[1999 Code § 17.04.010]
The short title by which this chapter shall be known shall be
the Zoning Regulations of the Township of Edison.
[1999 Code § 17.04.020]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals and general welfare. Among other
purposes, the provisions of this chapter are intended to provide adequate
light, air and convenience of access; avoid undue concentration of
population by regulating and limiting the use of land, the height
and bulk of buildings wherever erected; to limit and determine the
size of yards and other open spaces; to regulate the density of population;
and to conserve the value of property and encourage the most appropriate
use of land throughout the Township.
[1999 Code § 17.04.030]
a. It is not intended by this chapter to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of other laws
or ordinances, except those specifically repealed by this chapter
title or any private restrictions placed upon property by covenant,
deed or other private agreement unless repugnant thereto.
b. Where this chapter imposes a greater restriction upon the use of
buildings or premises or upon the height of buildings or lot coverage,
or requires greater lot area or larger yards or other open spaces
than are imposed or required by such rules, regulations or permits
or by such private restrictions, the provisions of this chapter shall
control.
[1999 Code § 17.04.040, A; Ord.
No. O.1500-2006; Ord. No. O.1839-2013; Ord. No. O.1898-2015]
a. Districts. For the purpose of this chapter, the Township is divided
into various zoning districts as follows:
R-AA
|
Residential district
|
R-A
|
Residential district
|
R-A (PRD)
|
Residential district
|
R-A-th
|
Residential district
|
R-BB
|
Residential district
|
R-BB-th
|
Residential district
|
R-B
|
Residential district
|
R-B (PUD)
|
Residential district
|
R-B-th
|
Residential townhouse district
|
L-R
|
Residential district
|
L-B
|
Local business district
|
AAR
|
Amboy Avenue Revitalization
|
C-B
|
General business district
|
G-BH
|
General business district
|
G-C
|
Golf course district
|
P-B
|
Planned business district
|
O-S
|
Office-service district
|
O-S-1
|
Office-service district
|
O-S-2
|
Office-service district
|
OSR-C
|
Open space/recreation conservation district
|
R-I
|
Restricted industrial district
|
R-I-1
|
Restricted industrial district
|
L-I
|
Light industrial district
|
ROL
|
Research, office and laboratory district
|
E-1
|
Educational-institutional district
|
T-C
|
Township center district
|
U-R
|
Urban renewal district
|
AHOZ
|
Affordable housing district
|
AHOZ-2
|
Affordable housing district
|
RRRD
|
Raritan River Revitalization District
|
MHP
|
Mobile Home Park District
|
E-1
|
Educational District 1
|
T-1
|
Township District 1
|
FBZ
|
Flexible Business Zone
|
a. The aforesaid zones are established by the designations, locations
and boundaries set forth and indicated on the Official Zoning Map
to be located in the office of the Township Engineer (hereinafter
referred to as "Engineer") and maintained by him or her. A map, entitled
"official zoning map," as amended by a plan dated August 18, 2004,
prepared by Schoor DePalma Engineers and Consultants, shall be included
with the Zoning Regulations of Edison Township for informational purposes
only. The official zoning maps of Edison Township shall be on file
with the Township Engineer's office and shall be definitive as to
all zone boundary lines for the Township. The official zoning map
consists of a reproducible duplicate copy of the official tax maps
of the Township on which zone boundaries are drawn.
[1999 Code § 17.04.040, B; Ord.
No. O.1500-2006§ 2; Ord.
No. O.1516-2006; Ord. No. O.1530-2006§ 2; Ord. No. O.1670-2008§ I, II; Ord. No. O.1782-2011; Ord. No. O.1787-2011; Ord. No. O.1792-2011; Ord. No. O.1839-2013§ 3; Ord. No. O.1849-2013§ 2; Ord. No. O.1875-2014§ 2]
b. Zoning map amendments. Beginning with Supplement No. 13 zoning map
amendments are listed by ordinance number.
Ord. No. 1898-2015: Creating Flexible Business Zone, FBZ.
Street
|
Block
|
Lot
|
Current Zone
|
New Zone
|
---|
Woodbridge Ave.
|
390
|
51
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390
|
47-B
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390
|
48-A
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390
|
48-B
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390
|
49-A
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390
|
50-A
|
LI
|
FBZ
|
Woodbridge Ave.
|
396
|
5.01
|
AHOZ-2/GB
|
FBZ
|
Woodbridge Ave.
|
396
|
10
|
LI
|
FBZ
|
Woodbridge Ave.
|
390-A
|
2
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390-A
|
3
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390-A
|
I-A-4
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390-F
|
2
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390-F
|
3
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390-F
|
4
|
RRRD
|
FBZ
|
Woodbridge Ave.
|
390-N
|
2
|
RRRD
|
FBZ
|
[Note: Tax maps highlighting the above parcels are
attached to Ord. No. 1898-2015 as Exhibit A.]
Ord. No. O.1910-2015: Establishes Roosevelt Care Center site
as a Redevelopment Zone. 1 Roosevelt Drive (Block 690, Lots 1 and
2B.)
[1999 Code § 17.04.040, C]
If, in accordance with the provisions of this chapter and the
Revised Statutes of the State of New Jersey, changes in the district
boundaries or other matters portrayed in the map are made by the Township
Council, such changes shall be made promptly by the Engineer after
the amendment has taken effect as provided by law. For each change
in the map, note shall be made thereon, in the revision box, of the
date of revision, zones affected by the revision and a brief identifying
description of the revision. These changes are to be endorsed upon
the map on the effective date of the amendment.
[1999 Code § 17.04.040, D]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any district (zone) shown on the map, the
following rules shall apply:
a. Center Lines. Boundary lines indicated as following or approximately
following streets, highways or other public or private ways shall
be construed to follow the center lines thereof as determined by the
Engineer.
b. Platted Lines. A boundary indicated as following or approximately
following platted lot lines shall be construed as following such lot
lines as the same appear on the tax map of the Township as revised,
unless its position is shown on the zoning map by a specific dimension
expressing its distance in feet from a street line or other boundary
line as indicated.
c. Municipal Lines. Boundaries indicated as following or approximately
following municipal lines shall be construed as following such municipal
lines.
d. Shorelines. Boundaries indicated as following or approximately following
shorelines shall be construed to follow such shorelines, but in the
event of change in the shorelines, shall be construed as moving with
the actual shoreline. Boundaries indicated as following streams, rivers
or other bodies of water shall be construed as following the center
lines thereof.
e. Parallels and Extensions. All distances between parallel or concentric
lines, or extensions or prolongations of features indicated in paragraphs
a. through d. above, shall be construed to be at right angles in the
case of parallel lines or radial in the case of concentric lines.
f. In the case of uncertainty as to the true location of a zone boundary line in a particular instance, the determination thereof shall be made by the Zoning Officer. An appeal may be taken to the board of adjustment as provided in subsection
39-7.4.
[1999 Code § 17.04.050; Ord. No.
O.1485-2006§ 2; Ord. No.
O.1515-2006§ 1]
As used in this chapter:
ACCESSORY APARTMENT
Means a separate living unit, as defined by the New Jersey
Uniform Construction Code, whether or not individual utilities or
access (doorways) are provided.
ACCESSORY USE OR BUILDING
Means a subordinate use or building, the purpose of which
is incidental to that of the main use or building on the same lot.
ADMINISTRATIVE OFFICER
Means the person designated by the appropriate department
director, pursuant to State Statute and Township ordinance.
APPROVED STAIRWAY
Means a permanent access, conveyance, either fixed or mechanically
operated that allows for the uninterrupted ingress and egress from
or to a space within a structure. Manual pull down stairs or openings
requiring the placement of a ladder device for access are not considered
an approved stairway.
AREA, BUILDING—BUILDING AREA
Means the total of areas of outside dimensions on a horizontal
plane at the main grade level of the principal building and all accessory
buildings.
ATTIC
Means that part of a building that is immediately below and
wholly or partly within the roof framing not served by an approved
stairway for ingress and egress.
AUTOMOBILE OR TRAILER SALES AREA
Means an open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
AUTOMOBILE SERVICE STATION or FILLING STATION
Means a building or place of business where gasoline, oil
and grease, batteries, tires and automobile accessories are supplied
and dispensed directly to the motor vehicle trade at retail. See definition
of "gasoline station" which appears herein.
AVERAGE ALIGNMENT
Means a distance which is the total setback distance of all
buildings within two hundred (200) feet on each side of the lot and
within the same block and on the same side of the street, divided
by the total number of houses included within that distance.
BASEMENT AND CELLAR
A basement shall be a story of a building partially below
grade but having more than half its cubic volume above grade, and
a cellar shall be defined as a story of a building partially below
grade and having more than half its cubic volume below grade.
BOARDINGHOUSE
Means a structure containing two (2) or more rooming units.
See "rooming unit."
BUFFER AREA
Means an open unoccupied area primarily intended to restrict
a clear view, beyond which no improvement is located except for a
driveway to provide property access.
BUILDING
Means any structure having a roof supported by columns, including
dining cars, camp cars or other structures on wheels or other supports.
BUILDING HEIGHT
Means the vertical distance measured to the highest point
of the building from the original lot grade on a site plan, subdivision
plan, or other plan approved by the appropriate approving authority.
The vertical distance shall be the average measured along the perimeter
of the building, measured at a minimum of four (4) corners of the
structure.
DAY-CARE CENTER
Means a facility designed for and/or used for the care of
more than three (3) preschool children who do not live at the site.
All such facilities shall be required to be licensed by the New Jersey
Department of Community Affairs or by the Edison Township Department
of Health and Human Services, as applicable.
DECK
Means any extended horizontal accessory structure [not covered by any type of roof] serving as a floor which covers, partially or fully any portion of the lot area of a particular lot or track, so long as such floor is pervious. A deck which is over two (2) feet above grade shall be subject to the principle building set back requirements of this chapter. See also subsection
37-4.16 for deck maximum lot coverage requirements.
DRIVEWAY
Means a paved unoccupied space providing access to property
and parking spaces and is accessory to the use.
DWELLING UNIT
Means a permanent building or portion thereof providing sleeping
room(s), bathroom(s) and kitchen facilities for the use of one (1)
or more persons. "Dwelling units" shall be differentiated one from
the other as follows:
a.
Dwelling, Single-Family. Single-family dwelling means a detached
building designed for or occupied exclusively by one (1) family.
b.
Dwelling, Townhouse. Townhouse dwelling means more than one
(1) single-family dwelling contained in a building, wherein each dwelling
unit shall have private parking, storage space and individual systems
and utilities.
c.
Dwelling, Two-Family. Two-family dwelling means a building designed
for or occupied exclusively by two (2) families living independently
of each other.
d.
Dwelling, Multifamily. Multifamily dwelling means a building
used or designated as a residence for three (3) or more families living
independently of each other and doing their own cooking therein, including
apartment houses but not including motels.
ENTERTAINMENT
Means any activity of a cultural, artistic or sporting nature,
or special talent, skill or unique ability demonstrated by a person
or persons for the purpose of enjoyment and/or diversion by the public
at large performed in a specific venue. In no way shall entertainment
cater to prurient interests, be unlawful or of a pornographic nature.
FAMILY
Means one (1) or more persons related by blood or marriage
living together in a single housekeeping unit, or a collective number
of persons living together in one (1) house whose relationship is
of a permanent and distinct domestic character, and cooking as a single
housekeeping unit. This definition shall be deemed to include maids,
servants or other employees of one (1) or more members of the family.
FARM
Means land consisting of five (5) acres or more on which
produce, crops or flowers are grown for profit.
FLOOR AREA
Means the calculated surface area of all floors within a
building, excluding cellars.
FREESTANDING TELECOMMUNICATION TOWER
Means any structure upon which there is located any devices
which are used for the transmission and reception of wave frequencies
for the purpose of any wireless communication [e.g. telephone, radio,
internet, paging and/or television]. "Freestanding telecommunication
tower" shall not be considered a "public utility."
GENERAL DEVELOPMENT PLAN
Means a comprehensive plan for the conceptual design and
layout of a planned development for a tract of land more than one
hundred (100) acres in size as provided in N.J.S.A. 40:55D-45.2.
GRANDFATHER CLAUSE
Pursuant to the provision of N.J.S.A. 40:55D-5, means 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, subject to the provisions of the Code of the Township
of Edison, any such structure may be restored or repaired in the event
of partial destruction thereof.
HABITABLE ATTIC
Means an attic in a residential dwelling unit that has a
stairway as a means of access and egress from the residential story
below and in which the ceiling area at a height of at least seven
(7) feet above the attic floor is no more than one-third (1/3) of
the floor area of the residential story below. A habitable attic shall
not constitute a story unless it exceeds the limits of the definition
herein set forth.
HISTORIC SITE
Means as defined by the Office of New Jersey Heritage.
HOME OCCUPATION
Means an accessory use conducted entirely within a dwelling
by the residents of the dwelling, provided that such use shall be
limited to twenty-five (25%) percent of the total floor area of the
building. Any advertisement shall be demonstrative of the existence
of a home occupation at the address cited within such advertisement.
HOME-BASED OCCUPATION
Means an activity conducted for profit by residents of a
single-family home limited in nature to service and crafts and not
resulting in any exterior alteration of the principal residential
structure nor residential character of the lot and not including any
use which customarily includes clients visiting the site to receive
service and advice, such as but not limited to the practice of medicine,
dentistry, chiropractic, law, real estate, music studios, dance studios,
gymnastics, astrology, automotive repair, appliance repair and any
use which generates vehicular traffic to the site in addition to that
normally associated with the occupants of the property as a single
family.
INDUSTRIAL PARK
Means an area of land twenty-five (25) acres or greater in
size having access to an existing or proposed public street consisting
of a minimum number of permitted industrial uses individually located
on lots of a minimum specified size which have been planned as an
integrated development regarding circulation, traffic, parking, utility
needs, landscaping, buffering, aesthetics and land use compatibility.
LOT
Means a designated parcel, tract or area of land established
by a plat or otherwise permitted by law and to be used, developed
or built upon as a unit.
a.
CORNER LOTMeans a lot at the junction of and fronting on two (2) or more intersecting streets. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
c.
DEPTH OF LOTMeans the mean distance between the mean front lot line and the mean rear lot line.
d.
WIDTH OF LOTMeans the width of any lot shall be measured along a straight line connecting the points of intersection of the required minimum front setback line and the side lines of the lot.
MINOR SITE PLAN
Means a development plan of one (1) or more lots which proposes
new development or building alteration or addition of less than one
thousand (1,000) square feet of floor area, requiring no more than
ten (10) new parking spaces for the proposed development; does not
involve coverage by building or impervious lot coverage in excess
of that permitted in the Zone Bulk Schedule; and does not involve any planned development, any new
street or the extension of any off-tract improvements.
MOTEL/HOTEL
Means a use which shall contain at least one hundred (100)
sleeping rooms each having its own bathroom. Such use may also contain
meeting rooms, office and temporary office space, restaurants and
retail-commercial space.
NONCONFORMING USE
Means a use that does not comply with the regulations of
this chapter for the zone in which it is located.
OPEN PORCH
Means a roofed piazza, porch or porte cochere which projects
beyond the main wall of a building into a yard for which the columns
supporting the roof shall present a minimum of obstruction to the
view and the circulation of air.
OPEN SPACE
Means 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.
OVERALL DEVELOPMENT PLAN
Means a comprehensive plan for the conceptual design and
layout of a planned development for a tract of land having a minimum
size of twenty (20) acres and a maximum size of one hundred (100)
acres and as further specified elsewhere in this chapter.
PATIO
Means a level, landscaped and or impervious surfaced area,
also referred to as a terrace, directly adjacent to a principle building
which is less than two (2) feet above grade and not covered by any
type of roof. The surface upon which a patio is constructed shall
constitute pavement for the purpose of this chapter. A patio which
is over two (2) feet above grade shall be subject to the principle
building setback requirements of this chapter.
PRIVATE GARAGE
Means a building or space used as an accessory to the main
building which provides storage space for motor vehicles and in which
no occupation, business or service for profit is carried on.
PUBLIC GARAGE
Means any building, premises or land or part thereof, other
than a private garage, used for the storage, care or repair of motor
vehicles for profit, or where any such vehicles are kept for hire.
RECREATIONAL USE
Means the use of land for leisure time activities, more specifically,
the following land uses:
a.
Recreation, Commercial—Commercial recreation means recreational
facilities operated as a business and open to the general public for
a fee.
b.
Recreation, Private or Membership—Private or membership
recreation means clubs or recreation facilities operated by organizations
and open only to bona fide members of such nonprofit organizations.
c.
Recreation, Public—Public recreation means recreation
facilities operated as a nonprofit enterprise by the Township, other
governmental entity or any nonprofit organization and open to the
general public.
RESIDENTIAL FLOOR AREA RATIO (RFAR)
Means the result of dividing the total floor area of the
residential dwelling (excluding basements and attics, but including
garages) by the total land area of the lot.
RESTAURANT
Means any establishment, however designated, at which food
is sold for consumption on the premises, but normally to patrons seated
within an enclosed building, excluding drive-in restaurants. For purposes
of this definition, the word "diner" shall be synonymous with the
word "restaurant."
RESTAURANT, DRIVE-IN—DRIVE-IN RESTAURANT
Means:
a.
An establishment where patrons are served food, soft drinks,
ice cream and similar confections, inclusive of refreshment stands
commonly called "snack bars," "dairy bars," "hamburger stands" or
"hot dog stands" or similar uses where customers and patrons are served
food, soft drinks or ice cream primarily for their immediate consumption
outside the confines of the building or structure in which the business
is conducted, regardless of whether seats or other accommodations
are provided for the patrons thereto.
b.
No such use shall include drive-through window(s) or other physical
appurtenances designed or used to service customers outside of the
principal structure.
ROOMING HOUSE
Means a building or rooming unit wherein occupants are furnished
shelter by the owner or his agent. The term "rooming house" shall
include boardinghouse, tourist home and hostel.
SETBACK LINE
Means a line delineating the limits of a yard as defined
herein.
SHOPPING CENTER
Means a structure used for retail sales having a gross square
foot area of seventy-five thousand (75,000) square feet or more.
SIGN
Includes every billboard, ground sign, wall sign, roof sign,
sign painted on the exterior surface of a building structure, illuminated
sign, projecting sign, temporary sign, awning and canopy sign and
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person,
firm or corporation when the same is placed out of doors in view of
the general public.
SITE
Means a parcel or portion or other division of land which
may reasonably be separated from other parcels or portions of land
by description and which is used or is intended to be used for a separate
use, lease, tenancy or occupancy.
STREET LINE
Means the dividing line between the public right-of-way and
a lot.
STRUCTURAL ALTERATION
Means any change in the structural members of a building,
such as walls, columns, beams or girders.
STRUCTURE
Means anything constructed the use of which requires permanent
location on the ground or attachment to something having permanent
location on the ground, including stationary and portable carports.
TEMPORARY SIGN
Means a sign authorized by this chapter and regulated by Section
37-62. All banners, inflatables and the like shall be classified as temporary signs and require permits.
TOWNHOUSE DEVELOPMENT
Means dwellings developed as a single entity in which individual
dwellings and associate lots if applicable have a common or public
open space as an appurtenance, and further provided that no more than
fifty (50%) percent of all townhouse units contained within the "townhouse
development" shall occupy air space one above the other as defined
in N.J.S.A. 46:8-1 et seq., and further provided that wherever a unit
is proposed to occupy air space above another, a noise and fire barrier
between the two units shall be provided.
TRAILER
Means a piece of apparatus or equipment designed to be hauled,
pulled or moved by a motor vehicle and not classified as a structure.
TRANSFER STATION
Means a facility licensed by the Board of Public Utilities
which license shall be subservient to the Zoning Regulations of Edison
Township.
TRANSPORTATION FACILITY
Means any building, structure or land area which enables
the movement of people between one or more modes of transportation.
Transportation facilities may provide for the movement of goods ancillary
to passenger transportation but shall not involve freight transhipment
as a primary function. Such facilities may include, but not be limited
to, bus terminals, taxi stands, train stations or private charter
services.
TRUCK DEPOT
Means any building, structure or land area used for the storage
of trucks including facilities utilized for the repair and maintenance
of such vehicles, but where no transshipment of freight occurs.
TRUCK TERMINAL
Means an area and buildings where trucks load and unload
cargo and freight and where the cargo and freight may be broken down
or aggregated into smaller or larger loads for transfer to other vehicles
or modes of transportation. Truck terminals are transshipment facilities
which include ancillary storage facilities and parking areas for trucks
awaiting cargo and may include facilities for servicing of trucks.
USE
Means the specific purpose for which land or a building is
designed, arranged, intended or for which it is or may be occupied
or maintained.
USED CAR LOT
Means any place out of doors where two (2) or more motor
vehicles in operating condition are displayed or offered for sale.
VARIANCE
Means a departure from the terms of this chapter.
WAREHOUSE
Means a facility designed for the storage of goods and materials
and having restricted access to the general public. Such use shall
not include repackaging or assembly of products.
YARD
Means an open space located between the setback line and
the nearest lot line and which is unoccupied and unobstructed from
the ground upward except as herein permitted.
a.
YARD, FRONT—FRONT YARDMeans an open space extending across the full width of the lot between the front setback line and the front lot line and which is unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
b.
YARD, REAR—REAR YARDMeans a yard extending across the full width of the lot and between the rear line of the lot and the rear yard setback line. The depth of the 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 lot lines.
c.
YARD, SIDE—SIDE YARDMeans an open, unoccupied space between the side line of the lot and the side setback line and extending from the front yard to the rear yard or, in the absence of either of such 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.
ZONE
Includes the word "district."
ZONING OFFICER
Means an official of the Township and/or any other Township
employee who is authorized by this chapter to enforce these regulations.
ZONING PERMIT
Means a document signed by the Zoning Officer, which document 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 which acknowledges that such use, structure or building complies with the provisions of this chapter, or variance therefrom duly authorized by a municipal agency pursuant to Sections
39-4 and
39-7. The term "this chapter," when used herein, shall be construed to refer to all sections and subsections of the Edison Township Zoning Regulations, unless otherwise specified.
[1999 Code § 17.08.010]
This chapter shall apply to the construction, nature and extent
of uses of all buildings and structures and to the nature and extent
of the uses of land. No building, structure or land, or any part thereof,
shall be used or occupied and no building or structure shall be erected,
constructed, reconstructed, moved, repaired, extended, converted,
altered, maintained or used unless in conformity with all the regulations
of this chapter specified for the district in which it is located.
All regulations set by this chapter within each of the districts shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided.
[1999 Code § 17.08.020]
Regardless of whether the Township or any duly constituted Township
board, agency or department is acting in or pursuant to the performance
of a governmental or proprietary function, any municipally owned,
operated or controlled building, structure, facility or use, either
existing or proposed, shall be permitted in any class of zone as set
forth in this chapter, it being the intention of this section that
whatever the Township may authorize to do shall constitute a function
of government and that whenever the Township shall act pursuant to
granted authority, it acts as government and not as a private entrepreneur.
[1999 Code § 17.08.030]
a. No yard or any other open space or off-street parking or loading
space required about or in connection with any building or buildings
on a lot for the purpose of complying with this chapter shall be included
as part of a yard, open space or off-street parking or loading space
similarly required for any other building.
b. No existing yard or existing lot shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots
created hereafter shall meet at least the minimum requirements established
by this chapter.
c. Except as hereinafter specified in this section, yards and courts
required under this section shall be entirely free of buildings or
parts thereof and parking and storage.
d. Cornices and eaves may project not to exceed two (2) feet over any
required yard or court.
e. Sills, leaders, belt courses and similar ornamental or structural
features may project only four (4) inches into any required yard.
Any open fire balcony, fire escape or fire tower may project into
a required yard not more than eight (8) feet.
f. The requirements of this section respecting yards shall not apply
to any necessary retaining wall or steps or to any fence or wall which
is less than six (6) feet high. In addition to the above, the following
shall control the location, height and design of fences:
1. In any residential zone, no fence shall be permitted in the front
yard area which will restrict visibility and be over four (4) feet
high. No fence shall exceed six (6) feet in height. On a corner lot,
the fencing along the street frontage coincident with the architectural
front door, or main dwelling entrance, shall be subject to the same
restrictions as for a front yard area. On a corner lot, the fencing
along the street frontage not coincident with the architectural front
door, or main dwelling entrance, shall be permitted to extend into
the front yard setback area for a distance equal to one-half (1/2)
of the required front yard setback distance. On a through lot, the
fencing along both street frontages shall be subject to the same restrictions
as for a front yard area. For the purposes of this section, a "through
lot" shall be defined as: an interior lot which fronts upon two (2)
streets which do not intersect at the boundaries of the lot, and which
runs unobstructed from one street to another. A corner lot shall not
be considered a through lot.
2. No fence shall be constructed of any material or in any manner which
may be dangerous to persons or animals.
3. The finished side of any fence shall face the adjoining properties.
4. In any nonresidential zone, fences shall be permitted in the front,
side and rear yards. A fence in the side and rear yard of an industrial
zone only may exceed six (6) feet but shall not exceed ten (10) feet
in height.
5. All fences, shrubs, trees, etc., must be installed within the property
lines of the lot.
6. On any corner lot, no fence, wall or other structure shall be permitted
within a triangle formed by two (2) sides measured twenty-five (25)
feet from the point of intersection of the street right-of-way lines
and the connecting of the two (2) points twenty-five (25) feet in
distance from the intersecting point of the street right-of-way lines.
7. No fence shall be permitted on or about a lot created by subdivision and/or site plan approval for any townhouse as defined by this chapter in any residential district or any single detached dwelling located on a lot which was created as a result of approval of a planned residential development with the R-A (PRD) zone, except and unless such fencing was specifically authorized by site plan and/or subdivision plan approval of a townhouse or planned residential development. Fencing within such development may be permitted only after approval of a plan as provided in Chapter
36, subsection
36-8.1
8. The provision of this subsection notwithstanding, a fence may be
erected in a residential zone up to eight (8) feet in height along
the rear property line of the residential lot when said rear property
lot line borders a nonresidential zone other than the OSC zone.
g. No building or structure shall be located on a corner lot nearer to a street boundary line than the required front yard as set forth in the schedule (see Section
37-63).
[Ord. No. O.1502-2006]
a. In addition to the regulations of subsection
37-4.3, any applicant for site plan approval for a nonresidential use upon land which either abuts a residential zone or residential use lawfully existing thereon, shall install an eight (8) foot high board-on board fence on said nonresidential property for the entire length of the property line between the nonresidential property and said residential zone or use. The requirements of this subsection are in addition to, and are not to be interpreted as a substitute for, any buffer area that may be required by this chapter.
b. No such fence shall be required when a street, rail or utility right-of-way
separates the residential zone or residential-use and the proposed
nonresidential use.
c. Any deviation from the requirements of this subsection shall require
a design waiver from the appropriate board.
[1999 Code § 17.08.040]
No accessory buildings permitted by this chapter shall be placed
in any required yard except as specified hereinafter in this subsection:
a. Within any residential zone, the aggregate ground area covered by
accessory buildings, including the ground area covered by any projections
hereinabove permitted, shall not exceed ten (10%) percent of the total
lot area or thirty-five (35%) percent of the rear yard area, whichever
is the lesser. Within any other zone, the aggregate area covered by
any accessory building(s) shall not exceed fifty (50%) percent of
the rear yard area.
b. No accessory building within any residential zone or business zone
shall be more than fifteen (15) feet or one and one-half (1 1/2)
stories, whichever is the lesser, in height. In all other zones, no
accessory building, including tanks, silos or similar structures,
shall exceed the height of the principal building to which same is
accessory. No building permit for any accessory building shall be
issued in any residential zone until a permit for a dwelling or other
permitted principal structure has been issued and construction started.
c. No accessory building shall be located within the required front
yard area.
d. On through lots (any lot running from one street to another), no
accessory building erected in the rear yard shall be nearer the street
line than the minimum distance specified for a front yard setback
on that part of the street which the yard abuts.
e. Any accessory building attached to the main building shall be considered
part of the main building.
[1999 Code § 17.08.050]
a. On any lot running through from one street to another, the front
of the lot shall, for the purposes of this chapter, be considered
that frontage upon which the majority of the buildings in the same
block front, but, in case there has been no clearly defined building
frontage established, the owner may, when applying for a building
permit, specify which lot line is to be considered the front lot line
for the purposes of this chapter.
b. In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal but shall be no less than two-thirds (2/3) of the required lot width as set forth in the schedule (see Section
37-63), and further provided that no lot shall have a frontage of less than fifty (50) feet.
[1999 Code § 17.08.060]
a. No lot shall be so subdivided or reduced in area as to cause any
open space required by this chapter to be less in any dimension than
is required for the zone and lot in question.
b. Where a lot is formed from part of another lot and occupied by a
building, such division shall be effected in such a manner as not
to impair any of the requirements of this chapter with respect to
the existing building or yards and open spaces in connection therewith.
No permit shall be issued for the erection of a new building on a
new lot thus created, unless it complies with all the provisions of
this chapter.
c. Off-Street Parking. Off-street parking space shall be provided as specified in Section
37-60 or as otherwise may be required in this chapter.
d. Access Driveways. Any access driveway to any use shall be deemed
to be accessory to such use. No driveway that is accessory to a business
or industrial use shall be established in any residential zone.
e. Ingress or Egress. No ingress or egress over private roads or private
driveways of Edison Township through districts zoned for residential
uses shall be permitted to or from nonresidential properties.
[1999 Code § 17.08.070]
a. The measurement shall be made from the mean finished grade of the
lot immediately adjacent to the building foundation.
b. Height limits in this chapter shall not apply to transmission or
aerial towers, masts, flagpoles or chimneys, provided that the horizontal
area of such parts does not exceed one and zero-tenths percent of
the ground area covered by the main building, nor shall the limits
apply to parapet walls not over four (4) feet high for buildings located
in nonresidential zones, and further provided that height limits shall
not apply to roof-mounted heating, air conditioning or other mechanical
equipment, except that such equipment shall not be visible while standing
at ground level and shall be screened by a wall, cover, parapet, fencing
or by other means equal to the height of the equipment to be screened
and such screening shall be in keeping with the architectural motif
of the building.
[1999 Code § 17.08.080]
The lowest floor level in a cellar, basement, crawl space or
other structure in any building or structure shall not be less than
specified by the New Jersey Department of Environmental Protection
or other flood elevation established by the Township Engineer.
[1999 Code § 17.08.090]
The standards for control and regulation of land within flood
hazard areas as promulgated by the New Jersey Department of Environmental
Protection are incorporated in this chapter.
[1999 Code § 17.08.100]
a. Except as hereinafter provided, no building permit shall be issued
for a building or use or enlargement of any building or use unless
a site plan is first submitted and approved, and no certificate of
occupancy shall be given unless all construction conforms to the approved
plan, except that site approval shall not be required for single-family
or two-family dwellings or for permitted accessory uses incidental
to single-family dwellings.
b. No change of occupancy permit pursuant to Chapter
36, subsection
36-8.1b) for any nonresidential use shall be authorized or permitted until approved by the Planning Board committee for change of occupancy.
c. The Planning Board committee, for a change of occupancy, may require,
as a condition of permit approval, the installation of landscaping,
paving, fencing, lighting and building facade renovation.
d. Site plan application and approval shall be required for all parking
areas not accessory to a single-family or two-family dwelling.
[1999 Code § 17.08.110]
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, no conditional use will be permitted if the
use at the proposed location would be detrimental to the health, safety
and general welfare of the community.
[1999 Code § 17.08.120]
On a corner lot, with a triangular area, no wall or fence or
other structure shall be erected of a height in excess of three (3)
feet, and no hedge, shrub or other growth shall be maintained at a
height in excess of three (3) feet, except that trees whose branches
are trimmed away to a height of at least ten (10) feet above the curb
level shall be permitted. Such triangular area shall be determined
by the intersecting center lines of the streets and a diagonal connecting
points on each street center line seventy-five (75) feet from the
intersection of such street center lines.
[1999 Code § 17.08.130; Ord. No.
O.1880-2014]
a. All uses not specifically permitted by zone or by State or Federal
law are prohibited, inclusive of, but by no means limited to, refineries,
cement manufacturing, slaughterhouses, explosive manufacturing, adult
bookstores, movies and the like and as further prohibited by this
chapter.
b. Drive-through windows or other physical appurtenances designed or
used to serve food to customers.
c. Chemical manufacture for storage or sale of extremely toxic chemicals,
such as but not limited to phosphine, phosgene, stibine, arsine, hydrogen
selinide, methyl isocyanate, chlorine dioxide, chlorine trifloride,
diborane, mercury and chloroform.
d. Hazard or toxic waste disposal, storage and transfer facilities designed
or used for the incineration, disposal, storage or transfer of hazardous
or toxic waste produced off-site.
e. In any approved lot in a zone which permits the construction of a
single-family dwelling as the principal structure, it shall be prohibited
to construct more than one (1) such principal structure on that lot.
f. Drilling for natural gas; using the drilling technique of hydraulic
fracturing; exploring for natural gas beyond the reconnaissance phase;
or the treatment, discharge, disposal, or storage of waste from hydraulic
fracturing or any by-product of hydraulic fracturing.
1. Applicability. The provisions of this paragraph f. shall apply to
the entire municipality of Edison and the Township Code shall be deemed
amended accordingly.
[1999 Code § 17.08.140]
The use of trailers or modular office buildings as accessory buildings shall be temporarily permitted at a site for which a building permit has been issued for development of land as defined by the Municipal Land Use Law. Upon completion of the approved project, such trailer or other modular structure shall be removed from the site unless specifically authorized by site plan and/or subdivision application approval by the Edison Township Planning Board. No trailer or modular structure not permanently affixed to the ground shall be permitted unless approval is granted in accordance with the Subdivision and Site Plan Regulations, Chapter
36. Trailers or modular buildings used as an accessory building must be approved in accordance with the Subdivision and Site Plan Regulations, Chapter
36. This section does not apply to recreation or house-type trailers.
[1999 Code § 17.08.150]
a. All decks or patios as described in this chapter shall comply with accessory building yard requirements for accessory buildings and with lot coverage regulations as set forth in the schedule in Section
37-63, except that for the purposes of this chapter, decks in the R-AA, R-A, R-A(PRD), R-BB and R-B zone districts shall have their own lot coverage requirements, separate and apart from the requirements for lot coverage as set forth in Section
37-63 and the schedule attached thereto. The following maximum lot coverage requirements in the R-AA, R-A, R-A (PRD), R-BB and R-B zone districts shall apply to decks:
Zone District
|
Maximum Deck Lot Coverage
|
---|
R-AA
|
2%
|
R-A
|
3%
|
R-A [PRD]
|
3%
|
R-BB
|
3%
|
R-B
|
4%
|
[1999 Code § 17.08.170]
Pools shall be located in conformance with the side yard requirements
of the principal structure and shall be located no less than twenty
(20) feet from the rear lot line in the R-AA and R-A zones. In the
R-BB and R-B zones, no pool shall be located less than six (6) feet
from any side or rear lot line. No pools shall be located in the required
front yard area.
[1999 Code § 17.08.180]
Such uses shall be located on a tract of land of no less than
five (5) acres; and further provided that for each one hundred (100)
students permitted by license of New Jersey Department of Institutions
and Agencies or New Jersey Board of Education, an additional one (1)
acre shall be required.
[1999 Code § 17.08.190]
No structure used for the feeding, care and housing of hoofed
animals shall be located within seventy-five (75) feet of a property
line.
[1999 Code § 17.08.200]
All construction, alteration or enlargement of nonresidential
structures or multifamily structures shall require a planted buffer
area when such use adjoins single-family dwellings. The purpose of
the buffer area is to provide a visual screen to separate the impacts
of nonresidential use and/or disproportionate building bulk to adjoining
single-family residents. The buffer area may consist of preservation
of existing natural mature plant growth, new plant materials, fencing
or any combination of the same to ensure proper separation of one
use from the other. This regulation shall apply to all districts unless
specifically regulated elsewhere by zone district.
[1999 Code § 17.08.210]
a. Definitions. As used in this chapter:
GATHERING LINE
Means a pipeline that transports gas from a current production
facility to a transmission line or main.
PIPELINE
Means any conduit through which natural gas, petroleum, oxygen
or other flammable or combustible products or any of their products
is conveyed or intended to be conveyed. The definition of "pipeline"
shall include compressor plants and other facilities integrated with
pipeline operations.
SERVICE LINE
Means a distribution line that transports natural gas from
a common source of supply to a customer meter or the connection to
a customer's piping, whichever is farther downstream, or to the connection
to a customer's piping if there is not a customer meter. The "customer
meter" is the meter that measures the transfer of gas from an operator
to a customer.
TRANSMISSION LINE
Means a pipeline subject to pressures of one hundred twenty-five
(125) or more pounds per square inch gauge, other than a gathering
line, that:
1.
Transports gas from a gathering line or storage facility to
a distribution line in a storage facility to a distribution center
or storage facility;
2.
Operates at a hoop stress of twenty (20%) percent or more of
SMYS (specified minimum yield strength);
3.
Transports gas within a storage field.
b. No building or land disturbance shall be permitted within seventy-five
(75) feet of any distribution, gathering or transmission line, as
defined in paragraph a. above.
c. No building or structure or part thereof which is used for the manufacturing,
processing, generation or storage of corrosive, highly toxic, oxidizing,
pyrophoric, water-reactive, highly combustible, flammable or explosive
materials that constitute a high fire, explosion or health hazard,
including loose, combustible fibers, dust and unstable material, shall
be constructed within one hundred twenty-five (125) feet of any distribution,
gathering or transmission line.
d. Exceptions and Exemptions. This subsection shall not apply to:
1. Any building, land disturbance or construction involved in the crossing
of a pipeline to provide access to a property when no other reasonable
access is permitted and the crossing of a pipeline to provide utility
services to a parcel of land;
2. Any work done to any building, land disturbance or construction on
a pipeline by or on behalf of the owner or operator of any pipeline.
e. The approving board may permit the encroachment upon the buffer area
provided for in this subsection upon a demonstration that the strict
application of this section would result in particular and exceptional
practical difficulties or undue hardship caused by reason of exceptional
narrowness, shallowness or shape of the property or by reason of exceptional
topographic conditions or physical features uniquely affecting a property
or by reason of extraordinary and exceptional situations uniquely
affecting a property or the structures lawfully existing thereon.
[1999 Code § 17.08.220]
a. In accordance with N.J.S.A. 40:55D-66.1, no community residence for
the developmentally disabled and no shelter for victims of domestic
violence shall house more than six (6) persons, excluding resident
staff, unless a conditional use permit has been issued by the Planning
Board for the use or conversion to use of a dwelling unit to such
a community residence or shelter.
b. An applicant for a conditional use permit shall file an application for development which shall be the subject of a public hearing at the Planning Board following the required notice and service requirements of an application for development as more particularly set forth in Sections
39-12.5 and
39-12.6. In each case, the decision of the Planning Board shall be reasonably related to the health, safety and welfare of the residents of the zoning district in which the proposed use is to be located. Before granting such a conditional use permit, the Planning Board shall make specific findings of fact including, but not limited to the following:
1. The proposed area shall be sufficient for the intended purpose;
2. Adequate parking facilities shall be provided;
3. Means of ingress and egress shall be adequate to prevent traffic
hazard, congestion or excessive interference with normal traffic movement
on adjacent public streets and thoroughfares;
4. The building and use shall be appropriately located and designed
and will meet a community need without adversely affecting the neighborhood;
5. In accordance with N.J.S.A. 40:55D-66.2, no more than fifteen (15)
persons other than resident staff shall be permitted in the residence;
6. The applicant shall satisfy the Planning Board as to the adequacy
of all items required in an application for site plan approval, including
but not limited to, drainage, illumination, sewerage, landscaping
and all other items required for site plan approval.
[1999 Code § 17.08.230]
All uses and activities shall comply with performance standards
as set forth in this subsection.
a. General Intent. As a condition to approval and as a condition to
continuance of any building, process, installation, production or
other use in an industrial district, the applicant shall supply evidence,
satisfactory to the Planning Board or to its designated representative,
that the proposed building, process, installation, production or other
use will conform fully to all the applicable performance standards.
As evidence of compliance, the Board may require certification of
tests by appropriate government agencies or by recognized testing
laboratories, any costs to be borne by the applicant. The Planning
Board may require that specific types of equipment, machinery or devices
be installed or require specific operating procedures or methods in
order to assure compliance with the applicable performance standards.
b. Liquid Wastes. No liquid waste shall be discharged into any watercourse
in the municipality.
c. Industrial Waste. No industrial waste shall be discharged into the
public sewage collection and disposal system unless the appropriate
officials of the Township sewer utility or Middlesex County Sewerage
Authority, whichever has jurisdiction, shall have first investigated
the character and volume of such waste and shall have certified that
it will accept the discharge of the waste material into the system.
The applicant shall comply with any requirements of the utility, including
the pretreating of such wastes, control of pH and other methods of
improving such wastes prior to discharge, as a condition to acceptance
by the utility.
d. Noise and Vibration. All uses and activities shall comply with applicable
noise and vibration standards of the State and Federal government,
provided that no use shall cause an increased vibration beyond the
limits of the property on which it is located nor increase the ambient
noise levels present at boundaries of the site nor cause intermittent
or point audible noise or noise vibration to adversely impact adjoining
property.
e. Heat. No process or use shall be permitted that produces heat to
the extent that the temperature has an adverse effect of any kind
upon adjoining properties and uses.
f. Glare. Any process producing intense glare or flashing of lights
shall be performed within a completely enclosed building in such manner
that no discomfort glare shall be disseminated beyond the building.
No sky-reflected or indirect glare shall be permitted if any operation
is to be conducted in any area outside of a building except where
required for safety purposes. Lighting of any interior roadway or
driveway shall conform to American Standard Practice for Roadway Lighting,
ASAD 12.1-1963, sponsored by the Illuminating Engineering Society
and published by the United States American Standards Institute. Lighting
of any parking area or of any loading and unloading area shall conform
to the strictest standards described in Recommended Practice for Outdoor
Parking Area Lighting, published by the Illuminating Engineering Society,
with spacing and type of luminaire such that spill light shall be
kept at a minimum objectionable glare to any point beyond the lot
line. Parking and loading and unloading areas that are in use after
dark shall be so situated as to provide maximum shielding and concealment
of lighting from adjoining properties. Lighting of any sign, building
exterior, fountain or decorative fixture shall be placed in such a
manner that it is directed toward the object to be lighted and does
not disseminate glare. The subsection shall not be construed to prohibit
lighting required by police or other enforcement agencies for the
safety and protection of employees and of the general public.
g. Additional Standards and References. In order to satisfy itself that
the applicant will comply fully with all of the applicable performance
standards, the Planning Board or its designated representative may
examine and refer to any or all of the available standards, codes,
regulations and requirements of Federal, State, County, this Township
and recognized professional organizations, associations and societies.
h. Testing Procedures and Technical Assistance. In all cases where the
Planning Board shall deem it advisable to determine whether or not
the facility will be in conformity with the applicable performance
standards or other provisions of this chapter, the Planning Board
or its designated representatives shall require adequate testing procedures
and shall utilize the expert assistance at the expense of the applicant.
