The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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& 228-45

ZONING

& 228-47

10. Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any

clustered development, the front and side setbacks for each lot in such a development shall

be established by the location of the structures approved on the preliminary subdivision or

site plan for each particular development. Such setbacks shall coincide with the approved

locations of the principal structures in the development, and no development shall take place

within the front yard, or side yard setbacks as defined herein.

11. Accessory structures: shall not be permitted in the front yard area and shall be setback a

minimum of 5' from the rear and side lot lines.

12. Minimum Off Street Parking: 2.0 spaces for each dwelling unit (garages are not considered

parking space).

& 228-46.

Open Space. [Amended 6-12-89 by Ord. No. 89-36]

Lot areas may be reduced as indicated in this Article, provided that the land which would

otherwise be required for house lots, but which is not so used under the permitted lot size reduction

provisions of this section, shall be devoted instead to open space, and further provided that the

average lot area shall not be less than the minimum lot area otherwise required in the Zoning District

referred to in this section.

& 228-47.

Ownership of common open space.

Common open space shall remain in private ownership unless the Planning Board

determines that public ownership is desirable and unless the subdivider agrees to the

necessary land donation, in which case ownership shall be in the Township of East Brunswick

or in such other public body as shall be deemed appropriate, provided that the township or

such other public body shall approve such public ownership in accordance with the terms and

provisions of Article VI of Chapter 192, Subdivision of Land, of the Code of the Township of

East Brunswick.

If private ownership in common open space is contemplated by the subdivider,

documentation of such ownership shall be submitted. Such documentation shall include the

name and address of the owner, if then known, or, if not, a statement of the nature of the

owning entity, such as a homeowner's association. It shall also include adequate provisions

to ensure the retention and maintenance of such space for open space uses in perpetuity.

Such documentation shall be subject to and accompanied by the approval of the Township

Attorney, and it may include a provision that the fee title vest in the township in the event that

the space shall not be retained or maintained for open space uses.

C. In the event that the township shall obtain title to such open space, the township shall then

maintain the land for open space uses. Proposed documentation of such public ownership

shall be submitted and shall be subject to and accompanied by the approval of such

ownership and the terms and conditions of such documentation by the Township Attorney

and by the Township Council or other public body that is to assume ownership.

D. In no event shall title to open space be conveyed by the developer prior to the posting of

maintenance guaranties. [Added 2-27-89 by Ord. No. 89-995]

(There is no page 22872)

22871

3-90

& 228-48

ZONING

& 228-48.4

& 228-48.

Maintenance of common open space. [Added 12-10-73 by Ord. No.

73-8-JJ]

The same rules, regulations and enforcement procedures set forth in & 132-52 shall be applicable

herein.

ARTICLE VII-A

REGULATION FOR THE R-5 RESIDENCE DISTRICT

[Added 11-25-96 by Ord. No. 96-39]

& 228-48.1.

Applicability of Provisions of Article.

Unless specifically prohibited in this Article, the following regulations shall apply to all R-5 Districts.

& 228-48.2.

Permitted Uses.

Principal uses and building permitted are as follows:

Single-family dwellings.

& 228-48.3.

Permitted Accessory Uses.

Home occupations as defined in Section 228-3B of this chapter.

Private garages as defined in Section 228-3B of this chapter; provided, however, that the

garage shall be for not m ore than three (3) private cars or two (2) private cars and one (1)

commercial vehicle as defined in Section 228-224C.

& 228-48.4.

Prohibited uses. [Added 11-25-96 by Ord. No. 96-39]

Prohibited buildings and uses are as follows:

Any uses and building not listed in Section 228-48.2 and Section 228-48.3.

Professional occupations.

C. Parking of trucks or other commercial vehicles and trailers as restricted in Section 228-224C.

D. Mechanical amusement devices and mechanical amusement facilities.

Sex clubs and massage parlors.

Limousine and livery service.

22873

11-97

& 228-48.5

EAST BRUNSWICK CODE

& 228-48.5

& 228-48.5.

Density, area and yard requirements. [Added 11-25-96 by Ord. No. 96-

39]

Density: one (1) dwelling unit per twenty thousand (20,000) square feet.

Minimum Lot W idth: eighty (80) feet.

