The Township of East Brunswick was established in 1860. Since January 1, 1965, the
& 114-24 GARBAGE, REFUSE, AND RECYCLABLES
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& 114-24 GARBAGE, REFUSE, AND RECYCLABLES & 114-26 3. The following recyclables are mandatory source separated for all sectors [Added 11-19-07 by Ord. No. 07-25]: a. Aluminum cans and containers. b. Glass food and beverage containers, all colors. c. Steel (tin) and Bi-Metal food and beverage containers. d. Plastic containers: milk, water, beverage, laundry containers e. Paper (waxed milk and juice cartons also known as aseptic (bacteria free/sterile/non-toxic/sunlight free) packaging. f. Aerosol cans (empty) is defined as any metal container which contained non- toxic liquid or powdered particles which were dispersed by compressed air or gas.
g. Cardboard/corrugated paper, bundled 2' x 2' x 1'. h. Mixed Paper - refer to Section 114-1, bundled 2' x 2' x 1'. i. Waste oil - brought to recycling center. j. White goods, metals, bulky items. k. Textiles. l. Used Tires. m. Yard wastes - leaves, grass clippings, branches, vegetative waste. n. Construction and Demolition wastes - metals, wood, cement, asphalt, block, cinder, brick and concrete. o. Brush p. Motor oil Note: Additional recyclable materials shall be added in accordance with the New Jersey Source Separation and Recycling Act: S-1476/A-1781 and the Middlesex County District Recycling Plan. The Department of Parks and Public Works shall issue regulations classifying recyclables and providing for the method and manner of collection. Said classification shall be dependent upon the existence of lawful disposal, users or markets for said recyclables.
The Department of Parks and Public Works shall, by regulation, designate a municipal recycling center. Said center shall accept, as a minimum, newspaper, corrugated paper, junk mail, aluminum, metal, bimetal, glass, and plastics pursuant to N.J.A.C. 14A:3-11.1 et seq., as well as many items classified as recyclable by regulation of the Department of Parks and Public Works. The Director upon written request may allow business, commercial, industrial, institutional and/or professional property owners to drop off source separated materials at the Recycling Center for processing provided that recycling collection or processing costs are not accrued to the Township. & 114-25.1. Storage of Recyclable Items. [Added 11-19-07 by Ord. No. 07-25] The Municipal Recycling Coordinator shall review all Recycling Plans submitted in conjunction with all applications to the planning board or zoning board for subdivision or site plan approval pursuant to &132-30. The recycling area shall be of sufficient size, convenient location and contain other attributes (ie. signage, lighting, etc.) as may be determined by the Municipal Recycling Coordinator.
Materials classified as recyclable shall only be disposed of by: A. Placing them for collection by the municipality pursuant to the terms of this chapter and regulations issued by Department in accordance with the provisions set forth by the Township Council.
11417 1-09
& 114-26 EAST BRUNSWICK CODE & 114-28 B. Giving, donating or selling them or permitting them to be collected by any person, partnership or corporation, whether operating for profit or not, provided that the material shall:
1. Be recycled. 2. Be collected from a point other than the curbside in districts with municipal collection of recyclable items or materials or at a municipal drop-off center, with the permission of the Township of East Brunswick. 3. Be reported to the municipality by both the generator and the receiver of the recyclable items or materials in accordance with regulations of the Department of Parks and Public Works, the County of Middlesex and the State of New Jersey. [Amended 11-19-07 by Ord. No. 07-25] C. Recycling documentation in the form and format espoused by the Department backed up by, weight slips or a signed business form letter shall be required from all those who market, collect, haul and/or generate recyclable materials, whether they be residential, business, commercial, industrial, institutional and/or professional premises located within the boundaries of the Township of East Brunswick, as required by the Middlesex County District Recycling Plan. These records and reports shall be submitted to the East Brunswick Township Recycling Coordinator on a quarterly basis, specifically, not later than close of business January 1, April 1, July 1, and October 1 of a given year and beginning as of the effective date of this ordinance. D. Used tires - Depending upon the availability of markets or other disposal means for used tires, the Department may, at its discretion, provide for the disposal of used tires by the residents. The Township Council shall be empowered to fix fees by regulation for the disposal of used tires; and the disposal method shall be established by regulation of the Department.