[1999 Code § 17.08.240]
a. In all single-family residential developments, no dwelling shall
be similar, alike, coincide or the same in architectural appearance
as any other dwelling within that development, or within three hundred
(300) feet [sight outside] of that dwelling [development].
b. The proposed residential unit shall be of such character, quality
or architectural design and construction materials as will assure
that the proposed structure will be in keeping with the general character
of the neighborhood in which it is located, and that the proposed
structure will have a harmonious visual relationship with the neighboring
residential structures.
c. The floor plans of the affected dwellings need not be different,
however, the dwellings shall differ substantially in the following
features:
1. Orientation of house on the lot (e.g., garage location);
2. Landings, porches or other prominent ornamentation on street façade;
3. Color of all exterior wall veneers to include but not be limited
to siding, stucco and brick;
4. The relative location or type of windows and doors on street elevation;
5. Color and design of front entry doors;
6. Color and design of window treatments, such as shutters, keystones,
arches and panels;
7. The type of pitch of roof, including roof lines and roof appurtenances
such as dormers, parapet, belfries, skylights and roof windows;
8. The type of roofing material, or the color thereof, or the pattern.
d. Reversing the layout of the same dwelling without substantial architectural
changes as set forth above does not satisfy the requirements of this
subsection.
e. A building permit will be denied to a proposed development consisting
of two (2) or more houses where the proposed development will create
a building or buildings of such dissimilar character and appearance
to those prior existing structures and/or buildings as to destroy
the character of the existing neighborhood.
f. In a multi-unit development, there shall be a minimum of two (2)
models of dwellings that differ in layout as it refers to footprint,
setbacks, elevation, perimeter and room configuration.
g. In any proposed development of two (2) or more attached or detached
single-family homes, there shall be a variety of separate basic house
designs. In no event shall there be less than the following separate
basic designs:
Total Number of Houses in the Development
|
Minimum Number of Separate Basic House Designs
|
---|
2-10
|
2
|
11-20
|
3
|
21-30
|
4
|
31-40
|
5
|
41 and over
|
5 plus 1 additional basic house design for every additional
25 housing units
|
h. Architectural plans shall be submitted when applying for a zoning
permit for appropriate review by the Zoning Officer to determine compliance
with this subsection.
[Ord. No. O.1969-2017]
a. Mobile temporary storage units shall be permitted on private property
provided that:
1. No temporary storage unit or units shall be permitted on any private
property in the Township for greater than thirty (30) consecutive
days without a zoning permit, nor shall a temporary storage unit or
units be permitted on a private property for a period of time to exceed
ninety (90) days per three hundred sixty (360) day period;
2. Temporary storage units shall not obstruct the free flow of pedestrian
or vehicular traffic and shall not be located within a public right-of-way;
and
3. Temporary storage units shall not contain advertising or any other
writing, except to identify the manufacturer or owner of the mobile
temporary storage units.
b. All private property owners in the Township seeking to maintain a
temporary storage unit or units upon private property for greater
than thirty (30) days, but in no case greater than ninety (90) days
per three hundred sixty (360) day period, shall first obtain a zoning
permit which shall dictate the location of a temporary storage unit
or units on a property, and which shall also take into account the
accessibility, safety and aesthetics of the temporary storage unit
or units in relation to the subject private property.
[Ord. No. O.1938-2016; Ord. No. O.1969-2017]
No exception shall be made from the Chapter
37, section
37-4, "General Design and Use Regulations" unless the proposed waiver is reasonable and within the general purposes and intent of the Chapter
37 and/or the Code, and/or that literal enforcement of Chapter
37 and/or the Code is impractical and will exact undue hardship because of the peculiar conditions pertaining to a certain property and can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Township's Master Plan and Zoning Ordinances and redevelopment plan if applicable.
[Added 8-19-2021 by Ord. No. O.2112-2021]
[Added 8-19-2021 by Ord. No. O.2112-2021]
As used in this section, the following terms shall have the
meanings indicated:
CANNABIS
Means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in N.J.S. 2C:35-2 and applied to any offense set forth in chapters
35, 35A, and
36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
CANNABIS CULTIVATOR
Means any licensed person or entity that grows, cultivates,
or produces cannabis in this State, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
CANNABIS DELIVERY SERVICE
Means any licensed person or entity that provides courier
services for consumer purchases of cannabis items and related supplies
fulfilled by a cannabis retailer in order to make deliveries of the
cannabis items and related supplies to that consumer, and which services
include the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
CANNABIS DISTRIBUTOR
Means any licensed person or entity that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities. This person or entity shall hold
a Class 4 Cannabis Distributor license.
CANNABIS ESTABLISHMENT
Means a cannabis cultivator, a cannabis distributor, a cannabis
manufacturer, a cannabis wholesaler, a cannabis retailer, or a cannabis
delivery service.
CANNABIS EXTRACT
Means a substance obtained by separating resins from cannabis
by:
a.
A chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane, or propane;
b.
A chemical extraction process using the hydrocarbon-based solvent
carbon dioxide, if the process uses high heat or pressure; or
c.
Any other process identified by the Cannabis Regulatory Commission
by rule or regulation.
CANNABIS ITEM
Means any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22
et al.); or hemp or a hemp product cultivated, handled, processed,
transported, or sold pursuant to the "New Jersey Hemp Farming Act,"
P.L. 2019, c. 238 (C. 4:28-6 et al.).
CANNABIS MANUFACTURER
Means any licensed person or entity that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license."
CANNABIS PRODUCT
Means a product containing usable cannabis, cannabis extract,
or any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include:
a.
Usable cannabis by itself; or
b.
Cannabis extract by itself; or
c.
Any other cannabis resin by itself.
CANNABIS RESIN
Means the resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using non-chemical processes, processed and used in accordance with State Law. "Cannabis resin" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); hashish as defined in N.J.S. 2C:35-2 and applied to any offense set forth in chapters
35, 35A, and
36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
CANNABIS RETAILER
Means any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers, cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
CANNABIS WHOLESALER
Means any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
COMMISSION
Means the Cannabis Regulatory Commission established pursuant
to section 31 of P.L.2019, c.153 (C.24:6I-24).
CONDITIONAL LICENSE
Means a temporary license designated as either a Class 1
Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license,
a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor
license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis
Delivery license that allows the holder to lawfully act as a cannabis
cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service as the case may be,
which is issued pursuant to an abbreviated application process, after
which the conditional license holder shall have a limited period of
time in which to become fully licensed by satisfying all of the remaining
conditions for licensure which were not required for the issuance
of the conditional license.
CONSUMER
Means a person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
CONSUMPTION
Means the act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
DELIVERY
Means the transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
LICENSE
Means a license issued by the State, including a license
that is designated as either a Class 1 Cannabis Cultivator license,
a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler
license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis
Retailer license, or a Class 6 Cannabis Delivery license. The term
includes a conditional license for a designated class, except when
the context of the provisions of the Public Laws of the State otherwise
intend to only apply to a license and not a conditional license.
LICENSEE
Means a person or entity that holds a license issued by the
State, including a license that is designated as either a Class 1
Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license,
a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor
license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis
Delivery license, and includes a person or entity that holds a conditional
license for a designated class, except when the context of the provisions
of the Public Laws of the State otherwise intend to only apply to
a person or entity that holds a license and not a conditional license.
MANUFACTURE
Means the drying, processing, compounding, or conversion
of usable cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
MEDICAL CANNABIS
Means cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22
et al.).
PREMISES or LICENSED PREMISES
Includes the following areas of a location licensed under
the Public Laws of the State: all public and private enclosed areas
at the location that are used in the business operated at the location,
including offices, kitchens, rest rooms, and storerooms; all areas
outside a building that the Cannabis Regulatory Commission has specifically
licensed for the production, manufacturing, wholesaling, distributing,
retail sale, or delivery of cannabis items; and, for a location that
the commission has specifically licensed for the production of cannabis
outside a building, the entire lot or parcel that the licensee owns,
leases, or has a right to occupy.
PRODUCE
Means the planting, cultivation, growing or harvesting of
cannabis. "Produce" does not include the drying of cannabis by a cannabis
manufacturer, if the cannabis manufacturer is not otherwise manufacturing
cannabis.
USABLE CANNABIS
Means the dried leaves and flowers of the female plant Cannabis
sativa L., and does not include the seedlings, seeds, stems, stalks,
or roots of the plant.
[Added 8-19-2021 by Ord. No. O.2112-2021]
a. Any business duly licensed by the State of New Jersey to conduct
legal adult use cannabis operations, as defined by State law, may
operate within the noted zones so long as:
1. The entity maintains its State license in good standing; and
2. The entity otherwise remains in full compliance with the laws and
regulations established by the State of New Jersey and the Cannabis
Regulatory Commission, as may be amended.
b. Any licensed Cannabis Establishment shall provide a copy of its license
issued by the Commission to the Police Department and Health Department
no later than 30 days prior to the commencement of any operations.
A licensed Cannabis Establishment shall insure that a current license
is on file with the Police Department and Health Department at all
times. A copy of the current license issued by the Commission shall
be posted within the licensed Cannabis Establishment at all times
at a location readily visible by any and all patrons of the facility.
c. No licensed retail cannabis business shall be located in or upon
any premises in which a grocery store, delicatessen, indoor food market,
or other store engaging in retail sales of food operates, or in or
upon any premises in which a store that engages in licensed retail
sales of alcoholic beverages operates within the Township.
d. No License to operate within the Township shall be granted or renewed
without such evidence as may be required by the Township Clerk's Office
to determine that the entity maintains all valid State and/or Departmental
licenses and approvals, and that all such licenses and/or approvals
remain in good standing at the time of registration.
[Added 8-19-2021 by Ord. No. O.2112-2021]
Cannabis Establishments are a permitted use in the Township,
in accordance with all applicable provisions set forth herein, state
law, and all other applicable codes and regulations, including but
not limited to the Building Code, in the following area:
a. The area southeast of Woodbridge Avenue between Amboy Avenue and
Mill Road except for areas zoned for any class of residential use
or within 1000' of any area zoned for any class of residential use
and as otherwise restricted in this ordinance or by State law.
[Added 8-19-2021 by Ord. No. O.2112-2021]
Cannabis Establishments are a prohibited use in all other Township
Zoning Districts.
[Added 8-19-2021 by Ord. No. O.2112-2021]
a. There shall be no on-site sales of alcohol or tobacco products, and
no on-site consumption of food, alcohol, tobacco, or cannabis by patrons.
b. Hours of public operation shall be limited to 9:00 a.m. to 7:00 p.m.
daily.
c. No persons under the age of twenty-one (21) shall be allowed in a
licensed Cannabis Establishment.
d. For any licensed cultivation, processing, or similar operation, the
facility shall provide an air treatment system with sufficient odor
absorbing ventilation and exhaust systems such that any odors generated
inside the facility are not detectable by a person of reasonable sensitivity
anywhere on adjacent property, within public rights of way, or within
any other unit located within the same building as the licensed facility
if the use only occupies a portion of a building.
e. For any licensed cultivation, processing, manufacturing, or similar
operation, the facility shall provide for noise mitigation features
designed to minimize disturbance from machinery, processing and/or
packaging operations, loading, and other noise generating equipment
or machinery. All licensed facilities must operate within applicable
State decibel limitations.
f. To the extent not already required by the entity's State license,
all sites must be equipped with security cameras covering all exterior
parking and loading areas, points of entry, and interior spaces which
are either open to the public or used for the storage or processing
of cannabis products. Footage must be maintained for the duration
required under State law.
g. All licensed facilities must provide the Township Police Department
with access to security footage immediately upon request by the Department.
h. To the extent not already required by the entity's State license,
all licensed facilities must provide at least one security guard (or
more if required by the State) during all times the facility is open
to the public. At a minimum, the security guard shall be a State Certified
Security Officer whose certification is in good standing.
i. For any licensed cultivation operation, the facility must mitigate
lighting spillover into any residential neighborhoods, and must comply
with all applicable State lighting limitations.
j. No Cannabis Establishment shall be located within the following distances
from the specified land uses listed below:
1. 1,000 feet of property being used for a residential use or property
in a residential zoning district;
2. 1,000 feet of a licensed childcare facility or residential childcare
facility;
3. 1,000 feet of any elementary school, middle school, high school,
college or university either public or private;
4. 500 feet of a halfway house or correctional facility;
5. 500 feet of another cannabis business; or
6. 1,000 feet of any public park or house of worship.
k. Cannabis waste shall be stored, secured, and managed in accordance
with applicable state laws.
l. Display of Cannabis and Related Paraphernalia: Cannabis plants, products,
and paraphernalia shall be screened from view from any exterior windows.
[Added 8-19-2021 by Ord. No. O.2112-2021]
a. No State licensed cannabis business shall display signage containing
text and/or images intended to promote excessive consumption of legal
cannabis products.
b. Signage shall otherwise comply with the requirements of the Township
Land Use Regulations to the extent permissible by applicable State
laws and regulations governing signage standards for licensed cannabis
businesses.
c. No State licensed cannabis business shall place or cause to be placed
any off-site advertising signage.
[Added 8-19-2021 by Ord. No. O.2112-2021]
The Health Department, the Zoning Official, the Police Department,
and the Fire Department shall, from time to time, make an inspection
of the Cannabis Establishment for the purpose of determining whether
the provisions of this section are complied with. It shall be unlawful
for any Cannabis Establishment to refuse to allow such inspection
or to hinder such an inspection.
[Added 8-19-2021 by Ord. No. O.2112-2021]
Any person violating any provision of this section shall, upon conviction be subject to the applicable disciplinary actions and penalties as established at Chapter
1, §
1-5, General Penalty, of the Township Code.
[1999 Code § 17.12.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-family detached house;
b. Church, synagogue or other place of worship, including parish house
and school buildings, provided that the lot has a minimum area of
three (3) acres and a width of two hundred (200) feet and further
that no accessory use shall be located within twenty-five (25) feet
of a lot line;
c. Private nonprofit school approved by the State of New Jersey, provided
that said use is located on a lot of three (3) acres or more and has
direct access to a street classified as other than a local access
street in the Master Plan of Edison Township;
d. Private golf courses, provided that the lot has a minimum area of
one hundred (100) acres and that no structure or parking area is located
within one hundred (100) feet of a lot line.
[1999 Code § 17.12.020]
Accessory uses usually incidental to the above uses, including
but not limited to those specified below. The term "accessory use"
shall not include a business nor any building or unit not located
on the same lot with the principal building to which it is accessory.
a. Private garages, carports and parking areas;
b. Private swimming pools erected in accordance with applicable Township
ordinances and tennis courts;
c. Outdoor barbecue structures and storage sheds;
d. Animal shelters for domestic pets;
e. Private stables, provided that the plot or lot contains an area of
not less than three (3) acres.
[1999 Code § 17.12.030]
Private membership recreation facility offering activities limited
to swimming, tennis, racquetball and handball courts, but not to include
commercial use such as banquet hall restaurants open to the general
public, etc., provided that:
a. The use is located on a lot of not less than five (5) acres in size;
b. A planted buffer area of not less than twenty-five (25) feet in depth
and fencing, or both, shall be required between all parking areas,
picnic areas, playfields and buildings and the adjacent lot lines.
This provision may be waived if natural topography, wetlands or other
natural or man-made features adequately separate the above from adjoining
residentially zoned land;
c. No building shall be located within seventy-five (75) feet of any
lot line nor have a total floor area of more than ten (10%) percent
of the lot area, nor shall any building exceed two (2) stories or
twenty-five (25) feet in height.
[1999 Code § 17.12.040]
As specified in the schedule of regulations Section
37-63.
Variable Lot Size Provision. In a major subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that the lots may have areas of not less than thirty thousand (30,000) square feet each and widths of not less than one hundred twenty-five (125) feet if a sufficient number of the remainder of the lots are increased in area so that the average lot size will be not less than forty thousand (40,000) square feet. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics, including topography of the land comprised in the subdivision, and determine that such variation in lot size will provide a better layout of the subdivision and a better use of the land for building sites that would a uniform lot size. The subdivider shall submit a plat map showing the development according to the requirements of the R-AA district as shown in the schedule, Section
37-63, and another plat map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development has proceeded on the basis of forty thousand (40,000) square feet per lot with a width of not less than one hundred fifty (150) feet.
[1999 Code § 17.12.060]
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60. Not more than twenty (20%) percent of the required front yard shall be paved for driveways and parking.
[1999 Code § 17.12.070]
Signs shall be permitted in conformance with Section
37-62.
[1999 Code § 17.20.010]
The following regulations are applicable in the R-A Residential
District:
No building, structure or premises shall be used, and no building
or structure shall be erected or structurally altered, except for
the following uses:
a. A single-family detached house;
b. A church, synagogue or other place of worship, including parish house
and school buildings, provided that the lot has a minimum area of
three (3) acres and a width of two hundred (200) feet, and provided
further that no accessory use shall be located within twenty-five
(25) feet of a lot line;
c. A private, nonprofit school approved by the State of New Jersey,
provided that said use is located on a lot of five (5) acres or more
and has direct access to a street classified as other than a local
access street in the Master Plan of Edison Township;
d. Private golf courses, provided that the lot has a minimum area of
one hundred (100) acres and that no structure or parking area is located
within one hundred (100) feet of a lot line.
[1999 Code § 17.20.020]
a. Accessory uses shall be the same as in the R-AA district.
b. Home-based occupations, subject to the following:
1. No exterior alteration of the residential structure results which
shows existence of home-based occupation conducted in the residence.
2. No exterior signage shall be permitted other than as permitted in subsection
37-62.4h.
3. No more than one (1) full-time employee, in addition to a person(s)
residing at the site, shall be employed at the site.
4. No outdoor storage of materials, equipment, goods or products shall
be permitted.
5. No sale of goods and materials to the general public shall be permitted
at the site.
6. No more than twenty (20%) percent of the habitable floor space of
the dwelling shall be used exclusively for the conduct of a home-based
occupation.
[1999 Code § 17.20.030]
Conditional uses shall be the same as in the R-AA district, except that planned residential development permitting single-family dwellings shall be subject to standards and requirements set forth in subsection
37-11.1a.
[1999 Code § 17.20.040]
Height, area and yard requirements shall be as specified in the Schedule of Area, Yard and Building Regulations, Section
37-63.
[1999 Code § 17.20.050]
In a major subdivision application to which both public water and sewer service are to be provided, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that the lots may have areas of not less than fifteen thousand (15,000) square feet each and a width of not less than eighty-five (85) feet if a sufficient number of the remainder of the lots are increased in area so that the average lot size will be not less than twenty thousand (20,000) square feet. The Planning Board, in passing on such plat, shall consider the physical and structural characteristics, including the topography of the land comprised in the subdivision, and determine that variation in lot size will provide a better layout of the subdivision and a better use of land for building sites than would a uniform lot size. The subdivider shall submit a plat map showing the development according to the requirements of the R-A district as shown in the schedule, Section
37-63, and another plat map showing the development as modified in accordance with this section. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development has proceeded on the basis of twenty thousand (20,000) square feet per lot with a width of not less than one hundred (100) feet.
[1999 Code § 17.20.060]
In order to preserve and protect natural woodlands and waterways,
and further to afford open space area available to future residents
and concurrent with residential development in a major subdivision
to which both public water and sewer service are to be provided, the
lot size of one or more lots may be less than twenty thousand (20,000)
square feet and have a width of lot of less than one hundred (100)
feet, but in no event shall any lot be less than fifteen thousand
(15,000) square feet in area and have a width of lot of less than
eighty-five (85) feet, if the following conditions and regulations
are met:
a. Plat Map. The subdivider shall submit a plat map showing the development
according to the requirements of the R-A district and another plat
map showing the development as modified in accordance with this subsection.
b. Approval. If lands are proposed to be dedicated to the Township or
homeowners' association, the Planning Board shall condition final
approval upon acceptance of such land by the Township Council or establishment
of a homeowners' association, as the case may be.
c. Dedication. All open space areas of the tract being subdivided shall
be dedicated and conveyed by the owner, in fee simple absolute, by
a good and sufficient deed.
d. Application Requirement. All approvals for such major subdivisions as permitted hereunder, together with the standards of dedication and sanitary approval, shall be in accordance with Chapter
36, Subdivisions and Site Plans.
e. Yard Modification. Yard depths shall be reduced by one (1) foot for
each one thousand (1,000) square feet of lot area less than twenty
thousand (20,000) square feet.
[1999 Code § 17.20.070]
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[1999 Code § 17.20.080]
Signs shall be permitted in conformance with Section
37-62.
[1999 Code § 17.20.090]
Any and all provisions of the Subdivision and Site Plan Regulations, Chapter
36, shall constitute the collective development regulations of planned residential development options.
a. Intent and Purpose. The planned residential development intent and
purposes are:
1. To provide for necessary educational and recreational facilities
conveniently located to such housing;
2. To encourage innovations in residential development so that the growing
demands of the population may be met by greater variety in type, design
and layout of buildings and by the conservation and more efficient
use of open space auxiliary to such buildings;
3. To provide greater opportunities for better housing and recreation,
conveniently located to each other;
4. To encourage a more efficient use of land and of public services,
private services in lieu thereof;
5. To lessen the burden of traffic on streets and highways;
6. To encourage builders to incorporate land;
7. To provide a procedure which can relate the type, design and layout
of residential development to the particular demand for housing and
other facilities including the foregoing at the time of development
a manner consistent with the preservation of the property values within
established residential areas to insure that the increased flexibility
of substantive regulations over land development authorized herein
is subject to such administrative standards and procedures as shall
encourage the disposition of proposals for land development.
b. Location of Planned Residential Development. The provision of this
subsection shall apply only to the RA(PRD) district wherein planned
residential development options are permitted.
c. Development Application Filing Procedure.
1. An applicant may request an informal review of application by the
Board. No fee shall be charged for the review, and no written report
from the Board or its technical or professional advisors shall be
provided.
2. Filing Application. The applicant shall pay all fees and file copies
of plans with the Planning Board. Plans shall be reviewed by technical
and professional advisors of the Board and report to the Board. The
Board, within forty-five (45) days of filing of the application, shall
determine by resolution whether or not the plans are complete as per
N.J.S.A. 40:55D-1 et seq. The Board, after determination that the
application is complete, shall schedule a public hearing and act upon
said application in accordance with law. All planned residential development
applications shall be made as a simultaneous major site plan and subdivision
application.
d. Permitted Uses. Uses permitted in a planned residential development
may include and shall be limited to:
1. Detached single-family dwellings and accessory structures thereto;
2. Attached single-family dwellings and accessory structures thereto.
For purposes of this section no more than one (1) dwelling shall be
located on a lot and no more than two (2) dwellings shall be attached
one to another; and further provided, that the word "attached" means
common bearing wall(s) and foundation(s) but shall not be construed
to include fencing, decks or other architectural appurtenances as
connecting structural parts;
3. Accessory uses shall be limited to customary and incidental uses
and structures to single-family dwellings; accessory uses shall not
include home offices or occupations.
e. Development Schedule.
1. Planned residential development applications shall comply with the
applicable standards hereafter and all other applicable standards
of this chapter.
2. Development Standards.
(a)
Minimum acres: forty (40) acres. [The minimum required area
shall include only lands adjacent or contiguous to each other under
single or combined ownership and located entirely within the R-A (PRD)
District.]
(b)
Maximum gross density: four and five-tenths (4.5) acres. [Gross
density shall be calculated by dividing the total number of proposed
lots by the total acreage of the development application.]
(c)
Minimum lot size for detached single-family dwelling: eight
thousand five hundred (8,500) square feet.
(d)
Minimum lot width for single-family detached dwelling: eighty
(80) feet.
(e)
Minimum lot size for attached single-family dwellings: six thousand
(6,000) square feet.
(f)
Minimum lot width for attached single-family dwellings: fifty-five
(55) feet.
(g)
Minimum/maximum percentage of single-family detached homes to
total homes: thirty-five (35%) percent/sixty-five (65%) percent.
(h)
Minimum/maximum percentage of single-family attached homes to
total homes: thirty-five (35%) percent/sixty-five (65%) percent.
(i)
Minimum percentage open space: five (5%) percent.
Minimum required open space and public area shall include all
lands, whether to be in common open space, public facility areas or
public areas. Required open space lands shall not include yard areas
of lots in private individual ownership, land area within the right-of-way
of a public or private street and land area between walkways or sidewalks
and buildings wherein the principal use of said lands is to provide
for pedestrian traffic to and from buildings and parking lots.
f. Development Regulations for Single-Family Detached Homes.
1. The lot size and all other development standards of an adjacent residential
zone shall be the minimum standards of development of any lot(s) created
within a planned residential development which is adjacent to a residential
zone boundary.
2. No lot shall front an existing or proposed street classified as other
than a local access street in the adopted Master Plan of Edison Township.
3. Except as required above and provided herein, the minimum development
standards for lots shall be as set for the R-B district except that
lot sizes may be varied not to exceed thirty-five (35%) percent of
total lots and that no lots shall have an area of seven thousand five
hundred (7,500) square feet or less and provided that an equal number
of lots shall exceed eight thousand five hundred (8,500) square feet.
4. No detached accessory structures shall be permitted.
5. Floor plans and building elevations shall be submitted of all proposed
housing types.
6. Typical landscaping plans shall be required.
g. Development Regulations for Single-Family Attached Homes.
1. No lot proposed to be developed for an attached single-family dwelling
shall be adjacent or contiguous to a lot located in the R-A district.
2. No more than two (2) single-family dwellings shall be attached one
to another.
3. The minimum yard-depth requirement shall be as follows:
(a)
Front yard depth: twenty (20) feet from a public street right-of-way
or twenty-five (25) feet from the curb of a private street.
(c)
One (1) side yard: fifteen (15) feet.
(d)
Rear yard: thirty-five (35) feet.
(e)
Maximum percentage of lot coverage by building(s): thirty-five
(35%) percent.
4. Accessory Structures.
(a)
No attached accessory structures shall have a floor area of
more than eighty (80) square feet or a height of more than ten (10)
feet.
(b)
No attached accessory structure shall extend more than six (6)
feet from the side wall of the principal dwelling to which attached,
and, further, such accessory structure shall comply with side yard
requirements for the principal structure.
(c)
Any attached accessory structure shall be of the same color
as the principal structure to which attached.
5. No structure shall exceed thirty (30) feet in height.
6. Floor plans and building elevations shall be submitted of all proposed
housing types.
7. Typical landscaping plans shall be required.
8. All attached single-family dwelling units shall be served by individual
driveways connected to a public or private street. The driveway shall
have a minimum surface area of one hundred sixty (160) square feet
and minimum width of eight (8) feet.
h. Density Modification. To encourage flexibility of housing density,
design and type intended, for a development proposed to be developed
over a period of years, deviations may be authorized from the density
or intensity of use established for the entire planned development.
The Planning Board may allow for a greater concentration of density
or intensity of land use within a section or sections of the development,
whether it be earlier or later in the development, than upon others.
The approval of the Planning Board of a greater concentration of density
or intensity of land use for any section to be developed must be offset
by a smaller concentration in any completed prior stage, or there
must be an appropriate reservation on the remaining land by a grant
of easement or covenant in favor of the municipality.
i. Open Space Regulations.
1. In reviewing applications for a planned residential development the
Planning Board will require evidence that adequate open space in appropriate
locations will be available.
2. Open space must have safe and convenient pedestrian access.
3. The applicant must consult with the Planning Board early in the design
stage to ascertain open space requirements. Such open space shall
consist of any combination of common space, public open space and
public areas.
4. Common Open Space. The landowner shall provide for the establishment
of an organization for the ownership and maintenance of any common
open space and such organization shall be established and regulated
by all applicable standards and conditions of State statute.
j. Roadway Standards.
1. All existing roads and proposed roads to be dedicated shall be improved
and/or constructed in accordance with the Township subdivision standards.
2. The right-of-way and pavement widths for improvement of private ways,
roads and alleys shall be determined from sound planning and engineering
standards in conformity to the estimated needs of the full development
proposed and the traffic to be generated thereby and shall be adequate
and sufficient in size, location and design to accommodate the maximum
traffic, parking and loading needs and the access of fire fighting
equipment and police vehicles. Internal private roads shall have a
required pavement width as follows:
(a)
Two-way traffic roads: thirty (30) feet paved width, and the
right-of-way width of said streets shall be a minimum of fifty (50)
feet.
(b)
Sidewalks shall be at least three (3) feet in width. Service
ways for public service and emergency vehicles shall be no less than
fifteen (15) feet in width.
k. Development Staging. As a condition to preliminary approval of the
planned residential development plan, the Board may permit the implementation
of the plan in whole or in sections or in stages consisting of one
(1) or more sections or stages, under the sequence of actions determined
as a part of the planned residential development district plan. Such
sections or stages shall be:
1. Substantially functionally self-contained and self-sustaining with
regard to access, parking utilities, open spaces and similar physical
features and shall be capable of substantial occupancy, operation
and maintenance upon completion of construction and development;
2. Properly related to other services of the community as a whole and
to those facilities and services yet to be provided in the full execution
and implementation of the planned residential development district;
3. Provided with such temporary or permanent transitional features,
buffers or protective areas as the conditions of ownership and maintenance
may require to prevent damage or detriment to any completed section
or stage, to other sections or stages and to adjoining properties
not in the planned development. Plans and specifications of such sections
or stages are to be filed with the Board and are to be of sufficient
detail and at such scale as to fully demonstrate the arrangement and
site locations of all structures, primary and accessory land uses,
parking, landscaping, public and private utilities and services facilities
and land ownership conditions.
l. Improvement Guarantees.
1. Before consideration of final approval or, as a condition of the
preliminary approval, the applicant shall have installed the improvements
specified as part of the conditions of preliminary approval, or the
Board shall require the posting of adequate performance guarantees
to assure the installation of the required improvements or the conditions
approved as part of the preliminary approval.
2. Improvement. Prior to the granting of final approval, the applicant
shall have installed or shall have first post-performance guarantees
for the ultimate installation of all improvements required.
m. Enforcement and Modification of Development Plan. To further the
mutual interest of the residents and owners of the planned residential
development and of the public in the preservation of the integrity
of the plans finally approved, and to secure that modifications, if
any, in the plans shall not impair the reasonable, reliance of the
residents and owners upon the provisions of the plan, nor result in
changes that would adversely affect the public interest, the enforcement
and modification of the provisions of the plan as finally approved,
whether recorded by plat, covenant, easement or otherwise, shall be
subject to the following provisions:
1. Enforcement by the Township of the provisions of the plans relating
to the use of land and the use, bulk and location of buildings and
structures; to the quality and location of common open space; and
to the intensity of use or the density of residential units shall
run in favor of the Township and shall be enforceable in law or in
equity by the Township without limitation of any powers or regulation
otherwise granted the Township by law.
2. Provision of the plans shall run in favor of the residents of the
planned development, but only to the extent expressly provided in
the plans and in accordance with the terms of the plans, and to that
extent the provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced at law or equity by the residents and
owners, acting individually, jointly or through an organization designated
in the plans to act on their behalf; provided, however, that no provisions
of the plans shall be implied to exist in favor of residents and owners
of the development except as to those portions of the plans which
have been finally approved and have been recorded.
3. Modification of the Plan by the Township. All those provisions of
the plans authorized to be enforced by the Township under paragraph
m1 above may be modified, removed or released by the Township (except
grants or easements relating to the service or equipment of a public
utility), subject to the following conditions:
(a)
No such modification, removal or release of the provisions of
a plan by the Township shall affect the rights of the residents and
owners of the developments to maintain and enforce those provisions,
at law or equity, as provided above.
(b)
No modification, removal or release of the provisions of a plan
by the municipality shall be permitted except upon a finding by the
Board following a public hearing called and held in accordance with
law, that the same is consistent with the efficient development and
preservation of the entire development, does not adversely affect
either the enjoyment of land abutting upon or across a street from
the development or the public interest, and is not granted solely
to confer a special benefit upon any person.
4. Modification by the Residents. Residents and owners of a development
may, to the extent and in the manner expressly authorized by the provisions
of the plan, modify, remove or release their rights to enforce the
provisions of the plan, but no such action shall affect the right
of the Township to enforce the provisions of the plan.
n. Contents of Application. In addition to the requirements for subdivision
and site plan map submission, a planned residential development application
shall include such information as is reasonably necessary to disclose
the following:
1. The location, district and size of the site and the nature of the
landowner's interest in the land to be developed;
2. The type of land use to be allocated to parts of the site to be developed;
3. The location and size of any open space;
4. The use and the approximate height, bulk and location of buildings
and other structures;
5. The feasibility of proposals for the disposition of sanitary waste
and stormwater, and for the provision of other utilities and services
such as water supply and solid waste disposal;
6. The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures
including proposed easements or grants for public utilities;
7. The provisions for the parking of vehicles and the location and width
of proposed streets and public ways;
8. In the case of plans which call for development over a period of
years, a schedule showing the proposed times within which applications
for final approval of all sections of the development are intended
to be filed and the developer's financial responsibility;
9. A written statement by the landowner or any other entity having cognizable
interest in the land, setting forth the reasons why, in his or her
opinion, a planned residential development would be in the public
interest and would be consistent with the municipal statement of objectives.
[1999 Code § 17.24.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-family detached house;
b. Church, synagogue or other place of worship, including parish house
and school buildings, provided that the lot has a minimum area of
three (3) acres and a width of two hundred (200) feet, and further
that no accessory use shall be located within twenty-five (25) feet
of a lot line;
c. Private nonprofit school approved by the State of New Jersey, provided
that the use is located on a lot of three (3) acres or more and has
direct access to a street classified as other than a local access
street in the Master Plan of Edison Township;
d. Private golf courses, provided that the lot has a minimum area of
one hundred (100) acres and that no structure or parking area is located
within one hundred (100) feet of a lot line.
[1999 Code § 17.24.020]
Accessory uses shall be as permitted in the RA district.
[1999 Code § 17.24.030]
a. Same as permitted in the R-A district;
b. Nursing home, provided that such use fronts a street classified in
the adopted Master Plan of the Township as other than a local street,
and further provided that such use shall comply with the following
standards:
1. No building so used shall be closer than fifty (50) feet to any lot
line or street line nor closer than thirty (30) feet to any other
building on the same lot.
2. There shall be provided off-street parking of at least one (1) space
for each two (2) beds plus one (1) space for each staff member and
employee, based on the maximum number on duty at any one time. Off-street
parking areas shall be located at least thirty-three (33) feet from
any street line and at least ten (10) feet from any other lot line
and shall be suitably screened with landscaping.
3. Where appropriate to the welfare of adjoining properties, adequate
sound control measures and security control measures may be required.
These may include fencing and landscaping, as well as additional setbacks
from front lot lines.
4. The use shall comply with all State requirements.
5. Minimum site area shall be three (3) acres.
6. Maximum coverage of all buildings shall be twenty (20%) percent.
7. Maximum coverage of all buildings and pavement shall be thirty-five
(35%) percent.
[1999 Code § 17.24.040]
Height, area and yard requirements are as specified in the Schedule of Regulations, Section
37-63, except that where a lot is not served by a sanitary sewer facility, the minimum lot area shall be not less than twenty thousand (20,000) square feet.
[1999 Code § 17.24.060]
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[1999 Code § 17.24.070]
Signs shall be permitted in conformance with Section
37-62.
[1999 Code § 17.28.010; Ord. No.
O.1941-2016]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-family detached house;
b. Church, synagogue or other place of worship, including parish house
and school buildings, provided that the lot has a minimum area of
three (3) acres and a width of two hundred (200) feet and further
that no accessory use shall be located within twenty-five (25) feet
of a lot line;
c. Private nonprofit school approved by the State of New Jersey, provided
that the use is located on a lot of three (3) acres or more and has
direct access to a street classified as other than a local access
street in the Master Plan of Edison Township;
d. Private golf courses, provided that the lot has a minimum area of
one hundred (100) acres and that no structure or parking area is located
within one hundred (100) feet of a lot line;
e. Planned unit development, subject to standards and requirements set forth under subsection
37-13.6.
[1999 Code § 17.28.020; Ord. No.
O.1941-2016]
Accessory uses shall be as permitted in the RBB district.
[1999 Code § 17.28.030; Ord. No.
O.1941-2016]
a. Off-Street Parking.
1. Parking areas located on property in common ownership in a G-B, GB-H
or LB zone shall extend no more than one hundred (100) feet beyond
the zone boundary line of the RB district and adjoining commercial
zones cited above.
2. No off-street parking space or access driveways shall be located
within ten (10) feet of an adjacent residential lot line.
3. No access driveway shall extend from the parking area within the
residential zone to a public street right-of-way also located in the
residential zone.
4. A landscaped buffer area consisting of earth berm, evergreen plantings
of no less than six (6) feet in height or any combination of the foregoing
shall be required around the entire perimeter of the parking area.
5. No lighting shall be located within twenty-five (25) feet of a residential
lot line, and further, such lighting shall have a height of no greater
than twelve (12) feet.
[1999 Code § 17.28.050; Ord. No.
O.1941-2016]
Off-street parking, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[1999 Code § 17.28.060; Ord. No.
O.1941-2016]
Signs shall be permitted in conformance with Section
37-62.
[1999 Code § 17.28.070; Ord. No.
O.1941-2016; Ord. No. O.1953-2016]
a. Statement of Objectives.
1. It is the specific intent of this section to create a balanced development
composed of the integrated uses developed in accordance with an overall
Master Plan for the district.
2. It is recognized that the development of this zone and the development
of uses herein may take place over a long period of time, and further
that the development would be accomplished in steps or phases. It
is, nevertheless, the intent that all steps or phases and elements
of development shall be combined into one plan or master development
for the entire zone.
3. It is the intent to regulate the intensity of the permissible uses
and to afford a combination of uses to the extent that the entire
zone is developed as one (1) unit encompassing all those uses consistent
with the limitations of the area and a reasonable utilization of the
property and compatible with the Comprehensive Plan of this Township.
b. Permitted Uses. The following are permitted uses within a PUD subject
to development regulations as set forth hereinafter:
1. Commercial uses similar to, but not limited to, restaurants, health
spas, indoor recreation centers, inclusive of tennis, skating, handball
and swimming facilities, indoor theaters, department stores, drugstores,
clothing and shoe sales, gift shops, banks and delicatessens and personal
service uses, not including freestanding fast-food stores, as defined
in this chapter;
2. Motel and hotels, provided that the use shall have no less than one
hundred (100) rental rooms or suites, and further provided that the
use shall include restaurant and banquet facilities, meeting and conference
rooms, and that restaurant and meeting room space shall amount to
not less than twenty (20%) percent of the total floor area of the
motel/hotel;
3. Office buildings for professional, executive, administrative and
management purposes;
4. Television and radio studios;
5. Civic, cultural, educational or religious uses;
6. Private and public golf course;
7. Mid-rise residential structure(s) of not less than six (6) stories
and no more than nine (9) stories in height;
8. Apartment and garden apartments;
10. Single-family detached dwelling;
11. Public and semipublic facilities limited to church or other religious
facility, rescue squads and fraternal eleemosynary uses.
c. Accessory Uses: uses customary and incidental to the principal uses.
e. Height, Area and Bulk Requirements. For a planned unit development,
the following standards are established. The standards set forth in
this subsection apply to the entire development and not to subsequent
subdivision within the overall development. Individual uses and standards
regulating the density and intensity of use are set forth under paragraph
f. below.
1. Minimum Acreage for a PUD. The minimum land area shall be three hundred
fifty (350) acres. The minimum required area shall include only lands
adjacent or contiguous to each other under single or combined ownership
and located within the zone district specified. A street shall not
be construed to divide lands for purposes of this section.
2. Nonresidential Use Limits.
(a)
Commercial Uses. A retail service use center shall be permitted
subject to the following:
(1)
No center shall have a floor area of less than twenty-five thousand
(25,000) square feet nor greater than one hundred thousand (100,000)
square feet.
(2)
A center may consist of one (1) or more structures or may be
developed as part of midrise residential structure(s). In any event,
such center shall be planned, designed and constructed in such a fashion
to function as an integrated part of the entire planned unit development.
(b)
Office and Hotel Uses.
(1)
Such uses shall occupy not more than thirty (30%) percent or
sixty (60) acres, whichever the lesser, of the developable land area
of the PUD.
(2)
The floor area ratio of building(s) located upon the designed
tracts to be used for office and hotel use shall not exceed three
hundred thirty-three thousandths (0.333).
3. Open Space Requirement. The minimum percent of required open space
of the total area of the tract shall be forty (40%) percent of the
entire PUD tract.
4. Residential Density Standards and Limitations.
(a)
The maximum overall density of a PUD shall not exceed six (6)
dwellings per acre. The overall (gross) density shall be calculated
by the total number of proposed dwellings by the total acreage of
the PUD.
(1)
The net residential density of a PUD shall not exceed twelve
and five-tenths (12.5) dwellings per acre. This net density shall
be calculated by dividing the total number of proposed dwellings by
the total developable acres proposed for residential use in the PUD.
(2)
Developable land shall include all acreage of the PUD not classified
as floodway or as upland wetland preservation area. The delineation
of floodway and upland wetland preservation area shall be certified
by New Jersey Department of Environmental Protection and shown on
a map signed and sealed by a licensed land surveyor in the State of
New Jersey.
(b)
The permitted mix of the various residential uses shall be as
follows:
|
Percent of Total Units
|
---|
Housing Type
|
Minimum
|
Maximum
|
---|
Low-rise apartment units
|
0
|
70
|
Mid-rise units
|
0
|
30
|
Garden apartment units
|
0
|
50
|
Townhouse units
|
0
|
50
|
Single-family detached units
|
0
|
50
|
f. Standards and Requirements for Single-Family Development in a PUD
Development. The minimum standards and requirements shall be set forth
in the R-B zone.
g. Standards and Requirements for Townhouse Development in a PUD. The
minimum standards and requirements shall be as set forth in the R-B
zone, except that a net density of seven (7) townhouse units per acre
shall be permitted within a townhouse cluster in a PUD.
h. Standards and Requirements for Apartments and Garden Apartment Development
in a PUD Development. The minimum standards and requirements shall
be as set forth in the L-R zone with the following exceptions:
1. A total of twenty-four (24) dwelling units shall be permitted in
a single structure.
2. The minimum distance between structures shall be equal to one-half
(1/2) the total height of the adjacent structures, except that the
side to side minimum distance between buildings shall be twenty (20)
feet.
3. No continuous wall shall exceed two hundred ten (210) feet in length.
For purposes of this subsection, a "continuous wall" shall mean any
wall which is parallel to the center line of the building's roof.
A seventy-five (75) degree angle of declination of one wall to the
next wall shall be required to establish discontinuity.
4. Density. No more than ten (10) apartment units per acre shall be
permitted for two-story apartment buildings and no more than twenty
(20) apartment units per acre shall be permitted for three-story apartment
buildings.
5. Where the PUD apartment or garden apartment component abuts an existing
utility right-of-way having a width of one hundred (100) feet or greater,
the required side yard setback may be reduced from fifty (50) feet
to forty-five (45) feet.
6. The minimum required front building setback to a private roadway
shall be ten (10) feet.
i. Standards and Requirements for Mid-Rise Residential Development in
a PUD Development. The main standards and requirements shall be as
follows:
1. No structure shall have a height of less than six (6) stories.
2. No structure shall have a height of greater than nine (9) stories.
3. The net density of a midrise residential cluster shall not exceed
forty (40) dwelling units per acre.
4. The minimum distance between structures shall be equal to one-half
(1/2) the total height of adjacent structures.
5. No continuous wall shall exceed two hundred ten (210) feet in length.
For purposes of this subsection, a "continuous wall" shall mean any
wall which is parallel to the center line of the building's roof.
A seventy-five (75) degree angle of declination of one wall to the
next wall shall be required to establish discontinuity.
j. Affordable Housing Requirements.
The development of all multi-family residential development,
of the various permitted types, within a PUD shall comply with the
following Affordable Housing Requirements:
1. For Sale Developments:
Total Number of Units
|
Minimum Percent of Affordable Housing Units
|
---|
10 and under
|
none*
|
11-20
|
10%
|
21-50
|
15%
|
Over 51
|
20%
|
*Units 10 and under are subject to the development fee
|
2. Rental Units:
Total Number of Units
|
Minimum Percent of Affordable Housing Units
|
---|
10 and under
|
none*
|
11-20
|
10%
|
21-50
|
15%
|
Over 51
|
20%
|
*Units 10 and under are subject to the development fee
|
3. Pursuant to the Amended Settlement Agreement In the Matter of Certification
or Judgement of Compliance and Repose of its Obligations Under the
Fair Housing Act and Approval of its Amended Spending Plan, Docket
No. MID-L-3944-15 (the "Settlement Agreement"), certain terms and
conditions applicable to the inclusionary development of Block 762,
Lot 1A, and Block 3B, Lot 18 in its entirety and a portion of Lot
19 (the "Properties") were agreed to by the parties and which terms
and conditions were approved by the Court. Where the terms of the
Settlement Agreement conflict with terms of the Township Affordable
Housing Ordinance, the terms of the Settlement Agreement shall control
any development application relative to the Properties.
