[Amended 11-3-1980; 2-4-1985]
Any restrictions or requirements with respect
to buildings or land which appear in other ordinances of the Township
of North Brunswick or are established by law and which are greater
than those set forth herein shall take precedence over the provisions
of this chapter.
No building shall hereafter be erected and no
existing building shall be moved, structurally altered, added to,
enlarged or rebuilt, nor shall any land be designed, used or intended
to be used for any purpose other than those included among the uses
listed as permitted uses in each zone, nor shall any open space contiguous
to any building be encroached upon or reduced in any manner, except
in conformity with the yard, lot area, building location, percentage
of lot coverage, off-street parking space and such other regulations
designated in this chapter for the zone in which such building or
space is located. In the event of any such unlawful encroachment or
reduction, such building shall be deemed to be in violation of the
provisions of this chapter, and no certificate of occupancy shall
be issued therefor.
Except as hereafter exempted, no building permit shall be issued for any building or use or for the enlargement of any building or use unless a site plan is first submitted and approved in accordance with the provisions of Article XXVIII of this chapter, and no certificate of occupancy shall be given unless all construction conforms to the approved plan; except that site plan approval shall not be required for single-family and two-family dwellings or accessory uses incidental to one- and two-family dwellings.
No yard or other open space provided around
any building for the purpose of complying with the provisions of this
chapter shall be considered as providing a yard or open space for
any other buildings, and no yard or other open space on one lot shall
be considered as providing a yard or open space for a building on
any other lot.
No off-street parking area, loading or unloading
area provided to meet the minimum off-street parking, loading or unloading
requirements for one use or structure shall be considered as providing
off-street parking, loading or unloading area for a use or structure
on any other lot, unless specifically permitted elsewhere in this
chapter.
Installation of underground tanks shall be governed
by the provisions of the Township of North Brunswick Fire Prevention
Code and Life Safety Code.[1]
[Amended 8-1-1994]
No railroad track or portion thereof shall be
installed, erected, constructed, laid or moved within the limits of
North Brunswick until the plans shall first have been submitted to
the Planning Board or the Board of Adjustment and the Bureau of Rail
in the Department of Transportation and approved by the Board after
public notice and a public hearing, which public notice and public
hearing shall be in conformity with the usual notices and public hearings
prescribed for all matters to be heard by the Board as specifically
set forth in this chapter.
[Amended 4-4-2005 by Ord. No. 05-7]
A.
No tree over three inches in diameter measured three
feet above ground within 100 feet of any stream shall be removed,
nor shall any area 15 feet square within 100 feet of any such stream
be cleared of all smaller trees, except as follows:
(1)
Pursuant to a site plan approved by the Township of
North Brunswick.
(2)
Any tree growing in a public or private right-of-way.
(3)
Pursuant to the provisions of § 243-31A(15), Stream maintenance.
B.
Removal of diseased and dead trees may not be prohibited,
except that girding or poisoning of trees in order to avoid compliance
with approved plans shall constitute a violation.
No persons, firm or corporation shall strip,
excavate or otherwise remove topsoil for sale or for use except in
connection with the construction or alteration of a building on such
premises and excavating or grading incident thereto. No fill or soil
shall be removed from the site without prior written approval of the
Township Engineer and Construction Official.
Existing natural features such as trees, brooks,
drainage channels and views shall be retained. Whenever such features
interfere with the proposed use of such property, a retention of the
maximum amount of such features consistent with the use of the property
shall be required.
Solid wastes, if stored outdoors, shall be placed
in metal or plastic receptacles with tight-fitting covers. Such receptacles
shall not be stored or placed within any front yard area prior to
the time at which solid wastes are permitted to be placed at the curblines
for collection. Such receptacles may be stored in either the rear
or side yard area. They shall be completely screened from view of
adjoining property and street areas with planting or fencing.
