Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 77-10; Ord. No. 79-41; Ord. No. 84-3; Ord. No. 85-31; Ord. No. 89-2; Ord. No. 89-4; Ord. No. 92-05; Ord. No. 93-33; Ord. No. 97-1; Ord. No. 97-6; Ord. No. 12-03; Ord. No. 22-2005; Ord. No. 17-2008; Ord. No. 2011-1; Ord. 2011-3]
a. 
The purpose of this chapter is to encourage the most appropriate use of land throughout the Township and to conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses; all in accordance with a Comprehensive Plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health, morals, safety and general welfare; to provide adequate light and air; to prevent the overcrowding of land or buildings to avoid undue concentration of population, and to that end to regulate the height, design, appearance, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts, and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes; and the height, size and location of these uses within the limits of the Township; to encourage senior citizens community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district in accordance with the land use element of the master plan as adopted by the Planning Board and implemented by the Township council. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to more efficient use of land.
For the purpose of this chapter, all words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall" is mandatory and directory. The word "used" includes "designed, intended, or arranged to be used."
a. 
In its interpretation and application the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of laws or ordinances or any rules or regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where the requirements of this chapter with respect to the use of buildings or premises, the height of buildings, yards, courts, or other open spaces are at variance with those required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, the more restrictive shall control.
b. 
Wherever the requirements of this chapter are at variance with the requirements or any other lawfully adopted rules, regulations or ordinances the most restrictive of those imposing the higher standards shall govern.
a. 
Certificate of Occupancy. Certificates of occupancy shall be issued by the construction official in the manner prescribed in the building code. On the serving of notice by the construction official to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the certificate of occupancy for such use shall be deemed to be in violation of this chapter and subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such land or building. The fees for certificate of occupancy shall be as specified in the uniform construction code of the Township.
b. 
Records. It shall be the duty of the construction official to keep a record of all applications for building permits, a record of all permits issued, and a record of all certificates of occupancy, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the officials of the Township. The construction official shall prepare a monthly report for the Township council summarizing for the period since his last report all building permits issued and certificates countersigned by him. A copy of each such report shall be filed with the Tax Assessor at the same time it is filed with the Township council.
c. 
The administration and enforcement of this chapter is hereby conferred upon the Zoning Officer, or if there is no duly appointed Zoning Officer, the construction official of the Township, he and his duly appointed assistants shall have such powers as are established by this chapter, or as may be reasonably implied. He or they shall be appointed by the municipal manager of the Township and shall receive such compensation as the Township council may determine. In no case shall a permit be granted for the construction, reconstruction or alteration of a building, nor a certificate of occupancy issued for any building other than by a written order of the approving authority.
In case any section or provision of this chapter, except as far as the section or portion so declared invalid shall be inseparable from the remainder or any portion thereof.
a. 
For each and every violation of any provision of this chapter, the owner, contractor, or other persons interested as general agent, architect, building contractor, owner tenant, or any other persons who commit, take part, or assist in any violation of this chapter or who maintain any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate the violation within five days after written notice shall have been served upon him either by mail or by personal service, shall for each and every violation be imprisoned in the Union County Jail for a period not exceeding 30 days or be fined not exceeding $200 or both, at the discretion of the municipal judge before whom a conviction may be had. Each and every day that such violation continues after such five day notice shall be considered a separate and specific violation of this chapter.
The Township council may, from time to time, in the manner provided by law, amend, supplement, or change the regulations in districts herein established. Prior to any such amendments, the council shall refer any such proposed amendment to the approving authority pursuant to C. 40:55D-26. A protest against any proposed amendment or revision of this chapter may be filed with the Township Clerk signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revisions shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all members of the Township council.
Any building permit heretofore issued pursuant to any ordinance which provided for the erection of a building or structure in conformity to the ordinance or ordinances to which this is an amendment and supplement shall continue in full force and effect, provided that the holder has established a vested right by undertaking such construction prior to the date of adoption of this chapter.
a. 
As used in this chapter:
0.25. 
ACCESSORY SUITE shall mean a portion of a single-family dwelling with separate housekeeping facilities in accordance with the conditions set forth in subsection 23-2.3p of this zoning ordinance and approved by the Zoning Officer subsequent to the submission of the "notice of intent to establish accessory suite."
0.5. 
ACCESS ROADWAY shall mean a fully improved private street providing access to driveways from an improved public street or private roadway.
1. 
ACRE - Shall mean an area or land which includes a total of 43,560 square feet.
2. 
ADMINISTRATIVE OFFICER - Shall mean the Zoning Officer of the Township of Scotch Plains.
2.1. 
AISLE - Shall mean a travelway used to give immediate access to adjoining parking spaces from another aisle, driveway, passageway or private garage.
3. 
ALTERATIONS - Shall mean as applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moves of the building from one location or position to another.
4. 
APPLICANT - Shall mean a developer submitting an application for development.
5. 
APPLICATION FOR DEVELOPMENT - Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to C. 40:55D-34 or C. 40:55D-36.
6. 
APPROVING AUTHORITY - Shall mean the Planning Board or board of adjustment of the Township of Scotch Plains by ordinance when acting pursuant to the authority of the Municipal Land Use Law and the Land Use and Development Ordinances of the Township of Scotch Plains.
7. 
AUCTION MARKET - Shall mean premises on which are held at periodic times auction sales of merchandise or any other personal property.
8. 
BASEMENT - Shall mean a story partly underground and having one-half or more of its clear ceiling height above the average level of the adjoining ground.
9. 
BOARD OF ADJUSTMENT - Shall mean the Board established pursuant to C. 40:55D-69 et seq.
9.1. 
BUFFER AREA - Shall mean an area unoccupied by any structures, parking spaces, driveways, containers used for garbage, heating, ventilating or air conditioning equipment and the like, or any other objects other than trees, plants or other growing materials. The buffer area shall be totally within the lot lines of the subject property and in no case shall the right-of-way, street or other public area be used for the buffer area. The provision of fencing and/or shrubbery or other landscaping in the buffer area or as screening in lieu of the required ten foot or 20 foot buffer area provided for in the zoning ordinance, shall be to the satisfaction of the approving authority and shall be adequate to provide a barrier to reduce light and noise transmission to the adjacent property and shall be properly maintained in conformance with the ordinances of the Township.
10. 
BUILDING - Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
11. 
BUILDING AREA - Shall mean the aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
11.1. 
BUILDING COVERAGE - Shall mean the square footage by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades, and including the area under the roof of any structure.
12. 
BUILDING HEIGHT - Shall mean the vertical dimension measured from the average elevation from the finished lot grade at the front of the building to the highest point of ceiling of the roof rafters of the top story of a flat roof, to the top of a deck line of a Mansard roof, and to the top of the rafters of the ridge of a Gable, Hip, or Gambrel roof.
13. 
BUILDING LINE - Shall mean a line formed by the intersection of the most projected portion of the foundation wall with the ground of each side of the building, cantilevered sections of a building, overhangs, or other projections, unroofed porches, and steps, and chimneys shall not be considered in determining the building line unless they project more than three feet beyond the foundation. All yard requirements shall be measured to the building line.
14. 
BUSINESS OFFICE - Shall mean a business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber and beauty shops and repair services, such as radio and television repair shops are not to be included within the definition of business office.
15. 
BUSINESS ZONE - Shall mean that wherever in this chapter, the terms "business zone" or "commercial zone" appear, they are to be considered as one and the same.
16. 
CAPITAL IMPROVEMENT - Shall mean a governmental acquisition of real property or major construction project.
17. 
CELLAR - Shall mean a story partly underground and having more than 1/2 of its clear ceiling height below the average level of the adjoining ground.
18. 
CERTIFICATE OF OCCUPANCY - Shall mean a certificate issued by the Zoning Officer or the construction official upon completion of construction, alterations, or change in use of a building. The certificate shall acknowledge compliance with all requirements of this chapter or such adjustments thereto granted by the approving authority and that the building was constructed in accordance with the plans and specifications filed with the construction official and meets all other applicable Township regulations.
19. 
CHURCH - Shall mean a building or group of buildings including customary secondary uses designed or intended for public worship. For the purpose of this chapter, the word church shall include chapels, congregations, temples, cathedrals, and similar designations as well as rectories, parish houses, convents and such secondary uses.
20. 
CIRCULATION - Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, waterways, railways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
21. 
COMMON OPEN SPACE - Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
21.5. 
CONCEPT PLAN OR SKETCH - Shall mean a concept plan or sketch is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the appropriate Board or Township Representatives to make suggestions on general site designs and layout for circulation, stormwater management, location of open space and buffers; building arrangement and to determine how the proposal meets the Township's development goals and objectives.
[Ord. No. 2017-24]
22. 
CONDITIONAL USE - Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this zoning ordinance, and upon the issuance of an authorization therefor by the Planning Board.
23. 
CONVENTIONAL - Shall mean development other than planned development.
24. 
COUNTY MASTER PLAN - Shall mean a composite of the master plan for the physical development of the county in which the municipality is located with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county Planning Board pursuant to R.S. 40:27-2 and R.S. 40:27-4.
25. 
COUNTY PLANNING BOARD - Shall mean the Planning Board of the county of Union.
25.5. 
CUL-DE-SAC - Shall mean a dead end street with a turn around at the end.
26. 
CURB LEVEL - Shall mean the officially established grade of the curb in front of the midpoint of the lot, or in the absence of an officially established curb level, the mean level of any existing curb or of the lot at the street line.
27. 
DAYS - Shall mean calendar days.
27.5. 
DENSITY - Shall mean the permitted number of dwelling units per gross area of land to be developed.
28. 
DENSITY ZONING, RESIDENTIAL - Shall mean optional reduction in otherwise specified lot sizes and setbacks in a one-family residential development, in exchange for the dedication of common open space either to the Township where the Township so determines, or to a neighborhood association formed on a compulsory basis of the purchasers of homes in the development, such that there is not more than the number of homes which could be developed under the zoning otherwise specified. This number shall be determined by comparing subdivision plans to be prepared by the developer with and without such reduction in lot size. Minimum tract size for the application of density zoning shall be ten acres, and shall be permitted only where determined by the approving authority to be appropriate for the open space and to be compatible with the planning and design of adjoining and nearby presently or potentially developed areas. The common open space shall be appropriately improved for recreation use, or installation of detention ponds for flood and drainage control, or shall have appropriate protective measures or initial maintenance provided where conservation is proposed, before such open space is dedicated by the developer, as provided in the subdivision ordinance. (Chapter 12 of this code).
29. 
DEVELOPER - Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
30. 
DEVELOPMENT shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure, or of any mining excavation or landfill and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to C. 40:55D-1 et seq.
"Development" shall also include any modification to an existing, approved site plan including but not limited to parking lot modifications and/or expansion, installation or modification of lighting improvements, placement of trash receptacles, except that routine maintenance of any improvement on a site shall not be considered a development.
31. 
DEVELOPMENT REGULATION - Shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, Official Map, ordinance or other Township regulation of the use and development of land, or amendment thereto adopted and filed pursuant to C. 40:55D-1 et seq.
32. 
DIVISION - Shall mean the Division of State and Regional Planning in the Department of Community Affairs.
33. 
DRAINAGE - Shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
33.1. 
DRIVEWAY - Shall mean a travelway providing access from a public street or access roadway to an aisle, passageway of a parking lot or private garage.
34. 
DWELLING UNIT - Shall mean one or more rooms which are so designed as to provide living facilities for one family to reside in and which functions as a single, independent and separate housekeeping unit.
35. 
DWELLING, ONE-FAMILY - Shall mean a detached building containing a dwelling unit designed for or occupied exclusively by one family.
36. 
ENVIRONMENTAL COMMISSION - Shall mean a municipal advisory body created pursuant to P.L. 1968, C. 245 (C. 40:56A-1 et seq.).
37. 
EROSION - Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
38. 
FAMILY - Shall mean one or more persons lawfully occupying a dwelling unit and living as a single nonprofit housekeeping unit. Also permitted are foster children placed with a family in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or duly incorporated child care agency and children placed pursuant to law in single-family dwellings known as group homes. As used in this section, the term "group home" means and includes any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commission of Institutions provided, however, that no group home shall contain more than 12 children.
39. 
FENCE - Shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure or screening of yard areas or portions thereof.
40. 
FINAL APPROVAL - Shall mean the official action of the Planning Board or board of adjustment when the Board of adjustment has jurisdiction, taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
40.5. 
(Reserved)
41. 
FLOOR AREA, GROSS - Shall mean the sum of the horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. These areas shall be measured between the outside face of exterior walls, or from the center line of walls separating two dwelling units. This area shall not include unfinished areas below the average level of the adjoining ground, garage space, or accessory building space.
41.5. 
(Reserved)
41.7. 
FRONTAGE - Shall mean the land lying along the right-of-way line of a street between the street lot lines of a lot.
42. 
GARAGE, PRIVATE - Shall mean a secondary use in conjunction with a primary building or a portion of a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit is carried on.
43. 
GARAGE, PUBLIC - Shall mean any garage other than a private garage which is available for or used for the storage of motor vehicles, boats or other such equipment.
44. 
GARDEN APARTMENT - Shall mean a building or buildings containing four or more dwelling units of not over two stories, other than one and two-family dwellings, with the habitable floor area of each being on a single level or on two levels, one above the other provided with a private interior individual stairway.
45. 
GARDEN APARTMENT PROJECT - Shall mean a building or group of buildings designed to accommodate a group of dwelling units within a single project and which is designed so that the group of dwelling units utilize such common facilities as pedestrian walks, parking and garage areas, open space recreation areas and utility and service facilities.
46. 
GOLF CLUB - Shall mean an area of 100 or more contiguous acres containing a full size golf course, at least 18 holes in length totaling a minimum to green length of 6,000 yards, together with such other secondary uses as may be permitted by this chapter.
47. 
GOVERNING BODY - Shall mean the chief legislative body of the municipality.
47.1. 
INFILL DEVELOPMENT - Shall mean the development of existing oversized lots or properties by subdividing existing lots without the benefit of extending existing roads, streets, or culs-de-sac, as outlined on the Official Map. Any new development or subdivision of existing properties that are newly created lots having existing frontage on an existing street, as indicated on the Official Map, or which creates any new streets, roads, or culs-de-sac, shall not be considered infill development.
48. 
INTERESTED PARTY - Shall mean (a) in a criminal or quasicriminal proceeding, any citizen of the State of New Jersey; and (b) in the case of civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken pursuant to C. 40:55D-1 et seq. or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.
49. 
JUNKYARD - Shall mean any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
50. 
LAND - Shall mean and include improvements and fixtures on, above or below the surface.
51. 
LOT - Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
52. 
LOT AREA - Shall mean an area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
53. 
LOT, CORNER - Shall mean a parcel of land at the junction of and fronting on two or more intersecting streets.
54. 
LOT COVERAGE - Shall mean the square footage by which all buildings and other surfaces cover a lot as measured in a horizontal plane to the limits of the area or areas. All surfaced parking areas, and all required parking areas which are permitted to remain unsurfaced, shall be included in the computation of total lot coverage. Lot coverage shall also include the area covered by all decks, sheds, and the like, swimming pools (both aboveground and inground), patios, and tennis courts; as well as unpaved stone, gravel, or semi-pervious, nonvegetative surfaces.
55. 
LOT WIDTH - Shall mean the horizontal distance between the side lot lines of a lot measured to its depth, along a straight line parallel to the front lot line at the minimum building setback. In no case shall a lot be less than those indicated and calculated on Schedule 23-3.4A.
56. 
MANUFACTURING - Shall mean the production or assembly of articles or finished products from previously refined raw materials by giving them new forms or qualities.
57. 
MAINTENANCE GUARANTEE - Shall mean any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required pursuant to C. 40:55D-1 et seq.
58. 
MAJOR SUBDIVISION -Shall mean any subdivision not classified as a minor subdivision.
59. 
MASTER PLAN - Shall mean a composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to C. 40:55D-28.
60. 
MAYOR - Shall mean the chief executive of the Township. The term shall not mean the "municipal manager" but shall mean the Mayor of the Township of Scotch Plains.
61. 
MINOR SUBDIVISION - Shall mean a subdivision of land that does not involve (a) the creation of more than three lots, (b) planned development, (c) any new street or (d) extension of any off-tract improvement.
62. 
MOTOR VEHICLE SERVICE ESTABLISHMENT - Shall mean a building or use which is designed or intended to be used for the servicing, repair, maintenance, or cleaning of motor vehicles or other automotive equipment, excluding any use which is defined as a "private garage" by this chapter.
63. 
MUNICIPALITY - Shall mean the Township of Scotch Plains.
64. 
MUNICIPAL AGENCY - Shall mean the municipal approving authority, or the governing body of the municipality, when acting pursuant to C. 40:55D-1 et seq. and any agency which is created by or responsible to the Township when such agency is acting pursuant to C. 40:55D-1 et seq.
65. 
NONCONFORMING LOT - Shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
66. 
NONCONFORMING BUILDING OR STRUCTURE - Shall mean a building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision as amended.
67. 
NONCONFORMING USE - Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
68. 
OCCUPANCY - Shall mean the specific purpose for which land or a building is used, designed or maintained.
69. 
OFFICIAL COUNTY MAP - Shall mean the map, with changes and additions thereto, with changes and additions thereto adopted and established from time to time, by resolution of the Board of chosen freeholders of Union County pursuant to R.S. 40:27-5.
70. 
OFFICIAL MAP shall mean a map adopted by ordinance pursuant to C. 40:55D-32 et seq.*
*NOTE: The map has been provided, and its adoption by ordinance has to take place by Mayor and Council.
71. 
OFFSITE - Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
72. 
OFF-TRACT - Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
73. 
ONSITE - Shall mean located on the lot in question.
74. 
ON-TRACT - Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
75. 
OPEN SPACE - Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
76. 
PARKING SPACE AND APPURTENANCES - Shall mean an off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area nine feet wide and 18 feet long exclusive of aisles, driveways and passageways, appurtenant thereto and giving access thereto.
77. 
PARTY IMMEDIATELY CONCERNED - Shall mean for the purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to C. 40:55D-12 et seq.
78. 
PERFORMANCE GUARANTEE - Shall mean any security, which may be accepted by a municipality including cash; provided that a municipality shall not require more than ten percent of the total performance guarantee in cash.
79. 
PLANNED COMMERCIAL DEVELOPMENT - Shall mean an area of not less than three acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted.
80. 
PLANNED DEVELOPMENT - Shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
81. 
PLANNED INDUSTRIAL DEVELOPMENT - Shall mean an area of not less than five acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and other uses incidental to the predominant use as may be permitted by ordinance.
82. 
PLANNED UNIT DEVELOPMENT - Shall mean an area not less than ten acres, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
83. 
PLANNED UNIT RESIDENTIAL DEVELOPMENT - Shall mean an area not less than ten acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
84. 
PLANNING BOARD - Shall mean the Planning Board of the Township of Scotch Plains established pursuant to C. 40:55D-23 et seq.
85. 
PLAT - Shall mean a map or maps of subdivision or site plan.
86. 
PRELIMINARY APPROVAL - Shall mean the conferral of certain rights pursuant to C. 40:55D-46, C. 40:55D-48 and C. 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
87. 
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
88. 
PRIMARY USE - Shall mean the main or principal activity taking place or intended to take place in a building or on a lot.
89. 
PROFESSIONAL OFFICE - Shall mean the office of a member of a recognized profession maintained for the conduct of that profession. The definition shall be limited to the professions of medicine, law, architecture, engineering and such similar professions which require a comparable degree of formal education and experience.
90. 
PUBLIC AREA - Shall mean (a) public parks, playgrounds, trails, paths and other recreational areas; (b) other public open spaces; (c) scenic and historic sites; and (d) sites for schools and other public buildings and structures.
91. 
PUBLIC DEVELOPMENT PROPOSAL - Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
92. 
PUBLIC DRAINAGE WAY - Shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.
93. 
PUBLIC OPEN SPACE - Shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.