[Ord. No. O.1953-2016]
k. Standards and Requirements for Commercial Land Service Development
in a PUD Development. The minimum standards and requirements shall
be as follows: commercial and service uses may occupy space within
a midrise residential structure and/or be designed and developed as
separate freestanding structure(s), the standards and requirements
of the G-BH zone shall be the minimum standards and requirements for
development.
l. Standards and Requirements for Office and Hotel Use in a PUD Development.
The minimum standard and requirements shall be as set forth in the
ROL district.
m. Application Procedure.
1. The applicant shall initially submit a sketch plan for the entire tract. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter
39, Land Use, and further shall indicate the general location of buildings (except single-family dwellings), parking areas and roadways as well as any other significant site development features planned by the applicant. The purpose of the sketch development plan are:
(a)
To establish the land use plan for the site;
(b)
To establish staging or phasing of site development;
(c)
To determine at the earliest possible time any off-site improvements
required as a result of the development;
(d)
To determine design criteria for buffer areas, parking lot locations,
open space areas, etc., and as applicable.
2. The applicant, after approval of the overall development plan, shall
proceed with formal site plan and subdivision applications for all
or phase(s) of the development.
3. Preliminary application for development shall be made under and in
accord with all the regulations and procedures as set forth for a
major subdivision and major site plan as set forth in the land use
ordinance.
n. Other Requirements.
1. Open Storage of Materials. No open display or storage of products,
materials and equipment shall be permitted.
2. Transition Requirement. There shall be established along the line
of any side or rear lot that is contiguous to any residential district,
unless the side or rear lot line coincides with a State, Federal highway
or railroad, a buffer area at least fifty (50) feet in width, plus
five (5) feet additional width for each ten (10) foot interval or
fraction thereof of the principal building exceeding twenty-five (25)
feet in height. The buffer area shall be landscaped and fenced to
provide screening of the uses and associated activities of the lot
from adjoining residential districts.
3. Site Access. Recognizing the heavy traffic flow existing and projected
within I-287, Talmadge Road, Park Avenue area of Edison, a connection
of Talmadge Road to the Park Avenue extension shall be required.
4. Building Separation. No office building shall be located within one
hundred (100) feet of a residential multifamily building or one-half
(1/2) the sum of the height of adjacent commercial and/or office and
residential buildings, whichever is the greater.
5. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be located nearer
than fifteen (15) feet to any street, nor closer than ten (10) feet
to any building, and provided further that complete building perimeter
parking is prohibited.
6. Signs. Signs shall be subject to the sign regulations of Section
37-62.
o. Density Modification. To encourage flexibility of housing density,
design and type intended, for a development proposed to be developed
over a period of years, deviations may be authorized from the density
or intensity of use established for the entire planned development.
The Planning Board may allow for a greater concentration of density
or intensity of land use within a section or sections of the development,
whether it be earlier or later in the development, than upon others.
The approval of the Planning Board of a greater concentration of density
or intensity of land use for any section to be developed must be offset
by a smaller concentration in any completed prior stage or there must
be an appropriate reservation on the remaining land by a grant of
easement or covenant in favor of the municipality.
p. Open Space Regulations.
1. In reviewing applications for a PUD development, the Planning Board
will require evidence that adequate open space in appropriate locations
will be available.
2. Open space must have safe and convenient pedestrian access.
3. The applicant must consult with the Planning Board early in the design
stage to ascertain open space requirements. Such open space shall
consist of any combination of common space, public open space and
public areas.
4. Common Open Space. The landowner shall provide for the establishment
of an organization for the ownership and maintenance of any common
open space and such organization shall be established and regulated
by all applicable standards and conditions of State Statute.
q. Roadway Standards.
1. All existing roads and proposed roads to be dedicated shall be improved
and/or constructed in accordance with the Township subdivision standards.
2. The right-of-way and pavement widths for improvement of private ways,
roads and alleys shall be determined from sound planning and engineering
standards in conformity to the estimated needs of the full development
proposed and the traffic to be generated thereby and shall be adequate
and sufficient in size, location and design to accommodate the maximum
traffic, parking and loading needs and the access of fire-fighting
equipment and police vehicles. Internal private roads shall have a
required pavement width as follows:
(a)
Two-way traffic roads: thirty (30) feet paved width, and the
right-of-way width of said streets shall be a minimum of fifty (50)
feet.
(b)
Sidewalks shall be at least three (3) feet in width. Service
ways for public service and emergency vehicles shall be no less than
fifteen (15) feet in width.
r. Development Staging. As a condition to preliminary approval of the
PUD development plan, the Board may permit the implementation of the
plan in whole or in sections or in stages consisting of one (1) or
more sections or stages, under the district plan. Such sections or
stages shall be:
1. Substantially functionally self-contained and self-sustaining with
regard to access, parking utilities, open spaces and similar physical
features and shall be capable of substantial occupancy, operation
and maintenance upon completion of construction and development;
2. Property related to other services of the community as a whole and
to those facilities and services yet to be provided in the full execution
and implementation of the PUD district;
3. Provided with such temporary or permanent transitional features,
buffers or protective areas as the conditions of ownership and maintenance
may require to prevent damage or detriment to any completed section
or stage, to planned development. Plans and specifications of such
sections or stages are to be filed with the Board and are to be of
sufficient detail and at such scale as to fully demonstrate the arrangement
and site locations of all structures, primary and accessory land uses,
parking, landscaping, public and private utilities and services facilities
and land ownership conditions.
s. Improvement Guarantees.
1. Before consideration of final approval or as a condition of the preliminary
approval, the applicant shall have installed the improvements specified
as part of the conditions of preliminary approval, or the Board shall
require the posting of adequate performance guarantees to assure the
installation of the required improvements or the conditions approved
as part of the preliminary approval.
2. Improvement. Prior to the granting of final approval, the applicant
shall have installed or shall have first post-performance guarantees
for the ultimate installation of all improvements required.
t. Enforcement and Modification of Development Plan. To further the
mutual interest of the residents and owners of the planned residential
development and of the public in the preservation of the integrity
of the plans finally approved, and to secure that modifications, if
any, in the plans shall not impair the reasonable reliance of the
residents and owners upon the provisions of the plan nor result in
changes that would adversely affect the public interest, the enforcement
and modification of the provisions of the plan as finally approved,
whether recorded by plat, covenant, easement or otherwise, shall be
subject to the following provisions:
1. Enforcement by the Township of the provisions of the plans relating
to the use of land and the use, bulk and location of buildings and
structures; to the quality and location of common open space; and
to the intensity of use or the density of residential units shall
run in favor of the Township and shall be enforceable in law or in
equity by the Township without limitation of any powers or regulation
otherwise granted the Township by law.
2. Provision of the plans shall run in favor of the residents of the
planned development, but only to the extent expressly provided in
the plans and in accordance with the terms of the plans and to what
extent the provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced by law or equity by the residents and
owners, acting individually, jointly or through an organization designated
in the plans to act on their behalf, provided, however, that no provisions
of the plans shall be implied to exist in favor of residents and owners
of the development except as to those portions of the plans which
have been finally approved and have been recorded.
3. Modification of the Plan by the Township. All those provisions of
the plan authorized to be enforced by the Township above may be modified,
removed or released by the Township (except grants or easements relating
to the service or equipment of a public utility), subject to the following
conditions:
(a)
No such modification, removal or release or the provisions of
a plan by the Township shall affect the rights of the residents and
owners of the developments to maintain and enforce those provisions,
at law or equity, as provided above.
(b)
No modification, removal or release of the provisions of a plan
by the municipality shall be permitted except upon a finding by the
Board following a public hearing called and held in accordance with
law, that the same is consistent with the efficient development and
preservation of the entire development, does not adversely affect
either the enjoyment of land abutting upon or across a street from
the development or the public interest and is not granted solely to
confer a special benefit upon any person.
(c)
Modification by the Residents. Residents and owners of a development
may, to the extent and in the manner expressly authorized by the provisions
of the plan, modify, remove or release their rights to enforce the
provisions of the plan, but no such action shall affect the right
of the Township to enforce the provisions of the plan.
u. Contents of Application. In addition to the requirements for subdivision
and site plan map submission and other requirements hereinabove, a
PUD development application shall include such information as is reasonably
necessary to disclose the following:
1. The location, district and size of the site and the nature of the
landowner's interest in the land to be developed;
2. The type of land use to be allocated to parts of the site to be developed;
3. The location and size of any open space;
4. The use and the approximate height, bulk and location of buildings
and other structures;
5. A traffic improvement plan setting forth on- and off-site improvements,
scheduling as a function of development and detailing of permit requirements
necessary to complete;
6. The feasibility of proposals for the disposition of sanitary waste
and stormwater and for the provision of other utilities and services,
such as water supply and solid waste disposal;
7. The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities;
8. The provision for the parking of vehicles and the location and width
of proposed streets and public ways;
9. In the case of plans which call for development over a period of
years, a schedule showing the proposed times within which application
for final approval of all sections of the development are intended
to be filed and the developer's financial responsibility;
10. A written statement by the landowner(s) or any other entity having
recognizable interest in the land, setting forth the reasons why,
in his or her opinion, a PUD development would be in the public interest
and would be consistent with the municipal statement of objectives;
11. Environment Assessment Statement. A written assessment of the short-
and long-term impacts of the proposed development shall be prepared
and filed. The statement shall detail methods and procedures to be
established to ameliorate any adverse impact upon the environment.
[Added 12-27-2023 by Ord. No. O.2199-2023]
[Amended 12-27-2023 by Ord. No. O.2199-2023]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-Family detached house.
[Amended 12-27-2023 by Ord. No. O.2199-2023]
Accessory uses shall be the same as in the R-AA District.
[Amended 12-27-2023 by Ord. No. O.2199-2023]
a. Minimum Lot Area — 7,500 square feet.
b. Minimum Lot Width — Minimum lot width shall be 75 feet, except
where a lot fronts on the turnaround of a cul-de-sac, or on a curved
street or a curved portion of a street, in which case the minimum
required lot width shall be a minimum of 65 feet.
c. Minimum Lot Depth — 79 feet.
d. Minimum Front Yard Setback — 20 feet. Where a lot has more
than one street frontage, the front yard shall be measured from the
lot line that the front of the residence faces; the other yards fronting
on a street shall be deemed to be rear and side yards, based on the
location of the rear and sides of the residence.
e. Minimum Rear Yard Setback — The minimum rear yard setback shall
be 25 feet, except where the lot abuts the Metuchen Country Club service
road, in which case the minimum rear yard setback shall be 13 feet.
f. Minimum Side Yard Setback — 6 feet.
g. Minimum Side Yard Setback Combined — 18 feet.
h. Minimum Gross Floor Area — 1,200 square feet.
i. Maximum Floor Area Ratio — 0.55.
j. Maximum Building Coverage — 28%.
k. Maximum Impervious Coverage — 40%.
l. Maximum Building Height (feet) — 32 feet.
m. Maximum Building Height (stories) — 2.5 stories.
[Amended 12-27-2023 by Ord. No. O.2199-2023]
Signs shall be permitted in conformance with Section
37-62.
[Amended 12-27-2023 by Ord. No. O.2199-2023]
The provisions of subsection
36-11.2d, regarding side lot lines, shall not be applicable.
[1999 Code § 17.32.010; Ord. No.
O.1941-2016]
No building structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
Townhouse dwellings as defined in this section and as regulated hereinafter under subsection
37-14.4.
[1999 Code § 17.32.020; Ord. No.
O.1941-2016]
Accessory uses customary and incidental to townhouse development.
[1999 Code § 17.32.030; Ord. No.
O.1941-2016]
None.
[1999 Code § 17.32.040; Ord. No.
O.1941-2016]
Height, area and yard requirements are as specified below.
a. The minimum lot size shall be twenty-five (25) acres.
b. The minimum setback distance shall be fifty (50) feet from all existing
State and County roads or any other road other than a local street
as designated upon the Master Plan of Edison Township. The minimum
setback from all other streets shall be twenty-five (25) feet.
c. The minimum setback from all side property lines shall be thirty-five
(35) feet.
d. The minimum setback from all rear property lines shall be forty-five
(45) feet.
e. Maximum Density.
1. The maximum density shall be:
(a)
R-A-th: 8 units per acre.
(b)
R-BB-th: 8 units per acre.
(c)
R-B-th: 15 units per acre.
2. Lands proposed as public street rights-of-way shall not be included
in this calculation.
f. Maximum building coverage shall be:
1. R-A-th and R-BB-th: twenty (20%) percent.
2. R-B-th: twenty-five (25%) percent.
g. The maximum percent of coverage by buildings and pavement, inclusive
of driveways, parking and sidewalks but not including recreation facilities,
patios or steps, shall be fifty (50%) percent for R-A-th and R-BB-th
and sixty (60%) percent for R-B-th zones.
h. The minimum width of any townhouse shall be sixteen (16) feet.
i. The minimum floor area per unit shall be seven hundred fifty (750)
square feet.
j. The maximum building height in the R-A-th, R-BB-th and R-B-th zones
is thirty (30) feet.
k. The minimum number of units per structure shall be two (2).
l. The maximum number of units per structure shall be eight (8).
m. The minimum distance between structures shall be thirty-five (35)
feet.
n. Buffer Requirement. A buffer area consisting of existing mature trees
(six (6) inch diameter or greater) or planted landscaped area shall
be required in each district. The buffer width shall equal the required
yard depth, plus five (5) feet of buffer for each one (1) foot of
building height over twenty-five (25) feet.
[1999 Code § 17.32.050; Ord. No.
O.1941-2016]
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[1999 Code § 17.32.060; Ord. No.
O.1941-2016]
Signs shall be permitted in conformance with Section
37-62.
[Ord. No. O.1941-2016]
All new development within this district as of October 4, 2016,
shall comply with the following Affordable Housing Requirements:
a. For Sale Developments:
Total Number of Units
|
Minimum Percent of Affordable Housing Units
|
---|
10 and under
|
none*
|
11-20
|
10%
|
21-50
|
15%
|
Over 51
|
20%
|
*Units 10 and under are subject to the development fee.
|
b. Rental Developments:
Total Number of Units
|
Minimum Percent of Affordable Housing Units
|
---|
10 and under
|
None*
|
11-20
|
10%
|
21-50
|
15%
|
Over 51
|
20%
|
*Units 10 and under are subject to the development fee.
|
c. A project shall not be subdivided into two or more lots so as to
fall below the threshold or circumvent the set aside requirement by
taking multiple actions.
[1999 Code § 17.36.010; Ord. No.
O.1941-2016]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-family detached houses subject to the same development regulations
specified in the R-B district;
b. Townhouses subject to development regulations specified in the R-B-th
district;
c. Multifamily dwelling and apartment houses subject to the following
requirements:
1. Minimum Lot Size. No building which is intended or designed to be
used, in whole or in part, as a garden apartment building shall be
erected or constructed upon a lot containing an area of less than
three (3) acres; except that, if a zone boundary line passes through
any lot of three (3) acres or more with the result that the area available
for garden apartment construction is less than three acres, such area
of less three (3) acres may be approved for garden apartment development;
provided, however, that all other regulations pertaining to the erection
or construction of the garden apartments shall be applied to and within
the area permitting such construction, except that the calculation
of the number of units to be constructed shall be based upon such
acreage available for such construction.
2. Height. No apartment building shall have more than three (3) habitable
stories or exceed fifty (50) feet in height.
3. Minimum Space Between Buildings. The minimum distance between buildings
shall be one-half (1/2) the total height of the two (2) buildings,
except that the side to side minimum distance between buildings shall
be twenty (20) feet.
4. Density. No more than fifteen (15) apartment units per acre shall
be permitted for two-story apartment buildings and no more than twenty-three
(23) apartment units per acre shall be permitted for three-story buildings.
5. Rooms. Each apartment unit in each apartment building shall contain
separate bedroom, separate bathroom and separate kitchen/dining facilities.
This provision shall not be interpreted to preclude efficiency apartments.
6. Landscaping. All areas of a garden apartment development not used
for the construction of buildings, roads, accessways, parking areas
or sidewalks shall be fully landscaped. Where a garden apartment development
boundary line abuts a lot in a residential zone, which lot is not
owned by the garden apartment developer, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the area of twenty (20) feet inside the boundary line of the
garden development abutting a residential lot. If no adequate trees,
shrubs or plantings exist in the twenty (20) foot area in the natural
state of the premises before development, the area shall be provided
with an adequate approved planting plan to provide a belt of screening
within the twenty (20) foot area.
7. Interior Roads. All roads and other accessways within the garden
apartment development shall be private roads, and be constructed with
pavement and curbs within the established cartways. All roads and
or drive aisles containing right-angle parking or angled parking on
one or both sides of the road shall contain drive aisles of not less
than twenty-four (24) feet in width. All access roads that do not
contain angled parking shall comply with the current Residential Site
Improvement Standards (N.J.A.C. 5:21) for the width of the cartway
inclusive of any on-street parallel parking areas. All such construction,
paving and curbing shall be completed in accordance with the subdivision
regulations of Edison Township. All interior roads shall provide suitable
access for ingress, egress and circulation for emergency vehicles,
by providing additional width of drive aisles, adequate turning radius
at corners and appropriate delineated Fire Lanes, subject to the review
by the Edison Township Fire Department.
8. Parking. All parking shall be confined to the areas specifically
designated on the site plan for that purpose. Parking area shall be
paved and curbed and provided with an adequate system of stormwater
drainage. No parking area (other than driveway parking spaces located
in front of a garage) may be placed closer to a building than ten
(10) feet. Parking areas may be constructed in the front, side and
rear yards, but in no event closer than ten (10) feet to a lot line
(other than driveway parking spaces located in front of a garage).
9. Buildings.
(a)
No principal building shall:
(1)
Be designed for or occupied by more than twenty (20) families;
(2)
Exceed two hundred ten (210) feet in length in its longest dimensions;
(3)
Allow or contain outside television antennas. All television
antenna equipment shall be built into the building to eliminate individual
antennas being erected upon the roof. This subsection shall not apply
to a common antenna tower.
(b)
No basement apartment units shall be permitted. For purposes
of this section, a "basement unit" shall be defined as a unit having
its finished floor elevation three (3) or more feet below the finish
grade of the ground about the building.
10. Utilities. For all garden apartments, the applicant for the site
plan approval shall arrange with the serving utilities for the underground
installation of the utilities' distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as part of its tariff on file with
the State of New Jersey Board of Public Utility Commissioners and
shall submit to the Planning Board prior to the granting of site plan
approval a written instrument from each serving utility which shall
evidence full compliance with the provisions of this section; provided,
however, that sites which abut existing streets where overhead electric
or telephone distribution supply lines have theretofore been installed
on any portion of the streets involved may be supplied with electric
and telephone service from the overhead lines or extensions, but the
service connections from the utilities' overhead lines shall be installed
underground.
[1999 Code § 17.36.020; Ord. No.
O.1941-2016]
Accessory uses usually incidental to the above uses, as specified
below:
a. Noncommercial garage for exclusive use of site residents only;
b. Noncommercial swimming pools for exclusive use of site residents
only.
[1999 Code § 17.36.030; Ord. No.
O.1941-2016]
a. Office buildings used for professional services, business services,
management and consulting services only and subject to the following
conditions and regulations:
1. Site development shall comply with the minimum development regulations
set forth for the district. The buffer requirement set forth in the
district shall be measured from the required yard width from existing
garden apartments,
2. No retail sales of goods or merchandise shall be permitted;
b. Indoor tennis courts, skating rinks, handball courts and health clubs,
subject to the following conditions and regulations: site development
shall comply with the minimum development regulations set forth for
the district, except that such use or uses shall not occupy an area
of land of less than five (5) acres, excluding garden apartments;
c. Nursing homes, subject to the following conditions and regulations:
1. The use shall have direct access to a street other than a local access
street as classified in the adopted Master Plan of the Township.
2. The minimum site area shall be one (1) acre.
[1999 Code § 17.36.040; Ord. No.
O.1941-2016]
Height, area and yard requirements are as specified in the schedule, Section
37-63, except as otherwise specified in this section.
[1999 Code § 17.36.050; Ord. No.
O.1941-2016]
Off-street parking together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[1999 Code § 17.36.060; Ord. No.
O.1941-2016]
Signs shall be permitted in conformance with Section
37-62.
[Ord. No. O.1941-2016; Ord. No. O.1953-2016]
Unless otherwise set forth at subsection
37-15.7c below, all development within this district shall comply with the following Affordable Housing Requirements:
a. For Sale Developments:
Total Number of Units
|
Minimum Percent of Affordable Housing Units
|
---|
10 and under
|
none*
|
11-20
|
10%
|
21-50
|
15%
|
Over 51
|
20%
|
*Units 10 and under are subject to the development fee
|
b. Rental Units:
Total Number of Units
|
Minimum Percent of Affordable Housing Units
|
---|
10 and under
|
none*
|
11-20
|
10%
|
21-50
|
15%
|
Over 51
|
20%
|
*Units 10 and under are subject to the development fee
|
c. Pursuant to the Amended Settlement Agreement In the Matter of Certification
or Judgement of Compliance and Repose of its Obligations Under the
Fair Housing Act and Approval of its Amended Spending Plan, Docket
No. MID-L-3944-15 (the "Settlement Agreement"), certain terms and
conditions applicable to the inclusionary development of Block 762,
Lot 1A, and Block 3B, Lot 18 in its entirety and a portion of Lot
19 (the "Properties") were agreed to by the parties and which terms
and conditions were approved by the Court. Where the terms of the
Settlement Agreement conflict with terms of the Township Affordable
Housing Ordinance, the terms of the Settlement Agreement shall control
any development application relative to the Properties.
[Ord. No. O.1953-2016]
[1999 Code § 17.40.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Retail and wholesale household and business supplies;
b. Electrical, heating, ventilating, air-conditioning, plumbing and
refrigeration equipment sales and service businesses;
c. Business and professional offices, banks and funeral homes;
d. Indoor theaters, indoor tennis courts, skating rinks, handball courts
and health clubs;
e. Motels and nursing homes;
f. Newspaper offices and printing establishments;
g. Drug store, beauty shop and retail dry cleaning;
h. Clothing, furniture and appliance stores;
i. Recreational equipment, hardware and hobby shops;
j. Offices for executive or administrative personnel; scientific or
research laboratories; and experimental or computation centers;
k. Restaurants and other eating and drinking establishments wherein
food and drink are consumed within the principal building. Such uses
shall not be interpreted to include and are hereby defined to exclude
drive-in restaurants or refreshment stands, commonly called snack
bars, dairy bars, hamburger stands or hot dog stands or similar uses
where customers and patrons are served food, soft drinks or ice cream
primarily for their immediate consumption outside the confines of
the building or structure in which the business is conducted;
l. Private schools conducted for profit.
[1999 Code § 17.40.020]
The following uses, whether as a main use or as an accessory
use, are strictly prohibited and shall include, but not be limited
to:
a. Used car and truck sales and lots;
b. Arcades, carousels, rollercoasters, merry-go-rounds, ferris wheels,
pony riding tracks, exhibitions of wild animals and similar commercial
amusements, except in connection with a carnival or circus having
special permit from Township Council;
c. Ammunition, explosives and fireworks;
e. Trailer or camps and mobilehome camps;
f. Private garages as a primary use of the property;
h. The processing and canning of food for wholesale distribution;
i. Drive-in restaurants as defined in this chapter, junkyards, auto
wrecking and scrap metal baling uses.
[1999 Code § 17.40.030]
Any accessory use on the same lot which is customarily incidental
to the principal use permitted on the same lot, such as but not limited
necessarily to: maintenance and storage buildings.
[1999 Code § 17.40.040]
None.
[1999 Code § 17.40.050]
In any P-B district, an applicant proposing the development
of a shopping center, which for purposes of this section shall mean
retail sales use(s) proposed to occupy a tract of land ten (10) acres
or larger and/or proposed building(s) of seventy-five thousand (75,000)
square feet or larger, shall meet the following requirements in addition
to development regulations of this zone. An applicant may apply to
the Planning Board for sketch site plan review prior to making formal
application to the Board. The specified supporting data and accompanying
information shall be in accordance with the applicable sections of
this chapter.
a. A preliminary site plan showing a unified arrangement of buildings,
off-street parking, internal traffic circulation, service facilities,
pedestrian walks, loading and unloading areas, streams and topographic
information for the lot and surrounding area within two hundred (200)
feet of any lot line. The site plan shall also show the location and
arrangement of proposed lawn, trees or areas of massed shrubs.
b. The site plan shall be accompanied by preliminary architectural sketches
indicating the type of materials to be utilized for exterior walls
and space to be allocated to various uses.
c. The site plan shall be accompanied by a market analysis providing
the need for the center and carried out by an individual or firm experienced
and recognized in this field. It shall include the following:
1. Delineation of the trade area of the proposed center;
2. The existing and projected population of the trade area;
3. Determination of effective buying power in the trade area;
4. The amount and percentage of buying power in the trade area allocated
to the proposed shopping center;
5. The amount and percentage of buying power in the proposed trade area
which will be expended in the existing commercial area.
d. The site plan shall be accompanied by a time schedule indicating
when the various stages of construction will be initiated after final
approval.
e. The site plan shall be accompanied by a traffic study prepared by
a traffic engineer being a member of the American Society of Traffic
Engineers, indicating the impact which the center will have on surrounding
roads. It shall include the following elements:
1. Estimated peak hourly traffic to be generated by the center;
2. Assignment of estimated peak hourly traffic by percentage and volume
to surrounding roads;
3. Determination of unused capacity of surrounding roads during peak
hours;
4. Recommendations for necessary road improvements such as acceleration
and deceleration lanes and traffic control devices recommended for
public roads or highways surrounding the site.
f. Additional Shopping Center Development Regulations.
1. No parking area shall be located closer than fifteen (15) feet to
any front lot line nor closer than ten (10) feet to the side and rear
lot line.
2. If any P-B district abuts a residential zone, fences, walls or year-round
screen plantings shall be required to shield adjacent areas from parking
lot illumination and headlights and to diminish the visual encroachment
on residential privacy and residential neighborhood character. The
Planning Board may waive the requirement for screening if equivalent
screening is provided by parks or by topography or other natural conditions.
3. Any part of the center not used for structures, loading accessways,
parking or pedestrian walks shall be landscaped with grass, trees
or shrubs.
[1999 Code § 17.40.060]
Height, area and yard requirements are as specified in the schedule, Section
37-63.
[1999 Code § 17.40.070]
a. Open Storage of Materials. All materials and equipment shall be stored
in completely enclosed buildings. All open display of products shall
be placed no closer to any private or public thoroughfare than the
distance equal to the required front yard depth.
b. Transition Requirement. There shall be established along the line
of any side or rear lot that is contiguous to any residential district,
unless the side or rear lot line coincides with a State or Federal
highway or railroad right-of-way, a buffer of at least fifty (50)
feet in width plus five (5) feet additional width for each ten (10)
foot interval or fraction thereof of the height of the proposed building
exceeding twenty-five (25) feet. The buffer area shall be landscaped
and fenced to provide screening of the operations of the lot from
adjoining residential districts.
[1999 Code § 17.40.080]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking area shall be located nearer
than ten (10) feet to any side or rear lot line nor shall a parking
area be nearer than fifteen (15) feet to any street lot line nor nearer
than five (5) feet to any building, and further provided that complete
building perimeter parking is prohibited.
[1999 Code § 17.40.090]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.44.010]
The following regulations are applicable in the G-B and G-BH
general business districts. The G-B and G-BH districts are differentiated
one from the other by lot area and yard requirements and the permitted
conditional uses.
[1999 Code § 17.44.020; Ord. No.
O.1963-2017]
a. Retail and wholesale household and business supplies, stores, shops
and similar commercial uses selling food, apparel, clothing, household
appliances and furnishings;
b. Electrical, heating, ventilating, air-conditioning, plumbing and
refrigeration equipment sales and service businesses;
c. Business and professional offices, banks and funeral homes;
d. Indoor theaters, indoor tennis courts, skating rinks, handball courts
and health clubs;
e. Motels, provided such use is located on a lot of three (3) acres
or more and has direct access to a street classified as other than
a local access street in the adopted Master Plan of Edison Township;
f. Newspaper offices and printing establishments;
g. Retail laundry, bakery and barbershops, beauty shops and similar
service establishments;
h. New car and truck dealership and used car and truck sales and service
wherein used car and truck sales and service are accessory to new
car and truck sales uses and outdoor display and/or storage of used
cars and trucks does not exceed thirty (30%) percent of the total
outdoor display and storage area of cars and trucks, and further provided
such uses are located on a lot of not less than one (1) acre in size
and has a width of two hundred (200) feet;
i. Offices for executive or administrative personnel; scientific or
research laboratories; experimental or computation centers;
j. The packing, fabricating, finishing or assembly of:
1. Beverages (nonalcoholic only),
3. Toilet supplies, except those involving fat rendering processes,
5. Electrical appliances, fixtures or components,
6. Electrical instruments or devices;
k. Restaurants and other eating and drinking establishments wherein
food and drink are consumed within the principal building. Such uses
shall not be interpreted to include and are hereby defined to exclude
drive-in restaurants or refreshment stands, commonly called snack
bars, dairy bars, hamburger stands or similar uses where customers
and patrons are served food, soft drinks or ice cream primarily for
their immediate consumption outside the confines of the building or
structure in which the business is conducted;
l. Church, synagogue or similar religious facility;
m. Fraternal clubs, including but not limited to Elks, Lions, Masons,
etc.;
n. Commercial schools and institutes offering courses or training;
o. Repair shops, but not including automotive repair.
p. Fuel Only Service Station with Convenience Store:
The following requirements shall apply to this use:
[Ord. No. O.1963-2017]
1. Minimum lot size: 1.5 acres.
2. Maximum building size: 6,000 square feet.
3. Maximum number of fueling stations: Eight (8) dispensers that includes
gasoline and low-flow diesel sales, with two (2) nozzles/hoses per
dispenser.
4. Maximum number of stories: One (1), exclusive of towers, cuppolas,
or other architectural elements.
5. Maximum height for principal building: Thirty-five (35) feet, exclusive
of towers, cuppolas or other architectural elements.
6. Maximum height for fuel area canopy: Twenty-five (25) feet, with yard setbacks consistent with Section
37-63.
7. Parking: Minimum of one (1) space reach three hundred (300) square
feet of convenience store building footprint, plus one (1) space for
each employee on the most heavily staffed shift. Additional parking
may be provided to enhance internal circulation and eliminate stacking
at driveways.
8. Signs: One (1) free standing pole sign at the driveway of each street
front with fuel pricing, maximum area shall not exceed seventy-five
(75) square feet, maximum height of twenty (20) feet, and minimum
set back of fifteen (15) feet from any street; two (2) façade
signs, on the front of the building, not to exceed twenty (20%) percent
of the front wall area; and two (2) canopy signs, located below the
top of the canopy, on the side of the canopy facing the front or side
street.
[1999 Code § 17.44.030]
a. As specified in the P-B district;
[1999 Code § 17.44.040]
Any accessory use of the same lot with and customarily incidental
to any use permitted in this district, such as but not necessarily
limited to: maintenance and storage buildings.
[1999 Code § 17.44.050; Ord. No.
O.1653-2008]
a. Conditional Uses in a GB-H Zone Only.
1. An area of land, including structures, that is used for the retail
sale and direct delivery to motor vehicles of gasoline and lubricating
oil and the making of minor repairs, but not auto body work, welding
or painting nor any repair work in the open. Such use shall be subject
to the following regulations:
(a)
No part of any automobile filling station may be used for residence
or sleeping purposes except by a watchman.
(b)
No part of any entrance to or exit from any filling station
which is capable of accommodating more than five (5) vehicles shall
be connected with a public street within one hundred fifty (150) feet
of any entrance or exit of a theater, auditorium, church, hospital,
school, college, institution for dependents or children, park, playground,
library, museum or other similar place of public assembly.
(c)
No part of any building used as an automobile service station
and no filling pumps, car lifts, greasing mechanisms or other service
appliances used to service or supply motor vehicles shall be erected
within fifty (50) feet of any boundary line of any residential zone.
All such car lifts and greasing mechanisms shall be located within
an enclosed building.
(d)
No gasoline or oil pump and no other service appliances installed
for use in connection with any automobile service station shall be
so installed or located within thirty-five (35) feet of any lot line.
(e)
No building used as an automobile service station shall be located
within twenty-five (25) feet of any lot line.
(f)
No automobile service station shall store out of doors, in a
side or front yard, wrecked, damaged or disassembled (either whole
or in part) vehicles, boats or used automotive or marine parts, or
used supplies or materials thereof. Any storage areas located in a
rear yard shall be screened so that no stored vehicle or article shall
be visible from the front, side or rear premises or to any adjacent
premises, and further provided that no overnight parking at service
stations shall be permitted within one hundred (100) feet of a residential
zone.
(g)
No automobile service station shall be permitted an outdoor
display storage or parking of any new or used vehicles within the
distance of the required minimum front yard, except such temporary
parking as may be necessary in connection with the immediate servicing
of customers' vehicles.
(h)
All outside lighting or electrified signs on such premises shall
be so shielded as to prevent glare, whether reflected or not, from
any source detectable beyond the boundaries of the premises and shall
not obstruct site distances at intersections nor present safety hazards
to traffic.
(i)
No more than three (3) vehicles for rent or lease shall be stored
at any one (1) time at a service station;
2. Car wash, subject to the following:
(a)
Recognizing that the principal building used in a car wash is
generally of uniform design allowing for one (1) or two (2) bays and
office and storage areas, no such principal building, when permitted,
shall be built and used unless it has a minimum of two thousand five
hundred (2,500) square feet and a maximum of twenty (20%) percent
of land area.
(b)
Such use shall provide adequate stacking area for a minimum
of twenty-five (25) cars per bay or washing aisle. The stacking system
shall in no way hinder or impair normal traffic flow on roads or traffic
flow on adjoining property.
(c)
No such use shall be located on a tract of land of less than
one (1) acre in size.
3. Drive-through Restaurants. Drive-through restaurant, with or without
drive-in or drive-through windows, or other appurtenances designed
or used to serve food to customers outside the principal building,
as part of the shopping center. The drive-through restaurant may be
located either in a building with other uses or in a separate building.
The following criteria shall be met in order to create a drive-through
restaurant:
(a)
The shopping center site shall contain a minimum of twenty-five
(25) acres,
(b)
The shopping center site shall have a minimum of one thousand
(1,000) feet of frontage on a major arterial State highway,
(c)
The shopping center shall have a minimum single-story gross
area of two hundred thousand (200,000) square feet,
(d)
The shopping center shall have a total of at least one thousand
(1,000) at-grade parking spaces.
4. Village Center. This conditional use would apply only to those properties
currently zoned G-BH which have a minimum frontage of six hundred
fifty (650) feet along the Route 27 right-of-way, subject to compliance
with all of the following additional conditions:
(a)
Permitted uses within a "Village Center" include all permitted
uses in the G-BH zone district, excluding new and used automobile
dealerships and motels.
(b)
Permitted accessory uses within a "Village Center" include all
permitted accessory uses in the G-BH zone district.
(c)
All existing bulk requirements of the G-BH zone district shall
apply except as follows:
(1)
The maximum permitted floor area ratio shall be increased from
0.25 to 0.35; and
(2)
The minimum required front yard setback shall be decreased from
fifty (50) feet to ten (10) feet.
(d)
On-site parking shall be required at a rate of one (1) space
per two hundred fifty (250) square feet of floor area.
(e)
Pedestrian connectivity between buildings.
b. Conditional Uses in G-B and G-BH Zones.
1. Dog kennel and veterinarian's clinic.
(a)
Such use shall be located on a minimum lot area of not less
than twenty thousand (20,000) square feet.
(b)
No outdoor dog run shall be located within twenty-five (25)
feet of a lot line, no animals at the site shall be kept out of doors
from dusk to dawn;
2. Drive-in restaurant, provided that:
(a)
No such use shall be located on a lot of less than one (1) acre
in size.
(b)
No drive-in or drive-through windows or other appurtenances
designed or used to serve food to customers outside the principal
building shall be permitted.
(c)
No such use shall have a habitable floor area, as defined in
the Township Uniform Construction Code, of less than five thousand
five hundred (5,500) square feet.
[1999 Code § 17.44.060]
Height, area and yard requirements are as specified in the schedule, Section
37-63, except as otherwise specified hereinabove.
[1999 Code § 17.44.070]
a. Open Storage of Materials. All materials and equipment shall be stored
in completely enclosed buildings. All open display of products shall
be placed no closer to any private or public thoroughfare than the
distance equal to the required front yard.
b. Transition Requirement. There shall be established along the line
of any side or rear lot that is contiguous to any residential district,
unless the side or rear lot line coincides with a State or Federal
highway, a buffer area at least fifteen (15) feet in width plus five
(5) feet additional width for each ten (10) foot interval or fraction
thereof of the height of the principal building exceeding fifteen
(15) feet in height. The buffer area shall be landscaped and fenced
to provide screening of the operations of the lot from adjoining residential
districts.
[1999 Code § 17.44.080]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be located nearer
than five (5) feet to any front, side or rear lot line nor nearer
than five (5) feet to any building, and further provided that complete
building perimeter parking is prohibited.
[1999 Code § 17.44.090]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.48.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Stores, shops and similar commercial uses selling food, apparel,
clothing, household appliances and furnishings;
b. Business and professional offices and banks;
c. Barbershops, beauty shops and similar service establishments;
d. Restaurants and other eating and drinking establishments wherein
food and drink are consumed within the principal building. Such uses
shall not be interpreted to include and are hereby defined to exclude
drive-in restaurants or refreshment stands, commonly called snack
bars, dairy bars, hamburger stands or hot dog stands or similar uses
where customers and patrons are served food, soft drinks or ice cream
primarily for their immediate consumption outside the confines of
the building or structure in which the business is conducted;
e. Church, synagogue and similar religious facility;
f. Fraternal club or organization registered with the State of New Jersey
as a nonprofit corporation;
g. Hardware stores, bakeries, music stores, stationery stores and drug
stores.
[1999 Code § 17.48.020]
The following uses, whether as a main use or as an accessory
use, are strictly prohibited and shall include but not be limited
to:
a. As specified in the P-B district;
b. Video arcades, used-car or auto body repair uses.
[1999 Code § 17.48.030]
Any accessory use on the same lot with and customarily incidental
to any use permitted in this district, such as but not necessarily
limited to: equipment storage and maintenance buildings.
[1999 Code § 17.48.040]
a. Automobile service stations and restaurants subject to the same requirements
of the G-B district;
b. Drive-in banks, subject to the following standards:
1. All other regulations for the district in which the use is to be
located shall be complied with, except that the minimum lot area for
a drive-in bank shall be thirty thousand (30,000) square feet.
2. Recognizing the need for substantial vehicle storage area and drive-in
window lanes, in addition to normal parking and driveway area associated
with a business use, the maximum percent of building coverage shall
be twenty (20%) percent.
3. No driveway shall be located closer than fifty (50) feet to the nearest
street intersection, and further, no such driveway shall connect to
a street frontage where such street frontage is located in a residential
district.
[1999 Code § 17.48.050]
Height, area and yard requirements are as specified in the schedule, Section
37-63.
[1999 Code § 17.48.060]
a. Open Storage of Materials. All materials and equipment shall be stored
in completely enclosed buildings. All open display of products shall
be placed no closer to any private or public thoroughfare than the
distance equal to the required front yard.
b. Transition Requirements. There shall be established along the line
of any side or rear lot that is contiguous to any residential district,
unless the side or rear lot line coincides with any major street,
as shown on the adopted Master Plan of Edison Township, a buffer area
at least ten (10) feet in width plus five (5) feet additional width
for each ten (10) foot interval or fraction thereof of the height
of the principal building which exceeds fifteen (15) feet in height.
The buffer area shall be landscaped and fencing provided as required
to provide appropriate screening of the operations of the lot from
adjoining residential districts. Landscaping shall provide a visual
screen of no less than six (6) feet in height, except the Board may
waive this requirement if topography or existing mature plant growth
provide the visual screen stated above.
[1999 Code § 17.48.070]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking area shall be located nearer
than five (5) feet to a front and rear property line, and further
provided that complete building perimeter parking is prohibited.
[1999 Code § 17.48.080]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.49.010; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
Due to the proposed revitalization by the Township of Edison
of Amboy Avenue between the limits of the New Jersey Turnpike and
US Highway Route 1, zoning requirements shall be incorporated in the
AAR, Amboy Avenue Revitalization Zone as herein set forth to promote
and encourage said revitalization. The purpose of the revitalization
is to instill economic development for the limits set forth herein
and inject into the commercial properties opportunities for growth
and prosperity in conjunction with the aesthetic improvements that
will ensue. The zoning ordinance shall be amended to also promote
and encourage pedestrian traffic so as to conversely reduce the use
of single occupancy vehicles in the subject area.
[1999 Code § 17.49.020; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
The limits of the Amboy Avenue Revitalization Zone on Amboy
Avenue shall include all parcels presently classified as L-B along
both sides of Amboy Avenue between the New Jersey Turnpike as its
southeasterly terminus and US Highway Route 1 as its northwesterly
terminus. The official Edison zoning map shall be amended to reflect
the limits of the AAR Zone as herein described.
[1999 Code § 17.49.030; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
The permitted uses in the AAR Zone shall be as specified in
the L-B District with the following additional uses:
a. Restaurants and eating establishments shall be permitted to provide
entertainment in the form of various acts which may include musicians,
comedians, magicians, diverse musical groups and other like acts of
entertainment.
b. Other establishments whose primary function is to provide entertainment
as specified in paragraph a. above which may incidentally also serve
snacks and drinks.
c. Instructional facilities such as karate schools, dance schools, art
schools, acting schools, educational schools, music schools and other
such similar uses.
In no fashion shall the form of entertainment violate the requirements of this Code including but not limited to, Chapter
6 (Alcoholic Beverages), Chapter
12 (Health Regulations and Licensing), Chapter
15 (Property Maintenance), Chapter
21 (Solid Waste Management), Chapter
22 (Environmental Regulations), Section
10-7 (Indecency and Obscenity) and Section
10-5 (Public Peace and Decency).
[1999 Code § 17.49.040; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
Seventy-five (75%) percent of the gross floor area of any building in the Amboy Avenue Revitalization Zone may be used for residential purposes. One (1) residential unit shall be permitted on the first floor to meet ADA standards. The construction of any residential units within any mixed-use building shall be subject to the Affordable Housing Requirements set forth in subsection
37-15.7 in terms of the minimum number of affordable housing units that must be contained required.
[1999 Code § 17.49.050; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
Restaurants and eating establishments in the Amboy Avenue Revitalization
Zone are permitted to have outdoor tables and chairs for serving food
and beverages to customers provided that a minimum four (4) feet pedestrian
pathways are not impeded to insure ADA compliance, that all fire codes
are in compliance and that no public right-of-way is encroached upon.
[1999 Code § 17.49.060; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
The uses prohibited in the AAR Zone shall be as specified in
the L-B Zone and to also include:
d. Body piercing and tattoo parlors.
e. Go-go bars, strip clubs, cabarets and/or any form of adult entertainment
activities, adult entertainment materials, sales or rentals.
f. Cultural centers and churches.
i. Banquet halls or similar uses.
[1999 Code § 17.49.070; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
No accessory uses are permitted.
[1999 Code § 17.49.080; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
No conditional uses are permitted.