The dumping of refuse, waste materials or other
substances is prohibited in all districts within the Township, with
the exception of designated landfill sites. Only organic matter may
be used for the purpose to fill in order to establish grades.
No persons shall store materials of any kind
on the premises in any district except for the construction of a structure
to be erected on the premises, unless specifically permitted elsewhere
in this chapter.
The architecture of all buildings shall be compatible
with structures on adjacent lands and in the neighborhood.
In any district on any corner lot within the
triangular area determined as provided in this section, no wall, fence,
sign or other structure shall be erected to a height in excess of
three feet above curb level, and no vehicle, object or other obstruction
of a height in excess of three feet shall be parked or placed, and
no hedge, shrub or other growth shall be maintained at a height in
excess of three feet, except that trees whose branches are trimmed
away to height of at least 10 feet above curb level shall be permitted.
Such triangular area shall be formed by the two intersecting street
center lines and by a diagonal line connecting points on these street
center lines which are 25 feet from the intersection of the street
center lines for local roads and 75 feet for all other roads.
For the purpose of calculating the average setback
of a building, overhanging eaves and cornices shall always be excluded,
but porticos and open and closed porches shall be included as part
of the building, but steps on the side of the building shall always
be included as part of the building. Chimneys shall also be excluded
from setback requirements, provided that they are not closer than
five feet to any property line.
[Amended 8-1-1994]
A.
No permit for the erection of any building or structure
shall be issued unless the lot abuts a street giving access to such
proposed building or structure. Such street shall be
B.
Before any such permit shall be issued, such street
shall have been certified to be suitably improved to the satisfaction
of the Township Council or such suitable improvement shall have been
assured by means of a performance guarantee, in accordance with standards
and specifications for road improvements approved by the governing
body, as adequate in respect to the public health, safety and general
welfare of the special circumstance of the particular street.
Where a building lot has frontage on a street
which the Master Plan or the Official Map of the Township indicates
is proposed for right-of-way widening, the required front yard area
shall be measured from such proposed right-of-way line.
In residential zones where structures have already
been erected, the average setback line observed by dwellings on the
same side of the street within 200 feet on each side of any vacant
lot shall determine the setback of all structures on such lot.
All yards facing on a public street shall be
considered front yards and shall conform to the minimum front yard
requirements for the zone for both intersecting streets, for both
principal and accessory buildings.
Unless elsewhere specified in this chapter,
accessory buildings shall conform to the following regulations as
to their locations on the lot:
A.
An accessory building attached to a principal building
shall comply in all respects with yard requirements of this chapter
for the principal buildings.
B.
Detached accessory buildings, yard utility buildings
and storage buildings are permitted in the rear yard only.
C.
No accessory building shall be closer than five feet
to a rear or side property line.
D.
On through lots, 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
said yard abuts.
[Added 6-7-1993; amended 9-3-2019 by Ord. No. 19-24]
The following size limitations shall apply to all detached accessory
structures in residential zones and properties developed for residential
use:
[Added 7-7-2008 by Ord. No. 08-15]
A.
Definitions. Portable storage units (hereinafter referred
to as "PSU(s)") are units loaded with materials and placed on a property
authorized for residential use for the purpose of storing materials
including any container, storage unit, shed-like container or other
portable structure that can be or is used for the storage of personal
property of any kind and which is located for such purposes outside
an enclosed building other than an accessory building or shed complying
with all building codes and land use requirements.
B.
Permitted temporary uses. PSUs may be utilized as
a temporary structure within the Township when in compliance with
the standards of this subsection. It shall be the obligation of the
owner and/or user of such temporary structure to secure it in a manner
that does not endanger the safety of persons or property in the vicinity
of the temporary structure. Any use of such structures within the
Township not in compliance with this subsection shall be unlawful.
C.
Permit required; application; fee. Before a PSU is
placed on any property, the owner, tenant or contractor working on
the subject property must submit an application for a zoning permit
approving such placement from the Department of Community Development.
