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Milling and Paving Notice - Deer Path, Methven Avenue and Woodcrest Lane Improv...
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Executive Summary
Green Brook Township is soliciting bids for the Milling and Paving Improvements project for Deer Path, Methven Avenue, and Woodcrest Lane. This project involves milling existing asphalt surfaces and repaving these streets to enhance their condition and functionality. Interested contractors are advised to review the specific project details, working hours, and potential traffic disruptions. The township aims to improve local infrastructure through this initiative.
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The working Hours are from 7:00 am to 5:30 pm Police will be on site for traffic control and to enforce the “No Parking” restrictions along the length of the Roads mentioned above. Starting ON or ABOUT – FRIDAY MAY 15th we will start PAVING DEER PATH from ROCK ROAD WEST to JUST PAST MERRIWOOD LANE METHVEN AVENUE from EDGEWOOD AVENUE to WOODCREST LANE WOODCREST LANE – ENTIRE LENGTH The duration of this work is approximately ONE (1) DAY. The working Hours are from 7:00 am to 6:00 pm Police will be on site for traffic control and to enforce the “No Parking” restrictions. Emergency Vehicles will have access to the road. There will be limited access to your driveway entrances during milling of the road. During the paving of the road there will be no access to your driveways or vehicles allowed on the newly paved road until the asphalt has cooled and the Police open the road for vehicular access. Please be patient with the delays associated with vehicular travel while the road is occupied by our Milling & Paving Crew. Please plan accordingly to this notice and remove all vehicles from the road while we are working to improve your street. Plan to park your vehicles on adjacent roads. If we are delayed by rain, then we will resume paving on the next working day. Government Departments Township Committee Township Committee Bios Boards and Commissions Volunteer Fire Department Directory Employment Opportunities Bids & RFPs RESIDENTS About Green Brook Household Public Health Senior Citzens Calendar Schools and Education Library Recreation Transportation ONLINE SERVICES Make an Online Tax or Sewer Payment Forms/Applications Maps Township Code Land Development Ordinance Zoning Ordinance Master Plan HOW DO I� Access Contact Find Obtain Pay Online Report Request Sign Up For STAY CONNECTED Directory Contact Your Elected Officials Sign Up For Home Contact Us Site Map Township, New Jersey Green Brook Township 111 Greenbrook Road Green Brook, NJ 088 12-2501 Tel: 732 968- 1023 Fax: 732- 968 -4088 © 2017 Green Brook Township, New Jersey
Document Text
--- Document: Land Development Ordinance ---
1
THE LAND DEVELOPMENT ORDINANCE
OF THE TOWNSHIP OF GREEN BROOK
(1982)
Printed with amendments through 2025
Township Committee:
Jim Van Arsdale
Mayor
Jim Benscoter
Deputy Mayor
Brian Conway
Bruce Martins
Jerry Searfoss
Township Administrator:
Kelly Cupit
Township of Green Brook
111 Greenbrook Road
Green Brook, NJ 08812
Telephone (732) 968-1023
Fax (732) 968-4088
2
THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF GREEN BROOK (1982)
[AS AMENDED TO DECEMBER 31, 2025]
TABLE OF CONTENTS
GENERAL PROVISIONS - ARTICLE 1
101 Short Title
102 Purpose and Scope
103 Definitions
104 Compliance
105 Permits
106 Exceptions
107 Preparation of Plans by Licensed Professional
108 Public Utilities
LAND USE BOARD - ARTICLE 2
201 Planning Board
202 Board of Adjustment
203 Provisions Applicable to both Planning Board and Board of Adjustment
204 Exemptions (from Subdivision and Site Plan requirements)
205 Technical Review Committee
DEVELOPMENT REVIEW PROCEDURES AND PLAT DETAILS - ARTICLE 3
301 Introduction and Purposes
302 Exemptions
303 Simultaneous Review
304 Informal Discussion
305 Submission of Sketch Plat
306 Submission of Preliminary Plat
307 Submission of Final Plat
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308 Plat Designs for Subdivisions
309 Plat Designs for Site Plans
310 Planning Board in “Use Variance” Procedure
311 Application to Planning Board for Certificate of Occupancy
SOIL EROSION AND SEDIMENTATION CONTROL - ARTICLE 4
401 Purpose
402 Definitions
403 Procedure
404 Review and Approval
405 Principles and Requirements
406 Exemptions
407 Inspections and Enforcement
ENVIRONMENTAL IMPACT STATEMENT - ARTICLE 5
501 Intent and Purpose
502 Definitions
503 Applicability
504 Data Required
505 Reviews and Inspections
506 Conditions of Approval
507 Denial of Environmental Approval
508 Exemptions
509 Board of Adjustment as Approving Authority
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STORM WATER CONTROL ARTICLE 6
601 Declaration of Purpose and Need
602 Applicability
603 Compatibility with Other Permit and Ordinance Requirements
604 Definitions
605 General Standards
606 Stormwater Management Requirements for Major Development
607 Stormwater Management for Minor Developments
608 Calculation of Stormwater Runoff and Groundwater Recharge
609 Standards for Structural Stormwater Management Measures
610 Sources for Technical Guidance
611 Safety Standards for Stormwater Management Basins
612 Requirements for a Site Development Stormwater Plan
613 Maintenance and Repair
614 Penalties
615 Effective Date
616 Severability
DESIGN AND PERFORMANCE STANDARDS - ARTICLE 7
701 General
702 Required Improvements
704 Offsite and Off-Tract Improvements
705 Easements
706 Bikeways
707 Lots in All Subdivisions
708 Lighting
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709 Location Survey
710 Compliance with Other Ordinances
711 Driveways and Assessways
712 Refuse and Recycling Storage
713 Natural Features
714 Lot Grading
715 Steep Slope
GUARANTEES AND INSPECTIONS - ARTICLE 8
801 Performance Guarantees
802 Maintenance Guarantees
803 Engineering Inspection Fees
804 Reserved
805 Reserved
806 Pre-Construction Conference
807 Performance of Work
808 Construction Permits
809 Public Street Lighting to be operational
810 Fire Hydrants
811 Township not liable by reason of inspections
812 “As built” plans
813 Reduction of performance guarantees
814 Action upon completion
815 Rejection of portion of improvements
816 Suspension of Work
817 Conditions and Acceptance of Improvements
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818 Renewal of Performance of Maintenance Guarantees
PUBLIC HEARINGS AND NOTICES - ARTICLE 10
1001 Public Hearings and Notices
1002 List of Property Owners Furnished
1003 Matters Not Requiring Public Hearing or Notice
FEES AND CHARGES - ARTICLE 11
1101 Fees
VIOLATIONS AND PENALTIES - ARTICLE 12
1201 Violations and Penalties
1202 Parties Liable
1203 Other Remedies
1204 Revocation and Rescission of Approval and or permits
SEVERABILITY ARTICLE 13
REPEALER-ARTICLE 14
EFFECTIVE DATE-ARTICLE 15
Note: This Table of Contents is for information and is not an official part of the Ordinance.
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TOWNSHIP OF GREEN BROOK
ORDINANCE
THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF
GREEN BROOK (1982)
BE IT ORDAINED by the Township of Green Brook, in the County of Somerset, State of New
Jersey, as follows.
ARTICLE I
GENERAL PROVISIONS
101.
SHORT TITLE.
This Ordinance shall be known and may be cited as THE LAND DEVELOPMENT ORDINANCE OF
THE TOWNSHIP OF GREEN BROOK.
102.
PURPOSE AND SCOPE.
This Ordinance is adopted pursuant to the Municipal Land Use Law of the State of New Jersey,
Chapter 291, Laws of 1975, as amended and supplemented, and as the same may hereafter be amended
and supplemented, and is intended to encompass the primary ordinances of the Township of Green Brook
relating to land development and land utilization in said Township, and in furtherance of the purposes
expressed in said Municipal Land Use Law, with the exception of the Zoning Ordinance of the Township
of Green Brook, which is separately adopted.
103.
DEFINITIONS.
For the purpose of this Ordinance, unless the context clearly indicates a different meaning, the
following definitions shall apply:
103.1
See Definitions contained in Article 3, The Zoning Ordinance of the Township of
Green
Brook.
103.2
It is intended that the words used in this Ordinance shall be defined as set forth in
Sections 3, 3.1, 3.2, 3.3, and 3.4 (N.J.S.A. 40:55D-3 through 40:55D-7, both inclusive) of the
Municipal Land Use Law, as amended and supplemented, and as the same may hereafter be
amended and supplemented.
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103.3
ADMINISTRATIVE OFFICER. The Clerk of the Board to whom the application for
development is submitted, except for the purposes of reviewing, issuing and enforcing zoning
permits, the zoning officer shall be administrative officer.
103.4
ADVERSE EFFECT. Development designs, situations, or existing features on a
developer’s property, or any nearby property, creating, imposing, aggravating or leading to
impractical, unsafe, unsatisfactory or non-complying conditions such as insufficient number of
shade trees; a layout inconsistent with the zoning regulations: insufficient street width; unsuitable
street grade; unsuitable street location; inconvenient street system; inadequate utilities such as
water, drainage, and sewerage; unsuitable size, shape and location for any area reserved for public
use or land for open space in a planned development: infringement upon land designated as
subject to flooding; and the creation of conditions leading to soil erosion from wind or water from
excavation or grading, all as set forth in 40:55D-38 and measured against the design and
performance standards of this Ordinance.
103.5
APPROVING AUTHORITY. The Planning Board of the Township of Green Brook,
unless a different agency is designated in the text of this Ordinance when acting pursuant to the
authority of the Municipal Land use Law.
103.6
CRITICAL AREA. See Article 5, Section 502(d).
103.7
DEVELOPMENT COMMITTEE. The Planning Board Chairman may appoint a
committee of at least three members of the Planning Board, for the purpose of reviewing
subdivision and site plan applications prior to action by the entire Planning Board, to provide
initial review as to whether such applications comply with all ordinance provisions and to make
recommendations to the Planning Board for classification and action. In the event that no such
Development committee shall be appointed, the functions shall be performed by the Planning
Board itself. Such Development Committee shall have no authority to act for the Board nor to bind
the Board, but is merely an initial review and recommendatory body.
103.8
SITE PLAN. “Site plan” means a development plan of one or more lots on which is
shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to
topography, vegetation, drainage, flood plains, marshes and waterways, (2) The location of all
existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices,
and (3) any other information that way be reasonably required in order to make an informed
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determination pursuant to an ordinance requiring review and approval of site plans by the
Planning Board adopted pursuant to Article 6 (C.40:55D-37 et seq.) the Municipal Land Use Law.
“Minor Site Plan” see Section 302.2b.
103.9
SITE TRIANGLE. A triangular area abutting two intersecting streets where vision is
unobstructed. The sight triangle is formed by the intersecting street side lines and & line
connecting a point on each side line a set distance from the intersection.
103.9A
SPECIMEN TREE. Tree(s) which by their singular nature, condition, size, location
and/or appearance, impart particular value to a property or landscape, as determined by the Green
Brook Township Engineer or designated as an “endangered species” as noted on State or National
Registers. The criteria for a specimen tree shall include, but no be limited to, the following:
(i) The tree is rare.
(ii) The tree is more than one hundred years old.
(iii)The tree is of an abnormal height or has an abnormal diameter or drip line for a tree
of its species.
(iv)The quality of the tree foliage is abnormal for a tree of its species.
(v) The location, shade value, fragrance, erosion control, aesthetic features, or scenic
enhancements of such tree is of special importance to the Township.
103.10
STREET. A street shall be defined as set forth in the Municipal Land Use Law.
classifications of streets shall be as follows.
a. Arterial streets are those which are used primarily for fast or heavy traffic.
b. Collector streets are those which carry traffic from minor streets to the major system of
arterial streets including the principal entrance streets of a residential development and streets
for circulation within such a development.
c. Minor streets are those which are used primarily for access to the abutting properties.
d. Marginal service streets are streets which are parallel to and adjacent to arterial streets and
highways; and which provide access to abutting properties and protection from through traffic.
e. Alleys are minor ways which are used primarily for vehicular service access to the back or
the side of properties otherwise abutting on a street. See Section 702.1.
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103.10 A Tree
Any deciduous/coniferous woody perennial plant which reaches a typical mature height of ten feet
or more and having a diameter of 2 ½ inches or greater, measured 4 ½ feet above the ground on
the downhill side.
103.11
SUBDIVISION; RESUBDIVISION; MINOR SUBDIVISION.
(a) “Subdivision” means the division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following shall not be
considered subdivisions within the meaning of this act, if no new streets are created: (1)
divisions of land found by the planning board or subdivision committee thereof appointed by
the chairman to be for agricultural purposes where all resulting parcels or any nearby property,
creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or non-
complying conditions such as insufficient number of shade trees; a layout inconsistent with the
zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location;
inconvenient street system; inadequate utilities such as water, drainage, and sewerage;
unsuitable size, shape and location for any area reserved for public use or land for open space
in a planned development; infringement upon land designated as subject to flooding; and the
creation of conditions leading to soil erosion from wind or water from excavation or grading,
all as set forth in 40:55D-38 and measured against the design and performance standards of
this Ordinance.
(b) “Resubdivision” means (1) the further division or relocation of lot lines of any lot or lots
within a subdivision previously made and approved or recorded according to law or (2) the
alteration of any streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does not include conveyances
so as to combine existing lots by deed or other instruments.
(c) “Minor Subdivision”. A subdivision of land that does not involve (1) the creation of more
than 3 lots, including the remainder of the original lot; (2) planned development as defined in
the Municipal Land Use Law; (3) any new street; or (4) extension of any off-tract
improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land
Use Law (C. 40:55D-42).
104.
COMPLIANCE. All developments resulting from subdivision and site plan approvals shall
comply with all the design and performance standards (Article 7) and requirements of the Zoning
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Ordinance, and conditions imposed by the Approving Authority as shown on the approved plat and/or
included in the resolution adopted by the Approving Authority.
105.
PERMITS. No Zoning Permit, Construction Permit or Certificate of Occupancy [See Art. XII of
the Zoning Ordinance] shall be issued for any parcel of land or structure which was sold or on which
improvements were undertaken in violation of the provisions of this Ordinance or for use of a lot which
was created by subdivision after the effective date of, and not in conformity with the provisions of this
Ordinance. No site improvements such as, but not limited to, excavation or construction of public or
private improvements shall be commenced except in conformance with this Ordinance in accordance with
plat approvals and the issuance of required permits. No Certificate of Occupancy shall be issued where
improvements required under site plan review have not been completed.
106.
EXCEPTIONS.
The Approving Authority, when acting upon applications for preliminary or minor subdivision approval,
and preliminary site plan approval, shall have the power to grant such exceptions from the “Design and
Performance Standards” in Article 7 of this Ordinance as may be reasonable and within the general
purpose and intent of the provisions for subdivision/site plan review and approval, if the literal
enforcement of one or more provisions of this Ordinance is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
In applications for development involving lower income housing, the Approving Authority shall give
particular attention to granting exceptions to such design and performance standards, in accordance with
sound engineering and environmental considerations, where the cost savings from such exceptions may
reduce the cost of construction of the lower income housing. If no cost reduction will result, and the
standards of the first paragraph of this Section 106 (and N.J.S.A. 40:55D-51 a and b) are not determined
to be present, then the design and performance standards of Article 7 shall continue to apply.
107.
PREPARATION OF PLANS BY LICENSED PROFESSIONALS.
Except for plats submitted under the “Informal Discussion” provisions of Article 5, and Sketch Plats of
minor subdivisions and minor site plans, all plans, plats and drawings, and all studies and certifications
which require a particular expertise, shall be prepared by a person licensed by the State of New Jersey to
perform the particular work so presented or certified, and shall bear the seal of such persons. See, for
example, Sections 308.1, 309.1, 309.4, 603(D), and 709.
108.
PUBLIC UTILITIES.
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Where specific data is called for in this Ordinance relating to a public utility installation, such as location
and cross-sections, circuit arrangement, system flow, and the like, and the public utility involved is
electric, gas, water or communications, due consideration shall be given to the Board of Regulatory
Commission guidelines as to proprietary interests of such public utilities concerning system security and
public safety. Information as required by this Ordinance (i.e. Sections 307.1-4, 308.3-6, 308.3-10, and
308.5) is for general review purpose relating to land development as expressed in the Municipal Land Use
Law. Additional information as required by the Township Engineer for review and approval of
construction plans of a developer, which the public utility does not furnish directly to the developer, may
be discussed with and provided by the public utility to the Township Engineer.
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ARTICLE 2
LAND USE BOARD
201.1
Establishment of Land Use Board.
Pursuant to N.J.S.A. 40:55D-25c, the Township of Green Brook hereby creates a nine (9) member
Land Use Board which Board shall have the right to exercise, to the same extent and subject to the
same restrictions,
all of the powers of the Zoning Board of Adjustment.
The Land Use Board shall consist of nine (9) members and four (4) alternate members as hereinafter
set
forth. The members shall consist of the following four classes:
Class I. The Mayor or the Mayor’s designee.
Class II. One of the officials of the municipality other than a member of the governing body to be
appointed by the Mayor.
Class III. A member of the governing body to be appointed by it.
Class IV. Six (6) other residents of the municipality to be appointed by the Mayor. The members of
Class IV shall hold no other municipal office position or employment, except that one (1) member
may be a member of the Historic Preservation commission, and one (1) member may be a member of
the Board of Education and one (1) member must be a member of the Environmental Commission as
required by N.J.S.A. 40:56A-1 provided, however, that if there be any designated Class IV regular or
Class IV alternate members of the Land Use Board being a member of the Historic Preservation
Commission and a member of the Board of Education, then the member of the Environmental
Commission shall be deemed the Class II member of the Land Use Board. The Class IV regular
members shall be appointed and designated as “Seat 1,” “Seat 2,” “Seat 3,” “Seat 4,” “Seat 5,” and
“Seat 6.”
Class IV Alternate Members: Four (4) other municipal residents who may be appointed by the
Mayor. Alternate members shall meet the qualifications of Class IV Regular Members. The alternate
shall be designated by the Mayor at the time of their appointments as “Alternate No. 1", “Alternate
No. 2", “Alternate No. 3", and “Alternate No. 4.”
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201.2 Terms.
The term of the member composing Class I shall correspond with the official tenure of such
member as Mayor. However, if the member is the Mayor’s designee in the absence of the Mayor, the
designee shall serve at the pleasure of the Mayor during the Mayor’s official tenure. The terms of the
members composing Class II and Class III shall be for one year or terminate at the completion of
their respective term of office, whichever occurs first. The term of the Class IV member who is also
a member of the Environmental Commission shall be for three years or terminate at the completion
of his or her term of office as a member the Environmental Commission, whichever occurs first,
except for a Class II member who is also a member of the Environmental Commission. The term of a
Class II or Class IV member who is also a member of the Environmental Commission shall be for
three (3) years or terminate at the completion of his term as a member of the Environmental
Commission, whichever comes first. The term of a Class IV member who is also a member of the
Board of Education shall terminate whenever he is no longer a member of the Board of Education or
at the completion of his Class IV term, whichever comes first.
The terms of all Class IV members of the existing Planning Board shall continue in office in Land
Use Board until the completion of their respective terms. Thereafter all Class IV members shall be
appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from
January 1 of the year in which the appointment is made.
All present Class IV Alternate Members of the Land Use Board shall continue in office until
completion of the terms to which they were appointed. Thereafter, the term of each Class IV
alternate member shall be two years. Alternate members may participate in the discussions of the
proceedings but may not vote except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead of an alternate member. In the
event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
A vacancy occurring otherwise than by expiration of term shall be filled by appointment for the
unexpired term only.
201.3 Vacancies.
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall
be filled by appointment, as above provided, for the unexpired term.
201.4 Removal from office.
Any member other than a Class I member, after a public hearing if he or she requests one, may be
removed by the governing body for cause.
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201.5 Eligibility to vote where hearing missed.
A member of the Planning Board who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one or more of the meetings, providing, however, that such board
member has available to him the transcript or recording of all of the hearing from which he was
absent, and certifies in writing to the board that he has read such transcript or listened to such
recording.
201.6 Organization of Land Use Board.
The Land Use Board shall elect a chairman and vice chairman from the members of Class 1V, select
a secretary who may or may not be a member of the Land Use Board or municipal employee. It may
employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney,
and experts and other staff and services as it may deem necessary not exceeding exclusive gifts or
grants, the amount appropriated by the governing body for its use.
201.7 Powers and Jurisdiction of the Land Use Board.
The Land Use Board shall have the powers listed below in addition to other powers established by
law:
a. Make, adopt and, from time to time, amend a Master Plan for the physical development of the
Township, including any areas outside its boundaries which, in the Board’s judgment, bear essential
relationship to the planning of the Township.
b. Administer the Subdivision and Site Plan Review provisions of the Land Development Ordinance
in accordance with the applicable provisions of said Ordinance.
c. Hear and decide applications for conditional uses in accordance with the applicable provisions of
this Ordinance.
d. Participate in the preparation and review of programs and plans in accordance with N.J.S.A.
40:55D-31 or Federal law or regulation.
e. Assemble data on a continuing basis as part of a continuous planning process.
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f. Annually, at the request of the Township Committee, prepare a program of municipal capital
improvements projects projected over a term of six (6) years and recommend same to the Township
Committee.
g. Consider and report to the Township Committee within thirty-five (35) days after referral as to any
proposed development regulation submitted to it and also pass upon other matters specifically
referred to the Land Use Board by the Township Committee.
h. Perform such other advisory duties as are assigned to it by ordinance or resolution of the
governing body for the aid and assistance of the governing body or other agencies and officers.
201.8 Powers and Duties Generally.
a. The Class I and Class III members of the Land Use Board shall not participate in
consideration of applications for the Board which involve relief pursuant to subsection D of Section
57 of Public 1975, Chapter 291 (N.J.S.A. 55D-70).
b. All powers and responsibility previously established and given to the Zoning Board of
Adjustment by Ordinance and Statute are hereby specifically transferred to the newly created Land
Use Board.
c. The previously established Zoning Board of Adjustment is hereby terminated and abolished as of
the effective date of this Ordinance.
d. Any pending applications before the Zoning Board of Adjustment as of the effective date of this
Ordinance shall be transferred as of that date to the Land Use Board.
201.9 Advisory Committee
The Mayor may appoint one or more persons as a citizens advisory committee to assist or collaborate
with the Land Use Board in its duties, but such person or persons shall have no power to vote or take
other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared and submitted to the Land Use Board an
index of the natural resources of the municipality, the Land Use Board shall make available to the
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Environmental Commission an informational copy of every application for development to the Land
Use Board. Failure of the Land Use Board to act to make such informational copy available to the
Environmental Commission shall not invalidate any hearing or proceeding.
3. Section 202 of Article 2 is hereby deleted in its entirety and replaced with the following:
202.1 Land Use Board to act as Zoning Board of Adjustment.
Pursuant to N.J.S.A. 40:55d-25( c), the Land Use Board shall exercise all of the powers of the Board
of Adjustment. Specifically, the Land Use Board acting pursuant to N.J.S.A. 40:55D-25(c) shall have
the powers set forth in the statutes of the State of New Jersey and herein.
202.2 Rules and Regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the
provisions and purposes of this Ordinance. In the issuance of subpoenas, administration of oaths and
taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.
2A:67A-I et seq.) shall apply.
202.3 Powers Granted by Law
The Land Use Board shall have all such powers as are granted by law and set forth in N.J.S.A. 55D-
70;
a. Hear and decide appeals where it is alleged by the applicant that there is an error in any order,
requirement, decision or refusal made by an official based on or made in the enforcement of the
zoning provisions of this chapter.
b. Hear and decide requests for interpretation of the Zoning Map or the zoning provisions of this
chapter or for decisions upon other special questions upon which the Board is authorized to pass by
any zoning provisions of this chapter or by any duly adopted Official Map.
c. Grant variances pursuant to N.J.S.A. 40:55D-70 as set forth in Sections 202.4 and 202.5 below.
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d. Provide direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or
structure in the bed of a mapped street or public drainage way, flood control basin or public area
reserved pursuant to N.J.S.A. 40:55D-32.
e. Provide direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or
structure not related to a street.
The Class I and Class III members shall not participate in the consideration of applications which
involve relief pursuant to N.J.S.A. 40:55D-70(d).
202.4 General Bulk Variances
a. Pursuant to N.J.S.A. 40:55D-70(c), where (a) by reason of exceptional narrowness, shallowness or
shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or
physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property or the structures lawfully
existing thereon, the strict application of any regulation of this chapter would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such
property, grant, upon an application or an appeal relating to such property, a variance from such
strict application of such regulation so as to relieve such difficulties or hardship;
b. Where, in an application or appeal relating to a specific piece of property, the purposes of this
chapter would be advanced by a deviation from the zoning requirements and the benefits of the
deviation would substantially outweigh any detriment, grant a variance to allow departure from such
zoning requirements;
c. No variance from those departures enumerated in N.J.S.A. 40:55D-70(d) shall be granted under
this subsection.
202.5 Use Variances and Variances from Conditional Use Standards
In particular cases and for special reasons, the Land Use Board may grant a variance to allow
departure from the zoning provisions of this chapter to permit:
a. A use or principal structure in a district restricted against such use or principal structure;
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b. An expansion of a nonconforming use;
c. a deviation from a particular specification or standard set forth in this chapter as pertaining solely
to a conditional use;
d. An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
e. An increase in the permitted density as defined in Section 301.50 of the Zoning Ordinance and in
N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one (1) or
two (2) dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision, in which event applications would be made pursuant to subsection 202.4
hereinabove; or
f. A height of a principal structure which exceeds by ten (10’) feet or ten (10%) percent the
maximum height permitted in the zone district for a principal structure.
A variance under this subsection shall be granted only by affirmative vote of at least five (5)
members of the Board. Pursuant to D.Lobi Ent. V. Planning/Zoning Bd., Sea Bright, 408 N.J.Super.
345 ((App. Div. 2009), when a “d” variance application is heard before the nine member Land Use
Board, the Class I and Class III members, who are prohibited by the statute from considering the
application, may not be replaced by alternatives, and the application must be heard by a seven
member board. If an application for development requests one (1) or more variances but not a
variance for a purpose enumerated in this subsection, the decision on the requested variance or
variances shall be rendered under subsection 202.4 of this chapter.
202.6 Additional Powers.
a. The Land Use Board shall, in addition to the powers specified in Section 202.7, have power given
by law to:
1. Direct issuance of a permit pursuant to section 25 of the Municipal Land Use Law [40:55D-34],
for a building or structure in the bed or a mapped street or public drainage way, flood control basin
or public area reserved on the official map.
2. Direct issuance of a permit pursuant to the Municipal Land Use Law for a building or structure not
related to a street.
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202.7 Power to Reverse or Modify Decisions.
In exercising the above mentioned power, the Land Use Board may, in conformity with the
provisions of C.291, P.L. 1975 or amendments thereto or subsequent statutes applying reverse or
affirm wholly or partly or may modify the other, requirement, decision, or determination appealed
from, and make such other requirement, decision, or determination appealed from, and make such
other requirement, decision or determination as ought to be made, and to that end have all the powers
of the administrative officer from whom the appeal was taken.
202.8 Appeals and Applications to the Land Use Board.
a. Appeals to the Land Use Board may be taken by any interested party affected by any decision of
an administrative officer of the municipality based on or made in the enforcement of the zoning
provisions of this chapter or a duly adopted Official Map. Such appeal shall be taken within twenty
(20) days by filing a notice of appeal with the official from whom the appeal is taken, with three (3)
copies of the notice given to the Secretary of the Land Use Board. The notice shall specify the
grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the
Board all the papers constituting the record upon which the action appealed from was taken.
b. The Land Use Board may reverse or affirm, wholly or in part, or may modify the action, order,
requirement, decision, interpretation or determination appealed from and to that end have all powers
of the municipal official from whom the appeal is taken.
c. An appeal to the Land Use Board shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the municipal official from whose action the
appeal is taken certifies to the Land Use Board, after the notice of appeal shall have been filed with
him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed other than by an order of the
Superior Court upon notice to the municipal official from whom the appeal is taken and due cause
shown.
d. A developer may file an application for development with the Land Use Board for action under
any of its powers without prior application to a municipal official.
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e. The Land Use Board shall act upon any appeal or any application for development within one
hundred twenty (120) days either from the date the appeal is taken from the decision of the municipal
official or from the date the application is certified as a complete application, as the case may be, or
within such further time as may be consented to by the applicant, except that when an applicant
elects to submit separate consecutive applications for use variance approval and site plan,
subdivision or conditional use approval, the one hundred twenty (120) day time period for action
shall
apply to the application for approval of the use variance, and the time period for granting or denying
any subsequent approval shall be as otherwise provided in this chapter.
4. Section 203 of Article 2 of The Land Development Ordinance of the Township of Green Brook
(1982) now entitled “Provisions Applicable to both Planning Board and Board of Adjustment” shall
be re-titled “Provisions Applicable to Land Use Board.”
5. The Revised General Ordinances of the Township of Green Brook and all other
Ordinances of the Township of Green Brook, are hereby supplemented and amended by deleting all
references to the terms “Zoning Board of Adjustment” and “Planning Board” and “Zoning Board”
and replacing same with the term “Land Use Board.”
6. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason,
held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this
Ordinance and they shall remain in full force and effect.
7. In the event of any inconsistencies between the provisions of this Ordinance and any prior
ordinance of the Township of Green Brook, the provisions hereof shall be determined to govern. All
other parts, portions and provisions of the Revised General Ordinances of the Township of Green
Brook are hereby ratified and confirmed, except where inconsistent with the terms hereof.
8. This Ordinance shall take effect immediately upon final passage and publication according to law.
9. Notwithstanding the effective date of this Ordinance, all applications presently pending before the
Township of Green Brook Planning Board and the Township of Green Brook Board of Adjustment
shall be continued until the adoption of the appropriate resolution by the appropriate board.
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203.
PROVISIONS APPLICABLE TO BOTH THE PLANNING BOARD AND ZONING
BOARD OF ADJUSTMENT.
203.1
Conflicts of Interest.
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he
has either directly or indirectly any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the
hearing of such matter nor participate in any discussion or decision relating thereto.
203.2
Meetings.
Each Board shall by its rules fix the time and place for holding its regular meetings for business
authorized to be conducted by such board. Regular meetings of the board shall be scheduled not less
than once a month and shall be held as scheduled unless canceled for lack of applications for
development to process. Each board may provide for special meetings, as the call of the chairman, or
on the request of any two of its members, which shall be held on notice to its members and the public
in accordance with municipal regulations.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by a majority vote of the members of the board present at the meeting,
except as otherwise required by sections 23, 25, 49, 50 and subsections 8e, 17a, 17b and 57d of the
Municipal Land Use Law.
203.3
Minutes.
Minutes of every regular or special meeting shall be kept and, shall include the names of the persons
appearing and addressing the Board and of the persons appearing by attorney, the action taken by the
Board, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made
available for public inspection during normal business hours at the office of the municipal clerk. any
interested party shall have the right to compel production of the minutes for use as evidence in any
legal proceedings concerning the subject matter of such minutes. Such interested party may be
charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
203.4
Conduct of Meetings.
a. Oaths.
The officer presiding at the hearing or such person as he may designate shall
have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the
production of relevant evidence, including witnesses and documents presented by the parties and
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the provisions of the “County and Municipal Investigations Law” C. 38, P.L. 1953 (C. 2A:67A-I
et seq.) shall apply.
b. Testimony.
The testimony of all witnesses relating to an application for development shall be
taken under oath or affirmation by the presiding officer and the right of cross examination shall be
permitted to all interested parties through their attorneys, if represented, or directly if not
represented, subject to the discretion of the presiding officer and to reasonable limitations as to
time and number of witnesses.
c. Evidence.
Technical rules of evidence shall not be applicable to the hearing, but the Board
may exclude irrelevant, immaterial or unduly repetitious evidence.
d. Records.
Each board shall provide - for the verbatim recording of the proceedings by
either stenographer, mechanical or electronic means. The board shall furnish a transcript, or
duplicate recording in lieu thereof, on request to any interested party at his expense. The Board, in
furnishing a transcript of the proceedings to an interested party at his expense shall not charge
such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript
shall be certified in writing by the transcriber to be accurate.
203.5
Decisions.
a.
Each decision on any application for development shall be reduced to writing as provided
in
this subsection, and shall include findings of facts and conclusions based thereon.
b.
Failure of a motion to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the application.
c.
The board may provide such written decision and findings and conclusions either on the
date of the meeting at which the board takes to grant or deny approval, or, if the meeting at which
such action is taken occurs within the final 45 days of the applicable time period for rendering a
decision on the application for development, within 45 days of such meeting by the adoption of a
resolution of Memorialization setting forth the decision and the findings and conclusions of the
board thereon. An action resulting from the failure of a motion to approve an application shall be
memorialized by resolution as provided above, notwithstanding the time at which such action
occurs within the applicable time period for rendering a decision on the application.
d.
The adoption of a resolution of memorialization pursuant to this subsection shall not be
construed to alter the applicable time period for rendering a decision on the application for
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development. Such resolution shall be adopted by a vote of a majority of the members of the board
who voted for the action previously taken, and no other member shall vote thereon. The vote on
such resolution shall be deemed to be a memorialization of an action of the board, and not to be an
action of the board; except that failure to adopt such a resolution within the 45 day period shall
result in the approval of the application for development, notwithstanding any prior action taken
thereon.
e.
Whenever a resolution of memorialization is adopted in accordance with this subsection,
the date of such adoption shall constitute the date of the decision for the purposes of the mailings,
filings and publications required by Section 203.6 of this Ordinance.
203.6
Mailing and publication of decision.
a.
A copy of the decision shall be mailed by the board within 10 days of the date of decision
to the applicant, or if represented then to his attorney, without separate charge, and to all who
request a copy of the decision and have paid the fee established by the Board for such service. A
copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy
of such filed decision available to any interested party upon payment of a fee calculated in the
same manner as those established for copies of other public documents in the Township.
b.
A brief notice of every final decision shall be published in the official newspaper of the
Township. Such publication shall be arranged by the secretary of the Planning Board, or Zoning
Board of Adjustment, as the case may be, without separate charge to the applicant. The period of
time in which an appeal of the decision may he made shall run from the first publication of the
decision.
203.7
Payment of taxes.
Pursuant to the provisions of C. 40:55D-39 and C. 40:55D-65, every application for development
submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are clue or delinquent on the property which is
the subject of such application; or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either board shall be conditioned upon either the
prompt payment of such taxes or assessments, or the making of adequate provision for the payment
thereof in such manner that the municipality will be adequately protected.
203.8
Conditional Approvals.
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a.
Regulations of the development of land and the attachment of reasonable conditions to
development applications is an exercise of valid police power delegated by the state to this
municipality. The applicant has the duty of compliance with reasonable conditions laid down by the
Approving Authority for design, dedication, improvements, and the use of land so as to conform to
the physical and economical development of the municipality and to the safety and general welfare
of the future residents and/or owners in the development and in the community at large.
b.
Where County Planning Board review or approval is required on a subdivision or site plan,
the Approving Authority shall condition any approval it grants upon either timely receipt of a
favorable report by the County Planning Board or approval by the County Planning Board due to its
failure to submit a report within the required time period. If the County Report is negative or
attaches conditions, and is within time, the original action by the Municipal Approving Authority
shall be null arid void and a new resolution shall be adopted which considers the County Planning
Board’s report.
203.9
Use of other Boards and Agencies.
The Approving Authority (whether the Planning Board or the Board of Adjustment) is encouraged to
seek advice from other boards, agencies and departments of the Township, such as the fire company,
police department, Board of Health, Board of Education, and Rescue Squad, with respect to any
application for land development or utilization.
The referral of any matter to any appropriate person or agency shall not extend the period of time
within which the Approving Authority shall act.
204.
EXEMPTIONS.
204.1
Exemptions from Subdivision Regulations.
As provided in the Municipal Land Use Law, the following shall not be considered subdivisions
within the meaning of said Law or this ordinance, if no new streets are created:
(1)
divisions of land found by the Planning Board or Development Committee thereof
appointed by the Chairman to be for agricultural purposes where all resulting parcels are 5 acres or
larger in size;
(2)
divisions of property by testamentary or intestate provisions;
(3)
divisions of property upon court order; and
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(4)
conveyances so as to combine existing lots by deed or other instrument.
The agricultural exemption in subparagraph (1) above shall apply only following submission of
documentation to the Planning Board demonstrating compliance with the intent of the Law, and until
affirmative action of the Planning Board making such determination, no person shall transfer, sell or
agree to transfer or sell, as owner or agent, any land which forms part of a proposed subdivision.
204.2
Exemptions from Site Plan Review Requirements.
An application for a building permit to construct, alter or repair a one or two dwelling-unit building, to
be used exclusively for residential purposes, and located in a Residential District as delineated in The
Zoning Ordinance, shall not require site plan review or approval. All other applications for land
utilization shall require site plan review (See The Zoning Ordinance, Section 1203.2). Note: See Sec.
302.2- b as to Minor Site Plans.
205. TECHNICAL REVIEW COMMITTEE
205.1 There is hereby established a Technical Review Committee (TRC) whose purpose is to review and
approve/disapprove minor site plans and Certificate of Occupancy permits that are deemed by the
TRC to be waived from Site Plan approval from the Planning Board or Zoning Board of
Adjustment. The membership of the Technical Review Committee shall consist of the following
(or their designees):
(1) Chair of the Land Use Board
(1) Vice-Chair of the Land Use Board
(1) Township Engineer
(1) Fire Chief
(1) Construction Official
205.2 The Technical Review Committee shall be subject to the following rules and regulations:
a. All five (5) members of the TRC must vote to approve an application for a site plan to receive
approval. Any application not receiving unanimous approval will be referred to the appropriate
body by the TRC
b. All applications shall be reviewed and voted upon within ten (10) days of the date upon which
they are deemed complete by the Administrative Officer. If not acted upon within this time
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period, the application will be automatically transferred to the appropriate body; or an
extension of time for review by the TRC may be granted by the Applicant.
c. A written resolution shall be prepared for each application that is voted upon.
d. A secretary shall be appointed by the TRC to distribute all plans and applications to the
members, prepare resolutions, and sign off on approved plans. The secretary may perform
other duties as the TRC may assign.
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ARTICLE 3
DEVELOPMENT REVIEW PROCEDURES AND PLAT DETAILS
301.
INTRODUCTION AND PURPOSES.
This Article is to provide the procedures required for subdivision and site plan-review. In addition to the
preliminary and final review procedures outlined in the Municipal Land Use Law, this Article provides
for sketch plat review and the opportunity, in major subdivision and site plan situations, for the developer
to have an informal discussion prior to submission of a format application and prior to the incurring of
substantial engineering expenses.
Site plan approval shall be for the general purpose of enhancing the neighborhood; providing adequate
access to off-street parking and loading facilities for employees, visitors and residents; providing
buffering techniques for safety and/or aesthetic purposes; preventing uses which violate applicable state
and federal safety and environmental regulations; preserving floodways and flood hazard areas; and
requiring that all raw materials, fuel, goods in process, finished goods, machinery arid equipment shall be
housed and/or screened from residential areas.
302.
EXEMPTIONS.
302.1
Exemptions from Subdivision Regulations.
As provided in the Municipal Land Use Law, as amended, the following shall not be considered
subdivisions within the meaning of said Law or this ordinance, if no new streets are created:
(1)
Divisions of land found by the Planning Board or subdivision committee thereof appointed
by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in
size,
(2)
Divisions of property by testamentary or intestate provisions,
(3)
Divisions of property upon court order, including but not limited to judgments of
foreclosure,
(4)
Consolidation of existing lots by deed or other recorded instrument, and
(5)
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the administrative officer to conform
to the requirements of the municipal development regulations (this ordinance and the Zoning
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Ordinance of the Township of Green Brook), and are shown and designated as separate lots, tracts
or parcels on the tax map of the Township of Green Brook.
The agricultural exemption in subparagraph (1) above shall apply only following submission of
documentation to the Planning Board demonstrating compliance with the intent of the Law, and
until affirmative action of the Planning Board making such determination, no person shall transfer,
sell or agree to transfer or sell, as owner or agent, any land which forms part of a proposed
subdivision.
302.2
Exemptions from Site Plan Review Requirements; Minor Site Plans.
a.
Exemptions.
An application for a building permit to construct, alter or repair a one or two dwelling unit
building, to be used exclusively for residential purposes, and located in a Residential District as
delineated in The Zoning Ordinance, shall not require site plan review or approval. All other
applications for land utilization shall require site plan review. (See The Zoning Ordinance, Section
1203.2).
b.
Minor Site Plans.
A “minor site plan” means a development plan of one or more lots which:
(1) Proposed disturbance or proposed structure is less than 2,000 s.f. in total area on a property
that had formerly received site plan approval from either the Planning Board or Zoning
Board of Adjustment, and no additional parking is proposed; and
(2) does not involve a planned development, any new street or extension of any off-tract
improvement which is to be prorated pursuant to section 30 of the Municipal Land Use Law
(40:55D-42);
(3) contains the information reasonably required in order to make an informed determination
as to whether the requirements established by this ordinance for approval of a minor site plan
have been met;
(4) Modification to Parking Lot Striping without expansion of impervious surface area; and
(5) Modification of Parking Lot Lighting Fixtures.
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If the Technical Review Committee (TRC) determines that the application conforms to the definition
of “minor site plan”, that no adverse impacts will occur from such proposed development, the
application does not require any new relief from any provisions of the land development regulations,
and there is no other reason for notice and public hearing, such notice and public hearing may be
waived and minor site plan shall be deemed to be final approval of the site plan, provided that the
TRC may condition such approval on terms ensuring the provisions of improvements pursuant to
Sections 29, 29.1, 29.3, and 41 of the Municipal Land Use Law (40:55-D38, 40:55D-39, 40:55D-41,
and 40:55D-53).;
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a
complete application to the Administrative Officer, or within such further time as may be consented to
by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute
minor site plan approval.
Whenever review or approval of the application by the County Planning Board is required by Section
8 of P.L. 1968, C. 285 (40:27-6.6), the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County Planning Board or approval by
the County Planning Board by its failure to report thereon within the required time period.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon
which minor site plan approval was granted, shall not be changed for a period of 2 years after the date
of Minor site plan approval.
303.
SIMULTANEOUS REVIEW.
The Approving Authority shall have the power to review and approve or deny conditional uses or site
plans simultaneously with a review for subdivision approval without the developer being required to
make further applications, or the Approving Authority being required to hold further hearings. The
longest time period for action by the Approving Authority, whether it be for subdivision, conditional use
or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in
conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the
request for such conditional use.
304.
INFORMAL DISCUSSION.
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304.1
An informal submission is optional. Any person may appear at a regular meeting of the
Approving Authority for informal discussion with reference to an informally prepared plat of
sufficient accuracy to be used for purpose of discussion. The purpose of such a discussion will be to
review overall development concepts in order to assist the applicant in the preparation of subsequent
plans. No decisions will be made and no formal action taken on an informal discussion.
304.2
An informal submission of a site plan shall include sufficient basic data to enable the
Approving Authority and the applicant to comment upon design concepts such as building location,
ingress and egress, parking, major natural features that will have to be recognized or may influence
certain design criteria, and the applicant’s basic intent for water, sewerage, and storm drainage
facilities. Informal submissions are sketches to scale of possible plan(s) for the development of an
area. They are not binding on the Township or upon the developer and do not necessitate accurate
engineered drawings.
305.
SUBMISSION OF SKETCH PLAT.
Whether or not an informal discussion has been held on an application for development
(subdivision and/or site plan review) a sketch plat is required to record in the public record the plan’s
classification and, in the case of a minor site plan or minor subdivision, to take final action on the
application.
305.1
Filing Procedure.
The developer shall file with the Administrative Officer at least twenty (20) calendar days prior to the
meeting of the Approving Authority 10 black on white or blue print copies of the sketch plat, four (4)
completed copies of the application form for sketch plat classification; five (5) copies of covenants,
deed restrictions and easements applying to the land being developed, 3 copies of deeds for any lands
offered to the Township; the applicable fee, and such other data as the Approving Authority may
require.
305.2
Action by the Approving Authority.
305.2-1
The Approving Authority shall review the submission for its completeness and take action
on accepting no later than its first regular meeting following the review period. If incomplete, the
material shall be returned to the developer for a re-submission at least twenty (20) calendar days prior
to a subsequent meeting. If complete, the Approving Authority shall classify the application as a
minor or major development and shall approve, approve with conditions, or deny the application
32
within forty-five (45) days of the date of submission to the Administrative Officer, or within such
further time as may be consented to by the applicant. The decision shall be in writing and shall be sent
to the applicant and the newspaper as required in Section 203.5 and 203.6.
305.2-2
Before any approved sketch plat of a major subdivison or site plan or any approved final
plat of a minor subdivision or site plan is returned to the developer, the administrative officer shall
have sufficient signed copies of the plat (and deed if a deed is also prepared) to forward a copy to each
of the following, retaining one (1) copy for the Approving Authority’s file:
(a)
Township Engineer,
(b)
Construction Official,
(c)
Tax Assessor,
(d)
County Planning Board,
(e)
Township Clerk,
(f)
Township Board of Health.
305.2-3
Approval of a minor subdivision shall expire 190 days from the date of Township approval
unless within such period a plat in conformity with such approval, including any conditions imposed
by the Approving Authority, and in conformity with the provisions of the “Map Filing Law” P.L.
1960, Ch. 141 (46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed
by the developer with the County Recording officer, the Township Engineer and the Township Tax
Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and
secretary of the Approving Authority (or the vice chairman or assistant secretary in their absence,
respectively). In reviewing the application for development for a proposed minor subdivision the
Approving Authority may accept a plat not in conformity with the “Map Filing Law” P.L. 1960, Ch.
141 (46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as
provided herein by plat rather than deed such plat shall conform with the provisions of said act.
In accordance with R.S. 40:55D-54, the County Recording Officer shall notify the Approving
Authority of the filing of any plat within seven (7) days of the filing.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon
which minor subdivision approval was granted, shall not be changed for a period of two (2) years after
33
the date of minor subdivision approval: provided that the approved minor subdivision shall have been
duly recorded.
305.2-4
When the Approving Authority determines that any proposed development may create,
either directly or indirectly, an adverse effect on either the remainder of the property being developed
or nearby property, the Approving Authority may require the developer to review the plat. Where the
remaining portion of the original tract is of sufficient size to be developed or subdivided further, the
developer may be required to submit a sketch plat of the entire remaining portion of the tract to
indicate a feasible plan whereby the design of the proposed development together with subsequent
subdivisions or development will not create, impose, aggravate, or lead to any such adverse effect(s).
305.2-6
If classified as a major development and either approved or approved with conditions as a
major development, a notation to that effect including the date of the Approving Authority’s action
shall be made on all copies of the plat and shall be signed by the chairman and secretary of the
Approving Authority (or the vice chairman or assistant secretary in their absence, respectively) except
that the minor plats shall not be signed until all conditions are incorporated on the plat. All conditions
on minor developments shall be complied with within ninety (90) days of the meeting at which
conditional approval was granted, otherwise the conditional approval shall lapse. If classified as a
major development, sketch plat modifications are not required. Any conditions shall be incorporated
on the preliminary plat.
306.
SUBMISSION OF PRELIMINARY PLAT.
Preliminary plats are required for all major site plans and major subdivisions.
306.1
Filing Procedure.
Any developer shall submit to the administrative officer at least two (2) weeks prior to the meeting
of the Approving Authority, 10 black on white or blueprint copies of the preliminary plat, 4
completed copies of the application form for preliminary approval; 5 copies of any protective
covenants, deed restrictions and easements, applying to the land being developed; 4 copies of the
drainage calculations, Environmental Impact Statement as required in Article 5, and Soil ‘Erosion
and
Sediment Control data as required in Article 4 of this ordinance; the application fee, and
such other data as may be required by the Approving Authority.
306.2
Action by the Approving Authority.
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306.2-1
The submission for preliminary approval of a major subdivision shall be examined
by the Administrative Officer and a determination made as to whether the same constitutes a
‘complete application’ as defined in the Municipal Land Use Law as amended. If the application is
found-to be incomplete, the developer shall be notified in writing of the deficiencies therein by the
board or the board’s designee for the determination of completeness within forty-five (45) days of
submission of such application or it shall be deemed to be properly submitted. If determined to be
a ‘complete application’ a public hearing date shall be set and notice given as required by this
ordinance in Article 10.
306.2-2
Upon submission of a plat and before approval of a plat, the administrative officer
shall submit one (1) copy of the plat and supporting data to the County Planning Board, Township
Engineer, Environmental-Commission, and any other agency or person as directed by the
Approving Authority for their review and action, each shall have thirty (30) days from receipt of
the plat to report to the Approving Authority. In the event of disapproval, such report shall state
the reasons therefore. If any agency or person fails to report to the Approving Authority within the
thirty (30) day period, said plat shall be deemed to have been approved by them. Upon mutual
agreement between the County Planning Board and the Approving Authority, with approval of the
applicant, the thirty (30) day period for a County Planning Board report may be extended for an
additional thirty (30) days and any extension shall so extend the time within which the Approving
Authority is required to act.
306.2-3
If the submission is accepted as a subdivision, the Approving Authority shall grant
or deny preliminary approval of a subdivision often (10) or fewer lots within forty-five (45) days
of the date of such submission or within such further time as may be consented to by the
developer: Upon the submission of a complete application for a subdivision of more than ten (10)
lots, the Approving Authority shall grant or deny preliminary approval within ninety-five (95)
days of the date of such submission or within such further time as may be consented to by the
developer. Otherwise, the Approving Authority shall be deemed to have granted preliminary
approval to the subdivision.
306.2-4
The submission for preliminary approval of a site plan shall be examined by the
Administrative Officer and a determination made as to whether the same constitutes a ‘complete
application’ as defined in the Municipal Land Use Law as amended. If the application is found to
be incomplete, the developer shall be notified in writing of the deficiencies therein by the
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Administrative officer within forty-five (45) days of the submission of such application or it shall
be deemed to be properly submitted.
Upon the submission to the Administrative officer of a complete application for a site plan which
involves ten (10) acres of land or less, and ten (10) dwelling units or less the Planning Board shall
grant or deny preliminary approval within forty-five (45) days of the date of such submission or
within such further time as may be consented to by the developer. Upon the submission of a
complete application for a site plan which involves more than ten (10) acres, or more than ten (10)
dwelling units, the Planning Board shall grant or deny preliminary approval within ninety-five
(95) days of the date of such submission or within such further time as may be consented to by the
developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval
of the site plan.
a.
A site plan for ten (10) acres of land or less: within forty-live (45) days of the date of
submission.
b.
A site plan of more than ten (10) acres: within ninety-five (95) days of the date of
submission.
Before any action is taken on any preliminary site plan containing more than ten (10) acres or for a
site plan containing a flood hazard area, the Approving Authority shall conduct a public hearing as
established in this ordinance. Action may be taken on a preliminary site plan for ten (10) acres of
land or less without a public hearing unless, in the opinion of the Approving Authority, the
proposed use, proposed intensity of development, location of the tract, traffic conditions, or
environmental concerns for a property of ten (10) acres or less are of sufficient concern that the
Approving Authority desires to receive the public’s comments. Where a public hearing is
scheduled for a site plan, no action shall be taken until completion of the public hearing and the
scheduling and notifications for the hearing shall be in accordance with this ordinance.
306.2-5
If the Approving Authority required any substantial amendment in the layout of
Improvements in either a site plan or subdivision as proposed by the developer and that plan had
been the subject of a hearing, an amended application for development shall be submitted and
proceeded upon, as in the case of the original application for development. The Approving
Authority shall, if the proposed development complies with this ordinance, grant preliminary
approval.
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306.2-6
The Approving Authority may approve, disapprove, or approve with conditions the
application, including action on the Environmental Impact Statement in Article 5. such action shall
not take place until after any required public hearing has been conducted. The decision shall be in
writing and shall be sent to the applicant and the newspaper as required by Section 2-3.6. If the
Approving Authority grants preliminary approval, its chairman and secretary (or vice chairman or
assistant secretary in their absence, respectively) and Township Engineer shall sign each page of
the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all
conditions are complied with. If all conditions are not complied with within one hundred eighty
(180) days from the date of the meeting at which a plat was conditionally approved, the
conditional approval shall lapse.
306.2-7
Effect of Preliminary Approval.
Preliminary approval shall, except as provided in paragraph (d) below, confer upon the applicant
the following rights for a three (3) year period from the date of the preliminary approval,
a.
That the general terms and conditions on which preliminary approval was granted shall
not be changed, including but not limited to: use requirements; layout and design standards for
streets; curbs and sidewalks; lot size, yard dimensions and off-tract improvements; any
requirements peculiar to site plan approval; except that nothing herein shall be construed to
prevent the Township from modifying by ordinance such general terms and conditions of
preliminary approval as related to public health and safety; and
b.
That the applicant may submit for final approval on or before the expiration date of
preliminary approval the whole or a section or sections of the preliminary plat; and
c.
That the applicant may apply for and the Approving Authority may grant extensions on
such preliminary approval for additional periods of at least one (1) year but not to exceed a
total extension of two (2) years, provided that if the design standards have been revised by
ordinance, such revised standards may govern.
d.
In the case of a development for an area of fifty (50) acres or more, the Approving
Authority may grant the rights referred to in subsection a, b and c above for such period of
time, longer than three (3) years, as shall be determined by the Approving Authority to be
reasonable taking into consideration (1) the number of dwelling units and nonresidential floor
area permissible under preliminary approval,. and (2) the potential number of dwelling units
and nonresidential floor area of the section(s) awaiting final approval, (3) economic conditions
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and (4) the comprehensiveness of the development, provided that if the design standards have
been revised, such revised standards may govern.
307.
SUBMISSION OF FINAL PLAT
307.1
Filing Procedures.
307.1-1
The developer shall file with the Administrative Officer at least twenty (20)
calendar days prior to the meeting of the Approving Authority, one (1) mylar, two (2) cloth and
black on white or blueprint prints of the plat and 4 completed copies of the application form for
final approval, the performance guarantee including off-tract improvements, if any, any
maintenance guarantees, and the applicable fee.
307.1-2
Letters directed to the Chairman of the Approving Authority and signed by a
responsible office of the water company, and gas, telephone and electric utility that has
jurisdiction in the area, approving each proposed utility installation design and stating who will
construct the facility.
307.1-3
Developer shall file proof that all taxes are paid to date on the property. (see
Section
203.7)
307.1-4
The final plat shall be accompanied by a statement by the Township Engineer that
he is in receipt of a map showing all utilities and other improvements (both in the development
and off-tract improvements) in exact location and elevation, that he has examined the drainage,
erosion, storm water control, and excavation plans and found that the interests of the Township
and of nearby properties are fully protected, and identifying those portions of any improvement
already installed and that the developer has either.
a.
Installed all improvements in accordance with the requirements of this ordinance and
the
preliminary plat approval with a maintenance guarantee accompanying the final plat; or
b.
Posted a performance guarantee in accordance with this ordinance and the preliminary
pint approval for all partially completed improvements or improvements not yet
initiated.
307.2
Action by the Approving Authority.
307.2-1
The Approving Authority shall grant final approval if the detailed drawings,
specifications, and estimates of the application for final approval conform to-the standards
established by ordinance for final approval, the conditions of preliminary approval, and in the case
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of a major subdivision, the standards prescribed by the “Map Filing Law”, 46:23-9.9 et seq.;
provided that in the case of a planned development, the Approving Authority may permit minimal
deviations from the conditions beyond the control of the developer since the date of preliminary
approval without the developer being required to submit another application for development for
preliminary approval.
307.2-2
Final approval shall be granted or denied within forty-five (45) days after submission
of a complete application to the administrative officer, or within such further time as may be
consented to by the applicant. An approved final plat shall be signed by the chairman and
secretary of the Approving Authority (or vice chairman or assistant secretary in their absence,
respectively). Failure of the Approving Authority to act within the period prescribed shall
constitute final approval and a certificate of the administrative officer as to the failure of the
Approving Authority to act shall be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be so accepted by the County Recording Officer for
purposes of filing subdivision plats.
307.2-3
Whenever review or approval of the application by the County Planning Board is
required by 40:27-6.3 or 40:27-6.6, or other statute, the Township Approving Authority shall
condition any approval that it grants upon timely receipt of a favorable report on the application by
the County Planning Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
307.2-4
The zoning requirements applicable to the preliminary approval first granted and all
other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether
conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final
approval. If the developer has followed the standards prescribed for final approval, the Approving
Authority may extend such period of protection for extensions of one (1) year, but not to exceed
three (3) extensions. Upon granting of final approval, the rights conferred upon the applicant by
the granting of preliminary approval shall be terminated upon final approval.
307.2-5
In the case of a subdivision or site plan of one hundred fifty (150) acres or more, the
Approving Authority may grant the rights referred to in the above paragraph for such period of
time longer than two (2) years, as shall be determined by the Approving Authority to be
reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area
permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the
39
development. The developer may apply for thereafter, and the Approving Authority may thereafter
grant, an extension of final approval for such additional period of time as shall be determined by
the Approving Authority to be reasonable taking into consideration (1) the number of dwelling
units and nonresidential floor area permissible under final approval, (2) the number of dwelling
units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the
comprehensiveness of the development.
307.2-6
Upon final approval, the applicant shall provide:
a.
Three (3) sets of final plans and one (1) signed linen and one (1) mylar of the final plan
to
the Township Engineer.
b.
One (1) mylar and opaque linen copies to the County Clerk per law.
c.
One (I) linen to the Township Clerk.
d.
One (1) signed paper print to the Planning Board, Building Inspector, Tax Assessor,
County Planning Board and such other township, county or state officials or other
individuals as directed by the Board.
e.
One (1) set of final plans to the Approval Authority.
307.2-7
Final approval of a major subdivision shall expire ninety-five (95) days from the date
of signing of the plat unless within such period the plat shall have been duly filed by the developer
with the County Recording Officer. The Approving Authority may for good cause shown extend
the period for recording for an additional period not to exceed one hundred ninety (190) days from
the date of signing of the plat. No subdivision plat shall be accepted for filing by the County
Recording Officer until it has been approved by the Approving Authority as indicated on the
instrument by the signature of the Chairman and Secretary of the Approving Authority or a
certificate has been issued as to the failure of the Approving Authority to act within the required
guarantees. If the County Recording Officer records any plat without such approval, such
recording shall be deemed null and void, and upon request of the Township, the plat shall be
expunged from the official records. It shall be the duty of the County Recording Officer to notify
the Approving Authority in writing within seven (7) days of the filing of the plat, identifying such
instrument by its title, date of filing and official number.
308.
PLAT DESIGN STANDARDS FOR SUBDIVISIONS.
308.1
Plat Conformity.
40
No development application shall be accepted unless submitted in plat form and no plat shall be
accepted for consideration unless it conforms to the following requirements as to form, content and
accompanying information, and complies with the provisions of N.J.S.A. 46:23-1 et seq. (Map filing
law), and Section 107 of this ordinance.
308.2
Sketch Plat for Classification.
A sketch plat shall be clearly and legibly drawn at an accurate scale of not less than one (1) inch
equals one hundred (100) feet in order to include the entire tract on one (1) sheet and shall be
based
on a certified boundary survey. Plat shall be presented on sheet(s) of one of the following
dimensions: thirty by forty-two (30 x 42) inches, twenty-four by thirty-six (24 x 36) inches,
eighteen by twenty-four (18 x 24) inches, fifteen by twenty-one (15 x 21) inches, twelve by eighteen
(12 x 18) inches, nine by twelve (9 x 12) inches or eight and one-half by thirteen (8 1/2 x 13) inches.
The plat shall be designed in compliance with the provisions of Article I and shall include a key
map with North arrow showing the entire subdivision and its relation to surrounding areas at a scale
of not less than one (1) inch equals one thousand (1,000) feet, together with the following
information:
308.2-1
The boundary and acreage of the original tract measured to the nearest-one-hundredth
(0.01) of an acre; the number, acreage and configuration of all lots being created: the area of each
lot correct to one-tenth (0.1) of an acre; all existing and proposed lot lines correct to one (1) foot.
If the plat is to be submitted for approval as a minor subdivision, existing lot lines as well as
proposed lot lines shall be accurately shown by precise metes and bounds, distances to nearest
0.01 ft.
308.2-2
All existing buildings and structures and their use(s), with the shortest distance from
existing building(s) to any proposed or existing lot line, and wooded areas, rock outcrops, streams,
lakes, drainage rights-of-way and streets within the limits of the tract(s) being subdivided and
within two hundred (200) feet thereof, including the location, width and direction of flow of all
streams, brooks, drainage structures and drainage rights of way. Any existing features to be
removed or relocated shall be indicated. Flood hazard area lines and wetlands and swamps within
the tract shall be shown, as well as contours, inside the tract and within fifty (50) feet of its
boundaries, at sufficient intervals to determine the general surface drainage.
308.2-3
The existing and proposed rights-of-way with dimensions of all easements, sight
triangles and all streets within the premises and within two hundred (200) feet thereof, together
41
with existing driveways, street names and the purpose of any easement, The type of street surface
material and existing utilities within two hundred (200) feet of the tract shall be shown, including
at least one (1) street intersection using the foreshortened tie distance when same is remote from
the property in question.
308.2-4
The Tax Map sheet, block and lot number for the tract and all adjacent lots; the name
of the owner and all adjoining property owners as disclosed by the most recent township tax
records; date, title, graphic scale, North arrow and space for the subdivision application number;
zoning district(s), and if the property lies in more than one zoning district, the plat shall indicate
all the zoning district lines; and the name, address, phone number and signature of the owner,
subdivider and person preparing the plat.
308.2-5
When on-lot water and/or on-lot sewage disposal are proposed, the plat shall be
accompanied by the results of percolation tests. A minimum of two percolation tests shall have
been located on each proposed lot at the site of a potential or proposed septic tank and appropriate
additional locations in the leeching field and shall be approved by the Board of Health. The
percolation tests shall include all required data including, but not limited to, the date of the tests,
the location of each test shown on the plat, soil lot at least ten (10) feet below finished grade,
ground water level, the rate of percolation, the weather conditions prevailing at the time of the
tests, as well as for the preceding 48 hours, and the layout and grades for the proposed septic field.
The tests shall be performed at applicant’s expense. Each lot proposed shall show the location of
the proposed individual water supply and its location relative to the sewage disposal system.
The foregoing data is required in all such cases, whether or not construction on the lot in the
immediate future is contemplated or not, in order to protect prospective purchasers of such lot and
in order not to place the Township in the position of permitting a subdivision upon which there is
no reasonable prospect of building.
Approval of a subdivision based upon such percolation data submitted by the applicant, however,
shall constitute no guarantee by the Township that percolation standards may not be changed, or
that percolation may be accomplished at the time of the application for construction, or that an
individual sewage disposal system and/or water supply will function satisfactorily on such
property, or that the lot will meet the requirements for issuance of a construction permit at the time
of application therefore.
308.3
Preliminary Plat of Major Subdivision.
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The preliminary plat shall be titled as such and shall be clearly and legibly drawn by a licensed
New Jersey engineer and/or land surveyor and shall be based on a certified boundary survey by a
licensed New Jersey land surveyor, at a scale of not less than one (1) inch equals fifty (50) feet,
and
shall include a key map with North arrow showing the entire subdivision and its relation to
surrounding areas at a scale of not less than one (1) inch equals one thousand (1,000) feet. Plats
shall
be presented on sheets of one of the following dimensions: 30" x 42", 24" x 36", 18" x 24",
15" x 21", 9" x 12", 12" x 18", or 8-1/2" x 13". If more than one (1) sheet is required to show the
entire
subdivision, a separate composite map shall be drawn showing the entire subdivision and
the sheets on which the various sections are shown, and each detail sheet shall include a key map
showing its
relation to the whole tract. The plat shall consist of as many separate maps as are
necessary to
properly evaluate the site and the proposed work. The plat shall be designed in
compliance with the
provisions of Article 7 and shall show or be accompanied by the following
information.
308.3-1
A title containing the name of the subdivision; the name of the township, county and
state; Tax Map sheet, block and lot number, date of preparation and most recent revision, North
arrow, written and graphic scales; the names, addresses, phone numbers and signatures of the
Owner, subdivider and person(s) who prepared the plat(s) including the seal of the letter; the
names of all property owners within two hundred (200) feet of the extreme limits of the
subdivision; and space for the subdivision application number.
308.3-2
The boundary and acreage of the original tract measured to the nearest one-hundredth
(0.01) of an acre; the number, acreage and configuration of all lots being created; the area of each
lot correct to one-tenth (0.1) of an acre; all existing and proposed lot lines correct to 0.01 feet.
308.3-3
A map showing existing and proposed elevations and contour lines over the entire area
of the proposed subdivision, together with watercourses and an indication of the final disposal of
the surface waters. All elevations shall be related to two (2) permanent bench marks identified on
the plan. Contours shall be shown at not more than two foot intervals for areas with less than a
ten-percent slope, five-foot intervals for areas with ten or twenty-percent slopes, and ten or
twenty-foot intervals for areas with slopes-in excess of twenty percent (20%). For tracts containing
slopes in more than one (1) category, the subdivider shall show contour lines at the most
restrictive interval throughout the tract unless specifically waived by the Approving Authority in
43
lieu of some other satisfactory contour interval and topographic data to meet the objectives of this
Ordinance, such topographic data shall be shown within 200' of the tract boundaries.
308.3-4
The locations and dimensions of railroad rights-of-way, bridges and natural features,
such as soil types, wooded area, lakes, rock outcroppings and views within the subdivision, and
the locations of individual trees outside wooded areas having a minimum caliper of six (6) inches.
The proposed location of shade trees to be provided by the subdivider shall also be shown. Soil
types shown shall be based on United States Soil Conservation categories.
308.3-5
All existing and proposed watercourses, including lakes, ponds and marsh areas,
accompanied by the following information or data:
(a)
When a running stream with a drainage area of one-half (1/2) square mile or greater is
proposed for alteration, improvement, or relocation, or when a structure or fill is proposed
over, under, in or along such a running stream, evidence of approval, required alterations, lack
of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and
Supply or such agency having jurisdiction shall accompany the application.
(b)
Profiles and cross sections at fifty-foot intervals of watercourses, at an appropriate
scale, showing the extent of the flood fringe area, top of bank, normal water level and bottom
elevations of all watercourses on or within five hundred (500) feet of the subdivision.
(c)
When ditches, streams, brooks or watercourses are to be altered, improved or relocated,
the method of stabilizing slopes and the measures to control erosion and siltation during
construction, as well as typical ditch sections and profiles, shall be shown on the plan or
accompany it.
(d)
The total upstream acreage in the drainage basin of any watercourse running through or
adjacent to a subdivision including the distance and average slope upstream to the basin ridge
line.
(e)
The total acreage in the drainage basin to the nearest downstream drainage structure
and the acreage of that portion of the subdivision which drains to the structure, including the
distance and average slope downstream to the structure.
(f)
The location and extent of drainage and conservation easements and floodway and
flood hazard area limits.
44
(g)
The location, extent and water level elevation of all existing or proposed lakes or ponds
on or within five hundred (500) feet of the subdivision.
(h)
Plan, profile drawings and computations for any storm drainage systems, including:
(i) All existing and/or proposed storm water lines on site or within five hundred (500)
feet of the subdivision, showing size, profile and slope of the lines, the location of each
inlet, manhole or other appurtenance and the pipe material type, strength class or
thickness and bedding type.
(ii) The location and extent of any proposed dry wells, groundwater recharge basins,
detention basins, flood control devices, sedimentation basins and other water
conservation devices.
308.3-6
The names, locations and dimensions of all existing streets within a distance of two
hundred (200) feet of the subdivision, including at least one (1) street intersection and showing
existing driveways and any connections proposed by the subdivision to existing streets, sidewalks
and bike routes outside the subdivision; plans, cross sections, center-line profiles, proposed grades
and standard details of all proposed streets, including full details of other utility improvements
within or adjacent to the street right-of-way, including sanitary sewers, curbing, sidewalks, storm
drains and water, gas and electric facilities. Typical street cross sections shall indicate the type and
width of pavement and the location of curbs, sidewalks, bike routes, sewers, drains, water and gas
mains, electric and telephone facilities and appurtenances and shade tree planting. At intersections,
the sight triangles, radii of curb lines and the location of street signs and traffic control devices
shall be clearly indicated. Horizontal scale shall not be less than one (1) inch equals forty (40) feet.
308.3-7
The names, location, right-of-way widths and purpose(s) of existing and proposed
easements and other rights-of-way in the subdivision, and the location and description of all
existing or proposed boundary control monuments and pipes.
308.3-8
All proposed lot lines, including existing lot lines to remain and those to be eliminated,
and all set back lines required by the Zoning Ordinance, with the dimensions thereof. Any lot(s) to
be reserved or dedicated to public use shall be identified and shall show proposed improvements,
such as but not limited to landscaping, grading, walkways and recreation facilities, if any. Each
block shall be numbered and the lots within each block shall be numbered consecutively
beginning with number one (1), as acceptable to the Township Engineer.
45
308.3-9
Locations of all existing structures and their use(s) in the tract and within two hundred
(200) feet thereof, showing existing and proposed front, rear and side yard setback distances and
an indication of all existing structures and uses to be retained and those to be removed.
308.3-10 Plans and profiles of proposed on-site, offsite and of off-tract improvements and utility
layouts (sanitary sewers, storm sewers, erosion control and landscaping, storm-water control,
sedimentation basin, excavation, water mains, gas, telephone, electricity, etc.), showing location,
size, slope, pumping stations and other details as well as feasible connections to any existing or
proposed utility systems. If private utilities are proposed, they shall comply fully with all
township, county and state regulations. If service is to be provided by an existing utility company,
a letter from that company shall be submitted, stating that service will be available before
occupancy of any proposed structures. When on lot water or sewage disposal is proposed, the plan
for such system shall be approved by the appropriate township and state agencies and the results
of percolation tests shall be submitted with the preliminary plat in accordance with the procedures
outlined in this ordinance.
308.3-11
Zoning district(s); and if the property lies in more than one (1) zoning district, the
plat shall indicate the zoning district lines.
308.3-12
Minimum front, rear and side yard setback lines for the zone.
46
308.3-13 Tree Removal
A)
The square footage of all land to be non-wooded following development (to be used in
Section 702.12C(d). The non-wooded area shall be computed by using the total lot area
and
reducing it by the following:
a)
Pre-developed wooded area (to remain undeveloped).
b)
1600 square feet for each isolated tree to remain.
c)
2500 square feet for the building
B)
Locations of all trees or wooded areas.
C)
Approximate number of trees per acre.
D)
Species substantially involved.
E)
Location and listing of trees to be removed.
F)
Applicability. This Ordinance shall be applicable to all existing property in the Township
of
Green Brook, whether developed or undeveloped, where either the owner or someone at
the
owner’s direction or with the owner’s consent shall remove one or more specimen trees as
hereinafter defined from the said premises. This Ordinance shall not apply to the removal
of
specimen trees pursuant to any application before the Green Brook Planning Board or the
Green Brook Board of Adjustment pending o the effective date hereof provided the
application has been deemed complete within the meaning of N.J.S.A. 40:55D-10.3 and all
filing fees and escrows relative to the same have been paid. Also excluded from the
provisions of this subsection is any unimproved property for which development has been
approved by action of the Planning Board or Board of Adjustment which approval
postdates
the enactment of the Ordinance known and designated as “The Zoning Ordinance
of Green
Brook (1987)” and the removal of any specimen trees from the building envelope
as
designated in any pending or future development application.
47
308.4 Final Flat of Major Subdivision.
The final plat shall be prepared in compliance with the provisions of the Map Filing Law
(N.J.S.A. 46:23-9.9 et seq.), as amended; and shall conform to the following
standards and particulars and be accompanied by final plans in accordance with subsection E of
this section.
308.4-1
The plat shall be prepared and submitted on a sheet of standard size (twenty-four by
thirty-six (24x36) inches or thirty by forty-two (30x42) inches, including a margin of at least one-
half (1/2) inch and be drawn at a-scale of one (1) inch equals one hundred (100) feet, except that a
scale of one (1) inch equals fifty (50) feet or larger shall be used where necessary and at special
details to provide fully intelligible and legible information throughout. When the overall size of
development or the owner’s desire to submit final plans in sections will result in more than one (1)
sheet, individual sheets or sections shall be numbered, match lines or boundaries with adjacent
sheets or sections shall be provided and each sheet shall contain an acceptable key map of the
entire tract showing the relation and orientation of the subject to adjacent sections and the total
development.
308.4-2
The original plat shall be prepared in waterproof black ink on mylar under the
immediate supervision of and in accordance with the computations of a land surveyor licensed to
practice in the State of New Jersey. The original and all submitted black-line prints, translucent
mylar, translucent linen and opaque linen copies shall be hand signed and sealed by the
responsible surveyor.
308.4-3
The fieldwork for the basic boundary survey shall be precise, with a linear error of
closure not to exceed one (1) part in ten thousand (10,000) before adjustment. Angular error of
closure shall not exceed fifteen (15) seconds times the square root of n (where “n” equals the
number of sides). Fieldwork meeting these standards shall be adjusted and balanced by the
compass rule, transit rule or least square analysis, as considered appropriate by the responsible
surveyor. All existing boundary evidence for the property in question and/or adjacent properties
shall be clearly shown in relation to the boundaries of the property in question. All exterior
boundaries shall be clearly identified by bearings precise to the nearest one (1) second of arc and
distances precise to the nearest one hundredth (0.01) of a foot. Permanent concrete monuments
conforming to state statutes and extending not less than thirty (30) inches below grade nor more
48
than one (1) inch above shall be indicated on the plat and precisely set in the field along the tract
boundary at all corner, sidelines of proposed streets and beginning and ending points of all
horizontal curves. Inaccessible corners shall be provided with two (2) offset reference monuments
clearly defined on the plat. Additional point-on-line monuments as necessary shall be installed in
the field and identified on the plat whenever topographic conditions do not permit corner-to-corner
visibility. Unless specifically waived by the Township Engineer for due cause, the boundaries of
all final plats shall be based on the United States Geological Survey bearing datum and all
boundary monuments shall be coordinated on the New Jersey plane coordinate system, with North
and East coordinates for each monument and corner shown on the plat. The gross tract area and
the area of each interior parcel, including parcels dedicated to public use, shall be calculated and
shown to the nearest thousandth of an acre or the nearest ten (10) square feet.
308.4-4
The metes and bounds for all interior parcels, streets and/or easements dedicated to
public use shall be calculated to the same order of precision and shown on the plat as above
described for the tract boundary. Interior monuments shall be indicated on the plat and installed in
the field along one (1) side of all street rights-of-way, at all corners of parcels dedicated to public
use and at such other additional locations incident to topographic conditions and other factors as
the Township Engineer may find essential to the public interest. Due to the high potential for
disturbance or destruction during construction, the installation of interior monuments may be-
deferred until the completion of final grading and seeding, subject to posting-of acceptable
performance guarantee.
308.4-5
In addition to tract, lot and street boundary lines above described, the final plat shall
identify and provide precise metes and bounds for all necessary easements, sight triangles and
other reservations for public or quasi-public use. The grantee of any such public or quasi-public
dedication shall be identified on the plat.
308.4-6
The following circular curve data shall be provided for all curvilinear boundaries and
street center lines: radius, central angle, tangent distance, chord distance, chord bearing and arc
length. Distances shall be shown to the nearest one-hundredth (1/100) foot. Angles and bearings
shall be shown to the nearest one (1) second of arc.
308.4-7
Block and lot numbers shall be shown on the final plat in accordance with established
standards in conformity with the Township Tax Assessment Map as approved by the Township
Engineer.
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308.4-8
Title block in the lower right-hand portion of the sheet shall include:
(a)
The name (and section, where applicable) of the plat.
(b)
The current tax assessment block(s) and lot(s) numbers.
(c)
The name of the municipality, county and state.
(d)
Names and addresses of the owner, applicant and responsible surveyor.
(e)
The date of preparation (and revisions, if any).
(f)
The plat scale.
(g)
Graphic scale.
308.4-9
Bearing datum North (map datum) and true North arrows shall be provided, including
the angular difference between map North and true North.