94. 
QUORUM - Shall mean the majority of the full authorized membership of a municipal agency.
95. 
RESIDENTIAL CLUSTER - Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
96. 
RESIDENTIAL DENSITY - Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
97. 
RESTAURANT - Shall mean any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming club operated solely by the agency or group operating the recreational facilities and for the sole use of patrons of the facility, shall not be deemed to be a restaurant.
98. 
RESTAURANT/TAKE-OUT - Shall mean an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile. "Take-out restaurants" also encompass restaurants that sell food from drive-up windows.
98.1. 
RESUBDIVISION - Shall mean (a) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (b) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
99. 
ROOM AS APPLIED TO GARDEN APARTMENT PROJECTS - Shall mean and be defined as a living room, a dining room, a kitchen or a bedroom. A kitchenette, which does not include space for eating, or a dining area of which one full wall is open into a living room shall be counted as 1/2 room. A bathroom shall not count as a room.
100. 
SECONDARY USE - Shall mean a subordinate use of a lot or building, the purpose of which is incidental to that of the primary use and which is located on the same lot.
101. 
SECONDARY STRUCTURE - Shall mean a building subordinate to and located on the same lot with a principal building, the use of which is clearly incidental to that of the principal building or to the use of the land, and which is not attached by any part of a common wall or common roof to the principal building. An attached private garage is not an accessory building.
102. 
SEDIMENTATION - Shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
103. 
(Reserved)
104. 
(Reserved)
105. 
(Reserved)
106. 
SITE PLAN - Shall mean a development plan of one or more lots on which is shown (a) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, waterways, (b) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures, and signs, lighting, screening devices, and (c) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the approving authority adopted pursuant to C. 40:55D-37 et seq.
107. 
SOURCE - Shall mean that which creates the light, that is, the bulb, arc, flame, etc.
107.1. 
SPECIAL-NEEDS SCHOOL - Shall mean an educational institution, either public or private, which has been approved by the State of New Jersey Department of Education exclusively for children with disabilities, to provide special education and related services in accordance with Federal and State law or regulation (N.J.A.C. 6A:14 et seq.).
108. 
STABLE - Shall mean a four-sided structure with doors, windows and roof.
109. 
STANDARDS OF PERFORMANCE - Shall mean standards (a) adopted by ordinance pursuant to C. 40:55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosives and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (b) required by applicable Federal or State laws or municipal ordinances.
110. 
STORAGE BUILDING - Shall mean a structure or any portion thereof as a secondary use for the storage of goods, wares, merchandise, raw materials, agricultural or manufactured products.
111. 
STORY - Shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. A "split level" story shall be considered a second story only if its floor level is six feet or more above the floor of the level next below it.
112. 
STORY, HALF - Shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.
113. 
STREAM BED - Shall mean the limits of the land area covered by the waters in a stream under conditions of an average 25 year storm.
114. 
STREET - Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, county or municipal roadway, or (b) which is shown upon a plat heretofore approved pursuant to law, or (c) which is approved by official action as provided by C. 40:55D-1 et seq., or (d) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of an approving authority and the grant to such approving authority of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
114.1. 
STREET FRONTAGE - Shall mean the land lying along the right-of-way line of a street between the street lot lines of a lot.
115. 
STREET LINE - Shall mean that line determining the limit of the highway rights of the public, either existing in fact or law, or contemplated as expressed by an official act of the Township or as may otherwise be provided by law.
116. 
STRUCTURE - Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
117. 
SUBDIVISION - Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (a) divisions of land found by the approving authority or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (b) divisions of property by testamentary or intestate provisions, (c) divisions of property upon court order and (d) conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
118. 
SWIMMING POOL - Shall mean a swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
119. 
TOWNHOUSE - Shall mean a structure or dwelling unit in a structure, containing three or more dwelling units, arranged side by side or in clusters, so that one dwelling unit is not above or below another dwelling unit. (See affordable housing definition in subsection 23-3.19).
120. 
USE - Shall mean the specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
121. 
VARIANCE - Shall mean permission to depart from the literal requirements of the zoning ordinance pursuant to 40:55D-60, 40:55D-40b, and C. 40:55D-70 c and d.
122. 
YARD AREA, FRONT - Shall mean an open space, unoccupied by structures, on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.
123. 
YARD, REAR - Shall mean an open space unoccupied by structures, extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
124. 
YARD, SIDE - Shall mean an open space, unoccupied by structures, between the side line of the lot and the nearest line to the building and extending from the front yard to the rear yard, or in the absence of either side yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
125. 
ZONING PERMIT - Shall mean a document signed by the administrative officer (a) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (b) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to 40:55D-60 and 70.
[Ord. No. 77-10; Ord. No. 78-10]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the appended Schedule. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements, and all other regulations designated in the Schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be violation of this chapter and the certificate of occupancy shall become void.
a. 
No structure shall be built within 50 feet of a stream bed which carries water on an average of six months of the year, or on land which is subject to periodic overflow of a stream.
b. 
No person, firm or corporation shall strip, excavate, or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building or such premises and excavating or grading incidental thereto, or except as may be permitted by the Township earth removal ordinance.
c. 
Existing natural features such as trees, brooks, drainage channels, and views shall be retained. Whenever such features interfere with the proposed use of the property, the Township Engineer may authorize their removal or relocation, provided that there will be, in his opinion, no substantial adverse effect upon other property values in the area, and an alternate is not feasible.
[Ord. #77-10; Ord. #78-10; Ord. #79-41; Ord. #84-4; Ord. #89-2, S4; Ord. #89-3, S4; Ord. #89-4, SS5, 6; Ord. #90-9, S1; Ord. #90-23; Ord. #91-17; Ord. #92-20; Ord. #93-17; Ord. #93-33, SS1, 2; Ord. #93-34; Ord. #93-40; Ord. #93-43; Ord. #94-14; Ord. #95-10, S1; Ord. #95-41, SS1, 2; Ord. #96-09, S1; Ord. #96-14; Ord. #97-1, S3; Ord. #3-02, S1; Ord. #19-2003, S1; Ord. #23-2003, S1; Ord. #22-2005; Ord. #17-2008; Ord. #5-2010, SI; Ord. #18-2010, SSI,II; Ord. #2013-2; Ord. No. 2016-4; Ord. No. 2016-21 § 2; Ord. No. 2016-22]
a. 
No lot shall have erected upon it more than one principal residential building and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building except in the case of multifamily townhouse and garden apartment developments.
b. 
Every principal building, except townhouse and garden apartment structures, shall be built upon a lot with frontage upon a public street improved to meet the Township's requirements, or for which such improvements have been insured by the posting of a performance guarantee pursuant to the land subdivision ordinance of the Township of Scotch Plains, unless relief has been granted by the Board of adjustment, pursuant to C. 40:55D-36. In the case of townhouse and garden apartment complexes, every building shall be built such that all access is to an improved public street or improved private roadway connecting with an improved public street.
c. 
Where a building lot has frontage on a street which the master plan or the Official Map of the Township indicates is proposed for right-of-way widening, the required front yard shall be measured from such proposed right-of-way line.
d. 
No front yard shall be used for open storage of boats, trailers, vehicles or equipment except for passenger automobile parking on driveways. All open storage areas in other yard shall be suitably screened from view from a public street.
e. 
Business establishments or uses shall not display goods for sale purposes nor shall coin-operated vending machines of any type be installed in any location which would infringe upon the required yard areas specified in this chapter.
f. 
All yards, open space, off-street parking, and required landscaping shall be contained within the zone in which the use is permitted.
g. 
No commercial or construction vehicle(s) in excess of 10,000 pounds gross vehicle weight shall be parked overnight or on Sunday in any residential zone. In the R-1 and R-2 Zones, one commercial or construction vehicle of 10,000 pounds gross vehicle weight or less may be parked overnight or on Sunday, provided that it is parked in a fully enclosed garage such that it is not visible from the street or neighboring properties. No vehicle for commercial or other advertising purposes shall be parked in any zone in the Township at any time.
h. 
A secondary building attached to a primary building shall comply in all respects with the yard, height and other requirements of this chapter applicable to the primary building. Detached secondary buildings shall not be placed in any front yard as defined in subsection 23-1.8.122. No secondary building shall be placed in any other location that violates the front yard of any adjacent property, either developed or undeveloped as it relates/applies to subsections 23-3.4A and 23-3.4B, and with the provisions of subsection 23-3.4D.[1] This subsection shall apply to all lots and all configurations, but not limited to culs-de-sac, corner lots, through streets, and any other configuration that may apply.
[1]
Editor's Note: Schedule 23-3.4D, referred to herein, is included as an attachment to this chapter.
i. 
For the purpose of regulating the locations of buildings on lots extending through between two parallel streets, all portions of a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the lot is located.
j. 
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.
k. 
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations and electric sub-stations which require a structure above grade in excess of 25 square feet or four feet in height shall be subject to the provisions of this chapter with respect to conditional uses as indicated in each of the respective zones.
l. 
Off-street parking facilities shall adhere to the following:
1. 
Off-street parking space shall be further specified in this chapter and shall be furnished with necessary aisles, driveways, and passageways. All such space shall be deemed to be required space on the lot on which it is situated, and shall not be encroached upon or reduced in any manner. All parking areas consisting of aisles, parking spaces and passageways shall be constructed, clearly marked for car spaces and adequately drained as approved by the Township Engineer. All driveways (except when provided in connection with one-family and two-family residences) shall be surfaced with an all-weather pavement, equal to at least a two inch bituminous wearing course over a minimum four inch bituminous stabilized base course and a four inch thick layer of Type 5 Class A subbase material (3/4 inch quarry processed stone) clearly marked for traffic operation. Parking areas and driveways for single- or two-family residential properties shall be constructed of six inches of 3/4 inch quarry process stone subbase and two inches of bituminous concrete surface course (FABC) as a minimum. Parking areas and driveways for other uses, except industrial, shall be constructed of four inches of 3/4 inch quarry process stone subbase, four inches of bituminous stabilized base course (BSBC) and one and one-half inches of bituminous concrete surface course (FABC) as a minimum. Parking areas and driveways for industrial uses shall be as approved by the municipal engineer.
2. 
None of the off-street parking facilities as required in this chapter shall be required for any existing building or use, unless said building shall be enlarged or the use changed, in which case the provisions of this chapter shall apply both to the existing and enlarged portion of the building or new use.
3. 
No off-street parking space shall be located within a required front yard in any zone. In the case of townhouse and garden apartment complexes, no parking spaces shall be provided within 20 feet (30 feet for the BIA Zone) from the edge of pavement of any access roadway. For the purpose of this requirement, residential driveways shall not be considered parking spaces.
4. 
Construction plans for all one and two-family dwellings, townhouses and condominiums shall include an enclosed private garage of not less than 12 feet by 20 feet. This section shall not apply to garden apartments, nor second and third floor apartments over commercial or professional buildings. All driveways associated with dwelling units shall be capable of parking at least two additional vehicles.
[Ord. No. 2016-4]
5. 
All parking areas and appurtenant aisles, driveways and passageways serving other than one-family and two-family residential uses, shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation and at other times when required for the safety and security of the premises. The lighting shall not adversely affect others outside the site. Site lighting for uses other than detached single-family residential homes shall comply with the standards set forth in Chapter 21, Site Plan Review.
6. 
No parking shall be permitted during non-business hours on a motor vehicle service establishment, unless the vehicle has become inoperable in the process of mechanical repairs being performed on the premises.
7. 
Off-street parking space shall be provided on the same lot as it is intended to serve or on any adjacent lot in common ownership and shall have appropriate access thereto. This requirement may be waived by the Planning Board or by the zoning board of adjustment, as the case may be, for any site plan application upon the request of an owner or applicant. The Planning Board or zoning board of adjustment, as the case may be, may grant such waiver, in its sole and absolute discretion, if it finds that the planned parking facilities which will be constructed by the Township would better serve the needs of the subject property owner and the surrounding area. If such determination is made by the Planning Board or by the zoning board of adjustment, as the case may be, the owner or applicant shall contribute to the Township a sum representing $5,000 for each off-street parking space which would have been required under the provisions of this zoning ordinance on the owner or applicant's property had such waiver not been granted. The Township shall be responsible for the payment of the balance of the per parking space cost, and which balance is currently estimated to be $3,800 per parking space. The aforesaid per parking space calculation amount has been determined based upon a formula developed by the Township, using the assumption that the Township may be acquiring land in the downtown area of the municipality for a municipal parking lot for the approximate aggregate sum of $264,500 (which sum includes land acquisition, construction and all other related costs). The proposed municipal parking lot is intended to include approximately 30 parking spaces. The per parking space calculation is, therefore, calculated by dividing the total number of parking spaces proposed into the approximate aggregate sum discussed above for the proposed municipal parking lot. The per parking space cost may be adjusted from time to time by the Township council to adjust for fluctuations in land acquisition, construction and other related costs. Until such adjustment is made, the per parking space calculation set forth above shall be controlling upon the owner or applicant. The provisions of this paragraph shall only be applicable until the Township has collected sufficient funds to acquire the land and complete construction of the proposed municipal parking lot.
8. 
Prior to establishing a change of use of an existing commercial, industrial or multifamily residential structure(s), the owner or operator of such proposed use shall apply for and receive a permit from the zoning enforcement officer. Prior to determination that such use is permitted, the owner or operator shall first pay the fees prescribed in Chapter 19, subsection 19-3.4.
9. 
In any business or industrial zone, any part of a building or structure built for the purpose of parking vehicles shall be constructed so as to screen vehicles from view by means of a wall designed as an integral part of the structure at least three feet in height, except that nothing herein shall be construed so as to prevent a suitable means of ingress and egress to such area. In addition, the approving authority may require landscaping improvements in order to suitably screen such parking facilities.
m. 
All new subdivisions that are created which have less than 24 newly-created lots shall be accessed by a new road, with cul-de-sac termination. Newly formed culs-de-sac shall not have a total average daily traffic count exceeding 250 trips a day, based upon the R.S.I.S. Standard, Table 4.3 and Table 4.1 the Average Daily Motor Vehicle Traffic Trip Generation per dwelling unit which is based upon the peak rate of 10.1, which calculates to a rate of 250, based upon the R.S.I.S. Standard.
n. 
The limitations of sign area as set forth by this chapter for the business and industrial zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises provided that such signs do not exceed two square feet in area on any one side and do not contain any advertising of the use on the premises.
o. 
Fences may be erected, installed, altered or reconstructed to a height of nominally four feet above ground level when located in a front yard area, or to a height of nominally six feet above ground level if located elsewhere on the lot, except that in no case shall any fence be higher than nominally four feet above ground level when located beyond a projection of any front building line of any adjacent improved lots or the setback line of any adjacent unimproved lots. Fences may be installed with an air space at the bottom to prevent decay and deterioration which fence shall not exceed four feet three inches and six feet three inches. Fences shall be installed with the finished side towards any neighboring property. In case of any question as to which side is the finished side, the Zoning Officer shall determine which side is the finished side based on manufacturer's literature and industry standards.
This paragraph shall not apply to fences erected for tennis courts nor fences associated with the protection of any utility company property where the utility may be subject to danger or harm from outside sources. Utilities shall be defined under this section as electric, telephone, including cell sites, water, sewer, gas, video, radio transmission, and the like.
[Ord. No. 2016-22]
p. 
Accessory suite. The establishment of an accessory suite with separate housekeeping facilities (including kitchen facilities) within an existing single-family dwelling for not more than two blood relatives over the age of 55 of the owner of the aforementioned household shall not be considered a violation of the single-family residence zone restrictions provided that each and every one of the following conditions are met:
1. 
The existing residence is situated in any of the following zones: R-1, R-2, R-2A, R-2B, R-2C, R-3, R-3A.
2. 
The accessory suite shall not comprise more than 500 square feet of floor area of one story of the dwelling.
3. 
No enlargement of the established residence shall be permitted, except that entrance and exit facilities may be altered to permit separate access to the accessory suite, provided that there shall at all times remain the opportunity for a continuous and unrestricted flow between the accessory suite and the remainder of the residence.
4. 
The accessory suite shall not at any time be used for profit or financial gain.
5. 
The accessory suite, as well as the remainder of the residence, shall meet all housing code requirements as prescribed elsewhere in the zoning ordinances.
6. 
The lot upon which the residence is situated shall meet all area and dimension requirements of the ordinance for the zone in which it is located unless the lot is a preexisting, nonconforming lot or a nonconforming lot by prior approval.
7. 
The existing residence shall comply with all yard requirements for the zone in which it is situated unless the existing residence is situated on a preexisting, nonconforming lot or a variance from any of the required side, rear, and front yards has been obtained.
8. 
A bathroom containing only a toilet, sink, and tub or stall shower shall be permitted in the accessory suite.
9. 
The applicant shall be required to submit to the Zoning Officer prior to commencement or establishment of the proposed accessory suite the "notice of intent to establish accessory suite."
10. 
The premises shall continue to be regarded as a single-family dwelling for all purposes including taxation.
11. 
The permit for the accessory suite shall commence after the application is approved by the Zoning Officer and shall terminate upon the sale or transfer of the title to the property.
12. 
A violation of any of the above conditions shall constitute a violation of the Township's zoning ordinance entitling the Township to all available legal or equitable remedies, in addition to the revocation of any permit issued by the Township.
q. 
Prohibited uses. Any use not specifically permitted in the zoning district established by this chapter is hereby specifically prohibited from that district, and further provided that the following uses and activities shall be specifically prohibited in any zone in the Township.
1. 
(Reserved)
2. 
Trailer coach parks.
3. 
Automobile wrecking yards, junkyards or the sorting and baling of scrap metal, paper, rags or other scrap material.
4. 
Airports, heliports, helistops or other facilities required for landing or departure of airborne vehicles.
5. 
Dumps or sanitary landfills, incinerators, pyrolysis or high temperature combustion plants or composting plants or other methods for the disposal of garbage, trash, refuse, junk or other waste materials.
6. 
Coin operated vending machines where they are not in an enclosed building.
7. 
The parking, storing, or keeping of dismantled, inoperative or discarded motor vehicles or any parts thereof, unless within an enclosed building.
8. 
Any use which has an objectionable industrial waste which is discharged into a municipal sewer system or stream.
9. 
Adult bookstores, businesses showing x-rated movies or live acts, massage parlors and other businesses dealing primarily with indecent or obscene materials, acts or paraphernalia.
10. 
The parking, storage, repair or maintenance of garbage trucks.
11. 
(Reserved)
r. 
Fuel oil storage tanks shall be permitted to be installed above ground in all residential zones for the purpose of storing home heating fuel only. The minimum tank size shall be 60 gallons, and the maximum shall be 660 gallons.
The proposed tanks shall be located not less than 20 feet from each side lot line of the property. Aboveground storage tanks shall only be located in the rear yards. Aboveground storage tanks shall be located a minimum of five feet from the primary dwelling unit in conformance with N.F.P.A. 31, and shall be placed on a minimum of four inch concrete slab, with a minimum of four inches of crushed stone placed on grade, and a layer of six millimeter polypropylene. In addition to the slab, there shall be a minimum of an eight inch curb placed on top of the slab on all four sides.
The tank shall be protected by a weather-proof cover aesthetically compatible to the dwelling unit to which it is adjacent. It shall be removable and consist of a minimum of three sides and a roof. The slab shall be large enough to contain the proposed tank and shall not exceed ten feet in distance away from the primary structure.
s. 
Special use permits.
1. 
It is recognized that it may be in accordance with the purposes of the Land Use and Development Ordinances of the Township of Scotch Plains and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to permit activities for a limited period of time, under very specific conditions, which activities may be prohibited by other provisions of the aforesaid ordinance, if such uses are of such a nature and are so located that at the time of petition they would:
(a) 
Not exert a substantially detrimental effect upon the uses of land and activities normally permitted in the district in which the activity is proposed;
(b) 
Contribute materially to the good and welfare of the Township or its residents;
(c) 
Be temporary/seasonal in nature and not substantially undermine the Township master plan and/or Land Use and Development Ordinances; and
(d) 
Be located in a B-2 Business Zone or B-3 Highway Business Zone; and
(e) 
Not substantially intrude into areas under Planning Board or board of adjustment control.