[1999 Code § 17.49.090; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
The height, area and yard requirements as specified in the schedule of Section
37-63, shall be modified in the following manner:
a. The minimum lot area shall be five thousand (5,000) square feet.
b. The minimum lot width shall be fifty (50) feet.
c. The required front yard setback shall be five (5) feet with a tolerance
of twenty-five hundredths (0.25) feet. There shall be no deviation
from this five (5) foot dimension including the tolerance without
an application for a variance to the Zoning Board of Adjustment or
Planning Board, whichever has jurisdiction, for relief from this requirement.
d. The required side yard setback shall be zero (0) feet provided that
the lot line does not abut a residential district in which case the
minimum side yard requirement shall be fifteen (15) feet unless a
public street intervenes in which case the front yard requirement
of five (5) foot setback shall govern. There shall be no deviation
from this zero (0) foot dimension without an application for a variance
to the Zoning Board of Adjustment or Planning Board, whichever has
jurisdiction, for relief from this requirement. Where due to building
orientation, lot configuration or other condition that preclude entry
to the rear of a property for parking area access, loading/unloading,
refuse collection, public safety vehicle access or any other purpose
requiring such entry, a paved alleyway no wider than fifteen (15)
feet shall be permitted alongside or within the frontage of the building.
In such cases where the building has more than one (1) story, all
additional stories shall be constructed pursuant to governing building
codes above said alleyway with the aforementioned side yard requirements
where applicable.
e. The minimum rear yard setback shall be twenty-five (25) feet for
parking.
f. The maximum percent of lot coverage by all buildings shall be seventy
(70%) percent.
g. The maximum percent of lot coverage by all buildings and pavement
shall be ninety-five (95%) percent.
h. The building height shall be a maximum of three (3) stories or forty
(40) feet in height whichever is the lesser.
i. Regardless of the gross floor area of any building, the maximum gross
floor area of each and any separate and individual permitted use within
that building shall be no greater than two thousand five hundred (2,500)
square feet per story.
j. All mechanical equipment must be screened from public view.
k. All buildings must comply with all fire safety and sprinkler laws.
[1999 Code § 17.49.100; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
The following parking requirements shall be incorporated into
the AAR, Amboy Avenue Revitalization Zone as herein set forth.
a. Parking and loading for the AAR Zone shall comply with the parking standards established in Section
37-60 of the Land Use Regulations.
b. Parking for residential uses shall conform to RSIS Standards.
c. Future parking needs, as they become evident, shall be satisfied
through the construction of strategic parking lots on properties to
be rendered available along or in the vicinity of Amboy Avenue.
d. Location of Parking Facilities. All on-site parking facilities shall
be located in the rear yard of each property. All parking shall be
prohibited in front and side yards.
e. Contiguous Parking Lots. Buildings on individual parcels in the AAR
Zone are permitted to have contiguous on-site parking areas with free
flowing traffic between said parking areas. The areas of on-site parking
that are not contiguous shall be no closer than five (5) feet to any
property line of the parcel on which they are located. There shall
be available as necessary, access to the rear of such properties for
accessing parking areas, refuse collection, loading/unloading, entry
of public safety vehicles and other necessary functions which require
such entry.
f. Loading/Unloading Requirements.
1. On street loading/unloading shall be prohibited between the hours
of 6:00 a.m. and 12:00 midnight.
2. All loading/unloading shall be permitted in the rear yard area only.
3. Rear yard cross-access easements shall be required as needed in order
to eventually create a system of screened and buffered access ways
to the rear of nonresidential uses fronting Amboy Avenue. A minimum
fifteen (15) foot wide cross-access easement shall be dedicated to
the municipality in the form of a deed. Additionally, a minimum ten
(10) foot wide buffer area shall be required adjacent to all residential
uses or residential zones comprised of a five (5) foot to six (6)
foot high living evergreen wall and eight (8) foot high solid fencing
to provide screening for the abutting incompatible uses. Application
for a subdivision or site plan to either the Planning Board or Zoning
Board of Adjustment shall mandate the cross-access easement and buffer/screening
requirement.
[1999 Code § 17.49.110; Ord. No.
O.1870-2014; Ord. No. 1887-2014016]
Open storage of materials and transition requirements shall be as specified in the L-B Zone, subsection
37-22.6, except that the maximum buffer area distance from a residential district shall be ten (10) feet.
[1999 Code § 17.49.120; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.49.130; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
The following activities regarding any of the buildings in the
AAR Zone shall render the building(s) subject to the requirements
of this section:
a. The new construction of a primary use building on a parcel of land.
b. The addition to an existing primary use building that is fifteen
(15%) percent or more of the gross floor area of the existing building.
c. The renovation or alteration in any manner of any outer wall of a
building that faces street frontage or is considered the front of
the building that constitutes twenty-five (25%) percent or more in
area of the wall(s) being renovated.
d. The renovation or alteration in any manner of any outer wall or combination
of outer walls of a building which constitutes forty (40%) percent
or more of the aggregate area of all the outer walls of the building.
e. The major internal renovation or alteration of a building which constitutes
fifty (50%) percent or more of the gross floor area.
[1999 Code § 17.49.140; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
Since all of the existing buildings within the limits of the
AAR Zone vary considerably in age and architecture in their present
state, it is understandable that it is difficult to impose on them
a rigid architectural design standard. Although beauty and character
are subjective, there shall be an underlying design theme to the buildings
and specifically to the facades so that a sense of conformity to a
time period is achieved. Variation, creativity, uniqueness and distinction
are not discouraged provided that there is a visual flow from building
to building with no evidence of abrupt change or disruption in design
or theme. Each building, although having its own identity should complement
the others in style and taste without the look of an exact copy.
The architectural motif that is to be followed throughout the
AAR Zone shall be based on the design of the "Old Clara Barton School
Building" which is located on the southerly side of Amboy Avenue between
Fourth Street and Brower Avenue. The architectural design can be characterized
as "turn of the century." Understandably, exact historic replication
is not expected, however this building is considered the focal point
of the AAR Zone and all future building façade designs shall
have its architectural flavor and sense.
[1999 Code § 17.49.150; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
Although diversity is not prohibited in the building design
characteristics, various specific design criteria are to be followed
as listed below:
a. The prominent veneers to be used for facades and sides of buildings
facing the street shall be brick or stone. The brick colors shall
be in the brown, beige or red tones. Stone coloring shall be more
flexible but maintain a subdued color scheme in keeping with the brick
tones.
b. Other veneers such as vinyl, aluminum or other man-made siding products
and wood veneer products shall be considered secondary veneers to
compliment the brick or stone. The colors of such veneers shall be
in subdued tones to blend in a compatible and aesthetic fashion. The
use of fluorescent colors is prohibited as are abrupt color changes,
even in the subdued tones, that clash visually.
c. All facades or sides of buildings facing the street shall have a
décor that prohibits for a maximum distance of fifteen (15)
feet horizontally, bare unadorned walls along each floor. These walls
shall have appurtenances either decorative or functional to satisfy
the condition. Such appurtenances shall consist of windows, doors,
columns, lintels, cornices, balconies, overhangs, awnings, arches,
railings or any other architectural items that fit the herein recommended
design theme.
d. Roofs shall be of the "A" frame peak type wherever possible and include
turrets, cupolas, towers and gables to reflect the "turn of the century"
and "Victorian" attributes. Where it is necessary to install other
than a peaked roof due to structural or height restrictions, parapets,
cornices, eaves, turrets and other architectural devices that also
reflect the above stated attributes shall be utilized.
[1999 Code § 17.49.160; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
When a building is subject to the requirements of subsection
37-25.14, new signs for the building shall be installed in accordance to specific standards as herein set forth. To maintain the desired degree of conformity with an acceptable level of diversity, all signs shall be installed in accordance with a style that fits the architectural standards recommended for the AAR Zone.
Other than the above standards all other sign regulations shall be pursuant to Section
37-62.
[1999 Code § 17.49.170; Ord. No.
O.1870-2014; Ord. No. O.1887-2014; Ord. No. O.1941-2016]
If a building subject to the requirements of subsection
37-25.14, is also installing site appurtenances, they shall be compatible with the streetscape design as installed by the municipality along Amboy Avenue in the AAR Zone. The proposed appurtenances which include but are not limited to landscaping, curbing, sidewalks, tree grates, benches, area lamps, trash receptacles, and planters shall comply with the streetscape specifications of said zone which are available at the Office of the Township Engineer.
[1999 Code § 17.52.010; Ord. No.
O.1941-2016]
These districts are differentiated one from the other by the
schedule of development and use. The purpose of these districts is
to provide a reasonable use of land for nonresidential purposes, but
at the same time maintain a residential presence.
[1999 Code § 17.52.020; Ord. No.
O.1941-2016]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Medical and dentistry and related professional services;
b. Business and professional offices and banks;
c. In the O-S and O-S-1 districts only, barbershops, beauty shops and
similar service establishments;
d. In the O-S and O-S-1 districts only, retail sales of books, stationery
sales, arts and craft sales, antique stores, photography sales and
supplies and recreational equipment sales. In no case shall any use
be permitted which involves the sale of food, inclusive of candy,
ice cream, etc.;
e. Single-family detached dwelling.
[1999 Code § 17.52.030; Ord. No.
O.1941-2016]
Use customary and incidental to the principal use and located
within the principal building(s).
[1999 Code § 17.52.040; Ord. No.
O.1941-2016]
Dwelling unit as an accessory use, subject to the following:
a. The dwelling unit shall be accessory to the principal use at the
site and shall be located in the same building.
b. A dwelling unit shall have an exterior entrance separate from that
of the principal business use at the site.
c. The inclusion of a dwelling unit as an accessory to the principle
unit will be subject to the required Affordable Housing Development
Fee.
[1999 Code § 17.52.050; Ord. No.
O.1941-2016]
Height, area and yard requirements are as specified in the schedule, Section
37-63.
[1999 Code § 17.52.060; Ord. No.
O.1941-2016]
Same as specified for the L-B district. (Editor's Note: See subsection
37-22.6)
[1999 Code § 17.52.070; Ord. No.
O.1941-2016]
Off-street parking and loading requirements are as specified in Section
37-60.
[1999 Code § 17.52.080; Ord. No.
O.1941-2016]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.52.090; Ord. No.
O.1941-2016]
The development character of these districts in most instances
was or is residential in appearance. Most buildings were originally
constructed as single-family homes. In this context, any new, altered
or enlarged construction shall be designed to maintain a residential
appearance.
[1999 Code § 17.56.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Offices for executive, administrative, professional and business
purposes;
b. Scientific or research laboratories, provided that all activities
and equipment associated with the principal use are housed within
the principal structure(s);
c. Fabrication and assembly of products, but not including uses which
require operation of grinders, scalers, drop drainers or for uses
involving chemical restructuring of materials;
d. Processing and printing facilities for finished products or materials;
e. Commercial recreational uses limited to tennis, racquetball and swimming
facilities.
[1999 Code § 17.56.020]
The following uses are specifically intended to be prohibited:
b. Commercial uses, except if permitted as an accessory use hereafter;
c. Hazardous use of buildings and lands as follows:
1. No building or land shall be used and no structure shall be erected,
constructed, reconstructed, altered or repaired for the purpose of
processing, manufacturing, producing or storing hazardous, toxic or
corrosive substances. This provision shall not apply to the incidental
use and limited storage of such substances in connection with uses
permitted by this chapter.
2. "Hazardous, toxic and corrosive substances" shall be defined as those
named in regulations promulgated by the United States Environmental
Protection Agency and other Federal and State of New Jersey regulatory
agencies.
[1999 Code § 17.56.030]
Any accessory use on the same lot customary and incidental to
any use permitted in this district, such as but not limited to:
a. Quarters for necessary caretakers and watchmen located on the same
lot;
b. Cafeteria facilities for the sale of items to and for the personal
convenience of persons employed on the premises;
c. Showroom for the limited sale of products to employees only, provided
that:
1. It shall be limited to an area not more than one (1%) percent of
the total building area, but in no event shall the area exceed one
thousand five hundred (1,500) square feet,
2. It shall be an integral part of the building,
3. Sales of products to the general public may be permitted in accordance
with Township ordinances.
[1999 Code § 17.56.040]
a. Freestanding telecommunication towers subject to the following conditions:
1. The telecommunication towers shall meet all other zoning regulations
for freestanding towers including, but not limited to, height and
setback,
2. The height of such towers does not exceed the distance between the
tower base and any property line of a parcel which is in any zone
other than L-I or R-I zone, and
3. No such tower shall be located within one thousand (1,000) feet of
any school or residential dwelling;
4. Any proposed tower shall be "mono-pole," unless the applicant can
empirically demonstrate, and the approving Board agrees, that a different
type of pole is necessary for the collocation of additional antennas
on the tower or for camouflaging purposes.
5. To the greatest extent possible, no tower shall be located to be
visible from any historic district or site as duly designated by Edison
Township, the State of New Jersey and/or by the Federal government.
6. To the greatest extent possible, no tower shall be located to be
visible from any public street or from any residential zone.
7. To the extent possible, any new tower shall be located behind existing
buildings and/or natural topographic elevations in order to screen
the tower's base from being visible from adjacent properties and from
any street right-of-way.
8. All new towers shall be camouflaged (e.g. housed in a "silo," "bell
tower," etc. or made to look like a "tree" or a non oversized "flagpole")
as may be appropriate in the context of the visibility of the tower
from different vantage points throughout the Township and the existing
land uses and vegetation in the vicinity of the subject site.
9. The height of any proposed new supporting tower shall not exceed
one hundred fifty (150) feet unless it can be empirically demonstrated
by the applicant, to the satisfaction of the Board, that a higher
height is necessary for the proposed installation of the antenna(s)
to satisfactorily operate.
10. To the greatest extent possible, all cables shall be installed within
underground conduits.
11. No signage is permitted, unless "warning" and/or equipment information
signs are deemed necessary for safety purposes and are specifically
approved by the approving Board.
12. Minimal off-street parking shall be permitted as needed and as specifically
approved by the approving Board in no case less than one (1) off-street
parking be provided per each carrier proposed to be located at any
antenna site.
13. No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the approving Board all applicable
FAA standards regarding lighting that may apply to a proposed tower.
14. Individual cabinets for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
(a)
Any proposed cabinet enclosing required electronic equipment
shall not be more than fifteen (15) feet in height nor more than two
hundred fifty (250) square feet in area, and only one (1) such cabinet
shall be permitted for each provider of wireless communication services
located on the site;
(b)
No electronic equipment shall interfere with any public safety
communications;
(c)
All of the electronic equipment shall be automated so that,
to the greatest extent possible, the need for on-site maintenance
and the commensurate need for vehicular trips to and from the site
will be minimized.
(d)
All the required electronic equipment for all anticipated communication
carriers to be located on the subject site shall be housed within
a one and one-half (1 1/2) story building, which building shall
not exceed one thousand (1,000) gross square feet in area and twenty
(20) feet in height, and which shall be designed with a single-ridge,
pitched roof with a residential or barnlike character of appearance;
and
(e)
The building may have one (1) light at the entrance to the building,
provided that the light is attached to the building, is focused downward
and the switch to that light is turned on only when workers are at
the building.
15. Between the location of the tower and the building enclosing related
electronic equipment and any public street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower, particularly at its base,
to the maximum extent reasonably possible, and to enhance the appearance
of the building from the surrounding residential properties and any
public street;
(b)
The landscaping plan shall be prepared by a licensed Landscape
Architect who shall present testimony to the approving Board regarding
the adequacy of the plan to screen the tower from view and to enhance
the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight (8)
feet high spaced on ten (10) inch centers at time of planting, and
any newly planted deciduous trees shall be a minimum caliper of three
(3) inches to three and one-half (3 1/2) inches caliper, spaced
on thirty (30) inch centers at time of planting.
b. Dishes or antennas which transmit microwaves from a tower, rooftop,
water tower or other elevated location subject to the following conditions:
1. The dishes or antennas shall meet all other zoning regulations for
dishes and antennas including, but not limited to, height and setback,
2. The height of such dishes or antennas does not exceed the distance
between the dish or antenna base and any property line of a parcel
which is in any zone other than an L-I or R-I zone,
3. No such dish or antenna shall be located within one thousand (1,000)
feet of any school or residential dwelling.
[1999 Code § 17.56.050]
Height, area and bulk requirements are as specified in the Schedule of Regulations, Section
37-63.
[1999 Code § 17.56.060]
All uses hereafter established shall conform to the following
requirements:
a. Transition Requirements. There shall be established along the line
of any lot that is contiguous to any residential district, unless
the side or rear lot line coincides with a State or Federal highway
or railroad right-of-way, a buffer area at least thirty (30) feet
in width which shall consist of trees, fencing, earthen berm or any
combination of the same.
b. Storage. All materials and equipment shall be stored in completely
enclosed buildings or shall otherwise be screened by walls, fences
and landscaping to adequately screen such materials and equipment
from view outside the boundaries of the lot.
c. Where an R-I district lot abuts a residential district, the minimum
yard depth adjacent to the residential district shall be seventy (70)
feet.
[1999 Code § 17.56.070]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve, in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the side and rear yards;
provided, however, that no parking area shall be located nearer than
ten (10) feet to any side or rear lot line.
[1999 Code § 17.56.080]
Signs shall be as specified in Section
37-62.
[1999 Code § 17.60.010]
The purpose and intent of the R-I-1 restricted industrial district
is to permit low intensity, low traffic generating, environmentally
sensitive industrial uses which are compatible with surrounding nonindustrial
uses and protective of adjacent potable watershed lands.
[1999 Code § 17.60.020]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Offices for executive, administrative, professional and business
purposes;
b. Finishing and assembly of products made from previously prepared
or refined materials and delivered to the site but not involving chemical
compounding or mixing or use of solvents, dyes or similar agents which
are classified as hazardous substances;
c. Mechanical assembly of high technology and electronic equipment;
d. Warehousing facilities for products or materials, excluding hazardous,
toxic, flammable and corrosive substances;
e. Electrical equipment and appliances, heating, ventilation, air-conditioning,
plumbing and refrigeration equipment service businesses;
f. Craftsman's or contractor's shop, such as carpentry, plumbing, welding,
electrical or machine shop;
g. Indoor tennis courts, handball courts, gymnasium, health clubs, aerobics
or dance studio or similar uses;
h. Scientific or research laboratories (excluding genetically engineered
products), for nonhazardous, nontoxic, noncorrosive substances, provided
that all activities and equipment associated with the principal use
are housed within the principal structure(s);
i. Agricultural uses limited to indoor operations only, such as greenhouses
and aquaculture facilities;
j. Freezer and cold storage facilities not utilizing hazardous or toxic
refrigerants.
[1999 Code § 17.60.030]
The following uses are specifically intended to be prohibited:
b. Commercial uses, except indoor tennis courts, handball courts, gymnasium,
health clubs, aerobic or dance studios or similar uses;
c. The use, manufacturing, generation, refining, transportation, treatment,
disposal, processing, handling, transfer or storage of toxic, hazardous,
flammable or corrosive materials by any "industrial establishment"
as such term is defined in the Environmental Cleanup Responsibility
Act, N.J.S.A. 13:1K-6 et seq. and its regulations, as such Act and
its regulations may be amended front time to time;
d. Hazardous use of buildings and lands as set forth in subsection 37-3.1.2c
of this chapter;
e. Professional dry-cleaning operations and similar uses;
f. Transportation facilities and truck depots;
g. Keeping or raising livestock, domesticated animals, fowl, reptiles,
amphibians or other similar type animals;
h. Any use involving underground or aboveground and outdoor storage
tanks for the storage of toxic, hazardous, flammable or corrosive
materials.
[1999 Code § 17.60.040]
Any accessory use on the same lot customary and incidental to
any use permitted in this district, such as but not limited to: showroom
for the sale of products, provided that no more than ten (10%) percent
or one thousand (1,000) square feet, whichever the lesser, of the
gross floor area for the entire site is used for retail sales. Such
retail sales shall be accessory to a permitted principal use within
the facility. Further, such use shall be located on a lot of no less
than three (3) acres in size.
[1999 Code § 17.60.050]
None.
[1999 Code § 17.60.060]
Height, area and bulk requirements are as specified in the Schedule of Regulations, Section
37-63.
[1999 Code § 17.60.070]
All uses hereafter established shall conform to the following
requirements:
a. Transition Requirements. There shall be established along the line
of any lot that is contiguous to any residential district (unless
the side or rear lot line coincides with a State or Federal highway
or railroad right-of-way) a buffer area of at least fifty (50) feet
in width which shall consist of trees, fencing, earthen, berm or any
combination of the same.
b. Storage. All materials and equipment shall be stored in completely
enclosed buildings.
c. Any/all storage of nonhazardous, nontoxic, nonflammable and noncorrosive
liquid material or products, whether internal or external, shall be
provided with a diked containment area with a capacity equal to one
hundred twenty (120%) percent of the capacity for the stored volume
of material, with the containment area provided with positive drainage
to a collection point served by an oil separator chamber and/or such
other control devices deemed necessary by the Township Divisions of
Health, Engineering and Fire to preclude any discharge of materials
from the storage area or containment area onto any ground surface.
Such storage and containment facilities shall comply with all applicable
Federal, State and local environmental, health, safety and fire codes,
laws, rules and regulations and shall be inspected and approved by
the Township Health Officer and Fire Subcode Official prior to use.
d. Where an R-I-1 district abuts a residential district, the minimum
yard depth adjacent to the residential district shall be seventy (70)
feet.
[1999 Code § 17.60.080]
a. Off-street parking space and loading space, together with appropriate access thereto, shall be provided on the same lot as the building they are intended to serve, in accordance with the standards of Section
37-60.
b. Off-street parking space and loading space may be located in the
side and rear yards, provided that no parking or loading area shall
be located nearer than ten (10) feet to any side or rear lot line
nor nearer than thirty (30) feet to any side or rear lot line when
the lot line is contiguous to any residential district.
c. All surface water from any parking in this zone shall be collected
and discharged to a stormwater transmission system approved by the
Township Division of Engineering. No surface runoff from parking areas
or loading areas shall be allowed to percolate into permeable on-site
or contiguous off-site soils.
[1999 Code § 17.60.090]
Signs shall be subject to the regulations set forth in Section
37-62.
[1999 Code § 17.64.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses or a use or building similar or equivalent:
a. Offices for executive, administrative or professional purposes;
b. Scientific or research laboratories, including incidental pilot plants
in connection therewith;
c. Manufacturing, processing, finishing, fabrication and assembly of products subject to the limitations of subsection
37-4.14, Uses Prohibited in All Zones, and subsection
37-33.8;
d. Warehousing-distribution facilities for products or materials but
not including truck terminals as defined herein;
e. Retail sale and warehousing-distribution facilities, provided that
no more than ten (10%) percent or two thousand (2,000) square feet,
whichever the lesser, of the gross floor area is used for retail sales.
Such retail sales shall be accessory to a permitted principal use
within the facility. Further, such use shall be located on a lot of
no less than three (3) acres in size;
f. Electrical equipment and appliances, heating, ventilating, air-conditioning,
plumbing and refrigeration equipment sales and service businesses;
g. Packaging and bottling plant;
h. Indoor tennis courts, skating rinks, handball courts and health clubs
or similar uses;
i. Newspaper and printing establishments;
j. Craftsman's or contractor's shop, such as carpentry, plumbing, welding,
electrical or machine shop;
k. Wholesale business establishment, distribution plant, parcel delivery
establishment, cold-storage plant or food commissary.
[1999 Code § 17.64.020]
Any accessory use on the same lot customary and incidental to
the principal use on the lot, and further provided that, recognizing
that occasional inventory or stock clearance sales are necessary,
four (4) such sales per year may be permitted.
[1999 Code § 17.64.030]
a. Restaurants and other eating and drinking establishments wherein
food and drink are consumed within the principal building, provided
that such use is located within an industrial park for which an approved
overall development plan is of record. Such uses shall not be interpreted
to include and are hereby defined to exclude drive-in restaurants
or refreshment stands, commonly called "snack bars," "dairy bars,"
"hamburger stands" or "hot dog stands" or similar uses where customers
and patrons are served food, soft drinks or ice cream primarily for
their immediate consumption outside the confines of the building or
structure in which the business is conducted;
b. Transportation facilities and truck depots, provided that the use
is individually located on a lot within an industrial park as defined
herein for which an improved overall development plan or general development
plan is of record and has Edison Township Planning Board approval.
An industrial park shall be a minimum of twenty-five (25) acres in
size and consist of not less than four (4) principal uses located
on five (5) acre minimum size lots and subject to the following: A
transportation facility or truck depot shall not include bus, truck,
trailer and/or tank, washing and cleaning facilities, new or leased
vehicle storage areas and vehicle dismantling facilities and further
provided:
1. No repair or painting shall be conducted out of doors,
2. No vehicles awaiting repair shall be stored within the front yard
area,
3. No such use shall be located on a lot within two hundred (200) feet
of a residential zone, day-care facility, public park, school, church
or mosque,
4. No such use shall be included as an accessory activity to the salvage
and/or sale of used vehicles or parts thereof,
5. No such use shall engage in the activity of crushing, cutting or
general disassembly of vehicles; such activity commonly referred to
as a "salvage" or "junkyard" are prohibited by this chapter;
c. Automotive repair, inclusive of body repair, painting, and customizing,
provided that such use is located within an industrial park for which
an improved overall development plan is of record, and further provided
that the use complies with paragraphs 1. through 5. below:
1. No repair or painting shall be conducted out of doors,
2. No vehicles awaiting repair shall be stored within the front yard
area,
3. No such use shall be located adjacent to any residential zone,
4. No such use shall include as an accessory activity the salvage and/or
sale of used vehicles or parts thereof,
5. No such use shall engage in the activity of crushing, cutting or
general disassembly of vehicles; such activity commonly referred to
as a "salvage" or "junkyard" are prohibited by this chapter;
d. Freight yard classified as second class railroad property pursuant
to N.J.S.A. 54:29A-23, but not including privately owned rail siding(s),
provided that the use complies with the following:
1. No principal or accessory structure associated with such use shall
be located less than fifty (50) feet from any lot line.
2. A buffer consisting of earthen berm, solid fencing and plants, or
any combination of the same, shall be installed along any lot line
of a freight yard use which coincides with a residential zone boundary.
The buffer shall have an effective height of no less than ten (10)
feet and shall provide an effective noise and visual barrier of the
freight yard use to the adjacent residential zone. Existing trees
of three (3) inches or more caliper shall be incorporated into the
buffer design.
3. No maintenance, security or other access driveway shall be located
between the required buffer and an adjacent residential zone;
e. Freight yard classified as second class railroad property pursuant
to N.J.S.A. 54-29A-23, provided that the use complies with the following:
1. No principal or accessory structure associated with such use shall
be located less than fifty (50) feet from the lot line of any residential
use or any residentially-zoned lot, owned by any person or entity
other than the owner of the freight yard classified as second class
railroad property.
2. A buffer consisting of earthen berm, board-on-board fencing or equal
and plants or any combination of the same shall be installed along
any lot line of a freight yard use which coincides with a zone boundary,
excepting any lot or lots that are not the subject of an application
for development. The buffer shall have an effective height of no less
than ten (10) feet and shall provide an effective visual barrier of
the freight yard use to the adjacent residential zone. Existing trees
of three (3) inches or more caliper shall be incorporated into the
buffer design.
3. No maintenance, security or other access driveway shall be located
between the required buffer and an adjacent residential zone;
f. Freestanding telecommunication towers subject to the following conditions:
1. The telecommunication towers shall meet all other zoning regulations
for freestanding towers including, but not limited to, height and
setback,
2. The height of such towers does not exceed the distance between the
tower base and any property line of a parcel which is in any zone
other than L-I or R-I zone, and
3. No such tower shall be located within one thousand (1,000) feet of
any school or residential dwelling;
4. The conditions set forth in subsection
37-31.4, paragraph a4 through a15.
g. Dishes or antennas which transmit microwaves from a tower, rooftop,
water tower or other elevated location subject to the following conditions:
1. The dishes or antennas shall meet all other zoning regulations for
dishes and antennas including, but not limited to, height and setback.
2. The height of such dishes or antennas does not exceed the distance
between the dish or antenna base and any property line of a parcel
which is in any zone other than an L-I or R-I zone.
3. No such dish or antenna shall be located within one thousand (1,000)
feet of any school or residential dwelling.
[1999 Code § 17.64.040]
Height, area and yard requirements are as specified in the Schedule of Regulations, Section
37-63, except as permitted herewith:
a. Permitted Modifications--Industrial Parks.
1. An industrial park development shall be permitted in the L-I district,
provided that it shall have a total area of at least twenty-five (25)
acres. No individual use within said industrial park shall be on a
plot of land less than one (1) acre in size. Not more than fifty (50%)
percent of the total land area in the industrial park shall be devoted
to uses of individual plots of less than two (2) acres in size. Within
an industrial park, all frontages shall be a minimum of one hundred
fifty (150) feet; rear yards shall be a minimum of twenty-five (25)
feet; and all front yard setbacks shall be a minimum of forty (40)
feet. The minimum side yard shall be twenty-five (25) feet in width.
2. The height of building(s) and/or the number of stories may be increased
by ten (10) feet and/or one (1) story for each additional forty thousand
(40,000) square feet of lot area above the minimum required, except
that no structure shall exceed one hundred (100) feet in height, and
further provided that this modification shall not be permitted where
the structure is or is proposed to be located within five hundred
(500) feet of a residential zone boundary. This modification shall
be applicable to industrial parks.
3. Within an industrial park, commercial and personal service uses,
limited to restaurants, barber and beauty shops, clothing and drug
stores, newspaper and stationery stores, shall be permitted, provided
that such uses occupy less than one (1%) percent of the floor area
of the industrial park in which located.
b. General Development Plan Requirements for Industrial Parks.
1. Application Procedure. The applicant shall submit a general development
plan for the entire tract. The general development plan shall set
forth the amount of nonresidential floor space and the floor area
ratio for the industrial park development in its entirety, according
to a schedule which sets forth the sequence of construction of the
various sections of the development. Subject to the provisions hereof
and of other applicable law, the development shall be developed in
accordance with the general development plan approved by the Planning
Board, notwithstanding any provision of N.J.S.A. 40:55D-45.2, or an
ordinance or regulation adopted pursuant thereto after the effective
date of the approval. The applicant shall file an application form
for a general development plan and pay applicable fees as set forth
in the subdivision and site plan ordinance of Edison Township. The
application submission shall conform to paragraph b2 below.
In making its determination regarding duration of the effect
of approval of the general development plan, the Planning Board shall
consider the amount of nonresidential floor area to be constructed,
prevailing economic conditions, the timing schedule to be followed
in completing the development and the likelihood of its fulfillment,
the developer's capability of completing the proposed development
and the contents of the general development plan and any conditions
which the Planning Board attaches to the approval thereof.
The term of the effect of the general development plan approval
shall be determined by the Planning Board using the guidelines set
forth in this subsection, except that the term of the effect of the
approval shall not exceed twenty (20) years from the date upon which
the developer receives final approval of the first section of the
development. Upon the expiration of the initial term and for good
cause, the Planning Board may grant extensions of the term up to the
maximum term permitted by N.J.S.A. 40:55D-39.
2. Contents of General Development Plan Application. A general development
plan application shall include such information as is reasonably necessary
to disclose the following:
(a)
The location and size of the site and the nature of the landowner's
interest in the land to be developed;
(b)
The general land use plan at scale of one (1) inch to four hundred
(400) feet or greater indicating the tract area and general locations
of the land uses to be included in the planned development. The amount
of nonresidential floor area to be provided and proposed land area
to be devoted to nonresidential use shall be set forth. In addition,
the proposed types of nonresidential uses to be included in the planned
development shall be set forth, and the land area to be occupied by
each proposed use shall be estimated. The density and intensity of
use of the entire planned development shall be set forth, and a residential
density and a nonresidential floor area ratio shall be provided;
(c)
A circulation plan showing the general location and types of
transportation facilities, which may include rail, heliport, docks,
terminals and facilities for pedestrian access within the development.
The general development plan shall also show proposed improvements
to the existing transportation system outside the development. The
general development plan shall also show means of access for all emergency
services. Further, the circulation plan shall form the basis for an
Official Map pursuant to N.J.S.A. 40:55D-32. At time of final site
plan, the Official Map shall be filed by applicant as a part of development
application;
(d)
An open space plan showing the proposed land area and general
location of any land areas to be set aside for conservation and recreation
purposes and a general description of improvements proposed to be
made thereon, including a plan for the operation and maintenance of
parks and recreational lands;
(e)
A utility plan indicating the need for and showing the proposed
location of sewage and water lines, any drainage facilities necessitated
by the physical characteristics of the site, proposed methods for
handling solid waste disposal; and a plan for the operation and maintenance
of proposed utilities;
(f)
A stormwater management plan setting forth the proposed method
of controlling and managing stormwater on the site, including preliminary
engineering estimates of stormwater run-off quantities;
(g)
An environmental inventory including a general description of
the vegetation, soils, topography, geology, surface hydrology, climate
and cultural resources of the site, existing man-made structures or
features, any hazardous/toxic material and/or contamination on the
site and the probable impact of the development on the environmental
attributes of the site;
(h)
A local service plan indicating those public services which
the applicant proposes to provide and which may include, but not be
limited to, water, sewer, cable and solid waste disposal;
(i)
A proposed timing schedule in the case of a planned development
whose construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public prior to the completion of the development in its entirety;
(j)
A plan showing all off-tract improvements and/or extensions
of municipal facilities;
(k)
A road plan for total development, showing where any proposed
roads continue and/or form a roadway system outside the site, if applicable;
(l)
A preliminary plan for development shall include all items required
in the checklist for the major site plan and subdivision application.
3. Other Requirements.
(a)
Open Storage of Materials. Except in the case of marine facility
uses, no open display or storage of products, materials and equipment
shall be permitted in a required front yard area.
(b)
Off-street parking space may be located in the front, side and
rear yards and beneath buildings, provided, however, that no parking
space for a nonresidential use shall be located nearer than ten (10)
feet to any street curbline. Parking beneath a building shall not
be considered floor area of the building for any purpose. Any parking
proposed within a required front, side, or rear setback area shall
be screened with a dense planting of five (5) foot to six (6) foot
high evergreens placed at seven (7) foot centers.
4. Procedure for Variation from General Development Plan. The developer
shall be required to gain the prior approval of the Planning Board
if, after approval of the general development plan, the developer
wishes to make any variation in the location of land uses within the
development or increases the floor area ratio of nonresidential development
in any section of the development.
5. Roadway Standards.
(a)
All existing roads and proposed roads to be dedicated shall
be improved and/or constructed in accordance with the Township standards.
(b)
The right-of-way and pavement widths for improvement of private
ways, roads and alleys shall be determined from sound planning and
engineering standards in conformity with the estimated needs of the
full development proposed and the traffic to be generated thereby
and shall be adequate and sufficient in size, location and design
to accommodate the maximum traffic, parking and loading needs and
the access of fire-fighting equipment and police vehicles. Internal
private roads shall have a required pavement width as follows:
(1)
Two-way traffic roads shall be a minimum of thirty-six (36)
feet paved width;
(2)
Sidewalks, if any, shall be at least four (4) feet in width.
Service ways for public service and emergency vehicles shall be no
less than fifteen (15) feet in width;
(3)
Development Staging. As a condition of final approval of the
general development plan, the Board may permit the implementation
of the plan, the plan in whole or in sections or in stages consisting
of one (1) or more sections or stages. Such sections or stages shall
be:
i.
Functionally self-contained and self-sustaining with regard
to access, parking utilities, open spaces and similar physical features
and shall be capable of substantial occupancy, operation and maintenance
upon completion of construction and development,
ii.
Properly related to other services of the community as a whole
and to those facilities and services yet to be provided in full execution
and implementation of the development plan,
iii. Provide temporary or permanent transitional features,
buffers or protective areas as the conditions of ownership and maintenance
may require to prevent damage or detriment to any completed section
or stage of development. Plans and specifications of such sections
or stages are to be filed with the Board and are to be of such detail
to demonstrate the arrangement of land uses, (public and private)
utilities and emergency service facilities.
(c)
Overall Development Plan Requirement for Industrial Parks. All
requirements to be as specified in paragraph b5(b)(3)ii above except
as indicated below:
The term of the effect of overall development plan approval
shall not exceed ten (10) years from the date upon which the developer
receives final approval of the first section of the development.
|
[1999 Code § 17.64.050]
All uses hereafter established shall conform to the following
requirements:
a. Transition requirements: same as set forth in the R-I district.
b. Storage. All materials and equipment shall be stored in completely
enclosed buildings or shall otherwise be screened by walls, fences
and landscaping to adequately screen such materials and equipment
from outside the boundaries of the lot.
[1999 Code § 17.64.060]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be nearer than
fifteen (15) feet to any street lot line nor nearer than five (5)
feet to the front of a building, and further provided that complete
building perimeter parking is prohibited.
[1999 Code § 17.64.070]
Signs shall be subject to the regulations of Section
37-62.
[1999 Code § 17.64.080]
d. Cloth manufacture requiring formaldehyde or equivalent as an additive;
e. Metal manufacture of raw or recyclable materials;
f. Metal fabrication of trailers, truck bodies and cranes for lease
or sale;
[1999 Code § 17.64.090]
An application for development, in accordance with subsections
37-33.1 through
37-33.8 shall be submitted with the required fees and all required submissions set forth under the applicable checklist as established in Schedule B and Schedule C, which schedule is attached to the ordinance codified in this section and made a part of this section by reference and is on file in the Clerk's Office for public inspection.
[1999 Code § 17.64.100]
a. Definitions. As used in this section:
APPLICATION CHECKLIST
Means the list of submission requirements adopted by ordinance
and provided by the Municipal agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
DEVELOPER
Means a developer as defined by N.J.S.A. 40:55D-4, the legal
or beneficial owner or owners of a lot or any 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.
PROFESSIONAL
Means any person or entity whose principals are required
to be licensed by New Jersey Law and who supplies legal representation,
expert testimony or written reports in support of an application.
Professionals shall include both any individuals supplying the representation,
testimonies or reports and the firms or entities in which the individuals
practice.
CONTRIBUTION
Means every loan, gift, subscription, advance or transfer
of money or other thing of value, including any item of real property
or personal property, tangible or intangible (but not including services
provided without compensation by individuals volunteering a candidate,
committee or organization), made to or on behalf of any candidate,
candidate committee, joint candidates committee, political committee,
continuing political committee or political party committee and any
pledge, promise or other commitment or assumption of liability to
make such transfer. For purposes of reports required under the provisions
of the ordinance, any such commitment or assumption shall be deemed
to have been a contribution upon the date when such commitment is
made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT
Means a list specifying the amount, date, and the recipient
of any and all contributions made to or on behalf of any candidate,
candidate committee, joint candidates committee, political committee,
continuing political committee or political party committee of, or
pertaining to, this municipality, made up to one (1) year prior to
filing the variance application and/or during the pendency of the
application process, and required to be reported pursuant to N.J.S.A.
19:44A-1 et seq.
b. General Provisions.
1. Disclosure Requirements.
(a)
Any application for a variance pursuant to N.J.S.A. 40:55-70(d)
shall include in the application contribution disclosure statements
for all developers; all associates of the developers who would be
subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2;
and all professionals who apply for or provide testimony, plans, or
reports in support of the variance and who have an enforceable proprietary
interest in the property or development which is the subject of the
application or whose fee in whole or part is contingent upon the outcome
of the application. Regardless of whether the owner of the property
which is the subject of the variance application falls in any of the
categories established in the preceding sentence, the applicant shall
include in the application a contribution disclosure statement for
the owner.
(b)
During the pendency of the application process until final site
plan approval is granted, any applicant for a variance pursuant to
N.J.S.A. 40:55D-70(d) shall amend its contribution disclosure statements
to include continuing disclosure of all contributions within the scope
of disclosure requirement of the above subdivision.
2. Inclusion of Contribution Disclosure Statement as an Element of the
Application Checklist.
(a)
An application checklist ordinance is adopted pursuant to N.J.S.A.
40:55D-10.3 to require contribution disclosure statement from any
and all owners, developers, or professionals applying for or providing
testimony, plans, or reports in support of any application for a variance
pursuant to N.J.S.A. 40:55D-70(d).
(b)
The municipal Board of Adjustment shall amend its application
checklist to include the contribution disclosure statement specified
in the above subdivision.
3. Availability of the Disclosure Statement. All contribution disclosure
statements shall be available in the office of the administrative
officer for review by any member of the public.
4. Admission of Contribution Disclosure Statement Prohibited. The contents
of any contribution disclosure statement required to be filed, and
any comments or statements concerning same, shall be inadmissible
for any purpose at any hearing of the Zoning Board of Adjustment,
and furthermore this information shall not become part of the official
record before that Board on any application.
[1999 Code § 17.68.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Offices for executive, administrative and professional purposes;
b. Educational and technical training institutions and schools, banks
and insurance offices;
c. Retail business uses limited to restaurants, clothing and shoe shops,
drug stores, variety shops, department stores, radio, television and
music shops, travel agencies, copy services, book and stationery stores,
etc., provided that only twenty (20%) percent of the total floor area
of the building(s) on a lot shall be used for retail business uses;
d. Communications offices and studios, scientific and research laboratories;
e. Indoor theaters, tennis courts, health spas and similar commercial,
recreational uses;
f. Motel/hotel containing not less than one hundred (100) transient
rental rooms and motel/convention center.
[1999 Code § 17.68.020]
Any accessory use on the same or on a contiguous lot customary
and incidental to any use permitted in this district, including but
not limited to parking decks and garages on a lot containing office
uses of fifty thousand (50,000) square feet or greater, convenient
shops selling food, medical supplies, stationery, dry goods and other
similar products shall be permitted, provided that such uses shall
not occupy more than five (5%) percent of the gross floor area of
buildings located on the lot, and further provided that no advertisement
of such uses shall be placed so as to attract the general public.
[1999 Code § 17.68.030]
a. Drive-in bank, provided that same is an accessory use to a principal
permitted use in the zone;
b. Enclosed and open swimming pools and health spas as an accessory
use to a motel or convention center use only.
[1999 Code § 17.68.040]
Height, area and yard requirements are as specified in Schedule A, Section
37-63 and as set in subsection
37-34.6, paragraph c.
[1999 Code § 17.68.050]
a. Transition Requirement. There shall be established along the line
of any lot that is contiguous to any residential district, unless
contiguous zone boundary lines coincide with a Federal or State highway
right-of-way or railroad, a buffer area at least thirty (30) feet
in width, plus, for each ten (10) foot interval or fraction thereof
of building height exceeding forty-five (45) feet, an additional five
(5) foot width of buffer area shall be required.
b. Storage. All materials and equipment shall be stored in the principal
building(s) or shall otherwise be screened by walls, fences and landscaping
to adequately screen such materials and equipment from outside the
boundaries of the lot.
[1999 Code § 17.68.060]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be nearer than
thirty (30) feet to any street lot line nor nearer than ten (10) feet
to the front of a building, and further provided that complete building
perimeter parking is prohibited.
c. Off-street parking and loading may be provided in an enclosed parking deck or garage, above and/or below grade. The design standards in Section
37-60 shall apply to such garage or deck insofar as is practicable. If parking decks or garages are constructed, the lot coverage provisions of the height, area, yard and building requirements otherwise applicable in this district shall be as follows:
1. Maximum percent of lot coverage by building, inclusive of accessory
buildings: forty-five (45%) percent.
2. Maximum percent of lot coverage by all buildings and pavement: eighty
(80%) percent.
[1999 Code § 17.68.070]
Signs shall be subject to the sign regulations of Section
37-62.
[Ord. No. O.1898-2015]
Any property in the FBZ Flexible Business Zone may be developed
and used for the permitted uses and in accordance with the development
standards in the zoning district in which the property is situated,
and, may also be developed and used for the permitted uses and in
accordance with the development standards for the following zoning
districts:
G-B
|
General Business District
|
G-BH
|
General Business District
|
L-I
|
Light Industrial District
|
O-S
|
Office-Service District
|
O-S-1
|
Office-Service District
|
O-S-2
|
Office-Service District
|
R-I
|
Restricted Industrial District
|
R-I-1
|
Restricted Industrial District
|
RRRD
|
Raritan River Revitalization District
|
[Ord. No. O.1898-2015]
Any property in the Flexible Business Zone may be developed and used for the accessory uses and in accordance with the development standards in the zoning district in which the property is situated, or, if the property is developed or used for the accessory uses permitted in the zoning districts listed in subsection
37-35.1 then the accessory uses for that zoning district are allowed.