308.4-10 All street names shall be shown, acceptable to the Approving Authority.
308.4-11 The plat shall contain the following endorsements:
(a)
Certification by the responsible surveyor that the map was prepared under his/her
supervision and is in compliance with state statutes and local ordinances, such certification to
be signed, sealed and dated by the responsible surveyor.
(b)
Certification by the owner(s) that the plat is in accordance with their free consent and
express desires, including their consent to filing, such certification to be signed, dated and
sealed by the owner(s) and witness(s). In’ the case of individual ownership, signature shall be
certified by a notary; if a partnership, by all partners and certified by a notary; if a corporation,
by an authorized principal of the corporation, certified by the corporate secretary and sealed
with the corporate seal. The name and position of each signature party shall be legibly printed
below each signature.
(c)
Signature block with places to be signed and dated by the Chairman and Secretary of
the Approving Authority.
(d)
Certification that all new streets and easements have been approved by the Township
Committee and that bonds have been given to the Township guaranteeing the completion of
improvements to same, such certification to be signed, dated and sealed by the Township
Clerk.
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(e)
Certification of compliance with “Map Filing Law”, applicable local ordinances and
regulations, signed and dated by the Township Engineer.
(f)
Certification of. compliance with state statutes and approval to file in the County
Clerk’s office within ninety-five (95) days of approval, such certification to be signed, dated
and sealed by the Township Clerk.
(g)
Certification that bond has been given to the township guaranteeing the future setting
of monuments (if any not previously set), such certification to be signed, dated and sealed by
the Township Clerk.
(h)
Other appropriate notes regarding the dedication of public or private roads, easements,
recreation areas, etc., and reference to related deeds of conveyance, such notes to be signed,
dated and sealed by the owner.
(i)
Signature block for certification by the County Planning Board.
(j)
Recording block for use by the County Clerk, with space to insert map number, date
and time of filing.
308.4-12
Minimum building setback lines shall be shown for each lot. The names and block,
lot and property lines of adjoining owners shall be shown, as disclosed by the current tax
assessment records.
308.5
Final Plans Accompanying Final Plat.
308.5-1
Submission of the final plat shall be accompanied by final plans and other relevant
supporting materials, including the following:
(a)
Plans, profiles and cross sections, as appropriate, for all new streets, including all
utilities and street improvements; public utility easements; site grading and drainage, including
detail plans for stormwater detention facilities or stream encroachment as approved by the
County Engineer and/or State Department of Environmental Protection, Division of Water
Resources; and sanitary sewerage plans as approved by the Township Engineer.
(b)
Copies of all required permits or relevant agreements for proposed utility
improvements related to drainage, sewerage, gas, water, electric, telephone or other facilities.
(c)
Copies of proposed deeds of conveyance for all new streets, sight triangles, easements,
recreation parcels, school sites and/or other land restrictions.
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(d)
Design calculations for sanitary sewerage and storm drainage facilities, signed, dated
and sealed by the responsible project engineer.
308.5-2
Plats shall be standard size (twenty-four by thirty-six (24 x 36) inches or thirty by
forty-two (30 x 42) inches) and shall be drawn to an appropriate scale necessary to clearly show
the scope and detail of the proposed work sufficient for the Township Engineer to make a
quantitative engineering analysis and to assure proper construction in accordance with township
standards. A standard size cover sheet shall be provided which shall include, as a minimum:
(a)
A key map, at a scale not greater than one (1) inch equals one thousand (1,000) feet, of
the property in question and all adjacent lots, streets and watercourses within two thousand
(2,000) feet of the property boundaries.
(b)
A general location plan, at a scale not greater than one (1) inch equals two hundred
(200) feet, of the property in question, showing proposed streets and utility systems.
(c)
Index for the complete set of plans.
309.
PLAT DESIGN STANDARDS FOR SITE PLANS.
309.1
Plat Conformity.
No development application shall be accepted unless submitted in plat form and no plat shall be
accepted for consideration unless it conforms to the following requirements as to form, content and
accompanying information, and shall conform to Section 107 of this Ordinance.
309.2
Sketch Plan for Classification and Approval shall include the same data as required in
Section 308.2 except that the graphic scale shall be 1"=10', 20', 30', 40' or 50'. This submission shall
also show the applicable data called for in the Building and Use Plan, Circulation Plan, Natural
Resources Plan, Facilities Plan, and Flood Hazard Area Considerations in Section 309.5 except that an
Environmental Impact Statement may be waived or modified by the Approving Authority as may be
the requirements for the amount of detail in the plans listed above. If the submission is classified as a
minor site plan, final action may be taken on the sketch plat.
309.3
A Sketch Plat of a Major Site Plan shall show to scale the lot lines, propose building(s),
proposed use(s), parking, loading, on-site circulation, driveways, streams, approximate floor hazard
area, wooded areas, contours based on U.S.G.S. or similar available datum, approximate on-site or on-
tract, storm water detention facilities, and water and sewer service. The scale shall be 1"=10', 20', 30',
40' or 50'.
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309.4
Preliminary Site Plan Plat.
309.4-1
Each site plan shall be submitted at a scale of 1" = 10', 20', 30', 40' or 50'. All plats
shall be submitted on one of the following standard sheet sizes 30"x 42", 24" x 36", 18" x 24", 15"
x 21", 9" x 12", 12" x 18", or 8-1/2" x 13". If one sheet is not sufficient to contain the entire
territory of the tract, the tract may be divided into sections to be shown on separate sheets of equal
sizes, all sheets with the same scale, with references on each sheet to the adjoining sheets,
provided that one sheet at a smaller scale is attached which shows the entire project on one sheet
of the same size. See Section 107.
309.4-2
Each plan shall include the following data:
(a)
Name of the development.
(b)
Appropriate places for the signatures of the Approving Authority Chairman and
Secretary, the dates of the official Approving Authority actions and dates of the signatures.
(c)
A small key map giving the general location of the tract in relation to the remainder of
the community.
(d)
Zone district(s) in which the lot (s are) is located.
(e)
North Arrow,
(f)
Date of the original plan and each subsequent revision date.
(g)
Graphic scale.
(h)
Total tract acreage to one one-hundredth (1/100) of an acre.
(i)
An outbounds survey of the tract certified by a licensed land surveyor.
(j)
Existing and proposed streets and street names.
(k)
Existing and proposed streams and easements.
(l)
Flood hazard areas based on one-hundred-year-plus storms.
(m)
All dimensions and areas needed to confirm conformity, to this ordinance, such as but
not limited to building area, lot lines, parking and loading spaces, setbacks, buffers and yards.
(n)
The site in relation to all remaining contiguous lands in the applicant’s or owner’s
ownership.
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(o)
All roads, driveways, watercourses and existing buildings within two hundred (200)
feet of the tract.
309.5
Site Plan Information for Preliminary and Final Approval.
Each site plan shall have the following information shown thereon or be annexed thereto and shall be
designed to comply with the applicable Design and Performance Standards (Article 7) and the Zoning
Ordinance.
309.5-1 Building and Use Plan.
This plan shall show the size, height, location, arrangement
and use of all existing and proposed structures and signs, including proposed total building
coverage in acres or square footage and percent of the lot coverage, with an architect’s sealed
elevations of the front, side and rear of any structure and sign to be erected or modified to the
extent necessary to apprise the Approving Authority of the slope of the proposed work. Any
existing structures on the site shall be identified as either to remain or to be removed. There shall
be included a written description of the proposed use(s) and operation(s) of the building(s),
including the number of employees or members of nonresidential buildings; the proposed number
of nonresidential buildings; the proposed number of shifts to be worked and maximum employees
of each shift; expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat,
odor, air and water pollution; safety hazard; and anticipated expansion plans incorporated in the
building design. Floor plans shall be submitted where more than one (1) use is proposed with
different parking standards.
309.5-2 Circulation Plan.
This plan shall show access streets and street names,
acceleration/deceleration lanes, access points to public streets, sight triangles, traffic
channelization, easements, fire lane, driveways, aisles and lanes, curbs, curb cuts with ramps for
handicapped persons, number and location of parking and loading spaces (including the
designated wider spaces for the handicapped, loading berths or docks, pedestrian walks, provisions
for handicapped as required by the “Barrier Free Regulations”, and all related facilities for the
movement and storage of goods, vehicles and persons on the site, and including lights, lighting
standards, signs and drive ways within the tract. Sidewalks shall be shown from each entrance/exit
along expected paths of pedestrian driveways, other buildings on the site and across common yard
areas between buildings. Plans shall be accompanied by cross sections of new streets, aisles, lanes,
driveways and sidewalks. Any expansion plans for the proposed use shall show feasible parking
and loading expansion plans to accompany building expansion.
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309.5-3
Natural Resources Plan.
(a)
This plan shall show existing and proposed wooded areas, buffer areas (including the
intended screening devices and buffers), grading at two-foot contour intervals inside the tract
and within fifty (50) feet of its boundaries, seeded and/or sodded areas, ground cover, retaining
walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. This
plan shall also show the location and type of man-made improvements and the location,
species and caliber, and height of plant material and trees to be located on the tract. The plan
shall show how the interior of paved areas, such as parking lots, shall be landscaped, and all
portions of the property not utilized by building or paved surfaces shall be landscaped,
utilizing combinations such as landscaping fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of coniferous and/or deciduous trees
native to the area, in order to maintain or reestablish the tone of the vegetation in the area and
lessen the visual impact of the structures and paved areas. The established grades and
landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes.
The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion
and siltation as well as to assure that the capacity of any downstream natural or manmade
drainage system is sufficient to handle the water from the site and contributing upstream areas.
(b)
A separate written environmental impact statement shall be submitted, which shall
comply with the requirements of the Environmental Impact Statement Article 5. Maps and
data shall be submitted where required by Articles 5 and 6 of this Ordinance, or any provision
of the zoning ordinance.
309.5-4 Facilities plan
The plan shall show the existing and proposed locations of all
drainage, open space, common property; fire, gas, electric, telephone, sewerage and water line
locations; and solid waste collection and disposal methods, including proposed grades, sizes,
capacities and materials to be used for facilities installed by the applicant. All easements acquired
or required on the tract and across adjacent properties shall be shown, and copies of legal
documentation that support the granting of an easement by an adjoining property owner shall be
included. The method of sanitary waste disposal shall be shown. All proposed lighting shall be
shown, including the direction angle, height and reflection of each source of light. All utilities
shall be installed underground.
309.5-5 Tree Removal
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A)
The square footage of all land to be non-wooded following development (to be used in
Section 702.12C(d). The non-wooded area shall be computed by using the total lot area
and
reducing it by the following:
a)
Pre-developed wooded area (to remain undeveloped).
b)
1600 square feet for each isolated tree to remain.
c)
2500 square feet for the building
B)
Locations of all trees or wooded areas.
C)
Approximate number of trees per acre.
D)
Species substantially involved.
E)
Location and listing of trees to be removed.
F)
Applicability. This Ordinance shall be applicable to all existing property in the Township
of
Green Brook, whether developed or undeveloped, where either the owner or someone at
the
owner’s direction or with the owner’s consent shall remove one or more specimen trees as
hereinafter defined from the said premises. This Ordinance shall not apply to the removal
of
specimen trees pursuant to any application before the Green Brook Planning Board or the
Green Brook Board of Adjustment pending o the effective date hereof provided the
application has been deemed complete within the meaning of N.J.S.A. 40:55D-10.3 and all
filing fees and escrows relative to the same have been paid. Also excluded from the
provisions of this subsection is any unimproved property for which development has been
approved by action of the Planning Board or Board of Adjustment which approval
postdates
the enactment of the Ordinance known and designated as “The Zoning Ordinance
of Green
Brook (1987)” and the removal of any specimen trees from the building envelope
as
designated in any pending or future development application.
309.6 Final Site Plan Flat.
The final plan shall include all data required on the preliminary site
plan plat drawn to incorporate all changes required as a condition of preliminary approval and drawn
by persons and to specifications as required to the preliminary site plan, the Approving Authority may
waive the filing of a final site plan and may treat the preliminary as the final. The final plat shall
reflect all changes on the site from that shown on the preliminary plat, including “as built” as to any
improvements to the site done before final approval.
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310.
PLANNING BOARD IN “USE VARIANCE” PROCEDURE.
Whenever an application or appeal is made for a variance to allow a structure or use in a district restricted
against such structure or use, one copy of the application and supporting documents shall be forwarded by
the Administrative Officer to the Planning Board, together with a notice of the hearing date. The Planning
Board shall review the material and may make recommendations to the Board of Adjustment at the public
hearing on the application. The Planning Boards recommendations may contain, among other things, the
Planning Board’s opinion as to the compatibility of the proposal to the master plan; applications which
may have been or are currently being processed by the Planning Board for similar uses elsewhere in the
Township; land use, traffic and other data relevant to the application which the Planning Board has in its
files; and what conditions, if any, the Planning Board would recommend be imposed on the applicant to
improve compatibility with the master plan and zoning ordinance should the Board of Adjustment grant
the variance, In view of the fact that such application for a use variance to the Board of Adjustment may
vest jurisdiction in the Board of Adjustment to review site plan and/or subdivision in connection with the
subject property, the Planning Board may also communicate to the Board of Adjustment the
recommendations of the Planning Board relative to-site plan and/or subdivision.
311.
APPLICATION TO PLANNING BOARD FOR CERTIFICATE OF OCCUPANCY.
Upon application to the administrative officer, Planning Board approval for a Certificate of
Occupancy may be waived for any change in tenant or occupant where the change does not require
relief from any provisions of this Ordinance, where the property had previously received Site Plan
approval from the Planning Board or Zoning Board of Adjustment, and where the Technical Review
Committee (TRC) has determined that no adverse impacts will occur from such proposed
development and the amount and size of parking existing is sufficient for the proposed use.
311.1
Offices (including Professional Offices):
1.
Plan of entire building with location of office or suite clearly delineated, if two-story
building. the plan should be of the floor the applicant’s office or suite will occupy and clearly
marked “first floor, second floor, basement”, etc., and the name of the office complex shown on
the plan.
2.
Floor plan of the space to be occupied with the following:
a.
The overall dimensions of the perimeter of the area and the gross square footage of the
area to be occupied.
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b.
All existing partitions to be removed should be shown dotted and all new partitions
shown with heavy solid lines. All new partitions and rooms created should be dimensioned.
c.
The use of existing rooms and new rooms should be indicated on the
plan, including lavatories, closets, storage, etc.
d.
All depths of built-in counters and cabinetry from wall anchorage should be shown on
the plan, as well as all distances between counters and cabinets and chairs, tables, etc., located
in these areas. All dimensions showing distances from desks, tables or other equipment or
furnishings to walls and the size of the desk or table must be shown on the plan.
e.
Exits should be shown with the symbol (E).
f.
The floor plan should have a title (name of the business or professional) and the
signature of the NJ. licensed professional who prepared the plan, license number and
embossed seal, address and telephone number of said licensed professional, and the date the
plan was prepared.
g.
If plans or applications are incomplete or are not submitted ten business days before
the Planning Board meeting date desired by the applicant, it may result in the application being
postponed until all the aforementioned information is shown on the plans.
3.
This Certificate of Occupancy when granted by the Planning Board is for use only. It is the
applicant’s responsibility to obtain all necessary construction and fire permits from the Township
Construction Department after obtaining Planning Board approval and to obtain a Certificate of
Occupancy from the Construction Department prior to occupying the area.
311.2
Retail Stores and Warehousing (Storage):
1.
Plan of entire building with location of store clearly delineated. If two-story building, the
plan should be of the floor the applicant’s office or suite will occupy and clearly marked “first
floor, second floor, basement”, etc., and the name of the store or shopping center shown on the
plan.
2.
Floor plan of the space to be occupied with the following:
a.
the overall dimensions of the perimeter of the area and the gross square footage of the
area to be occupied.
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b.
All existing partitions to be removed should be shown dotted and all new partitions
shown with heavy solid lines. All new partitions and rooms created should be dimensioned.
New rooms should be indicated on the plan, including lavatories, closets, storage, etc.
c.
The use of existing rooms and new rooms should be indicated on the plan, including
lavatories., closets, storage, etc,
d.
All aisle widths should be dimensioned, as well as distances between displays and
fixtures, whether displays are on floor, racks, gondolas etc. Dimensions around checkout
counters and dimensions of check-out counters shall be shown. All dimensions of display
areas or fixtures (length and width) if all same size only one need be dimensioned denoted as
typical. In offices areas distance from desk to walls and size of desk to be dimensioned on
plan.
e.
For warehousing or storage, the type of material to be stored should be noted on the
plan and aisle widths and dimensions, whether materials are stored on floor or racks. The
length and width of floor area being designated for storage and/or length and width of racks
should be shown on the plan.
f.
Exits should be shown with the symbol (E).
g.
The floor plan should have a title (name of store and store number) and the signature of
the N.J, licensed professional who prepared the plan, license number and embossed seal,
address and telephone number of said licensed professional, and the date the plan was
prepared.
h.
If plans or applications are incomplete or are not submitted ten business days before
the Planning Board meeting date desired by the applicant, it may result in the application being
postponed until all the aforementioned information is shown on the plans.
3.
This Certificate of Occupancy when granted by the Planning Board is for use only. It is the
applicant’s responsibility to obtain all necessary construction and fire permits from the Township
Construction Department after obtaining Planning Board approval and to obtain a Certificate of
Occupancy from the Construction Department prior to occupying the area.
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ARTICLE 4
SOIL EROSION AND SEDIMENTATION CONTROL
401
PURPOSES.
The purpose of this ordinance is to control soil erosion and sediment damages and related environmental
damage by requiring adequate provisions for surface water retention and drainage and for the protection
of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of
the community.
402.
DEFINITIONS.
A.
For the purpose of this Ordinance certain rules or word usage apply to the text as follows:
1.
Words used in the present tense include the future tense; and the singular includes the
plural, unless the context clearly indicates the contrary.
2.
The term “shall” is always mandatory and not discretionary; the word “may” is permissive.
3.
The word or term not interpreted or defined by this article shall be used with a meaning of
common or standard utilization.
B.
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
1.
“Applicant”. A person, partnership, corporation or public agency requesting permission to
engage in land disturbance activity.
2.
“Application for development” means a proposed subdivision of land, site plan,
conditional use, zoning variance, planned unit development or building permit.
3.
“Approved Plan” means a plan for soil erosion and sediment control that meets the
standards promulgated by the State Soil Conservation Committee pursuant to Chapter 251, P,L,
1975 and has been found to be such by the local Approving Authority. When such plan is
reviewed by the Somerset-Union Soil Conservation District, “approved plan” shall be a plan
which receives the approval of the District or is deemed approved by the District by reason of the
expiration of the time allotted by Section 7 of said Act without action by the District.
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4.
“Committee” means the State Soil Conservation Committee in the Department of
Agriculture, established pursuant to R.S. 4:24-3.
5.
“Critical Area”. A sediment producing highly erodible soil or severely eroded area.
6.
“District” means the Somerset-Union Soil Conservation District organized pursuant to
R.S. 4:24-7 et seq.
7.
“Disturbance” means any activity involving the clearing, excavating, storing, grading
filling or transportation of soil or any other activity which causes soil to be exposed to the danger
of erosion.
8.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind,
ice and gravity.
9.
“Excavation or Cut” means any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
10.
“Farm Conservation Plan” means a plan which provides for use of land, within its
capabilities and treatment, within practical limits, according to chosen use to prevent further
deterioration of soil and water resources.
11.
“Land” means any ground, soil or earth including marshes, swamps, drainage ways and
areas not permanently covered by water within the municipality.
12.
“Plan” means a scheme which indicates land treatment measures including a schedule of
the timing for their installation, to minimize soil erosion and sedimentation.
13.
“Project” means the disturbance of more than 5,000 square feet of the surface area of land
for the accommodation of construction for which the Standard Building Code of the State of New
Jersey would require a building permit, except that the construction of a single-family dwelling
unit shall not be deemed “project” under this act unless such unit is part of a proposed subdivision,
site plan, conditional use, zoning variance, planned development or building permit application
involving two or more such single-family dwelling units.
14.
“Sediment” means solid material, mineral or organic. that is in suspension, is being
transported, or has been moved from its site of origin by air, water or gravity as a product of
erosion.
15.
“Site” means any plot, parcel, or parcels of land.
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16
“Soil” means all unconsolidated mineral and organic material of any origin.
17.
“Standards” means the Standards for Soil Erosion and Sediment Control in New Jersey as
promulgated by the State Soil Conservation Committee.
18.
“Stripping” means any activity which significantly disturbs vegetated or otherwise
stabilized soil surface including clearing and grubbing operations.
403.
PROCEDURE.
A.
REGULATION
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or
other public agency within this municipality unless; the applicant has submitted to the building
inspector a plan to provide for soil erosion and sediment control for such land area in accordance with
the Standards, and such plan has been approved; and a valid land disturbance permit has been issued,
except as exempted by Section 406.
By way of amplification and not by way of limitation, certification and approval of a soil erosion and
sediment control plan is required for the following application categories;
subdivision, site plan, conditional use, zoning variance, planned development, and construction
permit.
B.
DATA REQUIRED
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous
site. The applicant may consult with the District in the selection of appropriate erosion and sediment
control measures and the development of the plan. Such plans shall contain:
1.
Location and description of existing natural and man-made features on and surrounding the
site including general topography and soil characteristics and a copy of the District soil survey
(where available).
2.
Location and description of proposed changes to the site.
3.
Measures for soil erosion and sediment control which must meet or exceed the Standards,
as herein defined.
4.
A schedule of the Sequence of installation of planned erosion and sediment control
measures as related to the progress of the project including anticipated starting and completion
dates.
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5.
All proposed revisions of data required shall be submitted for approval.
6.
Where the scope of the proposal is such that the Township Engineer or Planning Board
finds that formal submission to the Somerset-Union Soil Conservation District shall be required,
the applicant shall supply the information as shall be required by said District, which may include
the following:
(a)
Resource data:
a.
Soil map with area outlined.
b.
Existing vegetation.
c.
Floodplain delineation maps, if available.
d.
On-site soil or geological investigation information available.
e.
Special natural features to be considered.
f. Other resource or inventory data as required.
(b)
Plans and drawings:
a.
Contour map of original ground, two feet interval preferred.
b.
Proposed layout with exact location referenced.
(1)
Cultural features existing and proposed roads, buildings, drainage systems,
sanitary systems, structural conservation practices, etc.
(2)
Individual lot profiles if original ground exceeds 8% or an erosion grade,
Profiles to show proposed cuts and/or fills.
(3)
Profiles or surface and/or subsurface drainage systems.
(4)
Cross-sections of the following items:
a.
Structural conservation or erosion control practices such as but not limited
to: diversions (including berm and channel), waterways (swales) ponds and/or
debris basins, etc.
b.
Stream channel or drainage way improvements.
c.
Cuts and fill exceeding three feet in depth except for foundation
excavations.
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(5)
Delineation of proposed disturbed and nondisturbed areas.
(6)
Offsite conditions adjacent to or below proposed site, where streams, lakes or
ponds are located within 200 feet of proposed subdivision or site.
404.
REVIEW AND APPROVAL
1.
Erosion and sediment control plans submitted with sub division and site plan applications shall
be reviewed by the Planning Board and approved as part of the application when in conformance with
the Standards. The Board may seek the assistance of the District in the review of such plans and may
deem as approved those plans which have been reviewed and determined adequate by the District. The
Board may also refer to the Township Engineer for his review and approval. Such review and
approval shall be made within a period of 30 days of submission of a complete application unless, by
mutual agreement in writing between the municipality and the applicant, this period is extended for an
additional 30 days. Failure of the municipality to make a decision within such period or such
extension thereof shall constitute certification.
2.
All other types of soil disturbance not exempted in Section 406 shah come under the review of
the designated municipal officer in accordance with their memorandum of understanding with the
District.
3.
The Planning Board shall generally make decisions under this ordinance as a part of site plan
review or subdivision approval. For other approvals, decisions will be made at a public meeting.
Notification of the decision will be made to the applicant in writing and officially published within ten
(10) days.
The applicant shall be provided with written note of such decision by the Township Engineer (or other
authorized municipal agent). A copy of such decision including name of applicant, site location by
street address and block and lot number and proposed land use shall be sent to the Somerset-Union
Soil Conservation District. The municipality shall also make available such other information as may
be required by the District.
405.
PRINCIPLES AND REQUIREMENTS.
A.
GENERAL DESIGN PRINCIPLES.
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation
during all stages of the disturbance activity. The following principles shall apply to the soil erosion
and sediment control plan.
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1.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which
will minimize soil erosion.
2.
Whenever feasible, natural vegetation shall be retained and protected.
3.
The extent of the disturbed area and the duration of its exposure shall be kept within
practical limits.
4.
Either temporary seeding, mulching or other suitable stabilization measure shall be used to
protect exposed critical areas during construction or other land disturbance.
5.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and
surface conditions, during and after development or disturbance. Such provisions shall be in
addition to all existing requirements.
6.
Water runoff shall be minimized and retained on site whenever possible to facilitate
ground water recharge.
7.
Sediment shall be retained on site to the maximum extent feasible.
8.
Diversions, sediment basins and similar required structures shall be installed prior to any
on-site grading or disturbance.
B.
MAINTENANCE.
All necessary erosion and sediment control measures installed under this Section shall be adequately
maintained for one year after completion of the approved plan or until such measures are permanently
stabilized as determined by the Township Engineer. The Township Engineer shall give the applicant
upon request, a certificate indicating the date on which the measures called for in the approved plans
were completed. See maintenance guarantee provisions in Article 10 of this Ordinance.
C.
FEES.
The applicant shall pay the Township Clerk a fee of $50.00 at the time the application is submitted to
cover the cost of providing reviews and inspections required by this ordinance, except that where the
application is part of the processing of a subdivision or site plan review, no fee shall be required.
D.
PENALTIES.
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If any person violates any of the provisions of this Article, or the Act under which it is adopted, or any
standard promulgated pursuant to the provisions of said Act, or fails to comply with the provisions of
a certified plan, the municipality or District may institute a civil action in the Superior Court for
injunctive relief to prohibit and prevent such violation or violations and said court may proceed in a
summary manner.
Any person who violates any of the provisions of this ordinance, or the Act under which it is adopted,
or any standard promulgated pursuant to said Act, or who fails to comply with the provisions of a
certified plan, shall be liable to a penalty of not less than $25.00 nor more than $3,000.00 to be
collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.).
The Superior Court, County Court, County District and Municipal Court shall have jurisdiction to
enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during
which it continues shall constitute an additional separate and distinct offense.
E.
COMPLIANCE CONDITION PRECEDENT TO CERTIFICATE OF OCCUPANCY.
No certificate of occupancy for a project shall be issued unless there has been compliance with the
provisions of a certified plan for permanent measures to control soil erosion and sedimentation. A
formal report of such compliance must be filed with the municipal agent authorized to issue
certificates of occupancy. A copy of this report shall be sent to the Somerset-Union Soil Conservation
District.
F.
STOP-CONSTRUCTION ORDER.
The District or the municipality may issue a stop construction order if a project is not being executed
in accordance with a certified plan.
406.
EXEMPTIONS
The following activities are specifically exempt from this Article:
1.
Land disturbance associated with single family dwellings on an existing lot, where no
construction requiring a building permit is required.
2.
Use of land for gardening primarily for home consumption.
3.
The disturbance of not more than 5,000 square feet of surface area of land for the
accommodation of construction for which the Standard Building Code of the State of New Jersey
would require a building permit, except that the construction of a single-family dwelling unit shall be
“exempt” unless such unit is part of a proposed subdivision, site plan, conditional use, zoning
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variance, planned development, or building permit application involving two or more such single-
family dwelling units. (See definition of “project”).
4.
Agricultural use of lands when operated in accordance with a farm conservation plan approved
by the Local soil conservation district or when it is determined by the local soil conservation district
that such use will not cause excessive erosion and sedimentation.
407.
INSPECTION AND ENFORCEMENT.
A.
The requirements of this Ordinance shall be enforced by the municipal engineer who shall
inspect or require adequate inspection of the work. If the municipal engineer finds existing conditions
not as stated in the applicant’s erosion and sediment control plan he may refuse to approve further
work and may require necessary erosion and sediment control measures to be promptly installed and
may seek other penalties as provided in Section 405 of this Article.
The applicant shall have the certified plan on site during all phases of construction.
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ARTICLE 5
ENVIRONMENTAL IMPACT STATEMENT
501.
INTENT AND PURPOSE.
It is the intent and purpose of this Ordinance to provide proper guidelines and requirements for the
Environmental Impact Statement to be filed with certain applications for land disturbance and
development in the Township of Green Brook, to preserve and enhance the quality of the natural
environment, to promote the general health, safety and welfare, to recognize the existence in the
Township of Green Brook of certain critical areas, and to provide a coordinated approach to development
and changes and thereby improve the Township of Green Brook and prevent adverse environmental
impact.
502.
DEFINITIONS.
(a)
Environment: The conditions and influences, both natural and man-made that affect the
general health, safety, and welfare of the Township of Green Brook.
(b)
Environmental Impact Statement: The Environmental Impact Statement, is a separate written
description and analysis of all possible direct and indirect effects development will have on the site
itself as well as adjacent and non-contiguous areas with particular reference to the effect of the project
on the public safety, health and welfare, the protection of public and private property and the
protection preservation and enhancement of the natural environment.
(c)
Site: Any plot, parcel or tract of land.
(d)
Critical Area:
(1)
Any land within a flood hazard area (floodway or flood fringe area) as delineated by the
Department of Environmental Protection, State of New Jersey, or
(2)
Any land which contains slopes exceeding twelve (12) per cent grade, or
(3)
Any land where the water table or surface waters cause particular problems of
development, or where development is likely to cause damage to the ground water system.
503.
APPLICABILITY.
No site shall be disturbed by any person, partnership, corporation, public agency, or entity within the
municipality unless Environmental Impact Statement has been reviewed and the proposed development
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has been approved by the Township Planning Board in accordance with the specifications and procedures
required by this ordinance. Exemptions from this ordinance are only as listed below:
(a)
Applications for a building permit in a residential district for a single family residence, where
the building inspector has determined that no part of the property in question falls in a critical area as
defined herein, provided that this exemption shall not apply wherever three or more dwelling units are
proposed to be constructed under common ownership or control on contiguous lots or on lots within a
major subdivision.
(b)
Applications for a single use, business or industrial, where the property is one acre
or less and where no part of the property is in a critical area as defined herein.
(c)
Sign permits as required under the Zoning Ordinance.
504.
DATA REQUIRED.
The Environmental Impact Statement shall contain information and analysis with respect to the following:
(a)
The location of the project and a description of the project specifying what is to be carried out:
1.
Reason for the project,
2.
The detailed plans for proposals and any alternatives mapped and/or described,
3.
Parks, recreational sites, wildlife, refuges and historic sites mapped and described,
4.
Existing land use, zoning and master plan delineation of project mapped and described.
(b)
An inventory of existing environmental conditions at the project site and in the surrounding
region (i.e. any area that might be affected by the proposal) which shall describe contours (at intervals
not exceeding five feet) air quality, water quality, water supply, hydrology, geology, soils,
topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics and
history.
(c)
A listing of all licenses, permits or other approvals as required by Municipal, County or State
Law and the status of each.
(d)
An assessment of the probable impact of the project, both adverse and beneficial, on the topics
described in (b).
(e)
Any probable adverse environmental effects which cannot be avoided, including:
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1.
Water quality,
2.
Air quality,
3.
Noise,
4.
Undesirable land use patterns,
5.
Damage and destruction of significant plant or wildlife systems or other resources,
6.
Aesthetic values,
7.
Displacement of people and business,
8.
Displacement of viable farms,
9.
Employment and property tax,
10.
Destruction of man-made resources,
11.
Disruption of desirable community and regional growth,
12.
Health, safety and well-being of the public,
13.
Traffic.
(f)
A thorough discussion of the steps to be taken, during and after construction, both at the
project site and in the surrounding area, to minimize the adverse environmental effects as described in
(e).
(g)
Alternatives to the proposed project, including:
1.
That of no project,
2.
Description of alternatives with an objective evaluation of the alternatives that might avoid
some or all of the adverse environmental effects with the rationale for acceptability or non-
acceptability of each alternative,
3.
An analysis of the costs and social impact of the alternatives.
(h)
Implications of the proposed action for population distribution or concentration should be
estimated and an assessment made of the effect of any possible change in population patterns upon the
resource base, including land use, water and public service of the area impacted.
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(i)
The relationship between local short term uses of the environmental and the maintenance and
enhancement of long term productivity, assessing the project for each generation as a trustee of the
environment for future generations.
(j)
A reference list of pertinent published information relating to the project, project site and
surrounding area.
(k)
Particular data is required as to:
(1)
Sewerage disposal facilities. Applicant must show:
a.
Estimate sewage to be generated in gallons per day together with the provision for
connection to the public sewer system.
b.
Compliance with State Department of Environmental Protection regulations, where
applicable.
c.
Compliance with the rules and regulations of the treatment authority into which
sewerage will flow (e.g. Middlesex County Sewerage Authority, Somerset-Raritan valley
Sewerage Authority).
(2)
Water Supply. Applicant must show:
a.
Compliance with State and local regulations.
b.
Location and depth of all private and public water supplies within five hundred (500)
feet of the realty improvement.
c.
Location, depth, and adequacy of offsite and on-site private and public water supplies
to serve the proposed realty improvement.
d.
For realty improvements with more than fifty (50) dwelling units it will be necessary to
obtain a determination by the Division of Water Resources that the proposed water supply and
sewerage facilities are adequate.
(3)
Drainage: storm water control. Applicant must show:
a.
Estimated existing surface water runoff and volume.
b.
Compliance with State regulations,.
c.
Compliance with local ordinances relating to drainage and surface water control.
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d.
Submission of an erosion and sediment control plan reviewed by the Somerset-union
Soil Conservation District (see Article 4 of this ordinance)
(4)
Solid Waste Disposal. Applicant must submit a statement of the character and estimated
tons per week of solid waste to be generated together with a plan for the disposal of solid wastes in
compliance with State Sanitary code.
(5)
Air Pollution. Applicant must show that the proposal will have no deleterious effects to the
ambient air quality or that no visible smoke or deleterious chemical changes will be produced in
the atmosphere by any heating, air conditioning, or incinerating devices or by processing of
material.
(6)
Critical Impact Area. These areas include, but are not limited to: stream corridors, streams,
wetlands, estuaries slopes greater than 12%, high acid and highly erodible soils, area of high water
table and acquirer recharge and discharge areas. Applicant must show:
a.
A statement of impact on critical impact areas and of adverse affects which cannot be
avoided.
b.
Environmental protective measures, procedures and schedules to minimize danger to
critical impact areas.
505.
REVIEWS AND INSPECTIONS:
Six copies of the Environmental Impact Statements shall be submitted at the time of submission of the
Preliminary Plat, when a major subdivision shall be involved, or upon submission of the site plan for site
plan review, where no subdivision shall be involved. Copies of the same shall be furnished by the Clerk
of the Planning Board to the following:
(a)
To the Township Engineer.
(b)
To the Township Environmental Commission.
(c)
To the Planning Consultant, if deemed advisable by the Planning Board.
A copy of such Statement shall also be submitted to the Somerset County Planning Board in any case
where the county Planning Board shall have subdivision or site plan review jurisdiction.
The Township Engineer and Township Environmental Commission, (and Township Planner, where
applicable) shall inspect the property, and review the statement. Each shall have the authority to seek from
the applicant additional data where required to make a proper review and recommendation. The respective
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reports shall be made to the Planning Board within a reasonable time, recognizing that each should have
at least 30 days for such review. Such reports shall be made part of the record at any public hearing
required in connection with Planning Board action.
The cost of inspection by the Township Engineer and Township Planner (where applicable) shall be
deemed part of the cost of, development and shall be borne by the applicant and paid to the Township of
Green Brook in accordance with fees established therefore by the governing body on file in the offices of
the Township Clerk. In any case where it appears that the services of another type of expert consultant
shall be required, the applicant shall be required to bear the cost of such expert; in any such ease the
applicant shall be notified in advance and shall deposit with the Township Clerk the estimated costs for
such consultant and such deposit shall be used for the payment by the Township of such consultant.
506.
CONDITIONS OF APPROVAL.
In addition to the requirements of other applicable ordinances and conditions which may be imposed there
under, the Planning Board, in making determinations relative to environmental impact, may condition
approval upon compliance with recommendations contained in the reports of the Township Engineer,
Environmental Commission, County Planning Board, and Somerset-Union Soil Conservation District, and
may impose conditions and safeguards reasonably designed to promote the purpose of this ordinance.
Time limits for completion of work shall be included in any resolution of approval. Approval by the
Planning Board shall be endorsed upon the preliminary plat or site plan, and it shall be signed by the
chairman and attested by the secretary and clerk of the Planning Board.
507.
DENIAL OF ENVIRONMENTAL APPROVAL:
(a)
No subdivision or site plan review requiring an approved environmental impact statement and
schedule shall be approved unless the environmental impact statement shall be first or simultaneously
approved.
(b)
The Planning Board may approve or deny approval of the environmental impact statement
after a public hearing afforded to the applicant. (Where the application also involves a major
subdivision, the public hearing on the environmental impact may be held concurrent with the public
hearing on the subdivision.) In such cases, the applicant shall give notice as required by law.
508.
EXEMPTIONS.
The Planning Board shall have the power to exempt an application, otherwise subject to this ordinance,
from the requirements of a full environmental impact statement, provided that following factors are taken
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into consideration and the Planning Board determines that a full impact statement is not required because
of the nature of the specific application:
a.
Stability of the soil during and after the proposed alteration
b.
Drainage patterns and effect on surface water runoff
c.
Effects on springs
d.
Potential effect on animals and significant plant species
e.
Potential air and water pollution, especially and increase in siltation.
f.
Effect of any construction plans or other - environmental changes on critical slope areas or
sewage disposal systems
g.
Problems related to rock removal
h.
Amount of resulting non-agricultural displacement of soil
i.
Potential noise pollution increase in amount of industrial waste
k.
Increased problems of industrial or non-industrial waste disposal (subject to review of such
problems by the Board of Health)
l.
Circumstances or conditions that are peculiar to site or to the application under consideration,
that
are not generally applicable to sites or applications in the same general locality, and that would
result in imposition of an undue burden on the applicant if an environmental impact statement
were required.
509.
BOARD OF ADJUSTMENT AS APPROVING AUTHORITY.
Whenever the term “Planning Board” is used in this Article, the same shall be taken to include the term
“Board of Adjustment” whenever the Board of Adjustment is acting as the Approving Authority under
The Land Development Ordinance.
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ARTICLE 6
STORM WATER CONTROL
Section 601. Scope and Purpose.
A.
Policy Statement
The goals of the Township of Green Brook include flood control, groundwater recharge,
and pollutant reduction achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs) and nonstructural
stormwater management strategies. GI BMPs and low impact development (LID) as defined
in the NJ Stormwater Management Best Practices Manual may be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
B.
Purpose
The purpose of this ordinance is to establish minimum stormwater management
requirements and controls for “major development,” as defined below in Section 602;
minimum requirements for rate control for “minor developments” as defined in Section
602; and maintenance requirements for non-township owned stormwater facilities in
accordance with Section 611.
C.
Applicability
1. This ordinance shall be applicable to the following major developments:
a.
Non-residential major developments; and
b.
Aspects of residential major developments that are not pre-empted by the
Residential Site Improvement Standards at N.J.A.C. 5:21.
2. The quantity reduction provisions of this ordinance shall be applicable to any person,
partnership, corporation, or public agency that is not defined as a “major development” and
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which shall by any means whatsoever increase the quantity or velocity of stormwater runoff
emanating from the developed land area, hereinafter referred to as “minor development”.
Excluding the development of any area from the effective date hereof by the construction or
installation of any impervious surface less than 2,000 s.f.
3. This ordinance shall also be applicable to all major developments undertaken by Green
Brook Township.
4. An application required by ordinance pursuant to (b)1 (C)1 above that has been
submitted prior to the date of adoption of this Ordinance shall be subject to the stormwater
management requirements in effect on the first day prior to the adoption date of this
Ordinance.
5. An application required by ordinance for approval pursuant to (b)1 (C)1 above that has
been submitted on or after March 2, 2021, but prior to the adoption date of this Ordinance
shall be subject to the stormwater management requirements in effect on the first day prior
to the adoption date of this Ordinance.
6. Notwithstanding any rule to the contrary, a major development for any public roadway
or railroad project conducted by a public transportation entity that has determined a
preferred alternative or reached an equivalent milestone before July 17, 2023, shall be
subject to the stormwater management requirements in effect prior to July 17, 2023.
D.
Compatibility with Other Permit and Ordinance Requirements
1. Development approvals issued pursuant to this ordinance are to be considered an integral
part of development approvals and do not relieve the applicant of the responsibility to
secure required permits or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application, the provisions of this
ordinance shall be held to be the minimum requirements for the promotion of the public
health, safety, and general welfare.
2. This ordinance is not intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that, where any provision of
this ordinance imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive provisions or higher
standards shall control.
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Section 602. Definitions.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall
have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall" is always mandatory and not
merely directory. The definitions below are the same as or based on the corresponding
definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
“CAFRA Centers, Cores or Nodes” means those areas with boundaries incorporated by
reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
“CAFRA Planning Map” means the map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA
Planning Map is available on the Department's Geographic Information System (GIS).
“Community basin” means an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c), that
is designed and constructed in accordance with the New Jersey Stormwater Best
Management Practices Manual, or an alternate design, approved in accordance with
N.J.A.C. 7:8-5.2, for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements of this chapter.
“Compaction” means the increase in soil bulk density.
“Contributory drainage area” means the area from which stormwater runoff drains to a
stormwater management measure, not including the area of the stormwater management
measure itself.
“Core” means a pedestrian-oriented area of commercial and civic uses serving the surrounding
municipality, generally including housing and access to public transportation.
“County review agency” means an agency designated by the Board of County Commissioners to
review municipal stormwater management plans and implementing ordinance(s). The
county review agency may either be:
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1. A county planning agency or
2. 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.
“Department” means the Department of Environmental Protection.
“Designated Center” means a State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village, or hamlet.
“Design engineer” means a person professionally qualified and duly licensed in New Jersey to
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.
“Development” means the division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlarge- enlargement of any
building or structure, 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 is
required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, development means: any activity that
requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and
the State Agricultural Development Committee (SADC), and municipal review of any
activity not exempted by the Right to Farm Act , N.J.S.A 4:1C-1 et seq.
“Disturbance” means the placement or reconstruction of impervious surface or motor vehicle
surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing
of vegetation. Milling and repaving is not considered disturbance for the purposes of this
definition.
“Drainage area” means a geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving waterbody or to a particular point along a receiving
waterbody.
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“Environmentally constrained area” means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement, deed restriction or
ownership such as: wetlands, floodplains, threatened and endangered species sites or
designated habitats, and parks and preserves. 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.
“Environmentally critical area” means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage priority sites, habitats
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.
“Empowerment Neighborhoods” means neighborhoods designated by the Urban Coordinating
Council “in consultation and conjunction with” the New Jersey Redevelopment Authority
pursuant to N.J.S.A 55:19-69.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, or
gravity.
“Green infrastructure” means a stormwater management measure that manages stormwater close
to its source by:
Treating stormwater runoff through infiltration into subsoil;
1. Treating stormwater runoff through filtration by vegetation or soil; or
2. Storing stormwater runoff for reuse.
"HUC 14" or "hydrologic unit code 14" means an area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which is identified by a 14-
digit hydrologic unit boundary designation, delineated within New Jersey by the United
States Geological Survey.
“Impervious surface” means a surface that has been covered with a layer of material so that it is
highly resistant to infiltration by water.
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“Infiltration” is the process by which water seeps into the soil from precipitation.
“Lead planning agency” means one or more public entities having stormwater management
planning authority designated by the regional stormwater management planning committee
pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
“Major development” means an individual “development,” as well as multiple developments
that individually or collectively result in:
1. The disturbance of one or more acres of land after February 2, 2004;
2. The creation of one-quarter acre or more of “regulated impervious surface”
after February 2, 2004;
3. The creation of one-quarter acre or more of “regulated motor vehicle surface”
after March 2, 2021; or
4. A combination of 2 and 3 above that totals an area of one-quarter acre or more.
The same surface shall not be counted twice when determining if the
combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or
sale (for example, phased residential development) that collectively or individually meet
any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of “major development” but which do not require
approval under the Municipal Land Use Law, N.J.S.A. 40:55D- 1 et seq., are also
considered “major development.”
“Minor development” - means any development, not meeting the requirements of a major
development, that involves the construction or installation of impervious surfaces equal to or
greater than 2,000 s.f. hereinafter the effective date of this ordinance.
“Motor vehicle” means land vehicles propelled other than by muscular power, such as
automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this
definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain
vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming
machines, or vehicles that run only on rails or tracks.
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“Motor vehicle surface” means any pervious or impervious surface that is intended to be used by
“motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not
limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
“Municipality” means any city, borough, town, township, or village.
“New Jersey Stormwater Best Management Practices (BMP) Manual” or “BMP Manual” means
the manual maintained by the Department providing, in part, design specifications, removal
rates, calculation methods, and soil testing procedures approved by the Department as being
capable of contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended by the Department as
necessary to provide design specifications on additional best management practices and
new information on already included practices reflecting the best available current
information regarding the particular practice and the Department’s determination as to the
ability of that best management practice to contribute to compliance with the standards
contained in this chapter. Alternative stormwater management measures, removal rates, or
calculation methods may be utilized, subject to any limitations specified in this chapter,
provided the design engineer demonstrates to the municipality, in accordance with Section
604.F. of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design
will contribute to achievement of the design and performance standards established by this
chapter.
“Node” means an area designated by the State Planning Commission concentrating facilities and
activities which are not organized in a compact form.
“Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is
essential to and promotes the development of organisms.
“Person” means any individual, corporation, company, partnership, firm, association, political
subdivision of this State and any state, interstate or Federal agency.
“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological
materials, medical wastes, radioactive substance (except those regulated under the Atomic
Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or
discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and
construction waste or runoff, or other residue discharged directly or indirectly to the land,
ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant”
includes both hazardous and nonhazardous pollutants.
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"Public roadway or railroad" means a pathway for use by motor vehicles or trains that is
intended for public use and is constructed by, or on behalf of, a public transportation entity.
A public roadway or railroad does not include a roadway or railroad constructed as part of a
private development, regardless of whether the roadway or railroad is ultimately to be
dedicated to and/or maintained by a governmental entity.
“Public transportation entity” means a Federal, State, county, or municipal government, an
independent State authority, or a statutorily authorized public-private partnership program
pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or
railroad project that includes new construction, expansion, reconstruction, or improvement
of a public roadway or railroad.
“Recharge” means the amount of water from precipitation that infiltrates into the ground and is
not evapotranspired.
“Regulated impervious surface” means any of the following, alone or in combination:
1. A net increase of impervious surface;
2. The total area of impervious surface collected by a new stormwater conveyance
system (for the purpose of this definition, a “new stormwater conveyance system” is a
stormwater conveyance system that is constructed where one did not exist
immediately prior to its construction or an existing system for which a new discharge
location is created);
3. The total area of impervious surface proposed to be newly collected by an existing
stormwater conveyance system; and/or
4. The total area of impervious surface collected by an existing stormwater conveyance
system where the capacity of that conveyance system is increased.
“Regulated motor vehicle surface” means any of the following, alone or in combination:
1. The total area of motor vehicle surface that is currently receiving water;
2. A net increase in motor vehicle surface; and/or
quality treatment either by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant, where the water quality treatment will be
modified or removed.
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“Sediment” means solid material, mineral or organic, that is in suspension, is being transported,
or has been moved from its site of origin by air, water, or gravity as a product of erosion.
“Site” means any plot, parcel, or parcels of land.
“Soil” means all unconsolidated mineral and organic material of any origin.
“State Development and Redevelopment Plan Metropolitan Planning Area (PA1)” means an
area delineated on the State Plan Policy Map and adopted by the State Planning
Commission that is intended to be the focus for much of the State’s future redevelopment
and revitalization efforts.
“State Plan Policy Map” is defined as the geographic application of the State Development and
Redevelopment Plan’s goals and statewide policies, and the official map of these goals and
policies.
“Stormwater” means water resulting from precipitation (including rain and snow) that runs off
the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers
or other sewage or drainage facilities, or conveyed by snow removal equipment.
“Stormwater management BMP” means an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system), retain water in a permanent
pool (a retention basin), or be planted mainly with wetland vegetation (most constructed
stormwater wetlands).
“Stormwater management measure” means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated pollutants, or to
induce or control the infiltration or groundwater recharge of stormwater or to eliminate
illicit or illegal non-stormwater discharges into stormwater conveyances.
“Stormwater runoff” means water flow on the surface of the ground or in storm sewers, resulting
from precipitation.
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“Stormwater management planning agency” means a public body authorized by legislation to
prepare stormwater management plans.
“Stormwater management planning area" means the geographic area for which a stormwater
management planning agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management plan prepared by that
agency.
“Tidal Flood Hazard Area” means a flood hazard area in which the flood elevation resulting
from the two-, 10-, or 100-year storm, as applicable, is governed by tidal flooding from the
Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced
by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal
rise
and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some
situations, depending upon the extent of the storm surge from a particular storm event, a
flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
“Urban Coordinating Council Empowerment Neighborhood” means a neighborhood given
priority access to State resources through the New Jersey Redevelopment Authority.
“Urban Enterprise Zones” means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et.
seq.
“Urban Redevelopment Area” is defined as previously developed portions of areas:
1. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area
(PA1), Designated Centers, Cores or Nodes;
2. Designated as CAFRA Centers, Cores or Nodes;
3. Designated as Urban Enterprise Zones; and
4. Designated as Urban Coordinating Council Empowerment Neighborhoods.
“Water control structure” means a structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-,
10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water.
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Examples of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and
bodies of surface or groundwater, whether natural or artificial, within the boundaries of the
State of New Jersey or subject to its jurisdiction.
“Wetlands” or “wetland” means an area that is inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, commonly known as hydrophytic vegetation.
Section 603. Design and Performance Standards for Stormwater Management Measures.
A.
Stormwater management measures for major development shall be designed to provide
erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater
runoff quality treatment as follows:
1. The minimum standards for erosion control are those established under the Soil and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at
N.J.A.C. 2:90.
2. The minimum standards for groundwater recharge, stormwater quality, and
stormwater runoff quantity shall be met by incorporating green infrastructure.
B.
The standards in this ordinance for new major development are intended to minimize
the impact of stormwater runoff on water quality and water quantity in receiving water
bodies and maintain groundwater recharge. The standards do not apply to new major
development to the extent that alternative design and performance standards are applicable
under a regional stormwater management plan or Water Quality Management Plan adopted
in accordance with Department rules.
Section 604. Stormwater Management Requirements for Major Development.
A.
The development shall incorporate a maintenance plan for the stormwater management
measures incorporated into the design of a major development in accordance with Section
611.
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B.
Stormwater management measures shall avoid adverse impacts of concentrated flow
on habitat for threatened and endangered species as documented in the Department’s
Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147
through 15.150 particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi
(bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of Section 604.P, Q
and R:
1. The construction of an underground utility line provided that the disturbed areas are
revegetated upon completion;
2. The construction of an aboveground utility line provided that the existing conditions
are maintained to the maximum extent practicable; and
3. The construction of a public pedestrian access, such as a sidewalk or trail with a
maximum width of 14 feet, provided that the access is made of pervious material.
D.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity requirements of
Section 604.O, P, Q and R may be obtained for the enlargement of an existing public
roadway or railroad; or the construction or enlargement of a public pedestrian access,
provided that the following conditions are met:
1. The applicant demonstrates that there is a public need for the project that cannot be
accomplished by any other means;
2. The applicant demonstrates through an alternatives analysis, that through the use of
stormwater management measures, the option selected complies with the
requirements of Section 604.O, P, Q and R to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of Section 604.O,
P, Q and R, existing structures currently in use, such as homes and buildings,
would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas,
including the potential to obtain through condemnation lands not falling under
604.D.3 above within the upstream drainage area of the receiving stream, that
would provide additional opportunities to mitigate the requirements of Section
604.O, P, Q and R that were not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices
identified and described in the New Jersey Stormwater Best Management Practices Manual to
satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater
runoff quantity standards specified in Section 604.O, P, Q and R. When designed in accordance
with the most current version of the New Jersey Stormwater Best Management Practices Manual,
the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and
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listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for
the design and performance standards as outlined in the tables below. Upon amendments of the
New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs
meeting these standards, or changes in the presumed performance of BMPs designed in
accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the
New Jersey Registers a notice of administrative change revising the applicable table. The most
current version of the BMP Manual can be found on the Department’s website at:
https://dep.nj.gov/stormwater/bmp-manual/.
F. Where the BMP tables in the NJ Stormwater Management Rule are different, due to updates
or amendments, than the tables in this ordinance, the BMP Tables in the Stormwater
Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
Best Management
Practice
Stormwater Runoff
Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Cistern
0
Yes
No
--
Dry Well(a)
0
No
Yes
2
Grass Swale
50 or less
No
No
2(e)
1(f)
Green Roof
0
Yes
No
--
Manufactured
Treatment
Device(a) (g)
50 or 80
No
No
Dependent
upon the device
Pervious Paving
System(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale
Bioretention
Basin(a)
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale
Infiltration
Basin(a)
80
Yes
Yes
2
Small-Scale Sand
Filter
80
Yes
Yes
2
Vegetative Filter
Strip
60-80
No
No
--
(Notes corresponding to annotations (a) through (g) are found on Page D-14)
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Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best
Management
Practice
Stormwater
Runoff Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Bioretention
System
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration Basin
80
Yes
Yes
2
Sand Filter(b)
80
Yes
Yes
2
Standard
Constructed
Wetland
90
Yes
No
N/A
Wet Pond(d)
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found on Page D-14)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff
Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best
Management
Practice
Stormwater Runoff
Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Blue Roof
0
Yes
No
N/A
Extended
Detention Basin
40-60
Yes
No
1
Manufactured
Treatment
Device(h)
50 or 80
No
No
Dependent
upon the
device
Sand Filter(c)
80
Yes
No
1
Subsurface
Gravel Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found on Page D-14)
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Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at Section IV.O.2;
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along at least 50 percent of the
shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff
for beneficial reuse, such as irrigation;
(e) designed with a slope of less than two percent;
(f) designed with a slope of equal to or greater than two percent;
(g) manufactured treatment devices that meet the definition of green infrastructure at Section II;
(h) manufactured treatment devices that do not meet the definition of green infrastructure at Section II.
G.
An alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate may be used if the design engineer
demonstrates the capability of the proposed alternative stormwater management measure
and/or the validity of the alternative rate or method to the municipality. A copy of any
approved alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate shall be provided to the Department in
accordance with Section 607.B. Alternative stormwater management measures may be used
to satisfy the requirements at Section 604.O only if the measures meet the definition of
green infrastructure at Section 602. Alternative stormwater management measures that
function in a similar manner to a BMP listed at Section 604.O.2 are subject to the
contributory drainage area limitation specified at Section 604.O.2 for that similarly
functioning BMP. Alternative stormwater management measures approved in accordance
with this subsection that do not function in a similar manner to any BMP listed at Section
604.O.2 shall have a contributory drainage area less than or equal to 2.5 acres, except for
alternative stormwater management measures that function similarly to cisterns, grass
swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds,
which are not subject to a contributory drainage area limitation. Alternative measures that
function similarly to standard constructed wetlands or wet ponds shall not be used for
compliance with the stormwater runoff quality standard unless a variance in accordance
with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section 604.D
is granted from Section 604.O.
H.
Whenever the stormwater management design includes one or more BMPs that will
infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on
the groundwater table and design the site, so as to avoid adverse hydraulic impacts.
Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally
or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or
interference with the proper operation of subsurface sewage disposal systems or other
subsurface structures within the zone of influence of the groundwater mound, or
interference with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
1. Stormwater management measures shall be designed to take into account the
existing site conditions, including, but not limited to, environmentally critical areas;
wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type,
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permeability, and texture; drainage area and drainage patterns; and the presence of
solution-prone carbonate rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance,
facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall
be installed at the intake to the outlet structure, as appropriate, and shall have
parallel bars with one- inch spacing between the bars to the elevation of the water
quality design storm. For elevations higher than the water quality design storm, the
parallel bars at the outlet structure shall be spaced no greater than one-third the
width of the diameter of the orifice or one-third the width of the weir, with a
minimum spacing between bars of one inch and a maximum spacing between bars
of six inches. In addition, the design of trash racks must comply with the
requirements of Section 609.C;
3.
Stormwater management measures shall be designed, constructed, and installed to
be strong, durable, and corrosion resistant. Measures that are consistent with the
relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-
7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety
standards for stormwater management BMPs at Section 609; and
5.
The size of the orifice at the intake to the outlet from the stormwater management
BMP shall be a minimum of two and one-half inches in diameter.
J.
Manufactured treatment devices may be used to meet the requirements of this
subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation
for Advanced Technology and certified by the Department. Manufactured treatment devices
that do not meet the definition of green infrastructure at Section 602 may be used only under
the circumstances described at Section 604.O.4.
K.
Any application for a new agricultural development that meets the definition of major
development at Section II shall be submitted to the Soil Conservation District for review
and approval in accordance with the requirements at Sections 604.O, P, Q and R and any applicable
Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes
of this subsection, "agricultural development" means land uses normally associated with the
production of food, fiber, and livestock for sale. Such uses do not include the development of land for
the processing or sale of food and the manufacture of agriculturally related products.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards at Section 604.P, Q and R shall be met in
each drainage area, unless the runoff from the drainage areas converge onsite and no adverse
environmental impact would occur as a result of compliance with any one or more of the
individual standards being determined utilizing a weighted average of the results achieved for
that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater
management plan or ordinance shall be reflected in a deed notice recorded in the Somerset
County Recorder of Deeds. A form of deed notice shall be submitted to the municipality for
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approval prior to filing. The deed notice shall contain a description of the stormwater
management measure(s) used to meet the green infrastructure, groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards at Section 604.O, P, Q
and R and shall identify the location of the stormwater management measure(s) in NAD 1983
State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees.
The deed notice shall also reference the maintenance plan required to be recorded upon the
deed pursuant to Section 611.B.5. Prior to the commencement of construction, proof that the
above required deed notice has been filed shall be submitted to the municipality. Proof that
the required information has been recorded on the deed shall be in the form of either a copy
of the complete recorded document or a receipt from the clerk or other proof of recordation
provided by the recording office. However, if the initial proof provided to the municipality is
not a copy of the complete recorded document, a copy of the complete recorded document
shall be provided to the municipality within 180 calendar days of the authorization granted by
the municipality.
N.
A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval of the
municipality, if the municipality determines that the proposed alteration or replacement meets
the design and performance standards pursuant to Section 604 of this ordinance and provides
the same level of stormwater management as the previously approved stormwater
management measure that is being altered or replaced. If an alteration or replacement is
approved, a revised deed notice shall be submitted to the municipality for approval and
subsequently recorded with the Somerset County Recorder of Deeds and shall contain a
description and location of the stormwater management measure, as well as reference to the
maintenance plan, in accordance with M above. Prior to the commencement of construction,
proof that the above required deed notice has been filed shall be submitted to the municipality
in accordance with M above.
O.
Green Infrastructure Standards
1.
This subsection specifies the types of green infrastructure BMPs that may be used
to satisfy the groundwater recharge, stormwater runoff quality, and stormwater
runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Section
604.P and Q, the design engineer shall utilize green infrastructure BMPs identified in
Table 1 at Section 604.F. and/or an alternative stormwater management measure approved
in accordance with Section 604.G. The following green infrastructure BMPs are subject to
the following maximum contributory drainage area limitations:
Best Management
Practice
Maximum Contributory
Drainage Area
Dry Well
1 acre
Manufactured Treatment Device
2.5 acres
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Pervious Pavement Systems
Area of additional inflow cannot
exceed three times the area
occupied by the BMP
Small-scale Bioretention
Systems
2.5 acres
Small-scale Infiltration Basin
2.5 acres
Small-scale Sand Filter
2.5 acres
3.
To satisfy the stormwater runoff quantity standards at Section 604.R, the design
engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative
stormwater management measure approved in accordance with Section 604.G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict
compliance in accordance with Section 604.D is granted from the requirements of
this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater
management measure approved in accordance with Section 604.G may be used to
meet the groundwater recharge, stormwater runoff quality, and stormwater runoff
quantity standards at Section 604.P, Q and R.
5.
For separate or combined storm sewer improvement projects, such as sewer
separation, undertaken by a government agency or public utility (for example, a
sewerage company), the requirements of this subsection shall only apply to areas
owned in fee simple by the government agency or utility, and areas within a right-
of-way or easement held or controlled by the government agency or utility; the
entity shall not be required to obtain additional property or property rights to fully
satisfy the requirements of this subsection. Regardless of the amount of area of a
separate or combined storm sewer improvement project subject to the green
infrastructure requirements of this subsection, each project shall fully comply with
the applicable groundwater recharge, stormwater runoff quality control, and
stormwater runoff quantity standards at Section 604.P, Q and R, unless the project is
granted a waiver from strict compliance in accordance with Section 604.D.
P.
Groundwater Recharge Standards
1.
This subsection contains the minimum design and performance standards for
groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff
and groundwater recharge calculations at Section V, either:
i. Demonstrate through hydrologic and hydraulic analysis that the site and its
stormwater management measures maintain 100 percent of the average
annual pre- construction groundwater recharge volume for the site; or
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ii. Demonstrate through hydrologic and hydraulic analysis that the increase of
stormwater runoff volume from pre-construction to post-construction for the
projected 2-year storm, as defined and determined pursuant to Section 606.D
of this ordinance, is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the
“urban redevelopment area,” or to projects subject to 4 below.
4.
The following types of stormwater shall not be recharged:
i. Stormwater from areas of high pollutant loading. High pollutant loading areas are
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; areas where recharge
would be inconsistent with Department approved remedial action work plan
approved pursuant to the Administrative Requirements for the Remediation of
Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and
areas; and areas with high risks for spills of toxic materials, such as gas stations and
vehicle maintenance facilities; and
ii. Industrial stormwater exposed to “source material.” “Source material” means any
material(s) or machinery, located at an industrial facility, that is directly or
indirectly related to process, manufacturing or other industrial activities, which
could be a source of pollutants in any industrial stormwater discharge to
groundwater. Source materials include, but are not limited to, raw materials;
intermediate products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that are related to
process, manufacturing, or other industrial activities that are exposed to
stormwater.
Q.
Stormwater Runoff Quality Standards
1.
This subsection contains the minimum design and performance standards to control
stormwater runoff quality impacts of major development. Stormwater runoff
quality standards are applicable when the major development results in an increase of one-
quarter acre or more of regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-
construction load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
i. Eighty percent TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase of
motor vehicle surface
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ii. If the surface is considered regulated motor vehicle surface because the
water quality treatment for an area of motor vehicle surface that is currently
receiving water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant is to be modified or removed, the project shall maintain or increase the
existing TSS removal of the anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff in a
discharge regulated under a numeric effluent limitation for TSS imposed under the
New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C.
7:14A, or in a discharge specifically exempt under a NJPDES permit from this
requirement. Every major development, including any that discharge into a
combined sewer system, shall comply with 2 above, unless the major development
is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or
the NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two hours. Water
quality calculations shall take into account the distribution of rain from the water
quality design storm, as reflected in Table 4, below. The calculation of the volume
of runoff may take into account the implementation of stormwater management
measures.
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Table 4 - Water Quality Design Storm Distribution
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5.
If more than one BMP in series is necessary to achieve the required 80 percent TSS
reduction for a site, the applicant shall utilize the following formula to calculate TSS
reduction:
R = A + B – (A x B) / 100,
Where:
R = total TSS Percent Load Removal from application of both BMPs, A = the
TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP.
6.
Stormwater management measures shall also be designed to reduce, to the maximum
extent feasible, the post-construction nutrient load of the anticipated load from the
developed site in stormwater runoff generated from the water quality design storm. In
achieving reduction of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal while still
achieving the performance standards in Section 604.P, Q and R.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management
measures shall be designed to prevent any increase in stormwater runoff to waters
classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot
riparian zones along Category One waters, as designated in the Surface Water Quality
Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A
person shall not undertake a major development that is located within or discharges into a
300-foot riparian zone without prior authorization from the Department under N.J.A.C.
7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff
from the water quality design storm that is discharged within a 300-foot riparian zone
shall be treated in accordance with this subsection to reduce the post-construction load
of total suspended solids by 95 percent of the anticipated load from the developed site,
expressed as an annual average.
10. This stormwater runoff quality standards do not apply to the construction of one
individual single-family dwelling, provided that it is not part of a larger development or
subdivision that has received preliminary or final site plan approval prior to December
3, 2018, and that the motor vehicle surfaces are made of pervious material(s) such as
gravel, dirt, and/or shells.
R.
Stormwater Runoff Quantity Standards
1.
This subsection contains the minimum design and performance standards to control
stormwater runoff quantity impacts of major development.
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2.
In order to control stormwater runoff quantity impacts, the design engineer shall,
using the assumptions and factors for stormwater runoff calculations at Section 606,
complete one of the following:
i. Demonstrate through hydrologic and hydraulic analysis that for stormwater
leaving the site, post-construction runoff hydrographs for the current and
projected 2-, 10-, and 100-year storm events, as defined and determined in
Section 606.C and D, respectively, of this ordinance, do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same storm
events;
ii. Demonstrate through hydrologic and hydraulic analysis that there is no
increase, as compared to the pre-construction condition, in the peak runoff rates
of stormwater leaving the site for the current and projected 2-, 10-, and 100-
year storm events, as defined and determined pursuant to Section 606.C and D,
respectively, of this ordinance, and that the increased volume or change in
timing of stormwater runoff will not increase flood damage at or downstream of
the site. This analysis shall include the analysis of impacts of existing land uses
and projected land uses assuming full development under existing zoning and
land use ordinances in the drainage area;
iii. Design stormwater management measures so that the post-construction peak
runoff rates for the current and projected 2-, 10- and 100-year storm events, as
defined and determined in Section 606.C and D, respectively, of this ordinance,
are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater runoff
that is attributable to the portion of the site on which the proposed development
or project is to be constructed; or
iv. In tidal flood hazard areas, stormwater runoff quantity analysis in accordance
with 2.i, ii and iii above is required unless the design engineer demonstrates
through hydrologic and hydraulic analysis that the increased volume, change in
timing, or increased rate of the stormwater runoff, or any combination of the
three will not result in additional flood damage below the point of discharge of
the major development. No analysis is required if the stormwater is discharged
directly into any ocean, bay, inlet, or the reach of any watercourse between its
confluence with an ocean, bay, or inlet and downstream of the first water
control structure.
3.
The stormwater runoff quantity standards shall be applied at the site’s boundary to
each abutting lot, roadway, watercourse, or receiving storm sewer system.
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Section 605. Stormwater Management Requirements for Minor Development
A.
Application for Approval
1. In cases where the development of land involves the construction of a building or other
facility requiring a construction permit or application to the Land Use Board, the Zoning
Officer will determine whether the development involves the construction or installation of
an impervious surface equal to or greater than 2,000 s.f. If the extent of work to be
undertaken is such that requires review and approval with regard to the provisions of this
Article, the applicant shall proceed to submit an application and other data as outlined in
605.B to the Township Engineer. The Township Engineer will approve, tentatively
disapprove, or disapprove the application within 35 calendar days after submitted to them.
2. In cases where the development does not require the construction of a building or other
facility requiring a construction permit, the applicant shall submit an application and other
data as outlined in Section 605.B herein, directly to the Township Engineer for review. The
Township Engineer will approve, tentatively disapprove, or disapprove the application
within 35 calendar days after submitted to them. If disapproved, the applicant may seek
relief from the Land Use Board under Section 904 (b) of the Land Development
Ordinance.
B.
Data Required
Any application for minor developments must be accompanied by the following data
with the payment of the appropriate fees:
1. Plot plan showing dimensions of the property, proposed buildings dimensioned from each
side to the shortest lot line, driveways, patios, sidewalks, etc. The plan must include
existing and proposed elevations and contour lines over the entire area of the proposed
property, together with watercourses and an indication of the final disposal of the surface
waters. All elevations shall be related to one (1) permanent benchmark identified on the
plan. Contours shall be shown at not more than two-foot intervals. Any existing feature to
be removed or relocated shall be indicated. Flood Hazard area limits and wetlands shall
be shown.
2. Calculations for estimating pre and post development runoff prepared by a Professional
Engineer based on the methodologies outlined in Section 606, with a design that satisfies
the stormwater rate requirements of Section 603.R.
Section 606. Calculation of Stormwater Runoff and Groundwater Recharge.
A. Stormwater runoff shall be calculated in accordance with the following:
1. The design engineer shall calculate runoff using the following method:
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i. The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as
described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended and
supplemented. This methodology is additionally described in Technical Release
55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the Natural Resources Conservation
Service website at:
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, New Jersey State Office.
2. For the purpose of calculating curve numbers and groundwater recharge, there is a
presumption that the pre-construction condition of a site or portion thereof is a wooded
land use with good hydrologic condition. The term “curve number” applies to the
NRCS methodology above at Section 606.A.1.i. A curve number or a groundwater
recharge land cover for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has existed on the site or
portion of the site for at least five years without interruption prior to the time of
application. If more than one land cover have has existed on the site during the five
years immediately prior to the time of application, the land cover with the lowest
runoff potential shall be used for the computations. In addition, there is the
presumption that the site is in good hydrologic condition (if the land use type is
pasture, lawn, or park), with good cover (if the land use type is woods), or with good
hydrologic condition and conservation treatment (if the land use type is cultivation).
3. In computing pre-construction stormwater runoff, the design engineer shall account
for all significant land features and structures, such as ponds, wetlands, depressions,
hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and
volumes.
4. In computing stormwater runoff from all design storms, the design engineer shall
consider the relative stormwater runoff rates and/or volumes of pervious and
impervious surfaces separately to accurately compute the rates and volume of
stormwater runoff from the site. To calculate runoff from unconnected impervious
cover, urban impervious area modifications as described in the NRCS Technical
Release 55 – Urban Hydrology for Small Watersheds or other methods may be
employed.
5. If the invert of the outlet structure of a stormwater management measure is below the
flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer
shall take into account the effects of tailwater in the design of structural stormwater
management measures.
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B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-
Recharge Areas in New Jersey, incorporated herein by reference as amended and
supplemented. Information regarding the methodology is available from the New Jersey
Stormwater Best Management Practices Manual; at the New Jersey Geological Survey
website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code
29-01, Trenton, New Jersey 08625-0420.
C.
The precipitation depths of the current two-, 10-, and 100-year storm events shall be
determined by multiplying the values determined in accordance with items 1 and 2 below:
1.
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service’s Atlas 14 Point Precipitation Frequency
Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data
is available at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
2.
The applicant shall utilize Table 5: Current Precipitation Adjustment Factors
below, which sets forth the applicable multiplier for the drainage area(s) of the site, in
accordance with the county or counties where the drainage area(s) of the site is located.
Where the major development lies in more than one county, the precipitation values shall be
adjusted according to the percentage of the drainage area in each county. Alternately,
separate rainfall totals can be developed for each county using the values in the table below.
Table 5: Current Precipitation Adjustment Factors
County
Current Precipitation Adjustment Factors
2-year
Design Storm
10-year
Design Storm
100-year
Design Storm
Somerset
1.00
1.03
1.09
D. Table 6: Future Precipitation Change Factors provided below sets forth the change factors
to be used in determining the projected two-, 10-, and 100-year storm events for use in this
chapter, which are organized alphabetically by county. The precipitation depth of the
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projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying
the precipitation depth of the two-, 10-, and 100-year storm events determined from the
National Weather Service’s Atlas 14 Point Precipitation Frequency Estimates pursuant to
(c)1 above, by the change factor in the table below, in accordance with the county or
counties where the drainage area(s) of the site is located. Where the major development
and/or its drainage area lies in more than one county, the precipitation values shall be
adjusted according to the percentage of the drainage area in each county. Alternately,
separate rainfall totals can be developed for each county using the values in the table
below.
Table 6: Future Precipitation Change Factors
Future Precipitation Change Factors
2-year
Design Storm
10-year
Design Storm
10-year
Design Storm
Somerset
1.19
1.24
1.48
Section 607. Sources for Technical Guidance.
A. Technical guidance for stormwater management measures can be found in the documents
listed below, which are available to download from the Department’s website at:
https://dep.nj.gov/stormwater/bmp-manual/.
1. Guidelines for stormwater management measures are contained in the New Jersey
Stormwater Best Management Practices Manual, as amended and supplemented.
Information is provided on stormwater management measures such as, but not limited
to, those listed in Tables 1, 2, and 3.
2. Additional maintenance guidance is available on the Department’s website at:
https://dep.nj.gov/stormwater/maintenance-guidance/
B. Submissions required for review by the Department should be mailed to:
The Division of Watershed Protection and Restoration, New Jersey Department of Environmental
Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.
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Section 608. Solids and Floatable Materials Control Standards.
A. Site design features identified under Section 604.F above, or alternative designs in
accordance with Section 604.G above, to prevent discharge of trash and debris from
drainage systems shall comply with the following standard to control passage of solid and
floatable materials through storm drain inlets. For purposes of this paragraph, “solid and
floatable materials” means sediment, debris, trash, and other floating, suspended, or
settleable solids. For exemptions to this standard see Section 608.A.2 below.
1. Design engineers shall use one of the following grates whenever they use a grate in
pavement or another ground surface to collect stormwater from that surface into a
storm drain or surface water body under that grate:
i. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which
is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and
Bikeways Planning and Design Guidelines; or
ii. A different grate, if each individual clear space in that grate has an area of no
more than seven (7.0) square inches, or is no greater than one-half (0.5) inches
across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on storm sewer
manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains.
Examples of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open
channels, and stormwater system floors used to collect stormwater from the
surface into a storm drain or surface water body.
iii. For curb-opening inlets, including curb-opening inlets in combination inlets, the
clear space in that curb opening, or each individual clear space if the curb opening
has two or more clear spaces, shall have an area of no more than seven (7.0)
square inches, or be no greater than two (2.0) inches across the smallest
dimension.
2. The standard in A.1. above does not apply:
i. Where each individual clear space in the curb opening in existing curb-opening inlet
does not have an area of more than nine (9.0) square inches;
ii. Where the municipality agrees that the standards would cause inadequate hydraulic
performance that could not practicably be overcome by using additional or larger storm
drain inlets;
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iii. Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are
conveyed through any device (e.g., end of pipe netting facility, manufactured
treatment device, or a catch basin hood) that is designed, at a minimum, to prevent
delivery of all solid and floatable materials that could not pass through one of the
following:
a. A rectangular space four and five-eighths (4.625) inches long and one and one-
half (1.5) inches wide (this option does not apply for outfall netting facilities);
or
b. A bar screen having a bar spacing of one-half (0.5) inches.
Note that these exemptions do not authorize any infringement of requirements in the
Residential Site Improvement Standards for bicycle safe grates in new residential
development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
iv. Where flows are conveyed through a trash rack that has parallel bars with one-
(1.0) inch spacing between the bars, to the elevation of the Water Quality Design
Storm as specified in N.J.A.C. 7:8; or
v. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-
7.2(c), that action to meet this standard is an undertaking that constitutes an
encroachment or will damage or destroy the New Jersey Register listed historic
property.
vi.
Section 609. Safety Standards for Stormwater Management Basins.
A. This section sets forth requirements to protect public safety through the proper design and
operation of stormwater management BMPs. This section applies to any new stormwater
management BMP.