2. 
In the event the Township council finds the above to exist, the Township Council of the Township of Scotch Plains may, in its sole discretion, grant a special use permit for such activity, and no other application or action shall be required of the petitioner in receipt of such special use permit. The Township council may refer such special use permit request to any agency, department or board prior to its decision for comment, but the Township council shall not be bound by the same. The Township council shall limit the time period for which the special use permit shall be valid, which time period shall not exceed 90 days in the case of a special use permit issued for the erection, mounting or other display of a sign, and one year in all other cases for which a special use permit is issued, unless otherwise extended by the Township council. The Township council may impose such other conditions upon the special use permit as it deems appropriate.
3. 
If required by the Township council, the applicant for a special use permit shall give notice of the application to the owners of all real property, as shown on the current tax duplicate, within 200 feet in all directions of the property which is the subject of the application by lot and block and street address and shall contain a description of what use the applicant is requesting and also at what meeting the application will be heard (address, date, and time of meeting) and that the recipient of the notice shall have the right to be heard relative to the application. Notice shall be given by (i) personally serving a copy thereof on the property owner as shown on said tax duplicate or his agent in charge of the property; or (ii) mailing a copy thereof by certified mail to the property owner at the address as shown on said tax duplicate.
4. 
The applicant for a special use permit shall pay to the Township an application fee of $35 to cover the Township's administrative expenses in processing the application. The application fee is due at the time the application is filed and is nonrefundable. An applicant seeking a special use permit, which special use permit is substantially identical in all respects to a special use permit previously granted to the applicant by the Township council pursuant to this section, shall file an application for same. The requirements set forth in subsection 23-2.3s for an initial application for a special use permit shall apply to a renewal application, except that any requirement for notice shall be by regular mail rather than by certified mail, or personal service, with the applicant being required to file with the Township a certification of service, and there shall be no application fee.
5. 
Sidewalk Café Permits. Notwithstanding anything to the contrary in the above provisions, application for a special use permit for a sidewalk café shall be made to the Zoning Officer, and such special use permit may be issued by the Zoning Officer subject to the requirements of this subsection. The application shall be made in the form and manner determined by the Zoning Officer, and shall include such information as may be required by the Zoning Officer to evaluate the application, including but not limited to the name and address of the applicant; the name and address of the owner of the property if other than the applicant, and authorization of the owner for such application; a drawing prepared by or on behalf of the applicant depicting the proposed location of tables, chairs, and other temporary structures or equipment forming the sidewalk café, including proposed trash receptacles, if any; the seating capacity of the proposed sidewalk café; and such other information as may be reasonably required by the Zoning Officer. Appeals from a decision of the Zoning Officer may be made to the Township council. In addition to any specific conditions imposed by the Zoning Officer, sidewalk cafes shall be subject to the following requirements:
(a) 
Sidewalk cafes shall be in the B-2 or B-3 zone.
(b) 
Pedestrian traffic shall not be impeded by the sidewalk café.
(c) 
Acceptance of the permit by the applicant shall operate as consent for the health, fire, police and Building Officials of the Township to inspect the sidewalk café for continued compliance with the terms and conditions of the permit and any Federal, State, county or local ordinance affecting the same.
(d) 
Each holder of a sidewalk café permit shall be responsible for keeping the area of the sidewalk café and adjacent sidewalk clean, and free and clear of any debris or litter occasioned by the café.
(e) 
All tables and chairs must be removed each night when the sidewalk café closes.
t. 
A zoning permit, as defined in subsection 23-1.8a.125 of the Scotch Plains Zoning Ordinance is hereby required by the Township of Scotch Plains for miscellaneous items, as listed herein, not normally associated with, or in conjunction with, a building permit. The purpose of a zoning permit is to ensure that the installation of said items is in conjunction with, and in conformance with, the plans that have been submitted, reviewed, and approved by the administrative officer who has the authority to issue the zoning permit for those installations. The fee for this zoning permit shall be $50.
Zoning permits shall be required in conjunction with the items as listed below:
1. 
Fences.
2. 
Sheds.
3. 
Patios, tennis courts, any unpaved stone, gravel, or semi-pervious surfaces as defined under lot coverage.
4. 
Propane filling and exchange stations.
Additionally, zoning permits shall be required for any nonresidential use, building or structure, located in any zone. A complete and detailed outline and proposal shall be submitted to the administrative officer, on forms prescribed by the administrative officer, prior to occupying any space in any zone. Only after review and approval by the administrative officer shall occupancy be permitted. In a case where other permits are required (building, plumbing, electric, fire or elevator) a zoning permit must be obtained as a condition prior to the application for such permits from the building department. The fee for the zoning permit shall be $50.
Failure to apply for and receive a zoning permit from the administrative officer prior to occupancy shall result in a penalty in the amount of $500 against the tenant, operator or owner of such establishment. Any instance of failure to pay such fines or penalties shall be referred to the Municipal Court of the Township of Scotch Plains.
[Ord. #2013-2; Ord. No. 2016-21 § 2]
[Ord. #24-2010, SI]
a. 
Any rezoning request made by a property owner or by the beneficial owner of any property within the Township (other than for a rezoning initiated by the Township or any of its constituent boards, bodies or agencies or by any instrumentality of the county or of the State of New Jersey) shall be made in writing to the Township Clerk and be accompanied by the following fees:
1. 
Application Fee: $250.00; and
2. 
Escrow Fee for the Township to retain an independent planning consultant to review such request for rezoning: $3,500.00.
b. 
The fees set forth above shall be drawn as separate checks made payable to "Township of Scotch Plains." The applicant shall be required to replenish any planning escrow if the escrow posted is insufficient to cover the planner's fees and costs. Any unexpended escrow shall be refunded to the applicant.
c. 
If the Township council authorizes the Township Attorney to draft a rezoning ordinance, the applicant shall post an additional $500 to cover the costs of drafting such ordinance. The applicant shall be required to replenish said attorney escrow if the escrow posted is insufficient to cover the Township Attorney's fees and costs. Any unexpended escrow shall be refunded to the applicant.
d. 
The applicant shall reimburse the Township for its actual out-of-pocket costs if notice is required under N.J.S.A. 40:55D-62.1 in connection with such request for rezoning.
[Ord. No. 77-10; Ord. No. 78-10; Ord. No. 88-4; Ord. No. 88-8; Ord. No. 88-9; Ord. No. 88-12; Ord. No. 88-18; Ord. No. 88-19; Ord. No. 88-20; Ord. No. 88-30; Ord. No. 89-2; Ord. No. 90-23; Ord. No. 90-25; Ord. No. 91-12; Ord. No. 93-27; Ord. No. 95-5; Ord. No. 96-26; Ord. No. 97-1; Ord. No. 97-5; Ord. No. 97-6; Ord. No. 97-15; Ord. No. 97-25; Ord. No. 17-01; Ord. No. 20-01; Ord. No. 14-03; Ord. No. 30-2000; Ord. No. 31-2000; Ord. No. 22-2005; Ord. No. 17-2008; Ord. No. 5-2010; Ord. No. 18-2010]
For the purpose of this chapter, the Township is hereby divided into the following zones:
a.
R-1
Residence Zone Density Zoning
b.
R-2
Residence Zone
c.
R-3
Residence Zone
d.
R-3A
Residence Zone
e.
B-1
Office and Multifamily Residence Zone
f.
B-1A
Business-Research and Multifamily Residence Zone
g.
B-2
Business Zone
h.
B-3
Highway Business Zone
i.
B-4
Office Zone
j.
M-1
Industrial Zone
k.
M-2
Industrial Zone
l.
P-
Public Zones - Existing
m.
C
Conservation Zone
n.
ML-1
Multifamily Zone
o.
ML-2
Multifamily Zone
p.
R-3B
Residence Zone
[Ord. #77-10; Ord. #79-19; Ord. #78-29; Ord. #78-32; Ord. #78-33; Ord. #79-18; Ord. #79-39; Ord. #79-41; Ord. #80-15; Ord. #80-27; Ord. #82-4; Ord. #82-8; Ord. #82-22; Ord. #83-3; Ord. #83-16; Ord. #83-30; Ord. #84-6; Ord. #84-16; Ord. #84-17; Ord. #84-28; Ord. #85-1; Ord. #88-4, S1; Ord. #88-9, S1; Ord. #89-24, S1; Ord. #89-28, S1; Ord. #90-25, S9; Ord. #91-12, S1; Ord. #93-23, S1; Ord. #95-5, S2;Ord. #96-16, S1; Ord. #30-2000, S2; Ord. #20-01, S3; Ord. #22-01, S2; Ord. #8-02, SI; Ord. #9-02, SI; Ord. #22-02; Ord. #13-03, SI; Ord. #21-04, S1; Ord. #2-05, SI; Ord. #18-2005, SI; Ord. #14-2006, S1; Ord. #29-2006; Ord. #31-2006; Ord. #5-2010, SV; Ord. #2011-2, S1; Ord. No. 2015-7]
The boundaries of all zone districts shall be shown on a map attached to and made a part of this chapter entitled "Township of Scotch Plains, Union County, New Jersey, Zoning Map," dated January 1, 1985. The map and all explanations and references thereon are hereby incorporated into and declared to be a part of this chapter (and is included as an attachment to this chapter).
a. 
Zone Exchanges.
1. 
Vacant land end of King Street from Old Raritan Road in Edison Block 16402 Lot 1 from R-1 to R-2 Zone.
2. 
Vacant land end of paper Webb Street Block 16302 Lots 7, 8 & 9 from R-2 to R-1 Zone.
3. 
The property known as Lot 11 in Block 11603 (as designated on the Tax Map of the Township of Scotch Plains) is hereby re-zoned from the R-1 Zone to the new R-2B Zone.[1]
[1]
Editor's Note: See subsection 23-3.4c for specific use regulations.
4. 
The property known as Lot 2 in Block 11301 (as designated on the Tax Map of the Township of Scotch Plains) is hereby re-zoned from the R-1 Zone to the new R-2B Zone.[2]
[2]
Editor's Note: See subsection 23-3.4c for specific use regulations.
5. 
The property known as Lot 18.01 in Block 13501 and Lot 19.01 in Block 13501 (as designated on the Tax Map of the Township of Scotch Plains) is hereby rezoned from the R-1 Zone to the R-2 Zone.
6. 
A portion of the property known as Lot 33 in Block 4602 (as designated on the Tax Map of the Township of Scotch Plains) is hereby rezoned from the R-2 Zone to the R-3A Zone, as more particularly described on Schedule A[3] attached hereto.
[3]
Editor's Note: Schedule A, referred to herein, can be found on file in the office of the Township Clerk attached to and made a part of Ordinance No. 89-28.
7. 
The property known as Lots 12, 16, 17, 18, 19, 20 and 21 in Block 6102 (as designated on the Tax Map of the Township of Scotch Plains) is hereby rezoned to the new SC-2 Zone.
8. 
The property known as Lots, 9, 10 and 11 in Block 4802 (as designated on the Tax Map of the Township of Scotch Plains) is hereby rezoned to the new ML-1 zone.
9. 
The property known as Lot 3 in Block 4901 (as designated on the Tax Map of the Township of Scotch Plains) is hereby rezoned to the new ML-2 Zone.
10. 
The property known as Lots 4, 5, 6 Block 6201, Lots 13, 14 and 15 Block 6102, Lots 1, 7, 8, 9 and 10 Block 6103, Lots 1, 6, 7 and 8 Block 6104, Lot 3, Block 6105 (as designated on the Tax Map of the Township of Scotch Plains) is hereby rezoned to the new MFR-1 Zone.
11. 
The property known as Lot 14 in Block 12801 is hereby rezoned from the P-Public Zone to the new SC-1 (Senior Citizen Zone) Zone.
12. 
The following lands are hereby removed from the B-1 Office and Multifamily Residence Zone:
Block
Lots
101
3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18 and portions of Shepard Street and Gables Street as shown on the attached sketch.[4]
[4]
Editor's Note: The attached sketch referred to herein may be found on file in the office of the Township Clerk attached to Ordinance No. 93-23.
13. 
The following lands are hereby placed in the B-2 Business Zone:
Block
Lots
101
3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18 and portions of Shepard Street and Gables Street as shown on the attached sketch.*
14. 
The property known as Lots 4, 5, 9 and 10, Block 15801 (as designated on the Tax Map of the Township of Scotch Plains) is hereby removed from the R-1 Zone and rezoned to the new R-2D Zone.[5]
[5]
Editor's Note: See Subsection 23-3.6D for specific use regulations.
15. 
The following lands are hereby removed from the M-1 Industrial (Industry) Zone.
Block
Lots
4303
9, 10, 11, 12
16. 
The following lands are hereby placed in the B-1 Office and Multifamily Residence Zone:
Block
Lots
4303
9, 10, 11, 12
17. 
The property known as Block 405, Lot 1 shall be rezoned from the R-3A Zone to the C-Conservation Zone.
18. 
The properties listed below shall be rezoned from the SC-2 and MFR-1 Zones to the R-3B Zone.
Block
Lots
6102
12, 13, 14, 15, 16, 17, 18, 19, 20, 21
6103
1, 7, 8, 9, 10
6104
1, 6, 7, 8
6105
3, 4
6201
4, 5, 6
19. 
The property known as Block 7802, Lots 1 and 12, shall be rezoned from the P (Public) Zone to the C (Conservation) Zone.
20. 
The property known as Lot 12 in Block 4303 shall be rezoned from the B-1 Zone to the P (Public) Zone.
21. 
The property known as Block 4001, Lot 13 (portion) shall be rezoned from the B-2 Zone to the R-3A Zone. (Portion of Block 4001, Lot 13 which is 50 feet in width with an approximate lot size of 6,517.2 square feet).
22. 
The property known as Lot 1.01 in Block 3401, shall be rezoned from the P (Public) to the C (Conservation) Zone.
23. 
A portion across the rear of Lot 24 in Block 6102 containing 1,500 square feet +/- shall be rezoned to "R3-B."
24. 
A portion across the rear of Lot 25 in Block 6102 containing 325 square feet +/- shall be rezoned to "R3-B."
25. 
A portion across the rear of Lot 4 in Block 6201 averaging 31 feet in width; and a portion in the southwesterly corner of Lot 5 in Block 6201 approximately 10 feet by 13 feet in size; and a portion running along the most southwesterly property line of Lot 6 in Block 6201 averaging 10 feet in width; for a total containing 7,086 square feet +/- shall be rezoned from "R3-B" to "M-1."
26. 
The property known as Lot 27 in Block 7704 shall be rezoned from the P (Public) to the C (Conservation) Zone.
27. 
The property known as Lot 2 in Block 14702 shall be rezoned from the P (Public) to the C (Conservation) Zone.
28. 
Lot 58.02, known as 1821 Front Street, which is approximately 10,120 square feet shall be rezoned to "B-2."
29. 
The property known as Lot 1.03 in Block 1105, shall be rezoned from the "P" to the "B-2" Zone.
30. 
The property known as Lot 1, Block 14702, shall be rezoned from the "R-1" Zone to the "C" or (Conservation) Zone.
31. 
The property known as Lot 1.03 in Block 1105 shall be rezoned from the "P" (Public) to the "B-2" (Retail Business) Zone.
32. 
The 10.0 foot by 101.83 foot parcel of land forming a portion of new Lot 5.0102 in Block 7201 as depicted by hatch mark on Exhibit A* attached hereto is hereby rezoned form R-2 to R-3.
33. 
The 2,787 square foot portion of proposed Lot 12.09 in Block 15701 as depicted by hatch mark on Exhibit A attached hereto is hereby rezoned from the R-1 Zone District to the R-2A Zone District.
34. 
The property known as Lot 2 in Block 12001, 1311 Terrill Road, is rezoned from the R-1 Zone to the P (Public) Zone.
[Ord. No. 2015-7]
Editor's Note: Exhibit A, referred to herein, may be found on file in the office of the Township Clerk.
[Ord. #77-10]
a. 
Zone boundary lines are intended to follow the center line of streets, railroad rights-of-way, streams, and re-corded property lines, except where indicated, other-wise by dimension or other notation on the Zoning Map of the Township.
b. 
Where zone boundaries are not fixed by dimension or other notation and where they approximately follow property lines or other natural features and do not scale more than 25 feet distant therefrom, such property line or natural feature shall be deemed to be the location of the zone boundary.
c. 
In unsubdivided land, where the zone boundary divides a property and the location of such boundary is not fixed by dimension or other notation on the Zoning Map, then the location of such boundary shall be obtained through the use of the graphic scale, and the administrative officer shall so use the scale.
a. 
The Schedule of Lot, Yard and Building Regulations, included as subsections 23-3.4A and 23-3.4B, sets forth the regulations of this chapter with respect to minimum lot size, yard dimensions, maximum lot coverage, maximum height and number of stories for each of the various zones. Unless modified elsewhere in this chapter, such standards shall be the minimum or maximum permitted, as the case may be, in each of the several zones.
b. 
The Schedule of Sign Regulations, included as subsection 23-3.4C, sets forth the regulations of this chapter with respect to permitted signs, sign sizes and other regulations controlling the erection of signs in all zones established by this chapter, except for conditional uses which are set forth in those sections governing such uses. The maximum square footage shown in column II shall be the maximum amount of square footage when all signs on the premises are combined and calculated together. All signs not specifically permitted are prohibited.
1. 
Real estate signs shall be governed by the following: One sign announcing that the premises on which it is located is available for sale or rental is permitted, subject to the following conditions:
(a) 
Such sign shall not exceed the maximum square footage as outlined in subsection 23-3.4B, column II which shall include the area of the support in the same plane as the sign.
(b) 
Such sign and its supports shall be constructed exclusively of wood, metal or plastic.
(c) 
The top of such sign shall be no higher than five feet above the surface of the ground.
(d) 
Such sign shall be erected where the property fronts.
(e) 
Such signs shall not be illuminated in any manner.
(f) 
Such signs shall be located only in the front yard and shall comply with the notes as outlined in subsection 23-3.4B.
2. 
Such signs shall not be used on another premises until a permit has been obtained as provided herein. There shall be no refund of fee if the sign is not used. For purposes of administering this paragraph, the premises shall be deemed to be sold when a contract has been signed and the property withdrawn from the market.
3. 
Signs announcing that the property has been sold are not permitted. Only "For Sale" signs are permitted.
4. 
A sign announcing an "open house" may also be placed in the front yard of the property, but only on the day that such open house is being conducted, and not before 9:00 a.m. prevailing time, or after 5:00 p.m. prevailing time and may be displayed on said premises only once in any seven day period. Such sign shall not exceed four square feet in area. The top of such sign shall be no higher than five feet above the surface of the ground, and must be displayed with the face parallel to the roadway which the property fronts. No permit shall be required for such sign. If an "open house" sign is placed on the property, during such time as it is displayed any other temporary signs permitted by this section must be removed. Such other temporary signs may be replaced after such "open house" sign is removed.
5. 
No sign permitted by this section shall be erected until a permit shall have been obtained from the zoning official for such purpose (except "open house" signs that require no fee or permit). The permit to erect a sign shall only apply to the premises for which it was obtained and the sign for which it was obtained and shall not be transferable to another premises or sign.
The fee for such permit shall be $25.
6. 
Any authorized person enforcing this section who has probable cause to believe that a temporary sign has been erected or displayed in violation of this section may remove such sign to a suitable location under the control of the town. The rightful owner of such sign may reclaim the sign upon the payment of a fee of $50 to defray the cost of removing and storing the sign. Such fee shall be refunded to such person if after trial in municipal court, it is determined that no violation of the section occurred. This remedy shall be in addition to and not in substitution of any other penalty provided for violation of the Land Use Ordinance of the Township of Scotch Plains upon conviction in municipal court.
c. 
Special regulations.
1. 