If the permit application is made by a tenant or contractor, written
permission of the owner of the subject property for the placement
of such PSU on the subject property must be provided to the Department
of Community Development before a permit is issued. Permits shall
be issued for a time period of 60 days for a fee of $30.
D.
Number of PSUs. Only one PSU may be placed at any
residential property at one time.
E.
Size of PSUs. PSUs may not exceed eight feet six inches
in height, 10 feet in width or 20 feet in length.
F.
Duration.
(1)
PSUs may be located as a temporary structure
on property within the Township for a period not exceeding 60 days
in duration from time of delivery to time of removal. Such temporary
structure may not be located on the same specific property more than
two times in any given one-year period.
(2)
In the event of high winds or other weather
conditions in which such structure may become a physical danger to
persons or property, the Zoning Officer or a Code Enforcement Officer
may require the immediate removal of such temporary structure.
(3)
In the event of fire, hurricane or natural disaster
causing substantial damage to a structure, the property owner may
apply to the Township for permission to extend the time that a PSU
may be located as a temporary structure on the property. Application
for such extended duration shall be made in writing and filed with
the Department of Community Development and shall give sufficient
information to determine whether such extended duration should be
granted. The Zoning Officer shall determine whether or not to grant
such extended duration and the length of such extension. In the event
of an adverse decision by the Zoning Officer, the applicant may appeal
such decision to the Township Council. In the event of such appeal,
the decision of the Township Council shall be final.
G.
Location. PSUs are prohibited from being placed in
streets, public rights-of-way, or on unimproved surfaces in the front
yard of a property and may only be placed upon driveways, side and
rear yards, if such locations meet the requirements of this section.
All such locations must be paved, off-street surfaces at the furthest
accessible point from the street, and all must comply with the side
yard accessory structure setback requirements for any accessory structures
in the zone in which such PSU is located. If the property does not
have a driveway, or cannot meet the standards described herein, the
Zoning Officer may, as part of the permit approval process, approve
the placement of a PSU in the front yard. If such PSU is to be permitted
to be located in the front yard, the PSU must be kept at the furthest
accessible point from the street and the surrounding area must be
maintained in a weed-free condition. Wherever PSUs may be placed,
they shall be subject to all property maintenance standards applicable
to accessory structures. No PSU shall be allowed to remain outside
in a state of disassembly or disrepair.
H.
Violations and penalties. Any PSU placed in violation
of this section or which is not removed at the end of the time for
which it may lawfully remain in place, or immediately upon the direction
of the Zoning Officer or a law enforcement officer for removal of
such temporary structure for safety reasons, shall be punishable,
upon conviction thereof, by a fine not to exceed $1,250 or by imprisonment
for a term not to exceed 90 days, or both, for each violation committed
hereunder. Notwithstanding anything to the contrary contained herein,
a violation of any portion of this section may be punishable by a
fine exceeding $1,250, but not more than $2,000, provided that the
owner of the subject property be afforded a thirty-day period to cure
or abate such violation and shall also be afforded an opportunity
for a hearing before the Municipal Court for an independent determination
concerning said violation. Subsequent to the expiration of the thirty-day
cure period, a fine greater than $1,250, but not more than $2,000
may be imposed if the Municipal Court has not determined otherwise,
or, upon reinspection of the subject property it is determined that
the abatement of the violation has not been completed. Every day that
a violation continues after service of written notice by certified
and/or regular mail on the owner of the subject property as shown
in the latest tax duplicate shall be deemed a separate offense. The
court may also order the removal of the violation by the Township,
and the cost of such removal, together with the cost of administration
of its removal, may be assessed against the property on which the
temporary structure or PSU was located and may be filed as a lien
against such property by the Township Clerk. Such lien shall be superior
in dignity to all other liens or encumbrances upon the property, including
the lien of a mortgage, and shall be equal in dignity to the lien
of ad valorem taxes.