B. The Township may require existing stormwater management BMPs to be retrofitted to
meet one or more of the safety standards in Section 609.C.1, 609.C.2, and 609.C.3 for
trash racks, overflow grates, and escape provisions at outlet structures. The provisions of
this section are not intended to preempt more stringent municipal or county safety
requirements for new or existing stormwater management BMPs.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions
1. A trash rack is a device designed to catch trash and debris and prevent the clogging of
outlet structures. Trash racks shall be installed at the intake to the outlet from the
Stormwater management BMP to ensure proper functioning of the BMP outlets in
accordance with the following:
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i. The trash rack shall have parallel bars, with no greater than six-inch spacing
between the bars;
ii. The trash rack shall be designed so as not to adversely affect the hydraulic
performance of the outlet pipe or structure;
iii. The average velocity of flow through a clean trash rack is not to exceed two and
one-half (2.5) feet per second under the full range of stage and discharge. Velocity
is to be computed on the basis of the net area of opening through the rack; and
iv. The trash rack shall be constructed of rigid, durable, and corrosion resistant
material and designed to withstand a perpendicular live-loading of 300 pounds per
square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow structure. If an
outlet structure has an overflow grate, such grate shall meet the following
requirements:
i. The overflow grate shall be secured to the outlet structure but removable for
emergencies and maintenance.
ii. The overflow grate spacing shall be no greater than two inches across the smallest
dimension
iii. The overflow grate shall be constructed and installed to be rigid, durable, and
corrosion resistant, and shall be designed to withstand a perpendicular live-loading
of 300 pounds per square foot.
3. Stormwater management BMPs shall include escape provisions as follows:
i. If a stormwater management BMP has an outlet structure, escape provisions shall be
incorporated in or on the structure. Escape provisions include the installation of
permanent ladders, steps, rungs, or other features that provide easily accessible means of
egress from stormwater management BMPs. With the prior approval of the municipality
pursuant to 609.C, a free-standing outlet structure may be exempted from this
requirement;
ii. Safety ledges shall be constructed on the slopes of all new stormwater management
BMPs having a permanent pool of water deeper than two and one-half (2.5) feet. Safety
ledges shall be comprised of two steps. Each step shall be four to six feet in width. One
step shall be located approximately two and one-half feet below the permanent water
surface, and the second step shall be located one to one and one- half feet above the
permanent water surface. See 609.E for an illustration of safety ledges in a stormwater
management BMP; and
iii. In new stormwater management BMPs, the maximum interior slope for an earthen dam,
embankment, or berm shall not be steeper than three horizontal to one vertical.
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D. Variance or Exemption from Safety Standard
A variance or exemption from the safety standards for stormwater management BMPs may be
granted only upon a written finding by the municipality that the variance or exemption will not
constitute a threat to public safety.
E. Safety Ledge Illustration
Elevation View –Basin Safety Ledge Configuration
Section 610. Requirements for a Site Development Stormwater Plan.
A. Submission of Site Development Stormwater Plan
1. Whenever an applicant seeks municipal approval of a major development subject to
this ordinance, the applicant shall submit all of the required components of the
Checklist for the Site Development Stormwater Plan in accordance with Section
610.C below as part of the submission of the application for approval.
2. The applicant shall demonstrate that the project meets the standards set forth in this
ordinance.
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3. The applicant shall submit three (3) hardcopies and one (1) pdf electronic file of the
materials listed in the checklist for site development stormwater plans in accordance
with Section 610.C of this ordinance.
B. Site Development Stormwater Plan Approval
The applicant's Site Development project shall be reviewed as a part of the review process by
the municipal board or official from which municipal approval is sought. That municipal board
or official shall consult the municipality’s review engineer to determine if all of the checklist
requirements have been satisfied and to determine if the project meets the standards set forth in
this ordinance.
C. Submission of Site Development Stormwater Plan
The following information shall be required:
1. Topographic Base Map
The reviewing engineer may require upstream tributary drainage system information as
necessary. It is recommended that the topographic base map of the site be submitted which
extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of
1"=200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils,
perennial or intermittent streams that drain into or upstream of the Category One waters,
wetlands and flood plains along with their appropriate buffer strips, marshlands and other
wetlands, pervious or vegetative surfaces, existing man- made structures, roads, bearing and
distances of property lines, and significant natural and manmade features not otherwise shown.
2. Environmental Site Analysis
A written and graphic description of the natural and man-made features of the site and its
surroundings should be submitted. This description should include a discussion of soil
conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should
be given to unique, unusual, or environmentally sensitive features and to those that provide
particular opportunities or constraints for development.
3. Project Description and Site Plans
A map (or maps) at the scale of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural facilities for stormwater
management and sediment control, and other permanent structures. The map(s) shall also
clearly show areas where alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations. A written description
of the site plan and justification for proposed changes in natural conditions shall also be
provided.
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4. Land Use Planning and Source Control Plan
This plan shall provide a demonstration of how the goals and standards of Sections 603
through 606 are being met. The focus of this plan shall be to describe how the site is being
developed to meet the objective of controlling groundwater recharge, stormwater quality and
stormwater quantity problems at the source by land management and source controls whenever
possible.
5. Stormwater Management Facilities Map
The following information, illustrated on a map of the same scale as the topographic base map,
shall be included:
i. Total area to be disturbed, paved or built upon, proposed surface contours, land
area to be occupied by the stormwater management facilities and the type of
vegetation thereon, and details of the proposed plan to control and dispose of
stormwater.
ii. Details of all stormwater management facility designs, during and after
construction, including discharge provisions, discharge capacity for each outlet at
different levels of detention and emergency spillway provisions with maximum
discharge capacity of each spillway.
6. Calculations
i. Comprehensive hydrologic and hydraulic design calculations for the pre- development
and post-development conditions for the design storms specified in Section 604 of this
ordinance.
ii. When the proposed stormwater management control measures depend on the hydrologic
properties of soils or require certain separation from the seasonal high- water table, then
a soils report shall be submitted. The soils report shall be based on onsite boring logs or
soil pit profiles. The number and location of required soil borings or soil pits shall be
determined based on what is needed to determine the suitability and distribution of soils
present at the location of the control measure.
7. Maintenance and Repair Plan
The design and planning of the stormwater management facility shall meet the
maintenance requirements of Section 611.
8. Waiver from Submission Requirements
The municipal official or board reviewing an application under this ordinance may, in
consultation with the municipality’s review engineer, waive submission of any of the
requirements in Section 610.C.1 through 610.C.6 of this ordinance when it can be
demonstrated that the information requested is impossible to obtain or it would create a
hardship on the applicant to obtain and its absence will not materially affect the review
process.
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Section 611. Maintenance and Repair.
A. Applicability
1. Projects subject to review as in Section 601.C.1 of this ordinance shall comply with
the requirements of Section 610.B and 610.C 611.B and 611.C.
2. Stormwater facilities not owned or operated by the Township constructed after
February 7, 1984
B. General Maintenance for Projects applicable under 611.A.1:
1. The design engineer shall prepare a maintenance plan for the stormwater management
measures incorporated into the design of a major development.
2. The maintenance plan shall contain specific preventative maintenance tasks and
schedules; cost estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person or persons
responsible for preventative and corrective maintenance (including replacement). The
plan shall contain information on BMP location, design, ownership, maintenance tasks
and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as
well as the tasks specific to the type of BMP, as described in the applicable chapter
containing design specifics.
3. If the maintenance plan identifies a person other than the property owner (for
example, a developer, a public agency or homeowners' association) as having the
responsibility for maintenance, the plan shall include documentation of such person's
or entity’s agreement to assume this responsibility, or of the owner's obligation to
dedicate a stormwater management facility to such person under an applicable
ordinance or regulation.
4. Responsibility for maintenance shall not be assigned or transferred to the owner or
tenant of an individual property in a residential development or project, unless such
owner or tenant owns or leases the entire residential development or project. The
individual property owner may be assigned incidental tasks, such as weeding of a
green infrastructure BMP, provided the individual agrees to assume these tasks;
however, the individual cannot be legally responsible for all of the maintenance
required.
5. If the party responsible for maintenance identified under Section 611.B.3 above is not
a public agency, the maintenance plan and any future revisions based on Section
611.B.7 below shall be recorded upon the deed of record for each property on which
the maintenance described in the maintenance plan must be undertaken.
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6. Preventative and corrective maintenance shall be performed to maintain the functional
parameters (storage volume, infiltration rates, inflow / outflow capacity, etc.).of the
stormwater management measure, including, but not limited to, repairs or replacement
to the structure; removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of vegetation; and
repair or replacement of non-vegetated linings.
C. General Maintenance for Projects applicable under 611.A.2:
1. The property owner shall perform maintenance in accordance with the
maintenance plan provided to them by the Township.
2. Preventative and corrective maintenance shall be performed to maintain the
functional parameters (storage volume, infiltration rates, inflow / outflow capacity,
etc.).of the stormwater management measure, including, but not limited to, repairs
or replacement to the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
D.
The party responsible for maintenance identified under Section 611.B.3 and 611.C.1
above shall perform all of the following requirements:
1. maintain a detailed log of all preventative and corrective maintenance for the
structural stormwater management measures incorporated into the design of the
development, including a record of all inspections and copies of all maintenance-
related work orders;
2. evaluate the effectiveness of the maintenance plan at least once per year and
adjust the plan and the deed as needed; and
3. Provide a copy to the Township prior to January 1st of each calendar year, retain
and make available, upon request by any public entity with administrative, health,
environmental, or safety authority over the site, the maintenance plan and the
documentation required by Section 611.B.6 & 611.D.1 above.
7. The requirements of Section 611.B.3 and B.4 do not apply to stormwater management
facilities that are dedicated to and accepted by the municipality or another
governmental agency, subject to all applicable municipal stormwater general permit
conditions, as issued by the Department.
8. In the event that the stormwater management facility becomes a danger to public
safety or public health, or if it is in need of maintenance or repair, the municipality
shall so notify the responsible person in writing. Upon receipt of that notice, the
responsible person shall have fourteen (14) days to effect maintenance and repair of
the facility in a manner that is approved by the municipal engineer or their designee.
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The municipality, in its discretion, may extend the time allowed for effecting
maintenance and repair for good cause. If the responsible person fails or refuses to
perform such maintenance and repair, the municipality or County may immediately
proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment
of such bill may result in a lien on the property.
E. Nothing in this subsection shall preclude the municipality in which the major
development is located from requiring the posting of a performance or maintenance
guarantee in accordance with N.J.S.A. 40:55D-53.
Section 612. Penalties.
A. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building,
structure or land in violation of this ordinance shall be subject to penalties prescribed in Article
12 of the Land Development Ordinance.
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ARTICLE 7
DESIGN AND PERFORMANCE STANDARDS
701.
GENERAL
701.1
Any development shall demonstrate conformance to design standards that will encourage
sound development patterns within the Township. Where either an Official Map or Master Plan has been
adopted, the development shall conform to the proposals end conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood
control basins shown on the officially adopted Master Plan or Official Map shall be considered in
approval of development plans. In accordance with good design practices, extreme deviations from
rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special
topographical conditions or other special conditions and acceptable to the Approving Authority. All
improvements shall be installed and connected with existing facilities or installed in required locations to
enable future connections with approved systems or contemplated systems and shall be adequate to
handle all present and probable future development.
701.2
Character of the Land.
Land which the: Approving Authority finds to be in areas identified in the Natural Resources Inventory
as having severe or moderate soil characteristics particularly as the land relates to flooding, improper
drainage, steep slopes, rock formations, soil conditions, adverse topography, utility easements, or other
features which can reasonably be expected to be harmful to the health, safety and general welfare of the
present or future inhabitants of the development, and/or its surrounding areas, shall not be subdivided and
site plans shall not be approved unless adequate and acceptable methods are formulated by the developer
to solve the problems by methods meeting this ordinance and all other regulations.
701.3
Plats Straddling Municipal Boundaries.
Whenever a development abuts or crosses a municipal boundary, access to those lots within this
Township shall be from within this Township as a general rule. Whenever access to a development is
required across lend in an adjoining community as the exception, the Approving Authority may require
documentation that such access is legally established, and that the access road is adequately improved.
701.4
Development Name.
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The proposed name of the development shall not duplicate, or too closely approximate, the name of any
other development in this Township. The Approving Authority shall have final authority to designate the
name of the development which shall be determined at the sketch plat stage.
701.5
Findings with Respect to Individual Lot.
In the official resolution approving the design layout of any development application, the Approving
Authority shall make a specific finding that all of the proposed lots shown on the development plat are
suitable and useable for the intended purpose, and that each proposed lot contains sufficient area to
accommodate the proposed building or buildings, proposed accessory structures, proposed parking, the
proposed potable water supply, the proposed sewage disposal system, as well as to provide adequate
space for all front, side and rear yard setbacks required by the Zoning Ordinance. The Approving
Authority shall also make a specific finding that the development application being approved does not
require variance, conditional use approvals, plan-design waivers or relief from any other ordinance
requirement, nor does it violate the terms or conditions imposed upon the subject property as a part of
any earlier development application approval. If variance or other relief is required, the Approving
Authority shall specify the type of relief required.
701.6
Lots Not Suitable
If the Approving Authority finds that one or more of the proposed lots do not comply with the foregoing
standards, then the design layout of the development shall not be approved, and the applicant shall be
directed to submit a revised design layout. The official findings of the Approving Authority shall state
which of the proposed lots was found to be unsuitable, and shall state the reasons for the finding of
unsuitability, making reference to specific provisions, terms or conditions imposed by earlier
development approval resolutions, or the Land Development Ordinance, or the Zoning Ordinance, or any
other local ordinances or of any law of the State of New Jersey which forms part of the basis for the
denial of approval.
702.
REQUIRED IMPROVEMENTS
Prior to final approval, the developer shall have installed or shall have installed or shall have furnished
performance guarantees for the completion of all improvements in accordance with the Township Zoning
Ordinance and NJAC 5:21 Residential Site Improvement Standards (RSIS)
702.1
Roads.
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(A)
Excavation and Embankment.
(1)
Description.
Excavation and embankment shall consist of grading the full width of the right-of-way in
conformity with the specifications, accurately to approved line and grade. Grading shall include
clearing and grubbing, removal of obstructions, excavating, forming embankments, shaping and
sloping, compacting, and all other. Work that may be necessary to bring the roadway and its side
slopes to the required grade, alignment and cross sections. Grading of all intersections (roadways,
driveways and approaches) and adjacent property to the limit of the slope lines is included in this
section.
(2)
Clearing and Grubbing.
The developer shall remove and dispose of all trees, stumps, roots, brush, weeds, etc., and till the
holes with suitable material and thoroughly compact the same. Disposal by burning shall be
permitted only with the express permission of the Fire Chief. Culverts shall be cleaned and
cleared of obstructions. All branches of trees which hang within sixteen (16') feet of the surface
of the roadway shall be removed.
(3)
Roadway Excavation.
Roadway excavation shall include the removal and satisfactory disposal of all materials taken
from within the limits of the work that are necessary for the construction and preparation of the
roadbed, embankment, subgrade, shoulders, slopes, side ditches, drainage structures, trenches,
waterways, intersections, approaches and private entrances, as indicated or directed. All suitable
materials removed from the excavations shall be used as far as practicable in the formation of the
embankment, subgrade and shoulders, and at such other places as directed. Ditches and
waterways shall be excavated to the depth and width shown on plans, or as may be indicated or
directed by the Township Engineer. During the construction of the roadway the roadbed shall be
maintained in such condition that it will be well drained at all times.
(4)
Embankments.
Embankments shall be formed of suitable material placed in successive layers of not more than
twelve (12”) inches in depth for the full width of the cross section commencing on a subgrade
approved by the Township Engineer, and shall be compacted by approved mechanical equipment
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and by distributing the necessary hauling uniformly over each succeeding layer. Stumps, trees,
rubbish and/or unsuitable material or substance shall not be placed in the embankment, nor shall
the embankment be commenced on soft or organic-laden soil.
(5)
Borrow Excavation.
When embankment from “offsite” is required, sufficient suitable material shall be obtained by the
developer from borrow pits located beyond the limits of the work. This material, known as
“Borrow”, shall be of a quality satisfactory for the purpose for which it is required, and it shall be
approved by the Township Engineer. Borrow will include the furnishing, removal, placing and
satisfactory compaction of the additional material necessary to complete the embankments,
subgrade and shoulders.
(6)
Formation of Subgrade.
The bottom of the excavation of the box to receive the pavement surface shall be true to line,
grade and cross-section established or indicated on approved drawings. After all drains and
drainage structures have been installed and the subgrade has been shaped and compacted, it shall
be brought to a firm unyielding surface by rolling the entire area with an approved three wheel
power roller weighing not less than ten tons. Any areas which are soft and yielding or which will
not compact readily when rolled or tamped shall be removed All loose rock or boulders found in
the earth excavation shall be removed or broken off to a depth of not less than six (6") inches
below the surface of the subgrade. All holes or depressions made by the removal of material shall
be filled with suitable material and the whole surface compacted uniformly.
If the surface of a present roadway conforms approximately to the surface of the finished
subgrade, it shall be scarified or rooted to a uniform depth for the full width of the paved surface
sufficient to ‘eliminate all depressions and irregularities and to permit uniform reshaping. When
necessary, additional approved material shall be added to bring the subgrade to the desired
elevation and cross section and the whole shall be rolled as previously specified, until thoroughly
compacted. Sod roots and other objectional material shall not be used in forming the subgrade.
(7)
Protection of Subgrade.
All ditches and drains shall be completed before placing any pavement construction material. The
developer shall protect the subgrade and keep it drained at all times. Neither foundation nor
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surfacing material shall be deposited on the subgrade until the subgrade has been checked and
approved by the Township Engineer.
(8)
Slopes.
Slopes in embankment and excavation shall be formed with a slope pot steeper than one (1) unit
vertically to two (2) units horizontally, unless otherwise directed by the Township Engineer.
(9)
Miscellaneous Structures.
The developer shall install underdrains, storm water drains, manholes, inlets, catch basins,
gutters, curb and headers, rubble walls, headwalls and culverts, monuments, guard fence, pipe
railing, street signs and sidewalks or any other miscellaneous structures required on the approved
drawings. The work shall be done in accordance with the current specifications of the New Jersey
State Department of Transportation (Highways)
Storm water drains shall be installed to conduct the drainage along or across the right-of-way.
Inlets, basins, manholes, culverts, and headwalls shall be in-stalled in accordance with the
approved plans.
Curbing shall be installed on all streets and intersections.
Metal street signs on metal posts set in concrete foundations shall be installed at street
intersections as directed by the Township Engineer. There shall be at least one (1) street sign
furnished at “T” intersections and one (1) additional street sign for each additional intersecting
street. See Section 9:4-5 of the Revised Ordinances of the Township of Green Brook (1973).
(B)
Street Widths.
Pursuant to the Master Plan and Residential Site Improvement Standards, the required widths for
design types shall be as follows:
Street Type
Cartway (ft) R.O.W. (ft) Curb
Parking
Neighborhood
30’
50’ Yes Both Sides
Residential Access
28’
50’ No*
One Side
Minor Collector
36’
60’ Yes Both Sides
Low and Medium Intensity
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* curbs or curbs and gutters shall be used for drainage purposes, safety, and delineation and
protection of pavement edge.
Where curbs and gutters are used and where the street is part of a designated bike route as indicated
in the bicycle circulation part of the municipal master plan, the municipality may require that the
cartway width be increased by one (1) foot on each side of the street that uses a curb or gutter.
(C)
Pavement
Chapter 4 “Streets and Parking” of the Residential Site Improvement Standards shall govern. For
improvements not regulated by RSIS, the following requirements shall be followed:
(1)
Subbase Course
The subbase course shall be four (4”) of Soil Aggregate Designation I-5, as approved
by the Township Engineer installed in accordance with the requirements of the
NJDOT Standard Specifications for Road and Bridge Construction, current edition.
(2)
Base Course.
The base course shall be four (4”) of Hot Mix Asphalt Mix I-2, installed in accordance
with the requirements of the NJDOT Standard Specifications for Road and Bridge
Construction, current edition.
(3)
Surface Course
The surface course shall be two (2”) of Hot Mix Asphalt Mix I-5, installed in
accordance with requirements of the NJDOT Standard Specifications for Road and
Bridge Construction, current edition
At any time during construction, and in any event prior to acceptance of the completed roadway, core
samplings, in areas selected by the Township Engineer, shall be submitted by the developer to show
compliance with this Article and with the plans as finally approved.
A minimum of five cores shall be taken for each 10,000 s.y. of bituminous concrete surface or
stabilized base course. In all cases, a minimum of five pavement samples shall be taken for each
bituminous concrete course. Pavement construction required by site plan approval will normally be
exempted from required pavement sampling.
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702.2 Curbing.
All parking areas, driveways, and streets shall have curbing installed, being concrete eight inches (8”)
thick and eighteen inches (18”) deep and shall be installed according to the requirements of the NJDOT
Standard Specifications for Road and Bridge Construction, current edition. Belgium block curbing may
be substituted with the approval of the Township Engineer. The height of the depressed curb at
driveways shall be one and one half inches (1 ½”) above the gutter. Where required for stormwater
management, curb cuts or flush curbs with curb stops may be permitted in conjunction with vegetated
swales to allow the disconnection of impervious surfaces.
702.3 Sidewalks.
Sidewalks shall be installed on streets as required by the Residential Site Improvements Standards
(RSIS). For developments not regulated by RSIS, sidewalks shall be installed along all street frontages.
Sidewalks shall be concrete or, subject to the approval of the Approving Authority, concrete pavers or
permeable paving materials. All sidewalks shall be a minimum of four feet (4’) wide and four inches (4”)
thick, placed one foot (1’) from the property line. At driveways, the sidewalks shall be six inches (6”)
thick and reinforced with steel wire mesh. Sidewalks shall be installed according to the requirements of
the NJDOT Standard Specifications for Road and Bridge Construction, current edition. Sidewalks shall
be designed to discharge stormwater to lawns, where feasible, to disconnect the impervious surfaces.
702.4 Storm sewers; drainage.
Storm drainage shall be installed in accordance with the requirements of the Residential Site
Improvement Standards (RSIS). For developments not regulated by RSIS, storm drainage shall be
installed as per Article 6 of the Land Development Ordinance and Chapter 12-4 of the General
Ordinances of the Township of Green Brook.
702.5 Sanitary Sewers.
Provision shall be made for sanitary sewage in an approved sanitary sewer system and treatment facility,
and shall be adequate for all present and probable future development. Sanitary sewers shall be installed
and connected in accordance with all sanitary sewer ordinances of this Township and its Board of Health,
now or hereafter adopted and with the rules and regulations where applicable, of (a) the Middlesex
County Utilities Authority; (b) the Somerset-Raritan Valley Sewerage Authority; (c) the Joint Meeting of
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the City of Plainfield, Borough of North Plainfield and Borough of Dunellen [Note: this is about to be
superseded by the Plainfield Area Regional Sewerage Authority – 1995]; (d) contract with the Warren
Township Sewerage Authority; (e) contract with the Borough of Watchung; or (f) contract with the
Borough of North Plainfield. When sanitary sewers are not available, sewage disposal shall be in
accordance with requirements of the Green Brook Board of Health and Middlebrook Regional Health
Commission.
702.6 Utilities.
Utilities shall be installed in accordance with the rules and regulations of the Public Utility Commission
and the utility corporations involved. All utilities within a subdivision containing three or mar lots shall
be installed underground in accordance with sound installation practices-and the requirements of the
Public Utility Commission regulating underground-installations; provided, however, that this
requirement may be waived by the Approving Authority in particular circumstances and for special
reasons in subdivisions of less than 20 lots.
702.7 Street Lighting.
Appropriate street lighting shall be installed where designated by the Township Committee.
702.8 Monuments.
Monuments of the size and shape required by Chapter 141 of the Laws of New Jersey of 1960, as
amended and supplemented, shall be placed in accordance with said statute.
702.9 Topsoil Protection.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of
construction shall be redistributed so as to provide at least 4 inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting. See also Article 4 of this, Ordinance.
702.10
Shade Trees.
Shade trees shall be planted on each side of every street at intervals of approximately 50 feet and shall be
size 1 3/4" to 2" and of the following types: European or silver Linden; London or Oriental Plane;
Norway or sugar maple; Red, Pin, Black, Chestnut or Scarlet Oak.
702.11
Water.
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The proposed system of water supply shall be shown and shall be one of two types: either by a water
company operating under the Public Utility Commission, or, only in the event such water company is not
reasonably available, by individual yells installed in accordance with Chapter 199 of the Laws of New
Jersey, 1954, as amended and supplemented, and applicable code of the Green Brook Board of Health.
702.12
Tree Removal and Replacement.
In conjunction with the Tree Removal Plan as defined in Subsection 308.3-13 and 309.5-5 of this
Ordinance, tree removal and replacement shall conform to the following criteria:
A) Tree Removal (Residential Uses)
1)
Tree removal for residential uses shall be planned to save as many trees as reasonably
possible. Tree removal is limited to 50% of the lot area, or ½ acre whichever is less. The
following are permitted to be removed:
a)
All trees within the proposed building footprint and within 30’ around the building
footprint.
b)
All trees within the rear yard areas, provided 50% of the rear yard depth remains
undisturbed.
c)
All trees within 10’ of each side of proposed driveway.
d)
All trees within the limits of the sanitary sewerage disposal field.
e)
All trees which pose a threat or danger to life or property.
2)
The following removal of trees are prohibited in residential areas:
a)
All trees on slopes greater than 20%
b)
All trees in areas in which the removal will remove a barrier and make visible to
adjoining properties or the public street: utility substations, transmission towers,
warehouses, junkyards, landfill operations, and similar structures.
c)
Specimen trees.
3)
Tree removal in non-residential districts shall consider the use of open areas, if possible for
building sites. The following are permitted to be removed:
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a)
All trees within the proposed building footprint and within 30’ around the building
footprint.
b)
All trees within the proposed parking and driveway areas.
c)
All trees within 10’ of all proposed parking and driveway areas.
d)
Trees which pose a threat to danger to life or property.
4)
The following removal of trees are prohibited in non-residential areas:
a)
All trees on slopes greater than 20%
b)
All trees in areas in which the removal will remove a barrier and make visible to
adjoining properties or the public street: utility substations, transmission towers,
warehouses, junkyards, landfill operations, and similar structures.
c)
Specimen trees
B)
Tree Preservation
1)
Any tree to be preserved which is located in an area of land disturbance shall be
protected from damage. If fill is to be placed around the tree, the tree must be
protected by an air well six (6) feet in diameter as needed around the trunk to prevent
the intrusion of soil. Perforated pipes must radiate like spokes from the well to provide
air to the roots. The top of the well must extend six (6) inches above the grade level. If
the tree is of a species that is known to be sensitive to root disturbance or changes in
drainage, it may be removed and must be replaced with another tee acceptable to the
Township.
2)
Any tree to be preserved shall be protected from construction equipment by installing
temporary orange safety fence around the drip line of the tree.
C)
Tree Replacement (Residential and Non-Residential Uses)
1)
For each 1600 square feet of non-wooded area calculated in subsection 308.3-13(a)
and 309.5-5(a), one tree shall be planted on the subject property according to the
following requirements:
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a) Tree replacement shall utilize 80% of the species identified on the
“Environmental Commission Tree List for Commercial/Residential/South/North
of Route 22 and Wildlife Areas” attached as an Appendix to this Ordinance.
b)
No fewer than tree (3) species of tree shall be included in any one acre of land.
Identical species should not be contiguous.
c)
No more than 50% of each hardwood species shall be less than 3 ½ inches
caliper and no hardwood tree shall be less than 2 ½ inches in caliper. No
evergreen tree shall be less than 6’ in height in pruned nursery stock, or eight
feet unpruned stock.
d)
No tree shall be planted closer than 10’ to a lot line, structure, or contiguous
tree. Equal distances and straight lines shall be avoided.
e)
Tree specimens shall be of nursery quality stock with straight trunks, balled,
burlapped, well branched and with healthy roots. Backfill upon plantings will
consist of 50% humus for each tree.
f)
All trees are to be thoroughly watered at the time of planting and at adequate
frequent intervals thereafter.
g)
Each hardwood tree will be staked approximately five (5) feet from the ground
with two stakes. Trees will be wired to both stakes with the wire passing
through a rubber hose section where attached to the tree.
h)
On off-street parking areas, other than single family residences, trees must be
planted in the parking area within curbed islands situated at the ends of parking
rows, or in a planned manner acceptable to the Board.
(2)
In lieu of planting replacement trees, the applicant may be permitted to make a
monetary contribution to a “tree bank” fund established by the Township Committee. The amount of
the contribution shall be $300.00 in 2005 for each replacement tree required in Section 702.12.C(1).
The amount of the contribution shall be adjusted annually by resolution of the Township Committee.
Fifteen (15%) percent of the funds collected pursuant to the terms of the Ordinance shall be
maintained by the Municipality in a separate sub-account for the maintenance and care of all existing
trees on municipally owned lands, Eighty-five (85%) percent of the funds so collected will be placed
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in a separate Municipal sub-account and used for the replacement of trees that may be removed as the
result of land development. All of the funds shall be administered by the Director of Public Works for
use as the Director shall see fit. An annual report shall be submitted to the Township Committee and
shall be used in part to make a determination regarding the amount of contribution for each
succeeding calendar year.
D)
Applicability. This Ordinance shall be applicable to all existing property in the Township of
Green Brook, whether developed or undeveloped, where either the owner or someone at the owner’s
direction or with the owner’s consent shall remove one or more specimen trees as hereinafter defined
from the said premises. This Ordinance shall not apply to removal of specimen trees pursuant to any
application before wither the Green Brook Planning Board or the Green Brook Board of Adjustment
pending on the effective date hereof provided the application has been deemed complete within the
meaning of N.J.S.A. 40:55D-10.3 and all filing fees and escrows relative to the same have been paid.
Also excluded from the provisions of the Tree Removal Sections is any unimproved property for
which development has been approved by action of either the Planning Board or Board of
Adjustment which approval postdates the enactment of the Ordinance known and designated as “The
Zoning Ordinance of Green Brook (1987)”
704.
OFFSITE AND OFF-TRACT IMPROVEMENTS.
Before final approval of a subdivision or site plan, the Approving Authority may require, in accordance with
the standards of this ordinance and an adopted Circulation Plan and Facilities and Open Space Plan, the
installation or the furnishing of a performance guarantee in lieu thereof, of any or all of the following offsite
and off-tract improvements which are necessary or appropriate for the protection of the public interest by
reason of the development’s effect on land other than the developers property: street improvements, water
system, sewerage, drainage facilities and easements therefore.
704.1 Essential offsite improvements.
(A)
In cases in which a development has no direct access to a public street, improved and meeting
the standards of 40:55D-34 and 40:55D-35, or in which it has no direct access to a public sanitary
sewer and does not qualify for sewage disposal by individual sewage disposal systems, the
Approving Authority may nevertheless grant final plat approval, if otherwise meeting the
requirements of this Ordinance, if the developer shall acquire, improve and dedicate to the Township
such street or sanitary sewer connection between the development and an existing improved public
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street or sanitary sewer, as the case may be. as shall be approved by the Approving Authority and the
Township Committee. Such offsite and off-tract connections shall be subject to the provisions of this
Article as if they were required improvements for the development. The dedication thereof shall be
subject to approval of the Township Attorney as to form. The provisions of this section shall be
applicable only upon the request and with the consent of the developer.
(B)
In cases in which surface or other drainage waters are to be diverted from the proposed
development into other drainage facilities, ditches or stormwater systems or onto other lands or onto
any streets or roadways, and it appears that such offsite and off-tract facilities are not adequate to
accommodate the additional waters from the site of the developer or the volume in which the waters
from the site of the developer will he discharged, or that the changes in grade one its or diversion of
surface waters there from will be likely to cause damages to other properties or facilities, so that
provision is required to extend or enlarge or create publicly controlled drainage facilities offsite or
off-tract, and the need for such additional, enlarged and/or new offsite and off-tract facilities is
occasioned by the needs of the development and the proposed development, and that the costs of such
additional, enlarged or new facilities will not be an unreasonable burden upon the developer if borne
solely by the developer in the light of the relationship of such costs to the entire project of the
developer, the Approving Authority may nevertheless grant final approval if the developer shall
acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities, as
the case may be, as shall be approved by the Approving Authority and Township Committee. Such
offsite and off tract drainage improvements shall be subject to the provisions of this Article, as if they
were required improvements within the development. The dedication thereof shall be subject to the
approval of the Township Attorney as to form. In lieu of the developers performing such offsite and
off-tract drainage work, the developer and the Township Committee may enter into an agreement for
such work to be performed by the Township or its contractors at the costs of the developer The
provisions of this section shall be applicable only upon the request and with the consent of the
developer.
(C)
Where the Approving Authority shall determine that offsite and off-tract improvements would
be essential to the development, as set forth in Subsections (A) and/or (B) above, so that the
development cannot proceed without such offsite and off-tract improvements being made as part of
the development, and the developer does not request and consent as above set forth, the application
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shall be denied without prejudice to a future application at such time as the conditions which would
make offsite and off-tract improvements essential no longer apply.
704.2 Advisable Offsite and off-tract improvements.
Where the Approving Authority finds that off site and off-tract improvements would be advisable and
would promote the objectives of this Ordinance and that the same can be most appropriately
accomplished in connection with the development, but that said offsite and off-tract improvements are
not essential to the development as set forth in either 704.1 (A) or (B), above, and particularly where the
offsite and off-tract improvements would be required to be made as a local improvement by the
Township, with the costs thereof to be assessed against all properties (including the property of the
developer) benefited thereby, then the provisions of this Section 704.2 shall apply, as follows:
(A)
At such time during the processing of the development application as the desirability of such
offsite and off-tract improvements shall become apparent to the Approving Authority, but in no event
beyond the time for action on the preliminary plat, the Approving Authority shall refer the matter of
offsite and off-tract improvements to the Township Committee, with recommendations to the
Township Committee with regard thereto.
(B)
If the Township, Committee agrees that the matter should be considered, then the Township
Engineer or other authority retained by the Township Committee for such purpose shall determine the
nature of the offsite and off-tract improvements required or likely to be required in the area,
including:
(1)
The needs created by the developer’s proposed on-site construction or work.
(2)
The then existing needs in the area, notwithstanding any work of developer.
(3)
The reasonably anticipated improvements or foreseeable work on other lands in the area.
(C)
Said Engineer or other authority shall determine the total estimated costs of such estimated
work, including all costs which would be included in any local improvement ordinance which said
Township would be authorized to adopt for said project, and including construction costs,
engineering costs, costs of any easement or right-of-way acquisition, legal and advertising costs,
contingencies and bonding and assessment costs, and costs of temporary financing.
(D)
Said Engineer or other authority shall further determine, from the nature of the area and the
nature of the work and estimated costs, the anticipated amount that the lands of the developer would
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be expected to be assessed under local improvement procedures pursuant to N.J.S.A. 40:56-21 et
seq., as the same may be amended and supplemented, agreement between the developer and the
Township concerning the uses of same, which shall include the following stipulations: that said funds
shall be used by the Township solely for the construction of such offsite and off-tract improvements
as specified in said agreement and for the other expenses incidental thereto, as more particularly set
forth in Subsection (C) above, and the acquisition of any easements or rights-of-way in connection
therewith; that such deposit may be appropriated by the Township, with other funds of the Township,
toward the accomplishment of such purposes, and is that connection maybe commingled with such
other funds so appropriated and may be expended by the Township in connection with such purposes;
that if such deposit is not used by the Township within a specified time agreed upon by the developer,
said funds shall be returned to the developer; that upon completion of the work by the Township or
its contractors, the properties specially benefited by such improvement shall be assessed as provided
by law, including the property of developer; that such deposit of developer shall be credited against
the assessment made upon developers property (whether or not developer is then the owner thereof),
and that if such deposit shall have been less than the amount ultimately assessed and confirmed
against such property, then the then owner or owners of said property shall pay the difference
between the deposit and such assessment, or if the deposit shall exceed the amount so assessed and
confirmed, the excess shall be refunded to the developer, without interest.
(E)
In any case where although the offsite and off-tract improvements may not be found to be the
type of essential offsite and off-tract improvements as defined in Subsection 704.1 (A) or (B) hereof,
said offsite and off-tract improvements are found by the Approving Authority to be advisable and
important to the sound development of the site, and the Township Committee has concurred in said
findings and has determined to proceed in accordance with Subsection 704.2 (11) hereof, particularly
704.2 (11) (2) (a) and (b) above, but the developer is unwilling to make such deposit as specified
there under, then and in that event there shall be no final approval of said development until funds
become available for the initial appropriation required to adopt the local improvement ordinance. The
determination of priority of Township funds and availability thereof for such appropriation is a
legislative function of the Township Committee.
(F)
The determination of the availability of Township funds for appropriation to a local
improvement ordinance shall be in the sole discretion of the Township Committee. mented from time
to time.
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(G)
The Engineer or other authority shall report to the Township Committee the scope of the
recommended project, the estimated total costs, as computed under (C) above, and the estimated
share of the developer, as computed under (D) above.
(H)
Based upon the report of the Engineer or other authority as aforesaid, and the
recommendation of the Approving Authority, the Township Committee shall determine whether to
undertake such offsite and off-tract improvements or portions thereof as a local improvement, the
cost of which will be specially assessed against properties specially benefited thereby in proportion to
and not in excess of the benefits received pursuant to Chapter 56, Title 40 of the Revised Statutes of
New Jersey.
(I)
If the determination of the Township Committee shall be that it will not adopt such ordinance
for the making of such improvements as a local improvement, the final development layout shall be
designed accordingly, and the Approving Authority shall base its further proceedings upon such
determination.
(J)
If the determination, of the Township Committee shall be to proceed to adopt such local
improvement ordinance, it shall proceed in the following manner
(1)
If sufficient township funds are available to the initial appropriation required for said
ordinance, the Township Committee may proceed to appropriate such funds and adopt such
ordinance, and all subsequent proceedings for the making and for the assessment of the costs of
the offsite and off-tract improvements shall be in accordance with such ordinance and the
aforesaid statutes of New Jersey, and the final development layout shall be compatible with the
offsite and off-tract improvements and the Approving Authority shall proceed accordingly.
(2)
If sufficient township funds are not available for the initial appropriation required for said
ordinance, the Township Committee may determine the anticipated amount that the lands of the
developer would be expected ‘to be assessed, accepting the recommendation of the Township
Engineer, or other authority under (D), above, or making its own determination as to such
estimated amount.
(a)
The amount so determined by the Township Committee shall then be deposited by the
developer with the Township Treasurer prior to final approval of the development and prior to
introduction of such local improvement ordinance.
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(b)
Such deposit shall be made concurrent with an
(K)
The determination of the Township Committee as to whether to proceed toward the adoption
of a local improvement ordinance under Subsection 704.2 (I) or 704.2 (J) above shall be made as
soon as practicable after referral by the Approving Authority, but in any case the Township
Committee shall make such determination within forty (40) days after the referral and
recommendation of the Approving Authority, unless such time shall be extended by the consent of
the developer. If no such determination shall be made within such forty (40) day period of within
such time as extended, the Approving Authority may proceed as if the Township Committee had
determined that it would not adopt such local improvement ordinance.
705.
EASEMENTS
705.1
Flood plain and conservation easements shall be indicated on the preliminary and final plats
and shown in such a manner that their boundaries can be accurately determined.
705.2
The removal of trees and ground cover shall be prohibited in a conservation easement or flood
plain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees
and growth to encourage the most desirable growth; and the removal of trees to allow for structures
designed to impound water or in areas to be flooded in the creation of ponds or lakes.
705.3
The boundary line of any easement shall be monumented at its intersection with all existing or
proposed street lines. Such easement dedication shall be expressed on the plat as follows: “___________
easement granted to the Township of Green Brook as provided for in the Land Development Ordinance
of the Township of Green Brook.”
705.4
Whenever the internal grading of a lot is part of the design of the drainage or storm water
system, as by swale, berm, or other topographical feature designed to intercept or direct waters, the same
shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument,
in such a way as to give notice to future owners of said property and to insure continued maintenance of
such drainage feature.
705.5
Easement width shall be as recommended by the Township Engineer, and may involve both
permanent and temporary areas. As a general rule, no permanent drainage easement shall be less than
twenty (20') feet in width.
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705.6
Where storm drains, sewers, utilities or any other rights-of-way or easements are to be located
on lands within the subdivision other than within the roads to be dedicated to the public, said easements
and rights-of-way shall be shown upon the plats, and, in addition thereto, shall be described in a separate
instrument, approved by the Township Attorney, to be recorded setting forth the terms thereof.
705.7
Developments that propose the use of non-structural stormwater management techniques, (i.e.
swales, disconnection of impervious coverage, vegetative buffers, wooded areas, etc.) shall dedicate
conservation easements and access easements to the Township and/or Homeowners Association, subject
to the approval of the Approving Authority, for their continued maintenance.
705.8
No structures may be erected within a dedicated easement with the exception of fences, which
are permitted in all easements except conservation, right of way, and sight easements, provided that they
do not utilize concrete footings. Additional restrictions may be placed upon a dedicated easement by the
Approving Authority in the best interest of the Township and to protect public health and safety.
705.9 Developments with areas designated as Steep Slopes shall dedicate conservation easements to the
Township, subject to the approval of the Township Committee.
705.10 All areas designated as Riparian Zones shall have a dedicated conservation easement prohibiting
the removal of vegetation and disturbance of soil. The easement restrictions shall not prohibit the
removal of hazardous trees or routine maintenance by the property owner to insure the protection of the
Riparian Zones.
706.
BIKEWAYS
Bikeways shall be required in the Approving Authority’s discretion, depending on the probable volume of of
bicycle traffic, the development’s location in relation to other populated areas or its location with respect to
any over all bike route planning adopted by the Planning Board. Bicycle traffic should he separated from
motor vehicle and pedestrian traffic as much as possible. Bikeways should generally not exceed a grade of
three percent (3%), except for short distances, and they should be a minimum of five (5') feet wide for one-
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way travel, and eight (8) feet wide for two-way travel. Bikeways shall have a minimum four inch base of
gravel, crushed stone or slag on the subgrade and a two-inch FABC-s surface course. Bikeways designated
for one-way travel shall only be located along streets. Minimum width for bikeways built in locations other
than along streets is eight (8') feet.
707.
LOTS IN ALL SUBDIVISIONS.
707.1 Lots shall conform to the requirements of the Zoning Ordinance, and insofar as is practical side
lot lines shall be either at light angles or radial to street lines.
707.2 Each lot must front upon an approved public street, which street right-of-way is at least fifty (50')
feet in width. Through lots with frontage on two (2) streets, will be permitted only under the following
conditions:
(a)
Where the lot abuts an arterial or collector street;
(b)
Where the length of the lot between both streets is of such length that future division of the lot
into two (2) lots is improbable; and
(c)
Where access shall be to one (1) street only, which street shall he the one with the lower
traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat
and in any deed that street access is prohibited.
707.3 Where extra width has either been dedicated or provided for widening of existing streets, lot shall
begin at such new street lime and all setbacks shall be measured from such line.
708.
LIGHTING
a.
Street Lighting shall be of a style and number specified by the Approving Authority and may
be required at all roadway intersections, cul-de-sacs, and elsewhere as deemed necessary for
safety reasons. The cost of all equipment and installation of said street lights shall be borne
by the developer.
b.
All parking areas, driveways, walkways, building entrances, loading areas, storage areas, and
similar locations serving multi-family residential and nonresidential uses shall be adequately
illuminated for safety and security purposes. In these areas, a minimum average lighting
intensity of 0.3 footcandle and a maximum average lighting intensity of 1.0 footcandle shall
be provided.
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c.
All outdoor lighting shall be arranged and shielded so as to minimize undesirable lighting
impacts such as glare, driver distraction, unnecessary illumination and night glow. This shall
be achieved through the use of downward illuminating, translucent fixtures and shielding. Flat
lenses shall be used on all lighting fixtures; convex and prismatic lenses are prohibited.
d.
All outdoor lighting shall be shown on a site plan in sufficient detail to allow determination of
the effects at the property line and on nearby streets, driveways, residences and overhead sky
glow. A point-by-point analysis of the lighting intensity at 10’ intervals shall be submitted
with the application utilizing a lighting loss factor of 0.75 measured at the ground. 1.0
footcandle and 0.5 footcandle isolux trace patterns shall be identified on the plan. Details and
specifications for the fixtures intended for use shall be shown on the plan.
e.
Interior building lighting that illuminates any exterior area through building openings and
windows shall conform to the requirements of this section and shall be included in the
calculation for overall minimum and maximum lighting intensity on the site.
f.
The maximum intensity of lighting at the property line shall be 0.5 footcandle.
g.
No light fixture shall provide a mounting height in excess of twenty five (25’) feet.
h.
Automatic shut-off or dimming devices shall be required for all light fixtures after 10:00pm,
or one-half hour after the closing of any non-residential use, whichever is later, with the
exception of security lighting.
i.
Lights utilizing red, amber, or green lighting shall not be permitted and any colored lighting to
be used shall be reviewed by the Chief of Police with regard to possible interference by
drivers with recognition of traffic signals.
j.
All lighting plans shall be subject to a post-development lighting inspection by the Township
Engineer.
k.
The approving Authority shall reserve the right to modify lighting requirements or impose
additional lighting requirements after due consideration of the size and type of the proposed
development; the location and intensity of nearby street lighting, and the nature of
surrounding land uses.
709.
LOCATION SURVEY.
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No construction work whatsoever, beyond that of the foundation of a building or structure may be proceeded
with until the Construction Official shall have approved the location and construction of such foundation,
and no back-filling of, or around, any foundation to be hereafter constructed shall be made until the approval
hereby required shall have been obtained.
No approval of the building or structure shall be given by the Construction Official, or any person authorized
to act in his behalf, unless and until an accurate survey, showing the actual physical location of such
foundation shall have been presented to and filed in the office of the Enforcing Agency, and found by the
Construction Official to conform in all respects with the requirements and provisions of this Ordinance, with
the State Uniform Construction Code, and with the requirements and provisions of the Zoning Ordinance, or
of any resolution of the Approving Authority applicable thereto.
No location survey required as aforesaid shall be accepted for filing in the office of the Enforcing Agency
unless it shall have been made by an authorized licensed professional of the State of New Jersey, and shall
bear the official seal. See Section 107.
710.
COMPLIANCE WITH OTHER ORDINANCES.
The enumeration of ordinances and statutes herein shall not relieve any developer from complying with all applicable
ordinances or statutes which may be in effect at the time of his application for final approval or the granting thereof.
711.
DRIVEWAYS AND ACCESSWAYS
a.
The maximum number of driveway openings permitted from a residential lot shall be
two (2).
b.
Each driveway shall be constructed with suitable and adequately designed drainage
facilities. Wherever possible, driveway drainage shall be directed into natural drainage
channels away from the public road. Driveway drainage may be connected with existing
drainage facilities within the municipal roadway, if approved by the Township Engineer,
provided that said connection does not interfere with existing drainage or cause erosion or
deposits of sediment in the municipal drainage system. Driveway drainage systems shall
not discharge onto adjoining properties if erosion or sediment damage or flooding would
be caused and shall not discharge onto the paved or traveled portion of any public right-
of-way. Drainage shall be provided along the entire length of the driveway so that flows
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do not “build up”. The use of pervious paving materials to minimize stormwater runoff
and to promote groundwater recharge is encouraged.
c.
All driveways shall be constructed in profile, grading, and location to provide for
adequate, sight distance measured from a point within the driveway located ten feet (10’)
behind the road edge at a height of three and a half (3 ½’) to a point “Y” distant measured
four and a quarter feet (4 ¼’) above the road center line in accordance with the following
chart:
Road Design Speed
Required Y
(mph)
(feet)
50
475
40
325
51
35 250
52
30 200
25
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d.
Emergency Services Approval. Emergency services may required, in certain
circumstances, additional work related to driveway construction such as, but not limited
to, graded areas for turnarounds or parking, guide rails, additional driveway width, etc.
The Township Engineer may refer any application to emergency services for
recommendations. The requirements imposed thereby will be binding upon the applicant.
e.
The portion of any driveway within the road right-of-way shall be constructed so that the
grade at a point 25 feet from road centerline is not less than six (6) inches nor more than
six (6) inches above the edge of the existing pavement or traveled way. No part of the
grade of any driveway shall exceed at any point, the slope of 10% for gravel driveways,
nor exceed the slope of 14% for paved driveways.
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f.
Where driveways are curbed and drain over 2,000 square feet of impervious surface,
provisions must be made for driveway drainage to be disposed of and not discharged onto
the adjoining road.
g.
Curbing may not extend closer than 15 feet from adjoining road centerline without
approval from the approving authority.
h.
Single-family residential driveways shall have a minimum width of twelve (12) feet and a
maximum driveway width of twenty four (24) feet at the curbline of a public street.
i.
All driveways shall be constructed and maintained at all times in such a manner as to
prevent erosion of soil and materials from them and the land behind them. Water and silt
shall be prevented from running onto and accumulating upon the traveled way of
municipal roads or filling up road gutters, catch basins, inlets or pipe drains with sediment
or debris.
j.
When a site or lot occupies a corner formed by two (2) intersecting roads, no driveway
entrance or exit shall be located within fifty (50’) feet of the point of intersection of the
intersecting streets right of ways.
k.
All driveways within the Township right-of-way or within twenty-five (25’) feet of
the centerline of the road, whichever is greater, should be constructed of Hot Mix
Asphalt. In the event the Township or any public utility damages or disturbs said driveway
area, the Township or public utility shall restore the area with Hot Mix Asphalt only,
regardless of the materials existing in the area at the time of damage or disturbance.
Property owners desiring to install concrete pavers, concrete or any other materials in said
driveway area may do so at their sole cost, expense and risk without recourse against the
Township or public utility.
l.
For new driveways and modifications to existing driveways not associated with a building
permit, a driveway permit must be obtained from the Zoning Officer.
712
Refuse and Recycling Storage
a.
Refuse and recycling storage areas shall be provided in all multifamily residential and non-
residential uses. Said area shall be suitably dimensioned to accommodate all on-site
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storage receptacles, and shall be designed to provide separate areas for refuse and
recyclable materials.
b. All refuse and recycling storage areas shall be located atop a reinforced concrete pad at
least six inches (6”) thick, and shall be surrounded by a six foot (6’) high solid fence of
appropriate material.
c. All refuse storage areas that enclose multiple dumpsters shall be provided with a separate
man-door or 3’ wide opening for access.
d. No refuse and recycling storage areas shall be permitted in a front yard, nor shall any such
storage area be permitted to obstruct access to parking stalls, driveways, or building
entrances. All refuse and recycling storage areas shall be set back at least fifty (50’) from
all property lines abutting a residential zone.
e. All refuse and recycling shall be stored within an enclosed container in a manner where it
will not be transferred out, directly or indirectly, by natural forces such as precipitation,
evaporation, or wind.
f. All refuse and recycling storage areas shall be landscaped in a manner that sufficiently
screens the view of the area from any public right of way and residential property.
Landscaping may include berms, fencing, walls, or vegetative buffers as required by the
Approving Authority.
713
Natural Features
a.
Natural features such as trees, views, natural terrain, and water bodies shall be preserved
whenever possible in any development. During the design, planning, and construction of
any development, a conscious effort shall be made to preserve existing vegetation on the
site. The Approving Authority may, at its discretion, require special vegetation protection
techniques, including snow fencing, to minimize site disturbance during construction.
b. Where a conscious effort is made to preserve existing natural features, the Approving
Authority may reduce the landscaping requirements of this Ordinance to reflect the
existing trees and woodland retained as part of the site development.
714
Lot Grading
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a.
For the purpose of this Section, the term “development” shall mean the construction,
reconstruction, or relocation of any residential structure; the importing, removal, or re-
distribution of soil on a property of more than 20 cubic yards, the enlargement of a
residential structure resulting in a land disturbance of 500 s.f. or more; the construction or
placement of an accessory structure on a residential lot resulting in a land disturbance of
500 s.f. or more; and/or the construction of an in-ground swimming pool on a residential
lot.
b. Individual lot grading plans prepared by a licensed Professional Engineer in the State of
New Jersey shall be submitted prior to the issuance of a building permit is required along
with the payment of an appropriate fee as required by Article 11 of this Ordinance. This
requirement may be waived by the Township Engineer if it can be adequately shown that
the lot grading will not alter the natural flow of stormwater.
c.
In the case of an individual lot that was previously approved as part of an overall
development plan, nothing contained herein shall prohibit the Township Engineer from
requiring a new overall grading plan to be submitted for review and approval. If the
revised grading plan substantially deviates from the prior approval, the applicant will be
required to seek the approval of the applicable board.
d. All grading shall be performed in a manner that will result in no adverse impact to adjacent
properties. Whenever possible, the rear yard shall drain overland to the street through side
yard swales on either side of the house, located on the common property lines with
adjoining lots, and the front yard shall drain directly to the street. Rear yard areas may be
collected in a system of interior yard inlets and piping designed in accordance with
accepted standards connected to the municipal storm water drainage system. Yard areas
may drain overland onto adjoining properties only as permitted by right (i.e. no net
increase in rate or volume of runoff; manner of flow; or via an acceptable easement).
e. No more than three (3) lots in a row shall be allowed to drain through a swale unless
protected by a drainage easement.
f. The minimum slope for swales, lawns and disturbed areas shall be two percent (2%).
g. Slopes shall not be steeper than three (3) horizontal to one (1) vertical.
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h. No grading shall occur within five (5) feet of a property line unless necessary to direct
drainage off or onto the property, and then into acceptable drainage features.
i. Retaining walls over four (4’) feet in height must be designed and reviewed by the
Township Engineer. Retaining walls are considered fences and must comply with the
setback and height limitation imposed in Article 10 of the Zoning Ordinance.
j. Final Survey (As-built Plans). A final Certificate of Occupancy shall not be issued until the
applicant submits an accurate final survey to the Township Engineer for approval. The
final as-built must be prepared by a licensed Land Surveyor in the State of New Jersey.
The purpose of the final as-built survey is to ensure that the lot grading is in substantial
conformance to the approved plan and that the lot grading complies with this section of the
Ordinance.
§ 715 STEEP SLOPE
§ 715.1
PURPOSE
The purpose of this ordinance is to regulate the intensity of use in areas of steeply sloping terrain in order to
limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the
natural topography and drainage patterns of land.
§ 715.2
INTENT
It is the intent of this ordinance to provide compliance with N.J.A.C.7:15-5.25(g)6, as it exists at the time of
the adoption of this ordinance, which requires municipalities to adopt an ordinance protecting steep slopes
from new disturbances.
§ 715.3
BACKGROUND
Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the
subsequent sedimentation of waterbodies with the associated degradation of water quality and loss of aquatic
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life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased
flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has
become widely recognized that disturbance of steep slopes should be restricted or prevented based on the
impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of
landscapes.
§ 715.4
APPLICABILITY
This ordinance shall be applicable to new development or land disturbance on a steep slope within the
Township of Green Brook.
§ 715.5
DEFINITIONS
The following definitions shall apply solely to this section of the ordinance:
“Disturbance” means the placement of impervious surface, the exposure or movement of soil or bedrock, or
the clearing, cutting, or removing of native vegetation.
“Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of
stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated
structures, and other similar structures, surfaces, or improvements.
“Native Vegetation” means any vegetation that exists naturally, without intervention by humans, in a specific
geographic area. Also, vegetation that would exist naturally in an area if not for human intervention. Plants
that are not geographically native to the area, that may have been introduced into the area, either
intentionally or accidentally, are not considered to be native.
“Redevelopment” means the construction of structures or improvements on areas which previously contained
structures or other improvements.
“Steep Slopes” means any slope equal to or greater than 20 percent as measured over any minimum run of 10
feet. Steep slopes are determined based on contour intervals of two feet or less.
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§ 715.6
DESIGNATION OF AREAS
The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance
perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour
interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run
constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15 percent slope; a
two-foot rise over a 10-foot horizontal run constitutes a 20 percent slope.
§ 715.7
STEEP SLOPE LIMITS
For steep slopes any disturbance shall be prohibited except as provided below:
1.
Redevelopment within the limits of existing impervious surfaces; and
2.
New disturbance necessary to protect public health, safety or welfare, such as necessary linear
development with no feasible alternative; to provide an environmental benefit, such as remediation of a
contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to
prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not
permit a minimum economically viable use of the property based upon reasonable investment. For example,
redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to
revitalize development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting proposed development and topography that new
disturbance is not located in areas with a 20 percent or greater slope.
§ 715.8
DISTURBANCE LIMITS IN OTHER THAN STEEP SLOPE AREAS
1.
The disturbance limits in other than steep slope areas shall be as follows:
a.
The maximum land disturbance, in terms of area, allowed in slope areas between 15.0% and 19.9%
shall be 20%. For example, if the area of a lot with slope areas between 15.0% and 19.9% is 5,000 square
feet, 1,000 square feet of the slope areas between 15.0% and 19.9% may be disturbed.
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b.
The maximum disturbance, in terms of area, allowed in slope areas between 0% and 14.9% shall be
as limited by the site development standards pertinent to the zone in which the property lies.
c.
Site design and grading on slopes greater than 15% shall provide the minimum disruption of view
corridors and scenic vistas and shall preserve significant natural topographic features, to the greatest extent
practicable, including ridgelines, to the extent that any portion of the ridgeline is within the regulated steep
slope area. Roads and driveways shall follow the natural topography to the greatest extent practicable to
minimize the cutting and grading of critical slope areas.
2.
The following shall be exempt from the provisions of this section:
a.
Projects on existing lots with one (1) single-family dwelling unit, existing or permitted to be built at
the time of the effective date of this ordinance, involving a gross area of disturbance of less than 3,000
square feet, provided that the existing dwelling unit is maintained or replaced;
b.
Land development plans which were approved prior to the effective date of this ordinance;
c.
Redevelopment within the limits of existing impervious surfaces; and
d.
New disturbance necessary to protect public health, safety or welfare, such as necessary linear
development with no feasible alternative; to provide an environmental benefit, such as remediation of a
contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to
prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not
permit a minimum economically viable use of the property based upon reasonable investment. For example,
redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to
revitalize development that has fallen into disrepair.
§ 715.9
SPECIAL EXEMPTIONS
Should it be necessary to grant relief from the prohibitions or limitations of this Ordinance to permit a
driveway/roadway crossing or utility construction where no other means of access or provision for utilities to
a property exists or can be provided, such variance relief may be granted upon satisfaction of the burden of
proof required by the Land Use Board, but only to the minimum extent needed to afford access and only if
such relief does not involve the disturbance of any slopes over thirty-five (35) percent, and further provided
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the location and design of the driveway or utility crossing and of any mitigation measures necessitated by the
clearance of native vegetation and/or re-grading of are in strict conformance with the standards established
by the Township Engineer.
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ARTICLE 8
GUARANTEES AND INSPECTIONS
801.
PERFORMANCE GUARANTEES
(A) General. The developer shall furnish a performance guarantee in favor of the municipality in an
amount not to exceed 120% of the cost of installation of only those improvements required by an
approval or developer’s agreement, ordinance, or regulation to be dedicated to the public entity, and that
have not yet been installed, which cost shall be determined by the municipal engineer, according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on
the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees,
surveyor's monuments, as shown on the final map and required by "the map filing law," N.J.S.A. 46:23-9.9
et seq.; repealed by section 2 of P.L.2011, c.217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8,
water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open
space, and any grading necessitated by the preceding improvements. The municipal engineer shall prepare
an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost
estimate shall be appended to each performance guarantee posted by the obligor.
(B) Privately-owned perimeter buffer landscaping. The performance guarantee shall include, within
an approved phase or section of a development, privately-owned perimeter buffer landscaping, as required
by ordinance or imposed as a condition of approval. At the developer’s option, a separate performance
guarantee may be posted for the privately-owned perimeter buffer landscaping.
(C) Temporary Certificate of Occupancy Bond. In the event that the developer shall seek a temporary
certificate of occupancy for a development, unit, building, or phase of development, as a condition
of the issuance thereof, the developer shall, furnish a separate guarantee, referred to herein as a
“temporary certificate of occupancy bond,” in favor of the municipality in an amount equal to 120% of the
cost of installation of only those improvements or items which remain to be completed or installed under the
terms of the temporary certificate of occupancy and which are required to be installed or completed as a
condition precedent to the issuance of the permanent certificate of occupancy for the development, unit,
building or phase of development. Upon posting of a “temporary certificate of occupancy bond,” all sums
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remaining under a performance guarantee, required pursuant to 801 (A) which relate to the development,
unit, building, or phase of development for which the temporary certificate of occupancy is sought, shall be
released. At no time shall the municipality hold more than one guarantee or bond of any type with respect
to the same line item. The temporary certificate of occupancy bond shall be released upon the issuance of a
permanent certificate of occupancy with regard to the development, unit, building, or phase as to which the
temporary certificate of occupancy relates.
(D) Safety and Stabilization Bond. In addition to a performance guarantee required pursuant to 801 (A),
a developer shall furnish to the municipality a separate guarantee, referred to herein as a “safety and
stabilization bond,” in favor of the municipality, to be available to the municipality solely for the purpose
of returning property that has been disturbed to a safe and stable condition or otherwise
implementing measures to protect the public from access to an unsafe or unstable condition, only in
the circumstance that:
(1) site disturbance has commenced and, thereafter, all work on the development has ceased for a
period of at least 60 consecutives days following such commencement for reasons other than
force majeure, and
(2) work has not recommenced within 30 days following the provision of written notice by the
municipality to the developer of the municipality’s intent to claim payment under the bond.
(3)The municipality shall not provide notice of its intent to claim payment under a “safety and
stabilization bond” until a period of at least 60 days has elapsed during which all work on the
development has ceased for reasons other than force majeure. The municipality shall provide
written notice to a developer by certified mail or other form of delivery providing evidence of
receipt.
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(4) The amount of a “safety and stabilization bond” for a development with bonded improvements in
an amount not exceeding $100,000 shall be $5,000.
(5) The amount of a “safety and stabilization bond” for a development with bonded improvements
exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows: $5,000 for the first $100,000 of bonded
improvement costs, plus two and a half percent of bonded improvement costs more than $100,000
up to $1,000,000, plus one percent of bonded improvement costs more than $1,000,000.
(E) Extension of Time. The time allowed for installation of the improvements for which the
performance guarantee has been provided may b e extended by the governing body by resolution.
As a condition or as part of any such extension, the amount of any performance guarantee shall be
increased or reduced to an amount not to exceed 120% of the cost of the installation, which cost shall be
determined by the municipal engineer according to the method of calculation set forth in N.J.S.A. 40:55D-
53.4 as of the time of the passage of the resolution.
(F) Liability. If the required bonded improvements are not completed or corrected in accordance with the
performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the
reasonable cost of the improvements not completed or corrected and the municipality may either prior to
or after the receipt of the proceeds thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law,”
N.J.S.A. 40A:11-1 et seq.
(G) Request for List of Uncompleted or Unsatisfactory Completed Improvements. Upon substantial
completion of all required street improvements (except for the top course) and appurtenant utility
improvements, and the connection of same to the public system, the obligor may request of the governing
body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer
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prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to
the performance guarantee pursuant to 801 (A), a list of all uncompleted or unsatisfactory completed
improvements. If such a request is made, the obligor shall send a copy of the request to the municipal
engineer. The request shall indicate which improvements have been completed and which improvements
remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all
bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with
the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after
receipt of the obligor's request. The list prepared by the municipal engineer shall state, in detail, with respect
to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the
incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the
unsatisfactory state of each completed improvement determined to be u n s a t i s f a c t o r y . The report
prepared by the municipal engineer shall identify each improvement determined to be complete and
satisfactory together with a recommendation as to the amount of reduction to be made in the performance
guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost
estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to 801
(A).
(H) Action by Governing Body. The governing body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of
these improvements upon the establishment in the resolution of cause for rejection, and shall approve
and authorize the amount of reduction to be made in the performance guarantee and the “safety and
stabilization bond” relating to the improvements accepted, in accordance with the itemized cost estimate
prepared by the municipal engineer and appended to the performance guarantee pursuant to 801 (A). This
resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the
m u n i c i p a l e n g i n e e r . Upon adoption of the resolution by the governing body, the obligor shall be
released from all liability pursuant to its performance guarantee and “safety and stabilization bond,” with
respect to those approved bonded improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved; provided that 30% of the amount of the
total performance guarantee and “safety and stabilization bond” posted may be retained to ensure
completion and acceptability of all improvements. For the purpose of releasing the obligor from liability
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pursuant to its performance guarantee and “safety and stabilization bond, ” the amount of the performance
guarantee and “safety and stabilization bond” attributable to each approved bonded improvement shall be
reduced by the total amount for each such improvement, in accordance with the itemized cost estimate
prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection a. of
this section, including any contingency factor applied to the cost of installation. If the sum of the approved
bonded improvements would exceed 70 percent of the total amount of the performance guarantee, then the
municipality may retain 30 percent of the amount of the total performance guarantee and “safety and
stabilization bond” to ensure completion and acceptability of all improvements, as provided above, except
that any amount of the performance guarantee attributable to bonded improvements for which a “temporary
certificate of occupancy bond” has been posted shall be released from the performance guarantee even if
such release would reduce the amount held by the municipality below 30 percent. If any portion of the
required improvements is rejected, the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure of notification, as set forth in
this section shall be followed.
802.
MAINTENANCE GUARANTEES
The developer shall post with the municipality, prior to the release of a performance guarantee required
pursuant to 801 (A) or 801 (B) or both 801 (A) and (B)a maintenance guarantee in an amount not to
exceed 15% of the cost of the installation of the improvements which are being released.
(A)
Amount of Maintenance Guarantee. The developer shall post with the municipality, upon
the inspection and issuance of final approval of the following private
site improvements by the
municipal engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the
installation of the following private site improvements: s tormwater management basins, in-flow and
water quality structures within the basins, and the out-flow pipes and structures of the stormwater
management system, if any, which cost shall be determined according to the method of calculation set
forth in
N.J.S.A. 40:55D-53.4.
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(B)
Term. The term of the maintenance guarantee shall be for a period not to exceed two
years and shall automatically expire at the end of the established term.
803.
ENGINEERING INSPECTION FEES
The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer
for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth
in subparagraphs (A) and (B) of this paragraph. The developer shall post the inspection fees in escrow in an
amount:
(A) not to exceed 5% of the cost of bonded improvements that are subject to a performance
guarantee under 801 (A) or 801 (B) or both 801 (A) and (B); and
(B) not to exceed 5% of the cost of private site improvements that are not subject to a performance
guarantee under 801 (A), which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
803.1
INSTALLMENTS
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the
developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50%
of the inspection fees. When the b a l a n c e on deposit drops to 10% of the inspection fees because the
amount deposited by the developer has been reduced by the amount paid to the municipal engineer for
inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments
for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in
four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees.
When the b a l a n c e on deposit drops to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall
make additional deposits of 25% of the inspection fees.
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803.2
REQUEST FOR ADDITIONAL DEPOSIT
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated
pursuant to subparagraphs (A) and (B) of 803 of this subsection, is insufficient to cover the cost of
additional required inspections, the municipality may require the developer to deposit additional funds
in escrow provided that the municipality delivers to the developer a written inspection escrow deposit
request, signed by the municipal engineer, which: informs the developer of the need for additional
inspections, details the items or undertakings that require inspection, estimates the time required for those
inspections, and estimates the cost of performing those inspections.
804.
RESERVED
805.
RESERVED
806.
PRE-CONSTRUCTION CONFERENCE
Prior to beginning construction, the developer shall arrange for a pre-construction conference between the
developer, contractor, and Township Engineer. All improvements and utility installations shall be inspected
during the time of their installation under the supervision of the Township Engineer to insure satisfactory
completion. The Township Engineer shall be notified by the developer three (3) working days in advance of
the start of construction.
Section 2. This Ordinance shall be construed so as not to conflict with any provision of New Jersey or
Federal law. The provisions of this Ordinance shall be cumulative with, and not in substitution for, all other
applicable zoning, planning, and land use regulations. All other ordinances or other local requirements that
are inconsistent or in conflict with this Ordinance are hereby repealed to the extent of any inconsistency or
conflict, and the provisions of this Ordinance shall apply.
Section 3. If any provisions of this Ordinance shall be adjudged invalid, such adjudication shall not affect
the validity of the remaining provisions, which shall be deemed severable therefrom.
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Section 4. After introduction, the Township Clerk is hereby directed to provide a copy of the within
Ordinance to the Land Use Board of the Township of Green Brook for its review in accordance
with N.J.S.A. 40:55D-26 and N.J.S.A.40:55D-64. The Land Use Board is directed to make and transmit to
the Township Committee within 35 days after referral, a report including identification of any provisions in
the proposed Ordinance which are inconsistent with the Master Plan and recommendations concerning any
inconsistencies and any other matter as the Board deems appropriate.
Section 5. This Ordinance shall take effect immediately upon its adoption, passage and publication
according to law.
807.
Performance of Work.
807.1 In no case shall any work be done without permission from the Township Engineer prior to any
such construction so that a representative of the Township Engineer’s office may be present at the time
the work is to be done. Prior to the installation of improvements, cut sheets identifying field control
points shall be submitted to the Township Engineer. At least one (1) up-to-date, complete, “approved for
construction” set of plans is to be maintained at the site of the work, available for inspection by
contractors, subcontractors, materials men and the township inspector during normal working hours.
807.2 Construction procedures, safety equipment and site conditions shall provide for the safety of all
personnel, are the continuing responsibility of the owner and shall fully comply with the provisions of the
Federal Occupational Safety and Health Act (OSHA) and the State Safety Code, particularly as they
relate to excavations, sheeting, shoring, pumping and baling.
807.3 All materials shall be new, free of defects, protected and stored in a safe manner prior to
incorporation in the work. The exterior of all structural elements, including pipe materials, shall be
clearly marked with the name of the manufacturer or trademark, strength class and standard, date and
location of manufacture.
807.4 No underground facilities or materials shall be installed until the trench or general excavation
subgrade and materials have been inspected and approved by the Township Engineer or his duly
authorized representative. Defective or damaged materials shall be removed from the site and replaced at
the owner’s expense. Unacceptable subgrade conditions shall be corrected at the owner’s direction, to the
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approval of the Township Engineer. Installation procedures shall conform to manufacturer’s
recommendations and/or trade standards for first-class construction. No underground installation shall be
backfilled prior to inspection of the completed work and remedy of any apparent defects in materials or
workmanship, except as provided in Subsection 808, below.
807.5 Backfill procedures shall be acceptable to the Township Engineer incident to protection of the
installed work, in addition to the owner’s responsibility for safe and proper procedures. Backfill for all
excavations within public road rights-of-way shall comply with standards promulgated by the Township
Engineer and adopted by the Township Committee. Backfill material shall be select excavated material
of low plasticity or suitable offsite or off-tract select material, properly placed and tamped to eliminate
unacceptable settlement of following or future surface improvements or adjacent underground
improvements.
807.6 The Township Engineer shall be notified in writing with a copy to the Approving Authority and
Building Inspector, not less than one (1) month in advance of the start-up of a new project and not less
than two (2) weeks in advance of a general shutdown (winter or end of work) or general restart (spring)
of construction on an active project.
808.
Construction Permits.
Construction permits in a development or in an approved subdivision, except for model buildings in the first
section of the development or subdivision, will be issued only when the installation of curbs, utilities in or
under the street cartway, functioning water supply and waste water disposal facilities, necessary underground
and/or surface storm facilities to insure proper drainage of the lots and surrounding land, rough grading of
lots according to the standard of the approved soil erosion and sediment control plan for the buffer plantings
and berms, street subbase and base courses and such other improvements as are specifically required by the
Planning Board are installed to serve all lots and structures within the development or within the section
thereof to which final subdivision approval has been granted, prior to the issuance of building permits. The
owner shall request and the building inspector shall receive favorable reports from all involved utilities and
inspection officials certifying the conditional acceptance for use subject to minor punch list repairs, and final
acceptance by the governing body of necessary installed improvements, where appropriate. Permits for
model buildings in the first section granted final approval may be issued on commencement of construction
of improvements. The number of permits for such model buildings in the tract shall not exceed six (6) or ten
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(10) percent of the total number of buildings to be erected upon residential building lots which have been
granted preliminary subdivision approval in this subdivision or development, whichever number is less.
As a minimum, these certifications must be received from all involved utility companies, the plumbing
inspector, the involved sewerage agency, and the Township Engineer. Completion of all improvements
within the development or approved subsection, including installation of any remaining utilities in or under
the sidewalk or bikeway right-of-way, installation of sidewalks and bikeways, surface course paving, final
site grading and seeding and plantings, subject only to minor punch list repairs or replacements and final
acceptance by the governing body, will be required prior to the issuance of the last 30% of occupancy
permits in the development or approved subsection thereof and prior to issuance of building permits in any
subsequent subsection of the development, or in lieu thereof, the owner shall post a cash bond in an amount
equal to the cost of said remaining improvements, as determined by the Township Engineer, said costs to
include allowances for contingency and engineering fees and the cost of a maintenance bond, all in
accordance with the terms and conditions of the “Green Brook Standard Form of Escrow Agreement on
Certificates of Occupancy”, a copy of which is filed with the Township Clerk and incorporated herein by
reference.
809.
Public street lighting as necessary shall be installed and operational prior to the issuance of any
occupancy certificates. Additional public street lighting as necessary shall be installed and operational prior
to the issuance of additional occupancy certificates. The developer shall, in coordination with the electric
utility company, Police Department and Township Committee, arrange for timely installation and activation
of necessary facilities and shall pay all installation, operation maintenance costs up to the date of final
acceptance of the improvements.
810.
Fire hydrants as necessary within public road rights-of-way shall be installed and operational prior
to the issuance of any certificate of occupancy. The developer, in coordination with the water utility
company, Fire Company, Township Engineer and Township Committee, shall arrange for the timely
installation and activation of necessary facilities and shall pay all installation, operation and maintenance
costs up to the date of final acceptance of the improvements.
811.
Inspection by the Township of the installation of improvements and utilities by the developer shall
not subject the Township to liability for claims, suits or liability of any kind that may arise, because of
defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements
and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is
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in progress or is completed, or any combination of conditions on all or a part of the tract, is upon the
developer and his contractors or subcontractors, if any.
812.
After completing the construction of the public improvements covered by the performance guarantee,
Une prepare one (1) set of public improvements and utility plans and the profiles, updated to show “as built”
conditions drawn with waterproof black ink on translucent linen, and apply to the Township Engineer for
final inspection of the work. (See Section 814).
813.
The amount of the performance guarantee may be reduced by the Township Committee by resolution
when portions of the required improvements have been installed and have been inspected and approved by
the Township Engineer, provided, however, that no such reduction shall be approved under the Township
Engineer shall have certified the estimated cost of completing any remaining required improvements, and
provided further that no reduction shall be approved that will result in the performance guaranty or any
portion of the performance guaranty being reduced to less than fifteen percent (15%) of the original cost of
any improvement(s) until all improvements have been completely installed, approved and accepted by the
Township Committee and a maintenance guarantee secured as outlined below. Reductions shall he made in
the amount of outstanding bonds prior to any reduction of the cash deposit. If any improvements have not
been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to
the Township for the reasonable cost of completing the improvement(s).
814.
Upon substantial completion of all required appurtenant utility improvements, and the connection of
same to the public system, the obligor may notify the Township Committee in writing, by certified mail
addressed in care of the Township Clerk of the completion or substantial completion of improvements and
shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all
improvements of which such notice has been given and shall file a detailed report, in writing, with the
Township Committee, indicating either approval, partial approval or rejection of such improvements with a
statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set
forth.
The Township Committee shall either approve, partially approve, or reject the improvements, on the basis of
the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents
of said report and the action of the Township Committee with relation thereto, not later than, 5 days after
receipt of the notice from the obligor of the completion of the improvements. Where partial approval is
granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that
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portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30%
of the amount of the performance guarantee posted may be retained to insure completion of all
improvements. Failure of the Township Committee to send or provide such notification to the obligor within
65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall
be released from all liability pursuant to such performance guarantee for such improvements.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer
for the foregoing inspection of improvements. (See Section 806)
In the event that final approval is by stages or sections of development pursuant to subsection a, of Section
29 of the Municipal Land Use Law (40:55D-38), the provisions of this section shall be applied by stage or
section.
815.
If any portion of the required improvements are rejected, the Approving Authority may require the
obligor to complete such improvements and, upon completion, the same procedure of notification, as set
forth in this section shall be followed.