With regard to property known as Lot 11 in Block 11603 to the extent that development on said premises is regulated by a developer's agreement executed by the Township of Scotch Plains to implement its Fair Share Housing Plan, and where there may be a conflict between the developer's agreement and this section, the developer's agreement shall control, specifically, average lot size shall be 13,500 square feet and the required rear yard setback shall be 40 feet and the required front yard setback shall be 30 feet.
2. 
With regard to property known as Lot 2 in Block 11301 to the extent that development on said premises is regulated by a developer's agreement executed by the Township of Scotch Plains to implement its Fair Share Housing Plan, and where there may be a conflict between the developer's agreement and this section, the developer's agreement shall control, specifically, average lot size shall be 13,500 square feet, including all public and private roads, easements, and/or rights-of-way which are dedicated as part of a subdivision (6.01510 acres/18 lots), lot width 60 feet at building setback on a lot fronting a cul-de-sac and 68 feet at building setback on all other lots, front yard 35 feet, side street corner lot 20 feet, side yard 9 feet, total side yards 20 feet and maximum lot coverage, 30%. Requirements for rear yard, lot coverage, building height and number of stories shall be the same as the requirements for the R-2 Zone.
d. 
Stormwater management uses and the like are permitted when such facilities are installed and maintained by a homeowners' association which has been created by master deed.
The Schedule of Lot, Yard and Building Regulations is included as an attachment to this chapter.
The Schedule of Lot, Yard and Building Regulations – R-2A, R-2B, R-2C and R-3B Districts is included as an attachment to this chapter.
The Schedule of Sign Regulations is included as an attachment to this chapter.
The Schedule of Yard and Building Height Limitations for Detached Secondary Buildings in Residential Districts is included as an attachment to this chapter.
a. 
Permitted Primary Uses.
1. 
One-family dwellings.
2. 
Customary and conventional limited farming operations including the raising of flowers and vegetables and horticultural materials but not including the use of commercial greenhouses nor the raising of any animals except customary household pets.
3. 
Municipal parks and playgrounds, buildings and uses which are deemed appropriate and necessary by the Township council of the Township.
4. 
Golf Clubs.
5. 
One-family dwelling, using density zoning. Applicable to tracts being subdivided of ten acres or more, subject to Planning Board approval.
b. 
Permitted Secondary Uses.
1. 
Private garages not in excess of 1,200 square feet of building area, including detached and attached garages.
2. 
Customary residential storage buildings not in excess of 200 square feet of building area.
3. 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
4. 
Other customary residential secondary structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights, secondary structures customarily associated with a swimming pool on the premises, not exceeding 200 square feet and providing that no residential living quarters are contained therein, and the like.
5. 
Customary farm buildings for the storage of products or equipment located on the same property as the primary use.
6. 
Off-street parking spaces shall be provided to all dwelling units in the R-1 Residence Zone subject to the following criteria: each unit shall be provided with not less than three off-street spaces, one of which parking spaces if applicable (See subsection 23-2.3l,4) shall be within a garage and the remaining parking spaces to be located in the driveway leading thereto.
7. 
Signs, in accordance with subsection 23-3.4b.
8. 
The following secondary uses are permitted in conjunction with a permitted golf club, provided that the operation of such facilities is clearly incidental and subordinate to the operation of the golf club.
(a) 
Clubhouse facilities, including dining and refreshment facilities.
(b) 
Caretaker dwellings, including not less than 600 square feet of floor space.
(c) 
Structures for the storage of maintenance equipment and supplies.
(d) 
Supplemental recreational facilities, such as swimming pools, tennis courts and other similar facilities.
9. 
The keeping of horses or ponies shall be permitted in the R-1 Residence Zone only, subject to the following standards, and further subject to the requirement that a certificate of occupancy be obtained from the Zoning Officer certifying that the following standards have been met:
(a) 
Not more than two horses and/or ponies are allowed per acre.
(b) 
Not less than 20,000 square feet shall be provided for the first horse or pony.
(c) 
Horses shall be safely corralled. Corral shall not be less than 20 feet from the side lot line, stable shall not be less than 30 feet from the side lot line, and stable or corral shall not be less than 50 feet to any neighboring dwelling.
(d) 
Stable (as defined in subsection 23-1.8 "Definitions").
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Public utility uses.
2. 
Public and private schools.
3. 
Churches and similar places of worship.
4. 
Buildings operated by chartered membership organizations for the benefit of the public and not for profit.
d. 
Other Provisions and Requirements.
1. 
Residential uses shall provide not less than two off-street parking spaces for each dwelling unit, one of which shall be a garage and the second may be a driveway leading thereto.
2. 
Outdoor storage of produce, fertilizer or equipment in connection with an agricultural use shall not be located within 60 feet of a street line or within 200 feet of any adjoining residence.
3. 
Farm operations shall have a minimum lot area of five acres, exclusive of the lot area required for one-family residence, if both uses are included.
4. 
No structure erected in conjunction with a permitted golf course shall be located closer than 200 feet to a street or property line of the lot on which the use is located.
a. 
Permitted Primary Uses.
1. 
Any primary use enumerated in subsection 23-3.5a.
b. 
Permitted Secondary Uses.
1. 
Any secondary use enumerated in subsection 23-3.5b except the keeping of horses.
2. 
Residential professional offices.
3. 
Signs, in accordance with subsection 23-3.4C.
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Any conditional uses as specified in subsection 23-3.5c.
d. 
Other Provisions and Requirements.
1. 
Same as specified in subsection 23-3.5d.
2. 
Residential professional offices shall provide at least one off-street parking space for each 100 square feet of floor space devoted to such office use, but in no case less than three such spaces. Said parking space to be to the rear of the building line. Residential professional offices shall be limited to those of the practice of medicine, dentistry, law, architecture and engineering. The conduct of such profession shall permit the employment of not more than one employee and shall be limited to one-fourth of the gross floor area of the building. The balance of the area shall be occupied by the professional practitioner as his principal residence.
a. 
Permitted Primary Uses.
1. 
One-family detached dwellings, including zero-lot line units, with attached garages. A zero-lot line unit is defined as a one-family detached dwelling located on a separate lot with setbacks on the front, rear and one side.
2. 
A homeowners' association created by master deed may install and maintain recreational facilities such as pools, tennis courts and accessory structures and uses and stormwater management uses.
b. 
Permitted Secondary Uses.
1. 
Customary residential storage buildings not in excess of 200 square feet of building area.
2. 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
3. 
Other customary residential secondary structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights, recreational apparatus, secondary structures customarily associated with a swimming pool on the premises (not exceeding 200 square feet and providing that no residential living quarters are contained therein), and the like (unless prohibited by the master deed or bylaws of a homeowners' association).
c. 
Other Provisions and Requirements.
1. 
Residential uses shall provide not less than two off-street parking spaces for each dwelling unit, one of which shall be a garage and the second of which may be a driveway leading thereto.
2. 
Any common open space shall be dedicated to the Township or maintained by the developer or by an association for the ownership and maintenance of the open space, as required in N.J.S.A. 40:55D-43. The Township council is not obligated to accept any offer of dedication of common open space.
3. 
Development in the R-2A zone shall also be regulated by a developer's agreement signed by the Township to implement its Fair Share Housing Plan, and where there may be a conflict between the developer's agreement and this subsection, the developer's agreement shall control. If any other section of the Zoning Ordinance or General Ordinances of the Township of Scotch Plains conflict with this subsection 23-3.6A or the developer's agreement, this subsection 23-3.6A and the developer's agreement shall control.
4. 
Portions of lots may be within the wetlands or one-hundred-year floodplains of streams provided that no building or land disturbance shall occur within those areas, unless permitted by the appropriate agencies.
d. 
Schedule of Lot, Yard, Building and Site Requirements.
1. 
In this zone district, all roads shall be private and shall have a right-of-way width of at least 30 feet, a paved width of 28 feet, pavement thickness of eight inches thick composition, two inches mix #5, six inches mix #1 and granite block curbing. No sidewalks shall be required. Turn-around radius of dead-end streets shall not be required to exceed 40 feet.
2. 
The street line shall be considered as the rear of the curb.
3. 
Minimum lot and yard dimensions:
(a)
Minimum lot size
7,500 square feet
(b)
Minimum lot width
65 feet
(c)
Front yard: 25 feet (Front entry garage) 20 feet (Side entry garage)
(d)
Side yards: 12 feet (Zero-lot line lots - one side only) 6 feet (Non-zero lot line lots - 2 side yards)
(e)
Rear yard
15 feet
(f)
Maximum height
35 feet
(g)
Maximum stories
2-1/2
(h)
Maximum lot coverage
35 percent
(i)
Maximum density
3 units per acre
(j)
Signs: Same as permitted in R-1 Zone District
a. 
Permitted Primary Uses.
1. 
One-family dwellings (See subsection 23-3.4A. Schedule of Lot, Yard, and Building Regulations).
2. 
A homeowners' association created by master deed may install and maintain accessory structures and uses and stormwater management uses.
b. 
Permitted Secondary Uses.
1. 
Private garages not in excess of 1,200 square feet of building area, including detached and attached garages.
2. 
Customary residential storage buildings not in excess of 200 square feet of building area.
3. 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
4. 
Other customary residential secondary structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights, recreational apparatus, secondary structures customarily associated with a swimming pool on the premises (not exceeding 200 square feet and providing that no residential living quarters are contained therein), and the like (unless prohibited by the master deed or bylaws of a homeowners' association).
a. 
Permitted Primary Uses.
1. 
One-family dwellings (See subsection 23-3.4A. Schedule of Lot, Yard and Building Regulations).
2. 
A homeowners' association created by master deed may install and maintain accessory structures and uses and stormwater management uses.
b. 
Permitted Secondary Uses.
1. 
Private garages not in excess of 1,200 square feet of building area, including detached and attached garages.
2. 
Customary residential storage buildings not in excess of 200 square feet of building area.
3. 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
4. 
Other customary residential secondary structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights, recreational apparatus, secondary structures customarily associated with a swimming pool on the premises (not exceeding 200 square feet and providing that no residential living quarters are contained therein), and the like (unless prohibited by the master deed or bylaws of a homeowners' association).
The purpose and intent of the R-2D Mixed Residence Zone is to comply with the opinion of the Council of Affordable Housing (Docket No. COAH 92-407) dated November 10, 1993 entitled "In re: Scotch Plains Township/Woodland Estates" requiring the rezoning of Block 15801, Lots 4, 5, 9 and 10, and to further comply with the Mount Laurel doctrine which requires municipalities to foster affordable housing.
The following regulations are applicable in the R-D Mixed Residence Zone:
a. 
Permitted Primary Uses.
1. 
One-family detached dwellings, including zero-lot line units with attached garages. A zero-lot line unit is defined as a one-family detached dwelling located at a separate lot with setbacks on the front, rear and one side.
2. 
Two-family dwellings (duplex and flat).
3. 
A homeowners' association created by master deed may install and maintain recreational facilities such as pools, tennis courts, and accessory structures and uses and stormwater management uses. Such installation of improvements shall require an application for site plan approval.
b. 
Permitted Secondary Uses.
1. 
Customary residential storage buildings not in excess of 200 square feet of building area.
2. 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
3. 
Other customary residential secondary structures such as decks, swimming pools, patios, fireplaces, trellises, post lights and the like, unless prohibited by the master deed or bylaws of a homeowners' association.
c. 
Other Provisions and Requirements.
1. 
One-family detached dwellings and two-family dwelling shall provide not less than two off-street parking spaces for each dwelling unit, one of which shall be a garage and the second of which may be a driveway leading thereto.
2. 
Any common open space shall be maintained by the developer or by an association for the ownership of the open space, as required in N.J.S.A. 40:55D-43. The Township council is not obligated to accept any offer of dedication of common open space.
3. 
Development in the R-2D Zone shall also be regulated by a developer's agreement signed by the Township to implement its fair share housing plan and, where there may be a conflict between the developer's agreement and this subsection, the developer's agreement shall control.
4. 
Portions of lots may be within steep slopes, wetlands or 100 year flood plans of streams provided that no building or land disturbance shall occur within those areas, unless permitted by the appropriate agencies.
d. 
Schedule of Lot, Yard, Building and Site Requirements.
1. 
In this zone district, all roads shall be public or private and shall have a right-of-way width of at least 32 feet, with a minimum of one foot on each side and ten-foot utility and shade tree easements, and a paved width of at least 30 feet. Cul-de-sac lengths in this district shall not exceed 1,300 feet.
2. 
Minimum lot and yard dimensions:
(a)
Minimum lot size:
(1)
Single-family
7,500 sq. ft.
(2)
Two-family
9,000 sq. ft.
(b)
Minimum lot width
65 feet
(c)
Front yard:
25 feet (front entry garage)
20 feet (all other primary structures)
(d)
Side yards:
12 feet (zero lot line lots--one side only)
10 feet (non-zero line lots--two side yards)
(e)
Rear yard
30 feet
(f)
Maximum height
35 feet
(g)
Maximum stories
(1 and 2-family)
2 1/2
(h)
Maximum lot coverage
30%
(i)
Maximum Density
28 Units
(1)
One-family detached:
Six units per acre
(2)
Two-family attached (duplex and flat)
Four units per acre
(j)
Signs
Same as permitted in R-1 Zone.
a. 
Permitted Primary Uses.
1. 
Any primary use enumerated in subsection 23-3.6, a.
b. 
Permitted Secondary Uses.
1. 
Any secondary use enumerated in subsection 23-3.6, b.
2. 
Off-street parking facilities in conjunction with a permitted office use.
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Any conditional uses as specified in subsection 23-3.6, c.
d. 
Other Provisions and Requirements.
1. 
Same as enumerated in subsection 23-3.6d.
a. 
Permitted Primary Uses.
1. 
Any primary use enumerated in subsection 23-3.7, a.
b. 
Permitted Secondary Uses.
1. 
Any secondary use enumerated in subsection 23-3.7, b.
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Any conditional uses as specified in subsection 23-3.7, c.
d. 
Other Provisions and Requirements.
1. 
Same as specified in subsection 23-3.7d.
[Ord. #20-01, S4]
The R-3B Residence Zone is hereby established to carry out the purposes and plan known as the Broadway Redevelopment Plan, as amended and heretofore adopted by the Township council. The R-3B Zone is intended to provide for the Comprehensive Planning and development of detached single-family dwellings, together with appropriate site improvements and recreational facilities, based upon the recommendations and standards contained in the aforesaid Redevelopment Plan.
a. 
Permitted Primary Uses.
1. 
Detached one-family dwellings.
2. 
Municipal parks and playgrounds, buildings and uses which are deemed appropriate and necessary by the Township council.
3. 
Private recreation facilities including swimming pools, a community building or clubhouse, and open space, provided that all such uses shall be owned and maintained by a homeowners' association, and further provided that no commercial activity shall be permitted. The total building area associated with any recreation use shall be limited to 4,000 square feet. It is the intent of this section to provide for comprehensively planned recreation facilities and open space to be approved by the Planning Board as part of the redevelopment of the Broadway Redevelopment Area. No swimming pool shall be permitted on an individual residential lot within the R-3B Zone. The private recreation facility shall be open for use by nonmember residents or groups from Scotch Plains on a reasonable basis for public related purposes or groups of any age by mutual arrangement between the association and Township or the particular group.
4. 
Stormwater management facilities and utility structures related to residential development within the R-3B Zone.
b. 
Permitted Secondary Uses.
1. 
Customary residential storage buildings not to exceed 200 square feet in building area, provided that no such storage building shall be located in the front yard of any lot and further provided that no such storage building shall be located closer to a side or rear lot line than two feet.
2. 
Shelters for domestic pets not to exceed 50 square feet in building area, exclusive of runs, provided that no such shelter or runs shall be located within the front yard of any lot and further provided that no such shelter or runs shall be located closer to a side or rear lot line than two feet.
3. 
Trellises, post lights, patios and decks, provided that decks and patios shall comply with applicable setback requirements. Fences shall comply with applicable ordinance requirements.
4. 
Signs shall be permitted as follows:
(a) 
For single-family dwellings, see subsection 23-3.4C, Schedule of Sign Regulations.
(b) 
For real estate signs, see subsection 23-3.4b, paragraphs 1 through 5 and subsection 23-3.4C, Schedule of Sign Regulations.
(c) 
Development signs shall be permitted in connection with a development in the R-3B Zone in accordance with the following:
(1) 
One sign indicating the name of the development shall be permitted on common land owned and maintained by the homeowners' association, provided that it shall not exceed an overall height of four feet above grade, including any mounting or support structure. The sign size shall be limited to a total of 12 square feet in area. No internally illuminated sign shall be permitted. If illuminated, lighting shall be from an indirect source that shall not cause glare onto adjoining properties or pose a hazard to motorists.
(2) 
One nonilluminated sign shall be permitted on the facade of a community building or clubhouse in association with a recreation facility provided that such sign shall not exceed a total of 24 square feet in area, nor shall it protrude above or extend beyond any portion of the facade of the building.
(3) 
Signs permitted under this paragraph (c) shall be approved by the Planning Board.
c. 
Conditional Uses. None.
d. 
Other Provisions and Requirements.
1. 
Adult Community. With the exception of dwellings proposed with frontage and driveway access from the westerly end of Waverly Place, all residential dwellings located within the R-3B Zone shall be subject to a deed restriction that limits the marketing, sale, and occupancy of such residential dwellings to the terms of an adult community as defined herein. It is the intention that this be an age restricted zone and shall comply with all terms and provisions of the Federal Fair Housing Act, and any other applicable Federal and State statutes.
2. 
Adult Communities; Purposes. It having been determined that there is a need for alternative housing in the Township of Scotch Plains for the adult population who no longer maintain a residence for their children and which is comprehensively designed to meet the needs of adults. Adult communities are hereby authorized to be developed in those residential zones in which adult communities are recognized as a permitted use, upon compliance with the design criteria set forth in this subsection and approval of the general development plan, preliminary and final subdivision/site plan approvals including Developer's Agreements from the Planning Board of the Township of Scotch Plains as hereinafter described.
3. 
Definitions.
ADULT COMMUNITY PROJECT (ACP)
As described herein shall mean a private residential community comprised of single-family detached dwellings and accessory uses intended for, and limited and restricted to, use and occupancy of:
(a) 
Any person of the age of 55 years or over,
(b) 
A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over,
(c) 
The child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or over, or
(d) 
The individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.
(e) 
Occupancy of any dwelling shall be restricted to persons of the age of 55 years or over, provided, however, that a husband or wife, regardless of age, residing with his or her spouse may occupy such dwelling so long as such spouse is of the age of 55 years or over. Further, no dwelling may be occupied by any child under the age of 19 years. In the event that an owner of a lot dies, testate or intestate, leaving as heirs one or more persons who do not qualify as to age, these restrictions shall in no way be deemed to restrict the ownership of said lot by the heirs, provided, however, that said heir or heirs, their successors or assigns, shall not reside in the dwelling until he or she meets the age requirements together with such other requirements that may be contained herein.
(f) 
The foregoing occupancy restrictions shall not be construed to prohibit the occupant of any unit in an ACP from entertaining guests, of any age, in their units, including temporary residency not to exceed three months with no financial or other pecuniary consideration to be paid therefor.
DETACHED UNIT
As used herein shall mean a unit which is not physically connected to any other unit.
UNIT
As used herein shall mean a single-family residence.
4. 
Site Improvements. All streets, stormwater management, and other site improvements including off-street parking shall be provided in accordance with New Jersey Residential Site Improvement Standards. Each dwelling on a lot less than 5,000 square feet in area shall include a private garage of not less than 12 feet by 20 feet. Each dwelling on a lot equal to or greater than 5,000 square feet in area shall include a private two-car garage of not less than 24 feet by 20 feet.
5. 
Recreation Area Off-Street Parking. Off-street parking shall be provided in association with recreational facilities or community buildings. All off-street parking areas shall be adequately landscaped and shall be located at least ten feet from any street right-of-way line and five feet from any other property line.
6. 