The Director of Parks and Public Works is hereby authorized and directed to promulgate such reasonable regulations as to the manner, days, times, fees etc. for the collection of recyclables in accordance with the terms hereof and shall forward such regulations to the Township Council for adoption by resolution. Such regulations may be amended from time to time as needed to encourage the operation of the collection program. 11418 1-09
& 114-29 GARBAGE, REFUSE, AND RECYCLABLES & 114-29 & 114-29. Violations and penalties. [Amended 11-19-07 by Ord. No. 07-25] A. Each such collection in violation of this chapter and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
B. Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule, regulation or directive promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine not to exceed two thousand dollars ($2,000.) or by up to ninety (90) days in jail, or both. If permitted by general law, a convicted person may be ordered to perform community service. [Amended 11-19-07 by Ord. No. 07-25] 11419 1-09
& 118-1 HANDBILLS & 118-2 Chapter 118 HANDBILLS & 118-1. Definitions. & 118-2. Commercial handbill distributors required to register. & l18-3. Distribution of commercial handbills in public places prohibited. & 118-4. Restrictions on distribution on private property. & 118-5. Restrictions on distribution of noncommercial handbills. & 118-6. Fees. [HISTORY: Adopted by the Township Council of the Township of East Brunswick 10-23-67 as Ord. No. 67-95 and as Sec. 4-4 of the Revised General Ordinances. Amendments noted where applicable.] GENERAL REFERENCES Littering - See Ch. 137. & 118-1. Definitions. As used in this chapter, the following term s shall have the m eanings indicated: COM M ERCIAL HANDBILL - Includes any printed or written m atter, sam ple of goods or m erchandise or otherwise reproduced original or copies of any m atter or literature, except newspapers, m agazines and periodicals of general circulation, and m ail m atter, which: A. Advertises for sale any m erchandise, product, com m odity or thing; B. Directs attention to any business, m ercantile or com m ercial establishm ent or other activity for the purpose of prom oting the interest thereof by sales; or C. Directs attention to or advertises any show, theatrical perform ance, exhibition or event of any kind for which an adm ission fee is charged for the purpose of private gain or profit. HANDBILL DISTRIBUTOR - Any person who distributes or causes the distribution of com m ercial handbills. NONCOM M ERCIAL HANDBILL - Any printed or written m atter not included in the definition of com m ercial handbill and not a newspaper, m agazine, periodical of general circulation or m ail m atter.
No person shall distribute or cause the distribution of com m ercial handbills without first registering with the Township Clerk. The applicant shall com plete a registration form which shall contain: A. The nam e and address of the applicant's business address. B. A brief description of the business in connection with which the applicant will distribute handbills. 11801
& 118-2 EAST BRUNSWICK CODE & 118-6 C. The nam e and address of every em ployee of the applicant who will distribute handbills.
No person shall distribute or circulate a com m ercial handbill in or upon any public place or outdoor area that is open to the public.