816.
Suspension of Work. Failure of the developer, his contractor, subcontractors or agents to conform to
the specifications for installing and/or maintaining improvements as approved by the Approving Authority,
or to proceed in a safe manner, rendering conditions hazardous to the workmen, materials, equipment,
installation or the public, will be just cause for the suspension of work being performed, and no person, firm
or corporation shall have the right to demand or claim damages from the Township of Green Brook, its
officers, agents or servants by reason of such suspension by the Township Engineer. Directives for
suspension of all or part of the work, as appropriate, shall be delivered verbally by the Township Engineer,
with a copy to the Township Clerk, Building Inspector, Chairman of the Approving Authority and Mayor
within twenty-four (24) hours, If required, the police powers of the Township may be used to enforce such
suspension of work. Work shall not resume until the cause or causes of such suspension are eliminated to the
satisfaction of the Township Engineer.
817.
Conditions and Acceptance of Improvements. The approval of any plat under this chapter by the
Approving Authority shall in no way be construed as acceptance of any street, drainage system or other
improvement required by this chapter, nor shall such plat approval obligate the Township in any way to
maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any
street, drainage system or other improvement shall be implemented only by favorable action by the
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Township Committee. No improvement shall be accepted by the Township Committee unless and until all of
the following conditions have been met:
817.1 The Township Engineer shall have certified in writing to the Approving Authority and Township
Committee that all the improvements are complete and that they comply fully with the requirements of
this chapter and of other applicable ordinances.
817.2 Maintenance guarantee.
a. The developer shall have filed with the Township Committee and the Township Committee shall
have accepted and approved a maintenance guarantee of not more than fifteen percent (15%) of the
original estimates of the cost of installing the improvements, which guarantee shall run for a period of
two (2) years. The final amount of the maintenance guarantee shall be based on the
recommendation(s) of the Township Engineer, who shall consider, among other things, the length of
time the improvement has been installed prior to the filing of the maintenance guarantee.
b. The procedures and requirements governing such maintenance guarantee shall be identical to the
procedures and requirements for a performance guarantee set forth above.
818.
Renewal of Performance or Maintenance Guarantees.
In any case where it becomes necessary to renew or extend a performance guarantee or maintenance
guarantee, the amount thereof shall be re-computed by the Township Engineer and may be increased to meet
then current conditions and cost estimates.
ARTICLE 9
APPEALS
This section was repealed in its entirety by Ordinance 2015-819
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ARTICLE 10
PUBLIC HEARINGS AND NOTICES
1001. PUBLIC HEARINGS AND NOTICES.
1001.1
Where Public Hearing Required.
Public hearing, on notice as hereinafter set forth, shall be required in the following development
applications:
A. All applications to be heard by the Board of Adjustment, of whatever nature.
B. The following matters to be heard by the Planning Board:
(1)
All applications for preliminary approval of major subdivisions.
(2)
All matters before the Planning Board which, if heard by the Board of Adjustment, would
require a public hearing.
(3)
All site plan review involving property located in whole or in part in any critical area.
1001.2
Notice of Public Hearing.
Whenever a public hearing is required on an application for development pursuant to the Municipal Land
Use Law, or pursuant to this ordinance, or pursuant to the Zoning Ordinance of the Township, the
applicant shall give notice thereof as required by the Municipal Land Use Law, as follows:”
a. Public notice shall be given by publication in the official newspaper of the Township at least ten
days prior to the date of the hearing.
b. Notice shall be given to the owners of all real property as shown on the current tax duplicate,
located in the State and within 200 feet in all directions of the property which is the subject of such
hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium
association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal
property regime, in the case of any co-owner whose apartment has an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said
current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified
mail to the property owner at his address as shown on the said current tax duplicate. Notice to a
partnership owner may be made by service upon any partner. Notice to a corporate owner may be
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made by service upon its president, a vice president, secretary or other person authorized by
appointment or by law to accept service on behalf of the corporation. Notice to a condominium
association, horizontal property regime, community trust or homeowners’ association, because of its
ownership of common elements or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements or areas.
c. Notice of hearings on applications for development involving property located within 200 feet of
an adjoining municipality shall be given by personal service or certified mail to the clerk of such
municipality.
d. Notice shall be given by personal service or certified mail to the county planning board of a
hearing on an application for development of property adjacent to an existing county road or
proposed road shown on the official county map or on the county master plan, adjoining other county
land or situated within 200 feet of a municipal boundary.
e. Notice shall be given by personal service or certified mail to the Commissioner of Transportation
of a hearing on an application for development of property adjacent to-a State highway.
f. Notice shall be given by personal service or certified mail to the Director of the Division of State
and Regional Planning in the Department of Community Affairs, of a hearing on an application for
development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a
copy of any maps or documents required to be on file with the municipal clerk pursuant to Section
613 of the Municipal Land Use Law (40:55D-10 b).
g. Notice pursuant to subsections a, d, e, and f, of this section, above, shall not be deemed to be
required unless public notice pursuant to Section 1001.1 and subsection 1001.2 b are required.
h. All notices hereinabove specified in this Section shall be given by the applicant at least ten days
prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the
board holding the hearing on the application for development.
i. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon
mailing in accordance with the provisions of 40:55D-14.
j. Form of Notice. All notices required to be given pursuant to the terms of this ordinance shall state
the date, time and place of the hearing, the nature of the matters to be considered and identification of
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the property proposed for development by street address, if any, or by reference to lot and block
numbers as shown on the current tax duplicate In the municipal tax office, and the location and times
at which any maps and documents for which approval is sought are available as required by law.
1002. LIST OF PROPERTY OWNERS FURNISHED.
Pursuant to the provisions of 40:55D-12c, as amended, the Administrative Officer of the municipality, upon
the written request of an applicant, shall, within 7 days, make and certify a list from said current tax
duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to
Section 1001.2 b. The applicant shall be entitled to rely upon the information contained in such list, and
failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to
exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.
NOTE: the list supplied by the administrative officer of the Township of Green Brook will contain only
those properties located within the Township of Green Brook and within 200 feet in all directions of the
property which is the subject of such hearing. If the 200 feet distance in all directions of the property which
is the subject of such hearing shall extend into another municipality or municipalities, the applicant shall
have the responsibility of obtaining the names and addresses from the current tax duplicates of such other
municipality or municipalities from such other municipality or municipalities.
1003. MATTERS NOT REQUIRING PUBLIC HEARING ON NOTICE.
All matters not requiring public hearing on notice, as above set forth, shall be considered at open public
meetings, all actions taken shall be taken at regular, adjourned or special meetings of the approving
authority.
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Article 11
Fees and Charges; Transcripts
1101
Fees
The Applicant or Developer shall, at the time of filing a submission to the Approving Authority shall
pay the following non-refundable fees to the Township. Applications involving more than one use
shall pay a fee equating the sum of the fees for the component elements of the submission.
Applications requiring a combination of approvals, such as subdivision, site plan, variance, conditional
use, environmental impact statement, storm water control, or the like, shall pay a fee equal to the sum
of the fees for each element.
PLANNED UNIT DEVELOPMENT AND AFFORDABLE HOUSING PROJECTS. A Planned
Unit Development shall be treated in the same manner as a subdivision including Site Plan for the
purpose of computation of fees under this Ordinance, with each separate unit being counted as a lot
pursuant to Section 1101.1, whether or not there will be separately held title to each unit, and whether
or not such units will be sale or rental units, provided, however, that in any application involving
Affordable Housing, the fee for any unit or lot utilized solely for a lower income housing unit shall be
waived and not computed in the total fees set forth in the Ordinance.
1101.1
Subdivision
a. Concept (sketch) Plat
$250 + $10 per lot
b. Minor Subdivision
$250
c. Preliminary Major Subdivision
$500 + $50 per lot
d. Final Major Subdivision
$250 + $25 per lot
e. Minor Revision to Preliminary or Final Subdivision $100 + 10 per lot
f. Time Extension to Preliminary or Final Subdivision $250
g. Amended Preliminary Subdivision
½ of Preliminary Fee
h. Amended Final Subdivision
½ of Final Fee
1101.2
Site Plans
a. Concept (sketch) Plat
$250
b. Minor Site Plan or Technical Review Committee
$300
c. Preliminary Major Site Plan (Residential)
$500 + $50 per unit
d. Final Major Site Plan (residential)
$250 + $25 per unit
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e. Preliminary Major Site Plan (Commercial)
Building Area of 10,000 s.f. or less
$750
Building Area of 10,001sf – 50,000 s.f.
$1,500
Building Area of 50,001 – 100,000 s.f.
$3,000
Building Area over 100,000 s.f.
$4,500
f. Final Major Site Plan (Commercial)
Building Area of 10,000 s.f. or less
$375
Building Area of 10,001sf – 50,000 s.f.
$750
Building Area of 50,001 – 100,000 s.f.
$1,500
Building Area over 100,000 s.f.
$2,250
g. Minor Revision to Site Plan (Residential)
$100 + 10 per unit
h. Minor Revision to Site Plan (Commercial)
$100 + $5 per s.f.
i. Preliminary or Final Site Plan Time Extension
$250
j. Amended Preliminary Site Plan
½ of Preliminary Fee
k. Amended Final Site Plan
½ of Final Fee
1101.3
Fees under the Zoning Ordinance
a. Board of Adjustment application for an appeal pursuant
to N.J.S.A 40:55D-70a
$500
b. Board of Adjustment application for interpretation
pursuant to N.J.S.A 40:55D-70b
$250
c. Application for a variance pursuant to 40:55D-70c
$100 each in conjunction with a site plan or
subdivision application; $250 for one
variance without site plan or subdivision
application, plus $75 for each additional
variance over one.
d. Use Variance pursuant to N.J.S.A 40:55D-70d
Residential
$750
Other Uses
$250 per 10,000 square feet of lot area, or
part thereof; with a minimum fee of $250 and
maximum fee of $4,000.
e. Zoning Permit for a Certificate of Occupancy pursuant
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to Section 1204.1,1204.2, and 1204.3 of the Zoning
Ordinance
$100
1101.4 Other Fees
a. Zoning Permit for Construction
$35
b. Plot or Grading Plan Review (no stormwater)
$150
c. Plot or Grading Plan Review (stormwater review with less than
an acre of disturbance and less than ¼ acre of new impervious coverage
$250
d. Plot or Grading Plan Review (stormwater review with more than
an acre of disturbance or more than ¼ acre of new impervious coverage
$500
e. Zoning Permit for Continuing Certificate of Occupancy
$100
where there is no change in use pursuant to Section 1204
of the Township Zoning Ordinance
f. Temporary Use Permit pursuant to Section 1204.4-1
$250
g. Temporary Use Permit pursuant to Section 1204.4-2
$250 for the first month, $100 per
month or part thereof after the 1st
month
h. Temporary Sale Sign
$50
i. Temporary Outdoor Sale Permit
$100
j. Copies of Minutes, resolutions, ordinances, or other papers
of an approving authority, where the Municipal Land Use
Law permits a fee to be charged shall be charged at the same
Rate per page established pursuant to Green Brook General Code Section 2-45
k. Certified List of Property Owners from the current tax map
Pursuant to N.J.S.A 40:55D-12
$10
l. Fee for certificate of subdivision, pursuant to 40:55D-56,
shall be computed and charged at the same rate as for tax
searches pursuant to R.S. 54:5-14
m. Fees for Special Meeting of Land Use Board:
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The decision on whether or not to hold a special meeting on an application shall rest solely with the
Approving Authority. However, it must be recognized that when a special meeting of a Land Use Board
is held, in addition to putting additional meetings upon the volunteer members of the Board, there are
additional costs involved for professional and non-professional employees and staff. Accordingly,
where an applicant requests a special meeting of the Approving Authority to consider the application,
the applicant shall deposit with the Township the sum of $1,500 in an escrow account. Said escrow
funds shall be utilized to cover the additional costs incurred by reason of holding the special meeting
including professional and non-professional and clerical fees and salaries incurred in connection with
the review of plans, consultation, site inspections, written reports and resolutions, general preparation,
meeting attendance, research, testimony, and other work as may be required due to the nature of the
application and arising of and in connection with the special meeting.
In a case where the applicant has made an escrow deposit pursuant to Section 1101, no additional
escrow deposit shall be required provided that the escrow account shall contain not less than $1,500 or
is replenished to at least that amount concurrent with the granting of the request for the special meeting
and prior to holding thereof.
n. Fee for duplicate copy of hearing – USB
$25
o. Letter for Zoning Clearance
$25
p. Floodplain Development Application
$100
q. Affordable Housing Development Fees
1. Purpose.
This Ordinance establishes standards for the collection, maintenance, and expenditure of development fees that are
consistent with COAH’s regulations developed in response to P.L. 2008, c. 46, Sections 8 and 32-38 (C. 52:27D-
329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant
to this Ordinance shall be used for the sole purpose of providing very low, low- and moderate-income housing in
accordance with a Court-approved Spending Plan.
2. Basic Requirements.
a.
This Ordinance shall not be effective until approved by the Court.
b.
The Township of Green Brook shall not spend development fees until the Court has approved a plan for spending
such fees (Spending Plan).
3. Definitions.
The following terms, as used in this Ordinance, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an
inclusionary development, a municipal construction project or a 100 percent affordable housing development.
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COAH OR THE COUNCIL
The New Jersey Council on Affordable Housing established under the Fair Housing Act.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as authorized by Holmdel Builder’s Association v.
Holmdel Township, 121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301, et seq., and regulated
by applicable COAH Rules.
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.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in
which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a
through C.54:1-35c).
GREEN BUILDING STRATEGIES
Strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing
infrastructure and community services.
4. Residential Development Fees.
a.
Imposition of Fees.
1. Within the Township of Green Brook, all residential developers, except for developers of the types of
developments specifically exempted below and developers of developments that include affordable housing,
shall pay a fee of one and a half percent (1.5%) of the equalized assessed value for all new residential
development provided no increased density is permitted. Development fees shall also be imposed and
collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee
shall be calculated based on the increase in the equalized assessed value of the property due to the additional
dwelling unit.
2. When an increase in residential density is permitted pursuant to a “d” variance granted under N.J.S.A. 40:55D-
70d(5), developers shall be required to pay a “bonus” development fee of six percent (6%) percent of the
equalized assessed value for each additional unit that may be realized, except that this provision shall not be
applicable to a development that will include affordable housing. If the zoning on a site has changed during
the two-year period preceding the filing of such a variance application, the base density for the purposes of
calculating the bonus development fee shall be the highest density permitted by right during the two-year
period preceding the filing of the variance application.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments
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1. Affordable housing developments and/or developments where the developer has made a payment in lieu of on-
site construction of affordable units, if permitted by Ordinance or by Agreement with the Township of Green
Brook, shall be exempt from the payment of development fees.
2. Developments that have received preliminary or final site plan approval prior to the adoption of this Ordinance
shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the
original approval. Where site plan approval is not applicable, the issuance of a Zoning Permit and/or
Construction Permit shall be synonymous with preliminary or final site plan approval for the purpose of
determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based
upon the Development Fee Ordinance in effect on the date that the Construction Permit is issued.
3. Development fees shall be imposed and collected when an existing structure undergoes a change to a more
intense use, is demolished and replaced, or is expanded or is altered, if the expansion is not otherwise exempt
from the development fee requirements. The development fee shall be calculated on the increase in the
equalized assessed value of the improved structure.
4. Developers of residential structures demolished and replaced in-kind as a result of a natural disaster shall be
exempt from paying a development fee. Developers that demolish and replace residential structures with a
structure of a more intense use, or is expanded, shall pay a fee calculated on the increase in the equalized
assessed value of the improved structure.
5. Non-Residential Development Fees.
a.
Imposition of Fees.
1. Within all zoning districts, non-residential developers, except for developers of the types of developments
specifically exempted below, shall pay a fee equal to two and one-half (2.5) percent of the equalized assessed
value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
Within all zoning districts, non-residential developers, except for developers of the types of developments
specifically exempted below, shall also pay a fee equal to two and one-half (2.5) percent of the increase in
equalized assessed value resulting from any additions to existing structures to be used for non-residential
purposes.
2. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The
development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized
assessed value of the pre-existing land and improvements and the equalized assessed value of the newly
improved structure, i.e. land and improvements, and such calculation shall be made at the time a final
Certificate of Occupancy is issued. If the calculation required under this Section results in a negative number,
the non-residential development fee shall be zero.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential Development.
1. The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to a two
and a half percent (2.5%) development fee, unless otherwise exempted below.
2. The two and a half percent (2.5%) development fee shall not apply to an increase in equalized assessed value
resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
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3. Non-residential developments shall be exempt from the payment of non-residential development fees in
accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act
(N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption". Any exemption claimed by a developer shall be substantiated by that
developer.
4. A developer of a non-residential development exempted from the non-residential development fee pursuant to
the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the
exemption no longer applies, and shall make the payment of the non-residential development fee, in that event,
within three years after that event or after the issuance of the final Certificate of Occupancy for the non-
residential development, whichever is later.
5. If a property which was exempted from the collection of a non-residential development fee thereafter ceases to
be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this
Section within 45 days of the termination of the property tax exemption. Unpaid non-residential development
fees under these circumstances may be enforceable by the Township of Green Brook as a lien against the real
property of the owner.
6. Collection Procedures.
a.
Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority
or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a
Construction Permit.
b.
For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State
of New Jersey Non-Residential Development Certification/ Exemption” to be completed as per the instructions
provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions
provided. The Construction Official shall verify the information submitted by the non-residential developer as
per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare
estimated and final assessments as per the instructions provided in Form N-RDF.
c.
The Construction Official responsible for the issuance of a Construction Permit shall notify the Township Tax
Assessor of the issuance of the first Construction Permit for a development which is subject to a development fee.
d.
Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the
equalized assessed value of the development based on the plans filed.
e.
The Construction Official responsible for the issuance of a final Certificate of Occupancy shall notify the
Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is
subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall
confirm or modify the previously estimated equalized assessed value of the improvements associated with the
development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
g.
Should the Township of Green Brook fail to determine or notify the developer of the amount of the development
fee within 10 business days of the request for final inspection, the developer may estimate the amount due and
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pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L.
2008, c.46 (C.40:55D-8.6).
h.
Except as provided in Section 9-4.5.a.3) hereinabove, fifty percent (50%) of the initially calculated development
fee shall be collected at the time of issuance of the Construction Permit. The remaining portion shall be collected
at the time of issuance of the Certificate of Occupancy. The developer shall be responsible for paying the
difference between the fee calculated at the time of issuance of the Construction Permit and that determined at the
time of issuance of the Certificate of Occupancy.
i.
Appeal of Development Fees.
1. A developer may challenge residential development fees imposed by filing a challenge with the County Board
of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-
bearing escrow account by the Township of Green Brook. Appeals from a determination of the Board may be
made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-
1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be
credited to the prevailing party.
2. A developer may challenge non-residential development fees imposed by filing a challenge with the Director
of the Division of Taxation. Pending a review and determination by the Director, which shall be made within
45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the
Township of Green Brook. Appeals from a determination of the Director may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1, et seq., within 90 days
after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing
party.
7. Affordable Housing Trust Fund.
a. There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the
Chief Financial Officer of the Township of Green Brook for the purpose of depositing development fees
collected from residential and non-residential developers and proceeds from the sale of units with
extinguished controls.
b. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times
be identifiable by source and amount:
1.
Payments in lieu of on-site construction of a fraction of an affordable unit, where permitted by
Ordinance or by Agreement with the Township of Green Brook;
2.
Funds contributed by developers to make ten percent (10%) of the adaptable entrances in a townhouse or
other multistory attached dwelling unit development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
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7.
Any other funds collected in connection with Green Brook’s affordable housing program.
c. In the event of a failure by the Township of Green Brook to comply with trust fund monitoring and reporting
requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the
judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the
approved Spending Plan and to expend funds within the applicable required time period as set forth in In re
Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds
on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of
funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local
Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund
shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable
housing programs within the Township of Green Brook, or, if not practicable, then within the County or the
Housing Region.
Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the
Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond
and/or to remedy the non-compliant condition(s), and upon a finding of continuing and deliberate non-
compliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may
also impose such other remedies as may be reasonable and appropriate to the circumstances.
d. Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing
activities approved by the Court.
8. Use of Funds.
a. The expenditure of all funds shall conform to a Spending Plan approved by the Court. Funds deposited in the
Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township of
Green Brook’s fair share obligation and may be set up as a grant or revolving loan program. Such activities
include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing
affordability controls; housing rehabilitation; new construction of affordable housing units and related costs;
accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of
existing non-residential buildings to create new affordable units; green building strategies designed to be cost
saving and in accordance with accepted national or State standards; purchase of land for affordable housing;
improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to
affordable housing sites; financial assistance designed to increase affordability; administration necessary for
implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by the Court and
specified in the approved Spending Plan.
b. Funds shall not be expended to reimburse the Township of Green Brook for past housing activities.
c. At least 30 percent of all development fees collected and interest earned on such fees shall be used to provide
affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair
Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide
affordability assistance to those households earning 30 percent or less of the median income for Housing Region 3,
in which Green Brook is located.
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1.
Affordability assistance programs may include down payment assistance, security deposit assistance, low
interest loans, rental assistance, assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs. The specific programs to be used for affordability
assistance shall be identified and described within the Spending Plan.
2.
Affordability assistance to households earning 30 percent or less of median income may include buying down
the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to
households earning 30 percent or less of median income. The specific programs to be used for very low
income affordability assistance shall be identified and described within the Spending Plan.
3.
Payments in lieu of constructing affordable housing units on site, if permitted by Ordinance or by Agreement
with the Township of Green Brook, and funds from the sale of units with extinguished controls shall be
exempt from the affordability assistance requirement.
d. The Township of Green Brook may contract with a private or public entity to administer any part of its Housing
Element and Fair Share Plan, including its programs for affordability assistance.
e. No more than 20 percent of all revenues collected from development fees may be expended on administration,
including, but not limited to, salaries and benefits for municipal employees or consultants’ fees necessary to
develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or
administer an affirmative marketing program or a rehabilitation program.
1.
In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included
as part of the 20 percent of collected development fees that may be expended on administration.
2.
Administrative funds may be used for income qualification of households, monitoring the turnover of sale and
rental units, and compliance with monitoring requirements. Legal or other fees related to litigation opposing
affordable housing sites or objecting to the Council’s regulations and/or actions are not eligible uses of the
Affordable Housing Trust Fund.
9. Monitoring.
The Township of Green Brook shall provide annual reporting of Affordable Housing Trust Fund activity to the New
Jersey Department of Community Affairs, or other entity designated by the State of New Jersey, with a copy provided
to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New
Jersey Department of Community Affairs. The reporting shall include an accounting of all Affordable Housing Trust
Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds
have been expended.
10. Ongoing Collection of Fees.
a.
The ability for the Township of Green Brook to impose, collect and expend development fees shall be permitted
through the expiration of the repose period covered by its Judgment of Compliance and shall continue thereafter
so long as the Township of Green Brook has filed an adopted Housing Element and Fair Share Plan with the
Court or with a designated State administrative agency, has petitioned for a Judgment of Compliance from the
Court or for Substantive Certification or its equivalent from a State administrative agency authorized to approve
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and administer municipal affordable housing compliance and has received approval of its Development Fee
Ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.
b.
If the Township of Green Brook is not pursuing authorization to impose and collect development fees after the
expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its
Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable
Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c. 222 (C. 52:27D-320).
c.
After the expiration of the Judgment of Compliance, if the Township does not pursue or obtain continued
authorization, the Township of Green Brook shall not impose a residential development fee on a development
that receives preliminary or final site plan approval, retroactively impose a development fee on such a
development, or expend any of its collected development fees.
1101.5
Escrow Deposits
In addition to the submission of application filing fees, as set forth hereinbefore, applications for
development that meet the criteria established herein, shall be accompanied by a deposit of escrow
funds pursuant to 40:55D-53.2. Each applicant shall agree in writing to post additional escrow funds
where the required initial escrow has been depleted to twenty percent of the original amount. Escrow
deposits shall be in the form of cash, certified check, or money order and shall be administered in
accordance with the requirements of N.J.S.A 40:55D-53.2
a. Subdivision Concept Plan
$2,000
b. Site Plan Concept Plan
$2,000
c. Minor Subdivision or Site Plan
$3,000
d. Preliminary Major Subdivisions
1-3 lots
$3,000
4-10 lots
$5,000
11-25 lots
$7,500
26-50 lots
$10,000
51 lots or more
$15,000
e. Final Major Subdivision
½ of Preliminary Escrow
f. Preliminary Major Site Plan (Residential)
1-3 lots
$4,000
4-10 lots
$6,000
11-25 lots
$8,000
26-50 lots
$10,000
51-199
$12,500
200 units or more
$15,000
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g. Final Major Site Plan (Residential)
½ of Preliminary Escrow
h. Preliminary Major Site Plan (Non-Residential)
Total Floor Plan
5,000-10,000 square feet
$7,500
10,001-20,000 square feet
$10,000
20,001 square feet or greater
$12,500
i. Final Major Site Plan (Non-Residential)
½ of Preliminary Escrow
j. Applications pursuant to 40:55D-70 a or b
$1,500
k. Variances pursuant to 40:55D-70c
$1,500
l. Variance pursuant to 40:55D-70d
$3,500
m. Time Extensions
$500
n. Amended Preliminary Subdivision
½ of Preliminary Escrow
o. Amended Final Subdivision
½ of Final Escrow
p. Amended Preliminary Site Plan
½ of Preliminary Escrow
q. Amended Final Site Plan
½ of Final Escrow
r. Plot or Grading Plan Review (stormwater review with less than an acre of disturbance and less than
¼ acre of new impervious coverage
$500
s. Plot or Grading Plan Review (stormwater review with more than an acre of disturbance or more than
¼ acre of new impervious coverage
$1,500
t. Witnessing of infiltration testing
$1,000
1101.6
Appearance Cancellation Fee
In the event an applicant cancels or postpones a hearing before the Planning or Zoning Boards within 14 days of their
scheduled hearing date, said applicant will be charged a cancellation fee of $200 which shall be paid to the Township
before any subsequent appearances for that application will be scheduled.
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ARTICLE 12
VIOLATIONS AND PENALTIES
1201. VIOLATIONS AND PENALTIES.
1201.1
Subdivision Violations and Penalties.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or
tenant, any land which forms a part of a subdivision for which approval is required by ordinance pursuant
to this act, such persons shall be subject to a penalty not to exceed $1,000.00 and each lot disposition so
made may be deemed a separate violation.
In addition to the foregoing, the township may institute and maintain a civil action.
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a
certificate of compliance has not been issued in accordance with R.S. 40:550-56, but only if the
township (1) has a Planning Board and (2) has adopted by ordinance standards and procedures in
accordance with R.S. 40:55D-38.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of
the land, from which the subdivision was made that remains in the possession of the developer or his
assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a
reasonable search fee, survey expense and title closing expense, if any. Any such action must be
brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance
of said land or within 6 years, if unrecorded.
1201.2
Other Violations.
A.
Injunctive relief.
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In case any building or structure is erected, constructed, altered, repaired, converted, or maintained,
or any building, structure or land is used in violation of this act or of any ordinance or other
regulation made under authority conferred hereby, the proper local authorities of the township or an
interested party, in addition to other remedies, may institute any appropriate action or proceedings to
prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said
building, structure or land, to prevent any illegal act, conduct, business or use in or about such
premises.
B.
Penalties.
Any person, firm or corporation that shall violate any provisions of this Ordinance, not included in
Section 1201.1, shall, upon conviction thereof by any Court authorized by law to hear and determine
the matter, be fined such sum not exceeding Five Hundred Dollars ($500.00), as such Court in its
discretion may impose, or if the party so convicted be a natural person, such person may be
imprisoned for such term not exceeding ninety (90) days as such Court in its discretion may impose,
or be fined such sum not exceeding Five Hundred Dollars ($500.00) as such Court in its discretion
may impose or such natural person may be both imprisoned and fined not exceeding the maximum
limits set forth herein, as such Court in its discretion may impose. Each day that such violation exists
shall constitute a separate offense punishable by a like fine or penalty.
1202. PARTIES LIABLE.
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any
building or structure, lot or land, or part thereof, where anything in violation of this Ordinance shall be
placed or shall exist, or be suffered, allowed or permitted to exist, and any architect, builder, developer,
contractor, agent, person or corporation employed in connection therewith and who assists in the commission
of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall each be
guilty of a separate violation, and upon conviction thereof shall be each liable to the fine or imprisonment, or
both, specified in Sections 1201.1 and 1201.2, above.
1203. OTHER REMEDIES.
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The penalties provided in this Article are additional to any other remedies available to the Township of
Green Brook, or to residents or property owners of the Township of Green Brook who may be affected by
any violation of this Ordinance by law.
1204. REVOCATION AND RESCISSION OF APPROVAL AND/OR PERMITS.
Whenever it shall come to the attention of either the Planning Board or the Board of Adjustment, that action
was taken by such Board based upon fraud or misrepresentation by or on behalf of the applicant as to a
material fact, such Board shall have the right to rescind its previous action and to order revocation of any
approval, permit, or certificate theretofore granted upon such fraud or misrepresentation. Such rescission and
revocation shall remain in effect unless and until such Board shall reinstate such approval following a
hearing thereon granted to the applicant within 10 days of any requests therefore by the applicant. The rights
of rescission and revocation set forth in this paragraph shall be in addition to the right to proceed under the
other paragraphs of this Section.
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ARTICLE 13
VALIDITY
1301. SEVERABILITY.
If any section, subsection, article, paragraph, subdivision, clause or provision of this Ordinance shall be
adjudged invalid by a Court of competent jurisdiction, such adjudication shall apply only to the section,
subsection, article, paragraph, subdivision, clause or provision so adjudged. and the remainder of this
Ordinance shall be deemed valid and effective.
ARTICLE 14
REPEALER
1401. REPEALER.
Except as may be specifically set forth in this Ordinance, any and all other ordinances or parts thereof in
conflict or inconsistent with any of the terms of this Ordinance are hereby repealed to such extent as they are
so in conflict or inconsistent; provided, however, that the adoption of this Ordinance shall not prevent or bar
the continuation or institution of any proceedings for offenses heretofore committed in violation of any
existing ordinances of the Township of Green Brook.
ARTICLE 15
EFFECTIVE DATE
1501. Effective Date.
This Ordinance shall take effect immediately upon publication of notice after final adoption, as provided by
law.
This Ordinance, however, is a substantial re-enactment of the Land Development Ordinance of the Township
of Green Brook, as amended, and the Planning Board and Board of Adjustment heretofore appointed and
serving shall remain as constituted at the time of adoption of this Ordinance, until the terms of the respective
members shall expire.
Where construction has begun pursuant to the provisions of the Ordinance repealed hereby, such
construction may continue pursuant to such prior, approval and pursuant to the terms of the Ordinance in
effect at the time of adoption of this Ordinance.
--- Document: Zoning Ordinance ---
1
THE ZONING ORDINANCE
OF THE TOWNSHIP OF GREEN BROOK
(2019)
Printed with Amendments through 2025
Township Committee
Jim Van Arsdale, Mayor
James Benscoter, Deputy Mayor
Brian Conway
Bruce Martins
Gerard Searfoss
Township of Green Brook
111 Greenbrook, NJ 08812
Phone (732) 968-1023
Fax (732) 968-4088
2
TOWNSHIP OF GREEN BROOK
THE ZONING ORDINANCE OF THE TOWNSHIP OF GREEN BROOK (1987)
ARTICLE 1
PURPOSE; INTERPRETATION; SCOPE
101. TITLE
This ordinance shall be known and may be cited as “The Zoning Ordinance of the Township of Green Brook
(1987)”. [NOTE: This is printed copy of the ordinance as adopted in 1987 and as subsequently
amended and supplemented, and incorporates amendments adopted through the calendar year 2025.]
102. PURPOSE.
In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements adopted to promote the purposes set forth in Section 2 of Article 1 of Chapter 291, P.L. 1975,
as amended and supplemented, The Municipal Land Use Law, and pursuant to the power and authority set
forth in Article 8 of said Act.
103. INTERPRETATION. Where the provisions of this ordinance impose greater restrictions than those of
any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the
provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the
provisions of such statute, other ordinance or regulation shall be controlling. It is not intended by this
ordinance to interfere with or abrogate or annul any easements, restrictions, covenants or other agreements
between parties, provided, however, that where this ordinance imposes a greater restriction upon the use of
land or buildings or requires larger yards, courts or other open spaces than are imposed or required by
existing easements, restrictions, covenants or agreements between parties, the provisions of this ordinance
shall govern.
104. SCOPE
From and after the effective date of this ordinance, the use of all land and every building and structure and
portions of a building or structure erected, altered with respect to height and area, added to, or relocated, and
every use within a building or use accessory thereto, in the Township of Green Brook, shall be in conformity
with the provisions of this ordinance. Any lawful existing building or land not in conformity with the
regulations herein prescribed shall be regarded as nonconforming, but may be continued, extended or
changed subject to the special regulations herein provided with respect to nonconforming buildings or uses.
3
105. RELATION TO THE LAND DEVELOPMENT ORDINANCE.
This ordinance shall be read in conjunction with THE LAND DEVELOPMENT ORDINANCE OF THE
TOWNSHIP OF GREEN BROOK, both ordinances being enacted pursuant to the Municipal Land Use Law,
P.L. 1975, c. 291, as amended and supplemented.
106. COORDINATION WITH STATEWIDE RESIDENTIAL SITE IMPROVEMENT
STANDARDS.
The requirements and standards of the Land Use Ordinance of Green Brook Township shall apply to all land
development applications for all agricultural, commercial, office, industrial, educational, or mixed uses in
the Township of Green Brook. With respect to development applications for residential subdivisions or for
residential site plan approvals, or for residential variances —the Residential Site improvement Standards of
Article 5, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the
particular standards or particular requirements which have been validly adopted by the New Jersey
Administrative Code shall govern, but only with respect to the particular standards or particular
requirements which have been validly adopted by the New Jersey Commissioner of Community Affairs,
pursuant to N.J.S.A. 40:55D-40.1 et seq. if, with respect to a particular matter , no statewide standard has
been validly adopted by the Commission of Community Affairs, then the requirements and standards of this
ordinance shall govern such respect.
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ARTICLE 2.
ZONE DISTRICTS; BOUNDARIES
201. ZONE DISTRICTS.
For the purpose of this ordinance the Township of Green Brook is hereby divided into districts as follows:
RESIDENTIAL DISTRICT
LD-1
RESIDENTIAL DISTRICT
LD-3
RESIDENTIAL DISTRICT
MD
RESIDENTIAL DISTRICT
MHD
RESIDENTIAL DISTRICT
HD
SPECIAL MOUNTAINSIDE DEVELOPMENT DISTRICT
SMD
REGIONAL HIGHWAY COMMERCIAL DISTRICT
RHC
VILLAGE GATEWAY DISTRICT
VG
VILLAGE COMMERCIAL DISTRICT
VC
RESIDENTIAL/OFFICE VILLAGE COMMERCIAL DISTRICT
RVC
AFFORDABLE HOUSING DISTRICT
AHD
AFFORDABLE HOUSING DISTRICT 2
AHD 2
AFFORDABLE HOUSING DISTRICT 3
AHD 3
AFFORDABLE HOUSING DISTRICT 4
AHD 4
AFFORDABLE HOUSING DISTRICT 5
AHD 5
AFFORDABLE HOUSING DISTRICT 6
AHD 6
INDUSTRIAL DISTRICT
I
MOUNTAIN PRESERVATION DISTRICT
MP
PUBLIC AND RECREATION DISTRICT
PR
CONSERVATION AREA DISTRICT
CA
202. ZONING MAP.
The boundaries of the districts shall be as shown on a certain map entitled “Zoning Map for Township of Green
Brook, County of Somerset, State of New Jersey” prepared by C. Richard Roseberry NJ Professional Engineer,
dated June 4, 2019, which map has been and is now on file in the Office of the Clerk of the Township of Green
Brook.” Said map is hereby adopted and included within this ordinance as fully as if areplica of said map
were printed herewith.
203. SCHEDULE OF REQUIREMENTS.
The “Schedule of Requirements” attached hereto shall be a part of this ordinance, provided, however, that it
shall be considered a general guide to the requirements of this ordinance and in any case where said
“Schedule” may conflict with the express wording of any provision of this ordinance, such express wording
shall control.
204. DISTRICT BOUNDARIES.
Where uncertainty exists as to any of said boundaries as shown on said Zoning Map, the following rules
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shall apply:
204.1 Zone boundary lines are intended generally to follow the center lines of streets and streams, and
lot lines, or the projection or extension of lot lines, or the connection of the lot lines of separated lots
across an intervening lot or lots; all as exist and are recorded in the official records of the Township,
County, or State at the date of adoption of this ordinance.
204.2 Where such boundaries are not fixed by dimensions and where they approximately follow lot
lines, and where they do not scale more than ten (10) feet distant therefrom, such lot lines shall be
construed to be such boundaries unless specifically shown otherwise.
204.3 The location of a zone boundary line which divides a lot shall be determined by the use of the
graphic scale appearing on the Zoning Map, unless the manner of determining its location is otherwise
provided for above.
204.4 MP - MOUNTAIN PRESERVATION DISTRICT: an area has been shown on the Zoning Map
as MP - MOUNTAIN PRESERVATION DISTRICT. It is intended to include within that district the
band of lands on the southerly side of the Watchung Ridge where the slope exceeds 20 percent. In
determining said zone district boundary in specific land development applications, the actual
topographic conditions shall control and the lines on the Zoning Map shall not be scaled but shall be
considered as intended to follow actual topographic conditions. (See definition of “Slope”).
204.5 CA - CONSERVATION AREA DISTRICT: an area has been shown on the Zoning Map as CA
- Conservation Area District. It is intended to include within that district the area, delineated as
“floodway” (but not flood fringe), as shown on Delineation of Floodway and Flood Hazard Areas maps
prepared by the New Jersey Department of Environmental Protection and Energy, dated December 1982.
Said report shall control rather than the lines on the Zoning map.
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ARTICLE 3
DEFINITIONS
301. DEFINITION OF TERMS.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this
ordinance to have the meaning herein indicated. The singular shall include the plural, and the plural the
singular. The word “used” shall include the words “arranged”, “designed”, or “intended to be used”. The
word “building” shall include the word “structure”. The present tense shall include the future tense.
In the event of any conflict between the following definitions and those contained in the Municipal Land
Use Law, PL. 1975, c. 291, and any amendments and supplements thereto, the said state law shall control.
See also definitions contains in The Land Development Ordinance of the Township of Green Brook.
301.1 ACCESSORY BUILDING. A subordinate building or structure on the same lot with a main
building, or a portion of the main building, occupied or devoted exclusively to an accessory use. Where
an accessory building is attached to a main building in a substantial manner by a wall or roof such
accessory building shall be considered part of the main building. For the purposes of this ordinance, a
garden shed or “play house”, even if otherwise meeting the definition of a structure, shall not be
considered an “accessory building” provided: (a) it does not exceed seven (7’) feet in height at the eves,
and (b) it contains more than one hundred square feet (100) in floor area. No such garden shed or “play
house” shall be located closer than five (5’) feet to any property line.
301.2 ACCESSORY USE. A use naturally, normally and customarily incidental and subordinate to the
main use of the premises or lot
301.3 ALTERATION OF BUILDING. A change in the supporting members of a building, an addition
to or diminution of a building. A change in use from that permitted in one zone district to a use permitted
in another, a conversion of a building or a part thereof, or removal of a building from one location to
another.
301.4 ACRE. For all purposes of this ordinance, including, by way of illustration and not by way of
limitation, determination of gross density and net density, whenever the term acre is used it shall be
considered as containing 43,560 square feet. [Note—this is as amended, by ordinance adopted
December 29, 1988; prior to that amendment an “acre” was defined as containing 40,500 square feet].
301.5 AUCTION MARKET. Any premises on which are held at periodic times auction sales of
merchandise or any other personal property.
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301.6 AUTOMOBILE WRECKING. See Junk Yard definition.
301.7 BASEMENT. A story partly underground and having more than one-half (1/2) of its height above
the average level of the finished grade at the front of the building. See “Cellar”; Sec. 301.16.
301.7-1 Building Height. The height of the building shall be measured from the average grade line to the
top of the highest peak of the roof. The average grade line is the average elevation of the ground
elevations measured along the front of the building line as further defined in Section 301.8
301.8 BUILDING LINE. A line formed by the intersection of a horizontal plane at average grade and a
vertical plane that coincides with the exterior surface of the building on any side. In case of a
cantilevered or projected section of a building, the vertical plane will coincide with the most projected
surface, except as modified by Section 301.64-4. All yard requirements are measured to the building line.
301.9 BUSINESS OFFICE. A business establishment which does not offer a product or merchandise
for sale to the public but offers only a service to the public; such as a real estate office, insurance agents’
office, and the like. Personal service establishments, such as barber and beauty shops, and repair service
shops are not included within the meaning of Business Office.
301.9-1 Cargo Container: Any portable, reusable container generally referred to as a sea cargo
container or cargo container and primarily designed or used for transporting freight by commercial
transportation. When used for any purpose other than transporting freight a Cargo Container is a
structure.
301.10 CELLAR. A story partly underground and having more than one-half (1/2) of its clear height
below the average level of the finished grade at the front of the building. See “Basement”.
301.11 CHURCH. A building or group of buildings including customary accessory buildings designed
or intended for public worship. For the purpose of this ordinance the word church shall include chapels,
congregations, cathedrals, temples and similar designations as well as parish houses, convents and such
accessory uses, and shall include buildings for what is generally known as “Sunday Schools”, but not
including church-conducted academic schools.
301.12 CLUSTERED DEVELOPMENT. A land subdivision in which the plotted lots may be reduced
in size below the minimum for the zone district in which said subdivision is located without, however,
increasing the population density for the area of the subdivision, as more particularly set forth and as
subject to the conditions outlined in this ordinance. The resultant lots are grouped together in a compact
service area with the open space areas dedicated in perpetuity to the Township for public use.
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301.13 COVERAGE. That percentage of the plot or lot area covered by the building area.
301.14 CURB LEVEL. The officially established elevation of the street curb in front of the mid-point of
the front lot line.
301.15 DWELLING UNIT. One or more rooms designed for, intended for, or occupied by one family
or household.
301.16 DWELLING, ONE-FAMILY. A detached building containing only one (1) dwelling unit
occupied exclusively by one family.
301.17 ESSENTIAL SERVICES. The erection, construction, alteration or maintenance, by public
utilities, telephone or municipal or other governmental agencies of underground or overhead gas,
electric, steam, water or sewage transmission or distribution systems, including buildings, poles, alarm
boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate services by such public utilities or municipal or
other governmental agencies or for the public health or safety or general welfare.
301.18 FAMILY. One or more persons living together as a single housekeeping unit. A family may
consist of a single person or two or more persons, related by blood, marriage or adoption, and including
a foster child or foster children, as contemplated by N.J.S.A. 40:55D-66 c. It is specifically provided that
four or more persons living together in a club house, fraternity or sorority house, or the like, or four or
more persons not related as provided for herein, living together in what is known as “communal house”
or the like, shall not be considered a “family” within the meaning of this ordinance.
301.19 FENCE. A constructed barrier of wood, masonry, stone, wire, metal or any other materials, or
combination of such materials, erected for the purpose of enclosing or screening yard areas or other
features on a lot or property.
301.20 FLOOR AREA. The area of all floors computed by measuring the inside dimensions of the
outside walls in a building, excluding: attic and basement and cellar floors, whether or not used for
living purposes, attached accessory buildings, porches, patios, terrace or breezeways, verandas and
garages.
301.21 FRONTAGE, REVERSE. The rear or reverse portion of a lot abutting a major or arterial street
and provided with a twenty-five (25) foot buffer planting area between the tot and the street. This
twenty-five (25) foot planting area shall not be included in determining the rear yard space.
301.22 GARAGE, PRIVATE. A detached accessory building or portion of a main building, used
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exclusively for the storage of a passenger vehicle or vehicles, enclosed on three sides and having a
closeable vehicular entrance on the fourth.
301.23 GARAGE, PUBLIC. A garage, other than a private garage, available to the public, operated for
gain, and which is used either for the storage, servicing and/or repair of automobiles or other motor
vehicles, and may include the incidental supply of gasoline or oil or other fuel for vehicular propulsion.
301.24 GOLF COURSE. An area of one hundred (100) or more contiguous acres containing a full-
sized golf links, at least eighteen (18) holes in length totaling a minimum of five thousand four hundred
(5,400) yards from tees to greens, together with such necessary and usual accessory uses as a club house,
caretakers’ dwellings, dining and refreshment facilities and other such uses provided that the operation
of such facilities is incidental and subordinate to the operation of the golf course.
301.25 HOME PROFESSIONAL OFFICE. The office of a member of a recognized profession when
conducted on residential property. Such home offices shall be limited to those of medical doctors,
lawyers, accountants, engineers, artists, clergy, musicians and other recognized professionals which
require a similar degree of training and experience and which engage in services to persons (as
contrasted with animals or property), and the operation of which has the same impact on the area as
those specifically listed herein.
301.26 HOTEL A building containing a number of rental units providing lodging, and usually meals, to
the general public on a transient basis. Such rental units are customarily serviced by a single entrance to
the principal building. When conducted solely within the principal building, incidental uses such as
meeting rooms, dining rooms, kitchens, cocktail lounges, and the like, shall also be activities included
within this definition of “hotel”.
301.27 JUNK YARD. Any area and/or structure used for the collection, storage, or abandonment of any
waste, discarded material, or ‘junk’, or the dismantling, demolition, salvaging, or abandonment of
structures, automobiles, or other vehicles, equipment and machinery, pipe, or parts thereof.
301.28 JUNK. For the purposes of this ordinance, the term “junk” shall include rags, scrap iron,
shavings, borings, old rope, old iron, brass, copper, tin, lead, aluminum, plastic, and other old materials,
automobiles, trucks, tractors, trailers, construction equipment, boats, and all manner of vehicles which
are unfit for reconditioning for sale or use or transportation, used parts of any of such vehicles or
equipment, old bottles, drums, barrels, glass, lumber, paper, discarded machinery or parts thereof, old or
broken pipe, brick, tubing and any forms of construction materials, discarded iceboxes, refrigerators,
freezers, washing machines, dryers, water heaters, tubs, bathtubs, water closets, lavatories, and other
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discarded fixtures, discarded doors, windows, and storm doors and storm windows, and any other
second-hand articles or used materials and merchandise and such other articles or things as commonly
come within the classification of junk or debris.
301.29 LOT. A parcel of land upon which main and accessory buildings are or may be placed, together
with the required open spaces.
301.30 LOT AREA. The total square unit contents included within lot lines and measured to the street
line only.
301.31 LOT, CORNER. A lot at the junction of, and having a frontage on, two or more intersecting
streets.
301.32 LOT, DEPTH. A mean horizontal distance between the front and rear lot lines, measured at
right angles to the streets from the intersection of the side lines and the front lot lines.
301.33 LOT, FRONTAGE. A lot line or portion thereof which coincides with a street line. In the case
of corner lots the shorter of the two lot lines coinciding with the street tines shall be considered the lot
frontage. See “Street Line”.
301.34 LOT, INTERIOR. A lot other than a corner lot.
301.35 LOT WIDTH. The horizontal distance between the side lot lines measured between the points at
which the rear line of the minimum front yard area intersects the side lot lines.
301.36 MANUFACTURING. The treatment or processing of raw products, and the production of
articles or finished products from raw or prepared materials by giving them new forms or qualities.
301.37 MEDICAL BUILDING. A building intended to house one or more offices and/or laboratories
for the medical profession. An incidental use may include pharmacy for sale of prescription medicines
and like sundries. By “medical profession” is meant all fields of medicine and dentistry, licensed by the
State of New Jersey, and providing services to human beings.
301.38 MOTEL. A group of rental units for transient guests with individual entrances from the exterior
of the building to each unit, operated as a business for the purpose of providing lodging to transient
guests. An office and single dwelling unit for the owner, operator or manager of said motel may be
included as secondary uses in conjunction with the operation of a motel.
301.39 MOTOR VEHICLE SERVICE STATION. A place where gasoline or other motor fuel or
lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, including
sale of accessories, oiling, greasing, washing, and light motor vehicle repairs on the premises, but in no
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case to include major vehicle repairs or rebuilding, or fender, body or frame straightening, painting, or
rebuilding.
301.39-1 No Impact Home Based Business -- A business or commercial activity administered or
conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which
involves no customer, client or patient traffic (whether vehicular or pedestrian) pickup, delivery or
removal functions to or from the premises, in excess of those normally associated with residential use.
The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and
surrounding residential uses;
B. The business shall employ no more than one (1) employee including family members residing in the
dwelling;
C. There shall be no display or sale of retail goods from the premises and no stockpiling or inventory of
a substantial nature;
D. There should be no outside appearance of a business use, including, but not limited to, parking, signs
or lights;
E. The business activity may not use any equipment or process which creates noise, vibration, glare,
fumes, odors, electrical or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood;
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which
is not normally associated with residential use in the neighborhood;
G. The business activity shall be conducted only within the dwelling and may not occupy more than 10%
of the habitable floor area; and
H. The business may not involve any illegal activity.
I. The business activity shall register with the Bureau of Fire Protection and comply with all Department
of Health regulations.
J. An application for No-Impact Home Based Business shall be submitted to the Township Technical
Review Committee.
301.40 NONCONFORMING BUILDING OR USE. A lawful building, or lawful use of land or of a
building existing at the effective date of this ordinance, or any amendment thereto, which does not
conform with the requirements of this ordinance.
301.41 NURSING, REST, CONVALESCENT HOME. A home for the aged, convalescent, and ill
persons where such persons are housed or lodged and furnished with food and nursing care for
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compensation, and which is licensed as such under the laws of the State of New Jersey; same shall not
include “boarding house”.
301.42 OCCUPANCY. The act of occupying land or building for the purpose it is arranged, intended,
designed or maintained.
301.43 OPEN SPACE. An unoccupied space open to the sky on the same lot with a principal building.
301.44 PARKING AREA. An open space, other than a street or other public way, used for the parking
of motor vehicles and available for public use whether for a fee or as a service or privilege for clients,
customers, suppliers or residents.
301.45 PARKING SPACE. An off-street area available for the parking of a motor vehicle and which in
this ordinance is held to be a minimum of nine (9) feet wide and eighteen (18) feet long, exclusive of
passageways and driveways appurtenant thereto, and giving access thereto. The Planning Board or
Approving Authority, in reviewing site plans, shall have the power to permit a limited number of parking
spaces to be less than the dimensions above, to be marked for compact vehicles only. Adequate
provision shall be made for ingress and egress to all parking spaces as approved by the Township
Engineer. [revised 9-20-95]
301.46 PLANNING BOARD. The Planning Board of the Township of Green Brook, unless otherwise
specified.
301.47 PRINCIPAL BUILDING. A building in which is conducted the main or principal use of the lot
on which said building is situated.
301.48 POOL ROOM OR BILLIARD PARLOR. Any building or structure, r oom or place in which
pool or billiards shall be played for gain, hire or reward, or where a fee is charged for use of the
facilities.
301.49 PROFESSIONAL OFFICE. The office of a member of a recognized profession maintained for
the conduct of his or her profession. Such professions shall be limited to:
a. those of medicine, law, architecture, engineering, accounting, art, religion, music, and other
professions which require a similar degree of training and experience and which engage in services
to persons (as contrasted with animals or property); and
b. offices of veterinarians for the treatment and care of domestic pets, including veterinarian hospital
facilities, provided that all such facilities are housed within buildings. This shall not permit
operations commonly known as kennels, whether for coops, runs or other facilities.
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301.49-1 Recreation Facilities. A place designed and equipped for the conduct of sports and leisure time
activities (a.k.a. Health and Fitness Clubs).
301.50 RESIDENTIAL DENSITY, GROSS. The total number of dwelling units which may be
developed on an area of land, before requirements for public access and required open space are
provided.
301.51-1 Restaurant. Any establishment, however designated, at which food is sold principally for
consumption on the premises to patrons seated within an enclosed building. A restaurant may have
limited forms of entertainment to accompany the dining experience.
301.51-2 Restaurant, Drive-in. An establishment, however designated, at which patrons are served
with food, soft drinks, ice cream and similar confections for principal consumption on the premises
but outside the confines of the principal building or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other accommodations are provided for the
patrons.
301.51-3 Restaurant, Outdoor. Any part of food establishment located outdoors, not used for any
other purposes and open to the sky, with the exception that it may have retractable awnings or
umbrellas, and may contain furniture, including tables, railings, planters that are readily moveable.
301.51-4 Retail Food Establishment. Any fixed facility in which food or drink is sold primarily for
off-premises preparation or consumption
301.51-5 Retail Sales. Establishments engaged in the selling or rental of goods or merchandise
(usually to the public for personal use or household consumption, although they may also serve
business and institutional clients) and in rendering services incidental to the sale of such goods.
301.51-6 Retail Services. Establishments providing services or entertainment, as opposed to
products, to the general public for personal or household use, including personal service
establishments, theatres, amusement and recreational services, health, educational, social services,
museums, and galleries.
301.52 SCHOOL PUBLIC OR PRIVATE. Any non-profit academic institution offering courses and
curricula which are approved by the New Jersey Department of Education, to pupils enrolled in nursery
school, or in grades Kindergarten (pre-first grade) to twelve, or any segment of such grade structure.
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301.52-2 Shopping Center. A group of commercial establishments planned, constructed, and
managed as a total entity on a single lot; with customer and employee parking provided on-site,
provisions for goods delivered separately from customer access, aesthetic considerations and
protection from the elements, and landscaping and signage in accordance with an approved site plan.
A shopping center may include multiple condominium lots.
301.53 SLOPE. The percent of slope (rise in feet per horizontal distance) shall be established by
measurement of distance perpendicular to the contour of the slope. The percent of slope shall be
calculated for each two-foot contour interval. For example, any location on the site where there is a one-
foot rise over a 10-foot horizontal run constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal
run constitutes a 15 percent slope; a two-foot rise over a 10-foot horizontal run constitutes a 20 percent
slope.
301.54 SIGN. Any structure or part thereof or device attached thereto or painted or represented thereon,
which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, drawing,
mural, painting or representation used as, or which is in the nature of an announcement, direction or
advertisement, or for the purpose of bringing the subject or location thereof to the attention of others. For
the purpose of this ordinance the word “sign” includes “billboard”.
301.54-1 Advertising Sign. A sign which directs attention to a business, commodity, service, or
establishment conducted, sold or offered elsewhere than upon the premises.
301.54-2 Business Sign. A sign which directs attention to a business or profession conducted upon the
premises. A “for sale” or “to rent’ sign relating to the property on which it is displayed shall be deemed
a business sign.
301.54-3 Sign, area of. The area included within the frame or edge of the sign. Where the sign has no
such frame or edge, the area shall be defined by an enclosed four-sided (straight lines) geometric
shape which most closely outlines said sign.
301.54-4 Façade, as used in this Ordinance, for the purpose of defining the size of signage, shall be
the front of the area occupied from center to center of the demising walls between units and from the
finished floor on the First Level to the finished floor level to the Second Floor in two story buildings;
and from finished second floor to the main building finished roof elevation, excluding parapets,
mansard roofs, awnings of any kind, marquees, other treatments extending above the main building
roof elevation; and in one story malls the front of the area occupied from center to center of the
15
demising walls between units and from the finished floor of the unit to the main building finished
roof elevation, exclusive of any parapets, mansard roofs, awnings of any kind, marquees or other
treatments extending above the main building roof elevation.
301.54-5 Wall Blade Sign. A sign mounted to a building or pole that hangs perpendicular to the
normal flow of traffic.
301.55 SITE PLAN. The general plan or layout of a lot and the installation on the lot showing the
location and/or proposed location of main buildings, other structures, streets, driveways, access roads,
parking and loading lots and areas, drainage, topography, grading, landscaping, sewerage disposal
system, water supply system, easements, signs, and utilities, including dimensions of all of the foregoing
and elevations of all sides of building(s), together with such other data as will fully disclose the nature of
the use or uses proposed. SEE THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF
GREEN BROOK.
301.56 STORY. That portion of a building included between the surface of any floor and the surface of
the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling
next above it.
301.56-1 Half Story. That portion of a building under a gable, hip or gambrel roof, the wall plates of
which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of
such half story. A basement shall also be included as a half story. See BASEMENT.
301.57 STREET. A public thoroughfare which has been dedicated or deeded to the public for public use
and which has been improved in accordance with municipal standards.
301.58 STREET LINE. That line determining the limit of the highway rights of the public, either
existing or contemplated. Where a definite right-of-way width has not been established, the street line
shall be assumed to be at a point twenty-five (25) feet from the center line of the existing pavement.
Where a building lot has frontage on a street which the Master Plan or Official Map of the Township
indicates is proposed for right-of-way widening, the required front yard shall be measured from such
proposed right-of-way line.
301.59 STRUCTURE. The word “structure” shall include the word “building” and shall include
anything constructed, assembled, or erected, the use of which requires location in or on the ground or
attachment to something having location in or on the ground, and shall include, by way of illustration
and not by way of limitation, fences which are more than 50% solid, swimming pools, tanks, towers,
16
signs, bins, tents, lunch wagons, trailers, dining cars, camp cars, or similar structures on wheels or other
supports used for business, recreation, living, or other purposes. The word “structure” shall not apply to
essential service utilities entirely below the ground.
301.60 SWIMMING CLUB. A public or privately-owned swimming pool open to the general public on
a membership or fee basis and having appropriate dressing room facilities and off-street parking areas.
301.61 SWIMMING POOL PRIVATE. A swimming pool which is an accessory use to a dwelling unit
located on the same lot Such private swimming pool, whether “in ground” or “above-ground” shall be
considered a structure and be subject to all of the provisions of this ordinance governing the location of
an accessory building.
301.62 TRAILER.
(A) TRAILER COACH. A vehicle or structure used or so constructed as to permit its being used as
a licensed conveyance upon the public streets or highways and constructed in such a manner as will
permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also
include automobile trailers, mobile homes, house trailers, trailer coaches and camper trailers,
excepting therefrom “travel trailers” which are less than six (6) feet in width and less than ten (10)
feet in length and which are not used for purposes of day-to-day habitation.
(B) TRUCK TRAILER. Any vehicle or unit equipped with wheels or similar devices used for the
purpose of commerce or transporting goods, stock or merchandise, for transportation on a flat-bed,
railroad or ship.
301.63 USE. The specific purpose for which land or a building is designed, arranged, intended or for
which it is or may be occupied or maintained.
301.64 YARD.
301.64-1 Front Yard. An open, unoccupied space on the same lot with the principal building,
extending the full width of the lot and situated between the street line and the front line of the
building projected to the side lines of that lot. “Setback line” shall be synonymous with the rear limit
of the required front yard area.
301.64-2 Rear Yards. An open space extending across the full width of the lot and lying between the
rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall
be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the
general direction of its side building lines.
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301.64-3 Side Yard. An open, unoccupied space between the side lot line and the building line
nearest thereto, extending from the front yard to the rear yard, or in the absence of either-to the street
or rear lines as the case may be. The width of the side yard shall be measured parallel to the front lot
line.
301.64-4 Nature of Yards. The required yards shall be open to the sky, unobstructed, except for the
ordinary projection of parapets, window sills, door posts, rainwater, leaders, cornices, canopies,
eaves, bay windows, stairways and similar ornamental or structural fixtures which may not project
more than two (2) feet into such yards.
301.65 ZONING OFFICER. The official appointed to administer the Zoning Ordinance of the
Township of Green Brook, or the deputy of such official, or other person officially appointed to act in
the place or stead of the Zoning Officer, or in the event of his or her absence, disability or
disqualification.
301.66 SOLAR ENERGY SYSTEM
A device or combination of devices or elements that rely on direct sunlight as an energy source,
including any substance or device that collects sunlight for the following uses: heating or cooling of a
structure or building; heating or pumping of water; or, generating electricity.
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ARTICLE 4
GENERAL PROVISIONS
401. ZONING AFFECTS ALL STRUCTURES, BUILDINGS AND LAND AND THE USE
THEREOF.
No land or premises may be used and no building or structure may be erected, raised, moved, extended,
enlarged, altered or used for any purpose other than a purpose permitted herein, for the district in which it is
located, and all construction shall be in conformity with the regulations provided for the district in which
such building or premises is located; nor shall any open space contiguous to any building be encroached
upon or reduced in any manner, except in conformity to the regulations designated in the Schedule and this
ordinance for the district in which such building or space is located. In the event of any such unlawful
encroachment or reduction, such building or such use shall be deemed to be in violation of this ordinance,
and the Certificate of Occupancy shall become void.
402. YARDS AND STREET FRONTAGE.
402.1 Every lot must provide a front yard, rear yard and side yards as required by its zone district.
402.2 Every principal building shall be built upon a lot with frontage upon a public street improved to
meet the Township’s requirements or for which such improvements have been guaranteed by the posting
of a performance guarantee pursuant to the Land Development Ordinance of the Township, unless relief
has been granted under the provisions of Section 27 of Chapter 291, PL 1975, (N.J.S.A. 40:550-36) as
the same may be amended or supplemented.
402.3 All lots requiring reverse frontage shall have an additional twenty-five (25) feet of depth greater
than the requirements of the district. This twenty-live (25) feet of depth will be planted by the developer
or building in evergreen trees and shrubs so as to provide a visual screen at least six (6) feet in height
and covering fifty percent (50%) of the frontage of the property by the end of two (2) growing seasons.
Additional buffer devices, such as berms. may be required in connection with land subdivisions, as
provided in The Land Development Ordinance. The Approving Authority and/or the Construction
Official, as the case may be, shall require, in the same manner as set forth for performance guarantees in
the Land Development Ordinance, the posting of guarantees that said plantings shall survive the second
growing season or will be replaced if same do not survive. (See Article 10 of this ordinance).
402.4 All yards facing on a public street shall be considered front yards and shall conform to the
minimum front yard requirements for the zone district in which located. Corner lots shall provide the
minimum front yard requirements for the respective zone district for all intersecting streets, for both
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principal and accessory buildings.
403. ACCESSORY BUILDING.
403.1 No accessory building may be built on any lot on which there is no principal building.
403.2 No accessory building shall exceed the height of the principal building.
403.3 For the purpose of regulating the locations of accessory buildings on corner lots, and on lots
extending through between two parallel streets, all portions of a corner lot or a through lot which fronts
on a public street shall be subject to the front yard requirements of the district in which said corner lot or
through lot is located; provided, further, that no accessory building shall be permitted in any front yard.
403.4 Accessory buildings shall be at least ten (10) feet from any principal building situated on the same
lot, unless an integral part thereof, and shall be at least six (6) feet from any other accessory building.
403.5 No accessory buildings shall be erected or constructed closer than ten (10) feet to any side or rear
lot line.
404. DWELLINGS IN REAR OF LOTS.
No building to be used as a dwelling shall be constructed, altered, or moved to the rear of a building situated on
the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on
the same lot.
405. REDUCTION OF LOT.
No lot area shall be reduced by subdivision, sale or in any other manner so that the area of the lot or the
dimensions of the required open spaces shall be smaller than herein prescribed.
406. OFF-STREET PARKING REQUIRED IN RESIDENTIAL DISTRICTS; COMMERCIAL
VEHICLES IN RESIDENTIAL DISTRICTS.
406.1 OFF-STREET PARKING AND DRIVEWAYS. There shall be provided upon every lot in
every Residential District, and upon every lot in any other District upon which a dwelling house may
now or hereafter be permitted, off-sheet parking space for at least three vehicles, including a driveway
for the same, all of which shall be adequately paved or covered with a substantial material such as
asphalt, brick, concrete, gravel, macadam, or stone, or like material, so as to adequately withstand and
not be adversely affected by changes in temperature or weather, the extremes of heat and cold
experienced in the Township, damage from the elements such as, but not limited to, erosion, and the
wear and tear brought about by the use of such areas by motor vehicles. In any case where any part of
said parking area or driveway shall be below grade of the street giving access thereto, the design of said
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area and the adequacy of the type of material used therein and curbing along the same, shall be subject to
approval by the Township Engineer, guided by the topography, the grades of the street, the effect of the
drainage system upon said proposed area, and other principles of sound engineering practice. All off-
street parking areas and driveways required herein shall be maintained in good condition. Whenever a
garage is provided upon any such lot, the areas within such garage used for motor vehicles may be
counted toward the off-street parking spaces required under this ordinance.
406.2 COMMERCIAL VEHICLES AND TRAILERS IN RESIDENTIAL DISTRICTS.
a. Not more than one commercial vehicle having a gross weight of less than 6,500 lbs., owned or
operated by a residence of the premises, shall be permitted to be regularly garaged on a lot in any
Residential District. If there are two such vehicles, then one must be garaged and shall not be
regularly parked or stored by, on or in the vicinity of such lot, without being garaged thereon. Any
such vehicle not garaged shall be kept to the rear of the principle building and no closer than 15 feet
from any side or rear property line. The foregoing regulations apply to any motor vehicle which
bears commercial license and has any signage whether permanent or temporary (such as by magnetic
attachment,) even if such vehicle otherwise would be a passenger vehicle. No commercial vehicle
having a gross weight of 6,500 lbs. or more, whether owned or used by a resident of the premises or
not, shall be regularly parked, stored or garaged on a lot in any Residential District.
b. No trailer designed or used for hauling or transporting shall be regularly parked or stored on, by,
or in the vicinity of any lot in any Residential District.
c. No trailer or motorized vehicle designed or used for dwelling purposes, no boat trailer, no
campers, no motorized sleds, and no boats or marine equipment shall be regularly parked or stored
on a lot in any Residential District without being garaged thereon, or placed behind the front line of
the principal building on a driveway or similar surface. Such storage or parking shall be no closer to
any side or rear property line than otherwise permitted by Ordinance for the placement of an
accessory building in such residential zoning asset forth in Sections 601.3-3b, 602.3-3(a)(2),602.3-
3(b)(2), 602.3-4(a)(2), 602.3-4(b) (2), 603.3-3, 603.3-4, 603A.3-3, 603A3-4, 604.3-4, 604.3-5, 605.3
and 608.3-6.1(i) of the Zoning Ordinance for the Township of Green Brook. Where not otherwise
regulated, placement shall be no closer than the standard set forth in Section 403.5.
406.3 MAXIMUM GRADE OF DRIVEWAYS
The maximum grade and the design of the profile contour of all private driveways shall be subject to the
approval of the Township Engineer, guided by sound engineering practices. No part of the grade of any
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private driveway shall exceed at any point, the slope of 10% for gravel surface driveways, nor exceed
the slope of 14% for paved driveways. This provision shall be considered a “Design and Performance
Standard” and subject to the power of the approving authority to grant exceptions in appropriate cases,
as set forth in Section 108 of the Land Development Ordinance.
407. DANGEROUS CONDITIONS.
No permit shall be granted for a building or use if the design, construction or location of the same involves
or is likely to involve exceptional risks of traffic congestion, public safety, or hazard.
408. INCONGRUOUS BUILDINGS.
If the design or construction of any building or use is so markedly incongruous with the character of the
neighborhood as to materially affect the value of adjacent or nearby property, the Zoning Officer and/or
Construction Official shall deny the permit and refer the applicant to the Board of Adjustment which shall
act thereon after appeal and hearing in accord with the statutes of New Jersey, and subject to the standards
set forth in this ordinance and the Land Development Ordinance, guiding the exercise of discretion by the
Board of Adjustment.
409. TRAFFIC VISIBILITY ACROSS CORNER LOTS.
On any corner lot no fence, structure, or planting over thirty (30) inches in height shall be erected or
maintained within thirty (30) feet of the intersection of the road right-of-way lines so as to interfere with
traffic visibility across the corner, and no wall or fence, and no hedge, tree, shrub, or other growth shall be
maintained in such a way as to cause danger to traffic on a street by obscuring the view.
410. PRINCIPAL BUILDING, RESIDENTIAL DISTRICTS.
No lot in a residential district shall have erected upon it more than one (1) principal, one-family residential
building.
411. OPEN SPACES AROUND BUILDING.
No yard or other open space provided around any building for the purpose of complying with the provisions
of this ordinance shall be considered to provide a yard or open space for any other building.
412. INGRESS OR EGRESS THROUGH RESIDENTIAL DISTRICT TO BUSINESS OR
INDUSTRIAL PROPERTY.
No ingress to or egress from any building or industrial use shall be permitted over or across any property
located in a residential district. No business or industrial property and no property used for any business or
industrial purpose having frontage upon any street, highway, or road in a business or industrial zone district
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shall be permitted access for business or industrial purposes by means of any street, avenue, or road not
located in a business or industrial district. For the purposes of this ordinance the use of any access by
vehicles, whether such vehicles be themselves commercial or whether the same be the passenger vehicles of
employees or customers of a business or industry shall be considered itself a business or industrial use and
shall not be permitted in any residential district.
413. NATURE AND EXTENT OF USES OF LAND.
The control and regulation of the uses of buildings and structures as herein provided, shall apply equally to
the nature and extent of the use of the land.
414. OUTDOOR STORAGE OR DISPLAY.
No article, material, merchandise, goods, inventory, or part thereof, or equipment shall be kept, stored,
displayed or exhibited outside of the confines of a building unless the same is screened by fences, walls, or
planting in such manner that it is not visible from the public street or adjoining properties. All such storage
or display must be located behind the rear building line, except as may otherwise be approved by the
Approving Authority as part of a site plan application for a specific permitted or conditional use in this
Ordinance.
415. PUBLIC UTILITIES.
415.1 The provisions of this ordinance shall not apply to customary local utility distribution or collection
lines for water, gas, telephone, cable TV, or electric service. All facilities such as pumping stations,
repeater stations, and electric sub-stations which require a structure shall be subject to the provisions of
this ordinance.
415.2 In all cluster developments, or land subdivisions involving the extension of streets or the opening
of new streets, and in any other case required by law, all utilities shall be placed underground.
416. SOIL REMOVAL.
No persons, firm or corporation shall strip, excavate, or otherwise remove top soil for sale or other use other
than on the premises from which taken. The provisions of the Soil Removal Ordinance of the Township of
Green Brook shall also be complied with.
417. PRESERVATION OF NATURAL FEATURES.
To the maximum extent possible, existing natural features such as trees, brooks, drainage channels and view
shall be retained. Whenever such features interfere with the proposed use of property, a retention of the
maximum amount of such features consistent with the use of the property shall be required, and this shall be
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designated on the site plan in all cases where a site plan is required in this ordinance, or in the Land
Development Ordinance.
418. DUMPING PROHIBITED.
The dumping of refuse, waste material, junk or other substances is prohibited in all districts within the
Township. This provision shall not supersede or repeal any other ordinance or regulations prohibiting the
same.
419. YARDS AND OTHER AREAS MUST BE IN SAME ZONE AS USE.
All yards, open space, off-street parking and required landscaping in connection with any use must be
contained within the same district in which such use is permitted.
420. DEDICATION OF EASEMENTS AND RIGHT-OF-WAY TO TOWNSHIP.
No lot which conforms to the requirements of this ordinance governing minimum lot width, depth or area
shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of
the dedication to and acceptance by the Township of Green Brook, or the County of Somerset, or the State
of New Jersey, of land for a street, avenue, or road right-of-way, or sewer or drainage easement provided
that the width, depth or lot area remaining is not less than eighty percent (80%) of the requirements of this
ordinance; and provided further that this Section shall not apply where such dedication is made pursuant to
the Land Development Ordinance in connection with the subdivision of lands into four (4) or more lots or in
connection with the dedication of a new street.
421. PROHIBITED USES.
421.1 ANY USE NOT SPECIFICALLY PERMITTED IN A ZONE DISTRICT ESTABLISHED
BY THIS ORDINANCE IS HEREBY EXPRESSLY PROHIBITED FROM THAT DISTRICT
421.2 SPECIFICALLY PROHIBITED USES. Without in any way limiting or being limited by the
language in Section 421-1 hereof, the following uses and activities are specifically prohibited in all zone
districts in the Township of Green Brook.
421.2-1 All billboards, signboards, advertising signs or devices not expressly related to the business
being conducted on the premises, or otherwise specifically permitted by this ordinance.
421.2-2 Auction market or auction establishments, whether conducted in an enclosed building or
structure or not.
421.2-3 Any business or use conducted outside the confines of a building or structure, including by
way of illustration and not by way of limitation, junk yards, dismantling or storage of motor vehicles
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or machinery, the sale or rental of trucks, busses, truck trailers, trailers designed or intended for
hauling or transporting, trailers designed or intended for dwelling purposes, campers, recreational
vehicles (whether self-contained, motorized, or requiring another vehicle in order to move same from
place to place), boats, motorized sleds or carts, motorcycles, motorbikes or the like, or construction,
quarrying or tree service equipment, machinery or materials, outdoor amusements, miniature golf
courses, golf courses, golf driving ranges and similar outdoor commercial recreation facilities, drive-
in theaters, drive-in restaurants as defined in this ordinance, or any other business or use conducted
outside the confines of a building or structure. The foregoing prohibitions all apply regardless of the
manner of registration of any of the vehicles mentioned under the motor vehicle laws, and regardless
of whether any of same may also be used for regular passenger transportation.
421.2-4 The sale, rental, leasing, storage, or display of trucks, busses, truck trailers, trailers designed
or intended for hauling or transporting, trailers designed or intended for dwelling purposes, campers,
recreational vehicles (whether self-contained, motorized, or requiring another vehicle in order to
move same from place to place), boats, motorized sleds or carts, motorcycles, motor bikes or the
like, or construction, quarrying or tree service equipment, machinery or materials, except only from a
totally enclosed building or structure. The foregoing prohibitions shall apply regardless of the
manner of registration or any such vehicle under the motor vehicles laws, and regardless of whether
any of same may also be used for regular passenger transportation.
421.2-5 Outdoor storage of any kind, except as may otherwise be approved by the Approving
Authority as part of a site plan application for a specific permitted or conditional use in this
Ordinance. See Section 414.
421.2-6 Privately-operated dumps for the disposal of garbage, trash, junk, refuse, and similar
materials, whether by landfill, incineration, or otherwise.
421.2-7 Seasonal resort cottages.
421.2-8 Trailer courts or parks, trailer coaches used for dwelling, or any commercial activities
related to the outdoor storage, display, exhibition, sale, or rental of trailer coaches.
421.2-9 Cemeteries or crematoriums.
421.2-10 Outdoor vending machines, except where specifically permitted incidental to another use.
421.2-11 Any use of any building or premises in such a manner that the health, morals, safety or
welfare of the community may be endangered, or which will cause environmental pollution or be
inimical to the ecology of the area.
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421.2-12 Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor,
smoke, vibration, glare, or waste products. [See Section 6O8.5-5]
421.2-13 Multi-family dwellings or more than one dwelling unit on any single property, except in a
Planned Residential Development approved by the Planning Board in an AHD Affordable Housing
District. (Note: amendment of August 8, 1991].
421.2-14 Nothing in this ordinance shall permit or be deemed to permit any use, act or activity which
is prohibited by N.J.S.A. 2C:14-1 et seq., N.J.S.A. 2C:34-1 et seq., or any other provision of the New
Jersey Code of Criminal Justice or any other statute of the State of New Jersey or regulation
promulgated under the New Jersey Administrative Code (N.J.A.C.).
421.2-15 Except as provided for in other regulations, no unregistered or uninspected motor vehicle
shall be parked, kept or stored, unless garaged, on any premises within the Township. No vehicle
shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or
dismantled.
421.2-16 No cargo container shall be allowed in any area District, except as may be permitted with a
temporary use permit as detailed in Section 1204.4-2.