The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations which require a structure above the grade shall require a conditional use approval subject to the provisions of Article XXIX of this chapter.
All utility lines and accessory appurtenances,
including but not limited to electric distribution, communications,
streetlighting and cable television, shall be installed underground
within easements or dedicated public rights-of-way. The developer
shall arrange with the serving utility for the underground installation
of the utility's distribution lines and service connections in accordance
with the provisions of the applicable standard terms and conditions
of its tariff as the same are then on file with the State of New Jersey
Board of Public Utility Commissioners and shall submit to the Planning
Board, prior to granting of approval, a written instrument from each
serving utility, which shall evidence full compliance with the provisions
of this section; provided, however, that lots which abut existing
easements or public rights-of-way where overhead utility lines have
theretofore been installed may be supplied with service from such
overhead lines where no new utility poles are required, and the new
service connection from the utility's overhead lines shall be installed
underground.
[Amended 8-1-1994]
All single-family houses on adjoining lots and
directly across the street are to be definitely different in external
architectural appearance. Right or left versions of substantially
the same architectural designs shall not be considered different.
Each floor plan shall have adopted to it a variety of elevations (particularly
the front) so that in architectural appearance the houses shall not
look alike. Houses built to these plans shall be so distributed in
the subdivision that two neighboring houses on each side of any house
and the house across the street shall present a definitely different
appearance, but need not differ in floor plan. There shall be not
fewer than two floor plans differing considerably in arrangements
of rooms and in foundation outline. The application for any building
permits for the construction of any buildings shall show the architectural
plans and shall be reviewed for approval to meet these requirements.
The raising of vegetables and fruits for personal
use, but not for sale, shall be permitted on any lot in any zone,
provided that no such vegetables or fruits may be grown in the required
front yard area, with the exception of the fruit-bearing trees.
[Added 5-7-2018 by Ord.
No. 18-05[1]]
A.
Minimum residential lot size. A minimum residential lot size of 50
feet by 100 feet is required to keep chickens pursuant to this section.
B.
Number of allowable chickens. No more than eight female chickens
(pullets and hens) may be kept on any residential lot.
C.
Roosters and cockerels are prohibited.
D.
Slaughtering. The slaughtering of chickens in public view is prohibited.
E.
Required shelters.
(1)
Chickens shall be provided a fully enclosed shelter with a fenced
enclosure. Shelters and enclosures shall be located in the rear yard
or, if on a corner property, in a side yard fronting a public street
only when the yard is fully enclosed by a privacy fence.
(2)
Shelters and enclosures shall be located not less than 10 feet from
neighboring property lines and 30 feet from any residential structure
on an adjoining property.
(3)
Shelters shall not exceed 60 square feet in size or six feet in height.
(4)
Fences shall not exceed six feet in height and shall be constructed
so that the shelter cannot be seen by the public.
(5)
Shelters and enclosures shall be maintained and kept clean at all
times.
F.
Feed storage. Animal feed stored outdoors shall be kept in a metal
container or other approved containers with tight-fitting lids.
G.
Waste storage. Storage of manure or other waste, or odor- or dust-producing
substances associated with keeping chickens shall comply with all
state and local health guidelines and be disposed of properly off
site.
H.
No running at large. No person owning, keeping or maintaining chickens
shall permit or allow chickens to run at large upon any public or
private roadways or upon any public or private property.
I.
No disturbing of peace. No person owning, keeping or maintaining
chickens shall permit or allow chickens to disturb the peace or harmony
of the neighborhood by creating a noise nuisance across a residential
property line for 10 minutes or intermittently for 30 minutes, unless
provoked.
J.
Permit required. A zoning permit from the Department of Community
Development shall be required to permit the keeping of chickens.
K.
Restrictions. Any homeowner seeking to keep chickens on their property
shall be responsible and required to review their respective property
deeds for any deed restrictions against such use, or where the rules
and regulations of any homeowners' association may apply, to
determine whether or not the keeping of chickens would be contractually
prohibited on their real property. Nothing within this section shall
override any such restrictions.
