. 1999-1, 2000-12 § 2, 2005-03, 2006-2, 2008-8, 2008-13; superseded by Ord. No. 2017-16 § 2]
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 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through N.J.S.A. 40:55D-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 COAH or a Court of competent jurisdiction and have a COAH or NJ Superior Court-approved spending plan may retain fees collected from nonresidential development.
c. 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's extant regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low-, and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.1-8.22.
As used in this section, the following terms shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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 one-hundred-percent affordable development.
COAH
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
DEVELOPER
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 FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.
EQUALIZED ASSESSED VALUE
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 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
GREEN BUILDING STRATEGIES
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.
a. 
East Windsor's initial development fee ordinance was approved by COAH on July 19, 2000 and an amended ordinance was approved by COAH on September 2, 2008. Amendments to this section shall not be effective until approved by COAH or the NJ Superior Court pursuant to N.J.A.C. 5:93-8.2.
b. 
The Township shall not spend development fees until COAH or the NJ Superior Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-5.1(c).
a. 
Mandatory Set-Aside of Units.
1. 
All new development consisting of 25 or more units and constituting a dwelling net density of more than four units per acre shall be required to set aside mandatorily 20% of the dwelling units for the construction of low- and moderate-income housing in accordance with the provisions of this section.
2. 
The developer shall provide that half of the low- and moderate-income units constructed be affordable by low-income households including very-low-income households per N.J.S.A. 52:27D-329.1, and that the remaining half be affordable by moderate income households
3. 
Twenty percent of the low- and moderate-income units shall be three bedroom units.
4. 
Subdivision and site plan approval shall be denied by the Planning Board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. The Planning Board may impose any reasonable conditions to insure such compliance.
b. 
Imposed Fees.
1. 
Within all zoning districts, 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 that 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 "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. 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.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
c. 
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
1. 
Affordable housing developments, developments where the developer is providing for off-site affordable housing units, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from the standard affordable housing 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 fee percentage shall be vested on the date that the building permit is issued.
3. 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
4. 
Developers of residential structures demolished and replaced as a result of fire damage, flood or similar natural disaster shall be exempt from paying a development fee.
5. 
In accordance with N.J.A.C. 5:93-8.10(c) of COAH's Substantive Rules and as permitted by N.J.S.A. 52:27D-329.3, developers of inclusionary residential developments within the ARH Age-Restricted Housing zoning district shall make a payment to East Windsor Township in lieu of constructing the otherwise required set-aside of low- and moderate-income units in accordance with the following:
(a) 
The amount of the in-lieu payment shall be equal to or greater than the cost of subsidizing the low and moderate income units that are replaced by the in-lieu payment; and
(b) 
The payment in lieu of constructing the otherwise required set-aside of low- and moderate-income units within the inclusionary development must be found by COAH to be consistent with East Windsor Township's Housing Plan and Fair Share Plan and to provide a realistic opportunity for addressing the Township's fair share affordable housing obligation.
a. 
Imposed Fees.
1. 
Within all zoning districts, nonresidential 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 nonresidential construction on an unimproved lot or lots.
2. 
Nonresidential developers, except for developers of the types of development specifically exempted, 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 nonresidential 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 improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
b. 
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
1. 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee, of 2.5% unless otherwise exempted below.
2. 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
3. 
Nonresidential developments shall be exempt from the payment of nonresidential 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 Nonresidential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
4. 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time as the basis for exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
5. 
If a property which was exempted from the collection of a nonresidential 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 as a lien against the real property of the owner.
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. For nonresidential developments, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption," and complete as per the instructions provided.
b. 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in 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 notifies 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 of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
g. 
Should East Windsor Township 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 (N.J.S.A. 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 East Windsor Township. 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 nonresidential 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. 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.
a. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Township Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
b. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1. 
Payments in lieu of on-site construction of affordable units;
2. 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. 
Rental income from municipally operated units;
4. 
Repayments from affordable housing program loans;
5. 
Recapture funds;
6. 
Proceeds from the sale of affordable units; and
7. 
Any other funds collected in connection with the Township affordable housing program.
c. 
Within seven days from the opening of the trust fund account, the Township shall provide COAH or the Superior Court with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH or the Superior Court, to permit COAH or the Superior Court to direct the disbursement of the funds as provided for in N.J.A.C. 5:93-8.17.
d. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or the Superior Court.
a. 
The expenditure of all funds shall conform to a spending plan approved by COAH or the Superior Court. Funds deposited in the housing trust fund may be used for any activity approved by COAH or the Superior Court to address East Windsor Township'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 or market to affordable programs, conversion of existing nonresidential 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 Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93-8.16 and specified in the approved spending plan.
b. 
Funds shall not be expended to reimburse the Township for past 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 very-low income 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, creation of very-low income units and assistance with emergency repairs.