421.2-17 All classes of cannabis establishments or cannabis distributors or cannabis delivery services as
said terms are defined in N.J.S.A. 24:6I-33. Licensed cannabis delivery services situated outside the
geographic boundaries of the Township may deliver cannabis items and related supplies within the
Township as permitted by the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
422. LIMITATION ON VARIANCE OR CONDITIONAL USE.
A variance, conditional use approval or any other relief granted by the Approving Authority shall expire if
no construction permit shall have been issued for the permitted construction, alteration or conversion, as the
case may be, within one (1) year from the date of the resolution memorializing such variance; conditional
use approval or other relief granted, or shall expire if a certificate of occupancy has not been granted within
two (2) years from the date of memorialization of the resolution granting such variance, conditional use
approval or other relief; provided, however, that where a variance, conditional use approval or other relief is
granted in conjunction with a preliminary or final subdivision or a preliminary or final site plan approval for
which section 37 or section 40 of the Municipal Land Use Law (N.J.S.A. 40:55D-49 or 52) grants rights for
a period longer than one (1) year, then the variance, conditional use approval or other relief granted by the
Approving Authority shall remain in effect for a period of time concurrent with the rights granted under
N.J.S.A. 40:55D-49 or 52.
423. COMPUTATION OF DENSITY IN SLOPE AREA.
26
In computing the gross area of lands within a proposed development, the area of lot(s), shall be first reduced
by portions of land subject to certain constraints as provided in the following schedule:
27
Constraint
Percentage of Area of Constraint by which Lot Area is to be reduced
Wetlands (1)
100
(1) Verified by the NJDEP
424. CHILD CARE CENTERS.
424.1 AS PERMITTED USE IN NON-RESIDENTIAL DISTRICTS. Child care centers for which,
upon completion, a license is required from the Department of Human Services pursuant to P.L. 1963, c.
492 (N.J.S.A. 30:5B-1 et seq), shall be a permitted use in all nonresidential districts of the Township, as
provided in P.L. 1989, c. 286 (N.J.S.A. 40:55D-66.6).
424.2 AS ACCESSORY USE IN CONNECTION WITH CERTAIN CONDITIONAL USES.
A. Subject to the limitations and conditions herein set forth, day care facilities for children of
employees may be established as an accessory use to the following: conditional uses pursuant to
Sections 706 [Schools], 707 [Hospitals, Philanthropic or Eleemosynary uses], 700 [Quasi-Public
Buildings and Recreation Areas], 710 [Nursing Homes], 712 [Churches], and 713 [Hotels and
Motels].
B. The provisions of this Section shall apply only to establishments having not less than twenty (20)
employees.
C. The facility so established:
1. Shall be primarily for the child care of employees of the primary use; provided, however, that
to the extent the use thereof for other children would not exceed the space limitations set forth
herein, children who are not children of employees of the establishment may be accepted into the
program.
2. The area set aside for such facilities shah be limited to five (5)% of the total building area of
the establishment to which it is accessory.
3. The site plan shall designate all areas, interior and exterior, devoted or to be devoted to such
day care facility.
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4. If the number of children shall bring such day care facility within the terms of State
Regulations, same shall comply in all respects with all requirements of state laws and regulations,
N.J.S.A. 18A:70-1 to 9; N.J.A.C. 10:122-1.1 et seq. as the same may hereafter be amended and
supplemented.
5. Where children who are not children of employees are to be accepted into the facility,
adequate arrangements shall be made for ingress and egress for the parent or guardian of the
child to leave and pick-up the child at the beginning and end of the care time.
424.3 FAMILY DAY CARE AS HOME OCCUPATION. Pursuant to the provisions of PL. 1987; c.
305 (N.J.S.A. 40:55D-66.4 and 40:55D-66.5), a “family day care home”, as defined in said statute, shall
be deemed to be a home occupation for purposes of this Zoning Ordinance.
426. APPEARANCES AND MAINTENANCE OF EXTERIOR OF STRUCTURES
The exterior of all premises, the exterior of structures, and the condition of accessory structures shall be
maintained so that the appearance of the premises and all buildings thereon shall reflect a level of
maintenance in keeping with the standards of the neighborhood. The aforesaid shall also be maintained so
that the appearance of the premises and structures shall not constitute a blight factor for adjoining property
owners or an element leading to the progressive deterioration of the neighborhood embracing the following:
426.1 STORAGE OF COMMERCIAL AND INDUSTRIAL MATERIAL. There shall not be
stored equipment and materials relating to business, commercial or industrial uses unless permitted
under the Zoning Ordinance for the premises.
426.2 GENERAL MAINTENANCE. The exterior of every structure or accessory structure not
inherently resistant to decay, including fences, shall be maintained in good repair, and all surfaces
thereof shall be kept painted or otherwise provided with a protective coating sufficient to prevent
structural deterioration and to maintain its appearance. The same shall be maintained free from
broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions
indicative of deterioration or inadequate maintenance so that the property may be preserved, safety
and fire hazards eliminated and adjoining properties and the neighborhood protected from blight
conditions.
426.3 GRASS, WEEDS, AND UNCULTIVATED VEGETATION. Premises and exterior
property, excluding forested areas, shall be maintained free from grass, weeds, or uncultivated
vegetation in excess of 8 inches in height.
427. TOWNSHIP WIDE SET ASIDE REQUIREMENTS
Any property in the Township of Green Brook that is currently zoned for non-residential uses and
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subsequently receives a zoning change or use variance or approval of a redevelopment or rehabilitation plan
to permit multi-family residential development, or that is currently zoned for residential uses and receives a
zoning change or density variance or approval of a redevelopment or rehabilitation plan to permit multi-
family residential development, which multi-family residential development will yield five (5) or more new
dwelling units, shall provide a minimum affordable housing set-aside of twenty (20%) percent, regardless of
tenure. This provision does not affect residential development on sites that are zoned for inclusionary
residential development as part of the Township’s Housing Element and Fair Share Plan, which are subject to
the affordable housing set-aside requirements set forth in the applicable zoning. This requirement does not
give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the
part of the Township of Green Brook to grant such rezoning, variance or other relief. A property shall not be
permitted to be subdivided so as to avoid compliance with this requirement. All affordable units created
pursuant to this paragraph shall be governed by the provisions of Chapter 9 Building and Housing, Section
9-3 Affordable Housing Regulations.
428.
STEEP SLOPE DISTURBANCE
428.1 PURPOSE.
The purpose of this ordinance is to regulate the intensity of use in areas of steeply sloping terrain in order to limit
soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural
topography and drainage patterns of land.
428.2 INTENT.
It is the intent of this ordinance to provide compliance with N.J.A.C.7:15-5.25(g)6, as it exists at the time of the
adoption of this ordinance, which requires municipalities to adopt an ordinance protecting steep slopes from new
disturbances.
428.3 BACKGROUND.
Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent
sedimentation of waterbodies with the associated degradation of water quality and loss of aquatic life support.
Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding
potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become
widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.
428.4 APPLICABILITY.
This ordinance shall be applicable to new development or land disturbance on a steep slope within the Township
of Green Brook.
428.5 DEFINITIONS.
The following definitions shall apply solely to this section of the ordinance:
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“Disturbance” means the placement of impervious surface, the exposure or movement of soil or bedrock, or the
clearing, cutting, or removing of native vegetation.
“Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of
stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated
structures, and other similar structures, surfaces, or improvements.
“Native Vegetation” means any vegetation that exists naturally, without intervention by humans, in a specific
geographic area. Also, vegetation that would exist naturally in an area if not for human intervention. Plants that
are not geographically native to the area, that may have been introduced into the area, either intentionally or
accidentally, are not considered to be native.
“Redevelopment” means the construction of structures or improvements on areas which previously contained
structures or other improvements.
“Steep Slopes” means any slope equal to or greater than 15 percent as measured over any minimum run of 10 feet.
Steep slopes are determined based on contour intervals of two feet or less.
428.6 DESIGNATION OF AREAS
The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance
perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour
interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run
constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15 percent slope; a two-
foot rise over a 10-foot horizontal run constitutes a 20 percent slope.
428.7 STEEP SLOPE LIMITS
For steep slopes any disturbance shall be prohibited except as provided below:
1. Disturbance and construction associated with the installation of utilities; and
2. Redevelopment within the limits of existing impervious surfaces; and
3. Disturbances of no more than 1000 square feet in connection with an existing developed property.
428.8 DISTURBANCE LIMITS IN OTHER THAN STEEP SLOPE AREAS
1. The maximum disturbance limits in other than steep slope areas (slopes less than 15%) shall be limited by the
site development standards pertinent to the zone in which the property lies.
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ARTICLE 5
NONCONFORMING BUILDINGS, LOTS AND USES
501. CONTINUANCE.
Except as otherwise provided in this Article, the lawful use of land or buildings existing at the date of the
adoption of this ordinance may be continued even if such use of land or building does not conform to the
regulations specified by this ordinance, provided, however:
501.1 That no nonconforming lot shall be further reduced in size.
501.2 That no nonconforming building shall be enlarged, extended or increased, unless such enlargement
would tend to reduce the degree of nonconformance and except as provided in subsection 501.4 hereof.
501.3 That no nonconforming use maybe expanded.
501.4 That any single-family dwelling house lawfully in existence on the effective date of this
ordinance, but which has been rendered nonconforming by this ordinance, either by reason of area or
use, may be extended upon the same lot and may be altered, provided:
(a) that the yard requirements of the MD Residential District are met (or in the case of a single-
family residence in the HD Residential District, that the yard requirements for the HD Residential
District are met): or
(b) that previous approval has been granted for setbacks less than that required for the MD
Residential District in this ordinance [See Section 506 for Front Yard Setbacks), and
(c) that the extension or enlargement will not increase the degree of nonconformity from the previous
approvals.
Accessory buildings to such an existing single-family dwelling house may be constructed on the
same lot to the extent that such buildings are permitted in the MD Residential District. That the
limitations imposed by this ordinance shall not prohibit the extension, enlargement, alteration,
remodeling, repairing, or modernization of any dwelling, nor the construction, extension,
enlargement, alteration, remodeling, repairing or modernization of a permitted building or structure
accessory thereto in any Residential District existing at the effective date of this ordinance which
conforms to the ordinance immediately superseded hereby, but which dwelling does not strictly
conform to the requirements of this ordinance, provided, however, that such extension, enlargement,
alteration, remodeling, repairing, or modernization of such dwelling, or such construction,
enlargement, alteration, remodeling, repairing, or modernization of such permitted accessory
32
building or structure, as the case may be, does not itself create a violation of any of the provisions of
this ordinance, and provided, further, that no additional families or dwelling units are occasioned
thereby.
502. ABANDONMENT.
502.1 If the nonconforming use of any land or building is terminated for a period of time of one year or
more, such termination shall be presumed to constitute an abandonment for the purpose of this
ordinance, and the burden shall be placed upon any person asserting that such use was not abandoned,
affirmatively to prove such assertion, This provision shall not preclude the finding of an abandonment by
reason of cessation or termination of use for a period of less than one year.
502.2 If a nonconforming use of a building or land is abandoned, subsequent use of such building or land
shall be in conformity with the provisions of this ordinance.
503. RESTORATION.
A nonconforming use or structure existing at the effective date of this ordinance maybe restored or repaired
in the event of partial destruction thereof.
504. REPAIR FOR SAFETY.
Nothing in this ordinance shall prevent strengthening or restoring to a safe condition any wall, floor, or roof
which has been declared unsafe by the Construction Official or Public Officer.
505. REVERSION.
No nonconforming use shall, if once changed into a conforming use, be changed back against to a
nonconforming use.
506. NONCONFORMING LOTS INCLUDED IN CERTAIN PRIOR SUBDIVISIONS.
506.1 BUILDING ON CERTAIN PRE-EXISTING LOTS. Buildings may be erected on lots shown
upon a subdivision plan at the effective date of this ordinance, which are not of the required minimum
area or width or on which the required open spaces cannot be easily provided, if such lots are included in
a land subdivision and development plan which was either duly approved under the Municipal Planning
Act of 1953, prior to the effective date of this ordinance but subsequent to January 1, 1954, or which
plan of subdivision was granted preliminary approval under the Municipal Land Use Law (N.J.S.A.
40A:55-1 et seq.), prior to the effective date of this ordinance and granted final approval after the
effective date of this ordinance but within three years from the date of such preliminary approval.
506.2 FRONT YARD ENCROACHMENT OF SINGLE-FAMILY RESIDENCE. An existing
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single-family residence in a residential district may be extended, enlarged, altered, remodeled, repaired
or modernized, even if the addition, extension or modernization shall extend into the front yard area
required by this ordinance, provided the existing residence and the proposed addition, extension or
modernization shall meet the following criteria:
1. The residence is part of a subdivision which was either duly approved under the Municipal
Planning Act of 1953, subsequent to January 1, 1954, or under the Municipal Land Use Law
(N.J.S.A. 404:55-1, et seq.), and said residence complies with the front yard requirements in effect at
the time of said Planning Board approval.
2. That if the filed subdivision map contains a front setback line, the proposed addition, extension or
modernization does not violate such filed map setback.
3. That the addition, extension or modernization shall not encroach further into the front yard than
the residence to which it is being added.
4. That in no event shall any addition, extension or modernization be closer than twenty five (25’)
feet to the street line.
5. In the case of a corner lot (having, under the definitions of this ordinance, two front yards), an
extension, meeting the above criteria, may be permitted as to one but not both of the front yards.
507. CONSTRUCTION APPROVAL PRIOR TO ORDINANCE.
Nothing herein contained shall require any change in plans, construction or designated use of a
building for which a construction permit has been heretofore issued and the construction of which
shall have been diligently prosecuted within three (3) months of the date of such permit, and the
ground story framework of which, including the second tier of beams, has been completed within six
(6) months of the date of the permit, and which entire building shall be completed according to such
plans as filed within one (1) year from the effective date of this ordinance.
508. ALTERATIONS.
Except as otherwise herein provided, a nonconforming building may be altered but not enlarged or
extended, unless said building is changed to a building conforming or more nearly conforming to the
requirements of this ordinance.
509. UNLAWFUL USE NOT AUTHORIZED.
Nothing in this ordinance shall be interpreted as authorization for or approval of the continuance of
the use of a structure or premises in violation of zoning regulations in effect at the time of the
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effective date of this ordinance.
510. ESTABLISHMENT OF VALIDITY OF NONCONFORMING BUILDING OR USE.
The following procedure is to be followed where an owner of a building or use not in conformity
with the provisions of this ordinance seeks to establish that said building and/or use is a valid
nonconforming building or use as defined in this ordinance.
510.1 Application to the Zoning Officer. The owner or other party in interest shall apply to the
Zoning Officer for a Zoning Certificate certifying that said building and/or use is a valid
nonconforming building and/or use under the terms of this ordinance and the laws of New Jersey.
Accompanying said application, the applicant shall submit proofs by affidavit that said building and/or
use, as the case may be, was a valid lawful use under the ordinance superseded hereby, or was then a
valid nonconforming use or building by reason of having pre-existed said ordinance superseded
hereby. Copies of any documents, such as leases, surveys, contracts, and the like, certified as true
copies by persons having knowledge thereof, shall also be submitted and the proofs shall be as
detailed as possible and shall set forth, to the extent possible, the facts surrounding the date of
establishment or construction of the use or building, the exact location thereof, and the extent or
intensity of any use thereon or therein.
510.2 The Zoning Officer, if satisfied that said proofs tend to establish the existence of the valid
nonconforming building or use, shall refer such proofs to the Planning Board which shall review the
same and, if satisfied that said proofs establish such a valid nonconforming building or use, shall
direct the Zoning Officer to issue the Zoning Certificate, which shall specifically set forth any
limitations established in connection with such nonconforming building or use. The proofs shall
remain on file as permanent records of the Zoning Officer.
510.3 If the Zoning Officer, upon submission of the application and proofs to that office, does not
find that they tend to establish the validity thereof, or if, after review by the Planning Board, said
Planning Board does not so find, then the application shall be denied and the applicant shall have the
right to appeal such decision to the Board of Adjustment (N.J.S.A. 40A:55D-70b).
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ARTICLE 6
ZONE DISTRICT REGULATIONS
601. LD-3 RESIDENTIAL DISTRICT.
Development of the areas designated for the lowest density development is limited by the type of
existing road access to the area, the unavailability of utilities and municipal services, and, most
importantly, the lack of sewage disposal facilities. Experience has demonstrated that the soil and
underground strata conditions have not supported individual sewage disposal systems on smaller
lots. Residential development in these areas, as hereinafter set forth, is planned at a gross density of
one unit per three acres, (unless specified means of sewage disposal and of public water supply are
provided) with the recognition that, even at a density of one unit per three acres the ability to build
must be considered and proved by the applicant on a lot by, lot basis.
601.1 PERMITTED USES.
601.1-1 Single-family dwelling.
601.1-2 Municipal buildings, municipal facilities deemed necessary by the Township Committee
including service facilities such as fire house and rescue squad buildings, whether operated by the
municipality itself or by a non-profit organization duly organized for those purposes.
601.1-3 A home professional office for a period residing on the premises, provided that no more than
one half of the floor area of one story of the dwelling is devoted to such use.
601.1-4 Temporary buildings for uses incidental to construction work, provided such buildings are
removed upon completion or abandonment of the construction work. (See Section 204.4-1).
601.1-5 The keeping of farm animals, provided they are kept within an enclosure distant at least fifty
(50) feet from any lot line on a lot having an area of not less than three (3) acres. Such enclosure or
buildings shall not be located between the front building line of the principal building and the street
line. The regulations of this Section shall not restrict the keeping of domestic house pets. The
provisions of this Section shall not be construed to permit commercial operations such as piggeries,
mink farms, fox farms, dog kennels or pigeon lofts.
601.1-6 Farming, provided that the tract is a minimum of five (5) acres.
601.2 PERMITTED ACCESSORY USES.
601.2-1 Private garages.
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601.2-2 Signs, subject to the provisions of Article 9.
601.2-3 Fences, subject to the provisions of Article 10.
601.2-4 Other normal, incidental residential secondary structures such as private swimming pools,
tool sheds, outdoor barbecues, fireplaces, trellises, lamp posts or the like.
601.2-5 Off-street parking facilities, subject to the provisions of Article 8.
601.2-6 Other customary accessory uses and buildings which are clearly incidental to the principal
use and building.
601.2-7 Open Decks and Raised Patios. For residential lots conforming to the minimum lot areas,
open decks or raised patios (above existing grade) created by retaining structures (e.g. timber or
other material retaining walls) attached to and adjacent to the Principal Building are permitted to
extend beyond the rear yard setback line for the Principal Building, subject to the following
requirements:
1. The permitted rear yard setback of the Principal Building may only be reduced up to 40% for
open decks or raised patios.
2. The side yard setbacks to open decks or raised patios shall be the same as for the principal
building.
3. Open decks and raised patios shall not be covered (no roof) and shall be open to the sky.
Conversion of the portion of open decks and raised patios extending beyond the envelope of the
principal building to living space by installation of roofs, walls, heating, etc., is not permitted.
4. The open decks or raised patios shall be considered as part of the building coverage for the
purpose of determining the lot coverage, as permitted in the Zoning District.
5. Handrails around decks and raised patios are permitted.
6. Second story decks must comply with the setbacks for the principal building.
601.2-8 Solar Energy Systems
1. The permitted rear yard setback of the Principal Building may only be reduced up to 40% for
open decks or raised patios.
2. The side yard setbacks to open decks or raised patios shall be the same as for the principal
building.
3. Open decks and raised patios shall not be covered (no roof) and shall be open to the sky.
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Conversion of the portion of open decks and raised patios extending beyond the envelope of the
principal building to living space by installation of roofs, walls, heating, etc., is not permitted.
4. The open decks or raised patios shall be considered as part of the building coverage for the
purpose of determining the lot coverage, as permitted in the Zoning District.
5. Handrails around decks and raised patios are permitted.
6. Second story decks must comply with the setbacks for the principal building.
601.2-9 No Impact Home Based Business
601.3 AREA AND BULK REQUIREMENTS.
601.3-1 Height: No building shall exceed a maximum of 2 ½ stories or 35 feet.
601.3-2 Front Yard: There shall be a front yard of not less than fifty (50) feet; provided, however,
that the Approving Authority, in approving a flag lot, may establish a different setback consistent
with the planning of such flag lot.
601.3-3 Side Yards.
a. Principal buildings: there shall be two side yards, and no side yard shall be less than 15 feet,
provided, however, that the aggregate width of the two side yards combined must equal at least
35 feet.
b. Accessory buildings: no accessory building shall be closer than 15 feet to a side lot line.
601.3-4 Rear Yard:
a. Principal buildings: there shall be a rear yard of at least 50 feet except where cluster residential
development is permitted, the rear yard shall be at least 40 feet
b. Accessory buildings: no accessory building shall be closer than 15 feet to the rear lot line.
601.3-5 Minimum Lot Coverage: The combined area of all buildings and structures on any lot
containing three (3) acres or more, shall not cover more than live (5%) percent of the total lot area;
the combined area of all buildings and structures on any other permitted lot shall not cover more than
twenty (20%) percent of the total lot area
601.3-6 Minimum Lot Area: Each lot shall be of sufficient size in relation to the building and
accessory buildings to be constructed thereon to conform to the requirements of this ordinance,
including but not by way of limitation, front yard, rear yard, side yards, maximum lot coverage and
off-street parking and driveway requirements provided.
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a. Any residential building lot which depends upon either an on lot individual sewage disposal
system or an on lot individual water supply system, shall be not less than 121,500 square feet in
area.
b. Any property which will be serviced by both a sanitary sewer system (as hereinafter defined)
and potable water from a licensed water company providing water from other than individual on
lot wells shall be subject to the same minimum lot area regulations as set forth in the LD-1
Residential District, Section 602, that is, no lot shall be less than 40,500 square feet in area,
except as provided herein for cluster residential development, each single family residential lot in
a permitted cluster residential development shall contain at least 20,000 square feet, except as
maybe authorized pursuant to Section 602, 309.
601.3-7 Lot Width: each lot required to contain three areas in area shall be at least two hundred (200)
feet in width.. For lots qualifying under 601.3-6 (b) lot width shall meet the requirements of Section
602.3-7.
601.3-8 Flag Lots: on approved primary local or secondary local roads, lots to the rear of lots
fronting on an approved road are permitted, provided that the lot has a minimum frontage of twenty-
five (25) feet, if approved by the Approving Authority and upon a finding that the reduction in lot
frontage shall benefit the Township by reason of encouraging the development of rear acreage
without derogating from the public welfare or from the intent of this ordinance. Such twenty-five
(25) foot frontage shall be owned in fee by the owner of said lot and be part of said lot and shall not
be used in common with the owners of any other lot. The lot area requirement shall be calculated
without including the area within the staff of the flag. The minimum lot area of a flag lot (exclusive
of the area within the staff), shall meet the requirements of 601.3-6 (a) or (b), whichever be
applicable.
601.3-9 Cluster Residential Development
a. Cluster Residential Development, where permitted in the LD-3 Residential District, shall be
subject to the provisions of Section 602.1-6.
b. Variation of Lot Sizes within Cluster Development. See Section 602.3-9.
c. The Approving Authority in considering any application for cluster residential development,
shall pay particular attention, to traffic generation, road patterns and ingress and egress, and
effect upon existing streets and traffic, and the establishment of a master plan for road
development and pattern throughout the district. As a general rule, where feasible, access to a
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development shall be by more than one access road.
d. No dwelling house lot in a Cluster Residential Development in a LD-3 Residential District
shall contain less than 20,000 square feet in area.
601.3-10 Definition of Sanitary Sewer System. As used in Section 601.3-6 (b), above, the term
“sanitary sewer system” shall mean a public sanitary sewer system operated by the Township of
Green Brook, or any agency thereof, individually or jointly with another municipality or
municipalities, or sewerage authority, or a sewage disposal facility otherwise publicly or privately
operated and approved by the New Jersey Department of Environmental Protection and Energy, but
shall not include an “individual sewage disposal system” or an “on site sewage disposal” as those
terms are defined in N.J.A.C. 7:9-24.
601.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7:
601.4-1 Public Utilities.
601.4-2 Schools, but only if sanitary sewers are available.
601.4-3 Churches, but only if sanitary sewers are available.
601.4-4 Golf Courses.
601.4-5 Quasi-public buildings and recreation uses.
602. LD-1 RESIDENTIAL DISTRICT
The Master Plan of the Township has long contemplated low density residential development throughout the
northern part of the Township. The District recognizes the pattern of past development and the conservation
of land values and natural features of the areas. Sanitary sewers have been provided for portions of these
areas, and are contemplated for much of the remaining area, and the vacant lands within said areas should
only be developed when sanitary sewers are available. Even when sanitary sewers are installed, however, the
zoning should remain consistent with past development and there are few lands remaining for development
within these areas. Residential development, as hereinafter set forth, is planned at a gross density of one unit
per gross acre.
602.1 PERMITTED USES.
602.1-1 Single-family dwelling.
602.1-2 Same as Section 601.1-2.
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602.1-3 Same as Section 601.1-3.
602.1-4 Same as Section 601.1-4
602.1-5 Same as Section 601 .1:5.
602.1-6 Cluster Residential Development, subject to the following provisions:
a. The project shall embrace a total land area of not less than twenty (20) acres.
b. The Cluster Residential development project shall be connected to a public utility systems, and
shall be adequately served by a public water system, a drainage system, and public sanitary sewer
system, and by a surface water drainage system.
c. The project developer shall provide at least 25% of the total project area, or 5 acres, whichever
is greater, to be devoted exclusively to permanent recreation or open space for public use. The
common open space shall not be restricted by wetlands, easements, or contain any slopes in
excess of 15%. All such proposed open space shall be evaluated by the approving authority as to
its suitability. Prior to making a determination, the Township Committee shall indicate its
approval of the proposed public dedication. Any public dedication shall be approved in form by
the Township Attorney, and a title insurance policy, written by a title insurance company
authorized to do business in New Jersey, shall insure thereto free of all liens, encumbrances
except those restrictions and/or easements which shall be acceptable to the Township. Any title
insurance policy shall be paid for by the developer. If such lands are to be permanently restricted
by other means, such as restrictive covenants, or by conveyance to a homeowner’s association,
then such other means of permanent restriction to open space shall be subject to the approval of
the approving authority.
d. The total number of dwelling lots in the project shall be subject to the standards set forth in
Section 602.3-9. Variation of lot sizes pursuant to Subsection 602.3-9 shall be limited by the total
density requirement of this section.
e. All cluster residential developments must comply with the procedures set forth in the Land
Development Ordinance for site plan and land subdivision review, or for both, if applicable to a
particular cluster residential development.
602.2 PERMITTED ACCESSORY USES. SAME AS SECTION 601.2.
602.3 AREA AND BULK REQUIREMENTS.
602.3-1 Height: No building shall exceed a maximum of 2 ½ stories, or 35 feet
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602.3-2 Front Yard: There shall be a front yard which shall generally be not less than 50 feet, except
that the front yard may vary to recognize topographic conditions or environmental features (such as
the location of trees), or the established setback line on the street, provided that the front yard shall
not be less than 40 feet
602.3-3 Side Yards.
a. For cluster residential developments:
(1) Principal buildings: there shall be two side yards, and no side yard shall be less than 15
feet, provided, however, that the aggregate width of the two side yards combined must total at
least 35 feet.
(2) Accessory buildings: no accessory building shall be closer than 15 feet to a side lot line.
b. For all other permitted uses:
(1) Principal buildings: there shall be two side yards, and no side yard shall be less than 20
feet, provided, however, that the aggregate width of the two side yards combined must equal
at least 50 feet
(2) Accessory buildings: no accessory building shall be closer than 20 feet to a side lot line.
602.3-4 Rear Yard.
a. For cluster residential developments:
(1) Principal buildings: there shall be a rear yard of at least 40 feet
(2) Accessory buildings: no accessory building shall be closer than 15 feet to the rear lot line.
b. For all other permitted uses:
(1) Principal buildings: there shall be a rear yard of at least 50 feet.
(2) Accessory buildings: no accessory building shall be closer than 20 feet to the rear lot line.
602.3-5 Maximum Lot Coverage: the combined area of all buildings and structures on any lot shall
not cover more than twenty (20%) percent of the total lot area.
602.3-6 Minimum Lot Area: Each lot shall be of sufficient size in relation to the building and
accessory buildings to be constructed thereon to conform to the requirements of this ordinance,
including but not by way of limitation, front yard, rear yard, side yards, maximum lot coverage, and
off-street parking and driveway requirements, provided that no lot shall be less than forty thousand
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five hundred (40,500) square feet in area, except as provided herein for cluster residential
developments. Each single-family residential lot in a permitted cluster residential development shall
contain at least twenty thousand (20,000) square feet, except as hereinafter provided (See Section
602.3-9).
602.3-7 Lot Width:
a. For cluster residential developments, each lot shall be at least 100 feet in width.
b. For all other permitted uses: each lot shall be at least 150 feet in width.
602.3-8 Flag Lots.
On approved primary local or secondary local roads, one acre lots to the rear of lots fronting on an
approved road are permitted, provided that the lot has a minimum frontage of twenty-five (25) feet, if
approved by the Approving Authority, and upon a finding that the reduction in lot frontage shall
benefit the Township by reason of encouraging the development of rear acreage without derogating
from the welfare or from the intent of this ordinance. Such twenty-five (25) foot frontage shall be
owned in fee by the owner of said lot and be part of said lot and shall not be used in common with
the owners of any other lot. The area requirement shall be calculated without including the area
within the staff of the flag.
602.3-9 Variation of Lot Sizes within Cluster Development
A. As set forth in Section 602.3-6 the minimum lot area for lots in cluster residential subdivisions
shall be 20,000 square feet except as provided by Section 602.3-9 (b). However, the total number
of units in a cluster residential subdivision shall not exceed the total number of single family
residential units which would have been possible utilizing conventional zoning. To determine the
total number of units permitted, the applicant shall submit a Yield Map drawn to scale, showing
the basic layout including streets and areas for public improvements designed under conventional
single family residential criteria. The number of residential units possible under such
conventional zoning, as shown on the Yield Map, shall establish the total number of units if
developed as a cluster residential subdivision to determine the number of lots permitted by
Section 602.3-6, the applicant shall submit a concept plan lot layout wherein all lots shall have a
minimum area of 20,000 square feet and a minimum lot width of 100 feet. The number of lots
shown on the cluster plan shall not exceed the number of lots as shown on the Yield Map. A
cluster residential project shall require a tract having a minimum land area of not less than twenty
(20) acres, including roadways and open spaces.
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B. In the case of a comprehensive plan for a cluster residential subdivision, if the approving
authority makes findings of fact that there are demonstrated environmental reasons because of
existing topographical conditions, the need to preserve certain natural features, or the advisability
of increasing the area to be permanently dedicated to conservation, or to be left in a natural state
or to be dedicated to the public safety, the approving authority shall have the discretional power
to approve the varying within the cluster subdivision of particular lot areas and dimensions,
particular yards and setbacks required by this Zoning Ordinance, but not with respect to more
than one-quarter of all the residential lots proposed for the cluster residential development, and
subject also to the following limitations:
1. No more than 25% of the total number of lots shall be less than 20,000 square feet in area.
2. No lot shall have an area of less than 15,000 square feet.
3. No lot shall have a width of less than 65 feet measured at the required front setback line
4. In no case shall the number of lots exceed the exact number of lots shown on the Yield
Map as defined and specified in Section 502.3-9(a).
C. Any such relief granted pursuant to this subsection shall be granted only if, after the granting
of bulk relief of not more than one-quarter of all concerned residential lots, the mathematical
averages of lot areas and dimensions, yards and setbacks of all residential lots within the cluster
subdivision still conform to the ordinance standards that would otherwise be applicable to
residential lots within a cluster residential development upon the subject property.
d) Any such relief by way of variation within the cluster subdivision shall be granted unless the
approving authority specifically finds that in this particular case, the deviations permitted are
appropriate to the type of cluster development involved. This is a discretionary subdivision
provision pursuant to N.J.S.A. 40:55d-40 (b).
602.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7.
602.4-1 Public Utilities
602.4-2 Schools.
602.4-3 Hospitals, philanthropic and eleemosynary uses.
602.4-4 Quasi-public buildings and recreation areas.
602.4-5 Nursing homes.
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602.4-6 Churches.
602.4-7 Golf Courses.
603. MD RESIDENTIAL DISTRICT.
The areas included within this zone classification have developed with greater density than those contained
within the LD-3 and LD-1 Residential Districts, and have available, for the most part, sanitary sewers and
other utilities.
603.1 PERMITTED USES.
603.1-1 Single-family dwelling.
603.1-2 Same as 601.1-2.
603.1-3 Same as 601.1-3.
603.1-4 Same as 601.1-4.
603.2 PERMITTED ACCESSORY USES. SAME AS PERMITTED UNDER SECTION 602.2.
603.3 AREA AND BULK REQUIREMENTS.
603.3-1 Height Same as Section 601.3-1.
603.3-2 Front Yard: Same as Section 602.3-2.
603.3-3 Side Yards: There shall be two side yards, and no side yard shall be less than 10 feet;
provided, however, that the aggregate width of the two side yards combined must equal at least
twenty-five (25%) percent of the lot width at the building line. No accessory building shall be closer
than 10 feet to a side lot line.
603.3-4 Rear Yard: There shall be a rear yard of at least 50 feet. No accessory building shall be
closer to the rear lot line than 20 feet.
603.3-5 Maximum Lot Coverage: Same as Section 602.3-5.
603.2-6 Minimum Lot Area: Each lot shall be of sufficient size in relation to the building and
accessory buildings to be constructed thereon to conform to the requirements of this ordinance,
including but not by way of limitation, front yard, rear yard, side yards, maximum lot coverage, and
off-street parking and driveway requirements, provided, however, that no lot shall contain less than
fifteen thousand (15,000) square feet
603.3-7 Lot Width: each lot shall be at least 100 feet in width.
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603.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITION USE, SUBJECT TO ARTICLE 7.
603.4-1 Public Utilities.
603.4-2 Schools.
603.4-3 Hospitals, philanthropic or eleemosynary uses.
603.4-4 Quasi-public buildings and recreation areas.
603.4-5 Nursing homes.
603.4-6 Churches.
603A. MHD RESIDENTIAL DISTRICT.
The areas included within this zone classification have developed with greater density than the MD
Residential District, but not at the density of the HD Residential District, and have, or are about to have,
sanitary sewers and other utilities.
603A.1 PERMITTED USES. SAME AS SECTION 603.1.
603A.2 PERMITTED ACCESSORY USES. SAME AS SECTION 603.2.
603A.3 AREA AND BULK REQUIREMENTS.
603A.3-1 Height: Same as Section 603.3-1
603A.3-2 Front Yard: There shall be a front yard which shall generally be not less than 35 feet
603A.3-3 Side Yards: Same as Section 603.3-3
603A.3-4 Rear Yard: There shall be a rear yard of at least 30 feet.
603A.3-5 Maximum Lot Coverage: Same as Section 603.3-5
603A.3-6 Minimum Lot Area: Each lot shall be of sufficient size in relation to the building and
accessory buildings to be constructed thereon to conform to the requirements of this ordinance,
including but not by way of limitation, front yard, rear yard, side yards, maximum lot coverage, and
off-street parking and driveway requirements, provided, however, that no lot shall contain less than
twelve thousand five hundred (12,500) square feet
603A.3-7 Lot Width: Same as Section 603.3-7.
603A.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7. SAME AS SECTION 603.4.
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604. HD RESIDENTIAL DISTRICT.
This Zone District recognizes the need for lots for housing on smaller lots and recognizes that prior to the
adoption of zoning in the Township, and in the first zoning ordinance of the Township, certain lands were
developed on lots with a minimum width of 50 feet, and this District will provide for such lots as recognized
lots, rather than as nonconforming lots.
604.1 PERMITTED USES. SAME AS SECTION 603.1.
604.2 PERMITTED ACCESSORY USES. SAME AS SECTION 603.2.
604.3 AREA AND BULK REQUIREMENTS.
604.3-1 Height. Same as Section 601.3-1.
604.3-2 Permitted Accessory Uses: same as Section 602.2.
604.3-3 Front Yard: there shall be a front yard of not less than 30 feet.
604.3-4 Side Yards: there shall be two side yards, and no side yard shall be less than 10 feet; no
accessory building shall be closer than 10 feet to a side lot line.
604.3-5 Rear Yard: there shall be a rear yard of at least 35 feet no accessory building shall be closer
to the rear lot line than 15 feet.
604.3-6 Minimum Lot Area: each lot shall be of sufficient size in relation to the building and
accessory buildings to be constructed thereon to conform to the requirements of this ordinance,
including but not by way of limitation, front yard, rear yard, side yards, maximum lot coverage, and
off-street parking and driveway requirements, provided, however, that no lot shall contain less than
five thousand (5,000) square feet
604.3-7 Lot Width: each lot shall be at least 50 feet in width.
604.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITION USE, SUBJECT TO ARTICLE 7.
604.4-1 Public Utilities,
605. SPECIAL MOUNTAINSIDE DEVELOPMENT DISTRICT.
The “mountainside” portion of Green Brook, being generally that portion of the Township extending
northward between New Jersey Route 22 and the ridge of the First Watchung Mountain, is still
substantially undeveloped on its slope and represents one of the last remaining natural areas in this
region; the most northerly portions of the slope, where the grades exceed 20%, do not permit
47
development, and the development of the remainder presents special problems and concerns because of
the need to preserve natural features, and to prevent erosion and serious drainage damages on lower
lands.
605.1 PERMITTED USES.
605.1-1 Single-family dwellings.
605.1-2 Same as Section 601.1-2.
605.1-3 Same as Section 601.1-3.
605.1-4 Same as Section 601.1-4.
605.1-5 Cluster Residential Development, subject to the provisions of Section 602.1-6 & 605.2
605.1-6 Adult Communities
605.2 PERMITTED ACCESSORY USES. Same as Section 601.2, EXCEPT THAT WITH REGARD
TO OPEN DECKS AND RAISED PATIOS (Section 601.2-7 in the SMD district for non-clustered
residential lots, etc.)
For non-clustered residential lots conforming to the minimum lot areas, and clustered residential lots
conforming to the lot area requirements at the time of subdivision approval, open decks or raised patios
more than 24” above existing grade created by retaining structures (e.g. timber or other material
retaining walls) attached to and adjacent to the Principal Building are permitted to extend beyond the
rear yard setback line for Principal Building, subject to the following requirements:
1. The permitted rear yard setback of the Principal Building may only be reduced up to 40% for open
decks or raised patios.
2. The side yard setbacks to open decks and raised patios shall be the same as for the principal
building.
3. Open decks or raised patios shall not be covered (no roof) and shall be open to the sky.
Conversion of the portion of open decks or raised patios extending beyond the envelope of the principal
building to living space by installation of roofs, walls, heating, etc., is not permitted.
4. The open decks or raised patios shall be considered as part of the building coverage for the
purpose of determining the lot coverage, as permitted in the Zoning District.
5. Handrails around decks and raised patios are permitted.
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6. Second story decks are not subject to this exemption and must comply with setbacks for the
principal building.
605.3 AREA AND BULK REQUIREMENTS. Same as Section 602.3, except that with regard to flag
lots (Section 602.3-8) in the SMD District flag lots may be permitted in residential development plans
provided that each flag lot shall contain an area twice the size of the lot behind which it is located,
exclusive of the area of the staff of the flag.
605.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7.
605.4-1 Public Utilities.
605.4-2 Quasi-public buildings and recreation areas.
606. RHC REGIONAL HIGHWAY COMMERCIAL DISTRICT.
The establishment of this District recognizes the existence of certain commercial activities along New Jersey
Route 22, and provides for their continuance and the development of said District for regional commercial
markets. It is also the purpose to limit certain commercial activities to such District, all in such manner as
will also recognize the traffic concentration on said highway and provide safety measures thereon, and
adjacent thereto.
606.1 PERMITTED USES,
606.1-1 Shopping centers
606.1-2 Retail Sales
606.1-3 Retail Service
606.1-4 Personal Services
606.1-5 Business Offices including banks and fiduciary institutions
606.1-6 Restaurants
606.1-7 Restaurants, Outdoor
606.1-8 Recreation Facilities
606.1-9 Retail Food Establishments
606.1-10 Shopping Centers
606.1-11 Auto-oriented services such as car washes, car detailing, and motor vehicle service stations.
Electric vehicle charging stations, including but not limited to EV charging stations and rapid
charging stations.
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606.1-12 Hotels
606.1-13 Drive-up and/or drive-thru pick-up windows serving any form of retail or commercial
establishment such as, but not limited to, banks, pharmacies, fast food restaurants
606.1-14 Self-Storage Facilities provided they are located within an enclosed structure.
606.1-15 Temporary buildings for uses incidental to construction work, provided such buildings are
removed upon completion or abandonment of the construction work.
606.2 PERMITTED ACCESSORY USES,
606.2-1 Signs, subject to the provisions of Article 9.
606.2-2 Fences and landscaping, subject to the provisions of Article 10.
606.2-3 Off-street parking facilities, subject to the provisions of Article 8.
606.2-4 Loading and unloading ramps and structures, subject to the provisions of Article 8.
606.2-5 Private garages incidental to the business conducted.
606.2-6 Solar Energy Systems.
606.2-7 Light Manufacturing and/or Warehousing accessory to a retail store provided the retail store
is no smaller than 10% of the entire gross floor area and is open to the public during all hours of
operation of the manufacturing and/or warehousing component.
606.2-8 Motor Vehicle Sales, limited to three (3) at any given time, as accessory to a permitted
public garage with a license as a new or used car dealership issued by the New Jersey Motor Vehicle
Commission, subject to the provisions contained within the Township’s General Ordinance for
Motor Vehicle Sales Licensing.
606.3 AREA AND BULK REQUIREMENTS
606.3-1 Height no building shall exceed a maximum of 2 stories, or 35 feet.
606.3-2 Front Yard: there shall be a front yard of not less than 50 feet.
606.3-3 Side Yards: there shall be two side yards, and no side yard shall be less than 25 feet,
provided, however, that the aggregate width of the two side yards combined must total at least 60
feet at the building line. No accessory building shall be closer than 25 feet to any side lot line.
606.3-4 Rear Yard: there shall be a rear yard of not less than 50 feet. No accessory building shall be
closer than 30 feet to the rear lot line.
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606.3-5 Maximum Lot Coverage: The maximum lot coverage for all buildings and structures on any
lot shall be limited to:
1. 25% for lots less than 40,000 s.f.
2. 35% for lots 40,000 to 59,999 s.f.
3. 40% for lots 60,000 s.f. or greater
606.3-6 Minimum Lot Area. each lot shall be of sufficient size in relation to the building and
accessory buildings to be constructed there-on to conform to the requirements of this ordinance
including but not by way of limitation, front yard, rear yard, side yards, maximum lot coverage, off-
street parking and loading and unloading requirements, and ingress and egress to and from the same,
and landscaping and buffer area requirements, provided, however, that no lot shall contain less than
40,000 square feet.
606.3-7 Lot Width: each lot shall be at least 200 feet in width.
606.3-8 Maximum Impervious Coverage: The maximum impervious coverage on any lot shall be
limited to the following:
1. 80% for lots less than 40,000 s.f.
2. 70% for lots 40,000 s.f. or greater
For the purpose of calculating impervious coverage, any surface that has been covered with a
layer of material so that it is highly resistant to infiltration by water is deemed impervious.
This includes surfaces constructed of compacted stone.
606.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITION USE, SUBJECT TO ARTICLE 7.
606.4-1 Public Utilities.
606.4-2 Nursing Homes.
606.4-3 Quasi-public buildings and recreation areas.
606.4-4 Public garages and motor vehicle service stations.
606.4-5 Automobile sales establishments operated by new or used car dealers.
606.4-6 Hotels and Motels.
606.5 OTHER PROVISIONS AND REQUIREMENTS.
606.5-1 Special Design Requirements. To encourage the sound development of major highway
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frontage, the following special provisions shall apply in any location in the RI-IC District which
abuts New Jersey Route 22 and other roads designated as “primary roads” in the Township Master
Plan.
a. Access Barrier. Access to Route 22 and primary roads shall be controlled in the interest of
public safety. Each building or group of buildings used for nonresidential purposes, and its
parking or service areas, shall be physically separated from the highway or roadway by a curb,
planting strip, or other suitable barrier of not less than ten (10) feet in depth against unchanelled
motor vehicle ingress or egress except for access ways authorized herein.
b. Access ways. Each separates use, grouping of attached buildings, or groupings permitted as
part of a single integrated plan shall have not more than two (2) access ways to any one highway
or primary road. Insofar as practicable, the use of common access ways, with acceleration and
deceleration lanes servicing them, by two or more permitted highway uses shall be provided in
order to reduce the number and closeness of access points along the highway, and to encourage
the fronting of commercial structures upon a parallel street and not directly upon a public
highway.
c. Directional signs in conjunction with said access ways, and for control of traffic to and from
parking areas, shall be provided as approved by the Approving Authority in conjunction with site
plan review and approval.
607
REPEALED/RESERVED
608. AFFORDABLE HOUSING - AHD DISTRICT.
608.1 STATEMENT OF PURPOSE.
In order to provide housing opportunities for lower-income families to meet the existing and anticipated
housing needs of such persons, to maintain a socio-economic mix in the community, to provide a range
of housing types dispersed throughout the community and to satisfy the Township’s obligation to
provide a fair share of the region’s housing needs, the Township Committee has determined that the
provisions of this Section shall be added to and form part of the zoning regulations of the Township of
Green Brook.
608.2 DEFINITIONS.
Words and terms in this ordinance shall be deemed to have the meaning and definition as set forth in the
Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C 5:93-1.3, as the same may
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be amended and supplemented, and in the event of any conflict, the definitions in said Substantive Rules
shall control. [AMENDED 3-16-98]
608.2-1 Affordable Housing A dwelling unit with a sales price or rent within the means of a low or
moderate income household as defined in Subchapter 12, Controls on Affordability, of the
Substantive Rules of the Council on Affordable Housing.
608.2-2 Low Income Housing means housing affordable according to Federal Department of
Housing and Urban Development or other recognized standards for home ownership and rental costs,
and occupied or reserved for occupancy by households with a gross household income equal to 50%
or less of the median gross household income for households of the same size within the housing
region in which the housing is located.
608.2-3 Moderate Income Housing means housing affordable according to Federal Department of
Housing and Urban Development or other recognized standards for home ownership and rental costs
and occupied or reserved for occupancy by household with a gross household income equal to more
than 50% but less than 80% of the median gross household income for households of the same size
within the housing region in which the housing is located.
608.2-4 Affordable Housing Agency. The Green Brook Affordable Housing Agency as set forth in
Section 1:15-1 et seq. of The Revised Ordinances of the Township of Green Brook (1973).
608.2-5 Inclusionary development, means a residential housing development in which a substantial
percentage of the-housing units is provided for a reasonable income range of low and moderate,
income households. The term may also mean housing developments comprised completely of low
and moderate income units.
608.2-6 Density means gross density of the entire parcel, including any recreational and open space.
608.3 AFFORDABLE HOUSING DISTRICT. [AHD]
608.3-1 There is hereby created a zoning district designated as the Affordable Housing District. It
shall include and consist of the following properties:
Block 155, Lot 1 (as a single parcel).
Block 26, Lots 3.01 Block 25, Lot 9, and Block 108, Lots 15, 16, 23 & 24, (as a single parcel).
Block 95, Lot 3 and Block 101.1 Lot 1 (as a single parcel)
Block 101, Lot 3.02 (as a single parcel).
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608.3-2 Affordable Housing Projects. Properties in an Affordable Housing District may be
developed at the following gross densities up to the stated unit limits, on condition that lower income
units are provided in the percentages shown , depending upon the density at which the parcel is
developed.
Density Units per acre
Lower Income Set aside
Up to 6.00 units
at least 20%
Up to 5.20 units
at least 10%
Up to 4.00 units
at least 5%
By “at least 20 %” lower income units, it is meant that at least one unit out of every five units
shall be middle or low income affordable housing. By “at least 10%” lower income units, it is
meant that at least on unit out of every ten units shall be used for middle or low income
affordable housing. By “at least 5% lower income units it is meant that at least one unit out of
every twenty units shall be used for middle or low income affordable housing.
All the affordable housing units so constructed shall be subject to the adopted rules and
regulations of the Council on Affordable Housing N.J.A.C. 5:93-1 et seq. as now or hereafter
adopted, and subject to the affordable housing regulations as provided in this ordinance and in
the ordinance creating the Green Brook Affordable Housing Agency (Section 9-3.1 et seq. of the
Revised General Ordinances of the Township of Green Brook) as now or hereafter adopted.
Any Affordable Housing Development on a tract of fifteen (15) acres or larger shall make
provision for a least twenty-five (25%) percent of the affordable housing units to be rental units,
if the Township shall be allowed to require rental units pursuant to N.J.A.C. 5:93-5.14. In lieu
thereof an Affordable Housing Development may be excused from this requirement if the
Approving Agency makes a finding that the Green Brook Township rental unit obligations have
already been fully satisfied by other developers.
608.3-4 Permitted Uses.
608.3-4.1 Same as 601.1-2 through 601.1-4.
608.3-4.2 Multi-family dwellings and townhouses.
608.3-4.3 Two-family dwellings, including both side-by side and duplex (one over an-other)
style dwellings.
608.3-4.4 Public or private parks and playgrounds.
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608.3-4.5 Public or private recreation buildings and facilities.
608.3-4.6 On a tract containing more than 40 gross acres, a day care center and commercial of
the types set forth in Sections 607.1-1 and 607.1-2 of this Ordinance, shall be permitted. If
provided, there shall be a minimum of 4,000 square feet and a maximum of 10,000 square feet,
and no single use shall occupy more than 2,000 square feet of floor area.
608.3-5 Permitted Accessory Uses.
608.3-5.1 Garages and off-street parking facilities.
608.3-5.2 Storage and maintenance buildings.
608.3-5.3 Customary accessory structures approved as part of the site plan for the development,
including fences, walls, lampposts, trellises cable T.V. services, gazebos, clustered mailboxes,
school bus shelters, utility structures such as holding tanks and pumping stations, recycling
container structures and the like.
608.3-5.4 Signs as permitted in this ordinance.
608.3-5.5 Public utility infrastructure including water holding tank and pumping station facilities.
608.3-5.6 Solar Energy Systems
608.3-6 Area and Bulk Requirements.
Notwithstanding the use of the term “shall” in this subsection, it is intended that the following be
considered as guidelines for the developer in preparing its application, and for the Planning Board in
reviewing same, and same shall be interpreted in the light of N.J.S.A. 40:55D-39 b.
608.3-6.1 Bulk requirements.
(a) There shall be the following minimum distances between buildings in the multi-family
residential areas:
Windowless wall to windowless wall
20 feet
Window wall to windowless-wall
20 feet
Window wall to window wall front to front
40 feet
Rear to rear
40 feet
Rear to end
20 feet
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Any building face to local street curb face or edge of pavement
20 feet
Any building face to collector street curb face or edge of pavement
20 feet
Any building face to arterial street curb face or edge of pavement
50 feet
Any building face except garage face to common parking area
12 feet
Garage face to common parking area
5 feet
The Planning Board shall reduce the above distances by not more than one-third if there is an
angle of forty-five (45) degrees or more between buildings or if extensive landscaping or buffers
are placed between buildings, as shown on an approved landscape plan.
(b) Coverage: The maximum coverage by buildings in the AHD shall not exceed thirty (30%)
percent The maximum coverage by all impervious surfaces, including buildings, shall not exceed
sixty (60%) percent, except as provided by Section 608.5-6.1 (o). For the purpose of determining
impervious lot coverage, swimming pools shall be excluded, but sidewalks, (including walkways
around pools), paving, decks, patios, sheds, etc., will be included in determining impervious
coverage.
(c) Buffer areas: No building, driveway or parking area shall be located within thirty (30) feet of
any tract boundary line.
(d) Building height No building shall exceed three (3) stories in height
On side slope locations, there shall be a maximum of two stories on the uphill side and three
stories on the downhill side. No building shall exceed thirty feet (30) in height to the top of
the ridge line when measured from the finished grade along the uphill side of the building and
shall not exceed thirty-five (35) feet in height from the finished grade along the downhill side
of the building.
(e) No building or group of attached buildings shall contain more than twenty-four (24) units. In
no event shall the length of a building exceed the 210 feet permitted in Section 608.3-6.1(f).
(f) No building shall exceed a length of two hundred and ten (210) feet.
(g) Each dwelling unit shall have at least two (2) exterior exposures with at least one (1) window
in each exposure; alternatively, each dwelling unit shall be designed in conformance with the
Uniform Construction Code such that either eight (8%) percent of the floor area of all habitable
rooms shall be in windows or the maximum depth of the unit shall not exceed twenty-six (26)
feet
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(h) All units shall have access out at grade level.
(i) Accessory buildings, shall meet the property line setbacks of the principal buildings.
(j) No accessory building shall be more than one story and the maximum height of an accessory
building shall be sixteen (16) feet from average grade to mid-point of pitched roof. Recreational
buildings and facilities shall be governed by the height limitations for principal buildings.
(k) If a garage is provided, it may be built into the principal structure or be separately constructed as
hereinafter provided. Each garage space shall be at least ten (10) feet in width and twenty (20) feet
in depth. Each group of attached garages shall have a joint capacity of not more than twelve
(12) automobiles arranged in a row, and there shall be a minimum distance of ten (10) feet
between structures.
(l) Cable T.V. is to be encouraged. If not provided, exterior television antennae shall be limited to
one (1) master antenna per building.
(m) Laundry faculties, as a norm, shall be provided in each unit. Where not included in the unit. a
laundry facility room may be provided in the building.
(n) One or more completely enclosed but unroofed structures for the collection, source separation
and storage of solid waste shall be provided. The system of collecting, storing, recycling and
disposal of solid waste shall be in accordance with State and Board of Health and Township
regulations. Provision shall be made for the recycling of materials required to be recycled by the
Township. No garbage or other refuse shall be stored or collected except in approved structures.
608.3-7 Commercial Uses. Where commercial uses are permitted pursuant to Section 608.3-4.6,
above, they shall be located on the ground level of the buildings and dwelling units shall always be
incorporated in the commercial buildings on the second and/or third levels.
608.4 Development in the AHD district shall comply with Section 423 of the Zoning Ordinance.
608.5 ALTERNATE SITE PROVISION OF LOWER INCOME HOUSING.
The developer shall have the obligation to provide lower income housing units in the percentages set
forth in this Section, but may do so: (a) by developing the same on site at the percentages set forth in this
Section, or (b) by providing for construction of such units on an alternate site or sites within the
Township of Green Brook, or (c) by a combination of (a) and (b).
608.6 CONSTRUCTION IN PHASES.
Within inclusionary developments, low and moderate income housing units shall be built in accordance
with the schedule and requirements of the Council on affordable housing N.J.A.C. 5:93-5.6(d), as same
57
may exist at the time of approval of an application for development.
608.7 LOW AND MODERATE INCOME REQUIREMENTS.
608.7-1 Apportionment of Lower Income Units.
All affordable housing projects pursuant to this Section shall have one half of the affordable housing
unit requirement fulfilled as low income housing units, and the other half of the affordable housing
unit requirement fulfilled as moderate in-come housing units.
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608.7-2 Bedroom Distribution. Within an inclusionary development:
(1) At a minimum, 30 percent of all low and moderate income units shall be two bedroom units;
and
(2) At a minimum, 20 percent of all low and moderate income units shall be three bedroom units;
and
(3) No more than 20 percent of all low and moderate income units may be efficiency units.
608.7-3. Conversion of Rental Units
Units offered as rental units shall comply with the applicable provisions of Subchapter 9 of the
“Substantive Rules” (N.J.A.C. 5:93-1 et sect) of the New Jersey Administrative Code, (COAH)
608.7-4. Construction in Environmentally Sensitive Areas. Low and moderate income units shall not
be constructed on (a) inland wetlands as delineated on the US. Fish and Wildlife Service National
Wetlands Inventory, or as delineated on-site by the U.S. Army Corps of Engineers or New Jersey
Department of Environmental Protection, whichever agency has jurisdiction; (b) flood hazard areas
as defined in N.J.A.C. 7:13; and (c) site with slopes in excess of 15 percent as determined from the
U.S.G.S. Topographic Quadrangles which render a site unsuitable for low and moderate income
housing. See N.J.A.C. 5:93-4.2 (d)(2).
608.7-5 Heat Source. Pursuant to N.J.A.C. 5:93-7.4, the low and moderate income units shall utilize
the same heating source as market units within the inclusionary development.
608.8 PROCEDURE FOR APPROVAL OF AFFORDABLE HOUSING PROJECTS.
It is intended through this Section that innovative land use and mixtures of housing types be permitted
within an individual development. Flexible land use standards within the established zone density,
should allow optimum use of the site while preserving critical areas and common open space as outlined
above.
608.8-1 Application Procedure. An application for an affordable housing development shall be
considered as a planned residential development and is to be processed through the major site plan
procedure as set forth in The Land Development Ordinance of the Township of Green Brook, and
shall comply with the provisions thereof procedurally and substantively. See N.J.S.A. 40:55D-45.
See also Section 608.11.
608.9 AVAILABLE SEWER CAPACITY AND PUBLIC UTILITIES.
All applications seeking to utilize the increased density provisions of this Article shall demonstrate to the
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Planning Board the availability of sanitary sewers, public water, and all other utilities, with adequate
capacity to accommodate the needs of the entire project. The applicant shall provide to the Planning
Board all information required by Sections 702.5 and 702.6 of the Land Development Ordinance.
608.10 APPLICANTS COMPLIANCE AGREEMENT.
The applicant shall file, as a part of the application for preliminary approval of an affordable housing
project, a written agreement to comply with the affordable housing regulations prescribed in this
ordinance, and to comply with the implementing rules and regulations of the Green Brook Affordable
Housing Agency. Such instrument shall be in recordable form and shall be subject to approval by the
Township Attorney.
608.11 ADDITIONAL DATA REQUIRED.
On any application for preliminary approval of an affordable housing project, the following additional
information shall be submitted to the Planning Board as a part of the application.
608.11-1 Data on or accompanying the preliminary plat showing which dwellings are to be low
income units and which will be moderate income units; location, floor area and layout of the lower
income units and of all other units.
608.11-2 If a development is to be constructed in phases, a staging plan selling forth the exact units
to be included in each phase and specifying the number, location, number of bedrooms, and whether
the units will be owner or renter occupied for the low and moderate income units.
608.11-3 An application involving an inclusionary development in the Affordable Housing District
[AHD] which is required to provide rental units, [See Section 608.3-2] shall set forth necessary
details to show the location and method of providing such rental housing units to be included in the
development [See N.J.A.C. 5:93-5:14]
608.11-4 A form of the proposed covenants and restrictions, including provisions to assure that any
lower income units will be sold or rented in accordance with the requirements of this ordinance, and
imposing covenants and restrictions running with the land to assure that subsequent sales and rentals
of lower income units will also be subject to the requirements of this ordinance.
608.11-5 Such other information as may be determined by the Planning Board to be necessary to
assure compliance with the terms and purposes of this Section.
608.12 OFF STREET PARKING.
608.12-1 For residential units off-street parking shall be provided as follows:
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Efficiency or One-bedroom unit - 1.75 spaces per unit.
Two-bedroom unit - 2.0 spaces per unit.
Three-bedroom unit or larger - 2.0 spaces per unit.
For each space that is assigned to a specific unit (garage or numbered parking spaces) and for each
space that might block another (the driveway leading to the garage), an additional 0.25 space shall be
provided in the form of small parking lots dispersed throughout the project for guest and overflow
parking.
If an entire housing project is designed for persons age 62 and over, the parking ratio may be reduced
to 1.0 space per unit
608.12-2 The Parking space requirements for commercial uses shall be as defined in Section 801.2-
10. Parking areas for the commercial uses shall be exempt from the provisions of Sections 801.2-5,
801.2-6, 801-2.7B, 801.2-9 and 1001.1.
608.13 EXPEDITED HEARINGS OF AFFORDABLE HOUSING APPLICATIONS.
The Planning Board shall give priority to affordable housing applications made under this section.
608.14 PLANNING BOARD WAIVERS AND VARIANCES.
608.14-1 When hearing applications for affordable housing projects the Planning Board shall have
jurisdiction, in appropriate cases, and for good causes shown, to grant waivers and variances from
the strict requirements of the zoning ordinance and land development ordinance that would otherwise
apply.
608.14-2 The Planning Board shall not have jurisdiction to approve affordable housing projects in a
district restricted against such affordable housing projects, nor to permit an increase in the permitted
floor area ratio, nor to permit an increase in the permitted density of dwelling units per gross area of
land to be developed.
608.14-3 It is intended that developer provide for the preservation of open space for active and
passive recreational facilities, of wetlands for ecological and safety purposes, and of steep slopes and
areas of erodible soils, to prevent siltation and erosion and for the creation of green ways serving as
neighborhood dividers and visual breaks and of tot-lots and playground and recreational facilities to
serve the residents. Open space locations shall be convenient to the population they serve, as well as
in locations assisting in the improved design of the development.
608.15 REDUCTION OF DEVELOPMENT FEES.
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Affordable housing applications made under this article shall be entitled to the elimination of fees for
that portion of the subdivision fees, site plan review fees, Environmental Impact Statement Fees, Storm
Water Control fees in accordance with Article 11 of The Land Development Ordinance, and
Construction Permit fees, related to any lower income units included in the project. All other units in the
project will be subject to the normal fee schedule. The usual completion guaranty requirements and
Maintenance Guaranty requirements will remain in effect with respect to all units.
608.16 REVOCATION AND WITHHOLDING OF OCCUPANCY PERMITS.
In the event an applicant does not construct and lease or sell the lower income units in accordance with
an approved plan for an Affordable Housing Project, the Construction Official, in addition to other
penalties and enforcement powers granted by law, shall have the authority to revoke the development
permit or development Certificates of Occupancy, and withhold the issuance of subsequent certificates
of occupancy on all units in the project until the development is brought into compliance with the plan
that was approved by the Approving Authority.
609. I INDUSTRIAL DISTRICT.
In recognition of the existence of limited industrial uses in the Township, and in recognition of the need for
some additional flexibility in uses, and diversity in the tax base, two I Industrial Districts have been
recognized and established to accommodate planned corporate offices, light production assembly, and light
manufacturing uses.
609.1 PERMITTED USES.
609.1-1 Plants and facilities engaged in light manufacturing, fabricating, compounding, assembling,
storing, warehousing, handling, or other processing of commodities, materials or equipment.
609.1-2 Research laboratories and product development facilities.
609.1-3 Executive and administrative offices, including central or headquarters type buildings
occupied by single companies or affiliated members of a corporate entity, which do not include
separate offices for rent or lease.
609.1-4 Employee education and training facilities operated by a corporation or firm for use by its
employees or employees of other corporations or firms.
609.1-5 Same as Section 601.1-4.
609.2 PERMITTED ACCESSORY USES.
609.2-1 Signs, subject to the provisions of Article 9.
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609.2-2 Fences and landscaping, subject to the provisions of Article 10.
609.2-3 Off-street parking facilities, subject to the provisions of Article 8.
609.2-4 Loading and unloading ramps and structures, subject to the provisions of Article 8.
609.2-5 Private garage and storage buildings which are necessary to store any vehicles, equipment or
materials on the premises.
609.2-6 Solar Energy Systems
609.3 AREA AND BULK REQUIREMENTS.
609.3-1 Height: same as Section 606.3-1.
609.3-2 Front Yard: there shall be a front yard of not less than 100 feet from New Jersey Route 22,
for all properties fronting on said Route 22; all other front yards shall be not less than 50 feet.
609.3-3 Side Yards: there shall be two (2) side yards, and no side yard shall be less than 25 feet,
provided, however, that the aggregate width of the two side yards combined must total at least 35%
of the lot width at the building line. No accessory building shall be closer than 50 feet to any side lot
line.
609.3-4 Rear Yard: there shall be a rear yard of not less than 50 feet. No accessory building shall be
closer than 50 feet to the rear lot line.
609.3-5 Maximum Lot Coverage: the combined area of all buildings and structures on any lot shall
not cover more than 40% of the total lot area.
609.3-6 Minimum Lot Area: no lot shall be less than one (1) acre; and, further, no parcel in the I
Industrial District containing five (5) acres or less shall hereafter be subdivided, and no parcel in any
such zone containing more than five. (5) acres shall hereafter be subdivided in such manner that any
lot resulting there from contains less than three (3) acres.
609.3-7 Lot Width: each lot shall be at least 300 feet in width..
609.3-8 Maximum percent lot coverage by building(s) and pavement shall be limited to 80% of the
lot area and no less than 20% of the total area shall be landscaped.
609.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7.
609.4-1 Public Utilities.
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609.5 OTHER PROVISIONS AND REQUIREMENTS.
609.5-1 All industrial uses shall conform to the performance standards set forth in Section 605.5-4 of
this ordinance.
609.5-2 Residential uses of any type and retail business establishments are categorically prohibited
uses in this District. Also prohibited is any use which by its nature would tend to create or in any
way result in a detrimental effect upon the surrounding area and the general community.
609.5-3 Industrial uses located in this zone shall set aside not less than twenty percent (20%) of the
tract for lawns and landscaping and shall use said area for no other purpose.
609.5-4 Parking areas may be permitted in the front yard, but not closer than 25 feet to the street nor
nearer than 10 feet to any building or any property line; parking areas may be permitted in side yards
up to 75 percent of the total area of each side yard, but not closer than 10 feet to any property line or
building; parking areas may be permitted in the rear yard but not closer than 10 feet to any property
line or building.
610. MP MOUNTAIN PRESERVATION DISTRICT.
The Township of Green Brook includes a portion of the Watchung Ridge, parts of which contains slopes
exceeding twenty percent (20%) grade. Such area, designated in this ordinance as the MP Mountain
Preservation District, has physical conditions which preclude development, and the stripping of such
woodlands, and development thereof would constitute dangers and hazards to life and public and private
property and facilities, and the great increase in flooding of low-lying areas. Accordingly, if such area is to
be developed at all, or changed in any manner from its existing natural wooded state, such development or
changes must be strictly limited and carefully planned so as not to aggravate the serious water problems now
coming from said area, and so as not to destroy the purposes served by such areas in maintaining the
environment and preventing erosion, flooding, and other hazards.
610.1 PERMITTED USES.
There shall be no permitted use as of right except as open space preserved in natural wooded condition,
except as may be permitted as a Conditional Use by the Planning Board, subject to Article 7, and only as
to those listed in Section 610.4.
610.2 PERMITTED ACCESSORY USES. SEE SECTION 610.4.
610.3 AREA AND BULK REQUIREMENTS. SEE SECTION 610.4.
610.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
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CONDITIONAL USE, SUBJECT TO ARTICLE 7.
610.4-1 Public Utilities: provided, however, that this shall not include telephone dial equipment
centers or power substations, or any public utility use requiring a substantial building, or any
building or structure impairing the purposes of this District; and provided, further, that any cutting
or-removal of trees or other growth shall be strictly supervised by the Township, and same shall be
subject to all other ordinances of this Township relating to cutting of trees, or the like, and the
excavation, removal, or stockpiling of soil, dirt, and other materials, and to the Soil Erosion and
Sediment Control provisions of the Land Development Ordinance, and review and approval by the
Somerset-Union Soil Conservation District.
610.4-2 Public and quasi-public recreation areas (See Section 709), provided, however, that any
buildings or structures are clearly incidental to the main use of the lands as wooded, naturally
preserved lands, and that no building or structure impairing the purposes of this District shall be
permitted, and provided, further, that any cutting or removal of trees or other growth shall be strictly
supervised by the Township, and same shall be subject to all other ordinances of this Township
relating to cutting of trees, or the like, and the excavation, removal or stockpiling of soil, dirt, and
other materials, and to the Soil Erosion and Sediment Control provisions of the Land Development
Ordinance, and review and approval by the Somerset-Union Soil Conservation District.
610.4-3 Storm water detention and storm water management facilities, including swales, berms,
retention basins, weirs and outfalls, provided, however, that such structures are incidental to the use
of lands outside the Mountain Preservation District, and that no buildings shall be placed in the
Mountain Preservation District. Any cutting or removal of trees or other growth shall be strictly
supervised by the Township, and the same shall be subject to all other ordinances of this Township
relating to cutting of frees, excavation, removal, or stockpiling of soil, dirt, and other materials, as to
the Soil Erosion and Sediment Control provisions of the Land Development Ordinance, and review
and approval by the Somerset-Union Soil Conservation District.
610.5 OTHER PROVISIONS AND REQUIREMENTS.
610.5-1 Where property in this MP Mountain Preservation District is contiguous to other property
located in another zone district, and in the same ownership, the property in this District may be
computed and used by said owner in determining gross density for residential units to be constructed
in such other zone district adjacent thereto, and such area and bulk requirements as rear yard,
minimum lot area, and dedication as open space, and as providing landscaping or buffer from any
residential property which may adjoin; however, no part of such property located in the MP
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Mountain Preservation District shall be developed, cleared or used for buildings or structures,
parking, loading or unloading areas, or driveways, or for any other purpose, notwithstanding that this
ordinance may otherwise permit such uses in rear yards or the like.
610.5-2 Determination of MP Mountain Preservation District boundaries: See Section 204.4.
610.5-3 No subdivision shall be granted for a parcel in the MP Mountain Preservation District less
than three (3) acres in area.
610.5-4 (Section use undetermined)
610.5-5 No Cutting or Removal of Trees. Notwithstanding the provisions of the Tree Ordinance,
[General Ordinances Section 16-1] which otherwise may permit the cuffing of a limited number of
trees on private property in a given calendar year, there shall be no cutting, pruning, topping or
removal of any tree on any property in the MP (Mountain Preservation District) unless (a) the same
is done as part of an approved Conditional Use -see Section 610.4, (b) is specifically authorized by
the approving authority in connection with a development application or (c) is authorized by the
Township Engineer an emergency where the tree, or part thereof, imperils the public safety and
welfare. Any violation of this section shall not only subject the persons responsible for removing
trees to the penalties of this ordinance, but the owner(s) of the property may be required to replace
any tree removed with a replacement planting of any type designated by the Township Engineer.
611. PR PUBLIC AND RECREATION DISTRICT.
The lands within this District consist exclusively of lands in public ownership whether federal, state, county
or local, which have been set aside for parks and playgrounds, open space, school sites, municipal buildings
and facilities, or like uses. The purpose of this District is to recognize such uses and dedications, and to
provide for the continuation of the same in perpetuity.
611.1 PERMITTED USES.
611.1-1 The use of lands for public parks, playgrounds, athletic fields, and similar public
recreational purposes, with construction of such buildings and structures as may be necessary or
incidental to such uses of said lands.
611.1-2 Open spaces or the preservation of lands in natural state or condition.
611.2 PERMITTED ACCESSORY USES.
611.2-1 Fences and landscaping, subject to the provisions of Article 10.
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611.2-2 Off-street parking facilities, subject to the provisions of Article 8.
611.3 AREA AND BULK REQUIREMENTS.
Where any property in a PR Public and Recreation District is proposed to be put to any use, as contrasted
with being kept as open space or preserved in natural state or condition, insofar as such property may be
subject to the jurisdiction of this ordinance, the same shall be subject to such area and bulk requirements
as set forth in the applicable section of Article 7.
611.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7.
611.4-1 Public Utilities.
611.4-2 Although the uses of land set forth under Section 611.1-1 herein are designated as permitted
uses, to the extent that any property in this District may be subject to the jurisdiction of this
ordinance, the procedures set forth under Article 7, and particularly Section 709 thereof, shall be
followed with regard to the use of any such lands.
611.4-3 Schools. See Section 706.
611.4-4 Uses Permitted Upon Application to the Planning Board as Conditional Use
611.4-4 Wireless Communication Facilities (See Section 717).
612. CA CONSERVATION AREA DISTRICT.
The Township of Green Brook has low and level areas along the Green Brook and its tributaries, subject to
frequent and recurring flooding, and the improper use of which constitutes serious threats and hazards to the
public safety and welfare, and damages and endangers life and public and private property and facilities. The
floodway area has been delineated as such by the New Jersey Department of Environmental Protection and
Energy, and, to qualify for Federal Flood Insurance programs, the Township has been required to adopt
regulations pertaining to such flood areas, as set forth in the “Flood Hazard Zone” ordinance, incorporated in
the Revised Ordinances of the Township of Green Brook (1973)” as Section 11:7-1 et seq.
For the manner of determining the boundaries of this District see Section 204.5.
612.1 PERMITTED USES.
612.1-1 There shall be no use of lands except as open space or preservation in natural state or
condition, except as may be permitted as a Conditional Use by the Planning Board, subject to the
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standards set forth in Chapter 7 of Article 11 of the Revised Ordinances of the Township of Green
Brook (1973), as amended and supplemented (11:7-1 et seq., Flood Hazard Zones), and as may be
promulgated by the Department of Environmental Protection and Energy for use and construction in
the floodway.
612.1-2 Buildings, structures and uses existing on the effective date of “The Zoning Ordinance of the
Township of Green Brook (1979)” (the ordinance superseded hereby), and which were placed in this
Zone District by said ordinance, may continue as nonconforming uses (See Article 5) and, in addition
shall be entitled to construction permits for repairs and alterations and improvements which do not
involve any additional land utilization, in accordance with the requirements of the zone district
immediately to the north of such building, structure or use.
612.2 PERMITTED ACCESSORY USES. SEE SECTION 612.4.
612.3 AREA AND BULK REQUIREMENTS. SEE SECTION 612.4.
612.4 USES PERMITTED UPON APPLICATION TO THE PLANNING BOARD AS
CONDITIONAL USE, SUBJECT TO ARTICLE 7.
612.4-1 Public Utilities, provided, however, that this shall not include telephone dial equipment
centers or power substations, or any public utility use requiring a substantial building or any building
structure impairing the purposes of this District.
612.4-2 Public and quasi-public recreation areas (See Section 709), provided, however, that any
buildings or structures are clearly incidental to the main use of the lands as open lands, and that no
building or structure impairing the purposes of this District shall be permitted.
612.4-3 Fencing and landscaping, in connection with any use which may be permitted pursuant to
this Section, subject also to the provisions of Article 10.
612.4-4 Off-street parking facilities in connection with any use that may be permitted pursuant to this
Section or as may be allowed as accessory to the use of adjacent premises, not within this District,
for schools, athletic facilities, churches, hospitals, or nursing homes, subject also to the provisions of
Article 8.
612.4-5 Wireless Communications Facilities (See Section 717)
612.5 OTHER PROVISIONS AND REQUIREMENTS.
612.5-1 This Section 612 shall be read in conjunction with the ordinance recited in Section 612.1-1,
above, and shall be interpreted with the standards and purposes therein set forth.
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612.5-2 Nothing in this ordinance shall be deemed to permit any use of lands or buildings or
structures in any area not permitted by the Division of Water Policy, New Jersey Department of
Environmental Protection and Energy; or any other agency which may be given authority over such
matters, pursuant to N.J.S.A. 58:16A-50, et seq., as the same maybe amended and supplemented from
time to time; nor shall the granting of any approval by any such Division require the granting of any
approval under this, ordinance.
612.5-3 This ordinance shall be interpreted so as not to impair the eligibility of the Township of
Green Brook for federal flood insurance.
612.5-4 No net fill shall be permitted upon any lot or portion of a lot located in the CA
CONSERVATION AREA DISTRICT except and unless specifically authorized by the New Jersey
Department of Environmental Protection.
613
PLANNED RESIDENTIAL NEIGHBORHOOD
613.1 STATEMENT OF PURPOSE
In recognition of the existence of a single family residential development constructed as part of a
multi-parcel inclusionary development, the PRN zoning district has been established to
accommodate the single-family residential nature of the district and to permit associated activities.
613.2 PERMITTED USES
613.2-1
Single-family dwellings
613.2-2
Municipal facilities deemed necessary by the Township Committee.
613.3 PERMITTED ACCESSORY USES
613.3-1
Private Garages
613.3-2
Signs, subject to the provisions of Article 9
613.3-3
Fences, subject to the provisions of Article 10
613.3-4
Retaining walls with a maximum height of 4’
613.3-5
Other normal, incidental residential secondary structures such as private
swimming pools, tool sheds, outdoor barbecues, fireplaces, trellises, lamp
posts, or the like.