M.
Disease. If a majority of the chickens maintained on the property
perish due to disease or suspected disease, the property owner and/or
the person owning, keeping or maintaining the chickens shall immediately
notify the Health Official.
N.
Enforcement. It shall be the duty of the Zoning Officer, or his designated
representative, and the Health Official to inspect and require correction
of any conditions found to exist in violation of this chapter, and
he shall have the right of inspection to enter any premises or associated
enclosure during the daytime in the course of his duties.
O.
Violations and penalties. Any person or entity who shall violate any of the provisions of this section or any order promulgated hereunder shall, after a summons is issued under the terms hereof, be punished under the terms established in Chapter 243, Property Maintenance, § 243-33, Violations and penalties.
[Added 9-4-2018 by Ord.
No. 18-10]
A.
Electric vehicle charging equipment (EVCE) and electric vehicle charging
stations (EVCS) shall be considered permitted accessory uses in all
zoning districts. Electric vehicle charging equipment and electric
vehicle charging stations shall be permitted accessory uses in all
zoning districts of the Township of North Brunswick, subject to the
limitation that an electric vehicle charging station located on the
property of a one- to four-family home shall not be made available
for use of the general public.
B.
EVCE shall be permitted in a front yard area, subject to meeting
all other setback requirements.
C.
Each EVCS space shall count as two required parking spaces for purposes
of zoning compliance.
D.
Each EVCS shall provide unobstructed access to the EVCE and shall
contain signage indicating that vehicles parked in the EVCS space
shall be connected to the EVCE.
E.
One of the first two EVCS shall be an accessible space designed to
meet the requirements for accessible parking spaces, but shall not
be restricted to handicapped drivers.
[1]
Editor's Note: Former § 205-32,
Display of goods restricted, was repealed 11-21-2005 by Ord. No. 05-35.
[Added 9-4-2018 by Ord.
No. 18-10]
The following requirements to provide electric vehicle charging
stations shall apply to all new site plans and all site plans coming
before either the Planning Board or the Board of Adjustment for substantial
modifications to a previously approved preliminary or final site plan
approval. A revised site plan shall be considered a substantial modification
if there is any significant alteration in the layout of the buildings,
public or private roadways, parking aisles or parking lots from what
was previously approved by the applicable board.
A.
All single-family homes and condominium units that are assigned a
specific garage for the parking of their motor vehicle shall provide
a 240-volt electric outlet in the garage in order to accommodate Level
2 electric vehicle charging equipment.
B.
The use groups specified below shall provide either Level 2 EVCE
with a minimum output rate of 7.2 kilowatts per hour or DC fast charging
stations in the common parking areas in an amount equal to 3% of the
required number of parking spaces, subject to a minimum of two EVCS
per location. In addition, appropriately sized electrical conduit
shall be installed to additional spaces in order to allow for future
expansion of the number of EVCS to 7% of the required number of parking
spaces. These additional EVCS shall be installed within six months
of notification by the Township that the number of plug-in electric
vehicles sold in the state annually exceeds 100,000 vehicles based
upon figures provided by the New Jersey Department of Environmental
Protection Bureau of Mobile Sources.
(1)
All apartment complexes, townhouse complexes, condominium complexes
and cooperative complexes in excess of 20 residential units that do
not provide individual garages for parking of vehicles.
(2)
All office developments and warehouse developments in excess of 20,000
square feet.
(3)
All hotels and motels in excess of 50 rooms.
(4)
All large retail establishments referred to as "big box stores,"
grocery stores, and other retail establishments in excess of 10,000
square feet, as well as all gymnasiums and health clubs in excess
of 10,000 square feet.
(5)
All restaurants not classified as a "drive-in restaurant" in excess
of 2,000 square feet.
