[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.
[Amended 5-17-2021 by Ord. No. 21-09]
A.
No building or structure shall hereafter be erected, and no existing
building or structure 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, or in accordance with a variance
granted pursuant to N.J.S.A. 40:55D-70 et seq., 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, or in accordance with a variance
granted pursuant to N.J.S.A. 40:55D-70 et seq. 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.
B.
Continuing conditions.
(1)
All developments resulting from subdivision, site plan or variance
approvals shall be consistent with such approvals, and shall comply
with design, performance standards and conditions imposed by the approving
authority as shown on the approved plat/plan and/or included in the
resolution adopted by the approving authority. Conditions contained
in a resolution or court order approving an application for development,
and conditions shown on any map that is part of the development approval
shall be deemed to be continuing conditions, and the property owner
or subsequent transferees of the real property shall be responsible
for the maintenance, replacement and repair of any improvements required
by such conditions, including, but not limited to:
(a)
Detention and retention basins, berms and landscaping, including
the replacement of all trees and shrubs that fail to survive;
(b)
Fencing, shielding and footcandles of exterior lighting;
(c)
Curb stops, traffic circulation and directional signage; and
(d)
Dumpsters and dumpster enclosures, pavement markings, etc.
(2)
This requirement also applies to conditions on the property that
prohibit specific uses, as well as conditions that are operational
in nature, including, but not limited to:
(a)
Hours of operation;
(b)
Types of vehicles that can be stored or parked on the site;
(c)
Hours of the day that deliveries may be made;
(d)
The maximum size of delivery vehicles servicing the site;
(e)
The maximum floor space that may be occupied by a specific type
of use on the property;
(f)
Limitations on the outside display of merchandise for sale,
and limitations on outside storage of products, materials, pallets
or containers.
[Amended 5-17-2021 by Ord. No. 21-09]
A.
Except as exempted by the provisions of this chapter, a subdivision
and/or site plan approval shall be required prior to:
(1)
Division of any parcel of land into two or more lots, tracts,
parcels or other divisions of land for sale or development.
(2)
Commencement of use or change in use of any parcel of land,
building or structure.
(3)
Erection, construction, reconstruction, alteration, conversion
or installation of a structure or building.
B.
No construction 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.
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.
[Amended 5-17-2021 by Ord. No. 21-09]
The following encroachments into the required yard setback shall
be permitted:
A.
Ordinary projections allowed by the State Uniform Construction Code,
including, but not limited to, cornices and eaves, rain gutters, bay
windows, awnings, belt courses, chimneys, flues, and buttresses, provided
that such structures do not project more than three feet into the
required yard setback.
B.
Stairs may extend into the required yard setback, provided that they
are no closer than five feet to the side or rear property line, and
no closer than three feet to the front property line.
C.
Handicap ramps may extend into the required yard setback, provided
that they are no closer than three feet to the side or rear property
line.
D.
A landing area at the top of stairs leading to an entry of the dwelling
may encroach in the required setback areas, subject to the following
requirements:
[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.
[Amended 5-17-2021 by Ord. No. 21-09]
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 and structures, and the remaining yards shall be considered
side yards for the purposes of this chapter.
[Amended 5-17-2021 by Ord. No. 21-09]
Unless elsewhere specified in this chapter, accessory buildings
and structures shall conform to the following regulations:
A.
An accessory building or structure attached to a principal building
shall comply in all respects with yard requirements of this chapter
for the principal building.
B.
Detached accessory buildings, swimming pools and play courts shall
be permitted in the rear yard only, except that accessory buildings
may be permitted in the side yard, provided that:
C.
No accessory building or structure shall be closer than five feet
to a rear or side property line, except that grade level patios and
similar structures shall maintain a minimum three-foot setback from
the side and rear lot lines, provided that the stormwater runoff will
be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection,
subject to the approval of the Township Engineer. Detached raised
decks, including decks surrounding aboveground pools, and structures
commonly known as "tree houses" shall be set back at least 10 feet
from the side and rear property lines plus an additional two feet
for every one foot that the height exceeds eight (8) feet. For the
purposes of this subsection, deck height shall be measured from the
mean ground level at the foundation to the highest point of the structure.