Com m ercial and noncom m ercial handbills m ay be distributed on private property, provided that such handbills are not distributed to uninhabited dwellings or dwellings where there is posted in a conspicuous place near the entrance a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No advertising" or words of sim ilar im port. Handbills distributed on private property shall be securely placed at each dwelling so as not to be blown away by the wind. & 118-5. Restrictions on distribution of noncommercial handbills. Noncom m ercial handbills m ay be distributed in both public and private places, provided that such handbills shall not be attached to, deposited or placed in or upon m otor vehicles unless occupied and the occupant expressly accepts the sam e. No person shall distribute or circulate any noncom m ercial handbill which does not have printed upon it the nam e and address of the organization or person sponsoring the handbill. & 118-6. Fees. [Added 1-24-77 by Ord. No. 77-1-VV] There shall be a fee of five dollars ($5.) for each registration. 11802
& 121-1 HEALTH DEPARTMENT LICENSES & 121-1 Chapter 121 HEALTH DEPARTMENT LICENSES & 121-1. Information required on applications. & 121-2. Investigation; decision on issuance. & 121-3. Display of licenses. & 121-4. Licenses not transferable. & 121-5. Revocation and suspension. [HISTORY: Adopted by the Township Council of the Township of East Brunswick 12-27-67 as Ord. No. 67-99 and as Sec. 11-1 of the Revised General Ordinances. Amendments noted where applicable.] GENERAL REFERENCES Adm inistration of governm ent - See Chap. 3. Unfit dwellings - See Chap. 90. Food and beverage vending m achines - See Chap. 107. Food-handling establishm ents - See Chap 109. Garbage, rubbish and refuse - See Chap. 114. Housing standards - See Chap. 126. Licenses - See Chap. 135. Meat packaging - See Chap. 142. Public health nuisances - See Chap. 150. Individual sewage disposal system s - See Chap. 174. Private swim m ing pools - See Chap. 195. Public swim m ing pools - See Chap. 197. Trailers and trailer cam ps - See Chap. 202. & 121-1. Information required on applications. Applications for all licenses issued by the Departm ent of Health and W elfare shall be on form s provided for by the Departm ent and shall contain the following inform ation: A. Nam e and address of the applicant. B. If the licenses activity is to be carried on at a fixed location, the address and full description of the prem ises. C. If a vehicle is to be used, its description, including the license num ber. D. A description of the nature of the business. E. A statem ent as to whether the applicant or any of its em ployees or agents have ever been convicted of the violation of any statute or m unicipal ordinance having to do with the protection of public health and, if so, the date and place of the conviction, the nature of the offense and the punishm ent or penalty im posed. 12101
& 121-1 EAST BRUNSWICK CODE & 121-5 F. Applications by partnerships shall contain all of the inform ation required by this section for each partner, and applications by corporations shall contain all of the inform ation required by this section for each officer of the corporation and the em ployee or agent actually in charge of the licensed activity in East Brunswick. Applications by partnerships shall be signed by at least one (1) partner; and applications by corporations shall be signed by a corporate officer, attested to by the secretary, and shall bear the seal of the corporation. & 121-2. Investigation; decision on issuance. The Departm ent of Health and W elfare shall institute any investigation which it deem s necessary to protect the public and shall, within a reasonable tim e, grant or deny the application.
W hen the licensed activity is conducted at a particular prem ises or from a vehicle, the license shall be prom inently displayed on the prem ises of vehicle.
Every license shall apply only to the person, firm or corporation to whom it was issued and shall not be transferable.
Licenses issued under this chapter m ay be denied, revoked or suspended for the reasons and according to the procedure set forth in & 135-8 of the Code of the Township of East Brunswick, and the hearing provided for therein shall be before the Director of Health and W elfare, and he shall have the power to revoke or suspend the license. 12102
& 124-1 HOUSING DISCRIMINATION & 124-2 Chapter 124 HOUSING DISCRIMINATION & 124-1. Title. & 124-2. Policy. & 124-3. Definitions. & 124-4. Prohibited actions. & 124-5. Complaints; hearing. & 124-6. Violations and penalties. & 124-7. Posting notices on premises; temporary injunction and restraining order. & 124-8. Statutory remedies available. [HISTORY: Adopted by the Township Council of the Township of East Brunswick 1-26-70 as Ord. No. 70-143 as Sec. 4-13 of the Revised General Ordinances. Sections 124-2, 124-4, 124-6A, 124-6B and 124-7B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] GENERAL REFERENCES Adm inistration of governm ent - See Ch. 3. Housing standards - See Ch. 126. Rent control - See Ch. 169. & 124-1. Title. This chapter shall be known as the "Antidiscrim ination in Housing Ordinance of the Township of East Brunswick."