Landscaping. To the extent practical, existing trees on the site shall be preserved and protected during construction. Substantial landscape plantings shall be provided along perimeter tract lines to screen adjoining uses wherever a proposed lot or proposed recreational facilities adjoin any existing use. The Planning Board may approve fencing in conjunction with any such screening requirement. Any site plan or subdivision plan shall be accompanied by a landscape plan specifying details for tree protection measures, proposed landscape plantings, and street trees to be provided in accordance with ordinance requirements, and/or contract of sale or developer's agreement.
7. 
Homeowners' Association. A homeowners' association shall be established for the purpose of owning and maintaining all of the common elements of any development in the R-3B Zone, including but not limited to open space, stormwater management facilities, off-street parking areas, and recreation improvements. No final subdivision or site plan for development in the R-3B Zone shall be approved unless the documents necessary to establish a homeowners' association to carry out the purposes of this section have been approved by the Planning Board attorney and the Township Attorney.
[Ord. #77-10; Ord. #79-41; Ord. #82-3; Ord. #89-2, S4; Ord. #96-15, S1; Ord. #2011-3, S4; Ord. No. 2016-18 § 1]
a. 
Permitted Primary Uses.
1. 
One-family dwellings.
2. 
Business and professional offices and uses.
3. 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township council.
4. 
Townhouse developments at a density of not over 12 units per acre, including recreation and parking facilities for the exclusive use of residents and their guests.
[Ord. No. 2016-18 § 1]
5. 
Garden apartments of a density of not over 12 units per acre, including recreation and parking facilities for the exclusive use of residents and their guests.
[Ord. No. 2016-18 § 1]
b. 
Permitted Secondary Uses.
1. 
Any secondary use enumerated in subsection 23-3.5, b, except the keeping of horses.
2. 
Off-street parking facilities in conjunction with a permitted office use.
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Any conditional uses as specified in subsection 23-5.2, a, b, c, d, and f.
d. 
Other Provisions and Requirements.
1. 
Off-street parking space shall be provided as follows:
(a) 
One-family houses, townhouses, and garden apartments shall provide not less than two off-street parking spaces for each dwelling unit.
(1) 
For one-family houses, one of these spaces shall be a garage and the second may be a driveway leading thereto.
(2) 
For townhouses and garden apartments, all off-street parking shall be located behind the required front building setback line, and no parking space shall be provided within 20 feet of the edge of pavement of any access roadway.
(3) 
No parking spaces shall be located closer than five feet from a townhouse or garden apartment structure, except where parking spaces are located in the building.
(b) 
Business and professional office uses shall provide not less than one space for each 200 square feet of gross floor area.
2. 
For townhouses, not more than six dwelling units shall be located in a single structure.
3. 
For garden apartments, not more than 16 dwelling units shall be located in a single structure, and there shall be a setback in the building facade of at least four feet for not over each eight units.
4. 
Minimum tract size for townhouses and garden apartments shall be one acre.
5. 
Maximum building coverage for townhouses and garden apartments shall be 40 percent.
[Ord. No. 2016-18 § 1]
6. 
Maximum height for townhouses and garden apartments shall be 40 feet and three stories, notwithstanding the definition of "Garden Apartment" in § 23-1.8a,44.
[Ord. No. 2016-18 § 1]
7. 
Minimum gross floor area for townhouse and garden apartment units shall be 600 square feet.
8. 
No apartment unit shall be located in a basement or cellar.
9. 
Separate exterior front entrances shall be provided to each townhouse and garden apartment unit. Individual rear entrances shall also be provided for every townhouse unit, but may be combined in garden apartments to serve more than a single unit provided that such rear entryway is not from a common foyer or hallway with a front entryway.
10. 
A resident superintendent shall be provided in any garden apartment development with more than 25 dwelling units.
11. 
For townhouse and garden apartment structures, the minimum distance between structures front to front, or front to rear shall be 30 feet. The minimum distance end to end shall be ten feet. The minimum distance front to side shall be 15 feet and the front facade of a building shall not overlap the side wall of an adjoining building by more than eight feet. The nearest point of any individual townhouse or garden apartment structure shall be a minimum of 20 feet from edge of pavement of any access roadway. Interior courts shall be at least 30 feet wide and shall be no longer than twice their width.
12. 
For townhouses and garden apartments, at least 10 percent of the site area shall consist of landscaped open space exclusive of building area, parking area, and access drives. For garden apartments, at least five percent of the site area (which may be included in the foregoing 10 percent) shall be common open space developed for active or passive recreation use of the residents of the project, including sitting areas, play areas, and the like; for townhouses, at least ten percent of the site area shall be so developed, but may include individual patios.
[Ord. No. 2016-18 § 1]
13. 
Wherever any use except a one-family dwelling in this zone is on a lot which abuts a residence zone, a ten foot wide buffer area shall be provided adjacent to the zone boundary in a manner approved by the Planning Board. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes so as to form an effective visual screen.
[Ord. #77-10; Ord. #79-41; Ord. #89-2, S4; Ord. No. 2016-18 § 2]
a. 
Permitted Primary Uses.
1. 
Townhouse developments at a density of not over 12 units per acre, including recreation and parking facilities for the exclusive use of residents and their guests.
[Ord. No. 2016-18 § 2]
2. 
Garden apartments of a density of not over 12 units per acre, including recreation and parking facilities for the exclusive use of residents and their guests.
[Ord. No. 2016-18 § 2]
3. 
Office buildings for executive, engineering, and administrative purposes.
4. 
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory, research, design or experimentation conducted on the premises.
5. 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township council.
6. 
The depositing of leaves or other vegetation and composting of same by the Township, its agents, or any person, firm, or corporation acting for or on behalf of the Township pursuant to a written agreement with the Township.
b. 
Permitted Secondary Uses.
1. 
Off-street parking facilities in conjunction with permitted office and research uses.
2. 
Private garages necessary to store any commercial vehicles on the premises.
3. 
Signs, in accordance with subsection 23-3.4b.
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Any conditional uses as specified in subsection 23-3.5, c.
d. 
Other Provisions and Requirements.
1. 
Off-street parking space shall be provided as follows:
(a) 
Townhouses and garden apartments shall be provided with not less than two off-street parking spaces for each dwelling unit and such spaces shall be located in close proximity to the unit for which they are intended.
(1) 
All off-street parking shall be located behind the required front building setback line.
(2) 
No parking spaces shall be located closer than five feet from a townhouse or garden apartment structure, except where parking spaces are located in the building.
(3) 
No parking space shall be provided within 30 feet of the edge of pavement of any access roadway.
(b) 
For office buildings, one off-street parking space shall be provided for each 200 square feet of gross floor area.
(c) 
For laboratories and research uses, at least one off-street parking space shall be provided for each employee and visitor on the maximum work shift provided at no time shall the use result in parking on a public street for any reason. The burden of proof for establishing and always providing an adequate amount of required off-street parking area shall be upon the original applicant for the building permit and certificate of occupancy and subsequent owner, occupier or user of the premises.
2. 
For townhouse developments, not more than six dwelling units shall be located in a single structure.
3. 
For garden apartment projects, not more than 16 dwelling units shall be located in a single structure, and there shall be a setback in the building facade of at least four feet for not over each eight units.
4. 
No apartment unit shall be located in a basement or cellar.
5. 
Separate exterior front entrances shall be provided to each townhouse and garden apartment unit. Individual rear entrances shall also be provided for every townhouse unit, but may be combined in garden apartments to serve more than a single unit provided that such rear entryway is not from a common foyer or hallway with a front entryway.
6. 
A resident superintendent shall be provided in any garden apartment development with more than 25 dwelling units.
7. 
For townhouse and garden apartment structures, the minimum distance between structures from front to front or end to end shall be 20 feet. The minimum distance front to side shall be 20 feet, and the front facade of a building shall not overlap the side wall of an adjoining building by more than eight feet. The nearest point of any individual townhouse or garden apartment structure shall be a minimum of 30 feet from edge of pavement of any access roadway. Interior courts shall be at least 30 feet wide, and shall be no longer than twice their width. Accessory garages shall be a minimum of 30 feet from the townhouse and apartment structures, unless located within such structures.
8. 
For townhouse developments and garden apartments at least 30 percent of the site area shall consist of landscaped open space exclusive of building area, parking areas, and access drives. At least ten percent of the site area (which may be included in the foregoing 30 percent) must be common open space developed for active or passive recreation of residents of the townhouse or garden apartment complex, including play areas, sitting areas, swimming pools, patios and the like.
9. 
Wherever a use permitted in the zone is on a lot which abuts a residence zone, or wherever a nonresidential use in this zone is on a lot which abuts an existing or potential residential use in this zone, a 20 foot wide landscaped buffer area shall be provided adjacent to the residence zone or residential use lot line in a manner approved by the approving authority. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes so as to form an effective visual screen.
10. 
Maximum height for townhouses and garden apartments shall be 40 feet and three stories, notwithstanding the definition of Garden Apartment in subsection 23-1.8a,44.
[Ord. No. 2016-18 § 2]
[Ord. #77-10; Ord. #89-2, S4; Ord. #89-4, SS7, 8; Ord. #90-23; Ord. #96-30, S1; Ord. #22-2005; Ord. #17-2008; Ord. #15-2010; Ord. #2011-1, S2; Ord. No. 2016-19; Ord. No. 2016-21 § 1]
a. 
Permitted Primary Uses.
1. 
Retail business establishments limited to the following:
(a) 
Hardware, paint, glass and wallpaper stores.
(b) 
Department stores and variety stores.
(c) 
Dry goods store.
(d) 
Retail bakeries, grocery stores and dairy stores and other similar food establishments.
(e) 
Apparel and accessories stores.
(f) 
Furniture, home furnishings and equipment stores.
(g) 
Radio, television, and music stores.
(h) 
Restaurants.
(i) 
Drugstores.
(j) 
Antique stores.
(k) 
Liquor stores.
(l) 
Book and stationery stores.
(m) 
Jewelry stores.
(n) 
Florist stores.
(o) 
Cigar stores and news dealers.
(p) 
Camera, photographic supply and art supply stores.
(q) 
Gift, novelty and souvenir stores.
(r) 
Sporting goods, bicycle and hobby stores.
(s) 
Optical goods stores.
(t) 
Luggage and leather goods stores.
(u) 
Take-out food establishments.
2. 
Personal service establishments limited to the following:
(a) 
Banks and fiduciary institutions.
(b) 
Credit agencies.
(c) 
Security and commodity brokers.
(d) 
Real estate and insurance offices.
(e) 
Holding and investment company offices.
(f) 
Laundry and dry cleaning stores.
(g) 
Photographic studios.
(h) 
Barber and beauty shops.
(i) 
Shoe repair shops.
(j) 
Garment pressing alteration and repair shops.
(k) 
Miscellaneous repair services other than automotive.
(l) 
Motion-picture theaters - except outdoor.
(m) 
Martial art studios, gymnastic schools, fitness centers, dance studios and schools, per-forming arts centers, art schools, and the like.
(n) 
Medical and health services, excluding veterinarian services.
(o) 
Legal services.
(p) 
Engineering and architectural services.
(q) 
Accounting and bookkeeping services.
(r) 
Business offices.
3. 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township council.
b. 
Permitted Secondary Uses.
1. 
Off-street parking facilities for the use of customers and employees.
2. 
Garage space for the storage of commercial vehicles used in conjunction with a permitted business provided, however, that any commercial vehicles stored and garaged on the premises shall be clearly incidental and subordinate to the business conducted thereon. By way of example, but not of limitation, a trucking or hauling business may not store its commercial vehicles on a lot with its business office in this zone.
3. 
Signs, in accordance with subsection 23-3.4C.
4. 
Apartments and offices shall be permitted on both the second and third floors of existing and new commercial structures, with all means of ingress and egress being separate and distinct from the principal use(s) on the first floor of said structures. There shall be no mixed uses (apartments and offices) on either the second or third floors of said structures.
5. 
Propane filling and exchange stations, used in conjunction with permitted uses as listed in subsection 23-3.11a,1(a),(b),(d),(f),(k), and (r), and 2(k) and c,2. All propane filling and exchange stations shall comply with standards listed in N.J.A.C. 5:18 and the NFPA, and must apply for and obtain an annual zoning permit as provided in subsection t.
[Ord. No. 2016-21 § 1]
c. 
Conditional Uses (subject to the conditions of Section 23-5).
1. 
Any conditional use as specified in subsection 23-3.5c.
2. 
Motor vehicle service establishments.
d. 
Other Provisions and Requirements.
1. 
Truck loading and unloading facilities shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street.
2. 
Wherever a use in this zone is on a lot which abuts a residence zone, a ten foot wide landscaped buffer area shall be provided adjacent to the residence zone boundary in a manner approved by the approving authority. Such buffer area shall be suitably planted and maintained with landscaping materials of such species and sizes so as to preclude any detrimental effect upon the adjacent residence zone.
3. 
Off-street parking space for the use of customers and employees shall be provided as follows (this required parking may be considered to be met by an adjoining public parking facility subject to the determination by the approving authority that there is sufficient available capacity).
(a) 
Retail business uses - one space for each 200 square feet of gross floor area.
(b) 
Personal and business service establishments - one space for each 200 square feet of gross floor area.
(c) 
Professional and business offices - one space for each 200 square feet of gross floor area.
(d) 
Restaurants - one space for each three seats plus one space for each two employees.
(e) 
Theaters and other similar places of public assembly - one space for each three persons of permitted occupancy.
(f) 
Apartments over commercial establishments - Off-street parking facilities shall be provided at the rate of one and one-half spaces for each apartment unit. All off-street parking spaces shall be located behind the front building line. Parking facilities required for the commercial use shall not be deemed to satisfy this requirement.
4. 
First floor facades of newly constructed buildings shall provide at least 75% transparency. Rear facades of newly constructed buildings shall provide at least 50% transparency. First flood ceiling elevation shall have a minimum of 15 feet of clear ceiling height.
[Ord. No. 2016-19]
[Ord. #77-10]
a. 
Permitted Primary Uses.
1. 
Any primary use enumerated in subsection 23-3.11 (B-2 Zone).
b. 
Permitted Secondary Uses.
1. 
Any secondary use enumerated in subsection 23-3.11 (B-2 Zone).
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Any conditional uses as specified in subsection 23-3.5, c.
2. 
Motor vehicle service establishments.
d. 
Other Provisions and Requirements.
1. 
Off-street parking space for the use of customers and employees shall be provided as specified in subsection 23-3.11, d, 3.
2. 
Wherever a use in this zone is on a lot which abuts a residence zone, a ten foot wide landscaped buffer area shall be provided to the residence zone boundary in a manner approved by the approving authority. Such buffer area shall be suitably planted and maintained with landscape material of such species and size so as to form an effective visual screen.
3. 
Each use located in this zone shall provide truck loading and unloading space on the same lot and in other than the required front yards so as to permit the transfer of goods in other than a public street.
a. 
Permitted Primary Uses.
1. 
Office buildings for professional, executive, engineering, or administrative purposes.
2. 
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory, research, design or experimentation conducted on said premises.
3. 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township council.
b. 
Permitted Secondary Uses.
1. 
Off-street parking space for the use of employees and visitors.
2. 
Private garages necessary to store vehicles on the premises.
3. 
Signs, in accordance with subsection 23-3.4C.
c. 
Conditional Uses (subject to the conditions of Section 23-5).
1. 
Public utility uses.
d. 
Other Provisions and Requirements.
1. 
For office buildings, one off-street parking space shall be provided for each 200 square feet of gross floor area.
2. 
For research laboratories, one off-street parking space shall be provided for each visitor and each employee on the maximum work shift provided that at no time shall the use result in parking on a public street for any reason. The burden of proof for establishing and always providing adequate amount of required off-street parking area shall be upon the original applicant for the building permit or any subsequent owner of the premises.
3. 
Parking areas may be located in any of the required yard areas other than the front yard provided they are not less than 20 feet from the boundary of a residential zone or street line.
4. 
Each use located in this zone shall set aside ten percent of the tract for seeding and landscaping, and use this area for no other purpose.
5. 
Wherever a use in this zone is on a lot which abuts a residence zone, a ten foot wide buffer area shall be provided adjacent to the zone boundary in a manner approved by the approving authority. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes so as to form an effective visual screen.
a. 
Permitted Primary Uses.
1. 
Office buildings for executive, engineering, and administrative purposes.
2. 
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to the laboratory research, design or experimentation conducted on the premises.
3. 
Any light manufacturing, processing, packaging or assembly use, research laboratory, or other similar industrial uses which can demonstrate the capability to maintain the following performance standards at all times in their operation.
(a) 
Any noise produced on the premises shall not be in excess of the standards listed below when measured at any property line of the lot on which the use is located.
Frequency
Band H2
Sound Pressure Level Decibels re 0.0002 dyne/cm2
20
75
69
75
150
54
150
300
47
300
600
41
600
1,200
37
1,200
2,400
34
2,400
4,800
31
4,800
10,000
28
(b) 
If the noise is not smooth and continuous but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by five percent.
(c) 
Any smoke emitted from any source on the premises shall not be of a density greater than that density described as No. 1 on the Ringlemann Chart, as published by the United States Bureau of Mines.
(d) 
No fly ash, dust fumes, vapors, gases or other forms of air pollution which can cause any damage to health, to animals or vegetation, or damage or soil to other forms of property shall be permitted.
(e) 
There shall be no emissions of odors in such quantities as to be offensive at lot boundary lines.
(f) 
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
(g) 
No machinery or operation shall be permitted which shall cause perceptible vibration discernible to the human sense of feeling at the property lines of the lot on which the site is located.
(h) 
No activity shall be maintained on the premises which may result in or cause hazard of fire, explosion, radiation, disease or other physical hazard to persons, plant growth, buildings or other property.
4. 
Contractor's storage yards and other such outdoor storage of equipment and vehicles provided that no such area is within the existing or required front yard area, whichever is smaller and is screened by fencing or landscaping from public view from a public street or from an adjacent residential zone. Any building constructed or used on the premises shall meet all applicable bulk requirements of this chapter.
5. 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township council.
b. 
Permitted Secondary Uses.
1. 
Signs, in accordance with subsection 23-3.4C.
2. 
Private garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
3. 
Off-street parking space for the use of employees and visitors.
c. 
Conditional Uses (Subject to the Conditions of Section 23-5).
1. 
Public utility uses.
2. 
Motor vehicle service establishments.
d. 
Other Provisions and Requirements.
1. 
One off-street parking space shall be provided for each visitor and each employee on the maximum work shift provided that at no time shall the use result in parking on a public street for any reason. The onus and burden of proof for establishing and always providing adequate amount of required off-street parking area shall be upon the original applicant for the building permit, or any subsequent owner of the premises.
2. 
Parking areas may be located in any of the required yard areas other than the front yard provided they are not less than 20 feet from the boundary of a residential zone or street line.
3. 
Each use located in this zone shall provide truck loading and unloading space on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street.
4. 
Each use established in this zone shall set aside ten percent of the tract for seeding and landscaping, and use this area for no other purpose.
5. 
Wherever a use in this zone is on a lot which abuts a residence zone, a 10 foot wide buffer area shall be provided adjacent to the residence zone boundary.
Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes, in a manner approved by the approving authority, as will preclude any detrimental effect upon the adjacent residence zone.
6. 
All industrial activities or processes shall take place within an enclosed building. Incidental storage of materials and equipment out of doors shall be shielded from any adjacent public streets or residential areas by fencing, landscaping or other appropriate measures and shall not be within the existing or required yard areas facing the street or streets.
7. 
The following uses or activities are specifically prohibited in this zone:
(a) 
Auction markets.
(b) 
Automobile wrecking yards, junkyards, or disassembly yards, or the sorting or baling of scrap metal, paper, rags or other scrap material.
(c) 
Gas (illuminating or heating) storage, except for consumption on premises.
(d) 
Incineration, reduction, storage or dumping of slaughter house refuse, rancid fats, garbage, trash, refuse, junk, dead animals or offal, except by the municipality or its agents.