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613.3-6
Off-street parking facilities, subject to the provisions of Article 8
613.3-7
Open decks and raised patios
613.4 AREA AND BULK REQUIREMENTS- PRINCIPAL STRUCTURES
613.5
614. AFFORDABLE HOUSING DISTRICT -AHD 2 DISTRICT.
614.1 STATEMENT OF PURPOSE.
In order to provide housing opportunities for low, very low and moderate-income families to meet the
existing and anticipated housing needs of such persons, to maintain a socio-economic mix in the community,
to provide a range of housing types dispersed throughout the community and to satisfy the Township's
obligation to provide a fair share of the region's housing needs, the Township Committee has determined
613.4-1
Height: No building shall exceed a maximum of 2 ½ stories, or 35 feet
613.4-2
Front Yard: There shall be a minimum front yard of 20’
613.4-3
Rear Yard: There shall be a minimum rear yard of 30’
613.4-4
Side Yard: There shall be a minimum side yard of 6’ on one side; 10’ on the
other side. For properties with only one side yard, the minimum side yard shall
be 10’.
613.4-5
Lot Area: No lot shall be less than 20,000 s.f.
613.4-6
Lot Width: There shall be a minimum lot width of 66’
613.4-7
Impervious Coverage: There shall be a maximum impervious coverage of 45%
of the lot area, or 4,000 s.f.; whichever is more restrictive.
AREA AND BULK REQUIREMENTS- ACCESSORY STRUCTURES
613.5-1
The number of accessory structures permitted on any lot in the PRN district is
one (1).
613.5-2
Accessory Structures shall meet the bulk requirements for principal structures
provided that no accessory structure may be located within 10’ of the principal
structure.
613.5-3
Accessory structures may not be located within the front yard.
613.5-4
Accessory structures may not be located on any slope in excess of 15%.
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that the provisions of this Section shall be added to and form part of the zoning regulations of the Township
of Green Brook.
614.2 DEFINITIONS.
Words and terms in this ordinance shall be deemed to have the meaning and definition as set forth in the
Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C 5:97, as the same may be
amended and supplemented, and in the event of any conflict, the definitions in said Substantive Rules shall
control.
614.2-1 Affordable Housing - A dwelling unit with a sales price or rent within the means of a low or
moderate income household as defined N.J.A.C. 5:97-9 of the Substantive Rules of the Council on
Affordable Housing.
614.2-2 Low Income Housing means housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for rental costs, and occupied or reserved for
occupancy by households with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing region in which the housing is
located.
614.2-3 Moderate Income Housing means housing affordable according to Federal Department of
Housing and Urban Development or other recognized standards for rental costs and occupied or
reserved for occupancy by households with a gross household income equal to more than 50% but less
than 80% of the median gross household income for households of the same size within the housing
region in which the housing is located.
614.2-4 “Very low income housing” means housing affordable according to Federal Department of
Housing and Urban Development or other recognized standards for rental costs and occupied or
reserved for occupancy by households with a gross household income equal to 30% percent or less of
the median gross household income for households of the same size within the housing region in
which the housing is located.
614.2-5 Inclusionary development means a development containing both affordable units and market
rate units. The term includes but is not necessarily limited to: new construction, the conversion of a
non-residential structure to residential and the creation of new affordable units through the
reconstruction of a vacant residential structure.
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614.2-6 Density means net density of the entire parcel excluding wetlands in accordance with the
requirements of Section 423 of the zoning ordinance.
614.3 AFFORDABLE HOUSING DISTRICT 2. [AHD 2]
614.3-1 There is hereby created a zoning district designated as the Affordable Housing District 2. It
shall include and consist of the following properties:
SAGE
Block 158, Lots 11, 12, 29, and 30 and 31 (as a single parcel).
614.3-2 Affordable Housing Projects. Properties in an Affordable Housing District 2 may be
developed at the following gross densities up to the stated unit limits, on condition that affordable
housing income units are provided in the percentages shown, depending upon the density at which the
parcel is developed.
Lower Income Set aside
Density Units per acre
Low and Moderate Income Set aside
Up to 11.5 units
at least 25%
By "at least 25 %” lower and moderate income units, it is meant that at least 1 unit out of every 4
units shall be moderate or low income rental housing. Thirteen percent of the low and moderate
income units shall be affordable to households at 30 percent of median income.
All the affordable housing units so constructed shall be rental units and shall be subject to the adopted
rules and regulations of the Council on Affordable Housing N. J.AC. 5:97 et seq. as now or hereafter
adopted, and subject to the affordable housing regulations as provided in this ordinance.
614.3-4 Permitted Uses.
614.3-4.1 Same as 601.1-2 through 601.1-4.
614.3-4.2 Multi-family dwellings and townhouses.
614.3-4.3 Two-family dwellings, including both side-by side and duplex (one over an-other) style
dwellings.
614.3-4.4 Public or private parks and playgrounds.
614.3-4.5 Public or private recreation buildings and facilities.
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614.3-5 Permitted Accessory Uses.
614.3-5.1 Garages and off-street parking facilities.
614.3-5.2 Storage and maintenance buildings.
614.3-5.3 Customary accessory structures approved as part of the site plan for the development,
including fences, walls, lampposts, trellises, cable T.V. services, gazebos, clustered mailboxes,
school bus shelters, utility structures such as holding tanks and pumping stations, recycling
container structures and the like.
614.3-5.4 Signs: Non-illuminated Development name sign (2), not exceeding 30 s.f. each side.
614.3-5.5 Public utility infrastructure including water holding tank and pumping station facilities.
614.3-6 Area and Bulk Requirements.
614.3-6.1 Bulk requirements.
(a) There shall be the following minimum distances between principal buildings in the multi-family
residential areas:
Windowless wall to windowless wall
20 feet
Window wall to windowless-wall
20 feet
Window wall to window wall front to front
35 feet
Rear to rear
40 feet
Rear to end
20 feet
Any building face to local street curb face or edge of pavement
20 feet
Any building face to collector street curb. face or edge of pavement 50 feet
Any building face to arterial street curb face or edge of pavement
20 feet
Any building face except garage face to common parking area
20 feet
Garage face to common parking area
15 feet
(b) Coverage: The maximum coverage by buildings in the AHD 2 shall not exceed thirty (30%)
percent of the net acreage area. The maximum coverage by all impervious surfaces, including
buildings, shall not exceed sixty (60%) percent of the net acreage, except as provided by Section
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614.5-6.1 (o). For the purpose of determining impervious lot coverage, swimming pools shall be
excluded, but sidewalks, (including walkways around pools), paving, decks, patios, sheds, etc., will
be included in determining impervious coverage.
(c) Buffer areas: No building, driveway or parking areas shall be located within thirty (30) feet of
any tract boundary line.
(d) Building height: No building shall exceed three (3) stories in height
On side slope locations, there shall be a maximum of two stories on the uphill side and three stories
on the downhill side. No building shall exceed thirty-five feet (35) in height to the top of the ridge
line when measured from the finished grade along the uphill side of the building and shall not exceed
forty (40) feet in height from the finished grade along the downhill side of the building.
(e) No building or group of attached buildings shall contain more than twenty-four (24) units.
(f) No building shall exceed a length of two hundred and ten (210) feet.
(g) Each dwelling unit shall have exterior exposures with at least one (1) window in each exposure or
two (2) exterior exposures, or at least two (2) windows for one (1) exterior exposure; alternatively,
each dwelling unit shall be designed in conformance with the Uniform Construction Code such that
either eight (8%) percent of the floor area of all habitable rooms shall be in windows or the
maximum depth of the unit shall not exceed twenty-six (26) feet.
(h) All units shall have separate/individual access out to grade level.
(i) Accessory buildings, shall meet the same bulk requirements as the principal buildings.
(j) No accessory building shall be more than one story and the maximum height of an accessory
building shall be sixteen (16) feet from average grade to mid-point of pitched roof. Recreational
buildings and facilities shall be governed by the height limitations for principal buildings.
(k) If a garage is provided, it may be built into the principal structure or be separately constructed as
hereinafter provided. Each garage space shall be at least ten (10) feet in width and twenty (20) feet in
depth. Each group of attached garages shall have a joint capacity of not more than twelve (12)
automobiles arranged in a row, and there shall be a minimum distance of ten (10) feet between
structures.
(l) Cable T.V. is to be encouraged. If not provided, exterior television antennae/satellite dish shall be
limited to one (1) master antenna/satellite dish per building.
(m) Laundry facilities, as a norm, shall be provided in each unit. Where not included in the unit a
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laundry facility room may be provided in the building.
(n) One or more completely enclosed but unroofed structures for the collection, source separation
and storage of solid waste shall be provided. The system of collecting, storing, recycling and disposal
of solid waste shall be in accordance with State and Board of Health and Township regulations.
Provision shall be made for the recycling of materials required to be recycled by the Township. No
garbage or other refuse shall be stored or collected except in approved structures.
614.4 RESERVED
614.5 SITE PROVISION OF AFFORDABLE HOUSING.
The developer shall have the obligation to provide affordable housing units on-site in the percentages set
forth in this Section. Affordable housing units shall comply with the Uniform Housing Affordability
Controls and all other applicable laws, rules and regulations, including applicable Council on Affordable
Housing regulations and the Fair Housing Act. The affordable units shall have a minimum thirty (30) year
deed restriction and shall be affirmatively marketed as required by the aforementioned regulations. The
developer shall be responsible for all costs associated with initial rental of the affordable units and for the
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continuing administration of the affordable units and the preservation of the creditworthiness of the units.
614.5-1 Payments-In-Lieu
Payments in lieu may be made for fractional affordable units required by zoning. The amount of
payments in lieu of constructing affordable units on-site shall be established by Ordinance and based
on the cost of constructing new residential units pursuant to NJAC 5:97. Payments in lieu shall be
deposited into the Green Brook Township Affordable Housing Trust Fund pursuant to NJAC 5:97-8.3.
614.6 MARKETING AND ADMINISTRATION
The affordable dwelling units shall comply with the marketing and administration requirements of N.J.A.C.
5:97-9 and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26, et seq., as same may exist at the
time of approval of an application for development.
614.7 AFFORDABLE HOUSING REQUIREMENTS.
614.7-1 Apportionment of Affordable Units.
All inclusionary housing projects pursuant to this Section shall have a minimum 50% of the affordable
housing unit requirement fulfilled as low income housing units. At least 13% of the low and moderate
rental units must be affordable to very low income households.
614.7-2 Inclusionary developments are to be built in accordance with the following schedule:
Percentage of Market-rate Units Completed
Minimum Percentage of Low-and Moderate-Income
Units Completed
25
0
25+1
10
50
50
75
75
90
100
614.7-3 Construction in Environmentally Sensitive Areas. Affordable units shall not be constructed on
(a) wetlands as delineated with an approved LOI (Letter of Interpretation) issued by the New Jersey
Department of Environmental Protection; (b) flood hazard areas as defined in N.J.A.C. 7:13; and (c)
slopes in excess of 15 percent.
614.7-4 Heat Source & Community Amenities: Pursuant to N.J.A.C. 5:97-6.4(g), the affordable units
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shall utilize the same heating source as market units within the inclusionary development and have
access to all community amenities available to market rate units and subsidized in whole by
association fees.
614.7-5 Integration of Units: Pursuant to N.J.A.C. 5:97-6.4(f), to the maximum extent feasible, the
affordable units shall be fully integrated into development with the market units except affordable
housing rental units may be provided separate from market rate for-sale units. If the inclusionary
development is all rental units, the low and moderate income units shall be interspersed.
614.7-6 Accessibility and Adaptability: Pursuant to N.J.A.C. 5:97-6.4(h), the first floor of all
townhouse dwelling units and all other multistory dwelling units shall comply with N.J.A.C. 5:97-3-
14.
614.7-7 The affordable units shall comply with N.J.A.C. 5:97-9.
614.8 PROCEDURE FOR APPROVAL OF INCLUSIONARY HOUSING PROJECTS.
It is intended through this Section that innovative land use and mixtures of housing types be permitted
within an individual development. Flexible land use standards within the established zone density, should
allow optimum use of the site while preserving critical areas and common open space as outlined above.
614.8-1 Application Procedure. An application for an inclusionary housing development shall be
considered as a planned residential development and is to be processed through the major site plan
procedure as set forth in The Land Development Ordinance of the Township of Green Brook, and shall
comply with the provisions thereof procedurally and substantively. See N.J.S.A. 4055D-45. See also
Section 614.1 1.
614.9 AVAILABLE SEWER CAPACITY AND PUBLIC UTILITIES.
All applications seeking to utilize the increased density provisions of this Article shall demonstrate to the
Planning Board the availability of sanitary sewers, public water, and all other utilities, with adequate
capacity to accommodate the needs of the entire project. The applicant shall provide to the Planning Board
all information required by Sections 702.5 and 702.6 of the Land Development Ordinance.
614.10 APPLICANTS COMPLIANCE AGREEMENT.
The applicant shall file, as a part of the application for preliminary approval of an inclusionary housing
project, a written agreement to comply with the affordable housing regulations prescribed in this ordinance.
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Such instrument shall be in recordable form, and shall be subject to approval by the Township Attorney.
614.11 ADDITIONAL DATA REQUIRED.
On any application for preliminary approval of an inclusionary housing project, the following additional
information shall be submitted to the Planning Board as a part of the application:
614.11-1 Data on or accompanying the preliminary plat showing which dwellings are to be very low
income, which will be low income units and which will be moderate income units; location, floor area
and layout of the lower income units and of all other units.
614.11-2 If a development is to be constructed in phases, a staging plan setting forth the exact units to
be included in each phase and specifying the number and location of units and the number of bedrooms
per unit.
614.11-3 A form of the proposed covenants and restrictions, including provisions to assure that any
affordable units will be sold or rented in accordance with the requirements of this ordinance, and
imposing covenants and restrictions running with the land to assure that subsequent rentals of low and
moderate income units will also be subject to the requirements of this ordinance.
614.11-4 Such other information as may be determined by the Planning Board to be necessary to
assure compliance with the terms and purposes of this Section.
614.12 EXPEDITED HEARINGS OF AFFORDABLE HOUSING APPLICATIONS.
The Planning Board shall give priority to affordable housing applications made under this section.
614.13 PLANNING BOARD WAIVERS AND VARIANCES.
614.13-1 When hearing applications for inclusionary housing projects the Planning Board shall have
jurisdiction, in appropriate cases, and for good causes shown, to grant waivers and variances from the
strict requirements of the zoning ordinance and land development ordinance that would otherwise
apply.
614.13-2 The Planning Board shall not have jurisdiction to approve inclusionary housing projects in a
district restricted against such inclusionary housing projects, nor to permit an increase in the permitted
floor area ratio, nor to permit an increase in the permitted density of dwelling units per net area of land to
be developed.
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614.13-3 It is intended that developer provide for the preservation of open space for active and passive
recreational facilities, of wetlands for ecological and safety purposes, and of steep slopes and areas of
erodible soils, to prevent siltation and erosion and for the creation of green ways serving as
neighborhood dividers and visual breaks and of tot-lots and playground and recreational facilities to
serve the residents. Open space locations shall be convenient to the population they serve, as well as in
locations assisting in the improved design of the development.
614.14 REDUCTION OF DEVELOPMENT FEES.
Inclusionary housing applications made under this article shall be entitled to the elimination of fees for that
portion of the subdivision fees, site plan review fees, Environmental Impact Statement Fees, Storm Water
Control fees in accordance with Article 11of The Land Development Ordinance, and Construction Permit
fees, related to any affordable units included in the project. All other units in the project will be subject to
the normal fee schedule. The usual completion guaranty requirements and Maintenance Guaranty
requirements will remain in effect with respect to all units.
614.15 REVOCATION AND WITHHOLDING OF OCCUPANCY PERMITS.
In the event an applicant does not construct and lease the affordable units in accordance with an approved
plan for an Affordable Housing Project, the Construction Official, in addition to other penalties and
enforcement powers granted by law, shall have the authority to revoke the development permit or
development Certificates of Occupancy, and withhold the issuance of subsequent certificates of occupancy
on all units in the project until the development is brought into compliance with the plan that was approved
by the Approving Authority.
615. AFFORDABLE HOUSING DISTRICT - AHD 3 DISTRICT.
615.1 STATEMENT OF PURPOSE.
In order to provide housing opportunities for lower-income families to meet the existing and anticipated
housing needs of such persons, to maintain a socio-economic mix in the community, to provide a range of
housing types dispersed throughout the community and to satisfy the Township's obligation to provide a fair
share of the region's housing needs, the Township Committee has determined that the provisions of this
Section shall be added to and form part of the zoning regulations of the Township of Green Brook.
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615.2 DEFINITIONS.
Words and terms in this ordinance shall be deemed to have the meaning and definition as set forth in the
Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C 5:93, as the same may be
amended and supplemented, and in the event of any conflict, the definitions in said Substantive Rules shall
control.
615.2-1 Affordable Housing - A dwelling unit with a sales price or rent within the means of a low or
moderate-income household as defined N.J.A.C. 5:93.
615.2-2 Inclusionary development means a residential housing development in which a substantial
percentage of the housing units are provided for a reasonable income range of low, very low and
moderate-income households. The term may also include the conversion of a non-residential structure
to residential and the erection of new affordable units through the reconstruction of a vacant residential
structure.
615.3 AFFORDABLE HOUSING DISTRICT 3. [AHD 3]
615.3-1 Block 103, Lots 2, 3 and 4. Should any portion of the above lots be subdivided for any purpose
other than an inclusionary development, that portion shall be excluded from the lot for the purpose of
calculating density.
615.3-2 Affordable Housing Projects. Each lot specified in Section 615.3-1 may be developed with up
to a maximum of 12.0 units per acre for sale units or rental units, on the condition that at least 20% of
the units are reserved for affordable housing units (“Affordable Housing Project”). All affordable units
shall comply with the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1, et seq., the
Township’s Housing Element and Fair Share Plan, and applicable laws, with regards to moderate, low
and very-low income qualification percentages, bedroom count distribution, location within the
development, and other applicable requirements of law. Occupancy of units shall be subject to the
requirements set forth in the Developer’s Agreement for each project.
615.3-3 Permitted Uses.
For the portion of the lots set back further than 400’ from the right of way line of Route 22:
615.3-3.1 Multi-family dwellings, townhouses and stacked townhouses.
(a) “Stacked townhouse” shall mean a one-family dwelling unit attached in a row of at least three
such units in which each unit has its own access to the outside, and each unit is separated from any
other unit by one or more vertical and horizontal common fire-resistant walls or other such common
wall system or floor/ceiling assemblies as may be approved by the Township Code Enforcement
Officer.
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(b) “Townhouse” shall mean a one-family dwelling unit attached in a row of at least three such units
in which each unit has its own front and rear access to the outside, no unit is located over another
unit, and each unit is separated from any other unit by one or more vertical common fire-resistant
walls or other such common wall system as may be approved by the Township Code Enforcement
Officer.
(c) “Residential Apartments or Flats” shall mean any building or portion thereof, which is designed,
built, rented, leased, let or hired out to be occupied, or which is occupied as the same, or a residence
of three or more families living independently of each other and doing their own cooking in such
building. The term includes flats and apartments.
615.3-3.2 Two-family dwellings, including both side-by side and duplex (one over an-other)
style dwellings.
615.3-3.3 Existing uses may remain as valid non- conforming uses and may be subdivided from
the lot without the need for use variance.
615.3-3.4 Public or private parks and playgrounds.
615.3-3.5 Public or private recreation buildings and facilities.
For the portion of the lots fronting and between the Route 22 right of way and a line 400’ parallel to
the Route 22 right of way:
615.3-3.6 Commercial Uses as specified in Section 606.1
615.3-3.7 Mixed-use buildings which may include residential apartments or flats above
commercial or office uses. Residential apartments are not permitted on the first floor, and
commercial uses are not permitted on floors other than the first floor. Access for mixed use
buildings shall be from a township public street with direct access to Route 22 and King George
Road, improved to municipal standards. Direct driveway access to a state highway is prohibited
for mixed use buildings.
615.3-4 Permitted Accessory Uses.
For the portion of the lots set back further than 400’ from the right of way line of Route 22:
615.3-4.1 Garages and off-street parking facilities.
615.3-4.2 Storage and maintenance buildings.
615.3-4.3 Customary accessory structures approved as part of the site plan for the development,
including fences, walls, lampposts, trellises, cable T.V. services, gazebos, clustered mailboxes,
school bus shelters, utility structures such as holding tanks and pumping stations, recycling
container structures and the like.
615.3-4.4 Signs: Two (2) non-illuminated or Externally illuminated Development name signs , not
exceeding forty (40) square feet each side, no taller than 6 feet, setback a minimum of 15 feet from any
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property line.
615.3-4.5 Public utility infrastructure including water holding tank and pumping station facilities.
For the portion of the properties fronting and between the Route 22 right of way and a line 400’
parallel to the Route 22 right of way:
615.3-4.6 Same as Section 606.2
615.3-4-7 Signs. Same as 901.2 as they pertain to the RHC Zoning District
615.3-5 Area and Bulk Requirements.
615.3-5.1
For purposes of calculating density, the AHD 3 zone is excluded from the
provisions of Section 423 of the Zoning Ordinance.
615.3-5.2 The lot area for the dedication of right of way for public streets shall not be excluded
from the gross lot area for the purpose of calculating density.
Bulk requirements.
(a) There shall be the following minimum distances between principal buildings (i.e. multi-family,
townhouse and stacked townhouse building):
Windowless wall to windowless wall
20 feet
Window wall to windowless wall
40 feet
Window wall to window wall front to front
40 feet
Rear to rear
Rear to end
40 feet
20 feet
(b) Any building face to local street curb face or edge of pavement
20 feet
(c) Any building face to collector street curb. face or edge of pavement 40 feet
(d) Any building face to arterial street curb face or edge of pavement
180 feet
(e) Any building face except garage face to common parking area
20 feet
(f) Coverage: The maximum coverage by buildings within an Affordable Housing Project shall not
exceed thirty (30%) percent of the lot(s) comprising the project. The maximum coverage by all
impervious surfaces, including buildings, shall not exceed sixty (60%) percent of the lot(s), except
as provided by Section 615.5-6.1 (o). For the purpose of determining impervious lot coverage,
swimming pools shall be excluded, but sidewalks, (including walkways around pools), paving,
decks, patios, sheds, etc., will be included in determining impervious coverage.
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(g) Buffer areas: No building, parking areas and their associated driveways shall be located within
thirty (30) feet of any property boundary line abutting a commercial district, excluding any access
driveways and public streets.
(1)
Within the thirty-foot (30) wide buffer area a variety of plants shall be installed.
Buffer plantings shall consist of a combination of shade trees, evergreen trees and shrubs to
provide a natural looking buffer.
(2)
One (1) shade tree shall be planted for every one hundred fifty (150) linear feet of
buffer. Shade trees shall be planted at a minimum three (3) inch caliper and shall be a
minimum of twelve (12) to fourteen (14) feet in height, balled and burlapped.
(3)
One (1) evergreen tree shall be planted for every fifty (50) linear feet of buffer.
Evergreen trees shall be planted at a minimum height of seven (7) feet, balled and burlapped.
(4)
Twenty (20) shrubs shall be planted for every seventy-five (75) linear feet of buffer.
Shrubs shall be planted at a minimum of thirty-six (36) inches in height. Fifty percent (50%) of
shrubs shall be evergreen.
(5)
Existing trees within the proposed buffer areas that are healthy shall be maintained
and may be counted toward the planting requirements.
(6)
Proposed buffer plantings shall be arranged in a natural staggered pattern and shall
not be lined up in straight, single rows.
(h) Building height:
Mixed Use Buildings: No building shall exceed four (4) stories in height.
No building shall exceed forty feet (40’) in height to the top of the ridge line when measured from
the finished grade along the uphill side of the building and shall not exceed fifty (50’) feet in height
from the finished grade along the downhill side of the building.
Commercial Buildings: Same as Section 606.3-1.
Residential Buildings: No building shall exceed three (3) stories in height.
Walkout basement conditions shall not constitute a “story” for purposes of this subsection.
Notwithstanding the definition of “building height” in Ordinance Section 301.7, no building shall
exceed forty-two (42) feet in height to the top of the ridge line when measured from the finished
grade along the uphill side of the building and shall not exceed fifty-one (51) feet in height from the
finished grade along the downhill side of the building.
(i) No building or group of attached buildings shall contain more than thirty-five (35) residential
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units.
(j) No building shall exceed a length of two hundred and ten (210) feet.
(k) Accessory buildings, shall meet the same bulk requirements as the principal buildings.
(l) No accessory building shall be more than one story and the maximum height of an accessory
building shall be sixteen (16) feet from average grade to mid-point of pitched roof. Recreational
buildings and facilities shall be governed by the height limitations for principal buildings.
(m) If a garage is provided, it may be built into the principal structure or be separately constructed
as hereinafter provided. Each garage space shall be at least ten (10) feet in width and twenty (20)
feet in depth. Each group of attached garages shall have a joint capacity of not more than twelve
(12) automobiles arranged in a row, and there shall be a minimum distance of ten (10) feet between
garage structures.
(n) Cable T.V. is to be encouraged. If not provided, exterior television antennae/satellite dish shall
be limited to one (1) master antenna/satellite dish per building. Master antenna/satellite dishes
shall be screened from view from any public right-of-way.
(o) Laundry facilities, as a norm, shall be provided in each unit. Where not included in the unit a
laundry facility room may be provided in the building.
(p) One or more completely enclosed but unroofed structures for the collection, source separation
and storage of solid waste shall be provided. The system of collecting, storing, recycling and
disposal of solid waste shall be in accordance with State and Board of Health and Township
regulations. Provision shall be made for the recycling of materials required to be recycled by the
Township. No garbage or other refuse shall be stored or collected except in approved structures.
Garbage and refuse areas shall comply with the Land Development Ordinance, Section 712.
615.3-6 Connections between uses: Direct pedestrian connections between buildings within the project
and to other lots within the AHD 3 Zone and to adjoining properties in other zone districts are to be
provided whenever feasible and available, at a reasonable cost, including sidewalks along roadways
within the AHD-3 Zone. Such connections include connections between street sidewalks and non-
residential uses, connections between non-residential and residential uses, connections between
parking areas of non-residential uses, and connections between non-residential uses and existing
residential neighborhoods located within or adjacent to the district.
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615.4 STEEP SLOPE AREA.
615.4-1 Definition of Steep Slope Area.
Any area exceeding twenty (20%) percent grade in a generally continuous line running east and west
along the face of the south side of the mountain, from property line to property line, shall be
considered a steep slope and shall not be disturbed except as set forth in Section 615.4-2 below.
Isolated ridges, gullies, knobs or knolls, or peninsulas extending above or below the continuous line and
running north and south shall not be considered steep slopes for purposes of protection. Man-made slopes
over twenty (20%) percent below the continuous line shall also be excluded from this definition.
615.4-2 The following items of infrastructure may be constructed in a steep slope area without
restriction except for the provision of easements.
a. Stormwater improvements.
b. Sanitary sewer improvements.
c. Underground or overhead electric, telephone or cable TV lines.
d. Public water mains.
e. Public Utility water holding tank and pumping station.
f. Roadways and walkways.
615.5 ACCESS
The developments within the AHD 3 Zone shall provide for the construction of public roadway connections to
King Court and Route 22, with a paved public road access to the easterly and westerly property lines for the
future extension and connection to adjacent properties. Each developer shall be responsible for construction to
their property line, unless agreed to otherwise with neighboring development. For development occurring in
phases, a temporary paved cul-de-sac may be required within the public portion of the roadway extending to the
adjacent property line. No more than 62 units may be occupied that have sole access off of Route 22 without the
access to King George Road being completed.
615.6 CONVERSION OF RENTAL UNITS.
Units offered as rental units shall comply with the applicable provisions of the New Jersey Administrative
Code.
615.7 CONSTRUCTION IN ENVIRONMENTALLY SENSITIVE AREAS.
Affordable units shall not be constructed on (a) wetlands as delineated with an approved LOI (Letter of
Interpretation) issued by the New Jersey Department of Environmental Protection; (b) flood hazard areas as
defined in N.J.A.C. 7:13; and (c) slopes in excess of 20 percent.
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615.8 INTEGRATION OF UNITS
All affordable units shall comply with the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-
26.1, et seq., the Township’s Housing Element and Fair Share Plan, and applicable laws, with regards to
integration of units.
615.9 PROCEDURE FOR APPROVAL OF INCLUSIONARY HOUSING PROJECTS.
It is intended through this Section that innovative land use and mixtures of housing types be permitted
within an individual development. Flexible land use standards within the established zone density, should
allow optimum use of the site while preserving critical areas and common open space as outlined above.
615.9-1 Application Procedure. An application for an inclusionary housing development shall be considered
as a planned residential development and is to be processed through the major site plan procedure as set
forth in The Land Development Ordinance of the Township of Green Brook, and shall comply with the
provisions thereof procedurally and substantively. See N.J.S.A. 4055D-45.
615.10 AVAILABLE SEWER CAPACITY AND PUBLIC UTILITIES.
All applications seeking to utilize the density provisions of this Article shall demonstrate to the Planning
Board the availability of sanitary sewers, public water, and all other utilities, with adequate capacity to
accommodate the needs of the entire project. The applicant shall provide to the Planning Board all
information required by Sections 702.5 and 702.6 of the Land Development Ordinance.
615.11 APPLICANTS COMPLIANCE AGREEMENT.
The applicant shall file, as a part of the application for preliminary approval of an affordable housing
project, a written agreement to comply with the affordable housing regulations prescribed in this ordinance,
and to comply with the implementing rules and regulations of the Green Brook Affordable Housing Plan.
Such instrument shall be in recordable form, known as a Developer’s Agreement, and shall be subject to
approval by the Township Attorney.
615.12 ADDITIONAL DATA REQUIRED.
On any application for preliminary approval of an inclusionary housing project, the following additional
information shall be submitted to the Planning Board as a part of the application:
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615.12-1 Data on or accompanying the preliminary plat showing which dwellings are to be very low
income, which will be low income units and which will be moderate income units; location, floor area
and layout of the affordable units and of all other units.
615.12-2 If a development is to be constructed in phases, a staging plan setting forth the exact units to be
included in each phase and specifying the number, location, number of bedrooms, and whether the units
will be owner or renter occupied for the affordable units.
615.12-3 An application involving an inclusionary development in the Affordable Housing District
[AHD] which is required to provide rental units, (See Section 615.3-2) shall set forth necessary details
to show the location and method of providing such rental housing units to be included in the
development (See N.J.A.C. 5.93-5:14)
615.12-4 A form of the proposed covenants and restrictions, including provisions to assure that any
affordable units will be sold or rented in accordance with the requirements of this ordinance, and
imposing covenants and restrictions running with the land to assure that subsequent sales and rentals of
affordable units will also be subject to the requirements of this ordinance.
615.12-5 Such other information as may be determined by the Planning Board to be necessary to
assure compliance with the terms and purposes of this Section.
615.13 EXPEDITED HEARINGS OF AFFORDABLE HOUSING APPLICATIONS.
The Planning Board shall give priority to affordable housing applications made under this section.
615.14 PLANNING BOARD WAIVERS AND VARIANCES.
615.14-1 When hearing applications for affordable housing projects the Planning Board shall have
jurisdiction, in appropriate cases, and for good causes shown, to grant waivers and variances from the
strict requirements of the zoning ordinance and land development ordinance that would otherwise
apply.
615.14-2 The Planning Board shall not have jurisdiction to approve affordable housing projects in a
district restricted against such affordable housing projects, nor to permit an increase in the permitted
floor area ratio, nor to permit an increase in the permitted density of dwelling units per net area of land
to be developed.
615.15 REDUCTION OF DEVELOPMENT FEES.
Affordable housing applications made under this article shall be entitled to the elimination of fees for that
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portion of the subdivision fees, site plan review fees, Environmental Impact Statement Fees, Storm Water
Control fees in accordance with Article 11of The Land Development Ordinance, and Construction Permit
fees, related to any affordable units included in the project. All other units in the project will be subject to
the normal fee schedule. The usual completion guaranty requirements and Maintenance Guaranty
requirements will remain in effect with respect to all units.
615.16 REVOCATION AND WITHHOLDING OF OCCUPANCY PERMITS.
In the event an applicant does not construct and lease or sell the affordable units in accordance with an
approved plan for an Affordable Housing Project, the Construction Official, in addition to other penalties
and enforcement powers granted by law, shall have the authority to revoke the development permit or
development Certificates of Occupancy, and withhold the issuance of subsequent certificates of occupancy
on all units in the project until the development is brought into compliance with the plan that was approved
by the Approving Authority.
616. AFFORDABLE HOUSING DISTRICT -AHD 4 DISTRICT.
616.1 STATEMENT OF PURPOSE.
In order to provide housing opportunities for lower-income families to meet the existing and anticipated
housing needs of such persons, to maintain a socio-economic mix in the community, to provide a range of
housing types dispersed throughout the community and to satisfy the Township's obligation to provide a fair
share of the region's housing needs, the Township Committee has determined that the provisions of this
Section shall be added to and form part of the zoning regulations of the Township of Green Brook.
616.2 DEFINITIONS.
Words and terms in this ordinance shall be deemed to have the meaning and definition as set forth in the
Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C 5:93, as the same may be
amended and supplemented, and in the event of any conflict, the definitions in said Substantive Rules shall
control.
616.2-1 Affordable Housing - A dwelling unit with a sales price or rent within the means of a low or
moderate-income household as defined N.J.A.C. 5:93.
616.2-2 Inclusionary development means a residential housing development in which a substantial
percentage of the housing units are provided for a reasonable income range of low, very low and
moderate-income households. The term may also include the conversion of a non-residential structure
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to residential and the erection of new affordable units through the reconstruction of a vacant residential
structure.
616.3 AFFORDABLE HOUSING DISTRICT 4. [AHD 4]
616.3-1 Block 101.12 Lot 3.01.
616.3-2 Affordable Housing Project. The tract specified in Section 616.3-1 may be developed with up
to a maximum of 23 units, on the condition that at least 12 affordable housing units are provided
elsewhere within the township. The affordable housing units shall be moderate, low and/or very low
income affordable housing. Thirteen percent of the low and moderate-income units shall be affordable
to households at 30 percent of median income.
616.3-3 Permitted Uses.
616.3-3.1 Multi-family dwellings.
616.3-4 Permitted Accessory Uses.
616.3-4.1 Off-street parking facilities.
616.3-4.2 Customary accessory structures approved as part of the site plan for the development,
including fences, walls, lampposts, trellises, cable T.V. services, gazebos, clustered mailboxes,
school bus shelters, utility structures such as holding tanks and pumping stations, recycling
container structures and the like.
616.3-4.3 Signs: One (1) Non-illuminated or Externally illuminated Development name sign, not
exceeding 30 square feet each side, no taller than 6 feet, setback a minimum of 15 feet from any
property line.
616.3-4.4 Public utility infrastructure including water holding tank and pumping station facilities.
616.3-5 Area and Bulk Requirements.
616.3-5.1
For purposes of calculating density, the AHD 4 zone is excluded from the
provisions of Section 423 of the Zoning Ordinance.
Bulk requirements.
(a) There shall be the following minimum distances between principal buildings:
Windowless wall to windowless wall
20 feet
Window wall to windowless wall
40 feet
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Window wall to window wall front to front
40 feet
Rear to rear
40 feet
Rear to end
20 feet
(b) Any building face to local street curb face or edge of pavement
20 feet
(c) Any building face to collector street curb. face or edge of pavement 40 feet
(d) Any building face to arterial street curb face or edge of pavement
180 feet
(e) Any building face except garage face to common parking area
10 feet
(f) Coverage: The maximum coverage by buildings in the AHD 4 shall not exceed thirty (30%)
percent of the tract area. The maximum coverage by all impervious surfaces, including buildings,
shall not exceed sixty (60%) percent of the tract area,
(g) Building height:
No building shall exceed three (3) stories in height. No building shall exceed thirty-five (35’) in
height to the top of the ridge line when measured from the finished grade along the uphill side of
the building and shall not exceed forty (40’) feet in height from the finished grade along the
downhill side of the building.
(h) Accessory buildings shall meet the same bulk requirements as the principal buildings.
(i) No accessory building shall be more than one story and the maximum height of an accessory
building shall be sixteen (16) feet from average grade to mid-point of pitched roof. Recreational
buildings and facilities shall be governed by the height limitations for principal buildings.
(j) If a garage is provided, it may be built into the principal structure or be separately constructed as
hereinafter provided. Each garage space shall be at least ten (10) feet in width and twenty (20) feet
in depth. Each group of attached garages shall have a joint capacity of not more than twelve (12)
automobiles arranged in a row, and there shall be a minimum distance of ten (10) feet between
garage structures.
(k) Cable T.V. is to be encouraged. If not provided, exterior television antennae/satellite dish shall
be limited to one (1) master antenna/satellite dish per building. Master antenna/satellite dishes
shall be screened from view from any public right-of-way.
(l) Laundry facilities, as a norm, shall be provided in each unit. Where not included in the unit a
laundry facility room may be provided in the building.
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(m) One or more completely enclosed but unroofed structures for the collection, source separation
and storage of solid waste shall be provided. The system of collecting, storing, recycling and
disposal of solid waste shall be in accordance with State and Board of Health and Township
regulations. Provision shall be made for the recycling of materials required to be recycled by the
Township. No garbage or other refuse shall be stored or collected except in approved structures.
Garbage and refuse areas shall comply with the Land Development Ordinance, Section 712.
616.3-6 Connections between uses.
Direct pedestrian connections by concrete sidewalk between buildings within the tract and public street
is required.
616.4. CONVERSION OF RENTAL UNITS.
Units offered as rental units shall comply with the applicable provisions of the New Jersey Administrative
Code.
616.5 PROCEDURE FOR APPROVAL OF INCLUSIONARY HOUSING PROJECTS.
It is intended through this Section that innovative land use and mixtures of housing types be permitted
within an individual development. Flexible land use standards within the established zone density, should
allow optimum use of the site while preserving critical areas and common open space as outlined above.
616.5-1 Application Procedure. An application for an inclusionary housing development shall be
considered as a major site plan and is to be processed through the major site plan procedure as set forth
in The Land Development Ordinance of the Township of Green Brook and shall comply with the
provisions thereof procedurally and substantively. See N.J.S.A. 4055D-45.
616.6 APPLICANTS COMPLIANCE AGREEMENT.
The applicant shall file, as a part of the application for preliminary approval of an affordable housing
project, a written agreement to comply with the affordable housing regulations prescribed in this ordinance,
and to comply with the implementing rules and regulations of the Green Brook Affordable Housing Plan.
Such instrument shall be in recordable form, known as a Developer’s Agreement, and shall be subject to
approval by the Township Attorney.
616.7 ADDITIONAL DATA REQUIRED.
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On any application for preliminary approval of an inclusionary housing project, the following additional
information shall be submitted to the Planning Board as a part of the application:
616.7-1 Data on or accompanying the preliminary plat showing which dwellings are to be very low
income, which will be low income units, and which will be moderate income units; and location with
unit identification.
616.7-2 If a development is to be constructed in phases, a staging plan setting forth the exact units to
be included in each phase and specifying the number, location, number of bedrooms, and whether the
units will be owner or renter occupied for the affordable units.
616.7-3 An application involving an inclusionary development in the Affordable Housing District
[AHD] which is required to provide rental units shall set forth necessary details to show the location
and method of providing such rental housing units to be included in the development (See N.J.A.C.
5.93-5:14)
616.7-4 A form of the proposed covenants and restrictions, including provisions to assure that any
affordable units will be sold or rented in accordance with the requirements of this ordinance, and
imposing covenants and restrictions running with the land to assure that subsequent sales and rentals of
affordable units will also be subject to the requirements of this ordinance.
616.7-5 Such other information as may be determined by the Planning Board to be necessary to assure
compliance with the terms and purposes of this Section.
616.8 EXPEDITED HEARINGS OF AFFORDABLE HOUSING APPLICATIONS.
The Planning Board shall give priority to affordable housing applications made under this section.
616.9 PLANNING BOARD WAIVERS AND VARIANCES.
616.9-1 When hearing applications for affordable housing projects the Planning Board shall have
jurisdiction, in appropriate cases, and for good causes shown, to grant waivers and variances from the
strict requirements of the zoning ordinance and land development ordinance that would otherwise
apply.
616.9-2 The Planning Board shall not have jurisdiction to approve affordable housing projects in a
district restricted against such affordable housing projects, nor to permit an increase in the permitted
floor area ratio, nor to permit an increase in the permitted density of dwelling units per net area of land
to be developed.
616.10 REDUCTION OF DEVELOPMENT FEES.
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Affordable housing applications made under this article shall be entitled to the elimination of fees for that
portion of the subdivision fees, site plan review fees, Environmental Impact Statement Fees, Storm Water
Control fees in accordance with Article 11of The Land Development Ordinance, and Construction Permit
fees, related to any affordable units included in the project. All other units in the project will be subject to
the normal fee schedule. The usual completion guaranty requirements and Maintenance Guaranty
requirements will remain in effect with respect to all units.
616.11 REVOCATION AND WITHHOLDING OF OCCUPANCY PERMITS.
In the event an applicant does not lease the affordable units in accordance with the Developers Agreement,
the Construction Official, in addition to other penalties and enforcement powers granted by law, shall have
the authority to revoke the development permit or development Certificates of Occupancy, and withhold the
issuance of subsequent certificates of occupancy on all units in the project until the development is brought
into compliance with the plan that was approved by the Approving Authority.
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VILLAGE GATEWAY DISTRICT
617.1
GENERAL
617.1-1
Vision/Purpose
The Village Gateway district is intended to create a low- to moderate-density commercial development
on and around the intersection of Washington Avenue and Route 22, which is more consistent with the
pedestrian-friendly design of the Village Center than other highway commercial development. The
following regulations are intended to allow for a variety of commercial uses, including retail, office,
and restaurants within walking distance of the Village Commercial area.
These district standards are meant to encourage development with access from Washington Avenue
with parking and loading in the side and rear yards. Development should be of the highest quality and
should support the goal of creating a prominent gateway district that architecturally enhances the
character of the rest of the Village Center. These standards are intended to support the creation of a
safe and comfortable pedestrian network that connects the Village Gateway District to the Village
Commercial District, the Residential/Office Village Commercial District, as well as surrounding civic
amenities and schools. The frontage requirements are intended to ensure that the pedestrian realm is
safe and enjoyable to walk through.
617.1-2 Applicability
A. The standards of this section are applicable to all properties within the boundaries of the VG
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(Village Gateway) zoning district as shown on the official zoning map of the Township of Green
Brook (see Section 202). Said location and boundaries have been selected to be consistent with the
policies in the Master Plan.
B. The standards of this section have been designed to be applicable to all developments, re-
developments, and infill developments within the boundaries of the designated district that are
subject to Land Use Board approval.
C. The Form and Design Standards contained in Section 617.6 are applicable to all structures
within the district.
D. Nothing in this section shall be deemed to permit any lands, buildings, structures, or
development in any area not permitted by the New Jersey Department of Environmental
Protection, or any other agency, which may be given authority over such matters, pursuant to the
Flood Hazard Area Control Act N.J.S.A. 58:16A.
617.2 USES
617.2-1 Permitted and Conditional Uses
§
USES
A
COMMERCIAL SERVICES
1
Bars, brewpubs, and microbreweries
P
2
Business offices
P
3
Day care centers
P
4
Hotels
P
Medical offices, clinics, and immediate care
facilities
P
6
Product service establishments
P
7
Professional offices
P
8
Recreational facilities
P
9
Restaurants, cafes, coffeehouses and eateries
P
10
Retail food establishments
P
11
Retail sales
P
12
Retail services
P
13
Specialty grocery store
P
14
Banks
P
B
GOVERNMENT/CIVIC/INSTITUTIONAL
1
Cultural uses
P
2
Public/Semi-public open space
P
P = Permitted
5
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617.2-2 Permitted Accessory Uses
A. Signs, subject to the provisions of Article 9
B. Fences and landscaping, subject to the provisions of Article 10
C. Off-street parking facilities
D. Trash enclosures
E. Mailboxes, Drop-boxes
F. Restaurants, Outdoor
G. Drive-up, drive-through, and walk-up windows serving any form of retail or commercial
establishment such as, but not limited to, banks, pharmacies, restaurants.
617.2-3 Prohibited Uses
Any use not explicitly permitted is prohibited, including, but not limited to:
A. Check Cashing businesses
B. Massage Parlors
C. Kennels
D. Uses requiring storage or display of goods outside a fully enclosed building
E. Lumber yards
F. Sexually oriented businesses
G. Tattoo, body piercing or branding establishments
H. Manufacturing and other commercial uses deemed to be hazardous in the building code
I. Auto-oriented businesses
J. Pawn Shops
K. Funeral Homes
L. Residential
617.3
PERMITTED BUILDING TYPES
Definitions for the following building types can be found in Section 617.3-1. The following table
identifies which building types are permitted on each Frontage Type within the Village Gateway
district. For more information on Frontage Types, see Section 617.7. For a map of frontage types, see
Figure 1.
Figure 1: Frontage Type Map
95
§
Building Types
Commercial
Frontage
A
Civic
NP
B
Mid-rise, residential
NP
C
Mixed-use
NP
D
Pedestrian-accessible commercial
P
E
Single family detached
NP
P = Permitted, NP = Not Permitted
617.3-1
Building
Types
Pedestrian-Accessible Commercial Building. A single or multi-story building designed for retail or
office uses. Buildings have active ground floor uses with primary access on the street frontage side
of the building, with additional access from the off-street parking side of the building. They may be
walkups or elevator buildings. Common entrances and other spaces may be shared. Parking may not
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abut the primary street frontage.
617.4 LOT REQUIREMENTS
Minimum lot requirements for all building types permitted in the VG district are as follows:
§
Standard
A
Minimum Lot Width
200’
B
Minimum Lot Depth
150’
C
Minimum Lot Size
30,000 ft2
D
Maximum Building Coverage
40%
E
Maximum Impervious Coverage
75%
617.5 SETBACKS
§
Standard
A
Build-to Line
40’
B
Build-to Line, Occupancy Rate
70%
D
Side Yard Setback
15’ min.
E
Rear Yard Setback
25’ min.
F
Parking Setback from Build-to Line
10’ min.
G
Accessory Structure Setback from Build-to Line
25’ min.
H
Front setback (Residential Frontage)
40’ min.
617.5-1
Setbacks and Encroachments
A. A building may be set back up to 20 feet from the build-to line in order to accommodate an
outdoor eating area, plaza, or other public open space. In order to preserve the continuity of the
street wall, a permanent low-lying screening wall, fence, series of planters, or similar design
element must be provided at the required build-to line.
B. Patios must respect setback requirements.
C. Awnings, upper floor balconies and bay windows may encroach into setbacks up to 3 feet.
617.6 FORM AND DESIGN STANDARDS
The following form standards shall apply to all construction within the district:
§
Standard
MIN
MAX
A
Maximum Building Height
35’ / 2½ stories
B
Ground Floor Height
12’
20’
C
Distance Between Vertical Breaks
10’
24’
D
Distance Between Roofline Offsets
24’
50’
E
Roofs
1
Roof Pitch (Gabled)
6:12
9:12
2
Roof Pitch (Hipped)
4:12
6:12
3
Eave Overhang
1’
E
Flat Roof Permitted
Permitted for building of more than 2 Stories
97
617.6-1 Permitted Building Elements
§
Standard
A
Awnings
P
B
Balconies (above ground level)
P
C
Bay Windows
NP
D
Dormers
P
E
Cupolas
P
F
Porches
NP
P = Permitted, NP = Not Permitted
617.6-2 Massing and variation
A. Buildings shall avoid long, uninterrupted walls or roof planes. Facades shall be broken up
horizontally and vertically using material changes or offsets as prescribed in Section 617.6.
B. Architectural elements that add visual interest to roofs, such as dormers, masonry chimneys,
cupolas, clock towers, and other similar elements are encouraged.
617.6-3 Roofs
A. Buildings shall have gabled, hipped, or flat roofs. Mansard roofs are prohibited.
B. Where flat roofs are permitted, the rooftops must be visually articulated with a parapet or
cornice.
C. Gabled and hipped roofs shall provide overhanging eaves on all sides that extend 1 foot beyond
the building wall.
D. Building roofs are to be uncluttered. Vertical roof projections such as vents, stacks, elevator
mechanical rooms, or roof-mounted equipment shall be integrated into the architecture. All
penetrations through the roof (e.g. mechanical equipment or skylights) shall be organized in a
manner that is integral to the architectural form of the building and completely screened from view
by parapet walls or an approved enclosure. The screen shall reflect and complement the
architecture of the building.
617.6-4 Orientation
A. Building fronts shall be oriented to the primary street upon which the structure is sited. For
corner lots, buildings should be oriented to both street fronts.
617.6-5 Building Arrangement
A. Buildings shall be arranged and clustered to maximize opportunities for shared parking,
circulation, loading, pedestrian walks, walls, and plazas.
617.6-6 Building access
A. All buildings shall have pedestrian access on both the street frontage side of the building (front)
and the off-street parking side (rear) of the building. Corner buildings shall have at least one
98
entrance addressing each street front where possible.
B. Pedestrian entrances fronting primary streets should be clearly defined and highly visible.
Ground floor businesses and storefronts should use architectural features and/or pedestrian-
oriented amenities at the street (e.g. display windows, awnings, canopies, overhangs,
recessed/protruding).
617.6-7 Windows and fenestration
A. There are to be no blank facades. All facades must provide windows as prescribed in Section
617.7-4.
B. Windows shall be un-tinted. Mirrored or reflective glass is not permitted.
C. Windows shall be vertically proportional to the size of the structure. Whenever possible, upper
story windows shall be vertically aligned with lower story windows.
D. Ground floor façades of retail, restaurant, and related uses facing a street shall have windows
providing views of display areas and/or the building interior.
1. These ground floor windows shall begin between 2 and 3 feet above ground level and end 10
feet above ground level.
2. Display windows for ground floor storefronts shall not be blocked with merchandise or
interior merchandise display.
617.6-8 Ground floors
A. For multi-story buildings, the ground level façade should have a distinctive look from the façade
of the floor levels above. This can be achieved by using different architectural elements such as
cornice lines, building material changes, trim accents, lighting, awnings, and/or projections.
617.6-9 Lighting
A. Facades shall be internally or externally illuminated. Lights should be properly shielded or
recessed behind architectural features so they do not shine directly on or into a building on an
abutting property. No light, except streetlights, shall shine directly onto public roads.
B. Light fixtures attached to the exterior of any building shall be architecturally compatible with the
surrounding area lighting.
C. Decorative lighting, including but not limited to string lighting (e.g. bistro lights) and building or
tree up lighting, is permitted with approval from the Planning Board.
617.6-10 Step Backs
A. Where required, step backs may be used to provide outdoor space for occupants through the
inclusion of a balcony or rooftop deck.
617.6-11 Utilities Screening
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A. All HVAC and telecommunication systems must be screened from public view and from view
of adjacent properties. Screens must be designed to be architecturally compatible with the principal
building.
617.7 FRONTAGE REQUIREMENTS
617.7-1 Purpose. Frontage Types are integral to creating the appropriate nexus between the public
and private realms. They provide uniform rules for how a private building and public street interact,
and help establish a vision for how a street or block should look and function. Such rules allow the
vision and goals of the Township be realized over time through incremental development and changing
architectural styles and materials.
617.7-2 Intent. Frontage requirements will provide for a substantial landscaped buffer, street trees,
planters, and other streetscaping elements to protect pedestrians from automobile traffic and provide a
pleasant pedestrian environment throughout the Village Gateway district. Wide sidewalks and active
ground floor uses will encourage walkability and reduce the number of vehicle trips needed to visit the
different uses within the VG district.
617.7-3 Frontage types. Frontage requirements are based on the type of roadway and character of
proposed and adjacent land uses. There are two types of frontages within the Village Gateway District:
A. Commercial Frontage. The Commercial Frontage Type is meant to create a safe and attractive
pedestrian environment along corridors that have primarily commercial uses on the ground floor of
buildings. This frontage type is characterized by wide sidewalks, with amenities such as planters,
street trees, street lighting, and street furniture all present in the front yard. Businesses may have
sidewalk cafés or pop-out café windows in the front or side yard to bring additional energy to the
street front. Branding signage is permitted.
617.7-4 Frontage Requirements
The following standards shall be applied to all buildings, depending on the Frontage Type, as illustrated in
Figure 1.
Figure 1: Frontage Type Map
100
FRONTAGE TYPE
§
Standard
Commercial Frontage
A
Ground Floor Use
Retail or “Active”
B
Transparency, Ground Floor
60-75%
C
Transparency, Upper Floors
40%
D
Public Realm Elements
1
Benches
1 every 100 linear feet
2
Bike Racks
1 per building entrance
3
Planters
Avg. 25’ on center
4
Trash Receptacles
1 per 150 linear feet
101
617.7-5 Commercial Frontage Requirements.
A. A 20-foot wide landscaped buffer shall be provided between the street curb and sidewalk. When
a building fronts on a highway (per the Master Plan definition), the landscape buffer shall be
increased to 40 feet. This buffer may consist of grasses, shrubs, and plantings. Street trees, planters,
benches, and street lighting shall be located in this buffer.
B. A 10-foot wide buffer shall be provided between the sidewalk and building façade. The buffer
may consist of outdoor café seating, street furniture, hardscaping, planters, low walls, fencing,
decorative architectural elements, plantings, shrubs, ornamental grasses, or similar landscaping.
C. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10 feet.
D. Outdoor cafes are permitted in the front or side yard, provided that a minimum of 5 feet of
pedestrian clearance is provided for sidewalks and entrances remain unimpaired. Pop-out café
windows are encouraged.
E. Plazas are permitted to front onto the street and must include amenities such as fountains, public
art, gazebos, shade trees/structures, trash receptacles, benches, lights, trellises, or other similar
features. All plazas are subject to Planning Board approval.
F. Public open spaces including plazas, pedestrian walkways, and outdoor cafes must front on a
public street.
G. Street furniture shall be decorative, functional, properly scaled to the space, and consistent in
style with the street furniture in this and surrounding district. All street furniture shall be subject to
Planning Board approval.
617.8 STREET TREES
A. Street trees shall be provided along all existing or proposed public streets along the public frontage
and are in addition to other required plantings (Section 617.10).
B. Trees shall be spaced an average of 50 feet on center. To determine the required number of street
trees, the linear frontage of public frontage shall be divided by the required planting interval, without
deducting areas for driveway curb cuts or crosswalks. Trees shall be planted as evenly as possible
given site constraints such as driveways or crosswalks.
C. Tree pits shall be at least one-third (1/3) larger in width and in depth than the existing root ball of
the particular tree to be planted.
D. Acceptable tree species shall be no more than 25 feet at mature height to reduce conflicts with
overhead utility lines.
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617.9 STREET LIGHTING
A. Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the public, as
well as one for every 70 feet of street frontage. Pedestrian light fixtures shall have a maximum
mounting height of 14 feet.
B. All lighting fixtures shall utilize HADCO Decorative Lighting – Contempo II mounted on a
HADCO Contempo decorative pole – or approved equal.
C. All lighting designs and installations are subject to review and approval by the Township Engineer.
617.10 GENERAL LANDSCAPING
A. All landscaping is subject to approval and maintenance requirements as outlined in Sections 1001.1
and 1001.2.
B. Landscaping is required in all designated setback/buffer areas, parking lots, and areas around
buildings not used for ingress/egress. The type of landscaping required/permitted based on frontage
type.
C. Landscaping is permitted to be integrated with other site design elements, where appropriate, such
as paths and walkways, foundations, water features, trellises, pergolas, gazebos, fences, walls, street
furniture, and public art.
D. Plantings shall be drought tolerate, noninvasive, and native species.
617.11 PARKING LOT LANDSCAPING
A. All parking lots shall provide a minimum of 150 square feet of planted area per every ten parking
spaces. Subject to the approval of the Planning Board, these planted areas may be single or double bay
planting islands, diamond tree pits, or planting medians.
B. Planting areas shall be a minimum of 4 feet wide and contain a minimum of one (1) shade tree
along with shrubs, ground cover, grasses and/or perennials, so as to cover the entire area when
installed.
C. Islands shall be placed opposite each other in adjacent rows of parking in order to reduce the
number of raised islands and increase the area available for tree roots.
D. The last parking stall in a row shall be separated from drive aisles by a planting island with a
minimum width of nine (9) feet.
E. All shrubs and trees shall be set back a minimum of three (2) feet from the edge of the planting area
for sight line and safety purposes.
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F. Low-impact development techniques, such as open grid pavers, porous asphalt, pervious concrete,
or precast pervious concrete slabs are encouraged, subject to approval of the Planning Board.
G. For parking lot areas with greater than five hundred (500) square feet of planted area, planted areas
may include bioswales, rain gardens, and other green stormwater management techniques that direct,
collect, and filter water naturally from the parking lot and its surrounding hardscape, subject to
approval of the Planning Board.
617.12 BUFFERS
617.12-1 Purpose. The primary purpose of buffers is to eliminate views and minimize adverse impacts
from traffic, noise, and glaring light from adjacent areas.
617.12-2 General Requirements
A. Buffer plantings shall be provided in addition to other landscaping as required by Section
617.10.
B. Buffers are required in the following locations:
1. Along edges where commercial uses or parking abuts adjacent single-family residential
zones.
2. Along all lot lines separating any building from utility or telecommunication equipment.
C. Buffer widths shall be in addition to any required building setbacks.
D. The location and design of buffers shall consider the building being screened, its distance from
the lot line and differences in elevations grade.
E. No structure, activity, storage of materials, or parking of vehicles shall be permitted within a
buffer.
F. Buffers shall be identified on site and subdivision plans.
617.12-3 Along edges that abut single-family residential zones or uses, buffers shall be a minimum of
10 feet, and consist of a living fence, comprised of a combination of:
A. Shade/ornamental trees, shrubs, ornamental grasses, and/or other plantings; and
B. Decorative fencing or a masonry wall. Fences shall have a minimum height of six (6) feet and a
maximum height of eight (8) feet. Buffers shall be designed to achieve 80% opacity within a height
of six (6) feet after five (5) years growth.
617.12-4 Buffers along lot lines, utilities, or telecommunication equipment shall have a minimum
width of five (5) feet and consist of a living fence, comprised of a combination of:
A. Shrubs, ornamental grasses, and/or other plantings; and
B. Decorative fencing or a masonry wall. Fences shall have a minimum height of six (6) feet and a
104
maximum height of eight (8) feet. Buffers shall be designed to achieve 80% opacity within a height
of six (6) feet after five (5) years growth.
617.13 FENCES AND WALLS
A. Fences and walls are to be used solely for the screening and buffering purposes provided in other
sections of this chapter, in addition to their use on the perimeter of private patios and courts,
recreational areas and other sensitive areas deemed appropriate by the Planning Board. All approved
fences and walls shall be designed as integrated parts of the overall architectural and site designs.
B. Chain link fences are prohibited. Permitted fence styles include wrought iron, board-on-board and
other decorative styles approved by the Planning Board.
C. Concrete masonry unit/cinder block wall veneers are prohibited. Permitted wall veneer materials
include brick, polished or unfinished stone, architectural paneling and other materials approved by the
Planning Board.
D. Fences and walls shall not be located where they impede pedestrian or bicycle circulation through
or between site areas.
E. No hedge, wall or fence of any type shall be erected or maintained if it is deemed a safety hazard by
obstructing the view of motorists.
F. Fences and walls not used for buffering purposes shall have a maximum height of six (6) feet.
617.14 PARKING STANDARDS
Off-street parking standards shall comply with the requirements of Article 8 of the Land Development Code,
except as modified herein.
617.14-1 Off-street Parking Standards
A. Off-street surface parking lots shall be located to the rear of principal buildings or to the side.
Surface parking shall not be located between a building and a street.
B. Parking shall comply with all setback requirements. Under no conditions shall parking in the
side yard shall not be located ahead of the front façade of the building.
C. Parking may be located on the ground floor of a building but may not front on a public street.
D. Parking that is visible from the public street or adjacent residential use shall be sufficiently
screened with a combination of fencing, shrubs, trees, and/or plantings.
617.14-2 Shared Parking
A. All developments shall provide a shared parking access easement to adjoining properties within
105
the VG district for vehicular circulation between properties and access to shared off-street parking
areas.
B. Property owners are permitted to reduce the required number of parking spaces by up to 25%
for mixed-use buildings or creating shared parking between adjacent uses. Property owners shall
comply with the provisions of Section 803 when applying for a reduction in the required number of
parking spaces.
617.15 CIRCULATION STANDARDS
617.15-1 Vehicular Circulation.
A. Where necessary, one ingress/egress driveway shall be permitted every 200 feet of street
frontage.
B. Wherever possible, driveways closer than 50 feet to intersections should be avoided.
C. Driveways shall be 12 feet for one-way access and 24 feet for two-way access. Driveways shall
not exceed 24 feet in width unless deemed necessary for safe pedestrian and vehicular circulation.
D. New curb cuts shall only be permitted if it is demonstrated:
1. Access is not possible from a side street,
2. Access cannot be gained through a shared drive with a neighboring property, or
3. Access cannot be gained through a cross easement with a neighboring property.
617.15-2 Pedestrian Circulation.
A. Sidewalks shall be required to connect the street frontage to all front building entrances, parking
areas, plazas, other usable open space areas, and any other destination that generates pedestrian
traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian
destinations.
B. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10 feet. In
all other areas, sidewalks shall have a minimum unimpeded width of 5 feet.
C. Sidewalks and pedestrian plazas shall be constructed of durable, attractive materials like brick,
stone, pavers, or stamped concrete. Sidewalk materials shall be continued across curb cuts where
possible.
D. All pedestrian crossings on roads or in parking areas shall use material differences or markings
(e.g. inlaid thermal plastic, paint, stamped concrete, pavers) that make them easy to view and
distinguish them from the rest of the roadway.
617.16 STORMWATER MANAGEMENT AND ENVIRONMENTAL DESIGN
106
617.16-1 Stormwater Management. Developments that cannot comply with the requirements of Article
6 of the Land Development Ordinance regarding stormwater management are permitted to seek a
variance or waiver of the regulations provided an acceptable mitigation plan is submitted and
approved. Criteria for acceptable mitigation plans are specified in the Green Brook Township
Stormwater Management Plan.
617.16-2 Environmental Design. The following environmentally sustainable features are permitted to
be incorporated into the site and building design of any new or existing development:
A. Solar panels (electric and hot water)
B. Skylighting that allows building to take advantage of natural light during the day and natural
heat during cold months
C. Solar screening that allows for natural cooling during warm months
D. Green or vegetative roofs
E. Highly reflective and highly emissive roofing material
F. Greywater systems such as cisterns and rain barrels for use in landscape irrigation and toilets
G. Drought tolerant, noninvasive, native landscape species
H. Porous pavement
I. Light emitting diode (LED) lighting
J. Bioswales and rain gardens
618
VILLAGE COMMERCIAL DISTRICT
618.1
GENERAL
618.1-1 Vision/Purpose
The Village Commercial district is intended to create pedestrian-oriented development in and around
the intersection of Greenbrook Road and Washington Avenue. The following regulations are
intended to encourage commercial and mixed-use residential development that encourages people to
walk and bike to and around the district. These district standards are meant to encourage
development with access from the main street with parking and loading in the side and rear yards.
Development should be of the highest quality and should support the goal of creating a village center
that architecturally enhances the residential character of the rest of the Village. These standards are
intended to support the creation of a safe and comfortable pedestrian network that connects the
Village Commercial District to the Village Gateway District, the Residential/Office Village
Commercial District, as well as surrounding civic amenities and schools. The frontage requirements
107
are intended to ensure that the pedestrian realm is safe and enjoyable to walk through.
618.1-2 Applicability
A. The standards of this section are applicable to all properties within the boundaries of
the VC (Village Commercial) zoning district as shown on the official zoning map of the
Township of Green Brook (see Section 202). Said location and boundaries have been
selected to be consistent with the policies in the Master Plan.
B. The standards of this section have been designed to be applicable to all developments,
re-developments, and infill developments within the boundaries of the designated
district that are subject to Land Use Board approval.
C. The Form and Design Standards contained in Section 618.6 are applicable to all
structures within the district.
D. Nothing in this section shall be deemed to permit any lands, buildings, structures, or
development in any area not permitted by the New Jersey Department of
Environmental Protection, or any other agency, which may be given authority over
such matters, pursuant to the Flood Hazard Area Control Act N.J.S.A. 58:16A.
618.2 USES
618.2-1 Permitted Uses
§
USES
A
COMMERCIAL SERVICES
1
Bars, brewpubs, and microbreweries
P
2
Business offices
P
3
Day care centers
P
4
Medical offices, clinics, and immediate care facilities
P
5
Product service establishments
P
6
Professional offices
P
7
Recreational facilities
P
8
Restaurants, cafes, coffeehouses and eateries
P
9
Retail food establishments
P
10
Retail sales
P
11
Retail services
P
12
Specialty grocery store
P
13
Banks
P
B
GOVERNMENT/CIVIC/INSTITUTIONAL
1
Government buildings and public utility offices
P
2
Cultural uses
P
3
Public/Semi-public open space
P
4
Community centers
P
P = Permitted
108
618.2-2 Conditional Uses
A. Residential uses are permitted on the condition that they occur in one of the permitted
building types. For a list of permitted building types, see Section 618.3
PERMITTED BUILDING TYPES. Residential uses permitted within a specific
Building Type shall conform to the standards provided in the Building Type
definitions. To identify building types that permit residential uses, see the definition
of building types in Section 618.3-1. Residential Uses that yield five (5) or more new
dwelling units, shall provide a minimum affordable housing set-aside of fifteen (15%)
percent if the affordable units will be for rent and minimum of twenty (20%) percent
if the affordable units will be for sale in accordance with the Green Brook Township-
Wide Set-Aside Ordinance.
618.2-3 Permitted Accessory Uses
A. Signs, subject to the provisions of Article 9
B. Fences and landscaping, subject to the provisions of Article 10
C. Off-street parking facilities
D. Trash enclosures
E. Mailboxes, Drop-boxes
F. Restaurants, Outdoor
618.2-4 Prohibited Uses
Any use not explicitly permitted is prohibited, including, but not limited to:
A. Check Cashing businesses
B. Massage Parlors
C. Kennels
D. Uses requiring storage or display of goods outside a fully enclosed building
109
E. Lumber yards
F. Sexually oriented businesses
G. Tattoo, body piercing or branding establishments
H. Manufacturing and other commercial uses deemed to be hazardous in the building
code
I. Auto-oriented businesses
J. Drive-through establishments
K. Pawn Shops
L. Funeral Homes
M. Hotels/Motels
618.3 PERMITTED BUILDING TYPES
Definitions for the following building types can be found in Section 618.3-1. The following table identifies
which building types are permitted on each Frontage Type within the Village Commercial District. For lots
with both commercial and residential frontage, the uses permitted for either frontage are permitted on the
full lot, provided that vehicular access is restricted to the commercial frontage street in accordance with
Section 618.7-3.
For more information on Frontage Types, see Section 618.7. For a map of frontage types, see Figure 1.
Figure 1: Frontage Type Map
110
§
Building Types
Commercial
Residential
618.3-1 Building Types
Frontage
Frontage
A
Civic
P
P
B
Mixed-use
P
NP
C
Pedestrian-accessible commercial
P
NP
D
Single-family detached
NP
NP
P = Permitted, NP = Not Permitted
111
Civic Building. A building that contains governmental, civic, or institutional uses. They are typically
significant buildings that may have large setbacks, monumental and unique design characteristics, public art
installations, and/or public space. Examples include courthouses, government administrative offices,
schools, libraries, community centers, and museums. They do not contain commercial, residential, or
industrial uses and are typically fully detached.
Mixed-Use Building. A multi-story building with residential or office units on the upper floors and retail or
other active uses on the ground floor. All uses are integrated in a single building, with upper floors typically
serviced by their own entrance. Access to ground floor uses is provided from the primary street frontage.
Parking is permitted inside the ground floor of the building but may not abut the primary public frontage.
Pedestrian-Accessible Commercial Building. A single or multi-story building designed for retail or office
uses. Buildings have active ground floor uses with primary access on the street frontage side of the building,
with additional access from the off-street parking side of the building. They may be walkups or elevator
buildings. Common entrances and other spaces may be shared. Parking may not abut the primary street
frontage. Drive-thrus are not permitted.
618.4 LOT REQUIREMENTS
Minimum lot requirements for all building types permitted in the VC district are as follows:
§
Standard
112
A
Minimum Lot Width
140’
B
Minimum Lot Depth
135’
C
Minimum Lot Size
18,900 ft2
D
Maximum Building Coverage
50%
E
Maximum Impervious Coverage
85%
618.5 SETBACKS
§
Standard
A
Build-to Line (Commercial Frontage)
40’
B
Build-to Line, Occupancy Rate
70%
Minimum Front Yard Setback (Residential
C
Frontage)
40’
D
Side Yard Setback
10’ min.
E
Rear Yard Setback
10’ min.
F
Parking Setback from Build-to Line
10’ min.
618.5-1 Setbacks and Encroachments
A. A building may be set back up to 20 feet from the build-to line in order to
accommodate an outdoor eating area, plaza, or other public open space. In order to
preserve the continuity of the street wall, a permanent low-lying screening wall, fence,
series of planters, or similar design element must be provided at the required build-to
line.
B. Patios must respect setback requirements.
C. Awnings, upper floor balconies and bay windows may encroach into setbacks up to 3
feet
618.6 FORM STANDARDS
The following form standards shall generally apply to all construction within the district, subject to review and
approval by the Land Use Board. Deviations from these standards shall be considered by the Board as waivers:
§
Standard
MIN
MAX
A
Building Height
36’ / 3 stories
B
Ground Floor Height
12’
20’
C
Distance Between Vertical Breaks
10’
24’
113
D
Distance Between Roofline Offsets
24’
50’
E
Roofs
1
Roof Pitch (Gabled)
6:12
9:12
2
Roof Pitch (Hipped)
4:12
6:12
3
Eave Overhang
1’
F
Flat Roof Permitted
Permitted for building of more than 2 Stories
618.6-1
Permitted Building Elements
§
Standard
A
Awnings
P
B
Balconies
P
C
Bay Windows
P
D
Dormers
P
E
Cupolas
P
F
Porches
NP
P = Permitted, NP = Not Permitted
618.6-2 Massing and variation
A. Buildings shall avoid long, uninterrupted walls or roof planes. Facades shall be broken
up horizontally and vertically using material changes or offsets as prescribed in Section
618.6.
B. Architectural elements that add visual interest to roofs, such as dormers, masonry
chimneys, cupolas, clock towers, and other similar elements are encouraged.
618.6-3 Roofs
A. Buildings shall have gabled, hipped, or flat roofs. Mansard roofs are prohibited.
B. Where flat roofs are permitted, the rooftops must be visually articulated with a parapet
or cornice.
C. Gabled and hipped roofs shall provide overhanging eaves on all sides that extend 1 foot
beyond the building wall.
D. Building roofs are to be uncluttered. Vertical roof projections such as vents, stacks,
elevator mechanical rooms, or roof-mounted equipment shall be integrated into the
architecture. All penetrations through the roof (e.g. mechanical equipment or skylights)
shall be organized in a manner that is integral to the architectural form of the building
and completely screened from view by parapet walls or an approved enclosure. The
screen shall reflect and complement the architecture of the building.
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618.6-4 Orientation
A. Building fronts shall be oriented to the primary street upon which the structure is sited.
For corner lots, buildings should be oriented to both street fronts.
B. Should a property have 60’ feet or more of frontage onto a Commercial Street, the
property should be oriented towards that frontage and the standards for that Frontage
Type apply.
618.6-5 Building Arrangement
A. Buildings shall be arranged and clustered to maximize opportunities for shared parking,
circulation, loading, pedestrian walks, walls, and plazas.
618.6-6 Building access
A. All buildings shall have pedestrian access on both the street frontage side of the building
(front) and the off-street parking side (rear) of the building. Corner buildings shall have
at least one entrance addressing each street front where possible.
B. For mixed-use buildings, retail and residential entrances should be separated and
differentiated in location as well as articulation so that there is a clear distinction
between them.
C. Pedestrian entrances fronting primary streets should be clearly defined and highly
visible. Ground floor businesses and storefronts should use architectural features and/or
pedestrian-oriented amenities at the street (e.g. display windows, awnings, canopies,
overhangs, recessed/protruding).
618.6-7 Windows and fenestration
A. There are to be no blank facades. All facades must provide windows as prescribed in
Section 618.7-4.
B. Windows shall be un-tinted. Mirrored or reflective glass is not permitted.
C. Windows shall be vertically proportional to the size of the structure. Whenever possible,
upper story windows shall be vertically aligned with lower story windows.
D. Ground floor façades of retail, restaurant, and related uses facing a street shall have
windows providing views of display areas and/or the building interior.
1. These ground floor windows shall begin between 2 and 3 feet above ground
level and end 10 feet above ground level.
2. Display windows for ground floor storefronts shall not be blocked with
merchandise or interior merchandise display.
618.6-8 Ground floors
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A. For multi-story buildings, the ground level façade should have a distinctive look from the
façade of the floor levels above. This can be achieved by using different architectural
elements such as cornice lines, building material changes, trim accents, lighting, awnings,
and/or projections.
B. All non-residential floor space provided on the ground floor of a mixed-use building must
have a minimum floor-to-ceiling height of 12 feet, excluding ground floor parking.
618.6-9 Lighting
A. Facades shall be internally or externally illuminated. Lights should be properly shielded or
recessed behind architectural features so they do not shine directly on or into a building on an
abutting property. No light, except streetlights, shall shine directly onto public roads.
B. Light fixtures attached to the exterior of any building shall be architecturally compatible
with the surrounding area lighting.
C. Decorative lighting, including but not limited to string lighting (e.g. bistro lights) and
building or tree up-lighting, is permitted with approval from the Planning Board.
618.6-10 Utilities Screening
A. All HVAC and telecommunication systems must be screened from public view and from
view of adjacent properties. Screens must be designed to be architecturally compatible
with the principal building.
618.7 FRONTAGE REQUIREMENTS
618.7-1 Purpose. Frontage Types are integral to creating the appropriate nexus between the public and
private realms. They provide uniform rules for how a private building and public street
interact, and help establish a vision for how a street or block should look and function. Such
rules allow the vision and goals of the Township be realized over time through incremental
development and changing architectural styles and materials.
618.7-2 Intent. Frontage requirements will provide for a substantial landscaped buffer, street trees, planters,
and other streetscaping elements to protect pedestrians from automobile traffic and provide a
pleasant pedestrian environment throughout the Village Commercial district. Wide sidewalks
and active ground floor uses will encourage walkability and reduce the number of vehicle
trips needed to visit the different uses within the VC district.
618.7-3 Frontage types. Frontage requirements are based on the type of roadway and character of proposed
and adjacent land uses. There are two types of frontages within the Village Commercial
District:
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A. Commercial Frontage. The Commercial Frontage Type is meant to create a safe and
attractive pedestrian environment along corridors that have primarily commercial uses
on the ground floor of buildings. This frontage type is characterized by wide sidewalks,
with amenities such as planters, street trees, street lighting, and street furniture all
present in the front yard. Businesses may have sidewalk cafés or pop-out café windows
in the front or side yard to bring additional energy to the street front. Branding signage is
permitted.
B. Residential Frontage. The Residential Frontage Type creates a transition from the
Village Center to nearby single-family neighborhoods. This frontage type contains some
of the same streetscaping elements, including street trees and street lighting, but fewer
public realm amenities than the Commercial Frontage Type. Front yards are primarily
residential in character (e.g. front lawn, landscaping, and porches). Vehicular access is
restricted to Commercial Frontage for any lot that contains both Commercial and
Residential Frontage.
618.7-4
Frontage Requirements
The following standards shall be applied to all buildings, depending on the Frontage Type, as illustrated in
Figure 1.
Figure 1: Frontage Type Map
117
FRONTAGE TYPE
§
Standard
Commercial Frontage
Residential Frontage
A
Ground Floor Use
Retail or “Active”
“Active”
B
Transparency, Ground Floor
60-75%
25%
C
Transparency, Upper Floors
40%
20%
D
Step back Required
N/A
N/A
E
Step back Requirements
N/A
N/A
F
Public Realm Elements
1
Benches
1 every 100 linear feet
N/A
2
Bike Racks
1 per building entrance
N/A
3
Planters
Avg. 25’ on center
N/A
4
Trash Receptacles
1 per 150 linear feet
N/A
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618.7-5 Commercial Frontage Requirements.