The Township Council hereby declares it to be the public policy of the Township of East Brunswick to elim inate and prevent discrim ination and involuntary segregation based on race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m artial status and to safeguard the right of every person to sell, purchase, lease, sublease, assign, rent or obtain financing for the purchase, lease, sublease or assignm ent of housing accom m odations without regard to race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m arital status and to prohibit discrim ination practices and the inciting of unrest, tension and fear with respect to real estate transactions in the Township of East Brunswick. 12401
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 1
& 124-3 EAST BRUNSWICK CODE & 124-4 & 124-3. Definitions. As used in this chapter, the following term s shall have the m eanings indicated. BLOCK BUSTING - The practice of inducing owners of real property to sell or list real property for sale because of the actual or rum ored advent into the neighborhood of a m em ber of a racial, religious or ethnic group.
within the township. PERSON - Includes one (1) or m ore individuals, partnerships, associations, corporations, organizations, legal representatives, em ployees, agents, anyone acting for or on behalf of any person or other legal entities.
herein.
& 124-4. Prohibited actions. 2 A. It shall be unlawful for any person: (l) To refuse to sell, rent, lease, assign or sublease or otherwise deny any housing accom m odation to any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m arital status. (2) To refuse to negotiate for the sale, rent, lease, assignm ent or sublease of any housing accom m odation to any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m arital status. (3) To represent that any housing accom m odation is not available for inspection, sale, lease, sublease, assignm ent or rent or to withhold inform ation about any housing accom m odation which is, in fact, available for inspection, sale, lease, sublease, rent or assignm ent or to otherwise deny or withhold any housing accom m odation to any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m arital status. (4) To discrim inate against any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m arital status in the term s, conditions or privileges of the sale, rental, lease, assignm ent or sublease of any housing accom m odation. (5) To directly or indirectly advertise that the purchase or rental by persons of any particular race, color, religion, creed, national origin, ancestry, ethnic origin, sex or m arital status is unwelcom e, objectionable, unacceptable or not solicited. (6) To use any form of application for purchase, rental, lease, assignm ent, sublease or financing of any housing accom m odation which inquires into the race, color, religion, creed, national origin, ancestry or ethnic orgin of any person. (7) To engage in the practice of block busting, including but not lim ited to the following: (a) To induce directly or indirectly or attem pt to induce directly or indirectly the sale or listing for sale of real property by representing that an adverse change has occurred or will or m ay occur with respect to the racial, religious or ethnic com position of the block, neighborhood or area in which the property is located. 12402 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 2 & 124-4 HOUSING DISCRIMINATION & 124-5 (b)
To induce directly or indirectly or attem pt to induce directly or indirectly the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion or national origin in the area will or m ay result in: [1] The lowering of property values. [2] An increase in the crim inal or antisocial behavior in the area. [3] A decline in the quality of the schools serving the area. (c) To m ake any m isrepresentations concerning the listing for sale or the anticipated listing for sale, or the sale of real property in the area for the purpose of inducing or attem pting to induce the sale or listing for sale of real property. (d) To m ake any representation to any prospective purchaser that any block, neighborhood or area has, will or m ight undergo an adverse change with respect to the religious, racial or ethnic com position of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area. (e)
To place a sign purporting to offer for sale any property that is not in fact offered for sale.