(e) 
Outdoor sales of new or used motor vehicles or trailer coaches.
(f) 
Petroleum or its derivatives except when stored in underground tanks and not in excess of 40,000 gallons of fuel oil or 20,000 gallons of gasoline or kerosene.
(g) 
Residential dwelling units.
a. 
Permitted Primary Uses.
1. 
Any use permitted in subsection 23-3.14, a, 1, 2, 3.
b. 
Permitted Secondary Uses.
1. 
Any secondary uses enumerated in subsection 23-3.13, b.
c. 
Conditional Uses (subject to the conditions of Section 23-5).
1. 
Public utility uses.
d. 
Other Provisions and Requirements.
1. 
One off-street parking space shall be provided for each visitor and each employee on the maximum work shift provided that at no time shall the use result in parking on a public street for any reason. The onus and burden of proof for establishing and always providing an adequate amount of required off-street parking area shall be upon the original applicant for the building permit or any sub-sequent owner, occupier or user of the premises.
2. 
Parking areas may be located in any of the required yard areas provided they are not less than 50 feet from the boundary of any residential zone or a street line, and employee parking shall be behind the setback line.
3. 
Each use located in this zone shall provide truck loading and unloading space on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street.
4. 
Each use established in this zone shall set aside 20 percent of the tract for seeding and landscaping, and use this area for no other purpose.
5. 
Wherever a use in this zone is on a lot which abuts a residence zone, a 20 foot wide buffer area shall be provided adjacent to the residence zone boundary. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes, in a manner approved by the approving authority, as will preclude any detrimental effect upon the adjacent residence zone or adjacent residential property.
6. 
All industrial activities or processes shall take place within an enclosed building. Incidental storage of materials out of doors shall be shielded from any adjacent public streets or residential areas by fencing, landscaping or other appropriate measure.
7. 
The uses enumerated as prohibited uses in subsection 23-3.14,d,7 are hereby prohibited in this zone.
a. 
Permitted Primary Uses:
1. 
Senior Citizen Multifamily developments at a density not to exceed 16 dwelling units per acre, including recreation and parking facilities for the exclusive use of residents, their guests and employees.
2. 
Minimum gross floor area shall be 540 square feet per unit.
3. 
No dwelling unit shall be located in a basement or cellar.
4. 
The proposed use shall be located on an arterial, primary or secondary street as established by the Township master plan.
b. 
Other Provisions and Requirements:
1. 
Parking:
(a) 
A minimum 0.50 parking space shall be provided for each dwelling unit. Any site plan submitted for approval shall include an area or areas for any potential additional parking spaces so that the additional parking could be provided if required by the approving authority or if same becomes necessary when the proposed development is occupied.
2. 
All parking areas may be located in any of the required yard areas provided they are at least 40 feet from a property line or a street line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. Employee parking areas shall be behind the setback lines.
3. 
Landscape plantings shall be provided in sufficient quantity and locations to preclude the trans-mission of headlight glare or other lighting to adjacent properties and to screen the view of the parking area from a public street.
4. 
At least ten percent of the site shall consist of landscaped open space exclusive of building area, parking areas, and access drives shall be common open space developed for active or passive recreation use of the residents of the project, including sitting areas and the like.
5. 
A ten foot wide buffer area shall be provided adjacent to driveway entrance in a manner approved by the approving authority. Such buffer area shall be suitably planted and maintained with landscaped materials of such species and sizes so as to form an effective visual screen.
6. 
Truck loading and unloading facilities shall be provided on the property in other than the front yard in sufficient amount to permit the transfer of goods.
7. 
Two free-standing signs may be permitted, which may be illuminated by nonflashing light. Such signs shall not be located within ten feet of a street or property line nor in any such manner which would create a hazard. Such sign shall not exceed 24 square feet on either of two sides.
8. 
Signs. All signs denied a construction permit due to a violation of the zoning ordinance shall require the approval of the approving authority, it shall consider whether the proposed sign:
(a) 
Is reasonably necessary to locate the senior citizen complex located on or about to be located on the property in question.
(b) 
Is aesthetically compatible with the surrounding neighborhood.
(c) 
Is or may tend to be harmful to the peaceful and quiet enjoyment of the surrounding property owners.
(d) 
Is depreciating or may tend to depreciate the value of surrounding properties.
9. 
Limited retail sales for occupants, guests and employees shall be permitted. Total floor area shall not exceed 1,000 square feet.
c. 
Schedule of Lot, Yard and Building Regulations.
1. 
Minimum lot and yard dimensions:
(a)
Primary use:
Senior Citizen Multi- family dwellings
(b)
Area:
Minimum 7 acres
(c)
Width:
300 feet
(d)
Area:
Minimum 7 acres (corner lot)
(e)
Width:
300 feet (corner lot)
(f)
Front yard:
40 feet
(g)
Minimum side street corner lot:
50 feet
(h)
Side yard:
50 feet
(i)
Total both side yards:
100 feet
(j)
Rear yard:
50 feet
(k)
Maximum lot coverage:
30 percent
(l)
Maximum number of stories:
4
The areas of public facilities, which are of a permanent nature, including all administrative, educational, service and recreational lands in the Township of Scotch Plains.
The restrictions and controls imposed on public buildings and schools in the R-1 Residence Zone shall apply. However, in the event of any of such lands being abandoned with respect to their use, and any such land in which public use shall have ceased, then prior to the transfer of such lands from the public body to a private owner and upon proper application to the approving authority of the Township by the public body owning said lands, the approving authority of the Township shall thereafter recommend to the Scotch Plains Township council the appropriate zoning classification that would be in the best interest of the Township and without detriment to the zoning plan and ordinance and, upon receipt of the recommendation from the approving authority, the Scotch Plains Township council shall by ordinance, after public hearing, taking into account said recommendation, arrive at a determination establishing the zoning classification for said lands.
The C-Conservation Zone is established to provide for the designation and recognition of certain parcels of land that, by reason of their natural condition or environmental features, are best left in their natural state as permanent open space for the enjoyment and benefit of all citizens. All lots so designated shall either be owned or under the control of the Township of Scotch Plains, or an authorized agency thereof, and shall be left in their natural condition and shall remain undeveloped. Nothing herein shall prevent the Township or an authorized agency thereof, nor shall it prevent the Township or an authorized agency thereof from periodically inspecting any lot so designated, nor performing any necessary maintenance related to public safety, including but not limited to, the clearing of any drainage way, easements or the removal of debris or any part of said property for the use of public purpose in order to create or correct health or safety hazards and/or create and/or construct for the public good, safety, and welfare.
a. 
Permitted Uses:
1. 
Principal Uses:
(a) 
Multifamily (garden apartment) dwellings.
(b) 
Attached single-family (townhouse) dwellings.
2. 
Accessory Uses and Structures:
(a) 
Garages and off-street parking facilities.
(b) 
Storage and maintenance buildings.
(c) 
Customary accessory structures approved as part of the site plan for the development, including fences, walls, lampposts, trellises and the like.
(d) 
Signs.
3. 
Additional Principal and Secondary Uses for ML-2 Zone (Donato) (Lot 3, Block 4901 only)
(a) 
Buildings for business offices and professional offices, as specifically defined in subsection 23-1.8(a)(14) and (a)(89) and including standards in accordance with the standards for said business office and professional office uses only as set forth in the B-4 Office Zone, and that it is the specific intent that all other uses permitted in the aforementioned B-4 Office Zone are not permitted uses on this parcel.
(b) 
Off-street parking facilities in conjunction with a permitted office use, subject to the following:
(1) 
For office building: one space for each 200 feet of gross floor area.
(2) 
Each use located in this zone shall set aside ten percent of the tract for seeding and landscaping and use this area for no other purpose.
(3) 
Subsection 23-2.3, Regulations Applicable to All Zones, shall apply to this use.
b. 
Density and Bulk Requirements:
1. 
Density. Density shall be in accordance with the following schedule to produce the number of low/moderate units set forth:
Site
Acres
Density
Low/ Moderate Units
Donato Site (Block 4901, Lot 3)
7.71*
16 units per acre
16
Bowcraft Site (Block 4802, Lots 9,10,11)
13*
16 units per acre
42
*The size of each parcel is an estimated size, not to be relied upon. The three sites are inclusionary sites, and pursuant to the rules and regulations of the Council on Affordable Housing, shall provide sufficient set-aside so as to yield the number of low and moderate housing units indicated above.
2. 
Bulk Requirements.
(a) 
There shall be the following minimum distances between buildings:
Windowless wall to windowless wall
20 feet
Window wall to windowless wall
20 feet
Front to front:
Building height of up to 30 feet
50 feet
Building height of up to 30 feet or more
75 feet
Rear to rear
50 feet
End to end
30 feet
Any building face to local street curbface or edge of pavement
40 feet
Any building face collector street curbface or edge of pavement
40 feet
Any building face to arterial street curbface or edge of pavement
50 feet
Any building face except garage face to common parking area
12 feet
Garage face to common parking area
5 feet
The Planning Board shall permit the above distances to be reduced by not more than one-third if there is an angle of 20 degrees or more between buildings and if extensive landscaping or buffers are placed between buildings.
(b) 
Coverage: The maximum coverage by buildings shall not exceed 25 percent. The maximum coverage by all impervious surfaces, including buildings, shall not exceed 50 percent.
(c) 
Buffer areas: No building, driveway or parking area shall be located within 20 feet of any property boundary line abutting a single-family residential use or a single-family residential zone.
(d) 
Building height: No building shall contain more than three stories, nor shall any building exceed 52 feet in height, except that buildings erected on slopes may have an additional story on the down slope, and an overall building height not to exceed 62 feet (Bowcraft Site Only — Block 4802, Lots 9, 10, 11 & 12).
[Ord. No. 2017-9]
(e) 
Minimum floor area for individual dwelling units:
1 bedroom
550 square feet
2 bedroom
660 square feet
3 bedroom
850 square feet
c. 
Parking Requirements:
1. 
Parking shall be provided for all residential uses as follows:
Dwelling units with one bedroom or fewer:
1.5 spaces
All other dwelling units:
2.0 spaces
2. 
Parking spaces in common parking areas shall be located within 150 feet of the dwelling unit served.
3. 
All required parking shall be provided off-street, except that nothing herein shall be construed to prohibit required parking spaces from being placed perpendicular to a one or two-way local street, or at an angle on a one-way local street, provided that both the pavement width of the street and the length of each parking space meet the requirements set forth in this subsection.
4. 
No arterial or collector street shall provide direct access to an individual required parking space.
d. 
1. 
Pavement Width and Specifications
Streets
Public - Same as required for R-1, R-2, R-3 and R-3A Zones, specifically enumerated in subsection 22-6.2 paragraphs a and b.
Private - Same as required in subsection 21-6.1b and subsection 23-2.3e.
2. 
Landscaping.
Buffer - Same as required in subsection 23-3.9d, 13.
Street Trees - Shade trees in parking lots as required in subsection 21-6.1b, paragraphs 7 and 8.
3. 
R.O.W. Width (if public). 50 feet
4. 
Stormwater Detention. As enumerated in Chapter 16 of the Township Ordinance.
5. 
Utilities/Solid Waste Removal. Same as contained in the following subsections:
22-6.3
Storm drains, sanitary sewage and utilities
22-6.5
Streetlighting
22-6.10
Electric and telephone utilities
21-5.1a, 21
Site lighting
21-5.1a, 34
Garbage and recycling
a. 
Purpose. The purpose of establishing affordable housing zone districts is to indicate suitable locations within the Township for development of low and moderate-income housing uses, either as subsidized projects or as part of inclusionary developments. This zone district will provide realistic opportunities for the construction of low and moderate-income housing to implement the Township Housing Element and Fair Share Plan, which has received substantive certification by the N.J. Council on Affordable Housing (COAH). All development shall further comply with the rules and regulations of the Scotch Plains Afford-able Housing Agency and the regulations of the N.J. Council on Affordable Housing (N.J.A.C. 5:91 and 5:93 et seq.) and any other rules and regulations which may be applicable thereto.
b. 
Definitions.
1. 
LOW-INCOME HOUSING - Shall mean housing afford-able according to Federal Department of Housing and Urban Development or the standards included in COAH regulations for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the Township is located and is subject to affordability controls promulgated by COAH.
2. 
MODERATE-INCOME HOUSING - Shall mean housing affordable according to Federal Department of Housing and Urban Development or the standards included in COAH regulations for home owner-ship and rental costs, occupied or reserved for occupancy by households with a gross household income equal to or more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the Township is located and is subject to affordability controls promulgated by COAH.
3. 
SENIOR CITIZEN - Shall mean the head of a household who is 62 years of age or older.
4. 
ALL TERMS USED BUT NOT OTHERWISE DEFINED HEREIN - Shall be defined as set forth in COAH rules and regulations.
5. 
TOWNHOUSE - Shall mean a structure or dwelling unit in a structure, containing three or more dwelling units, arranged side by side, in clusters or above or below another dwelling unit.
c. 
Affirmative Marketing. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Scotch Plains is in the housing region consisting of Essex, Morris, Union and Warren Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
1. 
All newspaper articles, announcements and requests for applications for low and moderate-income units will appear in the following daily regional newspapers/publications. (One major newspaper is sufficient as long as the combined outreach efforts attract sufficient applicants.)
Courier News
Star Ledger
2. 
The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.
3. 
The advertisement will include a description of the:
(a) 
Street address of units;
(b) 
Direction to housing units;
(c) 
Number of bedrooms per unit;
(d) 
Range of prices/rents;
(e) 
Size of units;
(f) 
Income information; and
(g) 
Location of applications, including business hours and where/how applications may be obtained.
4. 
All newspaper articles, announcements and re-quests for applications for low and moderate in-come housing will appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters with-in the region:
Scotch Plains Times
Scotch Plains Fanwood Press
5. 
The following regional radio and/or cable television station(s) will be used:
Comcast Cable or any other cable company which may be granted a franchise by this Township from time to time.
6. 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region:
Scotch Plains Township Administrative Building
Scotch Plains Township Library
Developer's Sales Office
Major Employers in the Region (for example, Lucent Technologies, Union County Court- house, Chubb Insurance)
7. 
The following is a listing of community contact person(s) and/or organization(s) in Essex, Morris, Union and Warren Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
Essex County Division of Aging
Essex County Division of Community Development
Morris County Department of Human Services
Warren County Department of Human Services
Union County Department of Human Services
Urban Womens Center of Plainfield
Scotch Plains Senior Citizen Housing Corporation
Westfield Senior Citizen Housing Corporation
Union County Division of Aging
United Way of Union County
United Way of Summit
United Way of New Providence
United Fund of Westfield
All local public housing authorities, Union County
8. 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:
Board of Realtors in Essex, Morris, Union and Warren counties.
Applications will be mailed to prospective applicants upon request.
9. 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Essex, Morris, Union and Warren:
Rental assistance office (Local office of DCA)
Office on aging
Welfare or social service board
Welfare or social service board
Housing agency board
Library
Area community action agencies
10. 
A random selection method is used to select occupants of low and moderate-income housing. AHMS maintains listing of pre-qualified income eligible households and randomly selects prospective applicants as housing units become available.
11. 
The New Jersey Department of Community Affairs Affordable Housing Management Service ("AHMS") is the agency under contract with Scotch Plains Township to administer the affirmative marketing program. AHMS has the responsibility to income qualify low and moderate-income households; to place income eligible households in low and moderate-income units upon initial occupancy; to provide for the initial occupancy of low and moderate-income units with income qualified households; to continue to qualify households for re-occupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township manager within Scotch Plains Township is the designated housing officer to act as liaison to AHMS. AHMS will provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
12. 
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Scotch Plains Township intends to comply with N.J.A.C. 5:93-11.7.
13. 
All developers of low and moderate income housing units will be required to assist in the marketing of the affordable units in their respective developments and comply with the provisions of this subsection.
14. 
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or re-occupancy of units continues to be necessary.
15. 
AHMS will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
d. 
Establishing Rents and Prices of Units.
1. 
The following criteria, in conjunction with realistic market information, shall be used in determining maximum rents and sale prices:
(a) 
Efficiency units shall be affordable to one person households;
(b) 
One bedroom units shall be affordable to 1.5 person households;
(c) 
Two bedroom units shall be affordable to three person households; and
(d) 
Three bedroom units shall be affordable to 4.5 person households.
2. 
Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the households within the county. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households in each housing region. This quotient represents the regional weighted average of median income for a household of four. This regional weighted average is adjusted by household size based on multipliers used by HUD to adjust median income by household size. The maximum average rent and price of low and moderate-income units with-in each inclusionary development shall be afford-able to households earning 57.5 percent of median income. Moderate income sales units must be available for at least three different prices and low income sales units to be available for at least two different prices.
3. 
In averaging 57.5 percent under paragraph d, 2 above, developers and/or municipal sponsors of rental units may establish one rent for a low-income unit and one rent for moderate-income unit for each bedroom distribution.
4. 
Low and moderate-income units must utilize the same heating source as market units within the inclusionary development.
5. 
The initial price of a low and moderate income owner-occupied single family housing unit must be established so that after a down payment of five percent, the monthly principal, interest, home-owner and private mortgage insurance, property taxes (property taxes shall be based on the restricted value of low and moderate-income units) and condominium or homeowner fees do not exceed 28 percent of the eligible gross monthly income. Master deeds of inclusionary developments must regulate condominium or homeowner associate fees or special assessments of low and moderate income purchasers at a specific percentage of those paid by market purchasers. The percentage that shall be paid by low and moderate income purchasers shall be at least one-third of the condominium or homeowner association fees paid by market purchasers. Once established within the master deed, the percentage shall not be amended without prior approval from COAH.
6. 
Gross rents, including an allowance for tenant-paid utilities, must be established so as not to exceed 30 percent of the gross monthly income of the appropriate household size referenced in paragraph d, 1 above. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by HUD for use in New Jersey.
7. 
Low-income housing units shall be reserved for households with a gross household income less than or equal to 50 percent of the median income approved by COAH. Moderate-income housing units shall be reserved for households with a gross household income less than 80 percent of the median income approved by COAH. For example, a household earning 48 percent of median income may be placed in any low-income unit; however, a household earning 53 percent may not qualify for a low-income unit. A household earning 67 percent of median may be placed in any moderate-income housing unit. A household earning less than 50 percent of median may be placed in a moderate-income housing unit. Low and moderate income units shall not be offered to households that are not income eligible without COAH approval pursuant to N.J.A.C. 5:93-9.16.
8. 
Government subsidies may be used at the discretion of the applicant to fulfill the requirements of this subsection. The lack of said subsidies shall in no way alter or diminish the lower income requirements of this subsection.
e. 
Length of Affordability Controls.
1. 
All low and moderate-income housing units shall remain affordable to low and moderate-income households for a period of not less than 30 years.
2. 
All conveyances of low and moderate income sales units shall contain the deed restriction and mortgage lien required by COAH, as well as other legal mechanisms which shall be approved by the Township Attorney and shall, in his/her opinion, ensure that such housing will remain affordable for the required period of not less than 30 years.
3. 
The owner of all low and moderate income rental units shall provide legal documentation, by deed restriction and otherwise, to be approved by the Township Attorney, to ensure that such rental units, whether rented, assigned or sublet, shall remain affordable for the required period of not less than 30 years.
4. 
Administrative Mechanism. The Township shall contract with AHMS, so that the latter shall be responsible for assuring that low and moderate-income housing units, both for sale and rental, remain affordable to low and moderate-income households.
5. 
The price of owner-occupied housing units and the rents of low and moderate-income housing units may be increased annually as set forth in COAH rules and regulations.
f. 
Phasing Schedule. Within inclusionary developments, low and moderate-income housing units shall be built in accordance with the following schedule:
Minimum Percentage of Low and Moderate Income Units Completed
Percentage of Market Housing Units Complete
0
25
10
25 + 1 unit
50
50
75
75
100
90
g. 
Occupancy Policy.
1. 
Occupancy policy for low and moderate-income units in inclusionary developments shall have the objective of effective utilization of space without overcrowding, or providing more space than is needed; by the number of people in the household.