[Ord. No. O.1898-2015]
a. Any property in the Flexible Business Zone may be developed and used for the conditional uses and in accordance with the development standards in the zoning district in which the property is situated, or, if the property is developed or used for the accessory uses permitted in the zoning districts listed in subsection
37-35.1 then the conditional uses for that zoning district are allowed.
b. Notwithstanding the foregoing, gasoline stations or automobile service
stations shall only be conditional uses and also subject to the following
conditions:
1. The maximum number of fuel dispensers shall not exceed eight (8).
2. Shall contain an accompanying convenience store with a minimum of
5,000 square feet. Stand alone stations shall not be permitted.
3. The minimum distance between gasoline stations or automobile service
stations on the same side of the road shall be 3,000 feet.
[Ord. No. O.1898-2015]
a. The prohibited uses for any property in the Flexible Business Zone shall be those in the zoning district in which the property is situated, or, if the property is developed or used for the accessory uses permitted in the zoning districts listed in subsection
37-35.1 then the prohibited uses for that zoning district shall also be prohibited in the Flexible Business Zone.
b. Notwithstanding the foregoing, residential uses are prohibited in
the Flexible Business Zone.
[1999 Code § 17.70.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses or a use or building similar or equivalent:
a. Industrial Parks, as defined in subsection
37-3.1, consisting of not less than four (4) principal uses and subject to supplementary zoning regulations set forth in subsection
37-38.4a;
b. Offices for executive, administrative or professional purposes;
c. Scientific or research laboratories, including incidental pilot plants
in connection therewith;
d. Manufacturing, processing, finishing, fabrication and assembly of products subject to the limitations of subsection
37-4.14, Uses Prohibited in All Zones, and subsection
37-33.8;
e. Warehousing-distribution facilities for products or materials but
not including truck terminals as defined herein;
f. Retail sale and warehousing-distribution facilities, provided that
no more than ten (10%) percent or two thousand (2,000) square feet,
whichever the lesser, of the gross floor area is used for retail sales.
Such retail sales shall be accessory to a permitted principal use
within the facility. Further, such use shall be located on a lot of
no less than three (3) acres in size;
g. Electrical equipment and appliances, heating, ventilating, air-conditioning,
plumbing and refrigeration equipment sales and service businesses;
h. Packaging and bottling plant;
i. Indoor tennis courts, skating rinks, handball courts and health clubs
or similar uses;
j. Newspaper and printing establishments;
k. Craftsman's or contractor's shop, such as carpentry, plumbing welding,
electrical or machine shop;
l. Wholesale business establishment, distribution plant, parcel delivery
establishment, cold-storage plant or food commissary;
m. Educational and technical training institutions and schools, banks
and insurance offices;
n. Retail business uses limited to restaurants, clothing and shoe shops,
drug stores, variety shops, department stores, radio, television and
music shops, travel agencies, copy services, book and stationery stores,
etc., provided that no greater than (20%) percent of the total floor
area of the building(s) on a lot shall be used for retail business
uses;
o. Communications offices and studios, scientific and research laboratories;
q. Motel/hotel containing not less than one hundred (100) transient
rental rooms and motel/convention center.
[1999 Code § 17.70.020]
Any accessory use that is clearly customary and incidental to
any principal use permitted in this district use shall be permitted
on the same or on a contiguous lot, except that the following provisions
and limitations shall apply to certain accessory uses:
a. Above-grade parking decks and garages shall not be permitted in conjunction
with a tract containing principal building(s) having a gross floor
area less than fifty thousand (50,000) square feet.
b. Inventory or stock clearance sales may be permitted on lots principally
devoted to a wholesale business establishment, light industrial use
or other non-retail commercial use, provided no more than four (4)
such sales shall be permitted per year.
[1999 Code § 17.70.030]
a. In an industrial park, restaurants and other eating and drinking
establishments wherein food and drink are consumed within the principal
building, provided that such use is located within an industrial park
for which an approved overall development plan is of record. Such
uses shall not be interpreted to include and are hereby defined to
exclude drive-in restaurants or refreshment stands, commonly called
snack bars, dairy bars, hamburger stands or hot dog stands or similar
uses where customers and patrons are served food, soft drinks or ice
cream primarily for their immediate consumption outside the confines
of the building or structure in which the business is conducted;
b. In an industrial park, transportation facilities and truck depots,
provided that the use is individually located on a lot within an industrial
park as defined herein for which an improved overall development plan
or general development plan is of record and has Edison Township Planning
Board approval. A transportation facility or truck depot shall not
include bus, truck, trailer and/or tank, washing and cleaning facilities,
new or leased vehicle storage areas and vehicle dismantling facilities
and further provided:
1. No repair or painting shall be conducted out of doors,
2. No vehicles awaiting repair shall be stored within the front yard
area,
3. No such use shall be located on a lot within two hundred (200) feet
of a residential zone, day-care facility, public park, school, church
or mosque,
4. No such use shall be included as an accessory activity to the salvage
and/or sale of used vehicles of parts thereof,
5. No such use shall engage in the activity of crushing, cutting or
general disassembly of vehicles; such activity commonly referred to
as a salvage or junkyard are prohibited by this chapter;
6. No such use shall be permitted in a Planned Unit Development as specified
in this section.
c. Automotive repair, inclusive of body repair, painting, and customizing,
provided that such use is located within an industrial park for which
an improved overall development plan is of record, and further provided
that the use complies with the following paragraphs of this subsection:
1. No repair or painting shall be conducted out of doors,
2. No vehicles awaiting repair shall be stored within the front yard
area,
3. No such use shall be located adjacent to any residential zone,
4. No such use shall include as an accessory activity the salvage and/or
sale of used vehicles or parts thereof,
5. No such use shall engage in the activity of crushing, cutting or
general disassembly of vehicles; such activity commonly referred to
as a salvage or junkyard are prohibited by this section;
6. No such use shall be permitted in a Planned Unit Development as specified
in this section.
d. Freight yard classified as second class railroad property pursuant
to N.J.S.A. 54:29A-23, but not including privately owned rail siding(s),
provided that the use complies with the following:
1. No principal or accessory structure associated with such use shall
be located less than fifty (50) feet from any lot line.
2. A buffer consisting of earthen berm, solid fencing and plants, or
any combination of the same, shall be installed along any lot line
of a freight yard use which coincides with a residential zone boundary.
The buffer shall have an effective height of no less than ten (10)
feet and shall provide an effective noise and visual barrier of the
freight yard use to the adjacent residential zone. Existing trees
of three (3) inches or more caliper shall be incorporated into the
buffer design.
3. No maintenance, security or other access driveway shall be located
between the required buffer and an adjacent residential zone;
4. No such use shall be permitted in a Planned Unit Development as specified
in this section.
e. Freight yard classified as second class railroad property pursuant
to N.J.S.A. 54-29A-23, provided that the use complies with the following:
1. No principal or accessory structure associated with such use shall
be located less than fifty (50) feet from the lot line of any residential
use or any residentially-zoned lot, owned by any person or entity
other than the owner of the freight yard classified as second class
railroad property.
2. A buffer consisting of earthen berm, board-on-board fencing or equal
and plants or any combination of the same shall be installed along
any lot line of a freight yard use which coincides with a zone boundary,
excepting any lot or lots that are not the subject of an application
for development. The buffer shall have an effective height of no less
than ten (10) feet and shall provide an effective visual barrier of
the freight yard use to the adjacent residential zone. Existing trees
of three (3) inches or more caliper shall be incorporated into the
buffer design.
3. No maintenance, security or other access driveway shall be located
between the required buffer and an adjacent residential zone;
4. No such use shall be permitted in a Planned Unit Development as specified
in this section.
f. Freestanding telecommunication towers subject to the following conditions:
1. The telecommunication towers shall meet all other zoning regulations
for freestanding towers including, but not limited to, height and
setback,
2. The height of such towers does not exceed the distance between the
tower base and any property line of a parcel which is in any zone
other than a RRRD or R-I Zone,
3. No such tower shall be located within one thousand (1,000) feet of
any school or residential dwelling;
4. No such use shall be permitted in a Planned Unit Development as specified
in this section.
g. Dishes or antennas which transmit microwaves from a tower, rooftop,
water tower or other elevated location subject to the following conditions:
1. The dishes or antennas shall meet all other zoning regulations for
dishes and antennas including, but not limited to, height and setback.
2. The height of such dishes or antennas does not exceed the distance
between the dish or antenna base and any property line of a parcel
which is in any zone other than an L-I or R-I zone.
3. No such dish or antenna shall be located within one thousand (1,000)
feet of any school or residential dwelling.
[1999 Code § 17.70.040]
a. Height, area and yard requirements shall be as specified for the Light Industrial (L-I) Zone District as set forth in the Schedule of Regulations, Section
37-63, except as permitted and modified herewith:
b. Permitted Modifications; Industrial Parks. An industrial park development
shall be permitted in the RRRD District, provided:
1. It shall have a total tract area of at least twenty-five (25) acres.
2. No individual use within said industrial park shall be on a plot
of land less than one (1) acre in size.
3. Not more than fifty (50%) percent of the total land area in the industrial
park shall be devoted to uses of individual plots of less than two
(2) acres in size.
4. All frontages shall be a minimum of one hundred fifty (150) feet;
rear yards shall be a minimum of twenty-five (25) feet; and all front
yard setbacks shall be a minimum of forty (40) feet.
5. The minimum side yard shall be twenty-five (25) feet in width.
6. The maximum height of building(s) and/or the number of stories as
specified in the Schedule of Regulations may be increased by ten (10)
feet and/or one (1) story for each additional forty thousand (40,000)
square feet of lot area above the minimum required, except that no
structure shall exceed one hundred (100) feet in height, and further
provided that this modification shall not be permitted where the structure
is or is proposed to be located within five hundred (500) feet of
a residential zone boundary. This modification shall be applicable
only to industrial parks.
7. Within an industrial park, commercial and personal service uses,
limited to restaurants, barber and beauty shops, clothing and drug
stores, newspaper and stationery stores, shall be permitted, provided
that such uses occupy less than five (5%) percent of the floor area
of the industrial park in which located.
[1999 Code § 17.70.050]
All uses hereafter established shall conform to the following
requirements:
a. Transition requirements: same as set forth in the R-I district.
b. Storage. All materials and equipment shall be stored in completely
enclosed buildings or shall otherwise be screened by walls, fences
and landscaping to adequately screen such materials and equipment
from outside the boundaries of the lot.
[1999 Code § 17.70.060]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be nearer than
fifteen (15) feet to any street lot line nor nearer than five (5)
feet to the front of a building, and further provided that complete
building perimeter parking is prohibited.
[1999 Code § 17.70.070]
Signs shall be subject to the regulations of Section
37-62.
[1999 Code § 17.70.080; Ord. No.
O.1715-2009§ I]
d. Cloth manufacture requiring formaldehyde or equivalent as an additive;
e. Metal manufacture of raw or recyclable materials;
f. Metal fabrication of trailers, truck bodies and cranes for lease
or sale;
h. The exhibition, demonstration, showing, distribution, solicitation
or sale by any person of sexually oriented products or obscene materials
in gatherings of one hundred (100) or more people on a parcel or parcels
of land located or operated within one thousand (1,000) feet of any
existing sexually oriented business, or any church, synagogue, temple
or other place of public worship, or any elementary or secondary school
or any school bus stop or any municipal or county playground or place
of public resort and recreation, or any hospital or any child care
center, or within one thousand (1,000) feet of any area zoned for
residential use.
For purposes of this paragraph h., the following definitions
shall apply:
1. Exhibition means the sale of admission to view obscene materials.
2. Showing means to cause or allow to be seen.
3. Person means an individual, proprietorship, partnership, corporation,
limited liability company, association, or other legal entity.
4. Sexually oriented products means and includes, but is not limited
to, books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes, discs, slides or other visual
representations which depict or describe a "specific sexual activity"
or "specific anatomical area" as both of these terms are defined in
N.J.S.A. 2C:34-6; or still or motion picture machines, projectors
or other image-producing devices, which show images to one (1) person
per machine at any one (1) time, and where the images so displaced
are characterized by the depiction of a "specified sexual activity"
or "specified anatomical area" as both of these terms are defined
in N.J.S.A. 2C:34-6; or instruments, devices or paraphernalia which
are designed for use in connection with a "specific sexual activity"
as such term is defined in N.J.S.A. 2C-34-6.
5. Obscene material means any description, narrative account, display,
depiction of a "specified anatomical area" or "specified sexual activity"
as defined in N.J.S.A. 2C:34-6 contained in, or consisting of, a picture
or other representation, publication, sound recording, live performance
or film, which by means of posing, composition, format or animated
sensual details, emits sensuality with sufficient impact to concentrate
prurient interest on the area or activity.
[1999 Code § 17.72.010]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Public or parochial school, nonprofit and commercial school, college,
seminary, academy or similar educational institution for academic
instruction approved by the New Jersey Board of Education;
b. Hospital (general, medical or surgical), sanatorium, medical or health
center, nursing home or similar health facility or a medical office
building;
c. Institution or home for children, the aged, the indigent or the handicapped;
d. Professional and business offices;
e. Medical and dental offices, testing laboratories and clinics.
[1999 Code § 17.72.020]
Among others, and not by way of limitation, the following uses
are intended to be specifically prohibited in the district:
a. Processing of raw materials, other than necessary for experimentation
and testing purposes;
b. Commercial production of goods, products or materials, except as
would otherwise be permitted by the terms of this section;
c. Open-air testing facilities.
[1999 Code § 17.72.030]
Accessory uses usually incidental to the above uses as specified
below:
a. Any accessory use on the same lot customary and incidental to any
use permitted in this district, such as but not necessarily limited
to:
2. Maintenance and storage buildings, except that no accessory building
used for storage of materials shall exceed two hundred (200) square
feet in size nor be located closer than one hundred (100) feet to
any residential zone boundary.
[1999 Code § 17.72.040]
Height, area and yard requirements are as specified in Schedule A, Section
37-63.
[1999 Code § 17.72.050]
a. Transition Requirements. There shall be established along the line
of any lot that is contiguous to any residential district, unless
the side or rear lot line coincides with a State or Federal highway
or railroad right-of-way, a buffer area at least fifteen (15) feet
in width plus five (5) additional feet in width for each ten (10)
foot interval or fraction thereof of the height of the principal building
exceeding twenty-five (25) feet. The buffer area shall consist of
trees, fencing, earthen berm or any combination of same.
b. Storage. All materials and equipment shall be stored in completely
enclosed buildings or shall otherwise be screened by walls, fences
and landscaping as may be determined by the Planning Board to be adequate
to appropriately screen such materials and equipment from view outside
the boundaries of the lot.
[1999 Code § 17.72.060]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be located nearer
than ten (10) feet to any side or rear lot line, nor shall the end
of a parking space be nearer than thirty (30) feet to any street lot
line nor nearer than five (5) feet to any building, and provided further
that complete building perimeter parking is prohibited.
[1999 Code § 17.72.070]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.74.010]
There is hereby established a Conditional Educational Institutional
District Overlay Zone (CEI) which shall apply to Block 967, Lots 1-10.
In addition to the uses permitted in the zone in which this property
is located, the property may be developed with the following conditional
uses:
a. Development pursuant to the uses and standards established for the
E-I Zone, however, subject to the following conditions:
1. All access to the site shall be through the adjacent E-I uses;
2. A deed restriction shall be recorded in a form acceptable to the
approving Board, which shall prohibit development in or on delineated
wetlands on the property described in Block 643FF, Lot 18, for a period
of not less than ten (10) years.
b. The approving Board for any development application in the CEI Zone
shall require that the peak rate of stormwater runoff from a site
during and after development shall not exceed the predevelopment peak
of runoff.
c. The approving Board for any development in the CEI Zone shall require that the applicant comply with all of the transition and buffering provisions of subsection
37-39.5a.
[1999 Code § 17.76.010]
a. It is the specific intent of this section to create as a single balanced
development composed of the integrated uses developed in accordance
with an overall Master Plan for the district.
b. It is recognized that the development of this zone and the development
of uses herein may take place over a long period of time, and further
that the development would be accomplished in steps or phases. It
is, nevertheless, the intent that all steps or phases and elements
of development shall be combined into one plan or master development
for the entire zone.
c. The area which makes up this zone is centrally located within the
Township and abuts the central administrative and legislative facilities
of the Township and is also an area of special utility, warranting
the utmost scrutiny of its allowable uses and development, in whole
and in stages. It is the further intent to regulate the intensity
of the permissible uses and to afford a combination of uses to the
extent that the entire zone is developed as one (1) unit encompassing
all those uses consistent with the limitations of the area and a reasonable
utilization of the property and compatible with the Comprehensive
Plan of this Township.
[1999 Code § 17.76.020]
The following are permitted uses, subject to development regulations
as set forth hereinafter:
a. Commercial uses limited to restaurants, health spas, indoor recreation
centers, inclusive of tennis, skating, handball and swimming facilities,
indoor theaters, department stores, drug stores, clothing and shoe
sales, gift shops, banks and delicatessens, not including fast food
stores, as defined in this section. Commercial uses shall not occupy
more than thirty (30%) percent of the total nonresidential floor area
planned as part of the overall development;
b. Motel and hotels, provided that such use shall have no less than
one hundred (100) rental rooms or suites, and further provided that
such use shall include restaurant and banquet facilities, meeting
and conference rooms, and that restaurant and meeting room space shall
amount to not less than twenty (20%) percent of the total floor area
of the motel/hotel;
d. Township, administrative and executive or judicial offices, or of
any board, department or agency thereof;
e. Television and radio studios;
f. Civic, cultural, educational or religious uses;
g. Public bus stations, but not including maintenance and repair facilities.
[1999 Code § 17.76.030]
Uses customary and incidental to the principal uses.
[1999 Code § 17.76.040]
None.
[1999 Code § 17.76.050]
Height, area and bulk requirements are as specified in Schedule A, Section
37-63, and as further set forth hereinbelow. The standards set forth in this section apply to the entire development and not to subsequent subdivision within the overall development.
a. The minimum land area required shall be twenty-five (25) acres. The
minimum required area shall include only lands adjacent or contiguous
to each other under single or combined ownership and located within
the zone district specified. A street shall not be construed to divide
lands for purposes of this chapter.
b. Acreage.
1. The maximum percent of total acreage permitted for commercial uses
shall be forty (40%) percent; and the minimum percentage of total
acreage permitted for office uses shall be thirty (30%) percent; and
the maximum percentage of the total acreage permitted for residential
use shall be forty (40%) percent.
2. Commercial uses shall include generally all retail and wholesale
trade businesses engaged in the sale and/or service of clothing, household
goods, appliances and furnishings. Uses commonly known as motels,
department stores, banks, theaters, barbershops and beauty shops,
delicatessens, restaurants, drug stores and commercial recreational
facilities for purposes of this subsection shall be classified as
commercial uses. Office uses shall include all permitted nonresidential
uses not classified as commercial uses.
c. The minimum percent of required open space of the total area of the
tract shall be twenty-five (25%) percent.
[1999 Code § 17.76.070]
a. Open Storage of Materials. No open display or storage of products,
materials and equipment shall be permitted.
b. Transition Requirement. There shall be established along the line
of any side or rear lot that is contiguous to any residential district,
unless the side or rear lot line coincides with a State or Federal
highway, a buffer area at least fifty (50) feet in width, plus five
(5) feet additional width for each ten (10) foot interval or fraction
thereof of the principal building exceeding twenty-five (25) feet
in height. The buffer area shall be landscaped and fenced to provide
screening or the uses and associated activities of the lot from adjoining
residential districts.
c. Site Access. Recognizing the heavy traffic flow existing and projected
along Route 27 and Talmadge Road and the potential conflict of traffic
generated from development of this district and existing and projected
through traffic, no more than one (1) driveway connection shall be
permitted to Route 27 and to Talmadge Road, respectively.
d. Building Separation. No commercial and/or office building shall be
located within one hundred (100) feet of a residential multifamily
building or one-half (1/2) the sum of the height of adjacent commercial
and/or office and residential buildings, whichever is the greater,
and further provided that no residential building shall be located
less than seventy-five (75) feet one from the other.
e. Recreational Requirement. A mid-rise multifamily housing development
shall include both indoor and outdoor recreational facilities such
as tennis court(s), exercise room(s), jogging path(s) or equivalents.
f. Development Staging. The development of the tract shall proceed as
a mixed use development, and further provided that no building permit
shall be issued for any of the approved residential portion of the
development until building permits have been issued and construction
begun upon ten (10%) percent of the total floor area of commercial
and/or office space set forth upon the approved plan(s).
g. Application Procedure.
1. The applicant shall initially submit a sketch plan for the entire tract. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter
39, Land Use, and further shall indicate the general location of buildings (except single-family dwellings), parking areas and roadways as well as any other significant site development features planned by the applicant. The purposes of the sketch development plan are:
(a)
To establish the land use plan for the site;
(b)
To establish staging or phasing of site development;
(c)
To determine at the earliest possible time any off-site improvements
required as a result of the development;
(d)
To determine design criteria for buffer areas, parking lot location,
open space areas, etc., and as applicable.
2. The applicant, after approval of the overall development plan, shall
proceed with formal site plan and subdivision applications for all
or phase(s) of the development.
3. Preliminary application for development shall be made under and in
accord with all the regulations and procedures as set forth for a
major subdivision and major site plan as set forth in the land use
ordinance.
[1999 Code § 17.76.070]
a. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
b. Off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking space shall be located nearer
than fifteen (15) feet to any street, nor closer than ten (10) feet
to any building, and provided further that complete building perimeter
parking is prohibited.
[1999 Code § 17.76.080]
Signs shall be subject to the sign regulations of Section
37-62.
[1999 Code § 17.80.010]
The U-R urban renewal district shall include all lands within
the urban renewal projects UR-11 and UR-61. The use, development and
other regulations shall be the standards and uses as set forth in
the approved urban renewal plan for UR-11 and UR-61. No change of
plan, use or development regulations shall be permitted unless a public
hearing by the Planning Board is held and the Mayor and Council of
the Township thereafter reviews and approves of the Planning Board
decision on the plan.
[1999 Code § 17.82.010]
There is hereby created, pursuant to a settlement of litigation,
an Affordable Housing Zone (AHOZ) permitting townhouses and apartment
dwellings in the L-I Zone. The AHOZ affects a 12.3-acre portion of
Block 3-B, Lots 19 and 21 as depicted on the zoning map (the "Site").
The purpose of this zone is to permit one hundred forty-eight (148)
garden apartment units or one hundred twenty (120) townhouse units
provided that a substantial percentage of these units are designated
for and affordable for low and moderate income households. Substantial
percentage is defined as: twenty (20%) percent of the total housing
units constructed if the low and moderate income units are for sale;
or fifteen (15%) percent if the low and moderate income units are
rentals.
[1999 Code § 17.82.020]
At least half of the low and moderate income units shall be
affordable to low income households as defined by the Council on Affordable
Housing (COAH). All low and moderate income units shall conform to
COAH regulations, including, but not limited to: regulations pertaining
to phasing the construction of low and moderate income units in sequence
with market units; bedroom distribution; establishing affordable sales
prices and rents; and controls on affordability. The Township's affordable
housing ordinance will incorporate and be subject to COAH regulations.
[1999 Code § 17.82.030]
No building, structure, premises or facility shall be used and
no building, structure or facility shall be erected or physically
and structurally altered except for the following uses:
a. Multi-family dwellings at a density of twelve (12) units per acre
or ten (10) townhouse units per acre.
[1999 Code § 17.82.040]
Permitted is any accessory use on the same lot with and customarily
incidental to any principal use permitted in this district. Permitted
accessory uses shall consist of but not necessarily be limited to:
b. Apartment for project superintendent;
d. Recreation center and/or community service facilities;
e. Nature trails for walking and biking;
[1999 Code § 17.82.050]
None.
[1999 Code § 17.82.060]
Townhouses shall be permitted at a maximum density of ten (10)
units per acre and multifamily dwellings (apartment houses) shall
be permitted at a maximum density of twelve (12) units per acre within
the AHOZ provided that no more one hundred twenty (120) townhouse
units or one hundred forty-eight (148) apartment units shall be constructed
on the site. Land proposed to be included in public street right-of-way
shall be considered part of the gross tract area for the purposes
of calculating density. In addition, an accessory apartment for the
sole purpose of housing the project superintendent may be constructed
above the proposed maintenance garage, which unit shall not be considered
for the purposes of calculating density.
[1999 Code § 17.82.080]
Off-street parking space, together with appropriate access thereto,
shall be provided on the same lot as the building it is intended to
serve as provided by RSIS.
[1999 Code § 17.82.090]
Signs shall be permitted in conformance with Section
37-62.
[1999 Code § 17.82.100]
The following provisions of the L-R Residential District shall apply: subsection
37-15.1, paragraphs c1, c2, c3, c4, c7, c8, c9(a)(1) through c9(a)(4), c9(b), and c10 except that notwithstanding the L-R requirements, internal roadways may be located in buffer areas. Where there is a conflict between the Township Ordinance requirements and the Residential Site Improvement Standards (RSIS), the RSIS standards shall apply.
[1999 Code § 17.82.110]
The intent of the AHOZ is to create an inclusionary development
as defined in COAH. It is understood that the developer of this inclusionary
development is entitled to the elimination of unnecessary cost generating
standards and municipal cooperation in granting reasonable waivers
and variances that facilitate the construction of one hundred twenty
(120) townhouse units or one hundred forty-eight (148) apartment housing
units. The developer shall not be required to construct or pay for
any off-site improvements except its pro rata share of improvements
authorized by N.J.S.A. 40:55D-42 which are made necessary by the developer.
Plaintiff shall not be required to pay impact fees, development fees
or linkage fees related to this development, or to comply with the
conditions in any approval which unreasonably impede the timely commencement
of the developer's project.
[1999 Code § 17.82.120]
Inclusionary developers are also entitled to expedited treatment
in processing development applications. To that end, the following
procedures for preliminary and final approvals shall apply. Nothing
herein shall prohibit the applicant from submitting a simultaneous
application for preliminary and final approval subject to compliance
with all requirements for both approvals.
a. Preliminary and/or final plans shall be submitted to the Planning
Board. The plans and application materials shall be in accordance
with the Ordinance checklist requirements, subject to reasonable waiver
requests. Applications for preliminary and final approval may be submitted
simultaneously.
b. Within twenty-one (21) days following submission for preliminary
and/or final approval, the developer shall be provided with a written
determination as to whether its application is complete. So long as
the application is submitted at least twenty-one (21) days prior to
a TRC meeting, the applicant will be scheduled for the next TRC meeting
for review. If the application is not determined to be incomplete
within twenty-one (21) days of filing, it shall be deemed complete.
If the application is considered incomplete, applicant shall be notified
in writing as to the specific additional materials required.
c. Upon resubmission of incomplete items, the developer shall be provided
with a written determination regarding completeness within fifteen
(15) days.
d. Municipal reports concerning the review of a complete development
application shall be filed within fifteen (15) days of a written determination
of completeness.
e. The Planning Board shall schedule the initial public hearing for
a date not more than thirty (30) days after the date of completeness
and shall take final action on the development application within
sixty (60) days of its being deemed complete. Toward this end, the
Planning Board shall schedule public hearings and at such hearings
allow at least three (3) hours for the development application. Upon
the applicant's request, the Planning Board shall schedule sufficient
meetings to take final action within sixty (60) days. If the Planning
Board fails to take final action within ninety (90) days of the application
being deemed complete, unless the time period for action is extended
in writing by the applicant, the application shall be deemed approved.
f. The Planning Board shall adopt a written resolution setting forth
its decision on the application within thirty (30) days of the close
of the public hearing.
[1999 Code § 17.83.010]
a. There is hereby established an Affordable Housing Zone-2 (AHOZ-2)
permitting multi-family (apartment) dwellings in a portion of the
L-I Zone as depicted on the revised Zoning Map and further described
as follows: The AHOZ-2 Zone encompasses an area shown on the Edison
Township Tax Map as Block 396, Lot 5 (formerly Block 396, Lots 5 and
7). The purpose of this zone is to permit multi-family dwellings (apartments)
at the density hereinafter described provided that a substantial percentage
of these units shall be deed restricted for occupancy by and affordability
to low and moderate income households. Substantial percentage is defined
as: twenty (20%) percent of the total housing units constructed if
the low and moderate income units are for sale and fifteen (15%) percent
if the low and moderate income units are rentals. For any development
containing both rental and for sale units, the percentage of units
designated for low and moderate income households shall correspond
to the percentages given above for each unit type. For example, a
development consisting of one hundred (100) rental units and one hundred
(100) for sale units shall have twenty (20) for sale dwelling units
set aside for low and moderate income households and fifteen (15)
rental dwelling units for low and moderate income households.
b. Further, also permitted within the AHOZ-2 Zone shall be the retail/commercial uses as permitted and regulated in the G-B General Business Zone of the Township of Edison. Up to thirty-five (35%) percent of the gross tract area, or a maximum of nine (9) acres, whichever is greater, within the AHOZ-2 Zone may be used for retail/commercial uses as permitted and regulated in the G-B General Business Zone, provided that sufficient land remains to the tract to permit its development with a total of three hundred (300) multifamily dwelling units at a density of fourteen (14) units per gross residential acre, as defined in subsection
37-44.7.
[1999 Code § 17.83.020]
At least half of the low and moderate income units shall be
affordable to low income households as defined by N.J.A.C. 5:93, et
seq., and the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.). All
low and moderate income units shall conform to the regulations set
forth in N.J.A.C. 5:93, et seq., the Fair Housing Act (N.J.S.A. 52:27D-301,
et seq.) and Edison Township's Affordable Housing Ordinance. All low
and moderate income units shall be affirmatively marketed consistent
with Edison Township's Affirmative Marketing Plan.
[1999 Code § 17.83.030]
No building, structure, premises or facility shall be used and
no building, structure or facility shall be erected or physically
and structurally altered except for the following uses:
a. A total of three hundred (300) multifamily dwellings developed at a maximum density of fourteen (14) units per acre of gross residential tract area, as defined in subsection
37-44.7.
b. At the option of the developer, up to forty (40%) percent of the gross residential tract area, as defined in subsection
37-44.7 herein, may be developed with townhouse style dwelling units at a maximum density of ten (10) dwelling units per acre on the portion of the tract devoted to such development, provided the density of the portion of the tract devoted to multifamily (apartment) dwellings does not exceed fourteen (14) units per acre and further provided that the forty-five (45) multifamily (apartment) affordable rental units that would have derived from the construction of the entire gross residential tract area with multifamily (apartment) dwellings will still be constructed, regardless of any reduction in the total number of dwelling units in the development due to the developer's exercise of this townhouse option.
c. The balance of the tract remaining may be developed with retail/commercial
uses as permitted and regulated in the GB General Business Zone, provided
that such development shall be limited to a maximum of thirty-five
(35%) percent of the gross tract area or a maximum of nine (9) acres,
whichever is greater, in the portion of the tract fronting on Woodbridge
Avenue.
[1999 Code § 17.83.040]
Accessory uses shall be permitted provided they are located
on the same lot with and are customarily incidental to any principal
use permitted in this district. Permitted accessory uses shall consist
of, but are not necessarily limited to:
b. Apartment for Project Superintendent;
d. Recreation center and/or community service facilities;
e. Nature trails for walking and biking;
f. Tot lot or similar recreational facility;
g. Swimming Pools and Tennis Courts, but not public swim or tennis clubs;
h. Signs, subject to the provisions of the Edison Township Zoning Ordinance;
i. Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
[1999 Code § 17.83.050]
Those conditional uses provided for in the GB General Business
Zone of the Township of Edison Zoning Ordinance, but only within the
portion of the tract that is permitted to be developed with GB General
Business Zone uses.
[1999 Code § 17.83.060]
Residential development in the AHOZ-2 Zone shall comply with
the following standards and requirements:
a. The maximum permitted density shall be fourteen (14) dwelling units per acre of gross residential tract area, as defined in subsection
37-44.7 herein. The project shall consist of multifamily dwellings (apartments) developed in accordance with the requirements set forth herein, unless the developer elects the option of developing up to forty (40%) percent of the gross residential tract area with townhouses, as permitted in subsection
37-44.3b above, in which case the density shall be reduced to ten (10) units per acre for that portion of the gross residential tract area devoted to townhouses. Notwithstanding the foregoing, the maximum permitted density on the balance of the gross residential tract area shall not exceed fourteen (14) units per acre.
b. The maximum permitted impervious surface coverage on the gross residential
tract area shall be limited to fifty-five (55%) percent of the gross
residential tract area. The portion of the tract to be developed in
accordance with the G-B Zone standards shall be subject to the impervious
coverage requirements for the G-B Zone.
c. Special requirements for apartments are as follows:
1. Principal Buildings.
(a)
Minimum front setback (measured from a public street R.O.W.
line) — thirty-five (35) feet.
(b)
Minimum setback from an interior private road — twenty
(20) feet; and from a parking lot - ten (10) feet.
(c)
Maximum side and rear yard setbacks — thirty-five (35)
feet for buildings containing apartments and twenty-five (25) feet
for buildings containing townhouses.
(d)
Maximum building height — three (3) stories and forty-five
(45) feet for buildings containing apartments and two and one-half
(2 1/2) stories and thirty-five (35) feet for buildings containing
townhouses.
(e)
Minimum distance between buildings — there shall be a
minimum distance of at least thirty-five (35) feet between the rear
and/or front facades of any two (2) buildings and a minimum distance
of at least twenty-five (25) feet between the ends of any two (2)
buildings. In all other cases, the minimum distance between buildings
shall be thirty (30) feet.
(f)
Each principal building shall:
(1)
Be designed for and occupied by not more than twenty-four (24)
units per building, and shall be not more than one hundred ninety
(190) feet in length in its longest dimension, without terminating
or providing a ninety (90) degree angle, nor exceed fifty (50) feet
in length without a change in façade architecture, including
at least a twenty-five (25%) percent change in setback, facade color,
texture, design, etc., to bring about a varied composition.
(2)
Contain no outside television antennas or satellite dishes.
All television antennas or satellite equipment shall be built into
the building to eliminate individual antennas from being erected on
the roof. Not more than one (1) common antenna may be used for each
building.
(3)
Provide not less than three hundred fifty (350) cubic feet of
lockable storage space for each apartment unit, except that, for the
two-bedroom low and moderate income units, four hundred fifty (450)
cubic feet of lockable storage space shall be provided, and, for the
three-bedroom low and moderate income units, five hundred sixty (560)
cubic feet of lockable storage space shall be provided. Such lockable
storage space shall be provided exclusive of the closets and cabinets
within the unit itself.
(4)
Provide, in an enclosed area within each building, laundry facilities
of not less than one (1) washer and one (1) dryer for each twelve
(12) dwelling units for the exclusive use of the occupants of the
development, unless provided within each unit. No outside clothes
lines or clothes hanging facilities or devices shall be provided or
allowed.
(5)
There shall be a trash area completely surrounded by a six (6)
foot high solid architectural fence or decorative masonry wall with
solid front gates. All trash shall be stored in this area and shall
not be visible above the fence.
2. Accessory Buildings and Uses. Accessory buildings shall conform to
the minimum setback requirements for the principal buildings and shall
not exceed two (2) stories and thirty (30) feet in height.
d. Ownership and Maintenance of Common Areas. Common areas of any tract
containing for sale units where said common areas are not accepted
by the Township shall be deeded to a corporation, association, individuals,
or other legal entity consisting of a majority of the property owners
within the development for their use, control, management and maintenance.
All other site design standards and specifications contained in the
Development Review Ordinance of the Township of Edison shall be complied
with except as modified herein.
[1999 Code § 17.83.070]
The maximum permitted residential density shall be fourteen (14) dwelling units per acre of gross residential tract area within the AHOZ-2 Zone, except that if the developer elects to exercise the townhouse option permitted at subsection
37-44.3b, the maximum permitted residential density on the portion of the gross residential tract area devoted to the townhouse development shall be ten (10) units per acre, notwithstanding which the maximum permitted residential density on the remaining portion of the gross residential tract area to be devoted to multifamily (apartment) dwellings shall not exceed fourteen (14) units per acre. Land occupied by the cartway of and any center island(s) within the proposed access roadway, whether such roadway is to be used exclusively by the residential development or is to be used in common with other uses on the balance of the tract, shall be considered part of the gross residential tract area for the purposes of calculating density, but land proposed to be developed with the uses permitted in the G-B Zone shall not be considered part of the gross residential tract area. In addition, an accessory apartment for the sole purpose of housing the project superintendent may be constructed above any proposed maintenance garage, which unit shall not be considered for the purposes of calculating density.
[1999 Code § 17.83.080]
Off-street parking spaces, together with appropriate access
thereto, as provided by the Residential Site Improvement Standards
(N.J.A.C. 5:21, et seq.) shall be provided on the same lot as and
within two hundred fifty (250) feet of the unit intended to be served.
[1999 Code § 17.83.090]
Signs shall be permitted in conformance with the applicable
provisions of the Edison Township Zoning Ordinance.
[1999 Code § 17.83.100]
Landscape plans for the development of the tract shall be provided
in accordance with the following requirements:
a. General Regulations.
1. Landscaped Area. All areas of the tract not used for construction
of buildings, roads, access ways, parking or sidewalks shall be fully
landscaped in accordance with these regulations.
2. Site Considerations. Natural site features such as: existing trees,
streams, rock outcropping, etc. shall be preserved wherever possible.
Whenever such natural features are absent or insufficient or have
been destroyed during the development of the site, additional new
plantings of a sufficient size, as determined by the Planning Board
shall be established to provide environmental protection to beautify
the buildings and grounds, objectionable features created on the site.
b. Additional Regulations.
1. A minimum landscaped area twenty (20) feet wide shall be provided
along all tract boundaries, including public streets.
2. All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs, or concrete, metal or wood bumpers at least
six (6) inches in height and securely anchored into the ground. Buffer
areas may be included within the required setback areas.
3. Service areas, parking areas, transformer compounds, and other strictly
utilitarian improvements, shall be screened. In general, it is intended
that all potentially objectionable or unsightly features within both
the residential and retail/commercial portions of the tract shall
be screened from passing traffic and abutting residential properties.
4. In the case of a repetition of building designs, as in an apartment
house development, care shall be exercised to avoid monotony in the
planting design by introducing sufficient variety in the planting
layout to lend interest and aesthetic appeal. By the same token, excessive
variety shall be avoided, and all shall be represented as a balanced
design with proper accent in the right places.
5. All street trees and on-site deciduous shade trees shall not be less
than two (2) inches in diameter measured one (1) foot above the root
crown.
6. A satisfactory amount of evergreen plant material shall be included
in the planting, as determined by the Planning Board at the time of
site plan review.
7. Areas required for buffers shall not be cleared or graded prior to
development approval.
8. A twenty-five (25) foot buffer shall be provided to any residential
zone boundary line, within which buffer no improvements shall be made,
and the property shall either be left in its natural state or planted
with evergreens to provide screening, or both, as determined by the
Planning Board.
9. Where the retail/commercial uses and activities permitted on the
tract will abut the residential uses and activities, a twenty-five
(25) foot buffer shall be established within the residential tract
area and maintained as part of the residential development.
c. Landscaped Area Required. In calculating landscaped areas, the areas
of plazas, sitting areas, pools, and fountains shall be included.
1. A minimum of twenty (20%) percent of the tract shall be devoted to
landscaped areas in addition to all required buffers; such landscaped
areas may include required recreation areas referred to herein.
2. The Planning Board shall have the authority to determine the distribution
of landscaped areas throughout the project site.
d. Fences and Hedges. Fences and hedges shall conform to Land Development
Ordinance of the Township of Edison.
e. Recreation. Residential development within an AHOZ-2 Zone shall provide
an active and passive recreational area of at least ten thousand (10,000)
square feet. The recreational area shall include a fenced-off toddler
play lot of at least two thousand five hundred (2,500) square feet
including play equipment, swings, seesaws, etc.
[1999 Code § 17.83.110]
The intent of the AHOZ-2 is to create an inclusionary development
as defined by N.J.A.C. 5:93 et seq., and the Fair Housing Act (N.J.S.A.
52:27D-301 et seq.). It is understood that the developer of this inclusionary
development is entitled to the elimination of unnecessary cost generating
standards and municipal cooperation in granting reasonable waivers
and variances that facilitate the construction of dwelling units designated
for low and moderate income households. The developer shall not be
required to construct or pay for any off-tract improvements except
for a pro rata share of off-tract improvements authorized by N.J.S.A.
40:55D-42 which are made necessary by the development. A development
fee shall be imposed on any commercial development in the AHOZ-2 Zone
but shall not apply to the residential (inclusionary) portion of the
development.
[1999 Code § 17.83.120]
Inclusionary developers are also entitled to expedited treatment
in processing development applications. To that end, the following
procedures for preliminary and final approvals shall apply. Nothing
herein shall prohibit the applicant from submitting a simultaneous
application for preliminary and final approval subject to compliance
with all requirements for both approvals.
a. Preliminary and/or final plans shall be submitted to the appropriate
Board. The plans and application materials shall be in accordance
with the Ordinance checklist requirements, subject to reasonable waiver
requests. Applications for preliminary and final approval may be submitted
simultaneously.
b. Within twenty-eight (28) days following submission for preliminary
and/or final approval, the developer shall be provided with a written
determination as to whether its application is complete. So long as
the application is submitted at least twenty-eight (28) days prior
to a TRC meeting, the applicant will be scheduled for the next TRC
meeting for review. If the application is not determined to be incomplete
within twenty-eight (28) days of filing, it shall be deemed complete.
If the application is considered incomplete, applicant shall be notified
in writing as to the specific additional materials required.
c. Upon resubmission of incomplete items, the developer shall be provided
with a written determination regarding completeness within fifteen
(15) days.
d. Municipal reports concerning the review of a complete development
application shall be filed within twenty-eight (28) days of a written
determination of completeness, provided that nothing herein shall
prevent a substantive review from being combined within a completeness
review.
e. The Planning Board shall schedule the initial public hearing for
a date not more than thirty (30) days after the date of completeness
and shall take final action on the development application within
sixty (60) days of its being deemed complete. Toward this end, the
appropriate Board shall schedule public hearings and at such hearings
allow at least three (3) hours for the development application. Upon
the applicant's request, the appropriate Board shall schedule sufficient
special meetings to take final action within sixty (60) days. If the
appropriate Board fails to take final action within ninety (90) days
of the application being deemed complete, unless the time period for
action is extended in writing by the applicant, the application shall
be deemed approved.
f. The Planning Board shall adopt a written resolution setting forth
its decision on the application within thirty (30) days of the close
of the public hearing.
[Ord. No. O.1839-2013§ 1]
a. There is hereby established an Educational District 1 Zone (E-1)
permitting educational uses as further set forth herein for proposed
new Lot 3.012 as depicted on the Proposed Subdivision Plan for Block
3-E, Lot 3.01 prepared by Control Layouts, Inc. dated November 23,
2010 as revised through June 8, 2011. The E-1 Zone encompasses a portion
of Block 3-E, Lot 3.01 as shown on the aforementioned Plan as proposed
new Lot 3.012 which contains approximately 2.25 acres and whose legal
description is:
1. Beginning at a point, said point being located the following courses
and distances from a point on the Westerly right-of-way line of Truman
Drive (60.00 feet wide), which point is therein located 1201.46 feet
Northerly from the intersection of the aforesaid Westerly sideline
of Truman Drive with the Northerly right-of-way line of Kilmer Road
(80.00 feet wide):
(a)
Along a curve to the right, having a radius of 50.00 feet and
an arc length of 78.33 feet, a chord bearing of South 44 degrees 55
minutes 26 seconds West and a chord distance of 70.56 feet to a point;
thence
(b)
South 89 degrees 48 minutes 17 seconds West, a distance of 400.79
feet to a point, said point being the point and place of beginning;
thence running:
(1)
South 51 degrees 02 minutes 00 seconds West, a distance of 449.23
feet to a point on the Easterly sideline of Avenue "C" (part of Lot
2 in Block 3-E); thence
(2)
Along the aforesaid Easterly sideline of Avenue "C" (part of
Lot 2 in Block 3-E), along a curve to the left, having a radius of
3575.00 feet and an arc length of 211.51 feet, a chord bearing of
North 33 degrees 02 minutes 03 seconds West and a chord distance of
211.48 feet to a point; thence
(3)
North 51 degrees 02 minutes 00 seconds East, a distance of 482.83
feet to a point; thence
(4)
South 24 degrees 11 minutes 49 seconds East, a distance of 217.53
feet to a point, said point being the point and place of beginning.