(f) To advertise for sale or rental property which is nonexistent or which is not actually for sale or rental. (g)
To engage in or hire or conspire with others to com m it acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear with the purpose of inducing or attem pting to induce the sale or listing for sale of real property. (h) To engage in any econom ic reprisal or any other form of intim idation against any person because that person has filed a com plaint, testified, assisted or participated in any m anner in any investigation, proceeding or conference under the term s of this chapter. (i)
To aid, abet, incite, com pel or coerce any person to engage in any of the practices forbidden by this chapter; or to obstruct or prevent any person from com plying with the provisions of this chapter. B. No person, bank or lending institution shall discrim inate against any applicant because of race, religion or ethnic background of such applicant or the prospective occupants or tenants of such housing accom m odation in the granting, extending or renewing the rates, term s of conditions of any such loan. C. The provisions of this chapter shall not apply to: (1) The rental of a single apartm ent in a two-fam ily dwelling, one (1) unit of which, at the tim e, is occupied by the owner as his residence or the household of his fam ily. (2)
Any religious institution or organization or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization in the sale, lease or rent of real property, for lim iting adm ission to or giving preference to persons of the sam e religion or denom ination or from m aking such selection as is calculated by such organization to prom ote the religious principles for which it is established or m aintained. & 124-5. Complaints; hearing. A. Any person claim ing to be aggrieved by a discrim inatory or unfair practice within this township m ay, by him self or his attorney, m ake, sign and file a written com plaint with the Clerk of the Municipal Court of the township, which com plaint shall set forth the basis thereof and specify those sections of the chapter violated. 12403
& 124-5 EAST BRUNSWICK CODE & 124-8 B. The Clerk of the Municipal Court shall cause to be served the com plaint upon the defendant pursuant to the rules of the Court and set the m atter down for hearing within fifteen (15) days of the service of the com plaint. & 124-6. Violations and penalties. A. Any person who shall violate any of the provisions of & 124-4 shall, for each and every offense, be deem ed guilty of a violation and, upon conviction thereof, shall be subject to the penalties provided in Chapter 1, General Provisions, Article I. 3 B.
than the com plainant after notice that a com plaint of discim ination has been filed against such person shall, upon conviction of a violation under such a com plaint, be subject to the penalties provided in Chapter 1, General Provisions, Article I. 4 C. Upon conviction of a violation under this chapter, a violator m ay, after application to a court of com petent jurisdiction, be ordered to m ake available to the com plainant the prem ises involved. & 124-7. Posting notices on premises; temporary injunction and restraining order. A. In order to prevent the involvem ent of innocent third parties in the rental or sale of housing accom m odations or land in the period after the com plaint is filed, but before an order or injunction is obtained, the township m ay post for fifteen (15) days a notice on the said housing prem ises or land unless the person or persons charged with discrim ination agree in writing not to sell or rent during the pendency of the action or proceeding against such persons. B. Any person who rem oves, covers or defaces the posted notice shall be subject to the penalities provided in Chapter 1, General Provisions, Article I. 5 C. In order to prevent the rental or sale of the housing accom m odation or land in violation of this chapter, the legal representative of the com plainant m ay seek from a court of com petent jurisdiction a tem porary injunction or restraining order to prevent the disposition of the prem ises to other than the com plainant during the pendency of the com plaint alleging discrim ination. & 124-8. Statutory remedies available. In no instance shall any com plainant hereunder be precluded from pursuing his lawful rem edies under the New Jersey Fair Housing Law, N.J.R.S. 18:25-4 et seq. or any other sim ilar New 6 Jersey statute. 