[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.
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.
No structure shall be constructed within the following areas:
All brush, grass and natural vegetation within 50 feet of the bank of a lake, pond, run, stream or major drainage ditch shall be retained, if possible.
[Amended 4-4-2005 by Ord. No. 05-7]
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:
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.
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
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:
An accessory building attached to a principal building shall comply in all respects with yard requirements of this chapter for the principal buildings.
Detached accessory buildings, yard utility buildings and storage buildings are permitted in the rear yard only.
No accessory building shall be closer than five feet to a rear or side property line.
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.
The following size limitations shall apply to all detached accessory structures:
[Added 7-7-2008 by Ord. No. 08-15]
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.
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.
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.
Number of PSUs. Only one PSU may be placed at any residential property at one time.
Size of PSUs. PSUs may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.
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.
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.
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.
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.
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.
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]
Minimum residential lot size. A minimum residential lot size of 50 feet by 100 feet is required to keep chickens pursuant to this section.
Number of allowable chickens. No more than eight female chickens (pullets and hens) may be kept on any residential lot.
Roosters and cockerels are prohibited.
Slaughtering. The slaughtering of chickens in public view is prohibited.
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.
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.
Shelters shall not exceed 60 square feet in size or six feet in height.
Fences shall not exceed six feet in height and shall be constructed so that the shelter cannot be seen by the public.
Shelters and enclosures shall be maintained and kept clean at all times.
Feed storage. Animal feed stored outdoors shall be kept in a metal container or other approved containers with tight-fitting lids.
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.
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.
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.
Permit required. A zoning permit from the Department of Community Development shall be required to permit the keeping of chickens.
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.
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.
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.
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]
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.
EVCE shall be permitted in a front yard area, subject to meeting all other setback requirements.
Each EVCS space shall count as two required parking spaces for purposes of zoning compliance.
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.
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.
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.
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.
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.
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.
All office developments and warehouse developments in excess of 20,000 square feet.
All hotels and motels in excess of 50 rooms.
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.
All restaurants not classified as a "drive-in restaurant" in excess of 2,000 square feet.
All movie theatres, roller skating rinks, commercial recreation establishments, mechanical amusement game rooms and other places of assembly.
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:
Junkyards, automobile wrecking or disassembly yards; and the sorting or baling of scrap metal, paper, rags or other scrap or waste material.
The keeping and raising of any animal other than horses or more than five domestic pets.
Trailers, mobile homes, trailer courts or trailer coaches, except upon a duly licensed mobile home park.
Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials.
The manufacturing of paints and varnishes.
Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
Truck terminals when not a part of a permitted commercial or industrial use.
Dealerships devoted entirely to the sale of used automobiles or trucks.
Use of animated, flashing, pulsing or twirling signs, windmills or similar banners or moving reflectors.
Foundry and steel fabricators.
The use of trucks, trailers or other type of vehicles for storage or advertising purposes, including mobile signs.
Palmistry, fortune-telling, spirtualists and other similar practitioners.
Outside storage of materials or products.
[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.