2. 
Generally, households will be referred to available units using the following standards for occupancy:
(a) 
A maximum of two persons per bedroom;
(b) 
Children of the same sex in bedroom;
(c) 
Unrelated adults or person of the opposite sex other than husband and wife in separate bedrooms; and
(d) 
Children not in same bedroom with parents.
Households may be considered for units other than as above, but in no case shall a household be referred to a unit that provides for more than one additional bedroom per household occupancy standards as stated above.
3. 
A change in family size after occupancy will not be a violation of this policy unless the same is in violation of applicable State law.
h. 
Bedroom Distribution.
1. 
Inclusionary developments that are not restricted to senior citizens shall be structured in conjunction with realistic market demands so that:
(a) 
The combination of efficiency and one bed-room units is at least ten percent and no greater than 20 percent of the total low and moderate-income units;
(b) 
At least 30 percent of all low and moderate-income units are two bedroom units; and
(c) 
At least 20 percent of all low and moderate-income units are three bedroom units; and
2. 
Low and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bed-rooms shall equal the number of senior citizen low and moderate-income units within the inclusionary development. The standard can be met by creating all one bedroom units or by creating a two bedroom unit for each efficiency unit. Applications to waive this standard shall be made in accordance with N.J.A.C. 5:93-15 and shall be referred by COAH to the DCA Division on Aging for review and recommendations.
i. 
Distribution of Low and Moderate Income Units.
1. 
With the exception of inclusionary developments constructed pursuant to the four percent low income tax credit regulations pursuant to the Internal Revenue Code Section 42(b)4, at least half of all affordable housing units within each inclusionary development shall be affordable to low-income households.
2. 
With the exception of inclusionary developments constructed pursuant to the four percent low income tax credit regulations pursuant to the Internal Revenue Code Section 42(b)4, at least half of all affordable rental units shall be affordable to low-income households.
3. 
With the exception of inclusionary developments constructed pursuant to the four percent low income tax credit regulations pursuant to the Internal Revenue Code Section 42(b)4, at least one-third of all affordable units in each bedroom distribution (pursuant to N.J.A.C. 5:93-7.3) shall be affordable to low-income households.
j. 
Aesthetics. Low and moderate-income housing units shall be designed and constructed in such a manner that they are in substantial visual and aesthetic conformance with and complementary to other housing units in the developer's project.
k. 
Enforcement - Applicability.
1. 
In the event, in addition to any other remedies provided by law, a developer fails to construct and sell or rent its required low and moderate-income housing in accordance with the provision of its final development approval and this subsection, it shall be subject to a revocation of its development permit, cessation of issuances of certificates of occupancy until the development is brought into compliance, and/or be subject to the penalties contained in Chapter 16, Section 16-23.
2. 
Developers seeking final approval for projects containing low and moderate-income units shall certify that information and date contained on all subdivision and/or site plan review application forms is true and complete, and if not true and complete, the developer shall be subject to criminal prosecution under N.J.S.A. 2C:28-2 and also that the Township, at its option, may declare all subsequent approvals associated with the subject project or development, void and unenforceable.
3. 
Developers seeking final approval hereunder for projects containing low and moderate-income housing units shall provide a declaration of covenants and restrictions in a form acceptable to the Township Attorney including, but not limited to, provisions to assure that the sale or rental of housing units is in accordance with the COAH regulations, the requirements of this subsection and applicable sections of the Township's Land Development Ordinance dealing with such housing.
l. 
COAH. In the event that any article, section, subsection, sentence, clause or phrase of this subsection is not in accordance with COAH rules and regulations in effect at the time of the final passage of this subsection, or as subsequently amended, the COAH rules and regulations shall supersede this subsection and take precedence.
[Ord. No. 77-10; Ord. No. 89-2; Ord. No. 89-3; Ord. No. 96-09; Ord. No. 8-2003]
[Ord. #77-10; Ord. #89-2, S4; Ord. No. 2016-20 § 1]
a. 
The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, flagpoles and domes not used for human occupancy.
[Ord. No. 2016-20 § 1]
b. 
Chimneys, ventilators, skylights, water tanks, tele-vision and radio antenna and similar features, and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitations of this chapter by not more than 15 feet provided not more than 30 percent of the roof area is occupied by such equipment, if such equipment is construed as a secondary structure, apart from the primary structure, the height restrictions of this chapter shall apply.
All roof structures and/or HVAC related equipment, except chimneys and antennas (but not microwave satellite dishes) shall be screened from view by means of a parapet designed as an integral part of the main building, or by another means reviewed and approved by the approving authority as part of site plan review and approval.
c. 
The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches, and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet.
[Ord. #77-10; Ord. #90-23; Ord. #91-24; Ord. #4-03; Ord. #17-2008; Ord. #5-2010, SIII; Ord. No. 2016-20 § 2]
a. 
Front Yards. In such cases in residential zones where the frontage on the same side of the street within 500 feet is 50 percent or more developed, then the required front yard area for a new structure shall be modified to the average for such existing development, or as otherwise recommended by the Zoning Officer. Otherwise, the requirements of subsection 23-3.4A and 23-3.4B shall apply.
b. 
Side Yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of subsection 23-4.1 combined total side yard requirements, as specified in column 9 of subsections 23-3.4A and 23-3.4B shall be reduced by six inches for each foot by which a lot is less than the minimum requirements specified in Column 4 or 6 of subsection 23-3.4A and in Column 5 of subsection 23-3.4B for the zone in which located. In any case, the side yard area for either side yard shall not be reduced to less than 50 percent of the requirement of Column 8 of subsections 23-3.4A and 23-3.4B.
c. 
Porches, Stoops, Fireboxes, Chimneys, Ramps. Porches, stoops, fireboxes, chimneys, HVAC equipment and the like shall be exempt from the front, side, and rear requirements as outlined in subsection 23-3.4A, Schedule of Lot, Yard, and Building Regulations as long as they do not exceed 48 inches from the foundation of the main structures.
Steps shall be exempt from all of the lot, yard, and building regulations as they may be necessary to carry out the passage of ingress and egress.
Porches shall be a three-sided open-air roofed structure without the use of windows, screens, or curtains; and shall be constructed in accordance with the latest edition of the Building Code.
Porches shall be permitted to extend 96 inches from the face of the existing front setback as outlined in subsection 23-3.4A, paragraphs A, B, C, G, and H, as long as the setback conforms to the above referenced subsection or as the average setback applies. This subsection applies to residential structures only.
Ramps and mechanical appliances for the physically impaired, aged, and handicapped shall be exempt from all of the lot, yard, and building regulations as they may be necessary to carry out the passage of ingress and egress. Sites, facilities, buildings and elements may be made accessible to and usable by people with such physical disabilities as the inability to walk, difficulty walking, reliance on walking aids, blindness and visual impairment, deafness and hearing impairment, in coordination, reaching and manipulation disabilities, lack of stamina, difficulty interpreting and reacting to sensory information, and extremes of physical size. The intent of these sections is to allow a person with a physical disability to independently get to, enter, and use a site, facility, building, or element as it may be necessary to carry out the passage of ingress and egress.
a. 
It is recognized that, in accordance with the purposes of the Land Development Ordinance of the Township of Scotch Plains and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) may be necessary and appropriate to permit activities for a limited period of time, under very specific conditions, which activities may be prohibited by other provisions of the aforesaid Ordinance, if such uses are of such a nature and are so located that, at the time of application, they would:
1. 
Not exert a substantially detrimental effect upon the uses of land and activities normally permitted in the zone district in which the activity is proposed;
2. 
Contribute materially to the good and welfare of the Township or its residents; and
3. 
Be temporary in nature and not substantially undermine the Township's Master Plan and/or Land Development Ordinance.
b. 
The provisions of this temporary operating permit subsection shall apply only to temporary operating uses not customary or incidental to single-family dwellings within single-family residential zone districts in the Township. Under no circumstances shall the zoning board of adjustment of the Township of Scotch Plains (herein "board") have the power to grant temporary operating permits (herein "TOP") except for the following limited uses, if not located within a single family residential zone district (provided the criteria set forth in paragraph a above have been met to the satisfaction of the Board):
1. 
Christmas tree and Christmas wreath sales; and
2. 
Signs in conjunction with the sale of Christmas trees and/or Christmas wreaths only.
c. 
The Board, if it finds the criteria set forth in paragraph a above to have been satisfied, may grant a temporary operating permit for such activity, and no other application or action shall be required of the applicant in receipt of such temporary operating permit. The Board may refer such temporary operating permit request to any agency, department or board prior to its decision for comment, but the Board shall not be bound by the same. The Board shall limit the time period for which the initial temporary operating permit shall be valid to a maximum period of 12 consecutive months from approval by the Board and shall impose any conditions upon the temporary operating permit which it deems appropriate.
d. 
The Township's construction code official/Zoning Officer or board secretary shall have the authority to require the applicant for a temporary operating permit to give notice of the application to the owners of all real property, as shown on the current tax duplicate, within 200 feet in all directions of the property which is the subject of such application. The notice shall contain a designation of the property which is the subject of the application by lot and block and street address and shall contain a description of what use the applicant is requesting and also at what meeting the application will be heard (address, date and time of meeting) and that the recipient of the notice shall have the right to be heard relative to the application. Notice shall be given in accordance with the notice procedures set forth in N.J.S.A. 40:55D-12.
e. 
The applicant for a temporary operating permit shall pay to the Township, at the time the application is filed, a one hundred ($100.00) dollar fee to cover administrative expenses, the same being nonrefundable. In addition to the said fee either the construction code official/Zoning Officer or the Board secretary shall have the authority to require an escrow account of up to $500 to be established for the purpose of covering the costs of professional services including engineering, planning, legal and other expenses connected with the review of the application. The escrow will be held and administered in accordance with the provisions of subsection 19-3.4 of the Scotch Plains Land Development Ordinance and the Municipal Land Use Law. If neither the construction code official nor the Board secretary shall require the applicant to post an escrow account fee, the Board, nonetheless, reserves the right to require the applicant for a temporary operating permit to post such escrow account fee.
f. 
In the event that an applicant for a temporary operating permit requests such permit for an activity for which a permit has been granted for the year subsequent to the year first granted, the Board shall have the right to review such permit for up to (but not in excess of) three years. The Board may grant successive renewal permits for up to three years thereafter. The Board may grant the renewal permit in its sound discretion only if (i) no valid complaints were received in writing since the issuance of either the original or subsequently renewed and approved temporary operating permit, and (ii) there are no significant changes from either the original or subsequently renewed and approved temporary operating permit. All conditions imposed by either the original or subsequently renewed and approved temporary operating permit shall continue in effect in the renewal permit, and the Board may impose new conditions if it deems such new conditions necessary, or if such new conditions are deemed necessary by other Township officials.
g. 
Notwithstanding the foregoing, wherever, in the judgment of the Building Inspector, a catastrophe such as fire, flood, tornado, or other similar disaster occurs, which causes a residential structure to become unfit for human habitation, the Building Inspector shall have the power and right to issue a temporary operating permit so that a house trailer may be placed on the land for a period not to exceed 12 months from the date of its issuance. Any extension beyond said 12 month period shall require board approval in accordance with the procedures outlined above.
[Ord. No. 77-10; New; Ord. No. 81-6; Ord. No. 82-3; Ord. No. 89-3; Ord. No. 89-4; Ord. No. 96-15; Ord. No. 96-30; Ord. No. 22-2005; Ord. No. 2011-3]
a. 
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township, and at the same time, recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable Statutes, the approving authority shall have original jurisdiction for the granting of a conditional use under the terms and conditions established by this chapter, under the following stipulations and guiding principles:
1. 
The use for which application is being made is specifically authorized as a conditional use in Section 23-3.
2. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a) 
Character of the neighborhood.
(b) 
Conservation of property values.
(c) 
Health and safety of residents, and workers on adjacent properties and in the surrounding neighborhood.
(d) 
Potential congestion of vehicle traffic or creation of undue hazard.
(e) 
Stated principles and objectives of this chapter and the master plan of the Township.
b. 
In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in subsection 23-5.2 and to such additional conditions and safeguards as in the opinion of the approving authority will implement the intent and objectives of the section and chapter.
a. 
Public utility uses, such as water filtration plants, sewerage disposal plants, pumping stations, high voltage transmission lines and towers, electric substations, telephone exchanges and repeater stations, but no service or storage yards, subject to the following:
1. 
Proof is furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and that the satisfactory and convenient provisions of service to the neighborhood or area in which the facility is to be located.
2. 
The design of any building or structure required for such use conforms to the general character of the area in which it is located.
3. 
Adequate fencing and landscaping will be provided, maintained and replaced as required.
4. 
The lot on which located is sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility without any of the structural portions of the use or parking facilities being closer than 25 feet to adjacent properties.
b. 
Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract subject to the following:
1. 
In addition to the material required for the application as specified in subsection 23-5.3, the application shall be accompanied by the existing or proposed charter and by-laws of the organization and such other material to guarantee to the satisfaction of the approving authority the following:
(a) 
The organization is, or will be, a bona-fide nonprofit religious group organized purely for the benefit of its membership, and such other activities normally carried on by religious groups.
(b) 
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that the premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
2. 
The area of the lot on which the proposed use is to be located shall have a minimum area of three acres and a minimum width of 150 feet.
3. 
The coverage of the lot by structures will not exceed 20 percent.
4. 
No building will be located within 60 feet of a street line nor within 50 feet of a side or rear property line.
5. 
Off-street parking space shall be provided at a rate of one space for each six seats in the church building and one for each four seats in any other form of meeting room space.
Such parking space shall not be located within the front yard area nor within 30 feet of a property line and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity and locations to preclude the transmission of headlight glare or other lighting to adjacent properties and to preclude view of the parking area from a public street.
6. 
One sign may be permitted, which may be illuminated by non-flashing light. Such signs shall not be located within ten feet of a street or property line nor in any manner which would create a hazard. Such sign shall not exceed ten square feet on either of two sides.
c. 
Public schools and private schools and institutions of higher learning operated by charitable, religious or eleemosynary organizations, which are not conducted as a business, subject to the following:
1. 
The site area is five acres plus one additional acre for every 100 pupils or portion thereof of maximum capacity.
2. 
The lot coverage does not exceed 15 percent.
3. 
No structure is located within 100 feet of a street or property line.
4. 
Sufficient off-street parking space shall be provided to insure that the use will not cause parking in a public street during the course of normal educational programs.
5. 
Martial arts studios, gymnastic schools, fitness centers, dance studios, performing arts centers, art schools and the like, shall be deemed not to be included in this section as a conditional use.
6. 
Special-needs schools, as defined in this chapter, shall be deemed not to be included in this paragraph as a conditional use, but rather as a conditional use in another paragraph (paragraph d below) subject to separate and distinct standards.
d. 
Special-needs schools, as defined in this chapter, and located within the B-1 District only, subject to the following:
1. 
The site area is one acre plus one additional acre for every 100 pupils or portion thereof of maximum student enrollment.
2. 
The building coverage does not exceed 30 percent.
3. 
The building setbacks to conform to the requirements of the B-1 Zone.
4. 
Sufficient off-street parking space shall be provided to insure that the use will not cause parking in a public street during the course of normal educational programs.
5. 
Martial arts studios, gymnastic schools, fitness centers, dance studios, performing arts centers, art schools and the like, shall be deemed not to be included in this section as a conditional use.
6. 
Public schools and private, parochial, and charitable educational institutions and the like, that are not approved by the State of New Jersey Department of Education exclusively for children with disabilities, shall be deemed not to be included in this section as a conditional use.
7. 
Wherever this use abuts a residence zone, a 15 foot wide buffer area, as defined in this chapter, shall be provided adjacent to the residence zone boundary or adjacent to any residential property or use. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes, in a manner approved by the approving authority, as will preclude any detrimental effect upon the adjacent residence zone or adjacent residential property or use.
8. 
The special needs school is the principal use on the subject property.
e. 
Motor Vehicle Service Establishments, subject to the following:
1. 
A minimum lot area of 15,000 square feet shall be provided together with a minimum lot width of 100 feet. In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirements.
2. 
Such lot shall be located within the following limitations:
(a) 
Not closer than 1,000 feet to a public or private school, hospital, church, library, or other similar place of public assembly.
(b) 
No closer than 100 feet from the intersection of any two streets designated as arterial, primary or secondary on the Township master plan.
3. 
Yard requirements, which are applicable to all pumps, mechanical equipment and other appliances in addition to the main structure are as follows:
(a) 
Front, side and rear yard areas - 25 feet.
(b) 
Maximum lot coverage - 20 percent.
(c) 
Maximum building height - one story.
4. 
All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid shall be installed underground at sufficient depth to insure against hazard of fire or explosion.
5. 
Parking facilities shall be maintained as follows:
(a) 
Two square feet of space for each square foot of floor area in the primary building.
(b) 
Where such parking areas abut a residential zone, or adjacent residential property, they shall be screened by a buffer area not less than ten feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the Planning Board will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a mini-mum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(c) 
Driveways to parking area shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 12 feet nor more than 25 feet in width.
(d) 
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
6. 
Signs erected in conjunction with the use shall be limited as follows:
(a) 
One free-standing identification sign which does not exceed 40 square feet on any one side nor 20 feet in height. Such sign may be illuminated but illumination shall be from within and be non-flashing. Such signs may be located in the front yard area but shall not be closer than ten feet to a street line.
(b) 
Two signs may be mounted on the front facade of the building provided that the total area of such signs does not exceed 20 percent of the area of the front facade including window and door area.
(c) 
Temporary signs advertising sales, premiums and other such temporary activities may be mounted on the window or door surfaces of the structures provided that the total of such signs at any one time does not exceed 20 square feet.
(d) 
The commercial use of flags or the use of windmills, banners, flashing or animated signs is prohibited, other than for a period of seven days from the date of opening of a new establishment.
7. 
Accessory goods for sale may be displayed out-of-doors on the pump island end and the building island only and shall be stored in a suitable rack or container.
f. 
Buildings operated by chartered membership organizations for the benefit of the public and not for profit may be permitted in R-1, R-2, R-3, R-3A, B-1, B-1A, B-2, and B-3 Zones subject to the following:
1. 
In addition to the material required for the application as specified in subsection 23-5.3, the application shall be accompanied by the existing or proposed certificate of incorporation and by-laws of the existing organization. Such material shall guarantee to the satisfaction of the Planning Board, the following:
(a) 
The organization is, or will be, a bona-fide nonprofit group organized solely for the benefit and enjoyment of its members who shall be primarily residents of Scotch Plains and the surrounding communities.
(b) 
The use will not involve the sale or consumption of liquor or alcoholic beverages in any form unless the approving authority specifically finds that such sales or consumption will not be detrimental to the character of the area and the safety and welfare of the public.
(c) 
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1) 
The sale of products or materials will be allowed where its purpose is to finance the activities of the organization, or
(2) 
That the premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
The maximum membership and guest limit of the organization is fixed at a level which is commensurate with the scale of facilities to be provided. Overnight accommodations shall not be provided.
(d) 
The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
(e) 
All activities of the organization will be carried on within an enclosed building.
2. 
The proposed use is located on an arterial, primary or secondary street as established by the Township master plan.
3. 
The area and width of the lot on which the use is proposed shall have the following minimum sizes:
R-1 and R-2 Zones: Five acres and 400 feet wide, R-3, R-3A, B-1, B-1A, B-2 and B-3 Zones: Three acres and 100 feet wide.
4. 
The coverage of the lot by structures will not exceed 20 percent.
5. 
No building will be located within the following distances of any property or street line:
R-1 and R-2 Zones: 60 feet, R-3, R-3A, B-1, B-1A, B-2 and B-3 Zones: 50 feet.
6. 
Off-street parking space shall be provided at a rate of one parking space for each four memberships over the age of 17. Such parking space shall not be located within 30 feet of a property or street line and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, at least four feet high landscape plantings shall be provided in sufficient quantity and locations and maintained and replaced as required to preclude the transmission of headlight glare or other lighting to adjacent property.
g. 