12404 Editor's Note: Amended at time of adoption of Code, see Ch. 1, General Provisions, Art. I. 3 Editor's Note: Amended at time of adoption of Code, see Ch. 1, General Provisions, Art. I. 4 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 5 Editor's Note: N.J.R.S. 18:25-4 was renumbered in 1968 to be N.J.R.S. 10-5-4. 6 LAND USE PROCEDURES Chapter 132 LAND USE PROCEDURES ARTICLE I Title and Purpose & 132-1. Short Title. & 132-2. Purposes. ARTICLE II Definitions and Word Usage & 132-3. Definitions. ARTICLE III Planning Board & 132-4. Establishment. & 132-5. Membership. & 132-6. Terms of Office. & 132-7. Vacancies. & 132-8. Organization. & 132-9. Powers. & 132-10. Concept Review (Workshops) & 132-11. Additional Reference to Planning Board. & 132-12 Citizen Advisory Committees. & 132-13. Submission of Environmental Commission. & 132-14. Certificates of Subdivision. & 132-15. Notice for Rezoning. 13201
3-90 EAST BRUNSWICK CODE ARTICLE IV Zoning Board & 132-16. Establishment. & 132-17. Membership. & 132-18. Terms of Office. & 132-19. Vacancies. & 132-20. Organization. & 132-21. Powers. & 132-22. Appeal of Administrative Decision. & 132-23. Appeal to Township Council. ARTICLE V Provisions Applicable to Both Boards & 132-24. Rules and Regulations. & 132-25. Attorneys, Experts and Staff. & 132-26. Financial/Personal Interest. & 132-27. Jurisdiction. & 132-28. Pre-application Meeting. & 132-29. Application Submittal. A. Incomplete Application. B. Complete Application. & 132-30. Checklists. & 132-31. Environmental Impact. & 132-32. Fees. & 132-32.1 Mandatory Development Fees. [Added 10-13-97 by Ord. No. 97-28] 13202
5-98 LAND USE PROCEDURES & 132-33. Escrow. & 132-33.1. Reimbursement. & 132-33.2. Definition of Professional. & 132-33.3. Refund of Escrow. & 132-33.4. Reimbursement for Services. & 132-33.5. Charge for Services. & 132-34. Submissions of Environmental Commission. & 132-35. Notice Requirements. & 132-36. Notices Complete Upon Mailing & 132-37. Completion of Prior Conditions. & 132-38. Payment of Taxes. & 132-39. Appearance Required. & 132-40. Meetings. & 132-41. Minutes. & 132-42. Hearings. & 132-43. Decisions. & 132-44. Time Limit for Decisions. & 132-45. Expiration of Variances. & 132-46. Authorized Exception and Waivers. & 132-47. Effect of Preliminary Approval. & 132-48. Effect of Final Approval. & 132-48.1. Submission of Final Plat. & 132-49. Compensation for Reserved Lands. & 132-50. Conditional Approvals. & 132-51. Suspension of Periods of Approval. 13203
5-93 EAST BRUNSWICK CODE & 132-52. Common Open Space Requirements. & 132-53. Performance and Maintenance Guarantees. & 132-53.1. Deposits Required to Offset Costs of Inspections and Tests. & 132-53.2. Inspections. & 132-54. As-Built Requirements. & 132-55. Off-tract Improvements. & 132-55.1. Street Lighting. & 132-56. Building Permits. & 132-56.1 Zoning Permits Required. [Added 8-14-00 by Ord. No. 00-15] & 132-57. Conditional Building Permits. & 132-58. Certificates of Occupancy. & 132-58.1. Display of Certain Maps and Plans by Subdividers. & 132-58.2. Display of Certain Maps and Plans by Real Estate Brokers. & 132-59. Enforcement. & 132-59.1. Penalty for Conveying of Land Prior to Approval. ARTICLE VI Master Plan & 132-60. Preparation and Periodic Review. & 132-61. Contents. & 132-62. Subplans. & 132-63. Relationship to Contiguous Municipalities. & 132-64. Notice Concerning Master Plan. 13204
2-01 LAND USE PROCEDURES ARTICLE VII Capital Improvement Program & 132-65. Preparation. & 132-66. Adoption of Capital Improvement Program. & 132-67. Review of Capital Projects. & 132-68. Notice Concerning Capital Improvement Program. ARTICLE VIII Fair Share Ordinance [Amended 6-14-99 by Ord. No. 99-22] & 132-69. Purpose & Scope. & 132-70. Distribution of Low and Moderate Income Units. & 132-71. Bedroom Distribution. & 132-72. Establishing Rents & Prices of Units. & 132-73. Controls on Affordability. & 132-74. Zoning for Inclusionary Developments. & 132-75. Developer Fees. & 132-76. Cost Generation. & 132-77. Affirmative Marketing. & 132-78. Rehabilitation Component. & 132-79. Certificate of Compliance Upon Resale. [HISTORY: Adopted by the Township Council of the Township of East Brunswick on 12-11-89 as Ord. No. 89-83. This ordinance replaced the existing ordinance. Amendments noted where applicable] 13205
3-00 & 132-1 EAST BRUNSWICK CODE & 132-2 ARTICLE I Title and Purpose & 132-1. Short Title. This chapter may be cited and referred to as the "East Brunswick Township Land Use Procedures Ordinance".