A. A 20-foot wide landscaped buffer shall be provided between the street curb and sidewalk.
When a building fronts on a highway (per the Master Plan definition), the landscape
buffer shall be increased to 40 feet. This buffer may consist of grasses, shrubs, and
plantings. Street trees, planters, benches, and street lighting shall be located in this buffer.
B. A 10-foot wide buffer shall be provided between the sidewalk and building façade. The
buffer may consist of outdoor café seating, hardscaping, planters, low walls, fencing,
decorative architectural elements, plantings, shrubs, ornamental grasses, or similar
landscaping.
C. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10
feet.
D. Outdoor cafes are permitted in the front or side yard, provided that a minimum of 5 feet
of pedestrian clearance is provided for sidewalks and entrances remain unimpaired. Pop-
out café windows are encouraged.
E. Plazas are permitted to front onto the street and must include amenities such as fountains,
public art, gazebos, shade trees/structures, trash receptacles, benches, lights, trellises, or
other similar features. All plazas are subject to Planning Board approval.
F. Public open spaces including plazas, pedestrian walkways, and outdoor cafes must front
on a public street.
G. Street furniture shall be decorative, functional, properly scaled to the space, and
consistent in style with the street furniture in this and surrounding district. All street
furniture shall be subject to Planning Board approval.
618.7-6 Residential Frontage Requirements
A. A 20-foot wide landscaped buffer shall be provided between the street curb and sidewalk.
This buffer may consist of grasses, shrubs, plantings, green infrastructure, and/or pervious
pavers. Street trees and street lighting shall be located in this buffer.
B. A front yard a minimum of 10 feet in depth shall be provided between the sidewalk and
the building. The front yard shall not be hardscaped, except for areas designated for
pedestrian or vehicular circulation. Front yard landscaping may consist of natural grass
lawns, decorative grasses, shrubs, plants, and decorative rocks or stones.
C. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10
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feet.
618.8 STREET TREES
A. Street trees shall be provided along all existing or proposed public streets along the public
frontage and are in addition to other required plantings (Section 618.10).
B. Trees shall be spaced an average of 50 feet on center. To determine the required number of
street trees, the linear frontage of public frontage shall be divided by the required planting
interval, without deducting areas for driveway curb cuts or crosswalks. Trees shall be
planted as evenly as possible given site constraints such as driveways or crosswalks.
C. Tree pits shall be at least one-third (1/3) larger in width and in depth than the existing root
ball of the particular tree to be planted.
D. Acceptable tree species shall be no more than 25 feet at mature height to reduce conflicts
with overhead utility lines.
618.9 STREET LIGHTING
A. Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the
public, as well as one for every 70 feet of street frontage. Pedestrian light fixtures shall
have a maximum mounting height of 14 feet.
B. All lighting fixtures shall utilize HADCO Decorative Lighting – Contempo II mounted on a
HADCO Contempo decorative pole – or approved equal.
C. All lighting designs and installations are subject to review and approval by the Township
Engineer.
618.10 LANDSCAPING
A. All landscaping is subject to approval and maintenance requirements as outlined in Sections
1001.1 and 1001.2.
B. Landscaping is required in all designated setback/buffer areas, parking lots, and areas around
buildings not used for ingress/egress. The type of landscaping required/permitted based on
frontage type.
C. Landscaping is permitted to be integrated with other site design elements, where appropriate,
such as paths and walkways, foundations, water features, trellises, pergolas, gazebos, fences,
walls, street furniture, and public art.
D. Plantings shall be drought tolerate, noninvasive, and native species.
618.11 PARKING LOT LANDSCAPING
A. All parking lots shall provide a minimum of 150 square feet of planted area per every ten
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parking spaces. Subject to the approval of the Planning Board, these planted areas may be
single or double bay planting islands, diamond tree pits, or planting medians.
B. Planting areas shall be a minimum of 4 feet wide and contain a minimum of one (1) shade
tree along with shrubs, ground cover, grasses and/or perennials, so as to cover the entire area
when installed.
C. Islands shall be placed opposite each other in adjacent rows of parking in order to reduce the
number of raised islands and increase the area available for tree roots.
D. The last parking stall in a row shall be separated from drive aisles by a planting island with a
minimum width of nine (9) feet.
E. All shrubs and trees shall be set back a minimum of three (2) feet from the edge of the
planting area for sight line and safety purposes.
F. Low-impact development techniques, such as open grid pavers, porous asphalt, pervious
concrete, or precast pervious concrete slabs are encouraged, subject to approval of the
Planning Board.
G. For parking lot areas with greater than five hundred (500) square feet of planted area, planted
areas may include bioswales, rain gardens, and other green stormwater management
techniques that direct, collect, and filter water naturally from the parking lot and its
surrounding hardscape, subject to approval of the Planning Board.
618.12 BUFFERS
618.12-1 Purpose. The primary purpose of buffers is to eliminate views and minimize adverse impacts from
traffic, noise, and glaring light from adjacent areas.
618.12-2 General Requirements
A. Buffer plantings shall be provided in addition to other landscaping as required by Section
618.10.
B. Buffers are required in the following locations:
1. Along edges where abut adjacent single-family residential zones or uses.
2. Along all lot lines separating any building from utility or telecommunication
equipment.
3. Along property lines that abut conservation areas
C. Buffer widths shall be in addition to any required building setbacks.
D. The location and design of buffers shall consider the building being screened, its distance
from the lot line and differences in elevations grade.
E. No structure, activity, storage of materials, or parking of vehicles shall be permitted within a
121
buffer.
F. Buffers shall be identified on site and subdivision plans.
618.12-3 Along edges that abut single-family residential zones or uses, buffers shall be a minimum of 10
feet.
A. Buffers shall consist of a combination of shade/ornamental trees, shrubs, ornamental grasses,
and/or other plantings.
B. Decorative fencing or a masonry wall may be permitted, subject to Planning Board approval.
Fences shall have a minimum height of six (6) feet and a maximum height of eight (8) feet.
618.12-4 Buffers along lot lines, utilities, or telecommunication equipment shall have a minimum width of
five (5) feet and consist of a living fence, comprised of a combination of:
A. Shrubs, ornamental grasses, and/or other plantings; and
B. Decorative fencing or a masonry wall. Fences shall have a minimum height of six (6) feet and a
maximum height of eight (8) feet. Buffers shall be designed to achieve 80% opacity within a
height of six (6) feet after five (5) years growth.
618.12-5 Buffers/setbacks along edges adjacent to conservation areas shall conform Federal, State and local
laws for environmentally regulated spaces.
A. All buffers along natural areas shall use the existing tree line as a natural buffer to the greatest
extent possible.
B. All natural areas shall be protected by a conservation easement and shall not violate any Federal,
State, and/or local regulations governing these areas.
618.13 FENCES AND WALLS
A. Fences and walls are to be used solely for the screening and buffering purposes provided in
other sections of this chapter, in addition to their use on the perimeter of private patios and
courts, recreational areas and other sensitive areas deemed appropriate by the Planning Board.
All approved fences and walls shall be designed as integrated parts of the overall architectural
and site designs.
B. Chain link fences are prohibited. Permitted fence styles include wrought iron, board-on-board
and other decorative styles approved by the Planning Board.
C. Concrete masonry unit/cinder block wall veneers are prohibited. Permitted wall veneer
materials include brick, polished or unfinished stone, architectural paneling and other materials
approved by the Planning Board.
D. Fences and walls shall not be located where they impede pedestrian or bicycle circulation
through or between site areas.
122
E. No hedge, wall or fence of any type shall be erected or maintained if it is deemed a safety
hazard by obstructing the view of motorists.
F. Fences and walls not used for buffering purposes shall have a maximum height of six (6) feet.
618.14 PARKING STANDARDS
Off-street parking standards shall comply with the requirements of Article 8 of the Land Development Code,
except as modified herein.
618.14-1 Off-street Parking Standards
A. Off-street surface parking lots shall be located to the rear of principal buildings or to the side.
Surface parking shall not be located between a building and a street.
B. Parking shall comply with all setback requirements. Under no conditions shall parking in the side
yard be located ahead of the front façade of the building.
C. Parking that is visible from the public street or adjacent residential use shall be sufficiently
screened with a combination of fencing, shrubs, trees, and/or plantings.
D. Parking may be located on the ground floor of a building but may not front on a public street.
618.14-2 Shared Parking
A. All developments shall provide a shared parking access easement to adjoining properties within
the VC district for vehicular circulation between properties and access to shared off-street parking
areas.
B. Property owners are permitted to reduce the required number of parking spaces by up to 25% for
mixed-use buildings or creating shared parking between adjacent uses. Property owners shall
comply with the provisions of Section 803 when applying for a reduction in the required number
of parking spaces.
618.15 CIRCULATION STANDARDS
618.15-1 Vehicular Circulation.
A. Where necessary, one ingress/egress driveway shall be permitted every 200 feet of street frontage.
B. Wherever possible, driveways closer than 50 feet to intersections should be avoided.
C. Driveways shall be 12 feet wide for one-way access and 24 feet for two-way access. Driveways
shall not exceed 24 feet in width unless deemed necessary for safe pedestrian and vehicular
circulation.
D. Curb Cuts. New curb cuts shall only be permitted if it is demonstrated:
1. Access is not possible from a side street,
2. Access cannot be gained through a shared drive with a neighboring property, or
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3. Access cannot be gained through a cross easement with a neighboring property.
618.15-2 Pedestrian Circulation.
A. Sidewalks shall be required to connect the street frontage to all front building entrances, parking
areas, plazas, other usable open space areas, and any other destination that generates pedestrian
traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby
pedestrian destinations.
B. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10 feet. In all
other areas, sidewalks shall have a minimum unimpeded width of 5 feet.
C. Sidewalks and pedestrian plazas shall be constructed of durable, attractive materials like brick,
stone, pavers, or stamped concrete. Sidewalk materials shall be continued across curb cuts where
possible.
D. All pedestrian crossings on roads or in parking areas shall use material differences or markings
(e.g. inlaid thermal plastic, paint, stamped concrete, pavers) that make them easy to view and
distinguish them from the rest of the roadway.
618.16 STORMWATER MANAGEMENT AND ENVIRONMENTAL DESIGN
618.16-1 Stormwater Management. Developments that cannot comply with the requirements of Article 6
of the Land Development Ordinance regarding stormwater management are permitted to seek a
variance or waiver of the regulations provided an acceptable mitigation plan is submitted and
approved. Criteria for acceptable mitigation plans are specified in the Green Brook Township
Stormwater Management Plan.
618.16-2 Environmental Design. The following environmentally sustainable features are permitted to be
incorporated into the site and building design of any new or existing development:
A. Solar panels (electric and hot water)
B. Skylighting that allows building to take advantage of natural light during the day and natural heat
during cold months
C. Solar screening that allows for natural cooling during warm months
D. Green or vegetative roofs
E. Highly reflective and highly emissive roofing material
F. Greywater systems such as cisterns and rain barrels for use in landscape irrigation and toilets
G. Drought tolerant, noninvasive, native landscape species
H. Porous pavement
I. Light emitting diode (LED) lighting
J. Bioswales and rain gardens
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Section 5. “The Zoning Ordinance Of The Township Of Green Brook”, Article 6 “Zone District
Regulations”, is hereby amended by adding the following, Section 619 “Residential/Office Village
Commercial District”.
619
RESIDENTIAL/OFFICE VILLAGE COMMERCIAL DISTRICT
619.1 GENERAL
619.1-1
Vision/Purpose
The Residential/Office Village Commercial District is intended to create a transition zone between the
Village Commercial District and nearby neighborhoods. The district regulations allow for a mix of office
and residential uses to provide an opportunity for new office uses to find a home in the Village at Green
Brook without substantially changing the built character of the area. These standards are also intended to
extend a safe and comfortable pedestrian network from other areas of the Village into adjacent
neighborhoods and civic amenities.
619.1-2 Applicability
A. The standards of this section are applicable to all properties within the boundaries of the
Residential/Office Village Commercial (RVC) zoning district as shown on the official zoning map
of the Township of Green Brook (see Section 202). Said location and boundaries have been
selected to be consistent with the policies in the Master Plan.
B. The standards of this section have been designed to be applicable to all developments, re-
developments, and infill developments within the boundaries of the designated district that are
subject to Land Use Board approval.
C. The Form and Design Standards contained in Section 619.6 are applicable to all structures within
the district.
D. Nothing in this section shall be deemed to permit any lands, buildings, structures, or development
in any area not permitted by the New Jersey Department of Environmental Protection, or any
other agency, which may be given authority over such matters, pursuant to the Flood Hazard Area
Control Act N.J.S.A. 58:16A.
619.2 USES
619.2-1 Permitted Uses
§
USES
125
A
COMMERCIAL SERVICES
1
Business offices
P
2
Home professional offices
P
3
Medical offices
P
4
No-impact home based offices
P
5
Professional offices
P
P = Permitted
619.2-2 Conditional Uses
E. Residential uses are permitted on the condition that they occur in one of the permitted building
types. For a list of permitted building types, see Section 619.3 PERMITTED BUILDING
TYPES. Residential uses permitted within a specific Building Type shall conform to the standards
provided in the Building Type definitions. To identify building types that permit residential uses,
see the definition of building types in Section 301 DEFINITIONS.
619.2-3
Permitted Accessory Uses
A. Home professional offices and/or no-impact home based offices are permitted above private
garages associated with single-family detached houses, or in freestanding garage or storage
structures. There is a limit of one home office per principal dwelling units.
B. Private garages, as an incidental structure secondary to a residential use
C. Signs, subject to the provisions of Article 9
D. Fences and landscaping, subject to the provisions of Article 10
E. Other normal, incidental residential secondary structures such as private garages, tool sheds,
swimming pools, outdoor barbecues, fireplaces, trellises, lampposts, or the like.
F. Off-street parking facilities, subject to the provisions of Article 8
G. Open decks and raised patios
619.2-4 Prohibited Uses
Any use not explicitly permitted is prohibited, including, but not limited to:
A. Check Cashing businesses
B. Massage Parlors
C. Kennels
D. Uses requiring storage or display of goods outside a fully enclosed building
E. Lumber yards
F. Sexually oriented businesses
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G. Tattoo, body piercing or branding establishments
H. Manufacturing and other commercial uses deemed to be hazardous in the building code
I. Auto-oriented businesses
J. Drive-through establishments
K. Pawn Shops
L. Funeral Homes
M. Hotels/Motels
619.3 PERMITTED BUILDING TYPES
Definitions for the following building types can be found in Section 619.3-1. The following table identifies
which building types are permitted on each Frontage Type within the Residential/Office Village
Commercial District. For more information on Frontage Types, see Section 619.7. For a map of frontage
types, see Figure 1.
Figure 1: Frontage Type Map
127
§
Building Types
Residential
Frontage
A
Civic
NP
B
Mid-rise, residential
NP
C
Mixed-use
NP
D
Pedestrian-accessible commercial
NP
E
Single-Family detached
P
P = Permitted, NP = Not Permitted
619.3-1 Building Types
Single-Family Detached Building. A detached single family home on its own individual lot, originally
designed to be used exclusively by one family. Depending on the zone, non-residential uses, such has a
home based occupation or professional offices, may be permitted to occupy this type of structure.
619.4 LOT REQUIREMENTS
Minimum lot requirements for all building types permitted in the RO district are as follows:
§
Standard
A
Minimum Lot Width
40’
B
Minimum Lot Depth
80’
C
Minimum Lot Size
3,200 ft2
D
Building Coverage
25%
E
Impervious Coverage
35%
128
619.5 SETBACKS
§
Standard
A
Front Yard Setback
50’ min
B
Side Yard Setback
5’ min.
C
Rear Yard Setback
25’ min.
D
Parking Setback from Build-to Line
10’ min.
E
Accessory Structure Setback from Build-to Line
25’ min.
619.5-1 Setbacks and Encroachments
A. Free standing private garages, garden sheds, decks, porches, patios, and other similar
structures must respect setback requirements.
B. Awnings, upper floor balconies, and bay windows may encroach into setbacks up to 3 feet.
619.6 FORM STANDARDS
§
Standard
MIN
MAX
A
Building Height
35’ / 2½ stories
B
Ground Floor Height
10’
C
Finished Floor Elevation
18”
D
Distance Between Vertical Breaks
10’
24’
E
Distance Between Roofline Offsets
10’
40’
F
Roofs
1
Roof Pitch (Gabled)
6:12
9:12
2
Roof Pitch (Hipped)
4:12
6:12
3
Eave Overhang
1’
F
Flat Roof Permitted
Not Permitted
619.6-1 Permitted Building Elements
§
Building Elements
A
Awnings
NP
B
Balconies
P
C
Bay Windows
P
D
Dormers
P
E
Cupolas
NP
F
Porches
P
P = Permitted, NP = Not Permitted
619.6-2 Massing and variation
A. Buildings shall avoid long, uninterrupted walls or roof planes. Facades and rooflines shall be
129
broken up vertically using material changes or offsets as prescribed in Section 619.6.
B. Architectural elements that add visual interest to roofs, such as dormers, masonry chimneys,
and other similar elements are encouraged.
619.6-3 Roofs
A. Buildings shall have gabled or hipped roofs. Mansard roofs are prohibited.
B. Gabled and hipped roofs shall provide overhanging eaves on all sides that extend 1 foot
beyond the building wall.
C. Building roofs are to be uncluttered. Vertical roof projections such as vents, stacks, elevator
mechanical rooms, or roof-mounted equipment shall be integrated into the architecture. All
penetrations through the roof (e.g. mechanical equipment or skylights) shall be organized in
a manner that is integral to the architectural form of the building and completely screened
from view by parapet walls or an approved enclosure. The screen shall reflect and
complement the architecture of the building.
619.6-4 Building Orientation
A. Building fronts shall be oriented to the primary street upon which the structure is sited.
619.6-5
Pedestrian Access
A. All building fronts shall have a primary pedestrian access (i.e. a front door) that fronts
onto the primary street.
619.6-6 Windows
A. There are to be no blank facades. All facades must provide windows as prescribed in Section
619.7-4.
B. Windows shall be un-tinted. Mirrored or reflective glass is not permitted.
C. Windows shall be proportional to the size of the structure. Whenever possible, upper story
windows shall be vertically aligned with lower story windows.
619.6-7 Lighting
A. Facades may be internally or externally illuminated. Lights should be properly shielded or
recessed behind architectural features so they do no shine directly on or into a building on an
abutting property. No light, except streetlights, shall shine directly onto public roads.
B. Light fixtures attached to the exterior of any building shall be architecturally compatible with
the primary structure.
619.6-8 Utilities Screening
A. All HVAC and telecommunication systems must be screened from public view and from
view of adjacent properties. Screens must be designed to be architecturally compatible with
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the principal building.
619.7 FRONTAGE REQUIREMENTS
619.7-1 Purpose
Frontage Types are integral to creating the appropriate nexus between the public and private realms. They
provide uniform rules for how a private building and public street interact, and help establish a vision for
how a street or block should look and function. Such rules allow the vision and goals of the Township be
realized over time through incremental development and changing architectural styles and materials.
619.7-2 Intent
Frontage requirements will provide for a substantial landscaped buffer, street trees, planters, and other
streetscaping elements to protect pedestrians from automobile traffic and provide a pleasant pedestrian
environment throughout the Residential/Office Village Commercial District. Wide sidewalks and
streetscaping will encourage walkability and reduce the number of vehicle trips needed to visit the different
uses within and around the district. The frontage requirements for the Residential/Office Village
Commercial District are presented in a similar format to the Village Gateway and Village Commercial
District standards for consistency.
619.7-3 Frontage types. Frontage requirements are based on the type of roadway and character of proposed
and adjacent land uses. There is one frontage type within the Residential/Office Village Commercial
District:
A. Residential Frontage. The Residential Frontage Type creates a transition from the Village
Center to nearby single-family neighborhoods. This frontage type contains some of the same
streetscaping elements, including street trees and street lighting, but fewer public realm
amenities than the Commercial Frontage Type. Front yards are primarily residential in
character (e.g. front lawn, landscaping, and porches).
619.7-4 Frontage Requirements
The following standards shall be applied to all buildings, depending on the Frontage Type, as illustrated in
Figure 1.
Figure 1: Frontage Type Map
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§
Standard
Residential Frontage
A
Transparency, Ground Floor
25%
B
Transparency, Upper Floors
20%
C
Step back Required
N/A
D
Step back Requirements
N/A
E
Public Realm Elements
1
Benches
N/A
2
Bike Racks
N/A
3
Planters
N/A
4
Trash Receptacles
N/A
619.7-5 Residential Frontage Requirements
A. A 10 foot wide landscaped buffer shall be provided between the street curb and sidewalk. This
buffer may consist of grasses, shrubs, plantings, green infrastructure, and/or pervious pavers.
Street trees and street lighting shall be located in this buffer.
B. A front yard a minimum of 10 feet in depth shall be provided between the sidewalk and the
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building. The front yard shall not be hardscaped, except for areas designated for pedestrian or
vehicular circulation. Front yard landscaping may consist of natural grass lawns, decorative
grasses, shrubs, plants, and decorative rocks or stones.
C. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10 feet.
619.8 STREET TREES
D. Street trees shall be provided along all existing or proposed public streets along the public
frontage and are in addition to other required plantings (Section 619.10).
E. Trees shall be spaced an average of 50 feet on center. To determine the required number of
street trees, the linear frontage of public frontage shall be divided by the required planting
interval, without deducting areas for driveway curb cuts or crosswalks. Trees shall be planted
as evenly as possible given site constraints such as driveways or crosswalks.
F. Tree pits shall be at least one-third (1/3) larger in width and in depth than the existing root ball
of the particular tree to be planted.
G. Acceptable tree species shall be no more than 25 feet at mature height to reduce conflicts with
overhead utility lines.
619.9 STREET LIGHTING
A. Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the
public, as well as one for every 70 feet of street frontage. Pedestrian light fixtures shall have a
maximum mounting height of 14 feet.
B. All lighting fixtures shall utilize HADCO Decorative Lighting – Contempo II mounted on a
HADCO Contempo decorative pole – or approved equal.
C. All lighting designs and installations are subject to review and approval by the Township
Engineer.
619.10 LAND SCAPING
A. All landscaping is subject to approval and maintenance requirements as outlined in Sections
1001.1 and 1001.2.
B. Landscaping is required in all designated setback/buffer areas, parking lots, and areas around
buildings not used for ingress/egress. The type of landscaping required/permitted based on
frontage type.
C. Landscaping is permitted to be integrated with other site design elements, where appropriate,
such as paths and walkways, foundations, water features, trellises, pergolas, gazebos, fences,
walls, street furniture, and public art.
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D. Plantings shall be drought tolerate, noninvasive, and native species.
619.11 PARKING STANDARDS
Off-street parking standards shall comply with the requirements of Article 8 of the Land Development Code,
except as modified herein.
i.
Off-street Parking Standards
A. Off-street parking spaces, excluding private driveways and attached garages, shall be located
to the rear of principal buildings or to the side. Surface parking shall not be located between a
building and a street.
B. Off-street surface parking shall comply with all setback requirements. Under no conditions
shall parking in the side yard be located ahead of the front façade of the building.
ii.
Shared parking. Shared parking is encouraged for adjacent office uses that require daily visitor
parking. Property owners may provide a shared parking access easement to adjoining properties to
accommodate shared parking lots.
619.12 CIRCULATION STANDARDS
iii.
Pedestrian Circulation
A. Along public street frontages, sidewalks shall have a minimum unimpeded width of 10 feet.
In all other areas, sidewalks shall have a minimum unimpeded width of 5 feet.
B. Sidewalks and pedestrian plazas shall be constructed of durable, attractive materials like
brick, stone, pavers, or stamped concrete. Sidewalk materials shall be continued across curb
cuts where possible.
C. All pedestrian crossings on roads or in parking areas shall use material differences or
markings (e.g. inlaid thermal plastic, paint, stamped concrete, pavers) that make them easy to
view and distinguish them from the rest of the roadway.
619.13 ENVIRONMENTAL DESIGN
A. The following environmentally sustainable features are permitted to be incorporated into the
site and building design of any new or existing development:
1. Solar panels (electric and hot water)
2. Skylighting that allows building to take advantage of natural light during the day and
natural heat during cold months
3. Solar screening that allows for natural cooling during warm months
4. Highly reflective and highly emissive roofing material
5. Greywater systems such as cisterns and rain barrels for use in landscape irrigation and
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toilets
6. Drought tolerant, noninvasive, native landscape species
7. Porous pavement
8. Light emitting diode (LED) lighting
620. AFFORDABLE HOUSING DISTRICT -AHD 5 DISTRICT.
620.1 STATEMENT OF PURPOSE.
In order to provide housing opportunities for lower-income families to meet the existing and anticipated
housing needs of such persons, to maintain a socio-economic mix in the community, to provide a range of
housing types dispersed throughout the community and to satisfy the Township's obligation to provide a fair
share of the region's housing needs, the Township Committee has determined that the provisions of this
Section shall be added to and form part of the zoning regulations of the Township of Green Brook.
620.2 DEFINITIONS.
Words and terms in this ordinance shall be deemed to have the meaning and definition as set forth in the
Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C 5:93, as the same may be
amended and supplemented, and in the event of any conflict, the definitions in said Substantive Rules shall
control.
620.2-1 Affordable Housing - A dwelling unit with a sales price or rent within the means of a low or
moderate-income household as defined N.J.A.C. 5:93.
620.2-2 Inclusionary development means a residential housing development in which a substantial
percentage of the housing units are provided for a reasonable income range of low, very low and
moderate-income households.
620.3 AFFORDABLE HOUSING DISTRICT 5. [AHD 5]
620.3-1 Block 122, Lots 1, 3, 4 and 4.01 . Should any portion of the above parcels be subdivided from
the overall tract for any purpose other than an inclusionary development, that portion shall be excluded
from the tract area for the purpose of calculating density.
620.3-2 Affordable Housing Projects. The tract specified in Section 620.3-1 may be developed with
up to a maximum of 6.0 units per acre for sale or rent on the condition that at least 20% of the units are
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reserved for affordable housing units. All affordable units shall comply with the Uniform Housing
Affordability Controls (UHAC), N.J.A.C. 5:80-26.1, et seq., the Township’s Housing Element and Fair
Share Plan, and applicable laws, with regards to moderate, low and very-low income qualification
percentages, bedroom count distribution, location within the development, and other applicable
requirements of law. Occupancy of units shall be subject to the requirements set forth in the
Developer’s Agreement for each project.
620.3-3 Permitted Uses.
620.3-3.1 Multi-family dwellings, townhouses, or stacked townhouses.
(a) “Stacked townhouse” shall mean a one-family dwelling unit attached in a row of at least three
such units in which each unit has its own access to the outside, and each unit is separated from any
other unit by one or more vertical and horizontal common fire-resistant walls or other such common
wall system or floor/ceiling assemblies as may be approved by the Township Code Enforcement
Officer.
(b) “Townhouse” shall mean a one-family dwelling unit attached in a row of at least three such
units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical common fire-
resistant walls or other such common wall system as may be approved by the Township Code
Enforcement Officer.
(c) “Residential Apartments or Flats” shall mean any building or portion thereof, which
is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the same, or
a residence of three or more families living independently of each other and doing their own cooking
in such building. The term includes flats and apartments.
620.3-3.2 Two-family dwellings, including both side-by side and duplex (one over an-other) style
dwellings.
620.3-3.3 Public or private parks and playgrounds.
620.3-3.4
Public or private recreation buildings and facilities.
620.3-4 Permitted Accessory Uses.
620.3-4.1 Garages and off-street parking facilities.
620.3-4.2 Storage and maintenance buildings.
620.3-4.3 Customary accessory structures approved as part of the site plan for the development,
including fences, walls, lampposts, trellises, cable T.V. services, gazebos, clustered mailboxes,
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school bus shelters, utility structures such as holding tanks and pumping stations, recycling container
structures and the like.
620.3-4.4 Signs: One (1) Non-illuminated or Externally illuminated Development name sign , not
exceeding 30 square feet each side, no taller than 6 feet, setback a minimum of 15 feet from any
property line.
620.3-4.5 Public utility infrastructure including water holding tank and pumping station facilities.
620.3-5
Area and Bulk Requirements.
620.3-5.1 For purposes of calculating density, the AHD 5 zone is excluded from the provisions of
Section 423 of the Zoning Ordinance.
620.3-5.2 The lot area for the dedication of right of way for public streets shall not be excluded from
the gross lot area for the purpose of calculating density.
Bulk requirements.
(a) There shall be the following minimum distances between principal buildings:
Windowless wall to windowless wall
20 feet
Window wall to windowless wall
40 feet
Window wall to window wall front to front
40 feet
Rear to rear
40 feet
Rear to end
20 feet
(b) Any building face to private street curb face or edge of pavement
20 feet
(c) Any building face to a public right of way
25 feet
(d) Any building face except garage face to common parking area
20 feet
(e) Coverage: The maximum coverage by buildings in the AHD 5 shall not exceed thirty (30%)
percent of the tract area. The maximum coverage by all impervious surfaces, including buildings,
shall not exceed sixty (60%) percent of the tract area.
(f) Buffer areas: No building, parking areas and their associated driveways shall be located within
thirty (30) feet of any tract boundary line, excluding any access driveways and public streets.
(1)
Within the thirty-foot (30) wide buffer area a variety of plants shall be installed.
Buffer plantings shall consist of a combination of shade trees, evergreen trees and shrubs to
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provide a natural looking buffer.
(2)
One (1) shade tree shall be planted for every one hundred fifty (150) linear feet of
buffer. Shade trees shall be planted at a minimum three (3) inch caliper and shall be a minimum
of twelve (12) to fourteen (14) feet in height, balled and burlapped.
(3)
One (1) evergreen tree shall be planted for every fifty (50) linear feet of buffer.
Evergreen trees shall be planted at a minimum height of seven (7) feet, balled and burlapped.
(4)
Twenty (20) shrubs shall be planted for every seventy-five (75) linear feet of buffer.
Shrubs shall be planted at a minimum of thirty-six (36) inches in height. Fifty percent (50%) of
shrubs shall be evergreen.
(5)
Existing trees within the proposed buffer areas that are healthy shall be maintained
and may be counted toward the planting requirements.
(6)
Proposed buffer plantings shall be arranged in a natural staggered pattern and shall
not be lined up in straight, single rows.
(g) Building height:
Residential Buildings: No building shall exceed three (3) stories in height.
Walkout basement conditions shall not constitute a “story” for purposes of this subsection.
Notwithstanding the definition of “building height” in Ordinance Section 301.7, no building
shall exceed forty-two (42) feet in height to the top of the ridge line when measured from the
finished grade along the uphill side of the building and shall not exceed fifty-one (51) feet in
height from the finished grade along the downhill side of the building.
(h) No building or group of attached buildings shall contain more than thirty-five (35) residential
units.
(i) No building shall exceed a length of two hundred and ten (210) feet.
(j) Accessory buildings, shall meet the same bulk requirements as the principal buildings.
(l) No accessory building shall be more than one story and the maximum height of an accessory
building shall be sixteen (16) feet from average grade to mid-point of pitched roof.
Recreational buildings and facilities shall be governed by the height limitations for principal
buildings.
(m) If a garage is provided, it may be built into the principal structure or be separately constructed
as hereinafter provided. Each garage space shall be at least ten (10) feet in width and twenty
(20) feet in depth. Each group of attached garages shall have a joint capacity of not more than
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twelve (12) automobiles arranged in a row, and there shall be a minimum distance of ten (10)
feet between garage structures.
(n) Cable T.V. is to be encouraged. If not provided, exterior television antennae/satellite dish shall
be limited to one (1) master antenna/satellite dish per building. Master antenna/satellite dishes
shall be screened from view from any public right-of-way.
(o) One or more completely enclosed but unroofed structures for the collection, source separation
and storage of solid waste shall be provided. The system of collecting, storing, recycling and
disposal of solid waste shall be in accordance with State and Board of Health and Township
regulations. Provision shall be made for the recycling of materials required to be recycled by
the Township. No garbage or other refuse shall be stored or collected except in approved
structures. Garbage and refuse areas shall comply with the Land Development Ordinance,
Section 712.
620.3-6
Connections between uses: Direct pedestrian connections between buildings within the tract
and between properties that are at the boundary of the tract with properties in the adjoining district are
required. Such connections include connections between street sidewalks and non-residential uses,
connections between parking areas of accessory uses, and connections between residential uses and existing
residential neighborhoods located within or adjacent to the district.
620.4 ACCESS
Hauser Lane shall be improved to meet the cartway width of the RSIS requirements for Rural Street, with
no parking, 20’ wide, with curbing, and sidewalk on one side of the street. This uniform roadway section
shall be extended to Mountain Boulevard.
620.5 UTILITIES
The project shall be served by public water and sewer. The sanitary sewer shall be extended to the centerline
of Wischer Lane and terminate at a manhole with pipe stubs to the north and south. Pipe stubs are to be
capped. The sanitary line shall be sized to accommodate the full development of the sewer service area
upstream of the property that flows to the Middlesex County Utility Authority.
620.6. CONVERSION OF RENTAL UNITS.
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Units offered as rental units shall comply with the applicable provisions of the New Jersey
Administrative Code.
620.7. CONSTRUCTION IN ENVIRONMENTALLY SENSITIVE AREAS. Affordable units shall
not be constructed on (a) wetlands as delineated with an approved LOI (Letter of Interpretation) issued
by the New Jersey Department of Environmental Protection; (b) flood hazard areas as defined in
N.J.A.C. 7:13; and (c) slopes in excess of 20 percent.
620.8 INTEGRATION OF UNITS: Pursuant to N.J.A. C. 5:97-6.4(f), to the maximum extent feasible,
the affordable units shall be fully integrated into development with the market units.
620.9 PROCEDURE FOR APPROVAL OF INCLUSIONARY HOUSING PROJECTS.
It is intended through this Section that innovative land use and mixtures of housing types be permitted
within an individual development. Flexible land use standards within the established zone density, should
allow optimum use of the site while preserving critical areas and common open space as outlined above.
620.9-1 Application Procedure. An application for an inclusionary housing development shall be
considered as a planned residential development and is to be processed through the major site plan
procedure as set forth in The Land Development Ordinance of the Township of Green Brook, and shall
comply with the provisions thereof procedurally and substantively. See N.J.S.A. 4055D-45.
620.10 AVAILABLE SEWER CAPACITY AND PUBLIC UTILITIES.
All applications seeking to utilize the density provisions of this Article shall demonstrate to the Planning
Board the availability of sanitary sewers, public water, and all other utilities, with adequate capacity to
accommodate the needs of the entire project. The applicant shall provide to the Planning Board all
information required by Sections 702.5 and 702.6 of the Land Development Ordinance.
620.11 APPLICANTS COMPLIANCE AGREEMENT.
The applicant shall file, as a part of the application for preliminary approval of an affordable housing
project, a written agreement to comply with the affordable housing regulations prescribed in this
ordinance, and to comply with the implementing rules and regulations of the Green Brook Affordable
Housing Plan. Such instrument shall be in recordable form, known as a Developer’s Agreement, and
shall be subject to approval by the Township Attorney.
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620.12 ADDITIONAL DATA REQUIRED.
On any application for preliminary approval of an inclusionary housing project, the following additional
information shall be submitted to the Planning Board as a part of the application:
620.12-1 Data on or accompanying the preliminary plat showing which dwellings are to be very low
income units, which will be low income units and which will be moderate income units; location, floor
area and layout of the affordable units and of all other units.
620.12-2 If a development is to be constructed in phases, a staging plan setting forth the exact units to
be included in each phase and specifying the number, location, number of bedrooms, and whether the
units will be owner or renter occupied for the affordable units.
620.12-3 An application involving an inclusionary development in the Affordable Housing District
[AHD] which is proposing to provide rental units, (See Section 620.3-2) shall set forth necessary
details to show the location and method of providing such rental housing units to be included in the
development (See N.J.A.C. 5.93-5:14)
620.12-4 A form of the proposed covenants and restrictions, including provisions to assure that any
affordable units will be sold or rented in accordance with the requirements of this ordinance, and
imposing covenants and restrictions running with the land to assure that subsequent sales and rentals of
affordable units will also be subject to the requirements of this ordinance.
620.12-5 Such other information as may be determined by the Planning Board to be necessary to assure
compliance with the terms and purposes of this Section.
620.13 EXPEDITED HEARINGS OF AFFORDABLE HOUSING APPLICATIONS.
The Planning Board shall give priority to affordable housing applications made under this section.
620.14 PLANNING BOARD WAIVERS AND VARIANCES.
620.14-1 When hearing applications for affordable housing projects the Planning Board shall have
jurisdiction, in appropriate cases, and for good causes shown, to grant waivers and variances from the
strict requirements of the zoning ordinance and land development ordinance that would otherwise apply.
620.14-2 The Planning Board shall not have jurisdiction to approve affordable housing projects in a
district restricted against such affordable housing projects, nor to permit an increase in the permitted
floor area ratio, nor to permit an increase in the permitted density of dwelling units per net area of land
to be developed.
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620.15 REDUCTION OF DEVELOPMENT FEES.
Affordable housing applications made under this article shall be entitled to the elimination of fees for that
portion of the subdivision fees, site plan review fees, Environmental Impact Statement Fees, Storm Water
Control fees in accordance with Article 11 of The Land Development Ordinance, and Construction Permit
fees, related to any affordable units included in the project. All other units in the project will be subject to
the normal fee schedule. The usual completion guaranty requirements and Maintenance Guaranty
requirements will remain in effect with respect to all units.
620.16 REVOCATION AND WITHHOLDING OF OCCUPANCY PERMITS.
In the event an applicant does not construct and lease or sell the affordable units in accordance with an
approved plan for an Affordable Housing Project, the Construction Official, in addition to other penalties
and enforcement powers granted by law, shall have the authority to revoke the development permit or
development Certificates of Occupancy, and withhold the issuance of subsequent certificates of
occupancy on all units in the project until the development is brought into compliance with the plan that
was approved by the Approving Authority.
621. AFFORDABLE HOUSING DISTRICT -AHD 6 DISTRICT.
621.1 STATEMENT OF PURPOSE.
In order to provide housing opportunities for affordable households and to satisfy the Township's obligation
to provide a fair share of the region's housing needs, the Township Committee has determined that the
provisions of this Section shall be added to and form part of the zoning regulations of the Township of
Green Brook.
621.2 DEFINITIONS.
Words and terms in this ordinance shall be deemed to have the meaning and definition as set forth in the
Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C 5:93, as the same may be
amended and supplemented, and in the event of any conflict, the definitions in said Substantive Rules shall
control.
621.2-1 Affordable Housing - A dwelling unit with a sales price or rent within the means of a low or
moderate-income household as defined N.J.A.C. 5:93.
621.2-2 100% affordable development means a residential housing development in which all of the
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housing units, except a unit reserved for a Superintendent, are deed restricted for occupancy by
affordable households.
621.3 AFFORDABLE HOUSING DISTRICT 6. [AHD 6]
621.3-1 Block 76, Lot 30. Should any portion of the aforementioned parcel be subdivided from the
overall tract for any purpose other than a 100% affordable development, that portion shall be excluded
from the tract area for the purpose of calculating density.
621.3-2 Affordable Housing Projects. The tract specified in Section 621.3-1 may be developed with
up to a maximum of 55 family rental units plus one (1) unit to be reserved for an on-site
Superintendent, on the condition that 55 units are deed restricted as family rental affordable housing
units. All affordable units shall comply with the Uniform Housing Affordability Controls (UHAC),
N.J.A.C. 5:80-26.1, et seq., the Township’s Housing Element and Fair Share Plan, and applicable laws,
with regards to moderate, low and very-low income qualification percentages, bedroom count
distribution, and other applicable requirements of law. Occupancy of units shall be subject to the
requirements set forth in the Developer’s Agreement for each project.
621.3-3 Permitted Uses.
621.3-3.1 Multi-family residential apartment buildings.
(a) “Multi-Family Residential Apartment Buildings” shall mean any building or portion thereof,
which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the
same, as a residence of for multiple families living independently of each other and doing their own
cooking in such building.
621.3-3.3 Public or private parks and playgrounds.
621.3-3.4
Public or private recreation buildings and facilities.
621.3-4 Permitted Accessory Uses.
621.3-4.1 Garages and off-street parking facilities.
621.3-4.2 Storage and maintenance buildings.
621.3-4.3 Customary accessory structures approved as part of the site plan for the development,
including fences, walls, lampposts, trellises, cable T.V. services, gazebos, clustered mailboxes,
school bus shelters, utility structures such as holding tanks and pumping stations, recycling container
structures and the like.
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621.3-4.4 Signs: One (1) Non-illuminated or Externally illuminated Development name sign, not
exceeding 30 square feet each side, no taller than 6 feet, setback a minimum of 15 feet from any
property line.
621.3-4.5
Public utility infrastructure including pumping station facilities.
621.3-5 Area and Bulk Requirements.
Bulk requirements.
(a) There shall be the following minimum distances between principal buildings:
Windowless wall to windowless wall
20 feet
Window wall to windowless wall
40 feet
Window wall to window wall front to front
40 feet
Rear to rear
40 feet
Rear to end
20 feet
(b) Any building face to private street curb face or edge of pavement
10 feet
(c) Any building face to an Arterial Street (Route 22) right of way
25 feet
(d) Any building face to a Local Street right of way
35 feet
(e) Any building face except garage face to common parking area
5 feet
(f) Coverage: The maximum coverage by buildings in the AHD 6 District shall not exceed thirty
(30%) percent of the tract area. The maximum coverage by all impervious surfaces, including
buildings, shall not exceed sixty (60%) percent of the tract area.
(g) Buffer areas: No building, parking areas and their associated driveways shall be located within
ten (10) feet of any tract boundary line, excluding any access driveways and public streets.
(1)
Within the ten-foot (10) wide buffer area a variety of plants shall be installed. Buffer
plantings shall consist of a combination of shade trees, evergreen trees and shrubs to provide a
natural looking buffer.
(2)
One (1) shade tree shall be planted for every one hundred fifty (150) linear feet of
buffer. Shade trees shall be planted at a minimum three (3) inch caliper and shall be a minimum
of twelve (12) to fourteen (14) feet in height, balled and burlapped.
(3)
One (1) evergreen tree shall be planted for every fifty (50) linear feet of buffer.
Evergreen trees shall be planted at a minimum height of seven (7) feet, balled and burlapped.
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(4)
Twenty (20) shrubs shall be planted for every seventy-five (75) linear feet of buffer.
Shrubs shall be planted at a minimum of thirty-six (36) inches in height. Fifty percent (50%) of
shrubs shall be evergreen.
(5)
Existing trees within the proposed buffer areas that are healthy shall be maintained
and may be counted toward the planting requirements.
(6)
Proposed buffer plantings shall be arranged in a natural staggered pattern and shall
not be lined up in straight, single rows.
(h) Building height:
Residential Buildings: No building shall exceed three (3) stories in height.
Walkout basement conditions and first-level parking garages shall not constitute a “story” for
purposes of this subsection. Notwithstanding the definition of “building height” in Ordinance
Section 301.7, no building shall exceed forty-two (42) feet in height to the top of the ridge line
when measured from the finished grade along the uphill side of the building and shall not
exceed fifty-one (51) feet in height from the finished grade along the downhill side of the
building.
(i) Accessory buildings, shall meet the same bulk requirements as the principal buildings.
(j) If a garage is provided, it may be built into the principal structure or be separately constructed
as hereinafter provided. Each garage space shall be at least nine (9’) feet in width and eighteen
(18’) feet in depth.
(k) Cable T.V. is to be encouraged. If not provided, exterior television antennae/satellite dish shall
be limited to one (1) master antenna/satellite dish per building. Master antenna/satellite dishes
shall be screened from view from any public right-of-way.
(l) One or more completely enclosed structures for the collection, source separation and storage of
solid waste shall be provided. The system of collecting, storing, recycling and disposal of solid
waste shall be in accordance with State and Board of Health and Township regulations.
Provision shall be made for the recycling of materials required to be recycled by the Township.
No garbage or other refuse shall be stored or collected except in approved structures. Garbage
and refuse areas shall comply with the Land Development Ordinance, Section 712.
621.3-6
Connections between uses: Direct pedestrian connections between buildings within the tract
and between properties that are at the boundary of the tract with properties in the adjoining district are
required. Such connections include connections between street sidewalks and non-residential uses,
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connections between parking areas of accessory uses, and connections between residential uses and existing
residential neighborhoods located within or adjacent to the district.
621.4 ACCESS
Access to be provided via a private driveway from Andrew Street.
621.5 UTILITIES
The project shall be served by public water and sewer.
621.6. CONVERSION OF RENTAL UNITS.
Units offered as rental units shall comply with the applicable provisions of the New Jersey
Administrative Code.
621.7. CONSTRUCTION IN ENVIRONMENTALLY SENSITIVE AREAS. Affordable units shall
not be constructed on (a) wetlands as delineated with an approved LOI (Letter of Interpretation) issued
by the New Jersey Department of Environmental Protection; (b) flood hazard areas as defined in
N.J.A.C. 7:13; and (c) slopes in excess of 20 percent; unless authorization is granted by the NJDEP.
621.8 INTEGRATION OF UNITS: Not Applicable
621.9 PROCEDURE FOR APPROVAL OF 100% AFFORDABLE HOUSING PROJECTS.
It is intended through this Section that innovative land use and mixtures of housing types be permitted
within an individual development. Flexible land use standards within the established zone density, should
allow optimum use of the site while preserving critical areas and common open space as outlined above.
621.9-1 Application Procedure. An application for a 100% affordable housing development shall be
considered as a planned residential development and is to be processed through the major site plan
procedure as set forth in The Land Development Ordinance of the Township of Green Brook, and shall
comply with the provisions thereof procedurally and substantively. See N.J.S.A. 4055D-45.
621.10 AVAILABLE SEWER CAPACITY AND PUBLIC UTILITIES.
All applications seeking to develop under the terms of this Article shall demonstrate to the Planning Board
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the availability of sanitary sewers, public water, and all other utilities, with adequate capacity to
accommodate the needs of the entire project. The applicant shall provide to the Planning Board all
information required by Sections 702.5 and 702.6 of the Land Development Ordinance.
621.11 APPLICANTS COMPLIANCE AGREEMENT.
The applicant shall file, as a part of the application for preliminary approval of an affordable housing
project, a written agreement to comply with the affordable housing regulations prescribed in this
ordinance, and to comply with the implementing rules and regulations of the Green Brook Affordable
Housing Plan. Such instrument shall be in recordable form, known as a Developer’s Agreement, and
shall be subject to approval by the Township Attorney.
621.12 ADDITIONAL DATA REQUIRED.
On any application for preliminary approval of a 100% affordable housing project, the following additional
information shall be submitted to the Planning Board as a part of the application:
621.12-1 Data on or accompanying the preliminary plat showing which dwellings are to be very low
income, which will be low income units and which will be moderate income units; location, floor area
and layout of the affordable units and of all other units.
621.12-2 If a development is to be constructed in phases, a staging plan setting forth the exact units to
be included in each phase and specifying the number, location, number of bedrooms, and whether the
units will be owner or renter occupied for the affordable units.
621.12-3 An application involving an inclusionary development in the Affordable Housing District 6
[AHD-6] which is proposing to provide rental units, (See Section 621.3-2) shall set forth necessary
details to show the location and method of providing such rental housing units to be included in the
development (See N.J.A.C. 5.93-5:14)
621.12-4 A form of the proposed covenants and restrictions, including provisions to assure that any
affordable units will be sold or rented in accordance with the requirements of this ordinance, and
imposing covenants and restrictions running with the land to assure that subsequent sales and rentals of
affordable units will also be subject to the requirements of this ordinance.
621.12-5 Such other information as may be determined by the Planning Board to be necessary to assure
compliance with the terms and purposes of this Section.
621.13 EXPEDITED HEARINGS OF AFFORDABLE HOUSING APPLICATIONS.
The Planning Board shall give priority to affordable housing applications made under this section.
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621.14 PLANNING BOARD WAIVERS AND VARIANCES.
621.14-1 When hearing applications for affordable housing projects the Planning Board shall have
jurisdiction, in appropriate cases, and for good causes shown, to grant waivers and variances from the
strict requirements of the zoning ordinance and land development ordinance that would otherwise apply.
621.14-2 The Planning Board shall not have jurisdiction to approve affordable housing projects in a
district restricted against such affordable housing projects, nor to permit an increase in the permitted
floor area ratio, nor to permit an increase in the permitted density of dwelling units per net area of land
to be developed.
621.15 REDUCTION OF DEVELOPMENT FEES.
Affordable housing applications made under this article shall be entitled to the elimination of fees for that
portion of the site plan review fees, Environmental Impact Statement Fees, Storm Water Control fees in
accordance with Article 11of The Land Development Ordinance, and Construction Permit fees, related to
any affordable units included in the project. All other units in the project will be subject to the normal fee
schedule. The usual completion guaranty requirements and Maintenance Guaranty requirements will
remain in effect with respect to all units.
621.16 REVOCATION AND WITHHOLDING OF OCCUPANCY PERMITS.
In the event an applicant does not construct and lease or sell the affordable units in accordance with an
approved plan for an Affordable Housing Project, the Construction Official, in addition to other penalties
and enforcement powers granted by law, shall have the authority to revoke the development permit or
development Certificates of Occupancy, and withhold the issuance of subsequent certificates of
occupancy on all units in the project until the development is brought into compliance with the plan that
was approved by the Approving Authority.
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ARTICLE 7
CONDITIONAL USES
701. NATURE OF CONDITIONAL USES.
The necessity for certain specific uses is recognized, either by reason of the advisability of permitting same
in the Township, or by reason of Court decisions which do not permit complete prohibition of same within
all areas of the Township, but at the same lime it is recognized that they or any one of them may be, or
become, inimical to the public health, safety and general welfare of the community if located without due
consideration to the existing conditions and surroundings. Accordingly, the following “conditional uses” are
permitted in a particular zoning district only upon a showing that such use in the specified location, and in
the district in which such use is listed as a possible conditional use, will comply with the conditions and
standards for the location or operation of such use as contained in this ordinance, and upon the issuance of
an authorization therefore by the Approving Authority.
702. PROCEDURE.
An application for a conditional use shall be made to the Approving Authority in accordance with the
procedures and standards set forth in the Land Development Ordinance, and shall accompany the application
for site plan review set forth in that ordinance.
The following uses, to the extent the same are listed as permitted conditional uses in any specific district,
may be permitted as a condition use in such district by the Approving Authority; provided, however, that
where requirements for maximum lot coverage, lot area, lot width, or minimum floor area out-lined in this
Article differ from the requirements of the specific district, the requirements set forth in this Article shall
prevail.
703. MODIFICATIONS IN PROPOSAL
In acting upon an application for a conditional use, the Approving Authority may suggest modifications and
changes.
704. CONDITIONS ON APPROVAL
The Approving Authority in granting approval of any conditional use may impose such conditions, in
addition to those required in this ordinance, as are necessary to assure that the general purpose and intent of
this ordinance is met.
705. PUBLIC UTILITIES.
Public utility uses, such as telephone dial equipment centers and power substations, but not service or
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storage yards, may be permitted in any district provided that:
705.1 WITH THE APPLICATION THE APPLICANT SHALL SUBMIT
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and the Approving Authority under the Land Development Ordinance.
b. A plat showing the locations of all existing buildings and structures within two hundred (200) feet
of the subject property, and showing all streets within one thousand (1,000) feet of the subject
property.
c. A plan showing or indicating the distribution routes for said utility to and from said property.
705.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The proposed installation in a specific location is necessary for the satisfactory provision of
services by the utility to the neighborhood or area in which the particular use is to be located;
b. The design of any building in connection with such facilities conforms to the general character of the
area, and will not adversely affect the safe, comfortable enjoyment of property rights in the zone in
which it is located;
c. Adequate and attractive fences and safety devices will be provided.
d. Sufficient landscaping including shrubs, trees and lawn will be provided and will be periodically
maintained;
e. Adequate off-street parking will be provided;
f. All of the area, yard, and building coverage requirements of the respective zone will be met.
706. SCHOOLS.
Schools, as defined in this ordinance, may be permitted as a conditional use in any district in which such use
is set forth as a conditional use.
706.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed school.
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c. A statement setting forth in general terms the proposed course of instruction, indicating the grade
levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such
building or buildings, and the contemplated eventual enrollment of the school.
706.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The curriculum of the proposed school shall be approved by the New Jersey Department of
Education.
b. The minimum lot area for a nursery school or for an elementary school shall be live (5) acres, plus
one (1) additional acre for each one hundred (100) pupils, or, fraction thereof. The minimum lot area
for an intermediate school, junior high school, or high school shall be ten (10) acres, plus one (1)
additional acre for each one hundred (100) pupils or fraction thereof.
c. No more than ten percent (10%) of the site shall be occupied by buildings.
d. The minimum street frontage for a nursery or elementary school shall be five hundred (500) feet
The minimum street frontage for all other schools shall be seven hundred (700) feet.
e. A front and rear yard, each with a depth of not less than one hundred (100) feet, and two (2) side-
yards, each with a width of not less than one hundred (100) feet, shall be provided.
f. No parking or play area shall be permitted within seventy-five (75) feet of any street or property
line; and no buildings shall be permitted within one hundred twenty-five (125) feet of any street or
property line.
g. Off-street parking shall be provided in the following ratios:
Nursery or elementary schools shall provide one (1) parking space for each staff member and
employee, plus one (1) parking space for each ten (10) pupils, plus adequate space for buses and
delivery vehicles.
All other schools shall provide one (1) parking space for each staff member and employee, plus
one (1) parking space for each five (5) pupils, plus adequate space for buses and delivery
vehicles.
These requirements may be increased if, in the judgment of the Approving Authority, such
considerations as the unavailability of the bus services, the distance from centers of population,
or a relatively high percentage of pupils driving their own cars make such increased requirements
desirable.
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h. No driveway shall open onto a public street or road within one hundred fifty (150) feet of an
intersection of such street or road with another public street or road. In determining the suitability of
proposed or existing driveways upon the site, the Approving Authority shall consider such factors as
grade and site clearance, The number and pattern of driveways, the number, location and design of
ingress and egress points, the volume of traffic which may be anticipated on the site and upon
adjoining roads, and the condition and width of pavement of adjoining roads.
i. Illumination for night athletic activities shall be shielded from view from adjoining streets and
residential areas.
706.3 In any case where a school may now be in existence, or may hereafter be granted approval
pursuant to the provisions of this ordinance, in the event of expansion of the school, or in the event of
increase in staff and/or pupil enrollment of said school beyond that set forth in the statement presented
pursuant to Section 706.1c hereof, (whether or not such increase in staff and/or pupil enrollment is
accompanied by any enlargement of facilities), or in the event of any changes in use or additional
facilities, beyond those shown on the site plan accompanied by the Approving Authority, the person,
firm, corporation, board or body in charge of said school, and the owner of the property upon which it is
located, shall reapply to the Approving Authority in the same manner as for an original application as
provided herein.
707. HOSPITALS, PHILANTHROPIC OR ELEEMOSYNARY USES.
Hospitals, philanthropic or eleemosynary uses, but not correctional or detention institutions, may be
permitted as a conditional use in any district in which such use is set forth as a conditional use.
707.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with the proposed use.
c. A statement setting forth in general terms the proposed use or uses, the anticipated number of staff
and/or employees, the nature of the services to be rendered, and the total number of persons expected
to use the proposed facilities at any one time; for example, in the case of a hospital, the maximum
number of “beds, or other usual measure of capacity.
707.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
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THAT
a. The subject property contains at least five (5) acres.
b. No structure will be erected nearer than seventy-five (75) feet to any street line, nor nearer than
fifty (50) feet to any property line.
c. The off-street parking and loading requirements of Article 8 will be met.
d. Buildings will not occupy more than twenty-five (25%) of the lot area.
e. All other requirements set forth in this ordinance for the zone in which it is to be located are
observed; except that the front, rear and side yards shall be increased one (1) foot for each foot by
which such building exceeds the height limit herein established for the zone district in which it is to
be located, but in no case shall any building exceed a height of thirty-five (35) feet.
f. Such use will in no way be detrimental to the surrounding property values and that the building or
use proposed will serve a useful purpose and promote the general welfare of the Township.
707.3 In any case where any such use may now be in existence, or may hereafter be granted approval
pursuant to the provisions of this ordinance, in the event of any expansion of said facilities, or change in
the use as originally approved, or increase in intensity of such use beyond that originally represented
(whether or not such intensity is accompanied by enlargement of the physical facilities), the person, firm,
corporation, board of body in charge of said use, and the owner of the property upon which it is located,
shall reapply to the Approving Authority in the same manner as for an original application as provided
herein.
708. GOLF COURSES.
Golf courses, as defined in this ordinance, may be permitted as a conditional use in any district in which
such use is set forth as a conditional use.
708.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed golf
course, including, but not by way of limitation, club house facilities.
c. Sufficient plans prepared by a golf course, architect recognized by the National Golf Foundation
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and experienced in golf course design, and the design and construction of the golf course shall be in
accordance with the standards and recommendations of the United States Golf Association (USGA).
d. Said plans shall be in sufficient detail to show the type of construction to be employed in tees,
fairways and greens; any improvements to existing water areas and the creation of new water areas;
and any other features and improvements peculiar to golfing facilities.
e. A written statement setting forth the intended manner of operating the golf course and other
proposed accessory facilities, including:
(1) a breakdown of total employment, differentiating between seasonal and year ‘round
employees.
(2) the maximum utilization of the proposed facilities; and if a “membership” club facility, the
maximum membership to be permitted, differentiating between full memberships and other types
which maybe made available.
(3) any intent of the organization to stage unusual (or non-member) invitation, open or
elimination tournaments; or to stage any other special events not directly related to the golf
course proper.
708.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The plot contains a minimum of 100 contiguous acres and provides for a full-sized golf links, at
least 18 holes in length, totaling a minimum of 5,400 yards from tees to greens.
b. Off-street parking: at least 200 off-street parking spaces shall be provided for each such 18 holes
golf course Additional off-street parking spaces shall be required and provided where accessory
facilities are included such as but not limited to dining and refreshment facilities, swimming pools
and tennis courts; such parking spaces to be sufficient in number and so placed in location as to
provide parking facilities for the anticipated users of such accessory facilities as determined by the
Approving Authority. (The provisions of Article 8 of this ordinance may be used as standards for
similar uses elsewhere.)
c. No part of the golf course or other golfing areas shall be closer to any adjoining property line than
is specified in the following schedule:
(1) Behind the tee: twenty-five (25) feet;
(2) From the tee to green: one hundred (100) feet, as measured from the edge of the maintained
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fairway; provided, however, that there such area is naturally planted with substantial trees and
foliage of adequate density as to provide a natural barrier, such distance may be reduced to thirty-
five (35) feet.
(3) Behind the green one hundred (100) feet from the clipped surface of the green; provided,
however, that where such area is naturally planted with substantial trees and foliage of adequate
density as to provide a natural barrier, such distance may be reduced to thirty-five (35) feet.
(4) From other golfing areas (including but not limited to, driving ranges, pitching greens, putting
greens, and other bail hitting and landing areas, whether maintained as fairway, rough, putting
surface, or golfing hazard): one hundred (100) feet; provided, however, that where such area is
naturally planted with substantial trees and foliage of adequate density as to provide a natural
barrier, such distance may be reduced to thirty-five (35) feet.
d. The size of the membership shall be limited to an amount commensurate with the scale of the
facilities to be provided, as determined by experience of similar facilities in other areas.
e. No active recreational area, facility or structure, except a golf course or other golfing area, as
provided for elsewhere herein, shall be closer to any adjoining property line than two hundred (200)
feet.
f. No building, structure or facility, unless otherwise provided for in this Section, shall be closer than
fifty (50) feet to any adjoining property line or public right-of-way.
g. Any lighting in connection with the operation of the golf course or incidental and accessory
activities shall be so arranged as to reflect the light away from all adjoining residence districts,
buildings or streets.
h. Adequate landscaping shall be provided.
708.3 The maximum membership limit of said organization, and maximum utilization of the proposed
facilities, shall be fixed at the time of application and shall be commensurate with the amount of land to
be used and the exact nature of the use. No further expansion of said membership or said utilization shall
be made unless additional land is acquired, or other steps taken to-provide for such increases, and
supplemental application is made.
709. QUASI-PUBLIC BUILDINGS AND RECREATION AREAS.
Quasi-public buildings and recreation areas and facilities, including club houses, parks, playgrounds,
swimming pools, tennis courts and other similar activities operated by non-profit membership organizations
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may be permitted as a conditional use in any district in which such uses are set forth as conditional uses.
709.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. A set of architectural plans and specifications showing proposed buildings and structures
c. A statement setting forth full particular on the operation of the proposed use.
d. A complete list of proposed charter membership, including names and resident addresses.
709.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The proposed use is a bona fide non-profit organization operated solely for the recreation and
enjoyment of the members of said organization.
b. The proposed use in the proposed location will not adversely affect the safe and comfortable
enjoyment of property rights or the values of adjacent properties; that the design of any structure
erected in connection with such use will be in keeping with the general character of the area, and that
sufficient landscaping, including trees, shrubs, and lawn will be provided to serve as a buffer
between said use and any adjoining residential properties, and to insure an attractive appearance for
the use.
c. The property proposed to be occupied by such use shall have a minimum lot area of one (1) acre, a
minimum road frontage of one hundred fifty (150) feet, and a maximum lot coverage of twenty
percent (20%).
d. No building, structure, or active recreational facilities shall be located within fifty (50) feet to an
adjacent residential lot.
709.3 The maximum membership limit of said organization shall be fixed at the time of any application
and shall be commensurate to the amount of land to be used and the exact nature of the use. No further
expansion of said membership shall be made unless additional land is acquired or other steps taken to
provide for such increase, and supplemental application is made to the Approving Authority.
710. NURSING HOMES.
Nursing homes may be permitted as a conditional use in any district in which such use is set forth as a
conditional use.
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710.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance
b. Complete architectural plans and specifications of all proposed buildings and structures and of any
existing structures proposed to be continued and used in connection with such proposed nursing
home.
c. A statement setting forth the full particulars on the operation of the proposed structure and use.
710.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The proposed nursing home will be duly licensed under the New Jersey Hospital Licensing Act, as
the same may be amended and supplemented and will conform in all respects to standards prescribed
by the appropriate bureau or agency of the State of New Jersey having jurisdiction over nursing
homes.
b. That the following yard restrictions will be met:
(1) A minimum lot area of three (3) acres with a minimum lot frontage of two hundred (200) feet.
(2) Front, rear and side yards of fifty (50) feet, except where such uses abut New Jersey Route
22, in which cases there shall be a minimum front yard of one hundred (100) feet.
(3) A maximum lot coverage of ten percent(10%).
(4) A maximum building height of two (2) stories or twenty-eight (28) feet, whichever is lesser.
c. Off-street parking facilities may be provided in any of the required yard areas except the front
yard. Parking shall be provided at the ratio of not less than one (1) parking space for every four (4)
beds, plus one additional space for every two (2) employees and members of the staff in the largest
working shift.
d. That the proposed use shall in no way be detrimental to the surrounding properly values, and the
structure or-use proposed will further the general welfare of the Township of Green Brook.
e. The number of beds to be provided for the proposed nursing home, when added to the total
number of beds provided for in other existing or approved nursing homes in the Township, shall not
result in a total number of nursing home beds in excess often percent (10%) of the total population of
the Township of Green Brook as recorded by the then most recent decennial census of population
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conducted by the United State Department of Commerce, Bureau of the Census.
f. The applicant shall detail the methods to be employed in transporting patients to and from the
nursing home, both in emergency situations and non-emergent transportation situations, and shall
demonstrate that the nursing home has the internal capacity for all such transportation and will not
require the services of the volunteer first aid or rescue squad for such purposes.
710.3 Any nursing home proposed and approved hereunder shall also comply in all respects with the
ordinance of the Township of Green Brook providing for life safety in Nursing, Convalescent and Old
Age Homes and Buildings, as the same may be amended and supplemented from time to time.
711. ADULT BOOKSTORES AND RELATED USES
“Adult bookstores”, businesses showing x-rated movies or video, and other businesses dealing primarily
with sexually-oriented or sexually-explicit materials acts or paraphernalia but not any use, act or activity
which is prohibited by N.J.S.A. 2C:14-1 et seq., N.J.S.A. 2C:34-1 et seq., or any other provision of the New
Jersey Code of Criminal Justice may be permitted as a conditional use in the RHC [REGIONAL
HIGHWAY COMMERCIAL DISTRICT] only, provided, that the following standards and conditions are
met
711.1 This conditional use section recognizes the experiences this Township has had with the uses
defined herein, with traffic and safety hazards, shoulder parking by tractor-trailers inadequate on-site
parking and the use of customers of such business nearby streets and other parking lots inadequate
landscaping and buffering inadequate fencing provisions and in the impact such uses have upon uses in
the same building and in the neighborhood
Certain regulations are necessary for the protection of the public health, safety and welfare, including
protection of persons who may utilize the facilities offered by such uses It is noted that other uses which
also claim protection of First Amendment rights, such as churches, newspaper offices and distribution
centers, and other media-establishments, are also subject to proper zoning and land-development
regulation.
711.2 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed use.
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c. Complete interior floor plans, with dimensions, including the area to be devoted to retail sales and
displays, the area for movies or video viewing booths, and such other areas as may be provided;
width of aisles shall be shown, and ingress and exit locations. The plan shall show the number, size
and location of movie and video viewing booths, .the type of materials to be used in the construction
thereof, and the design of the doors thereto, window areas opaque, by coverings or otherwise, to
prevent the viewing of the interior of the premises from the outside.
e. The application shall show the steps proposed to make all parking self-contained on site, and to
prevent parking on the highway or other streets, or on parking lots of other properties and to prevent
pedestrian-access to the applicant’s lot.
f. The application shall show the construction features and the system of security to be used in the
building and on the premises, including the parking area, to prevent unlawful sexual activity from
occurring.
711.3 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The lot area shall be not less than two (2) acres.
b. There shall be-a minimum lot width of 300 feet and a minimum lot depth of 300 feet.
c. The lot shall not be located within 1,500 feet of the property line of any school or church.
d. The lot shall not be located within 500 feet of the property line of any premises licensed for the
sale of alcoholic beverages for consumption on premises.
e. The use proposed shall be the only principal use on the properly, and no other separate use shall be
permitted in same building or in a separate building on the same lot.
f. The building or structure to be utilized whether, proposed or existing shall be “finished”. If the
windows are to covered so as to prevent view of the interior from the outside of the building same
shall be done internally or externally with finished shutters or like opaque finishing feature, and not
with plywood or other materials, painted or unpainted which give the appearance of “boarding-up”.
g. Each projection booth, or area used for viewing films, video or other projections shall:
(1) be constructed and maintained so as to permit only one occupant at a time, and shall be
regulated so that only one person shall be in such booth at any one time;
(2) be constructed and maintained so that there is no opening, aperture or window between
booths;
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(3) be constructed and maintained so that the door thereof shall provide an opening at the bottom,
not less than 24-inches in height to permit that portion of the interior to be seen from outside the
booth;
(4) be constructed and maintained so that the top of the door thereof shall not be higher than six
(6) feet from the floor, and shall be open to the ceiling.
h. There shall be both landscape buffering, designed to shield the view, and fencing, along property
lines so as, practically as possible, to prevent parking off-site (whether on the highway or-side
streets, or on other properties) and pedestrian access from other properties or along the highway to
the subject property.
i. In all other respects, the proposed use and buildings shall comply with the area and bulk
requirements of the RHC zone district, not modified herein.
j. All requirements of the Business Licensing Ordinance of the Township of Green Brook with regard to
any automatic amusement device shall be complied with in all respects, and all limitations therein shall
be applicable to such use.
k. The collective parking provisions of Section 801.2-4 shall not apply.
l. Where the parking area adjoins a residential district, the buffer strip required by Section 801.2-7 b
shall be increased to at least twenty-five (25) feet.
m. Sign provisions: Notwithstanding the property frontage, there shall be a maximum of one (1) sign
which shall be erected in conformance with the provisions of section 901.2-3 of this ordinance,
provided, however, no adult or bookstore or sexually oriented business shall display an identification
sign which shall be more than forty (40) square feet in size. Further, such adult bookstore or sexually
oriented business shall be required to maintain a second sign giving notice that the premises are off
limits to minors.
n. For “Adult bookstores” and related uses permitted as a conditional use pursuant to this Section
parking shall be provided as follows:
(1) Provision shall be made for two square feet of parking area for each square foot of floor area
in the permitted building.
(2) In addition to (1) above, provision shall be made for an off-street parking area not less than
twelve feet by sixty-five feet, for tractor-trailer parking with sufficient room for such tractor-
trailer to maneuver on and off the highway and into and out of said parking spaces. No such
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parking space shall be located in front of any building.
(3) In addition to (1) and (2) above, there shall be one additional on-site parking space for each
automatic amusement device or projection or viewing booth established in the premises.
(4) All parking spaces shall be maintained on the same lot as the use.
(5) There shall be no parking within 50 feet of any street right-of-way line, or within twenty-five
(25) feet of any property line.
o. The lot upon which this conditional use is situated shall not be located within one thousand (1000)
feet of any residential lot or area zoned for residential use; school bus stop or any municipal or
county playground, place of public resort and recreation, or other sexually oriented business.
p. any conditional use permitted hereunder shall be surrounded by a perimeter buffer of at least (50)
feet in width with plantings, fence or other physical divider along the outside of the perimeter
sufficient to impede the view of the interior of the premises in which the business is located.
712. CHURCHES.
Churches maybe permitted as a conditional use in any district in which such use is set forth as a conditional
use.
712.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed church.
712.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT
a. The lot area shall be not less than three (3) acres.
b. In all other respects, the proposed use and buildings shall comply with the area and bulk
requirements of the zone district in which the proposed church is to be located; provided, however,
that the Approving Authority shall have the authority to grant an exception from the height limitation
for a church spire, bell tower or belfry.
713. HOTELS AND MOTELS.
Hotels and Motels may be permitted as a conditional use in the RHC Regional Highway Commercial
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District, subject to the following:
713.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the Zoning Officer and Approving Authority under the Land Development Ordinance.
b. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed use.
713.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT.
a. The proposed use and buildings shall comply with the area and bulk requirements of the RHC
Regional Highway Commercial District.
b. Both public sanitary sewers and public water supply are available and will be utilized by the use.
c. The site shall have direct access to a major arterial road, which for the purpose of this Section shall
include only roads maintained by the State or Federal government.
d. The Approving Authority shall require such landscaping and planting as its deems appropriate,
being guided by the requirements established for other uses in the RHC Regional Highway
Commercial District.
e. The entire area of the site traversed by motor vehicles shall be hard surfaced, and a minimum of
1.2 parking spaces shall be provided for each unit.
f. One access road shall be permitted onto a public road for each 200 feet of frontage on that road At
the point of intersection with a public road, the access road shall not exceed a width of 24 feet. The
center line of an access road where it intersects a public road shall be, perpendicular to the
intersected street; at least 50 feet from any, side property line or street line other, than the street line
which the access road intersects; and at least 75 feet from the center line of any other access road.
Acceleration and deceleration lanes shall be provided.
g. A minimum of 40 guest rooms shall be provided.
h. All guest rooms shall only be accessible from an interior corridor.
i. Maximum building height shall be three and a half (3.5) stories
713.3 All requirements of the Business Licensing Ordinance of the Township of Green Brook with
regard to any hotel or motel shall be complied with in all respects, and all limitation therein shall be
applicable to all hotels and motels in the Township of Green Brook.
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714. PUBLIC GARAGES AND MOTOR VEHICLE SERVICE STATIONS
Public Garages may be permitted as a conditional use in the RHC Regional Highway Commercial District
only, and only in strict compliance with the provisions of this Section and other applicable provisions of this
ordinance.
714.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by
the, Zoning Officer and Approving Authority under the Land Development Ordinance.
b. To be included in said Site Plan, in addition to those items specified in the Land Development
Ordinance, a statement of the number of automobiles which may be garaged and the type of services
performed.
c. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed use.
714.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. Public garages shall be located on a lot having a frontage of not less than 200 feet.
b. The entire area of the site to be traversed by motor vehicles shall be surfaced with a concrete or
asphalt pavement.
c. No part of any public garage shall be used for residence or sleeping purposes.
d. No uses prohibited by any provisions of this ordinance for any business district, including but not
limited to those prohibited uses set forth in Section 421, shall be permitted in conjunction with the
use of any property for a public garage, and no such prohibited use shall be permitted, allowed or
considered as an accessory use to the use of any premises as such public garage.
e. Public garages may be located in the RHC District only, and shall comply in all respects, not
specifically enumerated in this Section, with the area and bulk requirements of the RHC District.
f. The Approving Authority shall require such landscaping planting and buffer areas as it deems
appropriate being guided by the requirements established for other uses in the RHC District. See also
Article 10.
g. No public garage shall be established or used for the type of operation generally known as a “body
shop”, nor shall the same include major body repairs or rebuilding, fender, body or frame
straightening, painting or rebuilding.
h. All maintenance and repair of vehicles and servicing thereof, except for the usual supplying of
gasoline and accessories at the pumps, shall be conducted within the confines of a building.
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i. No motor vehicles shall be advertised “for sale” or be stored on the property to be sold in any
commercial district unless permitted as part of an approved site plan by the approving authority. No
more than one (1) non-commercial, registered vehicle may be advertised “for sale” or be stored on a
residential property to be sold for a period not to exceed ninety (90) days during any calendar year.
j. All vehicles stored on the property for service shall be in a location that is specifically identified on
a site plan approved by the Township. All vehicles shall have up-to-date registration.
715. MOTOR VEHICLE SALES ESTABLISHMENTS OPERATED BY NEW OR USED CAR
DEALERS.
Such establishments maybe permitted as a conditional use in the RHC Regional Highway Commercial
District only, provided that the following standards and conditions are met.
715.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. The detailed site plan and all accompanying data and documents as submitted to and considered by the
Zoning Officer and Approving Authority under the Land Development Ordinance.
b. To be included in said Site Plan, in addition to those items specified in said Land Development
Ordinance, or to be submitted concurrent therewith as a separate document, shall be the plot plan
required by Article IV of the Business Licensing Ordinance of the Township of Green Brook.
c. The completed application for a license to sell motor vehicles, as set forth and required by Article IV of
the Business Licensing Ordinance of the Township of Green Brook.
d. Complete architectural plans and specifications of all proposed buildings and structures, and of
any existing structures proposed to be continued and used in connection with such proposed use.
715.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The area and bulk requirements of the RHC District as set forth in Section 606.3 will be met, except as
may be modified in this Section. The minimum lot area for a Motor Sales Establishment Operated by
New or Used Car Dealers shall be four (4) acres.
b. A minimum of twenty percent (20%) of the lot area will be set aside and maintained with
landscaping, and shall not be used for any other purpose.
c. All areas over which motor vehicles normally travel shall be paved with a dustless all weather
material, clearly, marked for travel lanes, and shall be adequately drained; all subject to the approval
of the Township Engineer.
d. The applicant has complied and will continue to comply with the requirements of the Green Brook
Licensing Ordinance, as the same may be amended from time to time as the same is applicable to the
sales of new or used motor vehicles.
715.3 OTHER REQUIREMENTS AND LIMITATIONS.
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a. The sale of motor vehicles from said property, whether new or used vehicles and whether from an
enclosed building or outside shall be confined to the sale of vehicles normally licensed for passenger
use.
b. No motor vehicle parts and no wrecked, demolished or inoperable motor vehicles shall be
permitted to stand outside.
c. All motor vehicle repairs servicing and maintenance shall be conducted entirely within a fully
enclosed building, which is properly ventilated.
(1) Said repairs, servicing and maintenance may include oiling, greasing, washing, waxing and
the usual repairs connected with warranties, but shall not include major rebuilding or fender,
body or frame straightening work, or painting except as to minor touch-up incidental to repairs.