C. Minimum Lot Area: eight thousand (8,000) square feet.

D. Front yard setback for principal and accessory structures: thirty-five (35) feet.

Side Yard Setback for principal and accessory structures: one side: Ten (10) feet; two

sides: twenty (20) feet.

Rear Yard Setback: Twenty (20) feet.

G. Accessory Building Rear Yard Setback: Ten (10) feet.

H. Maximum Height: Thirty-five (35) feet.

22873.1

11-97

& 228-49

ZONING

& 228-50.1

ARTICLE VIII

Regulations for the O-1 Office, Professional and Apartment District

[Added 12-27-65 by Ord. No. 65-8-E]

& 228-49.

Applicability of provisions of Article.

The following regulations shall apply to all uses in all O-1 Districts.

& 228-50.

Permitted uses. [Amended 12-22-86 by Ord. No. 86-815]

Churches and other places of worship, Sunday school buildings and parish houses.

Public or parochial schools, colleges, private schools and technical schools.

C. Public recreational and community center buildings and grounds.

D. Public libraries and museums.

Buildings used exclusively by the federal, state, county or local municipal government for

public purposes, but not including workshops, warehouses or storage yards.

Professional occupations, including the office of a physician, surgeon, dentist, minister,

architect, engineer, attorney, or other member of a recognized profession.

G. The studio of a photographer, teacher of music, dancing or art.

H. Banks, savings and loan, finance companies.

The office of an insurance agent, real estate broker, accountant or bookkeeper.

& 228-50.1.

Conditional Uses. [Added 12-22-86 by Ord. No. 86-815]

Nursery schools, subject to the following conditions:

Adequate lot area and yard spaces are provided.

Buildings and uses are appropriately located and designed.

The building in use meet a community need without adversely affecting the

neighborhood.

Multiple dwelling groups or garden apartment developments, hereinafter referred to as

"projects", subject to the following conditions:

The project shall be developed, maintained and operated on a parcel of land of not

less than four (4) acres and the total number of residential units shall not exceed nine

(9) units per acre.

22873.2

7-92

& 228-50.1

EAST BRUNSWICK CODE

& 228-50.1

The area of the lot or parcel of land covered by buildings shall not exceed twenty

(20% ) percent.

No structure shall exceed two and one-half stories in height.

A minimum of two (2) off street parking spaces, including garages, shall be provided

for every apartment with two or more bedrooms and a minimum of one and

five-tenths (1.5) off street parking spaces, including garages, shall be provided for

every one bedroom apartment.

All street lights and lighting along pedestrian walks and parking areas shall be

shaded and installed on ornamental standards with underground wiring. They shall

be of a style and design compatible with the nature and design of the project and

shall be approved by the Planning Board and utility company.

All dwelling units within the project shall have not less than two (2) exterior

exposures, so as to provide through or cross ventilation.

Each dwelling unit within the project shall have at least one (1) front and one (1) rear

entrance. All exterior stairways shall be of brick or equivalent masonry construction,

but in no event shall an exterior stairway exceed four (4') feet in height.

Minimum setback for all structures from any street, public or private, or any common

parking area shall be ten (10') feet. Minimum setback for all structures from any

collector or arterial street, as defined elsewhere in this chapter, shall be fifty (50')

feet.

9.

In appropriate cases, project shall be screened from adjoining areas by a buffer zone

or barrier approved by the Planning Board.

10. Adequate provisions shall be made for the storage and removal of garbage.

11. Adequate provisions shall be made for snow removal on all sidewalks, streets, roads,

driveways and parking areas within the project.

12. Each dwelling unit within a project shall have a separate thermostat to control heat.

13. Each dwelling unit shall be air conditioned by an air conditioning system with

separate thermostats in each unit or in the alternative at least two (2) through the

wall air conditioner units shall be installed in each dwelling unit, but they shall not

project outward more than one (1") beyond the face of the wall of the building in

which they are installed.

14. Provisions shall be made for a master television antenna and no individual antenna

shall be permitted on the exterior of any building.

15. All buildings within the project shall be designed and constructed with a sound

proofing barrier between adjoining units, both horizontally and vertically.

16. No building shall contain more than twenty-eight (28) dwelling units and no wing of

any one building shall contain more than twelve (12) units.