It is the intent and purpose of this act: A. To encourage municipal action to guide the appropriate use and development of lands in the township in a manner which will promote the public health, safety, morals and general welfare; B. To secure safety from fire, flood, panic and other natural and man-made disasters; C. To provide adequate light, air and open space; D. To ensure that development of the Township of East Brunswick does not conflict with the development and general welfare of its neighboring municipalities, the County of Middlesex and the State of New Jersey as a whole; E.
concentrations that will contribute to the well-being of persons, neighborhoods and communities and the preservation of the environment; F. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies; G. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of all citizens; H. To encourage the location and design of transportation routes which will promote the free flow of traffic, while discouraging location of such facilities and routes which result in congestion or blight; I. To promote a desirable visual environment through creative development techniques and good civic design and arrangements; J. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the Township of East Brunswick and prevent urban sprawl and degradation of the environment through improper use of land.
13205.1 3-90
& 132-2 LAND USE PROCEDURES & 132-3 K. To encourage planned development which incorporates the best features of design and relates the type, design and layout of residential, commercial, industrial and recreational development to the particular site; L. To encourage senior citizen community housing construction; M. To encourage coordination of the various public and private procedures and activities shaping land development, with a view to lessening the cost of such development and to the more efficient use of the land; and N. To promote utilization of renewable energy sources. O. To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
For the purposes of this Ordinance, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also m ean the plural and person(s) shall also mean other legal entities. All definitions in Chapter 228, Zoning, shall also apply to this Ordinance.
a different township official or officials are designated by this chapter as defined elsewhere or by state statute. [Amended 1-25-99 by Ord. No. 99-4]
documents required of an applicant by ordinance for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter. APPROVING AUTHORITY - The Planning Board of the Township of East Brunswick, unless a different agency is designated by this chapter, when acting pursuant to the authority of this chapter.
one (1) but not more than two (2) other similar dwelling units, not exceeding one (1) story or twenty (20) feet in height. All major rooms in such a unit open onto a central court or atrium surrounded by three (3) or four (4) sides of the unit. BOARD OF ADJUSTMENT - The Board established pursuant to Section 56 of the New Jersey Municipal Land Use Law. 13205.2 12-06
& 132-3 EAST BRUNSWICK CODE & 132-3 BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof CAFRA CENTERS, CORES OR NODES - Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B. [Added 2-27-06 by Ord. No. 06-06] CAFRA PLANNING MAP - The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3. [Added 2-27-06 by Ord. No. 06-06]
construction project. CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
owned or dedicated for public use, designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deem ed incomplete for any lack of such additional information or any revisions in accompanying documents so required by municipal agencies. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed completed as of the day it is so certified by the Director of Planning & Engineering or designee for purposes of the commencement of the time period for action by the municipal agency. [Amended 1-25-99 by Ord. No. 99-4] CONDITIONS OF APPROVAL - Includes all testimony, other agency approvals, bonds and all requirements stated in the resolution of approval. CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.
ways, easements, pipelines, electric power lines, conduits or rights-of-way owned in fee or less than fee by third parties.
13205.3
12-06 & 132-3 LAND USE PROCEDURES & 132-3 CORE - a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation. [Added 2-27-06 by Ord. No. 06-06]
Middlesex County with the accompanying maps, plats, charts and descriptive and explanatory matter, adopted by the County Planning Board pursuant to N.J.R.S. 40:27-2 and N.J.R.S. 40:27-4.