[Ord. No. O.1839-2013§ 1]
The purpose of this zone is to permit appropriate educational
related uses of the property by the Edison Township Board of Education
upon the transfer of the property to them under the approved Redevelopment
Plan pursuant to the Base Closure Community Redevelopment and Homeless
Assistance Act of 1994, Pub. L. 103-21.
[Ord. No. O.1839-2013§ 1]
No land building, structure, premises or facility shall be used
and no building, structure or facility shall be erected or physically
and structurally altered except for the following uses:
a. Public school, college, seminary, academy or similar educational
institution for academic instruction approved by the New Jersey Department
of Education, including but not limited to classrooms, administrative
offices, cafeterias, and gymnasiums.
[Ord. No. O.1839-2013§ 1]
Accessory uses shall be permitted provided they are located
on the same lot with and are customarily incidental to any principal
use permitted in this district. Permitted accessory uses shall consist
of, but are not necessarily limited to:
a. Maintenance and storage buildings, except that no accessory building
used for storage of materials shall exceed two hundred (200) square
feet in size nor be located closer than one hundred (100) feet to
any residential zone boundary.
b. Playgrounds, recreational and athletic fields;
c. Other customary accessory uses and structures which are clearly incidental
to the principal structure and use.
[Ord. No. O.1839-2013§ 1]
None.
[Ord. No. O.1839-2013§ 1]
Development in the E-1 Zone shall comply with the standards and requirements in subsections
37-39.4,
37-39.5,
37-39.6, and Schedule "A" to this chapter for the E-I Educational-Institutional District Zone.
[Ord. No. O.1839-2013§ 1]
Signs shall be permitted in conformance with the applicable
provisions of the Edison Township Zoning Ordinances and as provided
for in the Township Code.
[1999 Code § 17.16.010]
The purpose of the G-C golf course — natural
resource preservation district is to provide standards and regulations
for existing facilities existing within the community and constituting
a major and important feature and character of the neighborhoods in
which located.
[1999 Code § 17.16.020; Ord. No.
O.1530-2006]
Golf course, as defined herein. For purposes of this section,
the term "golf course" is defined as a tract of land laid out for
at least eighteen (18) holes for playing the game of golf and improved
with tees, greens, fairways, and hazards, and that may include a clubhouse,
pro shop and one (1) or more shelters.
A golf course in the G-C golf course — natural
preservation district shall be contained within a country club. For
purposes of this section, a "country club" is defined as land area
and buildings containing a golf course, recreational facilities, a
clubhouse and customary accessory uses, open only to members and their
guests.
[1999 Code § 17.16.030]
Accessory uses incidental to the above. The accessory use shall
not include business uses or buildings unrelated to the golf course.
[1999 Code § 17.16.040]
None.
[1999 Code § 17.16.050]
As specified in the Schedule of Regulations, Section
37-63.
[1999 Code § 17.16.060]
As specified in Section
37-60.
[1999 Code § 17.16.070]
Signs shall be permitted in conformance with Section
37-62.
[1999 Code § 17.84.010]
The purpose of the OSR-C Zone is to preserve within the Township
lands that are identified as open space, recreational facilities or
environmentally sensitive. Placed in this zone will be public, quasi-public
and other parcels that would be inherently suitable for this zone
based on their use and purpose. Specifically, all Federal, State,
County, municipal and private parks with inherent recreational facilities
shall be included in the OSR-C zone.
[1999 Code § 17.84.020; Ord. No.
O.1670-2008§ III]
No building, structure, premises or facility shall be used and
no building, structure or facility shall be erected or physically
and structurally altered except for the following uses.
a. Buildings and structures to include offices, locker rooms, concession
stands and equipment storage sheds for the purpose of servicing sport
and recreational facilities such as baseball, softball, football,
soccer, tennis, swimming pools, skating rinks, dog parks and other
similar uses;
b. Buildings to house centers with related facilities for the purpose
of studying, learning, recordkeeping, and gathering information on
the wildlife, ecology and natural resources indigenous to the surrounding
area.
[1999 Code § 17.84.030]
Except as set forth in the conditional uses subsection of the
OSR-C Zone, all uses not specifically permitted are therefor prohibited.
[1999 Code § 17.84.040]
Permitted is any accessory use on the same lot with and customarily
incidental to any principal use permitted in this district. No accessory
structure shall be larger in area than fifteen (15%) percent of the
area of the principal structure. Permitted accessory uses shall consist
of but not necessarily be limited to:
c. Nature trails for walking and biking;
[1999 Code § 17.84.050]
Golf courses with the following conditions and regulations:
same requirements as set forth in the G-C golf course zone in this
chapter.
[1999 Code § 17.84.060]
Off-street parking, together with appropriate access thereto, shall be provided on the same lot as the building, structure, or facility it is intended to serve in accordance with the standards of Section
37-60 with the additional following standards:
a. Off-street parking space may be located in the front, side or rear
yards; provided, however, that no parking shall be nearer than fifteen
(15) feet to any street right-of-way line nor nearer than five (5)
feet to any side of a building, structure or facility, and further
provided that complete building perimeter parking is prohibited.
b. Where a building, structure or facility has loading and unloading needs based on use, the number of loading spaces required shall be set forth in subsection
37-60.4b.
[1999 Code § 17.84.070]
Due to the complexity and wide spectrum of intensity and uses that can be implemented in the OSR-C Zone, sign regulations shall be determined on an individual basis for each parcel that requires a site plan or subdivision by either the Planning Board or Zoning Board of Adjustment. The professionals that report to either of these boards shall make recommendations regarding the signs proposed for this zone based on the requirements of Section
37-62.
Proposed signs that are not as a result of a site plan or subdivision approval shall be reviewed and recommendations made by the Township Planner also based on the requirements of Section
37-62.
[1999 Code § 17.84.080]
All parcels that are in the OSR-C Zone may also be subject to
limitations as the case may be other than the development regulations
set forth. They shall be subject but not be limited to the following
restrictions:
c. Restrictions as set forth by municipal, County, State or Federal
mandates;
d. Any other lawful restriction that precludes development of a subject
parcel in part or in full in accordance with the requirements set
forth in this section.
[1999 Code § 17.84.090]
There shall be properties within the OSR-C Zone that are of
special importance to the Municipality regarding the preservation
in their natural state, undisturbed and pristine areas of open space.
A "Conservation Restriction" shall be applied to such properties in
order to protect them from any form of change deleterious to their
natural state.
Conservation Restriction means an interest in land less than
fee simple absolute, stated in the form of a right, restriction, easement,
covenant, or condition, in any deed, will or other instrument, other
than a lease, executed by or on behalf of the owner of the land, appropriate
to retaining land or water area as predominantly in their natural,
scenic or wooded condition, or for conservation of soil or wildlife,
or for outdoor recreation or park use, or as suitable habitat for
fish or wildlife, to forbid or limit any or all:
a. Construction or placing of buildings, roads, signs, billboards or
other advertising, or other structures on or above ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs or other vegetation;
d. Excavation, dredging or removal of loam, peat, gravel, soil, rock
or other mineral substance;
e. Surface use except for purposes permitting the land or water area
to remain predominantly in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation, or fish and wildlife habitat
preservation;
g. Other acts or uses detrimental to the retention of land or water
areas according to the purpose of this act.
[Ord. No. O.1500-2006§ 17.85.010]
The MHP mobile home park district recognizes existing home parks
located within the Township of Edison shall be governed by the regulations
in this section. It is the intent and purpose of this section to recognize
the existing status of the mobile home parks referenced herein. Nothing
herein shall be construed as placing new or additional requirements
upon these mobile home parks unless replaced, expanded or enlarged.
[Ord. No. O.1500-2006§ 17.85.020]
As used in this section:
MANUFACTURED HOME
Means a unit of housing which: a. consists of one (1) or
more transportable sections which are substantially constructed off
site and, if more than one (1) section, are joined together on site;
b. is built on a permanent chassis; c. is designed to be used, when
connected to utilities as a dwelling on a permanent or nonpermanent
foundation; and d. is manufactured in accordance with the standards
promulgated for a manufactured home pursuant to the "National Manufactured
Housing Construction and Safety Standards Act of 1974," and the standards
promulgated pursuant to the State Uniform Construction Code Act.
MOBILE HOME
Means a unit of housing which: a. consists of one (1) or
more transportable sections which are substantially constructed off
site and, if more than one (1) section, are joined together on site;
b. is built on a permanent chassis; c. is designed to be used, when
connected to utilities as a dwelling on a permanent or nonpermanent
foundation; and d. is manufactured in accordance with the standards
promulgated for a manufactured home pursuant to the "National Manufactured
Housing Construction and Safety Standards Act of 1974," and the standards
promulgated pursuant to the State Uniform Construction Code Act.
MOBILE HOME PARK
Means one (1) of the four (4) sites designated in this section
used exclusively for the placement and occupancy of manufactured homes
and mobile homes.
[Ord. No. O.1500-2006§ 17.85.030]
All mobile home parks in existence as of the date this section
becomes effective shall maintain their existing safety separation,
outdoor hazards and water supply for fire protection systems and/or
measures (if applicable). Manufactured home installations, sites and
parks in the MHP mobile home park district which are replaced, expanded
or enlarged after the effective date of this section shall conform
to the requirements of National Fire Protection Association Standard
501A-1997, specifically sections 4.2.1 pertaining to fire safety separation
requirements, 4.3.3 pertaining to outdoor hazards and 4.3.5 pertaining
to water supplies for fire protection.
[Ord. No. O.1500-2006§ 17.85.040]
Any portion of a manufactured home, excluding the tongue, that
replaces an existing mobile home located within a mobile home park
shall not be located closer than the distance that the mobile home
to be replaced was to any other manufactured home or community building.
If the distances are less than those stated in this section, the distances
must be in accordance with the International Residential Code, New
Jersey Edition (2000), including the required fire ratings.
[Ord. No. O.1500-2006§ 17.85.050]
The maximum number of mobile homes for mobile home parks in
the MHP mobile home park district shall be the existing number of
spaces as follows:
Mobile Home Park
|
Number of Spaces
|
---|
Edison Mobile Estates
|
107
|
Edison Terrace Mobile Home Park
|
88
|
Edison Trailer Court
|
43
|
Edison Mobile Gardens
|
3
|
[Ord. No. O.1500-2006§ 17.85.060]
In the MHP mobile home park district, all new roadways, sidewalks,
curbs and storm drains within a mobile home park constructed after
the passage of this section must comply with Township ordinances.
[Ord. No. O.1500-2006§ 17.85.070]
a. It is unlawful for any person to maintain or operate a mobile home
park within the limits of the Township unless such person shall first
obtain a license therefor.
b. Each application for such license or the annual renewal thereof shall
be filed with the Division of Licenses and Inspections. The license
and inspection fees shall be the sum of twenty ($20.00) dollars for
each trailer space, with a minimum inspection fee of one hundred ($100.00)
dollars, and the sum of fifty ($.50) cents per calendar week per occupied
trailer space. The license shall expire on June 30 of each year, and
the fees are expressly declared to be imposed for regulation and revenues.
Any present license expiring on any other date shall have the fees
prorated upon first renewal to comply with the aforesaid expiration
date. All fees hereunder shall be payable in advance, except that
the weekly fee per occupied trailer space shall be payable as hereinafter
provided.
c. Each application for a transfer of a license shall be accompanied
by a fee of fifty ($50.00) dollars, and no such transfer shall be
made unless the mobile home park shall at the time of the application
be in full and complete compliance with all the requirements of this
section.
d. Each application for a license shall be in writing and in triplicate
and shall include the name and address of the owner in fee of the
tract (if the fee is vested in some person other than the applicant,
a duly verified statement by that person that the applicant is authorized
by him or her to construct or maintain the mobile home park and to
make the application) and a map showing the exact location of the
premises to be licensed certified by a licensed New Jersey engineer.
Where the owner is an entity, the name and address of the principal(s)
of the ownership entity shall be provided. This shall include the
officers of any corporation, the members of a limited liability company,
the partners of a limited partnership and the officers of a general
partnership if the general partner is a corporate entity or a limited
liability company. The application shall be accompanied by four (4)
copies of the mobile home park plan, drawn to the same scale as the
map, showing the following, either existing or as proposed:
1. The extent and area used for mobile home park purposes;
3. Location and dimensions of mobile home spaces;
4. Location and number of sanitary conveniences, including toilets,
washrooms, laundries and utility rooms;
5. Method and plan of sewage disposal;
6. Method and plan of garbage removal;
8. Plan for electrical lighting of mobile homes and the mobile home
park, including the roadways and driveways;
e. Licenses issued under the terms of this section convey no right to
erect any building, to do any plumbing work or to do any electrical
work or any other kind of work ordinarily requiring government, municipal
or other permits.
f. It shall be the duty of the Housing Inspector or its authorized agents
or assistants, to make inspections of any mobile home park at least
one (1) time every two (2) years to make certain that this section
is being fully complied with and that the mobile home park is also
in full compliance with all the other applicable ordinances and statutes.
If it is determined that there is a violation, it shall be the duty
of the officer to order the violation corrected within a reasonable
time, and, if not so corrected, it shall be the further duty of the
officer to bring formal charges against the violator in the Municipal
Court.
[Ord. No. O.1500-2006§ 17.85.080]
In the MHP mobile home park district, a building permit must
be issued prior to the installation of a new mobile home pad to ensure
that the installation of the mobile home complies with this section.
The Township Construction Official or Building Subcode Official shall
inspect the new pad site prior to concrete being poured and prior
to the installation of a new mobile home on any new pad. In accordance
with the Federal Manufactured Home, Construction and Safety Standards
and the regulations of the New Jersey Department of Community Affairs,
any newly installed mobile home must be tied down to the concrete
pad by the owner of the mobile home park in order to obtain a Certificate
of Occupancy therefor.
[Ord. No. O.1500-2006§ 17.85.090]
Occupancy of a mobile home on an existing or new mobile home
pad in the MHP mobile home park district is subject to the issuance
of a Certificate of Occupancy by the Township Construction Official,
which includes the name of the mobile home owner, the serial number
and body type of the mobile home, and pad number or street address
of the pad site.
[Ord. No. O.1500-2006§ 17.85.100]
For the MHP mobile home park district, the construction permit,
Certificate of Occupancy and mobile home park licensing fees shall
conform with the fee schedule set forth in this section and/or in
the applicable Township Codes for such items.
[Ord. No. O.1500-2006§ 17.85.110]
It shall be unlawful to park or occupy a mobile home unless
it complies with the provisions of this section.
[Ord. No. O.1500-2006§ 17.85.120]
A mobile home may be occupied on an emergency basis for temporary
living quarters in any residential zone or on any existing residential
dwelling lot within the Township, provided that a permit is granted
by the Township Construction Official. A permit shall be effective
for a six (6) month period and shall not be issued unless the applicant's
home is uninhabitable because of fire or other casualty. The permit
may be extended for three (3) months, upon show of good cause, by
resolution of the Zoning Board of Adjustment.
[Ord. No. O.1500-2006§ 17.85.130]
No building or structure in the MHP mobile home park district
shall exceed thirty-five (35) feet in height, except as regulated
by the height exception provisions of this section.
[Ord. No. O.1500-2006§ 17.85.140]
All mobile homes in the MHP mobile home park district shall
be served by public potable water and sanitary sewer.
[Ord. No. O.1500-2006§ 17.85.150]
Parking requirements in the MHP mobile home park district shall
maintain but not exceed the number of spaces existing on the effective
date of this section.
[Ord. No. O.1500-2006§ 17.85.160]
Any expansion of a mobile home park or a new mobile home park
in the MHP mobile home park district must comply with new density
requirements as follows:
a. There shall be no more than five (5) mobile homes per gross acre
and not more than seven (7) mobile homes in any given acre.
b. Each mobile home space shall have a minimum width of forty (40) feet,
a minimum depth of eighty (80) feet and a minimum area of five thousand
(5,000) square feet.
[Ord. No. O.1500-2006§ 17.85.170]
a. Except for accessory structures existing adjacent to any mobile home
park space as of the effective date of this section, no new accessory
structures shall be permitted adjacent to any mobile home park space
(other than for a stairway and landing to gain access to said mobile
home). No accessory structure existing as of the effective date of
this section (other than for stairways and landings) may be replaced
or expanded. No such landing shall be larger than four feet by eight
(4 x 8) feet in dimension.
b. Notwithstanding anything contained in paragraph a. above to the contrary,
the owner of a mobile or manufactured home shall have the right to
replace any weathered or damaged storage shed or to install a storage
shed adjacent to his or her mobile or manufactured home pad provided
that said storage shed shall comply with all of the following requirements:
1. The storage shed shall be manufactured of noncombustible materials
such as steel or aluminum; and
2. The storage shed shall be placed on and anchored to a concrete pad
or slab a minimum of four (4) inches thick; and
3. The storage shed shall be less than one hundred (100) square feet
in size; and
4. The owner of the mobile or manufactured home shall have first secured
a zoning permit for a new storage shed from the Zoning Officer of
the Township.
[Ord. No. O.1500-2006§ 17.85.180]
a. In every mobile home park exceeding forty (40) mobile home spaces
there shall be an office building in which shall be located the office
of the on-site manager or superintendent of the mobile home park.
A copy of the mobile home park license required by this section shall
be posted therein, and the mobile home park register shall at all
times be kept in the office.
b. It is made the duty of the on-site manager or superintendent of the
mobile home park, together with the licensee, to:
1. Maintain the park in a clean, orderly and sanitary condition at all
times.
2. Report to the Director of the Department of Health and Human Services
all cases of persons or animals affected or suspected of being affected
with any communicable disease.
3. Prevent the running loose of dogs, cats or other animals or pets.
4. Maintain in centrally located places one (1) fire extinguisher in
good working order for every eight (8) trailer spaces, fire extinguishers
and their location to be approved by the Division of Fire.
5. Prohibit the lighting of open fires on the premises except in certain
designated areas if approved by the Division of Fire.
6. Prohibit the use of any mobile home by a number of occupants greater
than that for which it is designed to accommodate by the manufacturer.
[Ord. No. O.1839-2013§ 2]
There is hereby established a Township District 1 Zone (T-1)
permitting Township uses as further set forth herein, in a portion
of the L-I Zone, being proposed new Lots 3.011, 3.013 and 3.015 as
depicted on the Proposed Subdivision Plan for Block 3-E, Lot 3.01
prepared by Control Layouts, Inc. dated November 23, 2010 as revised
through June 8, 2011. The T-1 Zone encompasses a portion of Block
3-E, Lot 3.01 as shown on the aforementioned Plan as proposed new
Lots 3.011, 3.013 and 3.015 as follows:
a. Lot 3.011, which contains approximately 7.02 acres and whose legal
description is:
BEGINNING at a point on the Westerly right-of-way line of Truman
Drive (60.00 feet wide), said point being located 858.66 feet Northerly
from the intersection of the aforesaid Westerly sideline of Truman
Drive with the Northerly right-of-way line of Kilmer Road (80.00 feet
wide); thence running:
1. North 89 degrees 57 minutes 26 seconds West, a distance of 381.65
feet to a point; thence
2. South 00 degrees 02 minutes 34 seconds West, a distance of 368.28
feet to a point; thence
3. South 69 degrees 34 minutes 17 seconds West, a distance of 195.77
feet to a point on the Easterly sideline of Avenue "C" (part of Lot
2 in Block 3-E); thence
4. Along the aforesaid Easterly sideline of Avenue "C" (part of Lot
2. in Block 3-E), on a curve to the left, having a radius of 3746.56
feet and an arc length of 284.02 feet, a chord bearing of North 26
degrees 17 minutes 13 seconds West and a chord distance of 283.96
feet to a point; thence
5. Continuing along the aforesaid Easterly sideline of Avenue "C" (part
of Lot 2 in Block 3-E), North 28 degrees 27 minutes 32 seconds West,
a distance of 39.71 feet to a point; thence
6. Continuing along the aforesaid Easterly sideline of Avenue "C" (part
of Lot 2 in Block 3-E), on a curve to the left, having a radius of
3575.00 feet and an arc length of 179.73 feet, a chord bearing of
North 29 degrees 53 minutes 57 seconds West and a chord distance of
179.71 feet to a point; thence
7. North 51 degrees 02 minutes 00 seconds East, a distance of 449.23
feet to a point; thence
8. North 89 degrees 48 minutes 17 seconds East, a distance of 400.79
feet to a point; thence
9. Along a curve to the left, having a radius of 50.00 feet and an arc
length of 78.33 feet, a chord bearing of North 44 degrees 55 minutes
26 seconds East and a chord distance of 70.56 feet to a point on the
aforesaid Westerly sideline of Truman Drive; thence
10. Along the aforesaid Westerly sideline of Truman Drive, South 00 degrees
02 minutes 34 seconds West, a distance of 342.80 feet to a point,
said point being the point and place of BEGINNING.
b. Lot 3.013, which contains approximately 4.26 acres and whose legal
description is:
1. Beginning at a point, said point being located the following courses
and distances from a point on the Westerly right-of-way line of Truman
Drive (60.00 feet wide), which point is therein located 1201.46 feet
Northerly from the intersection of the aforesaid Westerly sideline
of Truman Drive with the Northerly right-of-way line of Kilmer Road
(80.00 feet wide):
(a)
Along a curve to the right, having a radius of 50.00 feet and
an arc length of 78.33 feet, a chord bearing of South 44 degrees 55
minutes 26 seconds West and a chord distance of 70.56 feet to a point;
thence
(b)
South 89 degrees 48 minutes 17 seconds West, a distance of 400.79
feet to a point; thence
(c)
North 24 degrees 11 minutes 49 seconds West, a distance of 217.53
feet to a point, said point being the point and place of beginning;
thence running:
(1)
South 51 degrees 02 minutes 00 seconds West, a distance of 482.83
feet to a point on the Easterly sideline of Avenue "C" (part of Lot
2 in Block 3-E); thence
(2)
Along the aforesaid Easterly sideline of Avenue "C" (part of
Lot 2 in Block 3-B), along a curve to the left, having a radius of
3575.00 feet and an arc length of 390.69 feet, a chord bearing of
North 37 degrees 51 minutes 36 seconds West and a chord distance of
390.50 feet to a point on the Southerly sideline of Road 2; thence
(3)
Along the aforesaid Southerly sideline of Road 2, on a curve
to the right, having a radius of 2101.68 feet and an arc length of
476.64 feet, a chord bearing of North 53 degrees 09 minutes 46 seconds
East and a chord distance of 475.62 feet to a point; thence
(4)
South 38 degrees 58 minutes 00 seconds East, a distance of 372.75
feet to a point, said point being the point and place of beginning.
c. Lot 3.015, which contains approximately 3.64 acres and whose legal
description is:
1. Beginning at a point on the Westerly right-of-way line of Truman
Drive (60.00 feet wide), said point being located 419.80 feet Northerly
from the intersection of the aforesaid Westerly sideline of Truman
Drive with the Northerly right-of-way line of Kilmer Road (80.00 feet
wide); thence running:
(a)
North 89 degrees 54 minutes 17 seconds West, a distance of 236.51
feet to a point; thence
(b)
North 29 degrees 17 minutes 44 seconds West, a distance of 80.84
feet to a point; thence
(c)
South 89 degrees 58 minutes 59 seconds West, a distance of 105.53
feet to a point; thence
(d)
North 00 degrees 02 minutes 34 seconds East, a distance of 368.28
feet to a point; thence
(e)
South 89 degrees 57 minutes 26 seconds East, a distance of 381.65
feet to a point on the aforesaid Westerly sideline of Truman Drive;
thence
(f)
Along the aforesaid Westerly sideline of Truman Drive, South
00 degrees 02 minutes 34 seconds West, a distance of 438.86 feet to
a point, said point being the point and place of beginning.
[Ord. No. O.1839-2013§ 2]
The purpose of this zone is to permit the required Township
related uses of the properties upon the transfer of these properties,
being Areas 1, 2, 3, and 5, to the Township under the approved Redevelopment
Plan pursuant to the Base Closure Community Redevelopment and Homeless
Assistance Act of 1994, Pub. L. 103-21. As the Township is not subject
to its own zoning laws there are no limitations to the permitted uses
accessory uses and development standards for any use of these properties
by the Township. The Township may also allow the use of these properties
by other Township-related boards, agencies and/or authorities, and
other public entities and their related boards, agencies and/or authorities,
such as those of the State and County. However, the Township should
consider the adjoining uses when using and developing the property
by the Township and/or other public entities.
[Ord. No. O.1839-2013§ 2]
Any use pursuant to a lease granted by the Township, or other
permission granted by the Township shall be considered a conditional
use in this zone, but not including use by other Township-related
boards, agencies and/or authorities, and other public entities and
their related boards, agencies and/or authorities, such as those of
the State and County. The use granted by such lease or other permission
shall comply with the regulations and standards for such use as provided
for in the applicable provisions of the Edison Township Zoning Ordinances
and in the Township Code.
[Ord. No. O.1941-2016]
There is hereby created, pursuant to a settlement of litigation,
an Affordable Housing Zone (AHOZ) permitting townhouses and apartment
dwellings in the Zone. The AHOZ affects a 10.3±-acre property
comprised of Block 38, Lots 19 in its entirety and a portion of Block
38, Lot 18, that currently constitutes the undeveloped portion of
the Rivendell Heights project at the time of the establishment of
this section of the section, and as depicted on the Zoning Map (the
"Site"). The purpose of this zone is to permit the construction of
two hundred fifty (250) garden apartment units of which 15% or 38
units shall be affordable as follows: 14 low income; 19 moderate income;
5 very low income; and the market rate units shall be a combination
of 40% one bedrooms and 60% two bedrooms.
[Ord. No. O.1941-2016]
All low and moderate income units shall conform to COAH regulations,
including, but not limited to: regulations pertaining to phasing the
construction of low and moderate income units in sequence with market
units; bedroom distribution; establishing affordable sales prices
and rents; and controls on affordability. The Township's affordable
housing ordinance will incorporate and be subject to COAH regulations.
[Ord. No. O.1941-2016; Ord. No. O.2023-2018]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-family detached houses subject to the same development regulations
specified in the R-B district;
b. Townhouses subject to development regulations specified in the R-B-th
district;
c. Multifamily dwelling and apartment houses subject to the following
requirements:
1. Minimum Lot Size. No building which is intended or designed to be
used, in whole or in part, as a garden apartment building shall be
erected or constructed upon a lot containing an area of less than
ten (10) acres; except that, if a zone boundary line passes through
any lot of ten (10) acres or more with the result that the area available
for garden apartment construction is less than ten (10) acres, such
area of less than ten (10) acres may be approved for garden apartment
development; provided, however, that all other regulations pertaining
to the erection or construction of the garden apartments shall be
applied to and within the area permitting such construction, except
that the calculation of the number of units to be constructed shall
be based upon such acreage available for such construction.
2. Height. No apartment building shall have more than three (3) habitable
stories or exceed fifty (50) feet in height.
3. Minimum Space Between Buildings. The minimum distance between buildings
shall be one-half (1/2) the total average height of the two (2) buildings,
except that the side to side minimum distance between buildings shall
be twenty (20) feet.
4. Density. No more than ten (10) apartment units per acre shall be
permitted for two-story apartment buildings and no more than twenty-five
(25) apartment units per acre shall be permitted for three-story buildings.
5. Rooms. Each apartment unit in each apartment building shall contain
separate bedroom, separate bathroom and separate kitchen/dining facilities.
This provision shall not be interpreted to preclude efficiency apartments.
6. Landscaping. All areas of a garden apartment development not used
for the construction of buildings, roads, accessways, parking areas
or sidewalks shall be fully landscaped. Where a garden apartment development
boundary line abuts a lot in a residential zone, which lot is not
owned by the garden apartment developer, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the area of twenty (20) feet inside the boundary line of the
garden development abutting a residential lot. If no adequate trees,
shrubs or plantings exist in the twenty (20) foot area in the natural
state of the premises before development, the area shall be provided
with an adequate approved planting plan to provide a belt of screening
within the twenty (20) foot area.
7. Interior Roads. All roads and other accessways within the garden
apartment development shall be private roads, and be constructed with
pavement and curbs within the established cartways. All roads and
or drive aisles containing right-angle parking or angled parking on
one or both sides of the road shall contain drive aisles of not less
than twenty-four (24) feet in width. All access roads that do not
contain angled parking shall comply with the current Residential Site
Improvement Standards (N.J.A.C. 5:21) for the width of the cartway
inclusive of any on-street parallel parking areas. All such construction,
paving and curbing shall be completed in accordance with the subdivision
regulations of Edison Township. All interior roads shall provide suitable
access for ingress, egress and circulation for emergency vehicles,
by providing additional width of drive aisles, adequate turning radius
at corners and appropriate delineated Fire Lanes, subject to the review
of the Edison Township Fire Department.
8. Parking. All parking shall be confined to the areas specifically
designated on the site plan for that purpose. Parking area shall be
paved and curbed and provided with an adequate system of stormwater
drainage. No parking area (other than driveway parking spaces located
in front of a garage) may be placed closer to a building than ten
(10) feet. Parking areas may be constructed in the front, side and
rear yards, but in no event closer than ten (10) feet to a lot line
(other than driveway parking spaces located in front of a garage).
9. Buildings.
(a)
No principal building shall:
(1)
Be designed for or occupied by more than twenty (20) families;
(2)
Exceed two hundred ten (210) feet in length in its longest dimensions;
(3)
Allow or contain outside television antennas. All television
antenna equipment shall be built into the building to eliminate individual
antennas being erected upon the roof. This subsection shall not apply
to a common antenna tower;
(b)
No basement apartment units shall be permitted. For purposes
of this section, a "basement unit" shall be defined as a unit having
its finished floor elevation three (3) or more feet below the finish
grade of the ground about the building.
10. Utilities. For all garden apartments, the applicant for the site
plan approval shall arrange with the serving utilities for the underground
installation of the utilities' distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as part of its tariff on file with
the State of New Jersey Board of Public Utility Commissioners and
shall submit to the Planning Board prior to the granting of site plan
approval a written instrument from each serving utility which shall
evidence full compliance with the provisions of this section; provided,
however, that sites which abut existing streets where overhead electric
or telephone distribution supply lines have theretofore been installed
on any portion of the streets involved may be supplied with electric
and telephone service from the overhead lines or extensions, but the
service connections from the utilities' overhead lines shall be installed
underground.
[Ord. No. O.1941-2016]
Accessory uses usually incidental to the above uses, as specified
below:
a. Noncommercial garage for exclusive use of site residents only;
b. Noncommercial swimming pools and clubhouses for exclusive use of
site residents only.
[Ord. No. O.1941-2016]
a. Office buildings used for professional services, business services,
management and consulting services only and subject to the following
conditions and regulations:
1. Site development shall comply with the minimum development regulations
set forth for the district. The buffer requirement set forth in the
district shall be measured from the required yard width from existing
garden apartments,
2. No retail sales of goods or merchandise shall be permitted;
b. Indoor tennis courts, skating rinks, handball courts and health clubs,
subject to the following conditions and regulations: site development
shall comply with the minimum development regulations set forth for
the district, except that such use or uses shall not occupy an area
of land of less than five (5) acres, excluding garden apartments;
c. Nursing homes, subject to the following conditions and regulations:
1. The use shall have direct access to a street other than a local access
street as classified in the adopted Master Plan of the Township.
2. The minimum site area shall be one (1) acre.
[Ord. No. O.1941-2016]
Height, area and yard requirements are as specified in the schedule, Section
37-63, except as otherwise specified in this section. The exceptions to that schedule include the following:
a. Permitted building coverage ratio — 35%;
b. Permitted impervious coverage ratio — 75%;
[Ord. No. O.1941-2016]
Off-street parking together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[Ord. No. O.1941-2016]
Signs shall be permitted in conformance with Section
37-62.
[Ord. No. O.1941-2016]
Except as provided for herein, all development within this district
shall comply with the provisions of the Township's Affordable Housing
Ordinance, Ordinance No. O.1942-2016, adopted on September 28, 2016.
[Ord. No. O.1941-2016]
There is hereby created, pursuant to a settlement of litigation,
an Affordable Housing Zone (AHOZ) permitting townhouses and apartment
dwellings in the Zone. The AHOZ affects an 11.25± -acre property
comprised of Block 762, Lot 1A, as depicted on the Zoning Map (the
"Site"). The purpose of this zone is to permit the construction of
two hundred twenty (220) garden apartment units of which 15% or 33
units shall be affordable as follows: 13 low income; 16 moderate income;
4 very low income; and the market rate units shall be a combination
of 40% one bedrooms and 60% two bedrooms.
[Ord. No. O.1941-2016]
All low and moderate income units shall conform to COAH regulations,
including, but not limited to: regulations pertaining to phasing the
construction of low and moderate income units in sequence with market
units; bedroom distribution; establishing affordable sales prices
and rents; and controls on affordability. The Township's affordable
housing ordinance will incorporate and be subject to COAH regulations.
[Ord. No. O.1941-2016]
No building, structure or premises shall be used and no building
or structure shall be erected or structurally altered except for the
following uses:
a. Single-family detached houses subject to the same development regulations
specified in the R-B district;
b. Townhouses subject to development regulations specified in the R-B-th
district;
c. Multifamily dwelling and apartment houses subject to the following
requirements:
1. Minimum Lot Size. No building which is intended or designed to be
used, in whole or in part, as a garden apartment building shall be
erected or constructed upon a lot containing an area of less than
ten (10) acres; except that, if a zone boundary line passes through
any lot of ten (10) acres or more with the result that the area available
for garden apartment construction is less than ten (10) acres, such
area of less ten (10) acres may be approved for garden apartment development;
provided, however, that all other regulations pertaining to the erection
or construction of the garden apartments shall be applied to and within
the area permitting such construction, except that the calculation
of the number of units to be constructed shall be based upon such
acreage available for such construction.
2. Height. No apartment building shall have more than three (3) habitable
stories or exceed fifty (50) feet in height.
3. Minimum Space Between Buildings. The minimum distance between buildings
shall be one-half (1/2) the total height of the two (2) buildings,
except that the side to side minimum distance between buildings shall
be twenty (20) feet.
4. Density. No more than ten (10) apartment units per acre shall be
permitted for two-story apartment buildings and no more than twenty-five
(25) apartment units per acre shall be permitted for three-story buildings.
5. Rooms. Each apartment unit in each apartment building shall contain
separate bedroom, separate bathroom and separate kitchen/dining facilities.
This provision shall not be interpreted to preclude efficiency apartments.
6. Landscaping. All areas of a garden apartment development not used
for the construction of buildings, roads, accessways, parking areas
or sidewalks shall be fully landscaped. Where a garden apartment development
boundary line abuts a lot in a residential zone, which lot is not
owned by the garden apartment developer, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the area of twenty (20) feet inside the boundary line of the
garden development abutting a residential lot. If no adequate trees,
shrubs or plantings exist in the twenty (20) foot area in the natural
state of the premises before development, the area shall be provided
with an adequate approved planting plan to provide a belt of screening
within the twenty (20) foot area.
7. Interior Roads. All roads and other accessways within the garden
apartment development shall be private roads, and be constructed with
pavement and curbs within the established cartways. All roads and
or drive aisles containing right-angle parking or angled parking on
one or both sides of the road shall contain drive aisles of not less
than twenty-four (24) feet in width. All access roads that do not
contain angled parking shall comply with the current Residential Site
Improvement Standards (N.J.A.C. 5:21) for the width of the cartway
inclusive of any on-street parallel parking areas. All such construction,
paving and curbing shall be completed in accordance with the subdivision
regulations of Edison Township. All interior roads shall provide suitable
access for ingress, egress and circulation for emergency vehicles,
by providing additional width of drive aisles, adequate turning radius
at corners and appropriate delineated Fire Lanes, subject to the review
of the Edison Township Fire Department.
8. Parking. All parking shall be confined to the areas specifically
designated on the site plan for that purpose. Parking area shall be
paved and curbed and provided with an adequate system of stormwater
drainage. No parking area (other than driveway parking spaces located
in front of a garage) may be placed closer to a building than ten
(10) feet. Parking areas may be constructed in the front, side and
rear yards, but in no event closer than ten (10) feet to a lot line
(other than driveway parking spaces located in front of a garage).
9. Buildings.
(a)
No principal building shall:
(1)
Be designed for or occupied by more than twenty (20) families;
(2)
Exceed two hundred ten (210) feet in length in its longest dimensions;
(3)
Allow or contain outside television antennas. All television
antenna equipment shall be built into the building to eliminate individual
antennas being erected upon the roof. This subsection shall not apply
to a common antenna tower;
(b)
No basement apartment units shall be permitted. For purposes
of this section, a "basement unit" shall be defined as a unit having
its finished floor elevation three (3) or more feet below the finish
grade of the ground about the building.
10. Utilities. For all garden apartments, the applicant for the site
plan approval shall arrange with the serving utilities for the underground
installation of the utilities' distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as part of its tariff on file with
the State of New Jersey Board of Public Utility Commissioners and
shall submit to the Planning Board prior to the granting of site plan
approval a written instrument from each serving utility which shall
evidence full compliance with the provisions of this section; provided,
however, that sites which abut existing streets where overhead electric
or telephone distribution supply lines have theretofore been installed
on any portion of the streets involved may be supplied with electric
and telephone service from the overhead lines or extensions, but the
service connections from the utilities' overhead lines shall be installed
underground.
[Ord. No. O.1941-2016]
Accessory uses usually incidental to the above uses, as specified
below:
a. Noncommercial garage for exclusive use of site residents only;
b. Noncommercial swimming pools and clubhouses for exclusive use of
site residents only.
[Ord. No. O.1941-2016]
a. Office buildings used for professional services, business services,
management and consulting services only and subject to the following
conditions and regulations:
1. Site development shall comply with the minimum development regulations
set forth for the district. The buffer requirement set forth in the
district shall be measured from the required yard width from existing
garden apartments,
2. No retail sales of goods or merchandise shall be permitted;
b. Indoor tennis courts, skating rinks, handball courts and health clubs,
subject to the following conditions and regulations: site development
shall comply with the minimum development regulations set forth for
the district, except that such use or uses shall not occupy an area
of land of less than five (5) acres, excluding garden apartments;
c. Nursing homes, subject to the following conditions and regulations:
1. The use shall have direct access to a street other than a local access
street as classified in the adopted Master Plan of the Township.
2. The minimum site area shall be one (1) acre.
[Ord. No. O.1941-2016]
Height, area and yard requirements are as specified in the schedule, Section
37-63, except as otherwise specified in this section. The exceptions to that schedule include the following:
a. Permitted building coverage ratio — 35%;
b. Permitted impervious coverage ratio — 75%;
[Ord. No. O.1941-2016]
Off-street parking together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards of Section
37-60.
[Ord. No. O.1941-2016]
Signs shall be permitted in conformance with Section
37-62.
[Ord. No. O.1941-2016]
Except as provided for herein, all development within this district
shall comply with the provisions of the Township's Affordable Housing
Ordinance, Ordinance No. O.1942-2016, adopted on September 28, 2016
("Township Affordable Housing Ordinance").
[1999 Code § 17.86.010]
a. The purpose of this section is to promote the educational, cultural,
economic and general welfare of the Township through the preservation
of historic buildings, places, sites, objects, and structures through
the identification, development, restoration, and maintenance of appropriate
settings for such structures, which impart a distinct chronographic
aspect of the Township and which serve as visible reminders of the
historical and cultural heritage of the Township, State and the Nation.
b. To accomplish this purpose, the Township has adopted this section
to:
1. Safeguard the heritage of the Township by preserving resources within
the Township which reflect elements of its cultural, social, economic
and architectural history;
2. Encourage the continued use of historic buildings, places, objects,
sites and structures and to facilitate their appropriate reuse;
3. Promote appreciation of historic structures for education, pleasure
and the welfare of the local population;
4. Maintain and develop an appropriate and harmonious setting for the
historic and architecturally significant structures, buildings, places,
objects or sites within the Township;
5. Foster beautification and private reinvestments;
6. Manage change by preventing alteration or new construction not in
keeping with the historic or cultural character of the resource;
7. Discourage the unnecessary demolition, or other destruction of historic
resources;
8. Recognize the importance of individual historic buildings, places,
objects, sites, and structures by urging property owners and tenants
to maintain their properties in keeping with the requirements and
standards of this section;
9. Encourage the proper maintenance and preservation of historic landmarks
and landscapes;
10. Enhance the visual and aesthetic character, diversity, continuity
and interest of the Township; and
11. Promote the conservation of historic buildings, places, objects,
sites, and structures and to invite voluntary compliance.
[1999 Code § 17.86.020]
As used in this section:
ADDITION
Means an extension or increase in building size, floor area
or height.
ALTERATION
Means any change in the exterior architectural features of
any improvement or addition.
APPLICATION
Means a request to the Historic Preservation Commission made
pursuant to this section for the purposes of obtaining a certificate
of appropriateness or other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
Means the application to the Planning Board or the Zoning
Board of Adjustment of the Township seeking approval of a major or
minor subdivision plat, site plan, planned development, conditional
use, zoning variance, or the direction of the issuance of a permit
pursuant to N.J.S.A. § 40:55D-34 or § 40:55D-36.
[N.J.S.A. § 40:55D-3.]
BUILDING
Means any man-made structure, its site and appurtenances
created to shelter any form of human activity.
CERTIFICATE OF APPROPRIATENESS (or C/A)
Means that document issued by the Historic Preservation Commission
required before work commences on any landmark or any building, structure,
site or object.
COMMISSION
Means the Historic Preservation Commission established pursuant
to the provision of this section.
CONSTRUCTION OFFICIAL
Means the officer in charge of granting building or construction
permits in the Township.
DEMOLITION
Means the partial or total razing, dismantling, or destruction,
whether entirely or in significant part, of any building structure,
object or site. Demolition includes the removal of a building, structure
or object from its site or the removal or destruction of the facade
or surface.
DESIGNATED PROPERTY
Means an individual building, structure, site or object,
which has been designated as having historical, architectural, cultural,
aesthetic, or other significance pursuant to the provision of this
section.
DEVELOPMENT
Means the division of a parcel of land into two (2) or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any building or other structure
or of any mining excavation or landfill, and any 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 the Municipal
Land Use Law.
[N.J.S.A. § 40:55D-4]
HISTORIC
Means having historical, architectural, cultural, aesthetic,
or other significance as defined by the provisions of this section.
IMPROVEMENT
Means a building or other structure or any work constituting
a man-made alteration of, or addition to, any site.
INTEGRITY
Means that authenticity of the historic identity of a building,
structure, site, or object evidenced by the survival of the physical
characteristics that existed during its historic or prehistoric period.
INVENTORY
Means a list of historic properties determined to meet specified
criteria of significance.
LANDMARK
Means a building, structure, site, or object which has a
special character or special historical or aesthetic interest as part
of the development, heritage or cultural characteristics of the Township,
State or Nation, and which has been designated as a landmark pursuant
to the provisions of this section (N.J.S.A. § 40:55D-112).
OBJECT
Means a material thing of fundamental aesthetic, cultural,
historic, scenic, or scientific value that may be, by nature or design,
moveable, yet related to a specific setting or environment.
OWNER
Means any person having a right, title, or interest in a
property so as to be legally entitled, upon obtaining such permits
and other authorization, as may be required pursuant to law to perform
construction, alteration, removal, demolition, or other work with
respect to such property.
PERMIT
Means any Township approval for exterior work to be performed
on any landmark, or on any building, structure, object, or site located
within an historic preservation overlay zone, which exterior work
would be subject to public view. Said permit shall include, but not
be limited to, a building permit, a demolition permit, a permit to
move, convert, relocate, or remodel, or to change the use or occupancy
of any landmark or any building, structure, object or site.