22874

6-89

& 228-50.1

ZONING

& 228-52

17.

The maximum length of any one building as measured from one end to the other

shall not exceed two hundred eighty (280') feet, but wherever any one building wall

exceeds one hundred twenty-five (125') feet in length, there shall be at least one five

(5') foot setback every 125 feet. Common walls between wings of a building shall not

exceed ten (10') feet in length.

& 228-51.

Permitted accessory uses.

Accessory uses and buildings permitted shall be:

Private garages, subject to the following:

(1)

Any new structure which provides garage space shall have the garage attached as

a part of the main building, not to exceed space for six (6) automobiles or two (2)

automobiles and three (3) commercial vehicles as defined in & 228-224C. [Amended

3-10-80 by Ord. No. 80-222; 12-22-86 by Ord. No. 86-815]

(2)

Any existing structure may provide garage space in an accessory building within the

required rear yard space not to exceed six (6) automobiles or two (2) automobiles

and three (3) commercial vehicles as defined in 228-224C. [Amended 3-10-80 by

Ord. No. 80-222; 12-22-86 by Ord. No. 86-815]

& 228-52.

Prohibited uses. [Amended 10-27-97 by Ord. No. 97-22]

Prohibited uses in buildings shall be:

Any use not listed in && 228-50 and 228-51 above and specifically including the following:

(1)

Single-family dwellings.

(2)

Uses primarily engaged in the sale of merchandise from the premises.

(3)

Beauty parlors, barber shops, shoe repair shops and television or appliance repair

shops.

(4)

Parking of trucks or other commercial vehicles as restricted in & 228-224C.

[Amended 2-5-68 by Ord. No. 68-8-M; 2-26-68 by Ord. No. 68-8-N; 5-24-71 by Ord.

No. 71-8-BB]

(5)

Fast-food restaurants. [Added 5-22-78 by Ord. No. 78-29]

(6)

Mechanical amusement devices and mechanical amusement facilities. [Added

6-25-79 by Ord. No. 79-146]

(7)

Sex clubs and massage parlors. [Added 12-13-82 by Ord. No. 82-480]

(8)

Limousine or livery service. [Added 8-28-89 by Ord. No. 89-51]

(9)

Storage yard for wreckers and damaged or disabled vehicles associated with a

wrecker operation. [Added 10-27-97 by Ord. No. 97-22]

22875

5-98

& 228-53

EAST BRUNSWICK CODE

& 228-55

& 228-53.

Height limitations.

Height limits shall be the same as required in the R-1 District.

& 228-54.

Area and Bulk Requirements. [Amended 12-22-86 by Ord. No. 86-815]

Minimum lot area: fifteen thousand (15,000) square feet.

Minimum lot width: one hundred (100) feet.

C. Front yards:

Front yard setback for principal and accessory buildings: thirty-five (35) feet from any

streetline including both streets on a corner lot.

All front yards shall be provided with a landscaped surface over the whole yard

space, except that one 24 foot or two 12 foot paved driveways may be permitted to

cross this required yard space.

D. Side yards:

Side yard setback for principal building: one side - ten (10) feet, other side - fifteen

(15) feet. W ithin the fifteen (15) foot side yard, a driveway may be constructed

provided that it is no closer than five (5) feet to the side lot line.

Private garages and paved off street parking areas are permitted within a side yard

except that they shall not be closer than five (5) feet to a side lot line.

Rear yards:

Rear yards for principal buildings: twenty (20) feet except that where there is to be

a private garage or paved off street parking area located within the rear yard, no

principal building shall be closer than fifty (50) feet to the rear lot line.

Private garages and paved off street parking spaces may be permitted within this

rear yard space provided that no private garage or paved off street parking space

shall be closer than ten (10) feet to the rear lot line.

No other accessory uses shall be permitted within the rear yard space.

Maximum height: two and one-half (2-1/2) stories or thirty-five (35) feet.

G. Off street parking requirements shall be as provided for in & 228-56.

& 228-55.

Off-street parking.[Amended 9-12-66 by Ord. No. 66-8-F]

Off-street parking requirements shall be:

Two (2) spaces for each single-family dwelling.

All other uses to be approved by the Planning Board as provided for in & 228-56.