COUNTY PLANNING BOARD - The Middlesex County Planning Board. COUNTY REVIEW AGENCY - An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be: a county planning agency; or a county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances. [Added 2-27-06 by Ord. No. 06-06]
by Ord. No. 06-06] DESIGNATED CENTER - A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet. [Added 2-27-06 by Ord. No. 06-06]
combination of land and water, within the site designated for a planned unit residential development or cluster development and designed or intended for the use or enjoyment of residents and owners of the planned unit residential development or cluster development. Designated open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit residential development or cluster development.
to perform a specified function or duty assigned to such administrative officer by this chapter. [Amended 1-25-99 by Ord. No. 99-4]
perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications. [Added 2-27-06 by Ord. No. 06-06] DENSITY - The permitted number of dwelling units per gross area of land to be developed. DENSITY, NET - A number expressing dwelling units per gross acre of land except that fresh water wetlands, flood hazard areas, areas with seasonal high-water table at the surface, lakes and ponds, and areas with slopes in excess of twenty-five percent shall receive no density credit. Areas with a seasonal high water table within one and a half feet of the surface shall receive fifty (50) percent density credit. 13205.4
12-06 & 132-3 EAST BRUNSWICK CODE & 132-3 DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to law.
other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions, as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody. [Added 2-27-06 by Ord. No. 06-06]
appointed by the Mayor pursuant to Chapter 3-94. ENVIRONMENTALLY CRITICAL AREAS - An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program. [Added 2-27-06 by Ord. No. 06-06]
gravity.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved development plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvem ents have been installed or guarantees properly posted for their completion, or an approval conditioned upon the posting of such guarantees.
compared to the total area of the site. GOVERNING BODY - The Township Council of the Township of East Brunswick. 13206
12-06 & 132-3 LAND USE PROCEDURES & 132-3 HIGH POLLUTANT LOADING AREAS - Areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than “reportable quantities” as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4. [Added 2-27-06 by Ord. No. 06-06]
HISTORIC DISTRICT - One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites. HISTORIC SITE - Real property, man-made structures, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
it is highly resistant to infiltration by water. [Added 2-27-06 by Ord. No. 06-06] INFILTRATION - The process by which water seeps into the soil from precipitation. [Added 2-27-06 by Ord. No. 06-06] INTERESTED PARTY: (1)
In a crim inal or quasi-criminal proceeding, any citizen of the State of New Jersey.
(2) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter. LAND - Ground, soil or earth including improvements and fixtures on, above or below the surface.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. LOT LINE ELIMINATION - A reverse subdivision. LOW OR MODERATE INCOME HOUSING - Wherever this phrase is used, it includes but is not limited to housing at the least or lowest cost possible and feasible, conforming to state and federal definitions for low-and moderate-income housing, consistent with minimum standards of health and safety. MAINTENANCE GUARANTEE - Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit, and cash. [Amended 6-10-92 by Ord. No. 92-19]
disturbance of one quarter (1/4) or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. [Added 2-27-06 by Ord. No. 06-06] 13207 12-06
& 132-3 EAST BRUNSWICK CODE & 132-3 MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision. MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to this chapter. MAYOR - The chief executive of the Township of East Brunswick. MINOR SITE PLAN - A development plan of one or m ore lots which (1) proposes new development for an existing site, whether previously approved or not, not requiring substantial staff review; (2) does not involve planned development, any new street or extension of any off tract im provement which is to be prorated pursuant to this code; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. M INO R SUBDIVISION - A subdivision of land for the creation of not more than 3 lots; provided that such subdivision does not involve (1) a planned development, (2) any new street; or (3) the extension of any off tract im provement the cost of which is to be prorated pursuant to this code. MUNICIPAL AGENCY - The East Brunswick Planning Board or Zoning Board of Adjustment or the Township Council when acting pursuant to this chapter. MUNICIPALITY - The Township of East Brunswick. NONCONFORMING LOT - A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. NONCONFORMING STRUCTURE - A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
essential to and promotes the development of organisms. [Added 2-27-06 by Ord. No. 06-06] OFFICIAL CO UNTY MAP - The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Middlesex County pursuant to N.J.R.S. 40:27-5.
which the lot is a part) which is the subject of a development application or on a contiguous portion of a street or right-of-way.
nor on a contiguous portion of a street or right-of-way. ON-SITE - Located on the lot in question. 13208
12-06 & 132-3 LAND USE PROCEDURES & 132-3 ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way. OPEN SPACE - Any parcel or area of land and/or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of land. Download 8.87 Mb. Do'stlaringiz bilan baham: 
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