"Permit" also includes all exterior work to be performed
on fences, porches, railings, steps, lighting, sidewalks, and any
other work subject to public view, which would alter the exterior
appearance of landmarks or properties located within a historic preservation
overlay zone.
REHABILITATION
Means any repair or alteration that preserves significant
historical or architectural features.
RESTORATION
Means the historically accurate repair or replacement of
architectural features.
SITE
Means any real property, whether public or private, with
or without improvements, which is the location of a significant event
or series of events, a prehistoric or historic occupation or activity,
or a building, structure, or object, or any configuration, portion,
or group of the foregoing which has been designated by the Commission
as having historical, archeological, cultural, scenic, or architectural
significance pursuant to the provisions of this section.
STRUCTURE
Means any combination of materials, other than a building,
which is affixed to a piece of property, and shall include, but not
be limited to, signs, fences, walls, and paving materials.
SURVEY
Means the survey of buildings, structures, objects, or sites
located within the Township of Edison which is conducted by the Commission
for the ascertainment of their historical, architectural, aesthetic,
cultural or other significance pursuant to the provisions of this
section.
VIEW or PUBLIC VIEW
Means the area of a building, structure, site or object seen
from any point on a street or walkway that is used as a public thoroughfare,
either vehicular and/or pedestrian.
[1999 Code § 17.86.030]
a. There is hereby established an Historic Preservation Commission in
accordance with the provisions of N.J.S.A. 40:55D-107 et seq. The
Commission shall consist of seven (7) members and two (2) alternates
appointed by the Mayor and shall include, in designating the category
of appointment, at least one (1) member of each of the following classes:
1. Class A means a person who is knowledgeable in building design and
construction or architectural history; and
2. Class B means a person who is knowledgeable or with a demonstrated
interest in local history; and
3. Class C means citizens of the Township who shall hold no other municipal
office, position or employment, except for membership on the Planning
Board or Board of Adjustment.
Of the regular members, a total of at least one (1) less than
a majority shall be of Class A and Class B.
b. Alternate members shall meet the qualifications of Class C members.
At the time of appointment of all members of the Commission, the Mayor
shall designate the regular members by class and the alternate members
as "alternate number 1" and "alternate number 2."
c. The terms of the members first appointed under this section shall
be so determined that to the greatest practical extent, the expiration
of the terms shall be distributed, in a case of regular members, evenly
over the first four (4) years after their appointment; in the case
of alternative members, evenly over the first two (2) years after
their appointment; provided that the initial terms of no regular member
shall exceed four (4) years and the initial term of no alternate member
shall exceed two (2) years. Thereafter, the term of a regular member
shall be four (4) years; and the term of an alternative member shall
be two (2) years.
d. For the purpose of conducting a public meeting, four (4) members
shall constitute a quorum.
e. A vacancy occurring otherwise than by expiration of the term, shall
be filled within sixty (60) days for the unexpired term only.
f. Notwithstanding any other provision herein, the term of any member
common to the Historic Preservation Commission and the Planning Board
shall be for the term of membership on the Planning Board; and the
term of any member common to the Historic Preservation Commission
and the Board of Adjustment shall be for the term of membership on
the Board of Adjustment.
g. The Historic Preservation Commission shall elect a chairman and a
vice chairman from its members and select a secretary who may or may
not be a member of the Historic Preservation Commission or a municipal
employee. The secretary shall take minutes of all meetings, which
shall be available to the public. Alternate members may participate
in discussions of the proceedings but may not vote, except in the
absence or disqualification of a regular member. A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. In the event that a choice must be made as to which alternate
member is to vote, alternate number 1 shall vote.
h. The Historic Preservation Commission shall establish written rules
of procedure which shall be available to the public and which shall
include an attendance rule for Commission members.
i. No member of any Historic Preservation Commission shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest.
j. A member of the Historic Preservation Commission may, after public
hearing, if he or she requests it, be removed by the Governing Body
for cause.
[1999 Code § 17.86.040]
a. The Historic Preservation Commission shall have the responsibility
to:
1. Hold a minimum of four (4) regular meetings per year.
2. Prepare and maintain a survey and inventory of historic sites of
the municipality pursuant to criteria identified in the survey report.
3. Make recommendations to the Planning Board on the historic preservation
plan element of the master plan and on the implication for preservation
of historic sites or any other master plan elements.
4. Advise the Planning Board on the inclusion of historic sites and
the recommended capital improvement program.
5. Advise the Planning Board and the Board of Adjustment on applications
for development within the historic preservation zone.
6. Advise any other officials and departments of the Township of Edison
municipal government regarding the designation and protection of cultural
resources.
7. Act as a liaison on behalf of the Township of Edison municipal government
to individuals and organizations concerned with historic preservation.
8. Provide written reports on the application of the zoning ordinance
provision concerning historic preservation.
9. Make recommendations to approve or disapprove the applications for
permits which are referred to the Historic Preservation Commission
by the Zoning Officer in accordance with this section.
10. Ensure that when a discipline is not represented on the Commission,
and the Commission considers an action which is normally evaluated
by a professional in that specific discipline, the Commission shall
attempt to solicit such professional expertise before rendering a
decision.
b. All Commissioners shall:
1. Annually attend either a conference or training workshop on historic
preservation issues.
2. Review all proposed Nation and/or State Register nomination within
its jurisdiction, following the process promulgated by the NJDEP Historic
Preservation Office in its document New Jersey's Certified Local Government
Guidelines.
[1999 Code § 17.86.050]
a. Criteria for Designation. The Commission shall consider as worthy
of designation those buildings, structures, objects, or sites that
have integrity of location, design, setting, materials, workmanship,
feeling and association that meet one (1) or more of the following
criteria:
1. That are associated with the events that have made a significant
contribution to the broad patterns of our history;
2. That are associated with the lives of persons significant in our
past;
3. That embody distinctive characteristics or a type, period, or other
method of construction; that represent the work of a master; that
possess high artistic values; or that represent a significant and
distinguishable entity whose components may lack individual distinction;
4. That have yielded, or may be likely to yield, information important
to prehistory or history;
5. That are otherwise of particular historic significance to the Township
of Edison by reflecting or exemplifying the broad cultural, political,
economic, or social history of the Nation, State, region or community.
b. Procedures for Designation. Proposals to designate a property as
historic pursuant to this section may be made by the Township Council,
the Commission, the Planning Board or by the verified application
of the owner(s) or authorized agent(s) of the individual property
to be designated, in accordance with the following procedures:
1. Nomination Proposals. The party proposing property for designation
under this section shall prepare and submit to the Commission a nomination
report for each proposed property or site. For individual landmark
designation, the report shall include one (1) or more photographs;
the tax lot and block number of the property as designated on the
official tax map of the Township; and a physical description and statement
of significance and proposed utilization of the site.
2. Moratorium on Applications for Alteration or Demolition During Pendency
of Designation Action. No application for a permit to construct, alter,
or demolish a structure or other feature of a proposed landmark or
property location, filed subsequent to the date that an application
has been filed or a resolution proposed to initiate designation of
the proposed landmark shall be approved by the administrative officer
or other municipal agency without review by the Commission of such
application and the granting of a C/A. Commission review of such application
shall be conducted as if the property related to such application
had already been designated as a landmark property, and thereby are
subject to the same criteria, standard and procedures which govern
similar applications concerning properties designated as landmarks.
After the expiration of forty-five (45) days from the date of the
initial filing of the designation proposal with the Commission, the
permit application may be approved without Commission review, in accordance
with the relevant provisions of the Municipal Code of the Township,
if the Commission has failed to act on the designation proposal. Commission
action on the designation proposal is expressly differentiated from
a final designation by the Township Council.
c. Notice. The Commission shall schedule a public hearing on the proposed
designation of a landmark. At least twenty (20) days prior to the
hearing the Commission shall by personal service or certified mail:
1. Notify the owner(s) of record of a property that has been proposed
for designation, that the property is being considered for such designation
and the reasons therefor;
2. Advise the owner(s) of record of the significance and consequences
of such designation, and of the rights of the owner(s) of record to
contest such designation under the provisions of this section;
3. Notify the owner(s) of record of the date, time and location of the
public hearing concerning the proposed designation; and
4. Serve any notices further required by the Municipal Land Use Law.
d. Public Notice of Hearing. Public notice of the hearing shall be given
at least twenty (20) days prior to the hearing by publication in the
official newspaper of the Township. A copy of the nomination report
shall also be made available for public inspection in the Township
Clerk's office at least twenty (20) days prior to the hearing.
e. Hearing. At a public hearing, scheduled in accordance with this section,
the Commission shall review the nomination report and accompanying
documents. Interested persons shall be entitled to comment on the
proposed nominations for designation. Those persons who intend to
file a formal protest against a proposed designation must submit their
protest in writing to the Commission in accordance with the provisions
of this section.
f. Commission Report. Upon Commission review and public hearing, the
Commission shall forward to the Township Council its report which
shall contain a statement of its recommendation and the reasons therefor
with regard to proposed designations considered at the hearing, including
a list and map of properties approved for designation. A recommendation
by the Commission can only be made upon a two-thirds (2/3) vote of
the authorized membership of the Commission voting in the affirmative.
g. Referral to Planning Board. The Township Council shall refer the
report to the Planning Board, which in turn shall report to the Township
Council as soon as possible, but within thirty-five (35) days. Township
Council action on landmark designations shall be otherwise subject
to those procedures and statutes which apply to a change of a zoning
designation and the adoption, revision, or amendment of any development
regulation.
h. Final Designation. As soon as possible after its receipt of the report
of the Planning Board or the expiration of the period allowed for
Planning Board comment on designations pursuant to this section, the
Township Council shall act upon the proposed designation list and
may approve, reject, or modify by ordinance the designation recommendation
made by the Planning Board. The Township Clerk shall notify in writing
the owner of any property or site proposed for historic designation
ten (10) days in advance of the introduction of any ordinance proposing
historic designation. In the event that the Township Council votes
to reject or modify any Planning Board recommendation for a proposed
designation, the Council shall record in its minutes the reasons for
not following such recommendation. All action taken by the Council
on proposed designations shall become effective upon a favorable vote
of a majority of its full authorized membership.
i. Public Notice of Designation. Notice of designation shall be made
public by publication in the official newspaper of the Township and
by distribution to all municipal agencies reviewing development application
and permits. A certificate or letter of designation shall be sent
to the owner(s) of record.
j. Incorporation of Designated Landmarks into Township Records. Upon
adoption, the designation list shall be incorporated by reference
into the master plan and zoning ordinance of the Township as required
by the provisions of the Municipal Land Use Law. Designated properties
shall also be noted as such on the records for those properties maintained
by the offices of the Township Tax Assessor and the Township Clerk.
k. Amendments. Landmark designations may be amended in the same manner
as they were adopted in accordance with the provisions of this section.
[1999 Code § 17.86.060]
a. Certificate of Appropriateness. Where an application for development
is referred by the Zoning Officer to the Historic Preservation Commission
for review pursuant to this section, the applicant shall be required
to submit an "application for certificate of appropriateness" to the
Zoning Officer. As part of this application, the Historic Preservation
Commission may require the submission of such materials as are reasonably
required for it to make a recommendation on the application. This
application shall accompany the application for development when it
is referred to the Historic Preservation Commission for review and
must be complete in order to be considered. The Historic Preservation
Commission shall advise the applicant in writing of the time, date
and place of the meeting at which the matter will be reviewed at least
three (3) days prior to the meeting.
The Historic Preservation Commission may advise other interested
parties of the meeting and may publish notices of the meeting in the
newspaper. The applicant shall not be required to appear or to be
represented at the meeting. The applicant may appear at the meeting
and may submit additional information as he so chooses.
The applicant shall not be required to appear at or be represented
at any meeting of the commission at which the Commission will consider
the application for C/A, regardless of the ultimate findings and report
of the Commission.
As soon as possible but no later than forty-five (45) days after
the administrative officer has referred the application to the Commission,
the Commission shall return to the administrative officer its written
report granting or denying the application which report may be stated
in resolution form. The Commission shall file said report with the
administrative officer, together with the C/A if granted, within ten
(10) days of the Commission's decision on the application, and, on
the same date, shall forward a copy of the report and C/A to the applicant
by personal service or by certified mail, return receipt requested.
If within the above forty-five (45) day period, the Commission
has denied the issuance of a C/A required for the issuance of a permit
or recommended that conditions be met prior to the issuance of a permit,
the administrative officer shall deny issuance of the permit or include
the conditions as the case may be.
Failure of the Commission to report within the forty-five (45)
day period shall be deemed to constitute a recommendation in favor
of issuance of the permit and without the recommendation of conditions
to the permit.
b. Time Limit and Effect of Certificate of Appropriateness. A certificate
of appropriateness, which shall only be granted by the Zoning Officer
upon a recommendation by the Historic Preservation Commission, shall
confer upon the applicant the right that the general terms and conditions
upon which the certificate was granted shall not be changed for one
(1) year. Any certificate thereafter granted shall expire by limitation
unless the approved activity has commenced within one (1) year of
the date of the certificate. The Zoning Officer, acting on the advice
of the Historic Preservation Commission, may extend the time period.
Where other approvals or permits are required pursuant to this section,
the certificate of appropriateness shall be valid for the life of
those approvals or permits or extensions thereof.
[1999 Code § 17.86.070]
a. Regulated Activities. For the purposes of this section, regulated
activities on an historic structure shall include the following:
1. Demolition of any historic structure.
2. Relocation of any building, structure or improvement.
3. Change in the exterior appearance of any building, structure or improvement
by addition, reconstruction, alteration, replacement or maintenance.
4. Any addition or new construction of an improvement.
5. Replacement, changes in, or addition of signs, shutters, outdoor
displays, fences and hedges, street furniture, awnings, off-street
driveway and parking materials, or exterior lighting.
6. Installation or replacement of sidewalks, porches, fire escapes,
solar panels and satellite dish antennae.
b. Activities Not Regulated. In no instance shall the following be considered
regulated activities:
1. Changes to the interior of structures.
2. Ordinary repairs and maintenance or the exact replacement of any
existing architectural details that are otherwise permitted by law
provided this work on an historic landmark does not alter the exterior
appearance of the building. The following are some of the activities
which may be permitted according to this criteria:
(a)
Complete identical replacement of existing windows and doors.
(b)
Repair of existing windows and doors involving no change in
their design, scale or appearance. Installation of storm windows and
doors.
(c)
Complete replacement of existing material with identical material.
(d)
Maintenance and repair of existing roofing material involving
no change in the design, scale or appearance of the structure.
c. Emergency Repairs. Historic Preservation Commission review shall
not be required when an historic landmark requires immediate emergency
repair to preserve the continued habitability of the landmark and/or
the health and safety or its occupants or others. Emergency repairs
may be performed in accordance with the Township codes, without the
necessity of first obtaining the Commission's review. Under such circumstances,
the repairs performed shall be only such as are necessary to protect
the health and safety of the occupants of the historic landmark, or
others, and/or to maintain the habitability of the structure. At the
Zoning Officer's discretion, a request for the Commission's review
may be made as soon as possible thereafter and under such circumstances
no further work shall be performed upon the structure until an appropriate
request for approval is made and obtained in accordance with the procedures
set forth in this section.
d. Demolitions. In its review of an application for demolition of an
historic structure, the Historic Preservation Commission may recommend,
and the Zoning Officer may require, the postponement of demolition
for a period not to exceed one (1) year. The Commission shall utilize
this time period to consult with the Mayor and Council, the New Jersey
Department of Environmental Protection or other similarly qualified
organizations to ascertain how the Township may preserve the premises
to be demolished. The Commission shall be empowered to assist the
owner in developing plans to preserve the structure when moving or
demolition thereof would be a great loss to the Township. The Township
shall be empowered to negotiate with the applicant to see if an alternative
to demolition can be found and may require the applicant to prepare
a "financial analysis" which may include any or all of the following:
1. Amount paid for the property, date of purchase, and party from whom
purchased, including a description of the relationship, whether business
or familial, if any, between the owner and the person from whom the
property was purchased;
2. Assessed value of the land and improvements thereon according to
the most recent assessment;
3. For depreciable properties, a pro forma financial statement prepared
by an accountant or broker of record;
4. All appraisals obtained by the owner in connection with his purchase
or financing of the property, or during his ownership of the property;
5. Bona fide offers of the property for sale or rent price asked, and
offers received, if any;
6. Any considerations by the owner as to profitable, adaptive uses for
the property.
e. Economic Hardship. The Commission shall study the question of economic
hardship for the applicant and shall determine whether the site can
be put to reasonable beneficial use without the approval of the demolition
application. In the case of an income-producing building, the Commission
shall also determine whether the applicant can obtain a reasonable
return from his existing building. The Commission may ask applicants
for additional information to be used in making these determinations.
All final decisions shall be made by the Zoning Officer acting on
the recommendation of the Historic Preservation Commission.
[1999 Code § 17.86.080]
a. In preparing a recommendation regarding a regulated activity pursuant
to this section, the Historic Preservation Commission shall consider
whether the proposed activity is reasonable and appropriate and is
not in conflict with the intent and purpose of the provisions related
to historic sites as exemplified by the following standards and regulations.
1. Regulated Activities Other than Demolitions and Removals. In regard
to an application involving any regulated activity other than demolition
or removal, the following matters shall be considered:
(a)
The extent to which the proposed use of any building or structure
involved may have a negative impact on the continued viability of
the historic landmark.
(b)
The extent to which the proposed activity will adversely affect
the public's view of an historic structure.
(c)
The extent to which the proposed change will detract from the
architectural or historic character of the historic landmark or from
the criteria which were the basis of the designation of the historic
structure.
(d)
The extent to which the proposed change will result in the loss
of old, unusual or uncommon design, craftsmanship, textures or materials
that cannot be reproduced or can be reproduced only with great difficulty.
(e)
The landmark's importance to the Township and the extent to
which its historic or architectural interest would be adversely affected
to the detriment of the public interest by the proposed activity.
b. Demolitions. In regard to an application to demolish an historic
landmark, the following matters shall be considered.
1. Its historic, architectural, cultural and scenic significance in
relation to the criteria established in section I of this section.
2. Its potential for use for those purposes currently permitted by the
zoning ordinance.
3. Its structural condition and the economic feasibility of alternatives
to the proposal.
4. Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
5. The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty and expense.
6. The extent to which its retention would promote the general welfare
by maintaining and increasing the real estate values, generating business,
attracting tourists, attracting new residents, stimulating interest
and study in architecture and design, or making the municipality an
attractive and desirable place in which to live.
c. Relocation. In regard to an application to move an historic structure
to a new location, the following matters shall be considered:
1. The historic loss to the site of original location;
2. The reasons for not retaining the historic structure at its present
site.
3. The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of interest
and values referred to in this section.
4. If the proposed new location is within a district, visual compatibility
factors as set forth in this section.
5. The probability of significant damage to the landmark or structure
itself.
6. If it is to be removed from the Township, the proximity of the proposed
new location to the Township, including the accessibility to the residents
of the Township and other citizens.
[1999 Code § 17.86.090]
a. Violations; Defined. Any person violating any of the provisions of
this section shall, upon conviction thereof, be subject to the penalties
herein. A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. Any person who shall
undertake any activity without approvals required by this section
shall be deemed to be in violation hereof.
b. Notice of Violations. Upon learning of the violation, the administrative
officer shall personally serve upon the owner of the property whereon
the violation is occurring a notice describing the violation in detail,
and giving the owner (10) days to abate the violation by restoring
the building, structure, or site to its condition prior to the violation.
If the owner cannot personally be served within the Township with
said notice, a copy shall be posted on the property and a copy shall
be sent, via certified mail, to the owner of record at the address
listed on the official tax records of the Township.
c. Injunctive Relief. In the event that the violation is not abated
within ten (10) days of service or posting on site, whichever is earlier,
the administrative officer shall cause to be instituted any appropriate
action or proceeding to prevent such unlawful activity, to restrain,
correct, or abate such violation, to prevent the occupancy of said
building, structure, or site, or to prevent any illegal act, conduct,
business, or use in or about such premises as follows:
1. If any person shall undertake any activity requiring a permit and
report of the Commission without first having obtained approval, he
or she shall be required to immediately stop the activity, apply for
approval, and take any necessary measures to preserve the affected
premises pending such approval. If the work is denied, he or she shall
immediately restore the building, structure, object, or site to its
condition prior to any such activity. The administrative officer is
hereby authorized to seek injunctive relief regarding a stop action
or restoration in the Superior Court of New Jersey, not less than
ten (10) days after the delivery of notice pursuant to paragraph b.
hereof.
2. In the event of the threat of imminent action for which the necessary
approvals have not been granted, and which action would permanently
and adversely change a landmark or any building, structure, object,
or site the administrative officer is empowered to apply to the Superior
Court of New Jersey for injunctive relief as is necessary to prevent
such actions.
d. Penalties. In addition to the remedies provided above, a person convicted
of a violation of this section before a court of competent jurisdiction
shall be subject to penalties as follows:
1. For each day up to ten (10) days, not more than one hundred ($100.00)
dollars per day.
2. For each day between eleven (11) and twenty-five (25) days, not more
than two hundred fifty ($250.00) dollars per day.
3. For each day beyond twenty-five (25) days, not more than five hundred
($500.00) dollars per day.
[1999 Code § 17.88.010; Ord. No.
O.1796-2012]
a. Scope of Provisions. Off-street parking, unloading and service requirements
of this section shall apply and govern in all present and future zoning
districts within the Township. Except as provided in this section,
no application for a building permit shall be approved unless there
is included with the plan for such building, improvement or use a
plot plan showing the required space reserved for off-street parking,
unloading and service purposes. An occupancy permit shall not be given
unless the required off-street parking, unloading and service facilities
have been provided in accordance with those shown on the approved
plan.
b. Duty to Provide and Maintain Off-Street Parking and Loading. No land
shall be used or occupied, no structure shall be designed, created,
altered, used or occupied, and no use shall be operated unless off-street
parking and loading facilities are provided in at least the amount
required by this section and maintained in the manner required by
this section.
c. Parking Space Variance Payments. Any variance from the construction of less than the minimum number of parking spaces required under subsection
37-60.3 or any provision of the Township's zoning or land use regulations requiring a minimum number of parking spaces shall require payment as follows:
1 to 5 spaces
|
$5,000 for each space
|
6 to 15 spaces
|
$4,500 for each space
|
16 to 30 spaces
|
$4,000 for each space
|
30 or more spaces
|
$3,000 for each space
|
[1999 Code § 17.88.020]
a. Required Size of Parking Spaces and Access.
1. All off-street parking spaces shall be not less than nine (9) feet
wide nor less than eighteen (18) feet deep.
2. All parking spaces shall connect to an on-site driveway.
b. Provision for Proper Drainage and Maintenance. All off-street parking,
off-street loading and service facilities shall be so drained as to
prevent damage to abutting properties or public streets and shall
be constructed of materials which will assure a surface resistant
to erosion. Such drainage and materials shall be installed as required
by the engineer. All such areas shall be at all times maintained at
the expense of the owners thereof in a clean, orderly and dust-free
condition.
c. Separation from Walkways and Streets. All off-street parking, off-street
loading and service areas shall be separated from walkways, sidewalks,
streets or alleys by curbing or other protective device.
d. Private Walks Adjacent to Business Buildings. A private walk, if
provided adjacent to a building, shall be not less than four (4) feet
in width and shall be in addition to the other requirements of this
section.
e. Screen Required When Adjoining Property is Residential. Where off-street
parking, loading or service areas are proposed to be located closer
than fifty (50) feet to a lot in any residential zoning district,
or to any lot upon which there exists a dwelling as a permitted use
under these regulations, except where a State or Federal highway or
railroad coincides or is located between the lot line and the residential
district, and where such parking, loading or service areas are not
entirely screened visually from such lot by an intervening building
or structure, there shall be provided along the lot line a continuous
screen in accordance with applicable buffer and transition requirements
set forth in this chapter. No such screen shall extend nearer to a
street right-of-way line than the established building line of the
adjoining residential lot.
f. Interior Driveway. Interior driveways shall be at least twenty-four
(24) feet wide where used with ninety (90) degree-angle parking, at
least twenty (20) feet wide where used with sixty (60) degree-angle
parking and at least eighteen (18) feet wide where used with forty-five
(45) degree-angle parking. Where there is no parking, interior driveways
shall be at least twelve (12) feet wide for one-way traffic movement
and at least twenty-two (22) feet wide for two-way traffic movement.
g. Connection to a Public Right-of-Way. Each off-street parking, loading
or service area shall be connected to a public street right-of-way
by means of a driveway.
h. Size of Driveways. A driveway, exclusive of curb return radii, shall
be not less than twelve (12) feet nor more than thirty-six (36) feet
in width.
i. Location of Curb Cuts. At the intersection of streets, except lanes
and alleys, a curb cut shall be set back not less than twenty-five
(25) feet from the intersection of two (2) curblines or such lines
extended and shall be set back not less than five (5) feet from the
intersection of two (2) property lines or such lines extended. Between
the curb returns for any two (2) driveways serving the same property,
there shall be at least twenty-five (25) feet of curb, except that
this distance may be reduced to as little as five (5) feet where it
is demonstrated that restricted frontage makes this necessary in order
to provide not more than two (2) adequate driveways for the property.
j. Off-Street Parking Space Within Building. Garage space or space within
buildings, in basements or on the roofs of buildings may be used to
meet the off-street parking requirements of this section, provided
that each space is designated to serve as off-street parking space.
k. Pavement Markings and Signs. Each off-street parking space shall
be clearly marked, and pavement directional arrows or signs shall
be provided wherever necessary. Markers, directional arrows and signs
shall be properly maintained so as to ensure their maximum efficiency.
l. Lighting for Night Use. Adequate lighting shall be provided if the
off-street parking facilities are used at night. If the parking facilities
abut residential land, the lighting shall be arranged and installed
so as not to reflect or cause glare off the abutting residential land
in accordance with provisions of performance standards.
m. Required Off-Street Parking Area Not to be Reduced. No off-street
parking area shall be reduced in size or encroached upon by any building,
vehicle storage, loading or unloading space or any other use where
such reduction or encroachment will reduce the off-street parking
and loading spaces below that required by these regulations.
n. Joint Parking Facilities. The off-street parking requirements for
two (2) or more nonresidential neighboring uses of the same or different
types located on the same lot or on contiguous lots and within the
same zoning district may be satisfied by the allocation of the required
number of spaces for each use in a common parking facility, provided
that the number of off-street parking spaces is not less than the
sum of individual requirements, except that any use whose peak attendance
will be at night or on Sundays, such as churches, theaters and assembly
halls, may be assigned to a use which will be closed at night or on
Sundays.
o. Parking Provided on Same Lot as Main Building. Off-street parking
spaces for one-family, two-family and multifamily dwellings shall
be provided on the same lot as the main building. Off-street parking
spaces for all other uses shall be provided on the same lot as the
main building to be served by such parking unless otherwise provided
for herein.
p. Computing Number of Employees. For the purpose of this section, the
number of employees shall be computed on the basis of the maximum
number of persons to be employed at any one time, taking into consideration
day, night and seasonal variations.
q. Fractional Spaces Required. When units of measurement determining
the number of required off-street parking spaces and off-street loading
spaces result in the requirement of a fractional space, any fraction
up to and including one-half (1/2) shall be disregarded and any fraction
over one-half (1/2) shall require one (1) off-street parking or loading
space.
r. Off-Street Parking and Loading Space Within a Required Setback. No
required off-street parking and loading space, including maneuvering
areas for such off-street parking and loading space, shall be established
in the area between the front building line and the street right-of-way
line in any industrial district, unless specifically permitted elsewhere
in this chapter.
s. Other Use of Off-Street Parking Space Prohibited. No off-street parking
or loading area shall be used for the sale, repair, dismantling or
servicing of any vehicle, equipment materials or supplies.
t. Size of Loading Berth. A loading berth shall be at least twelve (12)
feet wide with at least a fifteen (15) foot overhead clearance. The
length of the loading berth shall be such that the horizontal distance
from the front of a dock for back-in parking to the limiting boundary
of the loading and unloading area shall be not less than twice the
overall length of the longest vehicle expected to use the facility
or forty-eight (48) feet, whichever is the greater. A loading space
need not be, necessarily, a full berth but shall have a minimum plan
dimension of at least ten (10) feet overhead clearance.
[1999 Code § 17.88.030]
No off-street parking area shall be reduced in size or encroached
upon by any building, vehicle store, loading or unloading space or
any other use where such reduction or encroachment will reduce the
off-street parking and loading spaces below that required by these
regulations. Minimum space requirements for off-street parking areas;
use and minimum space requirements shall be as follows:
a. Automobile and gasoline service station: at least one (1) space for
each gasoline island and service bay or similar service area or five
(5) spaces, whichever is greater. Further, in the instances of other
retail sales of products at the site, one (1) space for each two hundred
(200) square feet of gross floor space shall be required.
b. Automobile sales establishment: at least one (1) space for every
one thousand (1,000) square feet of the building area used for such
purposes or one (1) space for each five thousand (5,000) square feet
of lot area, whichever is greater.
c. Bowling establishment: at least three (3) spaces for each bowling
lane. If additional facilities such as a bar or restaurant are provided,
additional parking spaces shall be provided in accordance with the
requirements for similar uses set forth in this subsection.
d. Church, synagogue or other places of worship: at least one (1) space
for each four (4) seats or one (1) space for each four (4) person's
occupancy based upon the maximum allowed occupancy calculated from
the New Jersey Uniform Construction Code, whichever is greater.
e. Commercial or Personal Service Establishments:
1. Grocery store, food market and supermarket: one (1) space per one
hundred fifty (150) square feet of gross floor area.
2. Delicatessen and bakery: one (1) space per two hundred fifty (250)
square feet of gross floor area and one (1) space for each three (3)
seats, if applicable.
3. Barbershop and beauty shop: three (3) spaces for each beautician
and barber or one (1) space for each one hundred fifty (150) square
feet of gross floor area, whichever is greater.
4. Furniture and hardware store: one (1) space for each three hundred
fifty (350) square feet of gross floor area.
5. Other commercial or personal service uses not specifically listed
elsewhere in this subsection: one (1) space for each two hundred (200)
square feet of gross first floor area, plus one (1) space for each
three hundred (300) square feet of additional gross floor area.
f. Educational and training school or institution, nonprofit or commercial:
at least one (1) space for each one (1) employee, including teachers
and administration, plus one (1) space for each student or one (1)
space for each one hundred fifty (150) square feet of classroom, laboratory
or other space used for instructional purposes.
g. Eleemosynary or philanthropic institution: at least one (1) space
for each one (1) employee, plus such additional facilities for residents
and visitors.
h. Home-based occupation: two (2) parking spaces in addition to the
requirement for the dwelling unit, plus one (1) additional space for
any full-time employee who is not a resident of the site.
i. Hospital or nursing home: at least one (1) space for each two (2)
patient beds, plus one (1) additional space for each staff member
or visiting doctor, based on the average number of persons serving
the facility.
j. Industrial or manufacturing establishment: at least one (1) space
for each employee, and one (1) additional space for each vehicle used
directly in the conduct of the enterprise or one (1) space for each
three hundred (300) square feet of total floor space, whichever is
greater.
k. Warehouse: one (1) space for each three thousand (3,000) square feet
of total floor area.
l. Medical, dental or chiropractic office: five (5) spaces for each
professional person occupying or using each office, plus one (1) space
for each one hundred fifty (150) square feet of gross floor area of
office.
m. Mortuary or funeral home: at least one (1) parking space for each
four (4) seats in the chapel or one (1) space for each twenty-five
(25) square feet of area designed and used for chapel space and one
(1) additional space for each funeral vehicle.
n. Motel, auto court, motor lodge, tourist court: at least one space
for each guest or sleeping room, plus two (2) additional spaces for
each ten (10) rooms up to one hundred (100) rooms.
o. Multifamily dwelling: at least two (2) spaces for each dwelling unit
except for dwellings restricted to occupancy by a head of household
sixty-two (62) or more years of age, then one (1) space per dwelling.
p. Office building, professional building or similar use: at least one
(1) space for each three hundred (300) square feet of gross floor
area, except that medical, dental or chiropractic offices shall comply
with the minimum requirement of paragraph l.
q. One- or two-family detached dwelling: at least two (2) spaces per
dwelling unit. A paved driveway having a surface area of three hundred
fifty (350) square feet in area shall service to meet this standard.
r. Private club: at least one (1) space for one hundred (100) square
feet gross floor space or one (1) space for each three (3) memberships,
whichever is greater.
s. Recreation establishment, commercial, other than a theater, bowling
establishment, auditorium or stadium: one (1) space for each two hundred
(200) square feet of floor area open to the general public or members.
t. Restaurant or similar place dispensing food, drink or refreshments:
at least one (1) space for each three (3) seats provided for patron
use or one (1) space for each fifty (50) square feet of retail space,
excluding kitchen and utility rooms, whichever is greater.
u. Commercial shopping center which includes supermarket or three (3)
or more individual uses (tenants, one (1) of which is a supermarket
of twenty-five thousand (25,000) square feet or more): six and five-tenths
(6 5/10) spaces for each one thousand (1,000) square feet of
gross floor area; commercial shopping centers of two hundred fifty
thousand (250,000) square feet or more of gross floor area: six (6)
spaces for each one thousand (1,000) square feet.
v. Swimming pool or natural bathing place operated by profit: at least
one (1) space for each four (4) persons within the recommended original
capacity prescribed under applicable State and local laws, ordinances
or resolutions.
w. Theater: at least one (1) space for each three (3) seats or one (1)
space for each three (3) persons permitted under the maximum occupancy
permitted by the Edison Township Uniform Construction Code.
[1999 Code § 17.88.040]
a. Unless otherwise specified by this section, off-street loading docks,
bays and aisleways shall be permitted in side and rear yard areas.
b. Minimum off-street loading space requirements shall be as follows:
1. Industrial and wholesale operations shall demonstrate that the following
requirements can be satisfied:
Area (square feet)
|
Number of Spaces
|
---|
0—7,500
|
0
|
7,500—40,000
|
1
|
40,000—100,000
|
2
|
100,000—160,000
|
3
|
Each 90,000 above 160,000
|
1
|
2. Retail operation and all first-floor nonresidential uses with a gross
floor area of more than three thousand (3,000) square feet and less
than twenty thousand (20,000) square feet and all wholesale and light
industrial operations with a gross floor area of less than ten thousand
(10,000) square feet: one (1) loading space in accordance with the
provisions of this section.
3. Retail operation, including restaurant and dining facilities within
hotels and office buildings, with a gross usable floor area of twenty
thousand (20,000) square feet or more devoted to such purposes: one
(1) loading berth for every twenty thousand (20,000) square feet of
floor area.
c. Waiver Provision. The Planning Board may waive up to fifty (50%)
percent of the required off-street parking spaces and/or off-street
loading for industrial, office and retail buildings if the applicant
demonstrates through submission of employment records or other documentation
that such spaces are not needed; provided, however, that an area equal
to that required for the number of spaces waived is reserved at the
site.
[1999 Code § 17.90.010]
GLARE
Means the sensation produced by luminance within the visual
field that is sufficiently greater than the luminance to which the
eyes are adapted to cause annoyance, discomfort or loss in visual
performance and visibility.
IESNA
Means Illuminating Engineering Society of North America,
an organization that recommends standards for the lighting industry.
LIGHT TRESPASS
Means any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in subsection
37-61.3.
OUTDOOR LIGHT FIXTURE
Means an electrically powered illuminating device containing
a total light source of more than one thousand eight hundred (1,800)
initial lumens per fixture (this is greater than a single one hundred
(100) watt incandescent, or two (2) seventy-five (75) watt reflectorized
incandescent bulbs), which is permanently installed outdoors, including
but not limited to, devices used to illuminate any site, architectural
structure or sign.
SHIELDED LIGHT FIXTURE
Means a fixture with cutoff optics that allows no direct
emissions above a vertical cutoff angle of ninety (90) degrees above
nadir (straight down at a perfect vertical), through the light fixture's
lowest light emitting part. Any structural part of the light fixture
providing this cutoff angle must be permanently affixed.
[1999 Code § 17.90.020]
a. Purpose. The Township of Edison does herein find that regulation
of outdoor lighting in the Township of Edison is necessary to prevent
misdirected or excessive artificial light, caused by inappropriate
or misaligned light fixtures that produce glare, light trespass (nuisance
light) and/or unnecessary skyglow; and also that such regulation is
necessary to discourage the waste of electricity and to improve or
maintain nighttime public safety, utility and security.
b. All outdoor light fixtures installed and thereafter maintained other
than those serving one- and two-family dwellings, shall comply with
the requirements as specified below:
1. Where used for security purposes or to illuminate walkways, roadways
and parking lots, only shielded light fixtures shall be used.
2. Where used for commercial and industrial purposes such as in merchandise
display areas, work areas, platforms, signs, architectural, landscape
or sports or recreational facilities, all light fixtures shall be
equipped with automatic timing devices and comply with the following:
(a)
Light fixtures used to illuminate flags, statues or any other
objects mounted on a pole, pedestal or platform, shall use a narrow
cone beam of light that will not extend beyond the illuminated object.
(b)
Other upward directed architectural, landscape or decorative
direct light emissions shall have at least ninety (90%) percent of
their total distribution pattern within the profile of the illuminated
structure.
(c)
Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare control devices, when necessary, to comply with subsection
37-61.3.
(d)
Externally illuminated signs including commercial billboard,
building identification or other similar illuminated signs, shall
comply with the following:
(1)
Top mounted light fixtures shall be shielded and are preferred.
(2)
When top mounted light fixtures are not feasible, illumination
from other positioned light fixtures shall be restricted to the sign
area. Visors or other directional control devices shall be used to
keep spill light to an absolute minimum.
(e)
All other outdoor lighting shall use shielded light fixtures.
3. All floodlight type fixtures, once properly installed, shall be permanently
affixed in the approved position.
4. Foundations supporting lighting poles not installed four (4) feet
behind the curb, shall not be less than twenty-four (24) inches above
ground.
[1999 Code § 17.90.030]
All light fixtures, except street lighting and those used on
one- or two-family dwellings, shall be designed, installed and maintained
to prevent light trespass, as specified in paragraphs a. and b. below.
a. At a height of five (5) feet above the property line of subject property,
illuminations from light fixtures shall not exceed 0.1 foot-candles
in a vertical plane on residentially zoned property.
b. Outdoor light fixtures properly installed and thereafter maintained,
shall be directed so that there will not be any objectionable direct
glare source visible from any property.
Note: Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
[1999 Code § 17.90.040]
Illuminance and luminance requirements shall be as set forth
in the current edition of the IESNA Lighting Handbook.
a. Street Lighting. Average IESNA illuminance recommendations shall
not be exceeded. IESNA average to minimum illuminance uniformity ratios
are to be used as a guide for designing safe and adequate roadway
lighting.
b. Outdoor Parking Facilities. Outdoor parking lot illuminance shall
be based on certain illuminance specifications recommended by the
IESNA, as contained in Schedule A.
c. All other illuminance uses shall not exceed IESNA recommendations.
d. Internally illuminated signs shall not exceed IESNA luminance recommendations.
[1999 Code § 17.90.050]
a. All outdoor lighting not necessarily for security purposes shall
be reduced, activated by motion sensor devices or turned off during
non-operating hours. Illuminated signs are excluded from this requirement.
b. All lighting shall be designed to prevent misdirected or excessive
artificial light and to maximize energy efficiency.
[1999 Code § 17.90.060]
Plans and evidence of compliance shall include the following.
a. Description of outdoor light fixtures including component specifications
such as lamps, reflectors, optics, angle of cutoff, supports, poles
and include manufacturers catalog cuts.
b. Locations and descriptions of every outdoor light fixture and hours
of operation.
c. Maintained horizontal illuminance shown as foot-candles (after depreciations).
3. Average, during operating and non-operating hours.
4. Average to minimum uniformity ratio.
d. Computer generated photometric grid showing foot-candles readings
every ten (10) feet and the average foot-candles.
e. Foundation details for light poles.
f. When not using IESNA recommendations, submit reasons and supply supporting
documentation.
[1999 Code § 17.90.070]
Searchlights or flashing or animated signs are prohibited, other
than for a period of seven (7) days from the date of the opening of
a new establishment.
[1999 Code § 17.90.080]
a. Schedule.
|
Basic
|
Enhanced Security
|
---|
Horizontal Illuminance
|
|
|
Minimum
|
0.2 fc
|
0.5 fc
|
Average
|
1.0 fc
|
2.5 fc
|
Uniformity Ratios
|
|
|
Average to Minimum
|
5:1
|
5:1
|
Maximum to Minimum
|
20:1
|
15:1
|
Minimum Vertical Illuminance
|
0.1 fc
|
0.25 fc
|
b. Standards.
1. Minimum horizontal illuminance shall be no lower than 0.2 fc.
2. Average horizontal illuminance shall not exceed 2.5 fc.
3. Uniformity ratios are to be used as a guide.
4. Minimum vertical illuminance shall be measured at 5.0 feet above
parking surface at the point of lowest horizontal illuminance, excluding
facing outward along boundaries.
5. For Typical Conditions. During periods of non-use, the illuminance
of certain parking facilities should be turned off or reduced to conserve
energy. If reduced lighting is to be used only for the purpose of
property security, it is desirable that the minimum (low Point) not
be less than 0.1 hfc. Reductions should not be applied to facilities
subject to intermittent night use, such as apartments, hospitals and
active transportation areas.
6. If personal security or vandalism is a likely and/or severe problem,
an increase above the basic level may be appropriate.
7. High vehicular traffic locations should generally require the enhanced
level of illumination. Exits, entrances, internal connecting roadways
and such would be some examples.
8. Increasing the above illuminance is not likely to increase safety
and security. Variance requests for higher levels will generally be
for "retail" reasons and should not be granted unless shown to be
necessary and at an average illuminance not to exceed 3.6 foot-candles.
Certain data above has been summarized from IESNA RP-20-98,
titles "Lighting for Parking Facilities."
[1999 Code § 17.92.010]
The purpose of this section shall be to coordinate the type,
placement and scale of signs within different land use zones; to recognize
the communication requirements of all sectors of the community; to
encourage the innovative use of design; to promote both renovation
and proper maintenance; to protect public safety; to allow for special
circumstances; and to guarantee equal treatment under the law. These
shall be accomplished by regulation of the display, erection, use
and maintenance of signs. The use of signs is regulated according
to zone. The placement and scale of signs are regulated primarily
by type and length of street frontage, and surrounding conditions
must also be considered. All signs hereafter erected or maintained,
except official traffic and street signs, shall conform with the provisions
of this chapter. Any signs not specifically permitted are prohibited.
[1999 Code § 17.92.020]
a. It is unlawful for any person to erect, structurally alter or relocate
any sign without first obtaining a permit and making payment of the
required fee.
b. Consent. No sign permit will be issued without the written consent
of the landowner or the one in control of the premises.
[1999 Code § 17.92.030; Ord. No.
O.1962-2017; amended 5-8-2024 by Ord. No. O.2213-2024]
As used in this section:
ABANDONED SIGN
Means a sign which no longer identifies or advertises a bona
fide business, lessor, service, owner, product or activity and/or
for which no legal owner can be found.
ADVERTISING SIGN
Means a sign which provides information in addition to the
name and address of the occupant therein or utilizes a trademark.
ANIMATED SIGN
Means a sign which has its illumination maintained at a constant
intensity at the source of such illumination, and the animation is
created by other means than the increase or decrease of the intensity
at its source.
AWNING SIGN
Means a fireproof space frame structure with translucent
flexible reinforced vinyl covering designed in awning form, but whose
principal purpose and use is signage. Such signs are internally illuminated
by fluorescent or other light sources in fixtures approved under National
Electrical Code and BOCA Code.
CHANGEABLE SIGN
Means a sign whose informational content can be changed or
altered by manual or electric, electromechanical or electronic means.
DIRECTIONAL SIGN
Means a sign containing directional information about public
places owned or operated by Federal, State or local governments or
their agencies; publicly or privately owned natural phenomena or historic,
cultural, scientific, educational and religions sites; and areas of
natural beauty or naturally suited to outdoor recreation; and a sign
containing directional information whose purpose it is to regulate
and control the flow of vehicular and pedestrian traffic.