(Reserved)
h. 
(Reserved)
a. 
Any person seeking a permit for any conditional use shall first make application to the approving authority under the procedures specified in Chapter 19 of this code. The submission shall also comply with the requirements of Chapter 21 of this code.
b. 
An application for approval of a conditional use shall be accompanied by all applicable fees as enumerated and outlined in Chapter 19, subsection 19-3.4 prior to a determination that the application is complete.
c. 
Action by the approving authority shall be in accordance with said ordinances and with the provisions of C. 40:55D-1 et seq.
[Ord. No. 77-10; Ord. No. 89-4; Ord. No. 92-05]
[1]
Editor's Note: Former subsections 23-6.2, Abandonment, and 23-6.3, Restoration, previously codified in this section and containing portions of Ordinance No. 77-10, were repealed in their entirety by Ordinance No. 92-05.
a. 
Except as otherwise provided in this chapter, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use of building does not conform to the regulations specified by this chapter for the zone in which such land or building is located, provided however,
1. 
That no nonconforming lot shall be further reduced in size.
2. 
That no nonconforming building shall be enlarged, extended or increased unless such enlargements would tend to reduce the degree of nonconformance except that single family residences in residential zones may be enlarged providing that such enlargement shall not encroach beyond the existing building lines of any existing principal structure.
3. 
That no nonconforming use may be expanded.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector.
No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
A nonconforming building may be remodeled but not enlarged or extended, unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter, except that single family residences in residential zones may be enlarged providing that the enlargement conforms in every respect to this zoning chapter.
Wherever the boundaries of a zone shall be changed so as to transfer an area from one zone to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
Notwithstanding anything herein to the contrary, all those portions of Chapter 23, commonly known as the zoning ordinance of the Township of Scotch Plains, and all supplements, additions and amendments thereto, not specifically amended, deleted or modified by the within chapter shall remain in full force and effect.
[Ord. No. 22-2005]
It is the intent of this section to control the size, placement, and location of signs located throughout the Township of Scotch Plains, to promote the aesthetic and visual appearance of the community, to further the small-town character of the Township, to enhance economic viability by providing businesses with effective and efficient opportunities for identification, and to improve and protect pedestrian and motorist safety. This section amends the Township of Scotch Plains subsection 23-3.4 C. Schedule of Sign Regulations, Revised, Ordinance Supplemented 10/01 within the Township of Scotch Plains Land Use and Development Ordinances current to March 25, 2003. If there is any discrepancy between either the subsection 23-3.4 C and/or other sign regulations within the Township of Scotch Plains Land Use and Development Ordinances current to March 25, 2003; this section 23-7 Signs shall be deemed to be the ruling authority.
a. 
As used in this section:
1. 
BILLBOARD - Shall mean a freestanding sign that communicates a commercial or noncommercial message related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.
2. 
DOUBLE-FACED SIGN - Shall mean a sign with a message visible on both sides of a support structure.
3. 
FACADE - Shall mean the total wall surface, including door and window area, of a building's face. In computing sign area only one face, the face fronting on the roadway, can be used as the principal face.
4. 
FACADE SIGN - Shall mean a fixed sign attached to a wall of the principal building.
5. 
FREESTANDING SIGN - Shall mean a self-supporting sign on one or two poles, standards or any other base anchored to the ground and in a fixed location not attached to any building, wall or fence and with the bottom of the sign placed to allow sufficient traffic safety visibility.
6. 
GROUND SIGN - Shall mean a fixed self-supporting sign on one or two supports mounted on the ground with the bottom of the sign at ground level.
7. 
SIGN - Shall mean any device, structure or object, either constructed, applied or painted, for visual communications that is used for the purpose of bringing the subject thereof to the attention of others. See subsection 23-1.103.
8. 
SIGN AREA - Shall mean the area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by the projected, enclosed, four-sided (straight sides) geometric shape, which most closely outlines the said sign. See subsection 23-1.8a, 104.
9. 
SIGN IDENTIFICATION - Shall mean any sign, which shall be used to advertise and identify the business or activity conducted on the premises where the sign is located. See subsection 23-1.8a, 105.
10. 
TEMPORARY SIGN - Shall mean any sign, banner, pendent, valance, sandwich ("A") sign, advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light material intended to be displayed for a nonpermanent period. See the General Municipal Ordnance, Fine Section, in conjunction with subsection 23-1.5a for the schedule of fines for noncompliance.
a. 
The following provisions apply generally to all signage.
1. 
Signs shall not be erected or maintained except in conformity with the provisions of this section.
2. 
No permanent or temporary sign shall be constructed or displayed unless a sign erection permit has been obtained from the construction official except for those signs exempt as per the Uniform Construction Code.
3. 
In all zone districts, no commercial sign shall be permitted, which is not accessory to the business conducted on the property.
4. 
This section does not prohibit any signage based solely on the content of the signage message. Noncommercial speech, such as political speech or religious speech is allowed in all residential and commercial zones at a maximum sign area of 16 square feet on a side.
5. 
Any political sign that is protected under the free speech provisions of the United States and New Jersey Constitutions shall be permitted in any zoning district, provided that it is not located within a public right-of-way. Any sign sponsored by a political party and connected to an election event shall be a maximum of six square feet and removed within two weeks after the date of the political event.
6. 
No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring the view or by simulating official, directional or warning signs maintained by any governmental body, railroad or public utility concerned with the protection of the public health or safety. This shall include, but not be limited to, any sign visible from the public right-of-way, which uses an arrow device or simulates a stop sign or stop light.
7. 
All signs shall be placed in a location, which will allow sufficient reaction time for drivers on the adjacent roads to safely enter and exit the site.
8. 
No sign of any type shall be attached to trees, fence posts, stumps, utility poles, bridges, rocks or like features not considered to be advertising structures on public property.
9. 
All billboard signs are prohibited. Much of the Township of Scotch Plains is residential in nature and in those areas billboards would detract from the small town residential neighborhoods. In the commercial areas, billboards would detract from the economic link of the signage necessary for the Township businesses and along the highway, in addition, would create unnecessary distractions and burden traffic safety.
10. 
Rotating signs, live action signs, signs with an electronic display, flashing or intermittent illuminated signs are prohibited.
11. 
Noncommercial banners, containing a message or not are prohibited, unless specifically authorized by the governing body for a special public event.
12. 
Official signs erected or required by the Federal government, the State of New Jersey or any of its agencies, and any county or municipality of the State shall be exempt from the regulations in this section to the extent that governmental requirement conflicts with the requirements of this section.
13. 
Official flags of the United States, the State of New Jersey, Union County and the Township of Scotch Plains shall be permitted in all of the zone districts.
14. 
No sign shall be erected within or over the right-of-way of any street or highway unless specifically authorized by NJDOT and/or this chapter or other ordinances of the Township or Union County.
15. 
The setback of a sign shall be measured to the nearest part of the sign, including any base, frame, or decorative elements.
16. 
Any sign that is or shall become dangerous or unsafe in any manner whatsoever, or any sign erected hereafter contrary to the provisions of this section shall be repaired, made safe, and otherwise restored to its original condition in conformity with this section or shall be taken down and removed by the owner, leasee, agent or occupant of the building, property or land upon which it is placed or to which it is attached.
17. 
Signs for houses of worship, public schools and private nonprofit schools and institutions of higher learning shall permit an illuminated ground sign, or an illuminated facade sign. The permitted illumination shall be shielded and nonflashing. Any ground sign shall be located at least ten feet from any street right-of-way or property line, shall not exceed five feet in height. One side of the ground sign shall count toward total signage. The total maximum of signage on site (not including parking and/or directional signs) shall not exceed 32 square feet on either side. See subsection 23-5.2b.6.
18. 
Signs for lawfully permitted nonprofit chartered membership organizations, farms, public buildings, playgrounds, golf clubs and the offices of charitable organizations shall be facade signs of a maximum of 200 square feet of sign area or ten percent of the building facade and five percent of a secondary facade, whichever is less. Facade signs shall consist of individual non-internally illuminated letters, mounted directly on the building facade. The signage letters can be illuminated only by indirect shielded, nonflashing light. Ground signs are also permitted of a maximum size of 32 square feet on either side.
a. 
The following provisions apply generally to residential signage.
1. 
A residential nameplate sign is permitted in all zones for residential uses. The nameplate sign shall have a maximum sign area of one square foot, must include the house number and cannot be illuminated. Note: the house number sign area is excluded from the maximum sign area and must be at least four inches in height and readable at a distance of 50 feet.
2. 
Residential professional office signs (home occupation) are allowed within the R-2, R-3, R-3A Zones at a maximum of two square feet, with a setback of ten feet from the front property line. One sign is permitted per lot and it must be non-illuminated.
a. 
Total maximum sign area:
1. 
Within the B-1, B1-A, B-2 and B-4 Zoning Districts a total maximum sign area of ten percent of the front facade of the principal building is permitted.
2. 
Within the B-3 Zoning District a total maximum sign area of 20 percent of the front facade of the principal building is permitted, with attached retail as an exception.
3. 
Within the M-1 and M-2 Zoning Districts a total maximum sign area of five percent of the front facade of the principal building but not greater than 40 square feet for every 100 linear feet of front facade frontage is permitted.
b. 
The components of a freestanding ground and facade sign shall consist of materials and colors in conformance with and/or compatible with the primary structure and the design standards implemented by the architectural review committee of the Planning Board.
c. 
An illuminated signs shall be either indirectly lighted or of the diffused lighting type, unless illuminated by an interior source or shielded exterior light. No sign may use electronic displays, neon, mirrors, or flashing or intermittent illumination. All illuminated signs must be shielded to prevent glare or blinding effects upon motor vehicle traffic or light spillage upon a neighboring property.
d. 
The use of temporary signs, the commercial use of flags or the use of pendants and banners is prohibited other than a period of 14 days from the date of an opening. The total of such signs at one time shall not exceed 16 square feet. See subsections 23-7.2a.10, 23-7.3a.2 and 23-7.5d.
e. 
Both sides of any freestanding sign shall be considered part of the of total signage area.
f. 
Signs not exceeding two square feet in area, on either side, may be used for driveway entrances, exits or for warning and directional purposes provided the signs do not contain any advertising for the use of the premises and may only be internally lit.
a. 
Freestanding signs are permitted within all nonresidential zones and in conjunction with the gas stations in the B-2, B-3, and M-1 Zones. See subsection 23-7.11. Conditional Uses.
b. 
Freestanding signs are part of the maximum total signage area on lots with the approved minimum lot width.
c. 
A maximum of one freestanding sign is permitted for each property.
d. 
Total freestanding sign area within the B-3 Zone shall not exceed 32 square feet per side and both sides shall be considered part of the maximum total signage of 20 percent of the building facade. Within the B-3 Zone, the height of any freestanding sign shall be a maximum of 15 feet, with the bottom of the sign five feet above grade.
e. 
Total freestanding sign area within the B-1, B-2 and B-4 Zones shall not exceed 16 square feet per side and both sides shall be considered part of the maximum total sign area percentage of the front principal building facade. The height in the above zones shall be a maximum of six feet, with the bottom of the sign a minimum of two feet above grade. The traffic safety section of the police department must approve the sign location.
f. 
Total freestanding sign area within the B-1A, M-1 and M-2 Zone shall not exceed 24 square feet per side and both sides shall be considered part of the maximum total sign area percentage of the front principal building facade. The height in the above zones shall be a maximum of six feet with the bottom of the sign a minimum of two feet above grade. The traffic safety section of the police department must approve the sign location.
g. 
Gas station signs within the B-2, B-3, and M-1 Zones shall be a maximum of 20 feet high. See subsection 23-7.12.
h. 
All freestanding signs, if illuminated, shall be illuminated by a non-flashing light.
i. 
All signage locations adjacent to the State highway must be approved by the NJDOT as to the appropriate right-of-way setback. Neither the sign support, nor any sign projection can overhang the recommended NJDOT right-of-way line and the freestanding sign support must be located at a ten-foot minimum setback from the right-of-way.
j. 
Business name lettering on freestanding signs along the State highway shall be a minimum of eight inches high but not more than one foot high.
k. 
Malls, defined as attached, multiple, side by side unit retail of more than two retail establishments, are permitted one freestanding sign not to exceed 50 square feet on each side with both sides computed into the maximum total signage area of the mall. The maximum total signage area of a mall is 25 percent of the building facade.
a. 
For sale or lease signs are commercial for sale signs and are permitted in the B-1, B-1A, B-2, B-3, B-4, M-1 and M-2 Zones.
b. 
The maximum for sale or lease sign area is 20 square feet.
c. 
For sale or lease signs may not be located closer than the front yard setback of the zone district or 15 feet whichever is less.
d. 
For sale or lease signs may not be illuminated.
e. 
One for sale or lease sign is permitted per lot.
f. 
For further information on residential for sale signs see Real Estate Signs subsection 23-3-4b.1.
a. 
Facade signs are permitted within the B-1, B-1A, B-2, B-3, B-4, M-1, M-2, P, SC-1, SC-2 Zones.
b. 
Facade signs are part of the maximum total signage area.
1. 
Within the B-1, B-1A, B-2, B-4, SC-1 and SC-2 Zones the maximum total signage area of ten percent of the front principal building facade is permitted.
2. 
Within the B-3 Zone a maximum total signage area of 20 percent of the front principal building facade is permitted.
3. 
Within the M-1, and M-2 Zone a maximum total sign area of five percent of the front principal building facade is permitted.
c. 
A first floor business may use only the first floor facade area when calculating total signage.
d. 
A second floor permitted business is permitted a maximum ten square foot window sign, to be calculated as part of the maximum total signage area.
e. 
A business within a mall must use the front facade of that business only.
f. 
If a secondary facade frontage exists, such as on a corner lot or a back entrance from a parking lot, a secondary facade sign is permitted of a maximum of five percent of the secondary business facade.
g. 
Facade signs may be illumined, but only by a non-flashing light. See subsection 23-7.3e General Regulations.
h. 
No facade sign shall extend further than 12 inches from the face of the building upon which it is attached.
i. 
Facade signs shall include the business street number.
j. 
For awnings with writing, pictures, logos, the area that includes the writing, pictures and logos shall be considered sign area and as such is part of the total signage.
a. 
Ground signs are permitted within the B-2 and the B-3 Zones. In the SC-1, SC-2 and in the ML-1 and ML-2 Zones, ground signs are permitted to identify major permitted housing projects. Ground signs are allowed in conjunction with the following approved conditional uses: houses of worship, public schools, private nonprofit schools and institutions of higher learning, nonprofit chartered membership organizations, farms, public buildings, playgrounds, golf clubs and offices of charitable organizations. See subsections 23-7.3a.17 and 23-7.3a.18.
b. 
Within the B-2 Zone a maximum total signage area of ten percent of the front principal building facade is permitted.
c. 
Within the B-3 Zone a maximum total signage area of 20 percent of the front principal building facade is permitted.
d. 
Two project identification ground signs are allowed within the SC-1, SC-2, ML-1 and the ML-2 Zones with a maximum signage area of 24 square feet per side, a maximum height of six feet and a setback of ten feet. See subsection 23-3.16b.8. See subsection 23-3.8Ab.4 for signs permitted within the R-3B Zone.
e. 
Ground signs are allowed only where the principal building is set back at least ten feet from the property line, within the B-2 and B-3 Zones.
f. 
A ground sign must be placed at least two feet off the property line.
g. 
A ground sign can be a double sided sign with a maximum sign area for one side of 18 square feet and a maximum height of six feet above the ground within the B-3 Zone.
h. 
A first floor business shall use only the first floor facade area when calculating total signage.
i. 
Ground signs may be illuminated, but only by a non-flashing light.
j. 
No ground sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring the view. The traffic safety section of the police department must approve the sign location.
a. 
Residential and commercial development signs are permitted up to a maximum of 32 square feet within the R-1, R-2, R-2A, R-2B, R-2C, R-3, R-3A, B-1, B-1A, B-2, B-3, B-4, M-1 and M-2 Zones.
b. 
Residential and commercial development signs may not be located closer than ten feet to the property line.
c. 
Residential and commercial development signs may not be illuminated.
d. 
All residential and commercial development signs must be removed when the last certificate of occupancy of the development is issued.
a. 
Public zone signs are permitted in the P Zone at the authority of the Scotch Plains Mayor and Council.
a. 
The total freestanding sign area within the B-2, B-3 and M-1 Zone shall not exceed 40 square feet per side and both sides shall not be considered part of maximum total signage area of 20 percent of the building facade.
b. 
Two facade signs may be mounted on the front facade of the building provided that the total area of such signs does not exceed 20 percent of the area of the front facade including window and door area.
c. 
Two temporary advertising signs are permitted mounted to doors and windows provided that the total area of such signs does not exceed 20 percent of the area of the front facade including window and door area.
d. 
All signage on gas pump canopies shall be included in the maximum total signage area of 20 percent of the building facade.
e. 
See subsection 23-5.2e.6 for further information on Motor Vehicle Establishments.
[Ord. No. 30-2008; Ord. No. 10-2010]
a. 
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
b. 
Pursuant to P.L. 2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-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 regulations and in accordance P.L. 2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing 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. 5:97-8.
a. 
This section pertaining to Affordable Housing Development Fees was reviewed and approved by the Council on Affordable Housing pursuant to N.J.A.C. 5:96-5.1.
b. 
The Township of Scotch Plains shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
a. 
The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
Shall mean 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 percent affordable development.
COAH OR THE COUNCIL
Shall mean 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.
DEVELOPMENT FEE
Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE
Shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES
Shall mean 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. 
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 one percent of the equalized assessed value for residential development provided no increased density is permitted.
2. 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of six percent 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 one percent of the equalized assessed value on the first two units; and the specified higher percentage up to six percent of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
b. 
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
1. 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
2. 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
3. 
Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.
4. 
Development fees shall be imposed and collected when an existing structure 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.
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 two and one-half percent 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 two and one-half percent 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 two and a half percent 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 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 two and a half percent development fee, unless otherwise exempted below.
2. 
The two and one-half percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within 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 the basis for the 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 Township of Scotch Plains 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.
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 the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
c. 
The construction official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
d. 
Within 90 days of receipt of that notice, the, municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
e. 
The construction official responsible for the issuance of a final certificate of occupancy 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 ten 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 the Township of Scotch Plains fail to determine or notify the developer of the amount of the development fee within ten business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L. 2008, c.46 (C.40:55D-8.6).
h. 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
i. 
Appeal of Development Fees.
1. 
A developer may challenge residential development fees imposed by filing a challenge with the county board of taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Township of Scotch Plains. 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, R.S. 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 of Scotch Plains. 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, R.S. 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 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 ten percent of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. 
Rental income from municipally operated units;
4. 
Repayments from affordable housing program loans;
5. 
Recapture funds;
6. 
Proceeds from the sale of affordable units; and
7. 
Any other funds collected in connection with the Township of Scotch Plains affordable housing program.
c. 
Within seven days from the opening of the trust fund account, the Township of Scotch Plains shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, Wachovia Bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
d. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
a. 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township of Scotch Plains fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing 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 the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
b. 
Funds shall not be expended to reimburse the Township of Scotch Plains for past housing activities.
c. 
At least 30 percent of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of median income by region.
1. 
Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
2. 
Affordability assistance to households earning 30 percent or less of median income may include buying down the cost of low or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30 percent or less of median income.
3. 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
d. 
The Township of Scotch Plains may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
e. 
No more than 20 percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
a. 
The Township of Scotch Plains shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Township of Scotch Plains housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
a. 
The ability for the Township of Scotch Plains to impose, collect and expend development fees shall expire with its substantive certification unless the Township of Scotch Plains has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township of Scotch Plains fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (C.52:27D-320). The Township of Scotch Plains shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township of Scotch Plains retroactively impose a development fee on such a development. The Township of Scotch Plains shall not expend development fees after the expiration of its substantive certification or judgment of compliance.