D.
On through lots, no accessory building or structure erected behind
the rear line of the principal building on the lot 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. In the case
of through lots or corner lots which abut a county road or state highway,
and which do not have a principal building which fronts on such road
or highway, the following conditions shall apply:
(1)
Accessory buildings or structures erected behind the rear line
of the principal building on the lot may be located a distance equal
to 1/2 of the required front yard setback in that zone, provided that
principal buildings on adjoining lots do not front on such county
road or state highway.
(2)
A solid fence up to six feet in height may be erected along
the front property line which abuts a county road or state highway,
provided that principal buildings on adjoining lots do not front on
such county road or state highway, and provisions of this chapter
pertaining to the sight triangle are met.
E.
For corner lots, no accessory building or structure shall be located
nearer to the public right-of-way line than a distance equal to the
minimum required front yard setback along such frontage.
F.
An accessory structure or use shall be clearly incidental, subordinate
and accessory to the principal use on the same lot, and no accessory
structure or use shall be located on a separate lot from the principal
use to which it is incidental and subordinate.
G.
Accessory uses and structures shall not be established prior to the
establishment of a principal use or structure on the lot, except that
chain link fences may be erected to protect and secure vacant lots
against intrusion, garbage dumping, unlawful entry or unlawful use
or use inimical to the public health, safety and/or welfare. Such
fences shall not exceed six feet in height in residential zones and
eight feet in nonresidential zones, and may be permitted in the required
minimum front yard setback. Such fences must be removed upon construction
of a principal structure on the lot. It shall be the continuing responsibility
of the owner to maintain the fence and keep the property in clean
and sanitary condition free of vehicles, equipment, filth, rubbish,
refuse, junk, slop, wood, paper or other materials which are or may
constitute a hazard to health or cause accidents on said lot as long
as the lot shall remain vacant.
H.
For single-family and two-family uses, an aggregate ground area of
the rear yard covered by accessory buildings shall not exceed 30%.
For all other uses, accessory buildings shall not exceed 10% of the
lot area.
I.
No accessory building erected on any lot within any zone shall be
used for residential purposes, and no such accessory building shall
contain sleeping or cooking facilities.
J.
No accessory building or structure located on lots used for nonresidential
purposes shall exceed 20 feet in height.
[1]
Editor's Note: Former § 205-26.2, Size limits for
detached accessory structures, added 6-7-1993, as amended, was repealed
5-17-2021 by Ord. No. 21-09.
[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.
[Amended 5-17-2021 by Ord. No. 21-09]
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.[1]
[1]
Editor's Note: Former Subsection H, Violations and penalties,
which immediately followed this subsection, was repealed 5-17-2021
by Ord. No. 21-09.
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; amended 4-17-2023 by Ord. No. 23-09]
All applications for development shall comply with P.L. 2021,
c. 171, amending N.J.S.A. 40:55D-66.18 et seq., and N.J.S.A. 40:55D-4
et seq., setting forth procedures for the installation of electric
vehicle supply/service equipment and make-ready parking spaces and
establishing associated regulations and other standards.
[1]
Editor's Note: Former § 205-32,
Display of goods restricted, was repealed 11-21-2005 by Ord. No. 05-35.
[1]
Editor's Note: Former § 205-33, Electric vehicle
charging stations in new and modified developments required, added 9-4-2018 by Ord. No. 18-10, was repealed 4-17-2023 by Ord. No. 23-09.
[Amended 5-17-2021 by Ord. No. 21-09]
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
footprint of the building on which it is located. The provisions of
this chapter shall not apply to prevent the erection above the building
height limit of a parapet wall or cornice for ornament or screening,
provided that no such structure shall exceed five feet in height.
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]
O.
Cannabis consumption areas.
[Added 11-15-2021 by Ord. No. 21-23]
P.
Dwelling
units, accessory.
[Added 5-15-2023 by Ord. No. 23-10]
[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.