(6)
All movie theatres, roller skating rinks, commercial recreation establishments,
mechanical amusement game rooms and other places of assembly.
C.
The use groups specified below shall provide two EVCS in the common
parking area, consisting of either DC fast charging stations or Level
2 EVCS with a minimum output rate of 15 kilowatts per hour.
Height limitations of this chapter shall not
apply to chimneys, church spires, gables, parapet cupolas, standpipes,
flagpoles, monuments, transmission towers, radio and television antennas,
cables, water tanks and conditioners and similar structures and necessary
mechanical appurtenances for the zone in which the building is located,
provided that no such exception shall cover at any level more than
10% of the area of the roof or ground on which its is located.
Public and quasi-public buildings, schools,
churches and other similar permitted uses shall increase the front,
rear and side yards one foot for each foot by which the building exceeds
the height limit herein established for such zone in which it is located,
but in no case shall any building have a height exceeding 40 feet.
Freestanding aerials or antennas shall be located
or placed in the rear yard and shall be not more than 15 feet higher
than the highest building within a radius of 200 feet, and if the
aerial or antenna is more than 20 feet in height, it shall be built
to withstand winds up to 100 miles per hour.
An aerial or antenna attached to or on a building
shall extend not more than 15 feet above the highest building within
a radius of 200 feet, and if it extends more than 20 feet above the
point of attachment, the aerial or antenna shall be constructed so
that it will be able to withstand winds up to 100 miles per hour.
Freestanding flagpoles may be erected or placed
in any yard, and if the pole is more than 20 feet in height, it shall
be so built as to be able to withstand winds up to 100 miles per hour.
In a case of irregularly shaped lots, the minimum
lot width may be measured at the building line, provided that in no
case shall the lot frontage be less than 75% of the minimum lot width
requirements, and that the lot areas shall be the minimum required
size for that zone.
Any use not specifically permitted in a zoning
district established by this chapter is hereby expressly prohibited
from that district, and further, the following uses and activities
shall be specifically prohibited in any zone:
A.
Junkyards, automobile wrecking or disassembly yards;
and the sorting or baling of scrap metal, paper, rags or other scrap
or waste material.
B.
The keeping and raising of any animal other than horses
or more than five domestic pets.
C.
Trailers, mobile homes, trailer courts or trailer
coaches, except upon a duly licensed mobile home park.
D.
Privately operated dumps for the disposal of garbage,
trash, junk, refuse and similar materials.
E.
The manufacturing of paints and varnishes.
F.
Any use of any building or premises in such a manner
that the health, morals, safety or welfare of the community may be
endangered.
G.
Any use which emits excessive and objectionable amounts
of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
H.
Truck terminals when not a part of a permitted commercial
or industrial use.
I.
Dealerships devoted entirely to the sale of used automobiles
or trucks.
J.
Use of animated, flashing, pulsing or twirling signs,
windmills or similar banners or moving reflectors.
K.
Foundry and steel fabricators.
L.
The use of trucks, trailers or other type of vehicles
for storage or advertising purposes, including mobile signs.
M.
Palmistry, fortune-telling, spirtualists and other
similar practitioners.
N.
Outside storage of materials or products.
[Added 10-20-1986]
[Amended 10-20-2003 by Ord. No. 3-35]
There may be no more than two sales commonly
known as garage sales, as defined herein, at any one location during
one calendar year. Said sales shall not commence earlier than 7:30
a.m., terminating by sundown, and extending no more than a three-day
period. Garage sales shall offer only used items and personal property
when the sale is held. Any person intending to conduct a garage sale
shall, prior to the sale, register with the Township Administrative
Officer. Freestanding temporary signs advertising such garage sale
and not exceeding an area of more than four square feet each shall
be permitted in the public right-of-way for no more than three days;
provided, however, no such sign shall be located within 10 feet of
any public monument or memorial. Failure to remove all signs at the
end of such three-day period shall be a violation of this section.