22876

3-90

& 228-55

ZONING

& 228-57

C. Development requirements for off-street parking space:

(l)

All driveways and off-street parking spaces under the requirements of this section

shall be surfaced with an asphaltic or concrete material so as to be hard-surfaced

and dust-free.

(2)

All off-street parking spaces shall be provided with curbing or the equivalent so that

vehicles cannot drive onto required landscaped areas.

(3)

Screen planting of a dense evergreen material not less than four (4) feet nor more

than six (6) feet in height shall be provided in any locations where lights from vehicles

within the off-street parking area may shine directly into windows of adjacent

residence buildings.

(4)

In lieu of screen planting, a wooden fence of woven lattice, louvre-type or split cedar

with a maximum of one-inch spacing shall be provided not less than four (4) feet nor

more than six (6) feet in height.

& 228-56.

Site plan approval.

[DELETED 4-20-09 BY ORD. NO. 09-11]

ARTICLE IX

Historic Districts

[Added 8-25-75 by Ord. No. 75-8-TT]

[Amended 11-12-79 by Ord. No. 79-193]

& 228-57.

Purpose.

The Township Council finds that the historic heritage of the township is among its most valued

and important educational, cultural and economic assets. It is the intent of the Township Council to

provide for the protection of historic districts, sites and structures within the township in order to:

Protect and improve the quality of its environment through the identification, recognition,

conservation, maintenance and enhancement of districts, sites, structures, fixtures and open

spaces which constitute or reflect distinctive features of the political, economic, social, cultural

or architectural history of the township and its distinctive physical features.

Foster appropriate use and wider public knowledge and appreciation of such features,

districts, landmarks and open spaces.

C. Resist and restrain environmental influences adverse to such purposes.

D. Encourage commercial development which may not adversely affect the integrity of an

historic area.

Encourage private and public efforts in support of such purposes, and by furthering such

purposes, promote the public welfare, to strengthen the cultural and educational life of the

Township and State, and to m ake the Township a more attractive and desirable place in

which to live and work.

22877

12-09

& 228-58

EAST BRUNSWICK CODE

& 228-61

& 228-58.

Boundaries.

The boundaries of the Historic District Zone are as set forth in Schedule A referred to in

Section & 228-280. A, B, and C, to be renumbered Section 228-283.A, B, and C. The location of

other landmarks and improvements within the jurisdiction of this Article are as set forth in Schedule

B annexed hereto.

& 228-59.

Relationship to remainder of chapter.

The Historic District code as provided herein for districts, landmarks, and open spaces within

the Township are intended to preserve and protect the historic or architecturally worthy districts,

landmarks, improvements, open spaces, monuments, streetscapes and neighborhoods of the

Township. W henever there is a conflict between the Township Code and those of the Historic District

Regulations the most restrictive regulations shall apply.

& 228-60.

Historic District-Residential Zone.

The following regulations shall apply in the Historic District-Residential Zone.

& 228-61.

Permitted uses.

Principal uses and buildings permitted shall be:

Single-family dwellings.

Churches, synagogues and other places of worship and Sunday school buildings and

parish houses.

C. Public and parochial schools and colleges for academic instruction.

D. Public recreational and community center buildings and grounds and public governmental

buildings used exclusively by the municipality, county, state or federal governments.

Public libraries and museums from converted existing edifices of historic origin.

Parks and playgrounds; subject to site plan review.

G. One family dwelling units may be converted to two-family dwelling units. The Planning

Board shall insure that the following minimum standards are met:

(1) Under no circumstances shall m ore than two (2) dwelling units within any existing

structure be permitted.

(2) The lot size shall be fifty percent (50% ) larger than the minimum lot size of the zone.

22878

3-84

& 228-61

ZONING

& 228-63

(3)

All units of a dwelling unit being converted from one to two units shall contain the

following minimum square footage:

Efficiency 370 sq. ft.

1 Bedroom 600 sq. ft.

2 Bedrooms 700 sq. ft. first floor

(4)

Off street parking shall be provided for two cars per dwelling unit screened and

evergreen plant materials or fencing. Adequate ingress and egress to the property

shall be provided.

& 228-62.

[Amended 6-27-83 by Ord. No. 83-508] Permitted accessory uses in

Historic District-Residential Zone Accessory uses and buildings

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