DIRECTORY SIGN
Means a freestanding sign which lists the occupants or tenants
of a site or building.
ERECT
Means to construct, build, raise, assemble, place, affix,
attach, create, paint, draw or in any other way bring into being or
establish, but not any of the foregoing activities when performed
as an incident to the change of an advertising message or normal maintenance
or repair of a sign or sign structure.
FACADE SIGN
Means a sign attached to, painted on or erected against the
exterior wall or window of a building or an awning.
FLASHING SIGN
Means a sign the illumination of which is not kept constant
in intensity at all times when in use.
FREESTANDING SIGN
Means a sign supported by poles, columns, uprights or foundations
affixed to the ground but not attached to any part of any building.
IDENTIFICATION SIGN
Means a sign which states the name or address of the occupant
therein or identifies a place or development.
MARQUEE
Means a permanent roof-like shelter extending from part or
all of a building face over a public right-of-way and constructed
of some durable material such as metal, wood or plastic.
MEMORIAL SIGNS
Means historical tablets, cornerstones, memorial plaques
and emblems which do not exceed six (6) square feet in surface area
and which are installed under the auspices of public or quasi-public
bodies and religious organizations.
NAMEPLATE SIGN
Means a sign which states the name or address of the occupant
where a sign is located.
NITS
A measurement of the brightness of light. One nit is equal
to one candela (one candlepower) per square meter (1cd/m2 ).
NONCONFORMING SIGN
Means a sign which was erected legally, but which does not
comply with subsequently enacted sign restrictions and regulations.
OFF-PREMISE SIGNS AND BILLBOARDS
Means a sign which directs attention to a business, industry,
profession, commodity, service or entertainment not necessarily sold
or offered upon the premises where the sign is located. Billboards
shall be freestanding in nature
OPEN HOUSE SIGN
Means the temporary "Open House" sign licensed real estate
agents may display on the day of a real estate open house from 11:00
a.m. to 6:00 p.m., consisting of a metal "A" frame design with maximum
face size of two (2) feet by two (2) feet, which shall not be permanently
affixed to the ground or other fixed object, such as a tree or utility
pole, and shall not obstruct any sight triangles at intersections
or driveways, but shall be properly ballasted so as to remain in place
and which shall identify the real estate broker sponsoring the open
house, to include his/her address and telephone number.
[Ord. No. O.1962-2017]
PARAPET
Means the extension of a false front or wall above a roofline.
PERSON
Means any individual, association, partnership, firm or corporation.
PROFESSIONAL SIGN
Means a sign listing only the name and profession of each
resident practitioner.
PROJECTING SIGN
Means a sign which is attached to the building wall and extends
from the face of such wall.
ROOF SIGN
Means a sign constructed or supported upon the roof of any
building or structure.
SIGN
Means any device, structure, fixture or placard using graphics,
symbols and written copy for the primary purpose of identifying, providing,
directions or advertising any establishment, product, goods or services,
provided that the display of public notices or the flag emblem or
insignia of a nation or political unit shall not be considered "signs"
under the provisions of this chapter.
SIGNS, DOUBLE-FACED or DOUBLE-FACED SIGNS
Means one (1) sign painted on both sides or two (2) signs
of identical size and shape attached to each other back-to-back. Whenever
there is an angle between the two (2) sign faces, it shall be considered
as two (2) separate signs.
STRUCTURE OF SIGN
Means any structure which supports or is capable of supporting
any sign or signs.
TEMPORARY SIGN
Means a sign which is intended to advertise community or
civic projects, real estate for sale or lease or other sale or special
event on a temporary basis.
WALL SIGN
Means a sign which is attached to or painted on the wall
of a building with the face in a place parallel to such wall and extending
from the face of such wall, the lowest portion of which sign is not
higher than the lowest portion of the roofline of the building and
is not wider than the building.
[1999 Code § 17.92.040; Ord. No.
O.1595-2007; Ord. No. O.1654-2008§ I; Ord. No. O.1962-2017]
The following signs shall not require permits or the payment
of fees but are subject to the other provisions of this chapter:
a. Professional nameplate and home occupation signs indicating the name
and profession of the occupant of a dwelling, provided that such signs
do not exceed two (2) square feet. The signs shall not be lighted
outside of posted business hours;
b. Temporary signs inside windows of commercial establishments covering
not more than twenty-five (25%) percent of any given window and which
shall be removed within thirty (30) days of the date of the erection,
which date shall be indicated thereon in a prominent manner. These
signs shall not unreasonably obstruct light and visibility;
c. Public directional signs containing directional information about
public places owned or operated by Federal, State, County or local
governments or their agencies; publicly owned natural phenomena or
historic, cultural and educational sites;
d. Directional Signs. Directional signs for the convenience of the general
public to identify parking areas, loading zones, entrances, exits
and similar signs shall not exceed four (4) square feet in area;
e. Signs denoting the architect, engineer or contractor, then placed
upon work under construction and not exceeding sixteen (16) square
feet in area, and which are to be removed within ten (10) days after
the issuance of a certificate of occupancy, provided that the sign
shall not exceed six (6) feet in height nor be located within fifteen
(15) feet of any lot line;
f. Memorial signs or tablets, names of buildings and dates of erection
when cut into any masonry surface or when constructed of bronze or
other durable material not to exceed six (6) square feet of surface
area;
g. Any signs forbidding trespassing, hunting, fishing or trapping as
authorized by the fish and game laws, dumping and the use of all terrain
vehicles (ATV's), not to exceed two (2) square feet in area;
h. Temporary signs indicating a political preference or a political
event, for a period of sixty (60) days prior to an election or political
event, which shall be removed within fourteen (14) days after the
election or political event, provided that such signs do not exceed
thirty-two (32) square feet in area on any one surface;
i. Name and number of plates identifying the residents on a house, apartment
or mailbox, not to exceed sixty (60) square inches;
j. Garage sale signs located on the premises only, not to exceed two
(2) square feet, and containing the date of sale, which sign shall
be removed within twenty-four (24) hours after the last day of the
sale;
k. Temporary signs advertising the sale or rental of the premises upon
which they are situated, provided that such signs do not exceed eight
(8) square feet and which shall be removed when the purpose of the
sign is fulfilled;
l. Temporary and permanent traffic signs and signals installed by the
Township, County and State for the purpose of directing and regulating
the flow of traffic;
m. Signs indicating public transportation stops when installed by the
Township or a public transportation utility;
n. Flags or emblems of religious, educational, civic or governmental
organizations flown from supports on the buildings or grounds occupied
by the organization and the American flag whenever and wherever flown
in accordance with the laws and rules promulgated by the Federal government;
o. Lawn signs identifying residents, not exceeding one and one-half
(1 1/2) square feet in area for each side. The signs shall not
contain any advertising message and shall be nonilluminated except
by a light which is an integral part of a lamppost if used as support;
p. Signs posted by governmental agencies or pursuant to governmental
statute, order or regulation;
q. Temporary signs and posts for advertising public functions or fund-raising
events for charitable or religious organizations shall be permitted
for a period of sixty (60) days prior to and during the event and
shall be removed within five (5) days after the event. The sign shall
be nonilluminated, not larger than twelve (12) square feet in area,
not exceeding eight (8) feet in height and may be erected flat against
the building or freestanding.
r. Signs advertising the membership recruitment for Edison Township
sponsored sports organizations. These organizations are limited to
Buddy Ball of Edison, Clara Barton American Legion No. 324, Edison
Angels Softball, Edison Boys Baseball, Father and Son American Legion
No. 435, Fords/Clara Barton Little League, Midtown Little League,
North Edison Baseball and Softball, Edison Youth Basketball, Edison
Jets Football, North Edison Shamrocks Football, Edison United Soccer
Association, Little Eagles Wrestling, North Edison Mathawks Wrestling.
These signs shall not exceed sixteen (16) square feet in area, may
not be more than eight (8) feet in height and must maintain a setback
of ten (10) feet from a property line. All membership recruitment
signs must be removed no later than thirty (30) days after they are
posted.
s. Temporary "Open House" signs.
[Ord. No. O.1962-2017]
[1999 Code § 17.92.050]
a. Any existing sign which was legally erected and maintained may continue
to exist at its present location but shall not be altered, rebuilt,
relocated, enlarged or extended, unless the change results in a more
conforming sign, in any aspect.
b. In owner-occupied or one-tenant cases, no permit shall be issued
for any additional sign if the property contains a nonconforming sign.
c. Examples of alterations shall be, but shall not be limited to, the
following:
1. The message on a sign painted on the side of a building is changed;
2. The letters affixed to a building are removed and changed other than
for purposes of repair;
3. Any structural change is made to the supporting members, frame, backing
or lighting system.
[1999 Code § 17.92.060; Ord. No.
O.1962-2017]
a. No sign shall be erected, used or maintained which in any way simulates
official, directional or warning signs erected or maintained by the
State of New Jersey, by any County or municipality or by any public
utility or similar agency concerned with the protection of the public
health or safety.
b. No portion of any sign shall be located within or suspended over
a public right-of-way or pedestrian walkway, except for United Community
Fund, temporary "Open House" real estate sales signs, Edison rescue
squads, hospitals and official Township functions. With regard to
temporary "Open House" real estate sales signs, the following requirements
apply: 1) temporary "Open House" real estate signs may be displayed
on the day of the open house from 11:00 a.m. to 6:00 p.m.; 2) temporary
"Open House" real estate signs may be located in the public right-of-way
but not on or within any street, sidewalk, sight triangle, or on any
pole or tree; 3) these signs shall be metal "A" frame design with
maximum face size of two (2) feet by two (2) feet and identify the
real estate broker sponsoring the open house, to include his/her address
and telephone number on the sign; 4) the real estate broker sponsoring
the open house shall be responsible for complying with the provisions
of this subsection, particularly the installation and removal of the
sign at the designated times proved for within this section; 5) no
"Open House" sign shall be placed on private property without prior
written permission from the property owner; 6) no balloons or other
attention grabbing devices shall be attached to any "Open House" sign;
and 7) any violation of the provisions of this subsection shall be
punishable under the general violation provisions of this Code.
[Ord. No. O.1962-2017]
c. No neon sign or similar illuminated advertisement shall be of such
color or located in such a fashion as to diminish or detract in any
way from the effectiveness of any traffic signal or similar safety
or warning device.
d. The following advertisements are specifically prohibited: any advertisement
which uses a series of two (2) or more signs placed in a line parallel
to the highway, or in similar fashion, all carrying a single advertisement
message, part of which is contained on each sign.
e. No sign shall have flashing lights or exposed high intensity illumination
or exposed neon tubes or reflective material.
f. No sign may obstruct any window, door, fire escape, stairway or opening
intended to provide light or ingress or egress to or from any building
or structure, with the exception that twenty-five (25%) percent of
any window may be occupied by a sign or signs, provided that the sign
does not unreasonably obstruct light and visibility.
g. No sign may be placed in such a position as to cause a danger to
traffic by obscuring visibility.
h. Exterior signs using moving parts or banners, spinners, flags and
pennants, with the exception of clocks and weather information. Temporary
signs in connection with special events are exempt from this requirement.
i. Signs visible from the street using the word "stop" or "danger" or
any other word, phrase, symbol or character with the intent of simulating
a public safety warning or traffic signal.
j. Roof signs on buildings, structures and vehicles.
k. Signs or advertising matter of an indecent or obscene nature.
l. Except where specifically permitted, signs advertising a product
or service not sold on the premises, signs advertising or directing
attention to another premises and any other signs unrelated to the
premises on which the sign is erected.
m. Signs placed on trees, fences, utility poles or light poles, signs
attached to other signs and signs placed upon motor vehicles which
are continuously or repeatedly parked in a conspicuous location to
serve as a sign, but nothing herein contained is intended to prohibit
the placement of signs directing traffic or identifying various locations
within a lot or parcel on light poles and utility poles erected therein.
n. Signs on vacant property advertising a proposed use without Township
Planning or Zoning Board approval.
[1999 Code § 17.92.070; amended 5-8-2024 by Ord. No. O.2213-2024]
The following signs are prohibited:
a. Signs other than officially authorized signs tacked, pasted, painted
or otherwise attached to poles, posts, trees, fences, sidewalks or
curbs;
b. No sign other than official traffic control devices or street signs
shall be erected within or encroach upon the right-of-way of any street
unless specifically authorized by other ordinances or regulations
of the Township;
c. Rotating or moving signs;
d. Except as provided for in subsection
37-62.12, Off-Premise Signs and Billboard Regulations, freestanding or billboard signs advertising a product or service not sold on the premises, freestanding or billboard signs advertising or directing attention to another premises, and any sign unrelated to the premises on which the sign is erected.
[Ord. No. O.1595-2007§ 3]
The Township of Edison shall hold the following individuals
and/or entities responsible for the posting of a prohibited sign:
1) the actual person who placed or posted the advertisements, signs
or posters; 2) the person or entity whose name, business name, telephone
number or address is contained on the advertisements, signs, or posters
as a contact person; or 3) any individual or entity that may profit
from a response to the commercial advertisement. Each posting of a
prohibited sign(s) represents a separate and distinct offense. The
Zoning Officer is permitted to contact any of the above individuals
or entities and provide twenty-four (24) hour written notice to remove
the prohibited sign(s). If, after the expiration of the twenty-four
(24) hour period the prohibited sign(s), are not removed, the Zoning
Officer is authorized to issue summon(es) to any of the above individuals
or entities for failing to remove said sign(s).
[1999 Code § 17.92.080]
a. Administration. The Building Inspector shall only issue a permit
for the erection or construction of a sign which meets the requirements
of this section and, where applicable, in accordance with site plans.
b. Filing Procedure. Applications for permits to erect or place a sign
shall be submitted on forms obtainable from the Building Inspector.
Each application shall be accompanied by plans showing the area of
the sign; its size and character; the method of illumination if any;
the exact location proposed for such sign; and in the case of an attached
sign, the proposed method of fastening such sign to the building structure,
the vertical distance between such sign and the curb and also between
such sign and the right-of-way; and the color scheme of the sign.
The application must include the name and address of the applicant,
as well as the name, address and written consent of the owner of the
property, and the name and address of the person, firm or corporation
erecting the sign or structure; furthermore the applicant must specify
whether the sign shall be an advertising sign, identification sign
or directional sign.
[1999 Code § 17.92.090]
The following signs are permitted in residential districts:
a. One (1) sign advertising a farm or nursery activity situated not
less than twenty (20) feet from any street or property line, not exceeding
ten (10) square feet in area on any one side and not exceeding ten
(10) feet in height;
b. One (1) sign located on the principal building and identifying any
permitted or conditional use other than a single-family detached dwelling
in a residential zone, not to exceed eight (8) square feet in area
on any one (1) surface and located not less than ten (10) feet from
any lot line and not to exceed five (5) feet in height;
c. One (1) freestanding sign to identify a permitted home-based occupation
or professional home-based office, which does not exceed two (2) square
feet in area nor exceed four (4) feet in height and is not located
less than ten (10) feet from a property line;
d. Religious institutions, hospitals, nursing homes, private schools,
service organizations and public buildings and facilities may have
one (1) freestanding informal sign or bulletin board, not more than
thirty-five (35) square feet in area, not to exceed six (6) feet in
height, on each major street bordering the property, together with
incidental signs, not to exceed four (4), necessary to provide directions
or describe the use, provided that each such sign does not exceed
three (3) square feet in area;
e. For business uses, one (1) sign flat against the building or on a
single freestanding post, such as a lawn sign, is permitted. The sign
shall not exceed three (3) square feet in area, and a freestanding
sign shall not exceed five (5) feet in height. Where more than one
(1) use is conducted on the premises, the area of the sign may be
increased by two (2) square feet for each use up to a maximum of eight
(8) square feet. The information on the sign shall be limited to the
name of the occupant, his or her business or profession and house
number;
f. Farm stands for the sale of farm produce grown on the premises may
have two (2) freestanding signs, each not larger than twelve (12)
square feet in area and not exceeding eight (8) feet in height. In
addition, one (1) sign no larger than twenty (20) square feet in area
may be erected flat against the face of the farm stand or farm building
where the produce or products are sold.
g. Signs are permitted in connection with each housing or land development,
as follows:
1. At the main entrance to the development, two (2) illuminated freestanding
signs which shall state the name of the development and no other advertising
material. Each sign shall not exceed twenty-five (25) square feet
in area and eight (8) feet in height,
2. At each entrance other than the main entrance, one (1) nonilluminated
freestanding sign not exceeding fifteen (15) square feet in area and
not more than eight (8) feet in height,
3. At the rental or sales office of the development, one (1) freestanding
illuminated sign advertising the office, not to exceed fifteen (15)
square feet in area and not more than five (5) feet in height,
4. Real estate signs, the sole purpose of which is to direct the public
to a housing or land development; four (4) temporary freestanding
nonilluminated signs at key intersections. Each sign shall not exceed
fifteen (15) square feet in area and eight (8) feet in height above
ground. The sign permit shall be issued for a period of six (6) months
and shall be renewable for additional periods of six (6) months during
the period of construction.
[1999 Code § 17.92.100]
a. Signs attached to buildings shall be permitted as follows:
1. A sign or signs attached to a main building shall not exceed one
and five-tenths (1.5) square feet in area for each one (1) foot width
of the front building wall or ten (10%) percent of the front wall
area, whichever is greater.
2. No one (1) sign shall exceed one hundred fifty (150) square feet
in area, unless the front wall area exceeds one thousand five hundred
(1,500) square feet. In such case, the sign(s) shall be permitted
to increase in size by one (1) square foot for each two hundred (200)
additional square feet of front wall area, but not to exceed three
hundred (300) square feet of area for any one (1) sign.
3. Such signs shall only advertise business conducted on the premises.
4. Such signs shall not project more than eighteen (18) inches from
the building facade to which it is attached; provided, however, that
where a sign extends more than three (3) inches from the face of the
wall, the bottom edge of the sign shall be not less than eight (8)
feet from the ground nor have a vertical dimension in excess of fifteen
(15) feet.
5. No sign shall be higher than twenty (20) feet from the ground nor
project above the roofline.
6. Such sign may be internally lighted with nonglaring lights or may
be illuminated by shielded floodlights.
b. Freestanding signs shall be permitted as follows:
1. Not more than one (1) such sign shall be permitted per three hundred
(300) feet of street frontage.
2. No one (1) surface of any such sign shall exceed seventy-five (75)
square feet in area or one (1) square foot for each five (5) feet
of street frontage, whichever is lesser.
3. Freestanding signs shall be no higher than twenty (20) feet or the
height of the principal building, whichever is the lesser; the maximum
width of any one (1) side of the sign shall not exceed fifteen (15)
feet; the bottom of the sign shall not be closer than ten (10) feet
to the ground level, unless a planter is used.
4. A freestanding sign shall be set back at a minimum distance of fifteen
(15) feet from the front lot line or a distance equal to its height,
but in no case less than fifteen (15) feet from the front lot line.
All freestanding signs shall be located in the required front yard.
5. Such signs may be internally lighted with nonglaring lights or may
be illuminated by shielded floodlights.
c. Shopping Centers. Freestanding signs in shopping centers shall be
permitted as follows:
1. One (1) freestanding sign per main driveway entrance to identify
the shopping center and the occupants therein, not to exceed two hundred
fifty (250) square feet or one (1) square foot for each five (5) feet
of street frontage, whichever is the lesser. The total area of such
signs shall not exceed five hundred (500) square feet and shall not
be closer to one another than one thousand six hundred (1,600) feet.
2. Such signs shall not exceed twenty-five (25) feet in height and shall
be set back fifteen (15) from the street line, and no such sign shall
encroach upon the required side yard or rear yard setbacks.
d. Awning Signs.
1. All frames are to be manufactured from tubular or structurally shaped
steel or aluminum with finishes or coatings as required to insure
against corrosion.
2. Vinyl fabric coverings are to be fourteen (14) ounces per yard minimum
weight with certification as to tensile strength and flame resistance
to meet industry and NFPA and BOCA codes.
3. Fastenings and/or structural attachments to buildings must be only
to structural members and of sufficient size and strength to meet
BOCA standards.
4. All electrical components and/or lighting equipment is to be labeled
and rated for protected outdoor use and installed by a licensed electrical
contractor.
5. Ceilings are optional and may consist of "egg crate," mesh fabric
or solid plastic material. Removable panels or sections must be provided
to allow access for service and cleaning.
6. All awning signs which project over or above backup walls are to
be covered and weather protected with structural plastic, rustproofed
metal or aluminum.
7. Letter copy on awning signs is to be applied with manufacturer-approved
processes.
8. Awning signs may be attached to buildings or structures with the
following projections and height limitations:
(a)
Minimum clearance shall be eight (8) feet unless projecting
over a vehicular right-of-way, in which case clearance must be fourteen
(14) feet six (6) inches to avoid damage by trucks or other high vehicles.
(b)
If the structure has a fringe or valance, such fringe or valance
may hang below the ceiling line no more than twelve (12) inches.
(c)
Such signs shall be limited to single-story buildings or to
the first level only of multistory buildings.
(d)
Awning signs may be attached to buildings requiring property
setbacks not to exceed property lines. In the case of buildings in
shopping centers or multi-unit developments, such signs may not exceed
control curbs or safety zones unless clearance is adequate to ensure
against damage. In such installations, drainage gutters are not required.
9. Only the copy area of awning signs shall be considered in the square
footage limitations. The remaining portion should be considered as
awning area only.
[1999 Code § 17.92.110; amended 5-8-2024 by Ord. No. O.2213-2024]
a. Attached signs: the same regulations as specified for commercial
districts.
b. Freestanding signs shall be permitted as follows:
1. No freestanding sign shall exceed fifteen (15) feet in height; the
maximum width of any one (1) side of the sign shall not exceed twenty
(20) feet and the total square footage of any such sign shall not
exceed two hundred (200) square feet in area or one (1) square foot
for each five (5) feet of street frontage, whichever is less. The
total area of all signs on the subject property shall not exceed five
hundred (500) square feet in area in the aggregate, and the signs
shall not be closer to one another than one thousand six hundred (1,600)
feet.
2. Such signs shall be set back at least fifteen (15) feet from the
street line and no such sign shall encroach upon the required side
yard or rear yard setback.
[Added 5-8-2024 by Ord.
No. O.2213-2024]
a. Intent and Purpose. It is the intent of these provisions to provide
specific zoning conditions and standards for free-standing off-premise
signs, referred to as "Billboards", within the Township of Edison.
This section aims to balance constitutionally protected free speech
while recognizing the need to safeguard the public good and preserve
the intent and purposes of the Township Zone Plan.
b. Applicability. A sign shall be considered an off-premise sign used
for the purpose of the business of outdoor advertising in the following
circumstances:
1. If the property owner or sign owner receives compensation for the
use of the sign. However, if the payment of compensation for the use
of the sign is a condition of a bona fide and principal use of the
property and the compensation is paid by the entity whose use or activity
is displayed on the sign, the sign shall be considered an on-premise
sign; or
2. If a sign consists principally of brand name or trade name advertising
and the product or service advertised is only incidental to the principal
activity, conducted on the premises where the sign is displayed.
c. Zones Permitted. Billboards shall be permitted in the following locations:
1. L-I (Light Industrial) Zone.
d. Sign Type. All signs must be freestanding signs in nature and may
not be attached to the external wall or otherwise affixed to any part
of any building.
e. Sign Size. Off-premises signs are subject to the following size restrictions
according to the posted speed limit of the road that the off-premises
sign faces.
|
Posted Speed Limit (Miles Per Hour)
|
---|
|
< 36
|
36 — 45
|
45 — 55
|
56 — 65
|
Limited Access
|
---|
Maximum Sign Height (feet)
|
15
|
15
|
15
|
15
|
15
|
Maximum Sign Width (feet)
|
20
|
20
|
20
|
20
|
20
|
Maximum Sign Area (square feet)
|
60
|
100
|
150
|
200
|
300
|
f. Height and Clearance of Sign.
1. Sign Height from Grade. Maximum forty (40) feet from grade.
(a)
Sign height shall be measured as the distance from the highest
portion of the sign (including any sign copy) to the mean finished
grade of the street closest to the sign. In the case of a sign located
greater than one hundred (100) feet from a public street, height shall
be measured to the mean grade at the base of the sign.
2. Sign Clearance from Grade. The lowest edge of an off-premise sign
shall be at least eight (8) feet above the finished grade.
(a)
Sign clearance for freestanding and projecting signs shall be
measured as the smallest vertical distance between the finished grade
and the lowest point of the sign, including any framework or other
structural elements
g. Buffers & Spacing. Off-premises signs and billboards will be
subject to the following guidelines:
1. Right of Way. The set back from any right of way shall be either
the distance equal to the height of the sign or fifteen (15) feet,
whichever is greater. No sign shall be placed further than one hundred
and fifty (150) feet from the nearest right-of-way line of any interstate,
state, county or local road.
2. Setbacks. No signs permitted shall encroach upon the required front
yard, rear yard or side yard setbacks.
3. Property Line. Distance shall be measured to the nearest edge of
the off-premise sign area, including any copy extensions. No billboard
shall be located closer than twenty-five (25) feet from any property
line.
4. Buffers. The following buffers shall apply:
(a)
Proximity to Building, Structure or On-Premise Sign. Located
no closer than fifty (50) feet from any building, structure, or on-premises
sign located on the same property.
(b)
Proximity to Another Off-Premises Sign. Located no closer than
two thousand five hundred (2,500) feet from another off-premises sign
on either side of the road measured linearly.
(c)
Proximity to Intersection/Interchange. Pursuant to N.J.A.C.
16:41C-8.1, no sign shall be located within five hundred (500) feet
from any intersection, interchange, or safety rest area.
(d)
District and Property Buffers. An off-premise sign shall be
no closer than five hundred (500) feet to any of the following uses
or zones;
(1)
Public Park or Playground.
(e)
Not located on sewer rights-of-way, or water, electric, or petroleum
pipelines.
h. Signs Per Lot.
1. Total Number. There shall be no more than one (1) off-premise sign
per lot.
2. Combined Area. The total area of all signs on the subject property
shall not exceed four hundred (400) square feet in area in the aggregate.
i. General Guidelines.
1. Copy Extension. Copy extension beyond the basic billboard sign are
permitted provided they do not exceed four (4) feet above and two
(2) feet on either side of the regular display area. Copy extension
shall be considered part of the overall square footage of a billboard.
2. Stacked Signs. Vertically or horizontally stacked signs shall not
be permitted.
3. Sign Faces. Signs may be double sided. Only one (1) side shall be
considered when determining the sign area, provided that:
(a)
The faces are equal in size,
(b)
The interior angle formed by the faces is less than forty-five
(45) degrees, and
(c)
The two (2) faces are not more than five (5) feet apart.
(d)
Where the faces are not equal in size, the larger sign face
shall be used as the basis for calculating sign area.
(e)
When the interior angle formed by the faces is greater than
forty-five (45) degrees, or the faces are greater than five (5) feet
apart, all sides of such sign shall be considered in calculating the
sign area.
4. Sign Direction & Horizontal Angle:
(a)
Sign Direction. All signs shall be designed so that the display
is visible only from a state highway or interstate highway. Off-premise
signs shall not face local roadways or residential properties.
(b)
Horizontal Angle. A sign having two (2) identical or different
signs back-to-back or a V-shaped sign with a horizontal angle not
greater than 45°.
5. Rear Face of Sign. The rear face of a single-face, off-premises advertising
sign shall be painted and maintained with a single neutral color as
approved by Township of Edison.
j. Prohibited Features.
1. Content. Off-premises signs shall not display any message or graphic
of an obscene or pornographic nature as determined by Township of
Edison.
2. Sign/Advertisement Per Face. Any sign classified in this subsection
shall be limited to one (1) sign or advertisement per face.
3. Electronic Changeable Copy or Imagery. No billboard or portion thereof
shall have any electronic, digital, or other animated characteristics
resulting in an automatically changing depiction.
4. Electronic Imagery. No sign shall give the illusion of movement,
display video or other changing imagery, automatically change, or
be animated, flashing, scrolling or blinking.
5. The message and/or graphic content displayed on the billboard shall
not be changed more than once per day.
6. Message Sequencing. Message sequencing is prohibited.
7. Moving Vehicles. Off-premise advertising signs shall not be permitted
on moving vehicles.
8. Interactive. Interactive signs shall not be permitted. Electronic
or animated signs that react to the behavior or electronic signals
of motor vehicle drivers are prohibited.
9. Additional Restrictions. No off-premise sign or portion thereof shall
rotate, move, produce noise or smoke, steam, visible vapors or particles.
k. Construction and Maintenance.
1. Certification by Engineer. All plans for off-premises signs shall
be certified by a licensed engineer registered in New Jersey.
2. Construction. All off-premises advertising signs shall be structurally
sound and maintained in good condition and in compliance with the
New Jersey Uniform Construction Code.
3. Annual Inspection. On a three (3) year basis, the owner of the billboard
shall have a structural inspection made of the billboard by a licensed
engineer registered in New Jersey and shall provide to the Township
of Edison a certificate certifying that the billboard is structurally
sound.
l. Identification of Sign Owner. All off-premises signs shall be identified
on the structure with the name, address, and phone number of the owner
of such sign.
m. Landscaping.
1. Landscaping shall be provided at the base of all off-premises signs.
Trees and shrubbery, including evergreen and flowering trees, of sufficient
size and quantity, to the satisfaction of the applicable board and
that board's professionals.
2. Trees. Replacements shall be made in accordance with the Township
of Edison tree replacement guidelines.
n. Application/Plan Requirements. Plans submitted for off-premises advertising
signs shall show the following:
1. Any and all information as stated in subsection
37-62.8, Administration and Filing Procedure.
2. A light study must be conducted and submitted in addition to the required information under subsection
37-62.8.
3. The location and species of existing trees.
4. The distances to the nearest right-of-way, property line, building,
structure, on-premises sign, off-premises sign, intersection, interchange,
residential district, or institutional use, sewer rights-of-way, and
water, electric or petroleum pipelines.
5. Site plan containing all of the applicable requirements set forth
in the Township of Edison zoning code, as amended.
6. Certification under the seal by a licensed engineer that the off-premises
sign, as proposed, is designed in accordance with all federal, state,
and local laws, codes, and professional standards.
o. Illumination and Changeable Copy of Off-premises Signs.
1. Off-premises signs may incorporate manual changeable copy signs.
2. The following illumination types shall be permitted subject to any
other lighting guidelines established in the zoning code:
(a)
External illumination.
(1)
External illumination lighting must be provided by a steady,
stationary light source that is shielded and directed solely at the
sign. The light source must be static in color.
(b)
Internal illumination.
(1)
Internal illumination lighting must be provided by non-glaring
lights or may be illuminated by shielded floodlights.
(c)
No sign shall be illuminated by means of intermittent, flashing
or blinking lights.
(d)
External Light Sources.
(1)
All light sources shall be designed, shielded, arranged, and
installed to confine or direct all illumination to the surface of
the off-premises sign and away from adjoining properties.
(2)
Light sources shall not be visible from any street or adjoining
properties.
(3)
Light sources shall be shielded from view of all vehicular traffic
and shall be arranged so that there exists no glare to any vehicular
traffic.
(4)
Light sources shall only be permitted to be arranged on the
base margin of any billboard display area.
(e)
Digital.
(1)
Digital Display Cone Angle. The maximum cone angle allowed for
digital displays shall be thirty (30) degrees, measured from the centerline
of the structure.
(f)
Brightness Guidelines. Sign brightness shall not exceed two-tenths
(0.2) foot candles over ambient light.
(1)
During daylight hours between sunrise and sunset, luminance
shall be no greater than five thousand (5,000) nits.
(2)
At all other times, luminance shall be no greater than two hundred
fifty (250) nits.
(3)
Each sign must have a light sensing device that will automatically
adjust the brightness of the display as the natural ambient light
conditions change, to comply with the limits set here within. Brightness
adjustments must be in effect from 30 minutes after sunset to thirty
(30) minutes before sunrise.
(g)
Time Guidelines. Off-premises message boards and signs located
on a lot within five hundred (500) feet of a residential zone district,
and visible from such residential zone district, shall not be illuminated
between the hours of 11:00 p.m. and 7:00 a.m. unless the use to which
the sign pertains is open for business during those hours or at the
request of the Township in the event of emergency announcement communication
needs.
(h)
Safety. In applying for special exception relief, the applicant
bears the burden of proof to establish that the proposed off-premises
sign will not create a public health or safety hazard in the location
that it is proposed and in the manner by which it is to be operated.
(i)
In addition to all of the above conditions, all billboards shall
meet all of the requirements as set forth pursuant to the following
additional guidelines. In the event any other applicable regulation
is in conflict with the provisions of this section, the more strict
regulation shall apply:
(1)
N.J.A.C. Title 16, Chapter 41C, Subchapter 1.1 through 11.3,
as may be amended from time to time;
(2)
N.J.S.A. Title 27, Section
5-5 et seq., as may be amended from time to time;
(3)
Any other Township of Edison zoning regulations, county, state
and/or federal laws and applicable regulations related to the construction
of structures and/or billboards.
(j)
All billboards shall be required to have the capability to override
the displayed message in order to permit the posting of emergency
messages by the Township. The owners of the billboard shall in no
way be held liable for any injury suffered by the Township or any
other person during an emergency if for any reason the Township is
unable to make full use of the billboard as contemplated herein. Changing
of the displayed message in this manner shall not violate any other
section of this chapter.
[1999 Code § 17.96.010; Ord. No.
O.1485-2006; Ord. No. O.1629-2008§§ 1—4; amended 12-22-2021 by Ord. No. O.2130-2021]
[1999 Code § 17.100.010]
Within the districts established by this chapter or amendments
thereto, there exist lots, structures and uses of land and structures
which were lawful before adoption of this chapter but which are prohibited,
regulated or restricted under the terms of this chapter or amendment.
It is the intent of this chapter to permit any nonconformities to
continue until they are removed, but not to encourage their survival.
Such uses are declared by this chapter to be incompatible with permitted
uses in the districts involved. It is further the intent of this chapter
that nonconformities shall not be enlarged, expanded or extended nor
be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
[1999 Code § 17.100.020]
If two (2) or more lots or combinations or portions of lots
with continuous frontage are in single ownership regardless of separate
deeds of record, and if all or part of the lots do not meet the requirements
for lot width and area as established by this chapter, the land involved
shall be considered to be an undivided parcel for the purposes of
this chapter, and no portion of the parcel shall be used which does
not meet lot width and area requirements established by this chapter,
nor shall there be any division of the parcel.
[1999 Code § 17.100.030; Ord. No.
O.1952-2016]
a. Where a lawful use of land exists that is no longer permissible under
the terms of this chapter, the same use may be continued.
b. No such nonconforming use shall be enlarged, increased, intensified,
extended to occupy a greater area of structure or land or moved in
whole or in part to a different portion of the lot or structures thereon,
provided that:
1. Repair and maintenance of any buildings wherein there exists a nonconforming
use will be permitted, provided that such maintenance and repair does
not in any way constitute or result in a further expansion or intensification
of a nonconforming use.
2. Minor alterations and improvements which do not constitute or require
structural changes may be made in or to a building wherein a nonconforming
use exists, provided that such nonconforming use will not be increased,
extended or enlarged thereby.
3. Nothing herein shall prevent the strengthening or restoration to
a safe and lawful condition of any part of any building which is nonconforming.
c. A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use.
[1999 Code § 17.100.040]
a. Structures and their uses that are nonconforming may be continued
as long as they otherwise remain lawful but shall not be enlarged,
expanded or altered except to become more in conformity with this
chapter. Any replacement of a nonconforming structure destroyed to
an extent greater than fifty (50%) percent of its assessed valuation
shall not be reconstructed except in conformity with this chapter.
Changes from one (1) nonconforming use to another are prohibited.
b. A nonconforming structure, provided that the use of same is permitted
in the district, may be enlarged, provided that the enlargement complies
with all development regulations of the district.
[1999 Code § 17-100.050; Ord. No.
O.1952-2016]
a. Any existing lot in a residential zone on which a residential building
or structure is located and which lot does not meet the minimum lot
size or structure violates any yard requirements may have additions
to the principal building and/or construction of an accessory building
without any appeal for variance relief, provided:
1. The number of dwelling units shall not be increased even if such
increased number of dwelling units are allowed in the zone, unless
approved by the Board of Adjustment.
2. Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming, but any improvement
may maintain the same nonconforming setbacks.
3. All existing and proposed improvements on the nonconforming improved
lot shall not exceed the allowable limits for maximum building coverage
or maximum lot coverage set forth in Schedule A for the applicable
zone.
b. The Zoning Official is hereby authorized and empowered to issue any
necessary permits in accordance with the provisions of this section.
[1999 Code § 17.100.050; Ord. No.
O.1952-2016]
When a nonconforming use is discontinued for six (6) consecutive
months or for eighteen (18) months during any three (3) year period,
the structure and premises in combination shall be presumed to have
been abandoned and shall not thereafter be used except in conformance
with the regulations of the district in which they are located.
[1999 Code § 17.104.010; Ord. O.1595-2007 § 4]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer of the Township. In no case shall a permit be
granted for the construction or alteration of any building where the
proposed construction, alteration or use thereof would be in violation
of any provision of this chapter. It shall be the duty of the Zoning
Officer or his or her duly authorized assistants to inspect any building
or premises which may be in violation of this chapter and to order,
in writing, the remedying of any conditions found to exist in violation
of any provision of this chapter unless the violation represents an
immediate and/or irreparable danger to the Township, its residents
or business establishments, in which case the zoning officer may issue
an immediate summons.
[1999 Code § 17.104.020]
a. It shall be the duty of the Zoning Officer to keep a record of all
permits issued and a record of all certificates of occupancy which
he or she countersigns, together with a notation of all special conditions
involved. He or she shall file and safely keep copies of all plans
submitted, and the same shall form a part of the records of his or
her office.
b. The Zoning Officer shall prepare a monthly report for the Township
Council summarizing, for a period since his or her last previous report,
all zoning permits issued and certificates countersigned by him or
her and all complaints of violations and the action taken by him or
her consequently thereon.
[1999 Code § 17.104.030]
A zoning permit shall be issued by the Zoning Officer before
the issuance of any building permit by any Construction Code Official.
[1999 Code § 17.104.040; Ord. No.
O.1547-2007§ 3; amended 9-14-2022 by Ord. No. O.2154-2022]
a. Zoning permit fees shall be as follows:
1. Minor residential alterations which do not result in any zoning bulk
violation and which do not alter the footprint of the existing principal
building; permitted residential accessory uses (such as, but not limited
to porches, pools, fences, decks, shed, garages, carports, etc.):
one hundred ($100) dollars.
2. Residential alterations which change, enlarge or alter the existing
building footprint: one hundred ($100) dollars.
3. Construction of a new single-family residential dwelling: five hundred
($500) dollars.
4. Construction of each new structure in a new residential multifamily
development: two thousand ($2,000) dollars.
5. Minor alterations to multifamily and/or nonresidential structures
which do not result in any zoning bulk violations and which do not
alter the footprint of the buildings; permitted multifamily and/or
nonresidential accessory uses (such as but not limited to fences,
sheds, etc.): one thousand ($1,000) dollars.
6. Alterations to multifamily and/or nonresidential structures which
change, enlarge or alter the existing building footprint: one thousand
($1,000) dollars.
7. Construction of each new nonresidential structure: two thousand ($2,000)
dollars.
8. Certificate of nonconformity: one hundred ($100) dollars.
b. Any modification of construction permits caused by changes to construction
plans or construction field changes which necessitate reevaluation
of the project by the Zoning Official shall require a zoning permit
resubmission fee equal to fifty (50%) percent of the initial zoning
permit fee.
c. Exceptions.
1. A reduction of fifty (50%) percent of all municipal zoning permit
fees shall be granted for all low/moderate housing units being provided
by an applicant for low- and moderate-income families consistent with
the criteria established by the New Jersey Council on Affordable Housing.
2. The following applicants shall submit fifty (50%) percent of the
required zoning permit fees. Any organization qualifying for paragraph
(b) below must hold a tax exempt status under the Federal Internal
Revenue Code of 1954 (26 U.S.C., Section 501(c) or (d)):
(a)
Public organizations and/or agencies;
(b)
Charitable and/or philanthropic organizations;
(c)
Fraternal and/or religious nonprofit organizations.
d. Zoning
Permit Application Fees.
[Added 4-13-2022 by Ord. No. O.2140-2022]
Residential Zoning Permit Application Fees
|
---|
Type of Permit
|
Fee
|
Solar
|
$25
|
Zoning Verification Letter
|
$100
|
Shed
|
$100
|
Porches
|
$100
|
Generator
|
$100
|
Fences
|
$100
|
Garages
|
$100
|
Finished Basement
|
$100
|
Hot Tubs/Pool Spa
|
$100
|
Above-Ground Pool
|
$100
|
In-Ground Pool
|
$100
|
Patio/New Driveway
|
$100
|
Decks
|
$100
|
Residential Additions
|
$100
|
Add-A-Level
|
$100
|
New Home*
|
$500
|
Commercial Zoning Permit Application Fees
|
---|
Type of Permit
|
Fee
|
Roof Top Solar
|
$25
|
Signs
|
$100/Sign
|
Commercial Alterations (Façade, Tenant Fit Outs, etc.)
|
$300
|
Commercial Accessory Structures (sheds/storage etc.)
|
$300
|
Commercial Fence
|
$300
|
Construction Trailer
|
$500
|
Addition
|
$1,000
|
New Building
|
$2,000
|
[1999 Code § 17.104.050; Ord. No.
O.1595-2007§ 4]
a. Any owner or agent and any person or corporation who shall violate
any of the provisions of this chapter or fail to comply therewith
or with any of the requirements thereof, or who shall erect, structurally
alter, enlarge, rebuild or move any building or buildings or any structure,
or who shall put into use any lot or land in violation of any detailed
statement or plan submitted and approved hereunder shall be guilty
of a violation. Each and every day such violation continues shall
be deemed a separate and distinct violation.
b. The owner of any building or structure, lot or land or part thereof
where anything in violation of this chapter shall be placed and any
architect, builder, contractor, agent, person or corporation employed
in connection therewith and who may have assisted in the commission
of any such violation shall be guilty of a separate violation.
c. Pursuant to N.J.S.A. 40:49-5, such person or persons who violate
paragraph a. or b. above are liable, upon conviction, to the following:
1. Imprisonment in the County jail or in any place provided by the municipality
for the detention of prisoners for any term not exceeding ninety (90)
days;
2.
(a) The Municipal Court Judge may impose a fine not to exceed one thousand
two hundred fifty ($1,250.00) dollars per sign.
(b)
In the event the Municipal Court Judge chooses to impose a fine
greater than one thousand two hundred fifty ($1,250.00) dollars for
each sign, the violator shall be provided a thirty (30) day period
to cure or abate the condition and shall be afforded an opportunity
for a hearing before a Municipal Court Judge for an independent determination
about said violation. Subsequent to the expiration of the thirty (30)
day period, a fine greater than one thousand two hundred fifty ($1,250.00)
dollars may be imposed for each sign if the Court has not determined
otherwise or upon reinspection of the property, it is determined that
the abatement has not been substantially completed.
3. A period of community service not exceeding ninety (90) days.
d. Any person who is convicted of violating an ordinance within one
(1) year of the date of a previous violation of the same ordinance
and who was fined for the previous violation shall be sentenced to
an additional fine as a repeat offender. The additional fine imposed
by the Court upon a person for a repeated offense shall not be less
than a minimum fine of one hundred ($100.00) dollars or exceed the
maximum fine fixed for a violation of the ordinance but shall be calculated
separately from the fine imposed for violation of the ordinance.
e. Any person convicted of the violation of any ordinance may, in the
discretion of the Court by which he or she was convicted and in default
of the payment of any fine imposed therefor, be imprisoned in the
County jail or place of detention provided by this municipality for
any term not exceeding ninety (90) days or be required to perform
community service for a period not exceeding ninety (90) days.