(2) Said work shall be limited to work incidental to such establishment and same shall not
include permission to operate a motor vehicle service station or public garage otherwise open to
the public.
d. No part of any such establishment shall be used for residence or sleeping purposes.
e. No uses prohibited by any provisions of this ordinance for any business district, including but not
limited to those prohibited uses set forth in Section 421, shall be permitted in conjunction with the
use of any property for such automobile sales establishment, and no such prohibited use shall be
permitted, allowed, or considered as an accessory use to the use of any premises as such automobile
sales establishment.
f. Buildings for the sale of motor vehicles may have, in addition to sales and display areas, space for
administrative offices, parts rooms, service and repair facilities incidental to the sales of motor vehicles,
and storage of new and used motor vehicles for sale.
g. Required front yard areas may be used for storage, parking and display of new or used motor
vehicles for sale, landscaping, guard rail, lighting, driveways, and to the extent permitted in this
ordinance, for customer parking and signs.
716. FARM ANIMALS IN LD-1 and MD RESIDENTIAL DISTRICTS.
The keeping of farm animals is permitted as a conditional use in The LD-1 and MD Residential Districts,
subject to the following:
716.1 WITH THE APPLICATION, THE APPLICANT SHALL SUBMIT:
a. A plan of the site showing the dimensions of the property, the location and size of all buildings
and the purposes thereof, and the location of all outdoor areas proposed to be used by such animals,
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the location of all fences and such other information as may be required by the Approving Authority.
b. A statement of the type(s) and number of animals proposed for said property and the purposes by
which they are to be kept.
716.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS DETERMINED
THAT:
a. The property on which the use is proposed shall contain not less than two (2) acres.
b. The type(s) and number of animals shall be limited to an amount commensurate with the size of the
property and the facilities to be used thereon, as determined by reference to standard guides for such
type of farming or animal use.
c. Animal enclosures shall not be located between the front building line of the principal building
and the street line and shall be located not less than fifty (50) feet from any other lot lines.
d. Nothing herein shall be construed to permit commercial operations such as piggeries, mink farms,
fox farms, dog kennels or pigeon lofts.
717 WIRELESS COMMUNICATION FACILITIES
Wireless Communication Facilities (WCF) shall mean any structure consisting of one or more rods,
panels, discs or similar device used for the transmission or reception of radio frequency signals either
attached to existing buildings or structures, utility poles, signs, or require the erection of a support
structure (i.e.) monopole, lattice tower, guy-wire support tower, or similar structure). This section shall
not pertain to amateur radio station operations or receive only antennae when the antenna is accessory to
the principal use of the property.
For the purpose of defining its use, a wireless communication facility may not be considered an
accessory use if it serves an area greater than the lot it is situated thereon.
717.1 WITH AN APPLICATION, THE APPLICANT SHALL SUBMIT:
a) A detailed site plan and all accompanying data as required under the Section 309 Plat
Design Standards for Site Plans of the Township Land Development Ordinance (1982).
b) A plat showing the location and height of all wireless communication towers within a four
(4) mile radius of the site.
c) Complete architectural plans of any proposed buildings and structures.
717.2 NO SUCH CONDITIONAL USE SHALL BE PERMITTED UNLESS IT IS
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DETERMINED THAT:
a) The height of the WCF shall not exceed fifty (50) feet as measured from the existing
around surface to the top of the facility, nor shall it exceed a height of fifty (50) feet from the existing
ground surface if attached to an existing building.
b) No ladders or climbable surface shall be permitted either on or within the WCF.
c) All wiring associated with the WCF shall be buried underground.
d) A stone driveway shall be constructed to the WCF with an ample off-street parking area
for two vehicles.
e) The WCF and any ancillary structure shall be set back from all property lines a distance
equal to twice the height of the structure.
f) The WCF is accessible by emergency vehicles.
g) The WCF shall be adequately screened by landscaping consisting of native evergreen and
deciduous trees at least eight (8) feet in height at the time of planting along staggered rows.
h) The equipment compound shall be architecturally designed to conform to the general
housing character of the area.
i) The bulk requirements set forth in the zoning district requirements and these requirements
shall be taken from the property lines of the entire lot unless a portion of the property is leased for the
purpose of installing a WCF. If leased, the setback requirements shall be taken from the boundary of the
easement or leased parcel.
k) Towers shall be camouflaged to minimize their visual impact on the landscape. The towers
shall be painted to be consistent with the surrounding natural setting or surrounding buildings.
l) Towers may not be artificially illuminated unless required by the FAA.
m) The owner of the WCF must agree that the facility meets or exceeds current standards and
regulations of the FAA, FCC, and any other agency of the State or Federal government. If such standards
and regulations are changed, the owners of the structure shall agree to bring the facility into compliance
with the revised standards within six (6) months of the effective date, unless a different compliance
schedule is mandated by the controlling State or Federal agency.
n) Upon transfer of ownership or tenancy of the facility or property, an application must be
made to the zoning officer for a Continuing Certificate of Occupancy. The prospective owner or tenant
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must agree to these requirements set forth in this section and any additional requirements hereafter
established prior to a continuing occupancy permit being issued.
o) Upon termination of use of the structure, the owner of the tower agrees to demolish and
remove the facility within three (3) months of being deactivated.
p) No signs are permitted at or on the facility with the exception of approved caution and
regulatory signs.
q) The owner(s) must agree to lease any additional space on the tower to other companies and
shall design the tower to accommodate as many additional antennae as may be feasible.
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ARTICLE 8
PARKING AND LOADING
801. OFF-STREET PARKING REGULATIONS.
Off-street parking space shall be provided as further specified in this ordinance, and shall be furnished with
necessary passageways and driveways.
801.1 OFF-STREET PARKING FOR SINGLE-FAMILY DWELLINGS.
Each single-family-dwelling shall provide off-street parking space for at least two (2) motor vehicles,
which may be provided in the garage and on the driveway.
801.2 OFF-STREET PARKING FOR NON-RESIDENTIAL USES.
801.2-1 All parking areas, driveways, and streets shall be surfaced with a dustless, durable, all
weather pavement (bituminous concrete, concrete, pervious pavement, pervious concrete, or
equivalent) all shall be installed according to the requirements of the NJDOT Standard Specifications
for Road and Bridge Construction, current edition. All parking areas shall be clearly marked for
vehicle spaces, properly graded with adequate drainage, all subject to the approval of the Township
Engineer.
801.2-2 The site plan filed pursuant to the Land Subdivision Ordinance shall designate the areas to
be used for off-street parking, passageways and driveways, and the dimensions thereof.
801.2-3 Except as provided in Section 801.2-4 here of, or as may be permitted in Section 803, all
parking spaces shall be provided on the same lot as the use to be served by said parking area.
801.2-4 For business uses in the commercial districts (RHC and VC) only, collective off-street
parking areas for two (2) or more buildings or uses located on adjacent lots may be permitted,
provided that the total of such facilities shall not be less than the sum required of the various
buildings or uses computed separately, and further provided that the land upon which the collective
facilities are located is owned or leased by one or more of the collective users, and provided, further,
that no parking space located more than 300 feet from the entrance to a building may be counted as
providing a parking space for that building.
801.2-5 Except as may be otherwise specifically provided in the regulations of this ordinance (see
607.6), parking areas may be located in any yard space for business uses but shall be no closer than
twenty-five (25’) feet to any street line or ten (10’) feet to any property line.
801.2-6 Except as may be otherwise specifically provided in this ordinance, not more than two (2)
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driveways, of not less than twenty (20) feet nor more than thirty (30) feet in width used as a means of
ingress and egress for non-residential off-street parking areas shall be permitted for each two
hundred (200) feet of frontage on a public street, nor shall any driveways be located closer than fifty
(50) feet to the intersection of the right-of-way lines of two public streets.
801.2-7
a. All parking areas, driveways, and streets shall have curbing installed, being concrete eight
inches (8”) thick and eighteen inches (18”) thick and eighteen inches (18”) deep and shall be
installed according to the requirements of the NJDOT Standard Specifications for Road and
Bridge Construction, current edition. Belgium block curbing may be substituted with the
approval of the Township Engineer. The height of the depressed curb at driveways shall be one
and one half inches (1 ½”) above the gutter. Where required for stormwater management, curb
cuts or flush curbs with curb stops may be permitted in conjunction with vegetated swales to
allow the disconnection of impervious surfaces.
b. When the parking area adjoins a residential district, the following regulations shall also apply.
(1) When a parking area adjoins a residentially zoned property, a planted buffer strip as
defined in Section 1001.1, at least 25 feet wide shall be provided between the parking area
and the adjoining property.
(2) A fence shall be erected as provided in Section 1002.
801.2-8 All parking areas and appurtenant passageways and driveways serving business uses shall be
illuminated adequately during the hours between sunset and sunrise when the use is in operation.
Adequate shielding shall be provided to deflect light from adjacent residential uses so that no glare is
perceptible beyond the property lines.
801.2-9 Off-street parking areas located in the Village Gateway (VG), Village Commercial (VC) or
Residential/Office Village Commercial (RVC) Districts, and which provide parking for twenty (20)
or more vehicles shall be provided with shade trees of a type approved by the Approving Authority
in accordance with the same standards set forth in the Land Development Ordinance. The shade trees
shall be located in a planned manner within the parking area in quantity not less than one (1) shade
tree for every twenty (20) parking spaces.
801.2-10 Parking spaces shall be provided as follows:
a. Barber and beauty shops 2 spaces per chair plus one additional space for each employee.
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b. Banks, financial, and business offices and professional offices-one parking space for every one
hundred fifty (150) square feet of gross floor area or major fraction thereof; home professional
office -one parking space for every one hundred fifty (150) square feet of gross floor area or
major fraction thereof, devoted to such home professional office use, which shall be in addition
to the off-street parking space required for the residential use under Section 801.1.
c. Shopping centers - one parking space for every two hundred (200) square feet of gross floor
area or major fraction thereof.
d. Retail Food Establishments - one parking space for every one hundred (100) square feet of
gross floor area or major fraction thereof.
e. Laundromats - one parking space for every two (2) washing machines.
f. Motor vehicle sales and service - one parking space for every two hundred (200) square feet of
gross floor area or major fraction thereof.
g. Restaurants (indoor and outdoor service) - one parking space for every four (4) seats for
customers, plus one space for every two (2) employees on the largest shift
h. Bowling alleys - five (5) parking spaces for each bowling lane.
i. Auditoriums, churches, theaters, stadiums, assembly halls, and similar places of public and
quasi-public assembly having fixed seating facilities - one parking space for every three (3) seats
in the main assembly unit.
j. Auditoriums, exhibition halls, assembly halls, union halls, community centers, and similar
places of public and quasi-public assembly not having fixed seating facilities - one parking space
for every three (3) persons who may legally be admitted therein at one time under the State Fire
Prevention Laws.
k. Hospitals, nursing homes, and similar institutional uses for care of the ill or aged - one parking
space for every four (4) beds, plus one additional parking space for every two (2) employees and
members of the staff in the two largest working shifts.
l. Mortuaries and funeral homes - two (2) parking spaces for every fifty (50) square feet of floor
area.
m. Non-office public utility installations - five (5) parking spaces.
n. Parks and other outdoor recreation sites - five (5) parking spaces for each gross acre of land up to
fifty (50) acres, and one parking space per gross acre of land in excess of fifty (50) acres.
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o. Industrial uses: parking shall be provided as follows:
One (1) parking space for each one thousand (1,000) square feet of building area, plus one
parking space for each employee, determined by the maximum number of employees on the
premises at any one lime, plus five (5) parking spaces.
In determining the number of employees, in any case where shift work is involved, where a
shift of workers will arrive at the premises before work to relieve a shift that is to depart the
site, the number of parking spaces to be provided shall be computed on the basis of the total
number of employees on the two largest work shifts.
p. Schools - see Section 706.2 g.
q. Golf Courses - see Section 703.2 b.
r. Hotels and Motels see Section 713.2 e.
s. Stores for the retail sale of furniture - one (1) parking space for every five hundred (500)
square feet of gross floor area or major fraction thereof.
t. Conditional uses under Section 711 - see Section 711.3 n.
u. As to any use not specified above, or not otherwise provided for in this ordinance, the parking
requirement shall be determined by the Township Engineer based on Institute of Transportation
Engineering published data, or other generally accepted design criteria.
801.2-11 Where a property or building is used or occupied for more than one of the uses above set
forth or otherwise provided for in this ordinance, the number of parking spaces provided shall be the
total required for all such uses contained on said property or in said building, as the case may be.
This section excludes Shopping Centers
801.2-12 The minimum number of parking spaces required by this ordinance shall be kept current
with any changes in size or use of a building or property and/or number of employees, as the case
may be. In addition to the requirements of a Certificate of Occupancy set forth in Section 1204.2 of
this ordinance, in any case where there is an increase in the size of any building or number of
employees, or change in the use of any land or buildings the occupant shall immediately report such
information to the Zoning Officer who, in conjunction with the Planning Board, shall review such
increase to ascertain if additional parking spaces shall be required by reason of such increase or
change. In the event any such increase or change shall require additional parking spaces, the same
shall immediately be provided; compliance shall be evidenced by a Certificate of Occupancy, and in
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the event of noncompliance, the prior Certificate of Occupancy shall be revoked and the owners,
tenants and other parties in interest shall be subject to the penalties of this ordinance for operation
and/or use without a Certificate of Occupancy.
801.2-13 All off-street parking areas, passageways, and driveways, shall be subject to the approval of
the Zoning Officer and Planning Board to insure their adequacy, their relation to traffic safety,
protection of the adjacent properties, whether residential or otherwise, and conformity to the
requirements of this ordinance, subject to the standards set forth in this ordinance.
801.2-14 In any business (RHC, VC) or Industrial District, parking spaces shall be no closer than ten
(10) feet to any building.
802. OFF-STREET LOADING AND UNLOADING PROVISIONS.
802.1 For every building, structure or part thereof having five thousand (5,000) square feet or more of
gross building area, erected and occupied for commerce, manufacturing, storage, goods display, retail
store, wholesale store or warehouse, distribution center, market, restaurant, laundry, dry cleaning, place
of public or quasi-public assembly, industry, or other similar uses involved in the receipt and distribution
by vehicles of materials or merchandise, there shall be provided and permanently maintained, adequate
space for standing, loading, and unloading services in order to avoid undue interference with the public
use of streets or alleys, and with areas designated for parking and their passageways and drive-ways, in
accordance with the following standards:
a. Every such building, structure or part thereof having at least 5,000 square feet of gross building
area, as aforesaid, but less than 10,000 square feet of gross building area, there shall be provided at
least one (1) truck standing, loading and unloading space on the premises, not less than twelve (12)
feet in width, sixty-five (65) feet in length, and fourteen (14) feet in height.
b. For each additional 25,000 square feet of gross building areas as aforesaid, or fraction thereof,
there shall be provided one additional truck standing, loading and unloading space having the
foregoing minimum dimensions.
c. No such truck standing, loading, or unloading space shall be in front of nor visible, from the front
of any building, and no loading or unloading shall be conducted in front of any building.
802.2 Access to truck standing, loading and unloading space shall be provided directly from a public
street or alley or from any right-of-way that will not interfere with public convenience, and will permit
orderly and safe movement of truck vehicles.
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802.3 Loading space as required under this Section shall be provided in an area in addition to off-street
parking space and shall not be considered as supplying off-street parking space.
802.4 Off-street loading and unloading areas shall be surfaced with a dustless, all-weather pavement
(asphalt, bituminous, concrete or equivalent), which shall be adequately drained, all subject to the
approval of the Township Engineer, and subject to the posting of performance guarantees as set forth in
Article 10 of this ordinance.
803. SPECIAL PERMIT FOR REDUCTION IN REQUIRED PARKING OR LOADING SPACES.
803.1 The number of off-street parking spaces or off-street loading and unloading spaces to be installed
initially as required by the provisions of Sections 801 and 802 for building types or uses other than
dwellings or residences, may be reduced provided that:
a. A special permit is obtained from the Planning Board in accordance with the provisions of this
Section.
b. The reduced number of off-street parking or loading spaces to be installed shall not be less than
the minimum number found by the Planning Board to be needed to serve adequately the use or
prospective use of the building in the light of the occupancy thereof, customers, employees, traffic in
connection therewith, and such other factors as are relevant to parking generated thereby.
c. An off-street parking plan providing for not less than the number of parking spaces required by the
applicable subsections of Section 801 shall be submitted and, if approved, shall become part of any
special permit. That part of such parking layout that represents parking spaces or loading spaces in
excess of the reduced number to be installed pursuant to special permit, which excess is not to be
installed initially, shall not be encroached upon by buildings or other structures, shall remain readily
available for future construction and installation of off-street parking, and shall be maintained in its
natural state or with such landscaping as shall be required or approved by the Planning Board.
d. The applicant shall enter into a written agreement with the Township by which the applicant
agrees to construct and install all or any part of such additional off-street parking at any time or times
if the Planning Board, after receipt of a complaint from the Zoning Officer or from any interested
person, shall by resolution determine to require such construction and installation, and shall so notify
the owner of the premises. The agreement shall also provide that the owner shall maintain the area to
be covered by the excess parking space in the manner required by the Planning Board pursuant to
Section 803.1 (d) and that if the owner shall fail to so maintain such area, or fail to construct and
install required off-street parking or loading spaces after notice to do so, the Township shall have the
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right to enter upon the premises and to cause such maintenance to be performed or such off-street
parking to be constructed thereon. The agreement shall further provide that if such maintenance or
construction by the Township becomes necessary, the cost of such, after procedure as required by
law, shall become and be a lien upon the premises, enforceable and collectible in the same manner as
municipal improvement assessments. The form of the agreement shall be subject to approval of the
Township Attorney and shall become a part of any special permit issued
803.2 Any owner or group of owners of a non-residential building or buildings, located not more than
300 feet apart in any RHC, VC or Industrial Zone District, may apply for a reduction in the parking
requirements of each individual use and to utilize the “shared parking” concept to establish the overall
parking requirements for the entire property or properties, provided that:
a. A special permit is obtained from the Planning Board after the filing of a “shared parking”
application.
b. In considering a “shared parking” application, the Planning Board shall follow the procedure for
granting relief under N.J.S.A. 40:55D-70(b).
c. There shall be filed with the “shared parking” application, the site plan containing all information
required by the Land Development Ordinance. If approved, the site plan shall become a part of the
“shared parking” special permit.
d. There shall be filed with the “shared parking” application, five (5) copies of a “shared parking”
study prepared by a qualified traffic engineer or transportation planner. If approved, the “shared
parking” study shall become a part of any special permit issued. The filing of the written study does
not relieve the applicant from the necessity of presenting oral testimony at the time of the hearing on
the application. The study shall set forth all criteria used, including peak unit ratios, parking
utilization for each unit by half hour periods, parking accumulation totals for each half hour period,
employee parking requirements, and any other criteria used in developing the “shared parking”
recommendation. Any technical articles, learned treatises or other authorities cited or relief upon
shall be listed by title, author, date of publication and address from which copies may be obtained.
e. The applicant shall enter into a written agreement with the Township to limit and restrict the uses
placed or to be placed upon the subject property so that the “shared parking” provided will not be
over utilized. The written agreement shall provide that upon complaint from the Zoning Officer, or
from any interested person, the Planning Board may limit the number, type or extent of uses on the
premises, or the hours of operation of the uses on the premises, so that the “shared parking” will not
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be overcrowded. The agreement shall also provide that the covenants and undertakings of the
applicant will be binding upon its successors and assigns, and also upon its tenants, subtenants, and
all other persons acquiring any interest in or possession of the premises. The agreement shall be in
recordable form and shall be subject to the approval by the Township Attorney as to form. The
agreement shall become a part of any special permit issued by the Planning Board. The failure of the
applicant to abide by the terms of the agreement shall constitute a violation of the relief granted,
which violation may be prosecuted under Article 12 of this ordinance.
f. The Planning Board shall have the power, in connection with the grant of such “shared parking”
special permit, to impose conditions upon the applicant relating to the types of occupancies to be
upon the premises, the nature of all commercial uses and their hours of operation. The Planning
Board shall have the power to prohibit certain uses or occupancies if the projected parking
requirements of the uses or occupancies would over utilize the “shared parking” available.
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ARTICLE 9
SIGNS
DEFINITIONS:
Animated Signs: Signs that display images in a dynamic way, like television or movies
Contractor: Home Improvement Contractor legally licensed by the State of New Jersey
Digital Signs: A form of electronic display, including but not limited to LCD, LED, Plasma Display, or
Projected Images.
Display Interval: The amount of time between displaying different images
EMC: Electronic Message Center
Nit: a luminance unit equal to 1 candle per square meter (.093 candela/s.f.) measured perpendicular to the
rays from the source
Scrolling Signs: Signs that have the letters or images move across the sign
901. SIGN REGULATIONS.
901.1 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.
In all Residential Districts, and all properties in any zone district used for residential purposes, the
following regulations shall apply:
901.1-1 Nonilluminated or nonflashing indirectly illuminated name plate sign, situated within the
property lines and bearing only the name of the principal occupant and/or the street number of a
private dwelling and not exceeding seventy-two (72) square inches in total area; provided, however,
that any illumination shall not cause a glare visible beyond the property lines.
901.1-2 Nonilluminated or nonflashing indirectly illuminated professional signs bearing the name of
the professional person or persons using the premises and indicating the profession, each of such
signs not to exceed one (1) square foot on each of two (2) sides for each professional occupying the
premises.
901.1-3 Signs identifying a use in a residential district such as a club house, public or quasi-public
building or buildings used solely for nonprofit, church, school, hospital or other like purposes but not
including any activity of a retail nature, provided said sign is located on the same premises as the use
that it identifies. No such sign exceeding (9) square feet on each of two (2) sides may be placed upon
any property.
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901.1-4 One (1) temporary advertising sign pertaining only to the lease or sale of the same premises
on which it is placed provided that such sign shall not exceed six (6) square feet in area on each of
two sides and shall not be illuminated. Such signs shall be removed within seven (7) days after the
execution of any lease, rental agreement, or occupancy by other than owners, or agreement of sale
for the premises.
901.1-5 One temporary ground mounted sign for contractors pertaining to work being performed on
the premises where the work is being performed provided that the sign shall not exceed four (4)
square feet, inclusive of all contractors performing work on said premises. Such signs shall be
removed promptly upon completion of the work. In no event shall the Temporary Signs stay in place
for more than sixty (60) days in any one calendar year.
901.1-6 Not more than one (1) sign for each use, profession or activity coming within the provisions of
this section shall be permitted for each street contiguous to the premises, but in no case shall there be
more than two (2) such signs on the premises.
901.1-7 Such signs as may be required by the Township, County, State or Federal Government.
901.1-8 Signs for elections, special elections, or referendums may be erected. Said signs shall be removed
within five (5) calendar days after the completion of the event by whoever paid for the sign.
901.2 SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL DISTRICTS. In the RHC and
VC Districts and the Industrial District, the following sign regulations shall apply.
901.2-1 Any sign permitted under Section 901.1.
901.2-2 Non-illuminated or non-flashing illuminated sign identifying each permitted use in a
principal building may be applied or attached to the front facade of that building. Such signs shall not
project more than twelve (12) inches from the building facade nor extend above the uppermost edge
of such facade. Roof-mounted signs are prohibited. Where a principal building fronts on more than
one street, such signs may also be placed on the facades facing such additional streets. The total area
of all signs placed on all facades of a building shall not exceed ten percent (10%) of the area of the
front facade of the building (“front facade” being where the main entrance is located) for Upper
Level Businesses. Facade Signs on Upper Level Businesses shall not exceed 10% of the front Facade
Area of the space being occupied. Facade Signs for Lower Level Businesses with entrances at the
rear of Buildings (opposite street side of building) may not exceed 10 % of the facade area of the
space being occupied. Facade Signage on Lower Level Businesses, that is indirectly illuminated
from above is limited to business hours. The maximum lighting level permitted for Facade Signage
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on the rear of buildings shall be 0.5 foot candles at 15 feet.
901.2-3 Free-standing business signs are permitted but only if erected on the same premises on
which the business to which they refer is conducted when the property frontage conforms to the
requirements set forth in the Schedule under Section 901.2-3a. One free standing business sign shall
be permitted for two adjacent properties, if one or both properties do not meet the minimum frontage
requirements in the schedule under Section 901.2-3a. Such signs shall conform to the following:
a. There may be one (1) free-standing digital, non-illuminated, or illuminated sign permitted in
the RHC District for each lot except for lots having a frontage of 189 ft. or less to identify the
permitted use on the premises. Illuminated signs may be illuminated only by non-flashing
internal or downward directed and shielded indirect lighting and lighting levels shall not exceed
1.0 foot candle at 15 feet in any direction from the sign. The total area of each of two sides of any
such sign shall be in accordance with the following schedule:
SCHEDULE
Property
Frontage
Number of
Occupancies
Maximum Size
Sign Each Occupant
Maximum Size Sign
for all Occupancies
190'-249'
1
30 Sq. Ft.
30 Sq. Ft
l90'-249'
2 or more
30 Sq. Ft.
120 Sq. Ft.
250' and over
1
50 Sq. Ft.
50 Sq. Ft.
250' and over
2 or more
50 Sq. Ft.
200 Sq. Ft.
Digital (Video and Electronic Message Center Signs) may be substituted for permitted
illuminated signs subject to the following criteria:
a) Brightness shall not exceed 1000 nits daylight and 200 nits at night. Dimming of signs shall
occur automatically
b) Intervals between displays shall be no less than 2 hours. Changes in images shall be
instantaneous
c) Scrolling and animated displays are not permitted
d) The display shall automatically go dark if there is a malfunction
e) Cannot be located within 400 feet of a residential district, unless an application for minor site
plan is submitted to the Land Use Board demonstrating that the sign will be adequately
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screened from view from all residentially zoned properties within 400 feet of the proposed
sign.
901.2-3 (b) There may be one (1) free-standing sign permitted in the VC district for each business,
or group of businesses, that is not attached to any other building. Such signs may be internally
illuminated only by non-flashing fluorescent lights. Digital signs are not permitted in the VC
district. Lighting levels shall not exceed 1.0 foot-candle at 15’ in any direction from the sign.
Wall blade identification signs are limited to 36 s.f. in area. The total area of each of the two
sides of the free-standing sign shall be in accordance with the following schedule:
Property Frontage
Maximum Size Sign per
Property
Less than 125’
5 s.f.
125’ and over
20 s.f.
c. On buildings in the RHC District having walkways roofed over with a permanent rigid canopy
or other such structural device there may be one (1) illuminated or non-illuminated sign for each
structure or occupant in such shopping center hanging from the under side of the canopy and not
exceeding three (3) square feet per side. Said sign shall provide a minimum of 8 feet of clear
space above the walkway.
d. Awnings of any kind, Canopy or Marquee Signs, conforming to the Yard Requirements as
defined under Section 301.8 Building Line, means any sign attached to a permanent or retracting
overhead shelter that projects from the face of the building and is supported from the building
shall be a minimum of 10 feet above the ground and may not extend more than five (5) feet from
the face of the building. All signage shall be parallel to the face of the building and shall not
exceed eight (8) inches in height or four (4) inches in height if the sign is on sleeves; skirts or
bands at the outer perimeter of the awnings of any kind, canopy, or marquees attached to the
same building must be the same shape and color.
901.2-4 One Banner or one Flag and Pennants may be installed for the opening of a new Business for
a period not exceeding fourteen calendar days. Temporary Advertising signs for Special Sales in the
form of a maximum of one banner or one flag not exceeding fifty (50) square feet may be installed
for a maximum of twenty one calendar days. A permit is required before installation (21 days shall
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be deemed to include any days that the signs are in place prior to a permit being issued). No more
than 6 permits for special sales will be issued during the calendar year. Temporary Advertising signs
are not permitted on properties that have digital free standing advertising signs.
901.2-5 Advertising Signs visible through doorways and windows for purpose of advertising pasted,
painted, hung, or otherwise attached to, or directly behind, windows or doors may be placed in
windows for a period not exceeding fourteen (14) calendar days for any given sign. Such signs shall
not exceed 20% of the total window or doorway area of the front of the store.. Such Temporary signs
are not permitted in side or rear windows or doors. One (1) temporary “Help Wanted” signs no larger
than 2 s.f. is permitted for a period no longer than 45 days.
901.2-6 One sign is permitted demarcating the entrance and exit driveway to each property. Each
sign shall be no larger than four (4) square feet and shall not contain any words or logo’s other than
“Entrance” and “Exit”.
901.2-7 One Temporary Real Estate Sign for each Street Frontage in Commercial Districts pertaining
only to the lease or sale of the same premises in which it is placed are permitted. That such sign shall
not exceed twelve (12) square feet in area and shall not be illuminated. Such signs shall be removed
within seven (7) days after the execution of any lease, rental agreement or agreement of sale for the
premises.
901.2-8 Prohibited Signs. The following types of signs or artificial lighting are prohibited:
a. Billboards, Commercial Outdoor Advertising Signs, or other signs which are not expressly and
directly related to the business being conducted on the premises.
b. Flashing, Animated, Intermittent, scrolling, or moving signs, including any sign or device on
which the artificial light is not maintained stationary, or is not constant in intensity and color, at all
times when in use.
c. Neon or LED (Light Emitting Diode) strips or ropes or other lights used to outline windows or
outlining individual occupancies in strip centers, accessory structures, signs, light poles and
appurtenances, and vertical features.
d. Sound generating signs of any type or kind.
e. No devices, such as, streamers, balloons, flags, search tights, spinners, pennants, pinwheels,
sandwich boards, inflatable items or characters, A-Frame type, etc. or sales promotion signs
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(except as provided in Section 901.2-4, 901.2-5, & 901.2-7.
f. Signs, being held or carried, posted in any fashion on poles, posts, trees, sidewalks, or curbs or
on any Township property or public right of way.
g. Vehicles parked so as to serve as Advertising Signs.
h. Any sign not specifically permitted by this Ordinance.
901.3 SIGNS PERMITTED IN THE SMD DISTRICT See Section 901.1.
902. SIGN PERMITS
Sign permits shall be required for all signs greater than two (2) square feet in area. See Section 1204.5.
903. GENERAL PROVISIONS.
903.1 No flashing or moving signs of any type may be erected anywhere within the corporate limits of
the Township of Green Brook.
903.2
FREE STANDING SIGN REQUIREMENTS:
RHC district
VC district
Maximum height to top of sign
25’
6’
Maximum depth of sign
18”
18”
Minimum setback from right-of-way line to center of sign
15’
15’
Minimum setback from property line to sign
5’
15’
Minimum height to bottom of sign
10’
3’
Maximum height to bottom of sign
22’
-
903.3 No sign shall be permitted which, by reason of location, color or illumination shall obstruct,
camouflage, detract from, be confused with, or shall interfere with any traffic direction or control signal,
sign, or device.
903.4 All such signs which do not conform to the specific requirements and standards set forth in this
ordinance are specifically prohibited. (See Section 901-2-8).
903.5 Unless otherwise permitted by the Planning Board or Zoning Board of Adjustment, illuminated
signs or the exterior lights that illuminate them shall be turned off within 30 minutes after the close of
business of the use advertised or identified by the sign or by 11:00 pm, whichever is later.
904 ADMINISTRATIVE PROCEDURES - SIGNS
904.1 Any sign including stanchions, support, etc. now or hereafter existing which no longer advertises a
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bona fide business being conducted on the premises shall be removed from said premises by the record
owner or beneficial user of the premises within ten (10) days from the receipt of a written order to do so
from the Construction Official and/or Zoning Officer.
904.2 Where an existing sign frame is to remain after, a bona fide business has moved from the
premises, the owner or beneficial user shall replace the sign with an opaque panel to cover the internal
portions of the sign within ten (10) days from the receipt of a written order to do so from the
Construction Official and/or Zoning Officer. In default of said removal, the Township Clerk is
authorized to effect the removal of said sign and to charge all costs incident to the same to either the
record owner or the beneficial user of the premises, or to both, provided that there shall be no duplication
of the payment of said costs.
904.3 If at any time the Township Committee shall determine that any sign in the Township constitutes a
menace to the health, safety, morals or general welfare of the community, it shall notify the record owner
and the beneficial user of the premises on which said sign is located by serving a written notice upon
such person or persons, together with a written notice of demand that the condition be remedied within
ten (10) days from the receipt of said notice and demand. If the condition is not so remedied, the
Township Committee shall undertake the necessary steps to rectify the same, charging all the costs
incident to the owner or beneficial user of the premises, or both, provided that there shall be no
duplication of the payment of said costs.
904.4 The Construction Official, Township Engineer, Building Code Enforcement Official, or other
Authorized Public Officer shall at all times have the power to act to require the removal, demolition or
repair of any sign or any other structure under the State Uniform Construction Code or any other
applicable law, ordinance or regulation.
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ARTICLE 10
LANDSCAPING AND FENCES
1001. LANDSCAPING.
1001.1 Landscaping consisting of attractive trees, shrubs, plants, natural or synthetic grass lawns and
decorative stores or rock gardens, shall be shown on site plans and shall be planted and maintained as
required in specific sections of this ordinance, or as set forth in this Section.
a. Whenever a non-residential use abuts a residential zone, a solid and continuous landscaped screen
shall be planted and maintained along the property line of the non-residential use. Said landscaping
shall consist of massed evergreens, deciduous trees, and shrubs, of such species and size as will
produce, within two (2) growing seasons, a screen at least six (6) feet in height, and of such density
as will effectively obscure the light of automobile headlights emitted from the premises throughout
the full course of the year. Such buffer shall be at least 25 feet wide. In addition to such planting, the
owner of the non-residential property shall erect on the buffer area a fence at least six (6) feet in
height for the purpose of protecting the residential property from litter, debris, and light glare, and
such other nuisances that would disturb peaceful possession. Such fence shall be solid, and shall be
located as required by the approving authority.
d. Planted buffer areas shall be used for stormwater management to disconnect areas of impervious
coverage. Landscaping in buffer strips shall consist of native vegetation, which requires less
fertilization and watering than non-native species.
e. A 25’ vegetative buffer strip shall be provided adjacent to all streams, creeks, and other
waterways and water bodies to mitigate thermal runoff impacts, provide wildlife habitat, and
increase site aesthetics. Where natural wooded conditions do not exist, new native plantings shall be
installed.
1001.2 GUARANTEES.
1001.2-1 Whenever landscaping, seeking and/or buffer area planting is required under this Section,
or any other Section of this ordinance, or by the Land Development Ordinance, or by any condition
of approval of the Planning Board or Board of Adjustment, the same shall be planted prior to the
issuance of the Certificate of Occupancy for the use of the property; provided, however, that when
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the season or weather conditions do not permit such plantings to coincide with the completion of the
buildings or structures, same shall be accomplished within a time to be specified in the issuance of
such Certificate of Occupancy, based upon the season of the year when issued.
1001.2-2 No Certificate of Occupancy shall be issued for any use requiring landscaping, seeking
and/or planted buffer area under this ordinance, or as a condition of any approval under this
ordinance, unless the owner shall have filed with the Township the performance guarantees required
under the provisions of the Land Development Ordinance of this Township, sufficient in amount to
cover the costs of such required plantings, including replacement thereof and maintenance thereof for
a two year period.
1002. FENCES
1002.1 When fences are to be installed as part of an initial application involving a building or other
structures, the same shall be shown on the site plan, and the nature of said proposed fence shall be
described.
1002.2 Barbed-wire and electrically charged fences are specifically prohibited; however barbed-wire
may be permitted to be installed above a height of six (6) feet on customary security-type fences, if
permission therefore is specifically granted by the appropriate authorities.
1002.3 All fences must be erected within the property lines, and no fences shall be erected so as to
encroach upon a public right-of-way. See also Section 409.
1002.4 Every fence shall be maintained in a safe, sound, upright condition.
1002.5 Spite fences are specifically prohibited, as are “fences” made from used or discarded materials
not usually associated with fences, such as but not limited to doors, old lumber and the like
1002.6 No new fences may be installed which exceeds the height of 6' (six feet).
1002.7 No fence greater than 4' (four feet) in height may be installed in the front yard (as defined in
Section 301.64.1.)
1002.8 Properties which are corner lots, having frontage on two or more public roads, shall comply with
Section 1002.7 for the front yard in which the house faces. The second front yard shall be considered a
side yard except that no fence greater than 4' (four foot) in height may be installed in front of the rear
building line of the house as projected to the right of way line.
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ARTICLE 11
BOARD OF ADJUSTMENT AND PLANNING BOARD
1101. BOARD OF ADJUSTMENT.
Whenever the term Board of Adjustment is used in this ordinance, it shall mean the Board of Adjustment of
the Township of Green Brook as established pursuant to statute and Article 11 of the Land Development
Ordinance.
1102. PLANNING BOARD.
Whenever the term Planning Board is used in this ordinance, it shall mean the Planning Board of the
Township of Green Brook as established pursuant to statute and Article 11 of the Land Development
Ordinance.
1103. PROCEDURES.
The procedures for applications to the Board of Adjustment and the Planning Board, requirements as to
hearings, fees to be charged, and other matters, shall be as set forth in the Land Development Ordinance of
the Township of Green Brook.
1104. POWERS.
It is intended that the Board of Adjustment and the Planning Board possess all of the powers conferred upon
such boards, respectively, by law.
1105. STANDARDS GOVERNING EXERCISE OF DISCRETION BY THE APPROVING
AUTHORITY
In any instance where the Approving Authority, whether Board of Adjustment or Planning Board, is
empowered to act upon any application or upon a variance or conditional use, or to exercise its discretion in
the granting of any relief pursuant to this ordinance, or any other applicable law, it shall, in addition to any
other factors elsewhere in this ordinance:
1105.1 Assure itself that the proposed change or use is consistent with the spirit, purpose or intent of the
Zoning Ordinance.
1105.2 Determine that the proposed change or use will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that the use of the property adjacent
to the area included in the proposed change, use or plan is adequately safeguarded.
1105.3 Determine that the proposed change or use will serve the best interests of the Township, and the
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convenience of the community (where applicable), and the public welfare.
1105.4 Be guided in its study, review and recommendations by sound standards of subdivision practice,
where applicable.
1105.5 Consider the suitability of the proposed location of an industrial or commercial use with respect
to probably effects upon highway traffic, and assure adequate access arrangements in order to protect
major highways from undue congestion and hazard; guide the development of highway frontage insofar
as possible so as to limit the total number of access points and encourage the fronting of buildings on
parallel marginal roads or on roads perpendicular to the highway guide the development of direct access
to and from State highway properties so as to promote, where possible, acceleration and deceleration
lanes to and from the State highway and to discourage where possible; right angle turns into and off the
State highway.
1105.6 Consider the effect of the proposed change or use upon topographical conditions and drainage
and flood problems, giving due consideration to the flood hazard areas set forth in the map referred to in
Section 611 of this ordinance, and provide for preservation of the channel and flow of water in natural
streams and water courses and storm water sewers or drainage ditches, to safeguard the public against
flood damage.
1105.7 Consider the effect, of the proposed change or use upon the logical, efficient and economical
extension of public services and facilities such as water, sewers, police and fire protection, and public
schools, and assure adequate arrangements for sanitation in specific instances.
1105.8 Ascertain the adequacy of sanitation and public safety provisions, where applicable, and require a
certificate of adequacy of sewage and water facilities from the Board of Health in any case required
herein or deemed advisable.
1105.9 Require that all commercial or industrial parking, loading, access or service areas shall be
adequately illuminated at night while in use, and that such lighting, including sign lighting, shall be
arranged so as to protect the highway and neighboring properties from direct glare or hazardous or
objectionable interference of any kind.
1105.10 Consider the effect of the proposed change or use upon the ecology of the community to assure
adequate environmental protection.
1105.11 The Board of Adjustment or Planning Board, as the case may be, in granting any approvals
under this ordinance, may impose such conditions, in addition to those required in this ordinance, as are
necessary to assure that the general purposes and intent of this ordinance are met. Such conditions may
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include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or
sound screen, and minimizing of noxious, offensive or hazardous elements, preservation of natural
features, and the posting of performance guarantees, of the nature required in the Land Development
Ordinance, to assure compliance with requirements that will survive initial construction and the issuance
of the Certificate of Occupancy.
1105.12 FINDINGS WITH RESPECT TO INDIVIDUAL LOTS.
In the official resolution approving the design layout of any development application, the Approving
Authority shall make a specific finding that all of the proposed lots shown on the development plat are
suitable and useable for the intended purpose, and that each proposed lot contains sufficient area to
accommodate the proposed building or buildings, proposed accessory structures, proposed parking, the
proposed potable water supply, the proposed sewage disposal system, as well as to provide adequate
space for all front, side and rear yard setbacks required by the zoning ordinance.
The Approving Authority shall also make a specific finding that the development application being
approved does not require variance, conditional use approvals, plan-design waivers or relief from any
other ordinance requirement, nor does it violate the terms or conditions imposed upon the subject
property as a part of any earlier development application approval. If variance or other relief is required,
the Approving Authority shall specify the types of relief required. This section shall apply to any single
lot which is itself the subject of a separate application; provided, however, that the Approving Authority
is not required to make the specific findings in an application involving a single lot which is utilized for
a single family dwelling.
1105.13 LOTS NOT SUITABLE.
If the Approving Authority finds that one or more of the proposed lots do not comply with the foregoing
standards, then the design layout of the development shall not be approved, and the applicant shall be
directed to submit a revised design layout. The official findings of the Approving Authority shall state
which of the proposed lots was found to be unsuitable, and shall state the reasons for the finding of
unsuitability, making reference to specific provisions, terms or conditions imposed by earlier
development approval resolutions, of the Land Development Ordinance, of the Zoning Ordinance, of any
other local ordinances or of any law of the State of New Jersey which forms part of the basis for the,
denial of approval.
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ARTICLE 12
ADMINISTRATION; PERMITS; CERTIFICATES
1201. ENFORCEMENT.
The primary enforcement officers of this ordinance shall be the Zoning Officer and the Construction
Official, and their respective deputies and Building Sub-Code official.
1201.1 Zoning Officer. The Township Committee shall appoint a Zoning Officer annually at its
reorganization meeting, or as soon thereafter as may be practicable. The Zoning Officer shall serve for
the remainder of the calendar year in which appointed.
1201.2 Deputy Zoning Officers. The Township Committee may also designated Deputy Zoning Officers
for the purpose of signing complaints and prosecuting violations of this ordinance in the Municipal
Court, or any other Court, and such deputy zoning officers may include, by way of illustration and not
by way of limitation, the Chief of Police and members of the Police Department, as the Township
Committee may deem advisable.
1201.3 The same individual may be named by the Township Committee to serve as both the
Construction Official and Zoning Officer, or the Township Committee may appoint separate persons to
said positions.
1201.4 For the purpose of administering, issuing and enforcing zoning permits under N.J.S.A. 40:55D-
18 and Article 12 of the Zoning ordinances, all references to “zoning officer” shall mean “administrative
officer”.
1202. DUTIES OF ZONING OFFICER.
It shall be the duty of the Zoning Officer, or duly authorized assistants or deputies, to examine and inspect
any plans, buildings or premises to determine that they are not in violation of the provisions of this
ordinance. The Zoning Officer shall have the right to enter any building or premises during daytime hours in
the course of his or her official duties, except as otherwise may be proscribed by law.
1202.1 Where the Zoning Officer, in the course of his or her duties, determines that any plans, buildings,
or premises are in violation of the provision of this ordinance, he or she shall, in writing, order the
responsible party to remedy such conditions and to cease such violations. Said written order shall specify
the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the
penalties and remedies which may be invoked by the Township, and the violators rights of appeal; all as
provided for by this ordinance and the laws of the State of New Jersey. A copy of the written order shall
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be transmitted to the Construction Official who shall thereupon cause the Certificate of Occupancy for
the building or premises to be suspended or to be held null and void. A new Certificate of Occupancy
shall be required for any further use of such building or premises.
1202.2 The Zoning officer shall issue Zoning Permits or Temporary Use Permits, as appropriate and as
provided for elsewhere in this ordinance. No such permit shall be issued for any plans which would be in
violation of the provisions of this ordinance.
1202.3 The Zoning Officer shall inspect premises after construction and prior to issuance of a Certificate
of Occupancy to assure that the building in fact does comply with the plans as approved and this
ordinance. If it does, the Zoning Officer shall issue the Zoning Certificate. (See Section 1204.5).
1202.4 The Zoning Officer shall maintain a permanent record of all matters considered and all action
taken by him or her. Such records shall form a part of the records of that office and shall be available for
the use of the Township Committee and other officials of the Township, County and State. The records
to be maintained shall include at least the following:
(a) Application File. An individual permanent file for each application for a permit provided for by
this ordinance shall be established at the time the application is made. Said file shall contain one (1)
copy of the application and all supporting documents, maps, and plans; notations regarding pertinent
dates and fees, and the like; as appropriate one (1) copy of the resolution of the Approving Authority
in acting upon the application; and the date the permit applied for was issued or denied by the Zoning
Officer.
(b) Monthly Report the Zoning Officer shall prepare a monthly report for the Township Committee.
Said report shall cite all actions taken by the Zoning Officer including all referrals made by him or
her, all permits and certificates issued and denied: and all complaints of violations received and all
violations found and the action taken by the office consequent thereon.
A copy of this monthly, report shall also be transmitted by the Zoning Officer to the Tax Assessor,
Planning Board and Board of Adjustment at the same time it is transmitted to the Township
Committee.
1203. PROCEDURE ON APPLICATIONS.
1203.1 At the lime of application for a construction permit (by whatever name) to construct, alter or
repair a detached one or two dwelling-unit building, to be used exclusively for residential purposes, in a
Residential District, the applicant shall also apply to the Zoning Officer for a Zoning Permit.
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(A) The applicant shall supply the Zoning Officer with the information required by Section 603 (d) of
the Land Development Ordinance, as well as all data required by the State Uniform Construction Code.
(B) If the Zoning Officer shall determine that said application conforms in all respects to the
requirements of this ordinance, he or she shall issue the Zoning Permit and sign and stamp all plans,
and so advise the Construction Official.
(C) If the Zoning Officer shall determine that said application does not conform in all respects to the
requirements of this ordinance, he or she shall note in what respects the application does not conform
and shall deny the application. The Zoning Officer shall notify the Construction Official of such
denial, and shall advise the applicant of the applicant’s right to apply to the proper board for an
appropriate remedy.
1203.2 As a condition precedent to (i) the erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure, (ii) the use or occupancy of any building
structure or land, an applicant shall apply to the zoning officer for a zoning permit. The zoning officer
may condition the issuance of such permit, certificate and authorization upon submission of such data,
materials, plans, plats and information as is authorized under the Municipal Land Use Law, N.J.S.A.
40:55D-1, et seq., and the Zoning Ordinance of the Township of Green Brook, and upon the express
approval of the appropriate state, county or municipal agencies; the fee for the review and issuance of
the zoning permit shall cover administrative costs for the issuance of the permit, certificates and
authorization. The zoning officer shall issue or deny a zoning permit within in (10) business days of
receipt of a request, therefore in the event the zoning officer fails to grant or deny a zoning permit within
this period, the failure shall be deemed as to be an approval of the application for the zoning permit. In
any case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or
any building, structure or land is used in violation of the law or of any ordinance or other regulation
made under authority conferred by law, the proper local authority or an interested party, in addition to
other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or
abate such violation, to prevent the occupancy of the building, structure or land, or to prevent and illegal
act, conduct, business or use in and about such premises.
1203.3 At the time of application for a construction permit, by whatever name, to construct, alter, or
repair a building to be used for commercial, industrial or multi-family residential purposes, the applicant
must be in receipt of an unconditional zoning permit issued by the zoning officer.
191
1204. CERTIFICATES AND PERMITS.
The Certificates and Permits enumerated herein are hereby established for the equitable enforcement and
administration of the provisions of this ordinance.
1204.1 CONSTRUCTION PERMIT. No construction permit as required by the Uniform Construction
Code, shall be issued unless the Construction Official shall first receive or issue, as the case may be, a
Zoning Permit, showing that the plans and intended use of such building or structure are designed and
intended to conform in all respects to the provisions of this ordinance and all other applicable
ordinances, laws and regulations.
1204.2 CERTIFICATE OF OCCUPANCY
1204.2-1 No Certificate of Occupancy shall be issued unless the Construction Official shall first
receive or issue, as the case may be, a Zoning Permit or Zoning Certificate, as applicable, showing
that said land and/or premises and the use thereof comply in all respects to the provisions of this
ordinance and all other applicable ordinances, laws and regulations.
1204.2-2 No land shall be occupied or use and no building shall be occupied or used, in whole or in
part for any purpose whatsoever, until a Certificate of Occupancy shall have been issued by the
Construction Official stating that the land or building, and the occupation or use of said land or
building, comply with all the provisions of this ordinance, and all other applicable ordinances, laws
and regulations.
1204.2-3 No change or extension of use and no alteration of use shall be made in a nonconforming
use of any land or building, without a Certificate of Occupancy having first been issued by the
Construction Official indicating that such change, extension or alteration is in conformity with the
provisions of this ordinance and all other applicable ordinance, laws and regulations.
1204.2-4
(A) No change shall be made in the use or occupancy of any land or building without a certificate
of occupancy having first been issued by the Construction Official indicating that such change is
in conformity with the provisions of this Ordinance, all other ordinances, laws and regulations,
and does not violate the terms and conditions of variances or approvals previously granted to the
subject property. Whenever the ownership or tenancy of a building, other than a building used or
occupied exclusively as a dwelling, shall change, a certificate of occupancy shall be obtained
indicating that the use or occupancy is in conformity with the provisions of this Ordinance, all
other applicable ordinances, laws and regulations, and the terms and conditions of any variances
192
or previous approvals granted to the subject property.
(B) Such certificate of occupancy shall be required in such case, whether or not there is any
change in the use of such building, in order to insure that there is no change of such use and to
register the name or names of the party or parties liable for compliance with the terms of this
Ordinance and all other applicable ordinances, laws, regulations and the ‘terms and conditions of
variances or other approvals previously granted to the subject property. In any case where the
certificate of occupancy is required because of a change in tenancy or ownership, but there is no
change in use, and the issuance of such certificate of occupancy is in order, the Construction
Official shall issue the certificate without referral to the Planning Board or other Approving
Authority, and no site plan review shall be required.
(C) In any case where the certificate of occupancy is required because of a change in use, the
Construction Official shall refer the application to the Planning Board or other Approving
Authority for review.
1204.2-5
(a) In any case where a Construction Permit is also required, the Certificate of Occupancy shall
be applied for at the same time that the application for a Construction Permit is filed and shall be
issued within ten (10) days after the erection or alteration of the building shall have been
completed in conformity with the provisions of this ordinance and all other applicable
ordinances, laws and regulations.
(b) In any case where no Construction Permit is required, but a Certificate of Occupancy is
sought, or, in a case where a Certificate of Occupancy is required because of a change in the
ownership or tenancy of a building, other than a building used or occupied exclusively as a
dwelling, the Certificate of Occupancy shall be applied for before the land or building is used by
the new owner or tenant, as the case may be; such Certificate of Occupancy shall be issued
within ten (10) days after the application therefore, provided the pro-posed use or occupation of
the land or building shall conform with the provisions of this ordinance and all other applicable
ordinances, laws and regulations.
1204.2-6 A record of all Certificates of Occupancy shall be kept on file in the office of the
Construction Official and copies shall be furnished upon request to any person having a proprietary
or leasehold interest in the building or land affected, upon payment of the appropriate fee therefore.
1204.3 ZONING PERMIT. The Zoning Officer is hereby empowered to issue a Zoning Permit for any
193
plans regarding the construction or alteration of any building or part of any building, or the change in use
of any land or building or part thereof, in accordance with the following:
1204.3-1 For a detached one or two dwelling unit building to be used exclusively for residential
purposes in a Residential District, when the Zoning Officer shall determine that such plans are not in
violation of the provisions of this ordinance.
1204.3-2 For any other use, other than specified in subsection 1204.3-1 above, when the Zoning
Officer, with the Approving Authority, under the procedures set forth in Article 3 of the Land
Development Ordinance, shall determine that such plans are in conformity with the provisions of this
Ordinance, that the same do not require a variance or conditional use from the terms of this
Ordinance, and that the same are in compliance with and do not violate the terms and conditions of
variances or approvals previously granted to the subject property.
1204.3-3 For any use requiring a variance or conditional use permit, upon receipt of the final
approval of the Approving Authority for such variance or conditional use, and accompanying site
plan approval.
1204.3-4 The reference to “two dwelling unit building” in Sections 1203.1 and 1204.3-i, above, is
made to conform to the language in N.J.S.A. 40:55D-37, and shall not be deemed permission for any
such use unless specifically permitted in a district in this ordinance.
1204.3-5 The issuance of a Zoning Permit shall constitute a determination that the requirements of
this ordinance have been met and shall be a prerequisite to the issuance of a construction permit. (See
Sec. 1204.1).
1204.3-6 Application for Zoning Permit
The zoning permit application entitled “Township of Green Brook, Application for Zoning Permit
(2002) is hereby adopted and included within this ordinance.
TOWNSHIP OF GREEN BROOK
APPLICATION FOR ZONING PERMITS (2002)
IMPORTANT: a current survey MUST be submitted with this application showing the size and location of
the lot, the dimensions and locations of the proposed building or structure on the lot, building set back,
dimensions of rear and side yards, and the dimensions and locations of the existing buildings or structures on
the lot. For non-residential applications a floor plan depicting interior layout of the unit is required in
addition to the survey.
194
BLOCK
DATE
LOT
ZONE
1. Name of applicant:
(If an applicant is a corporation or partnership, give correct corporate title or
business name and name of partners or authorized agent)
2. Applicant’s phone number
3. Applicant’s address
4. Name of lot Owner
(If applicant is not owner, give name and address of the owner of the premises and
letter giving permission for Zoning Permit signed by owner and notary)
5 Address of premises:
6. Attorney for applicant, if applicant is a corporation.
Address
Permit is requested for:
New House
Survey and Floor plans
New deck, or extension of existing, (indicate size of deck) existing
proposed
Accessory structure over 100 square feet
Pool, in ground or above ground (please circle)
Addition, explain use and submit floor plans
Porch
Demolition (explain)
Signs
Other (please detail)
195
example: pond, sidewalk, flagpole
I (we) hereby declare and represent to the Township of Green Brook that the statements made by me (us) in this
application are true and within my (our) knowledge; and that this application meets all the conditions as set
forth in both the Land Development Ordinance and Zoning Ordinance of the Township of Green Brook
Conditions:
and such statements are made for the purpose of obtaining a Zoning Permit
Owner’s Signature
Zoning Officer’s Approval
Denial - violates Zoning Ordinance section:
Construction Permits required:
yes no
Board of Health required:
yes no
Planning Board approval required:
yes no
Board of Adjustment approval required:
yes no
NJDEP approval required
yes no
Road Opening permit required
yes no
Other:
yes no
A Zoning permit is required:
(1) as a precedent to the commencement of use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building.
(2) That acknowledges that such use, structure or building complies with the provisions of the Municipal
Zoning Ordinance or variance there from duly authorized by a municipal agency.
Application fee paid $
1204.4 TEMPORARY USE PERMIT.
The Zoning Officer is hereby empowered to issue a Temporary Use Permit when he or she shall
196
determine that the requirements of this ordinance with respect thereto have been met and as directed by
the Approving Authority as follows:
1204.4-1 In connection with Construction or Development
It is recognized that certain types of construction and development require certain temporary
structures and uses incidental thereto; not intended to remain permanently on the property, and not
otherwise permitted by this ordinance.
The Approving Authority in its general supervision and site plan review shall have the power to
authorize, for a period not to exceed one (1) year, the following uses customarily incidental to such
construction and/or development storage of building supplies and machinery, the assembly of
building materials, temporary trailer or construction dwelling for use of workers and supervisors on
the site, and a real estate office located on the tract offered for sale.
The issuance of such permits shall be conditioned upon written agreement by the owner to remove
any structure or structures erected there under and to discontinue such uses upon expiration of the
Temporary Permit. Such permits may be renewed by the Approving Authority annually, over a
period not to exceed three (3) years.
1204.4-2 In connection with other temporary uses.
It is recognized that there are certain activities or uses of land and/or buildings which are by their
nature conducted only for a limited period of time and which may not otherwise be permitted by the
provisions of this ordinance, but which are of such nature and are so located that they will:
(a) In no way exert a detrimental effect upon the uses of land and activities normally permitted in
the zone; or
(b) contribute materially to the welfare of the Township, particularly in a state of emergency, or in
connection with civic or charitable functions, under conditions peculiar to the time and place
involved; or
(c) arise by reason of the requirements of other law with reference to property
Such uses may include strictly limited activities, such as outdoor amusements or circus events by
non-profit civic organizations, one-day auctions ordered by Courts in bankruptcy or other Court-
ordered liquidation, the provisions of temporary quarters for a limited period following a fire or
other casualty loss, or seasonal activity such as the sale of Christmas trees from an open lot
Application for a Temporary Use Permit, under this subsection shall be made to the Zoning
197
Officer, and shall be accompanied by a site plan modified to show such information as may be
required in order to enable the Zoning Officer and Approving Authority to consider said matter.
Such application shall also set forth in detail the times and dates for such proposed temporary
use, and any other information which may be required by the Zoning Officer and Approving
Authority.
The Approving Authority shall review such application and, upon the finding that one of more of
the above criteria are met, and upon finding that the proposed activity or use is of the nature
contemplated hereby, and being guided by other standards set forth in this ordinance for the
exercise of decision powers by a board acting pursuant to this ordinance, shall direct the Zoning
Officer to issue such Temporary Use Permit.
A Temporary Use Permit issued pursuant to this subsection (1204A-2) shall be effective only for
the period set forth in such Permit, but in no case for a period to exceed six (6) months.
In the event of the denial of such a Temporary Use Permit, the applicant shall have the right to
appeal such determination to the Board of Adjustment (40:55D-70b).
1204.5 SIGN PERMIT.
Prior to the erection of construction or establishment of any sign greater than two (2) square feet in area
(see Section 902), a sign permit shall be required. The application therefore shall show the size, type and
location of the sign, and the legend to be included thereon, and shall set forth such other information as
may be required by the Zoning Officer to show compliance with the terms of this Ordinance. If said
application shows compliance with the requirements of this Ordinance, the Zoning Officer shall issue
such permit. If such sign shall also require a building permit under the Construction Code the Township
of Green Brook, there shall be no erection or construction of any such sign until such building permit
shall also have been obtained. Upon satisfactory completion of the sign, the Zoning Officer shall endorse
upon the original sign permit, and upon the copies in his file, approval thereof if the same shall have
been erected, constructed or established in accordance with the requirements of this Ordinance.
1204.6 TEMPORARY OUTDOOR SALE PERMIT
The Zoning Officer is hereby empowered to issue a Temporary Outdoor Sale Permit for outdoor
sales by non-residential uses that would typically not be permitted by the provisions of this
ordinance. Outdoor sales typically consisting of, but not limited to, tent sales, sidewalk sales, or
truck sales. Application for a temporary outdoor sale permit shall be accompanied by a site plan
198
modified to show such information as may be required in order to enable the Zoning Officer to
consider said permit.
Such application shall also set forth the times and dates for the temporary outdoor sale permit. The
issuance of a temporary outdoor sale permit does not give the applicant the authority to install any
temporary advertising signs unless a separate temporary banner Permit authorized under section
901.2-4 is obtained. In approving the temporary sale permit, the zoning officer may alter the
location of the sale to avoid traffic congestion and protect the public safety. The location of the
temporary outdoor sale shall be set back at least 50 feet from the street right of way and at least 10
feet from all driveways and other property lines, or other distance as determined appropriate by the
zoning officer. Temporary outdoor sale permits shall be valid for 14 days. No more than 6 permits
for temporary outdoor sales per business will be issued during the calendar year.
199
ARTICLE 13
VIOLATIONS AND PENALTIES
1301. PENALTIES.
Any person, firm or corporation that shall violate any provision of this ordinance shall, upon conviction
thereof by any Court authorized by law to hear and determine the matter, be fined such sum not exceeding
Five Hundred ($500.00) Dollars, as such Court in its discretion may impose, or, if the patty so convicted be
a natural person, such person may be imprisoned for a term not exceeding ninety (90) days as such Court in
its discretion may impose, or be fined such sum not exceeding Five Hundred ($500.00) Dollars, as such
Court in its discretion may impose, or such natural person may be both imprisoned and fined not exceeding
the maximum limits set forth herein, as such Court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense punishable by a like fine or penalty.
1302. PARTIES LIABLE.
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any
building or structure, lot or land, or part thereof, where anything in violation of this ordinance shall be
placed or shall exist, or be suffered, allowed or permitted to exist, and any architect, building, developer,
contractor, agent, person or corporation employed in connection therewith and who assists in the
commission of any such violation shall each be guilty of a separate violation, and upon conviction thereof
shall be each liable to the fine or imprisonment, or both, specified in Section 1301, above.
1303. OTHER REMEDIES.
The penalties provided in this Article are additional to any other remedies available to the Township of
Green Brook, or to residents or property owners of the Township of Green Brook who may be affected by
any violation of this ordinance, by law.
1304. REVOCATION AND RESCISSION OF APPROVAL, AND/OR PERMITS.
Whenever it shall come to the attention of either the Planning Board or Board of Adjustment, that action was
taken by such Board based upon fraud or misrepresentation by or on behalf of the applicant as to material
fact, such Board shall have the right to rescind its previous action and to order’ revocation of any approval,
permit, or certificate theretofore granted upon such fraud or misrepresentation. Such rescission and
revocation shall remain in effect unless and until such Board shall reinstate such approval following a
hearing thereon granted to the applicant within 45 days of any request therefore by the applicant. The rights
of rescission and revocation set forth in this paragraph shall be in addition to the right to proceed under the
200
other paragraphs of this Article.
1305. VIOLATIONS OF CONDITIONS OF APPROVAL
Any person, firm, or corporation that shall violate any condition of approval of a development application,
whether imposed by the Planning Board or Zoning Board of Adjustment shall, upon conviction thereof, by
any court authorized by law to determine the matter, be subject to the penalties and other regulations as set
forth in Article 13.
201
ARTICLE 14
VALIDITY
1401. SEVERABILITY.
If any section, subsections article, paragraph, subdivision, clause or provision of this ordinance shall be
adjudged invalid by a Court of competent jurisdiction, such adjudication shall apply only to the section,
subsection, article, paragraph, subdivision, clause or provision so adjudged, and the remainder of this
ordinance shall be deemed valid and effective.
202
ARTICLE 15
REPEALER
1501. REPEALER.
Except as may be specifically set forth in this ordinance, any and all other ordinances or parts thereof in
conflict or inconsistent with any of the terms of this ordinance are hereby repealed, but only to the extent as
that they are so in conflict or inconsistent “The Zoning Ordinance of the Township of Green Brook (1979)”
is hereby repealed and superseded by this ordinance.
The adoption of this ordinance shall not prevent or bar the continuation or institution of any proceedings for
offenses heretofore committed in violation of any existing ordinance of the Township of Green Brook, or in
violation of “The Zoning Ordinance of the Township of Green Brook (1979)”.
203
204
INDEX
(Index is to Section No.)
Note: This Index is not part of the Ordinance but is included for assistance in finding specific sections.
A
Accessory Building
Defined
301.1
General provisions
403
Accessory Use / Accessory Uses
Defined
301.2
District regulations
See applicable district
Acre
Defined
301.4
Administration
General provisions
Article 12
Adult Bookstores and Sexually Oriented Uses
Conditional uses
711
Advertising Sign
Defined
301.54-1
Affordable Housing
Defined
614.2-1
Township-wide set-aside requirements 427
See also Affordable Housing Districts (AHD)
Affordable Housing Districts (AHD)
(See also Planning Board — Article 11; Violations and Penalties — Article 13)
— AHD
§§608
— AHD-2
§§614
— AHD-3
§§615
— AHD-4
§§616
— AHD-5
§§620
— AHD-6
§§621
Alteration of Building
Defined
301.3
205
Animated / Digital / Scrolling Signs
Regulated
Article 9
Approval
Rescission or revocation
1304
Area, Floor
Defined
301.20
B
Basement / Cellar
Defined
301.7, 301.10
Board of Adjustment
General provisions
1101
Powers
1104
Procedures
1103
Standards for discretion
1105
Buffers
District requirements - See applicable district
Building Height
Defined
301.7-1
C
Cargo Container
Defined
301.9-1
Cannabis
421.2-17
Certificate of Occupancy
Issuance
1204.2
Revocation / withholding
1304
See also Violations and Penalties — Article 13
Child Care Center
Permitted use
424.1
Accessory use
424.2
Church / Place of Worship
Defined
301.11
Conditional uses
712
206
Cluster Development
Defined
301.12
Variation of lot sizes
602.3-9
Commercial Vehicles
Residential districts, prohibited
406.2
Conditional Uses
Nature and intent
701
Procedure
702
Conditions on approval
704
Modification of approval
703
Limitations
422
D
Dangerous Conditions
Regulation
407
Definitions
General rules
301
Article
Article 3
Density
Defined
614.2-6
Slope area computation
423
Driveways
Residential districts
406.1
Maximum grade
406.3
E
Easements to Township
Required
420
Enforcement
General provisions
1201
Zoning Officer authority
1201.1
Deputy Zoning Officers
1201.2
See also Violations and Penalties — Article 13
Environmental Protection
Natural features
417
Stormwater management
See §§617, 618
Steep slope disturbance
Article 428
207
F
Family / Household
Defined
301.18
Fences and Walls
General provisions
1002
Front Yard / Side Yard / Rear Yard
Defined
301.64-1 to -3
G
Garage, Private / Public
Defined
301.22, 301.23
Public garage, conditional use
714
H
Home Professional Office
Defined
301.25
Hotel / Motel
Defined
301.26, 301.38
Conditional uses
713
I
Industrial District
Regulations
Article 6
Interpretation
Rules of interpretation
103
J
Junk / Junk Yard
Defined
301.27, 301.28
208
L
Land Development Ordinance
Relation to zoning
105
Landscaping
General provisions
1001
Lot
Defined
301.29
Reduction of lot area
405
M
Manufacturing
Regulated uses
Article 6
Mountain Preservation District (MP)
General provisions
610
Permitted uses
610.1
Accessory uses
610.2
Area and bulk requirements
610.3
Conditional uses
610.4
N
Natural Features
Preservation
417
Nonconforming Buildings and Uses
Defined
301.40
Continuance
501
Abandonment
502
Restoration
503
Repair for safety
504
Reversion
505
Certain nonconforming lots
506
Approval prior to ordinance
507
Alterations
508
Unlawful use not authorized
509
209
O
Off-Street Parking and Loading
General provisions
Article 8
Open Space
Defined
301.43
P
Parking Spaces / Areas
Defined
301.44, 301.45
Permits
Construction permit
1204.1
Zoning permit
1204.3
Temporary use permit
1204.4
Sign permit
1204.5
Planning Board
Defined
301.46
General provisions
1102
Powers .
1104
Procedures
1103
Waivers and variances (AHD districts) See §§608, 614–616, 620–621
R
Repealer
Provision
1501
Residential Districts
Regulations
Article 6
S
Schedule of Requirements
Referenced
203
Signs
210
General provisions
Article 9
\
Slope / Steep Slope
Defined
301.53
Density computation
423
Disturbance regulations
Article 428
Solar Energy System
Defined
301.66
Statewide Residential Site Improvement Standards (RSIS)
Coordination with
106
T
Temporary Use Permit
Issued
1204.4
Traffic Visibility
Corner lots
409
Trailer / Trailer Coach / Truck Trailer
Defined
301.62
V
Variances
Limitations
422
Validity / Severability
Provision
1401
Violations and Penalties
General provisions
Article 13
Parties liable
1302
Other remedies
1303
Revocation of approvals or permits
1304
Violations of conditions of approval
1305
Y
211
Yard
Defined
301.64
Nature of yards
301.64-4
Same zone as use
419
Z
Zone District Regulations
Article
Article 6
Zoning Map
Adoption and reference
202
Zoning Officer
Defined
301.65
Duties
1202
Enforcement authority
1201.1
Zoning Permit
Issued
1204.3
Note: This Index is not part of the Ordinance but is included for assistance in finding specific sections.
212
213
SCHEDULE OF REQUIREMENTS
SCHEDULE OF REQUIREMENTS
Principal Building
Accessory Building
Minimum Yard Requirements
Minimum Yard Requirements
DISTRICT USE
Area
(sq. ft)
Width
(ft.)
Coverage
Building/Impervious
(percent)
Front
(ft.)
Rear
(ft.)
Side
(ft.)
Combined
(ft.)
Maximum Height
(stories/ft.)
Rear
(ft.)
Side
(ft.)
LD-1
1-Family
40,500 150
20/NA
50
50
20
50
2.5/35
20
20
LD-1 {2}
1-Family
20,000 100
20/NA
50
40
15
35
2.5/35
15
15
LD-3
1-Family
121,500 200
5/NA
50
50
15
35
2.5/35
15
15
LD-3 {1}
1-Family
40,500 150
20/NA
50
50
15
35
2.5/35
15
15
LD-3 {2}
1-Family
20,000 100
20/NA
50
40
15
35
2.5/35
15
15
MD
1-Family
15,000 100
20/NA
50
50
10
25% of width
2.5/35
20
10
MHD
1-Family
12,500 100
20/NA
35
30
10
25% of width
2.5/35
30
10
HD
1-Family
5,000
50
NA/NA
30
35
10
20
2.5/35
15
10
SMD
1-Family
40,500 150
20/NA
50
50
20
50
2.5/35
20
20
SMD {2}
1-Family
20,000 100
20/NA
50
40
15
35
2.5/35
15
15
AHD
Affordable Housing
See Section 608
AHD 2
Affordable Housing
See Section 614
AHD 3
Affordable Housing
See Section 615
AHD 4
Affordable Housing
See Section 616
AHD 5
Affordable Housing
See Section 620
AHD 6
Affordable Housing
See Section 621
RHC
Commercial
40,000 200
25
1 / 80
1
352 / 704
403 / 704
50
50
25
60
2/35
30
25
VG6
See Section 617.2-1 30,000 200
40 / 75
Varies
25
15
30
2.5/35
See Section 617
VC7
See Section 618.2-1 18,900 140
50 / 85
Varies
10
10
20
3/36
See Section 618
RVC8
Residential/Offices 3,200
40
25 / 35
50
25
5
10
2.5/35
See Section 619
I
Industrial
See
Section
609.3-6 300
40 / 80
100 5
50
25
35% of width
2/35
50
50
PRN
1-Family
20,000 66f
NA/45
20
30
6 and 10 16
2.5/35
10
10
Notes
This schedule is for guidance only. Consult specific sections of the Zoning Ordinance for actual
requirements. In case of conflict with the Schedule, the text of the Zoning Ordinance shall control.
{1} For properties serviced by public water and sewer
{2} For clustered developments with public water and sewer
1 For lots less than 40,000 sq. ft.
214
2 For lots between 40,000 and 59,999 sq. ft.
3 For lots greater than 60,000 sq. ft.
4 For lots greater than 40,000 sq. ft.
5 For lots fronting on Route 22, all other front yards shall be at least 50 feet
6 See Section 617 for additional requirements
7 See Section 618 for additional requirements
8 See Section 619 for additional requirements
--- Document: Public Records Request Form (OPRA) ---
Green Brook Township
OPEN PUBLIC RECORDS ACT REQUEST FORM
111 Greenbrook Road, Green Brook, NJ 08812
(732) 968-1023 & (732) 968-4088 (Fax)
abuontempo@greenbrooktwp.org
Kelly G. Cupit
Requestor Information – Please Print
Payment Information
Record Request Information: Please be as specific as possible in describing the records being requested. Also, please note that your preferred
method of delivery will only be accommodated if the custodian has the technological means and the integrity of the records will not be
jeopardized by such method of delivery.
Note: If you confirmed above that the records sought are in connection with a legal proceeding, identification of that proceeding is
required below.
AGENCY USE ONLY
AGENCY USE ONLY
AGENCY USE ONLY
Est. Document Cost
Disposition Notes
Custodian: If any part of request cannot be
delivered in seven business days,
detail reasons here.
In Progress
-
Open
Denied
-
Closed
Filled
-
Closed
Partial
-
Closed
Tracking Information
Final Cost
Tracking #
Total
Rec’d Date
Deposit
Ready Date
Balance Due
Total Pages
Balance Paid
Records Provided
Custodian Signature
Date
Est. Delivery Cost
Est. Extras Cost
Total Est. Cost
Deposit Amount
Estimated Balance
Deposit Date
First Name
MI
Last Name
E-mail Address
Mailing Address
City
State
Zip
Telephone
FAX
Pick
On-Site
Preferred Delivery: Up
US Mail
Inspect
Fax
E-mail
Under penalty of N.J.S.A. 2C:28-3, I certify that
1.
I
HAVE /
HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any
other state, or the United States;
2.
I, or another person,
purpose;
WILL /
WILL NOT use the requested government records for a commercial
3.
I
AM /
AM NOT seeking records in connection with a legal proceeding.
Signature
Date
Maximum Authorization Cost $
Select Payment Method
Cash
Check
Money Order
Fees:
Letter size pages - $0.05
per page
Legal size pages - $0.07
per page
Other materials (CD, DVD,
etc) – actual cost of material
Delivery: Delivery / postage fees
additional depending upon
delivery type.
Extras:
Special service charge
dependent upon request.
Important Notice
The last page of this form contains important information related to your rights concerning government records. Please read it carefully.
DEPOSITS
The custodian may require a deposit against costs for reproducing documents whenever the custodian anticipates that the documents requested
will cost in excess of $5 to reproduce. N.J.S.A. 47:1A-5(f).
Where a special service charge is warranted under OPRA, that amount will be communicated to you as required under the statute. You have
the opportunity to review and object to the charge prior to it being incurred. If, however, you approve of the fact and amount of the special
service charge, you may be required to pay a deposit or pay in full prior to reproduction of the documents.
YOUR REQUEST FOR RECORDS IS DENIED FOR THE FOLLOWING REASON(S):
(To be completed by the Custodian of Records – check the box of the numbered exemption(s) as they apply to the records requested. If
multiple records are requested, be specific as to which exemption(s) apply to each record. Response is due to requestor as soon as
possible, but no later than seven (7) or fourteen (14) business days. See page 5 for additional response details)
N.J.S.A. 47:1A-1.1
Inter-agency or intra-agency advisory, consultative or deliberative material
Legislative records
Law enforcement records:
Medical examiner photos
Criminal investigatory records (however, N.J.S.A. 47:1A-3(b) lists specific criminal investigatory information which must be
disclosed)
Victims’ records and/or OPRA requests submitted by victims seeking their own records
Personal firearms records or personal identifying information connected to any license authorizing hunting with a firearm.
Trade secrets and proprietary commercial or financial information
Any record within the attorney-client privilege
Administrative or technical information regarding computer hardware, tablets, telephones, electronic computing devices, software
applications, and networks or devices operation them which, if disclosed would jeopardize computer security
Emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building
or facility or persons therein
Security measures and surveillance techniques which, if disclosed, would create a risk to the safety or persons, property, electronic
data or software
Security alarm system activity and access reports, including video footage the disclosure of which does not compromise the integrity of
the security system
Information which, if disclosed, would give an advantage to competitors or bidders including detailed or itemized cost estimates prior to
bid opening
Information generated by or on behalf of public employers or public employees in connection with:
Any sexual harassment complaint filed with a public employer
Any grievance filed by or against an employee
Collective negotiations documents and statements of strategy or negotiating
Information that is a communication between a public agency and its insurance carrier, administrative service organization or risk
management office
Information that is to be kept confidential pursuant to court order
Certificate of honorable discharge issued by the United States government (commonly Form DD-214 or NGB-22) filed with a public
agency
Oath of allegiance, oath of office, or other affirmation; except that full name, title, and oath date.
Privacy Information:
Social security numbers
Credit card or debit card numbers
Bank account information
Month and day of birth
Personal e-mail address required by a public agency for government applications, services, or programs
Telephone numbers
Drivers’ license numbers
Primary or secondary addresses for covered persons or immediate family members per N.J.S.A. 47:1B-1 (Daniel’s Law)
Portion of any document disclosing personal information of any person provided to a public agency for sole purpose of receiving official
notifications
Lists (including personal information) of persons identifying as in need of special assistance in the event of an emergency maintained
by a municipality or county
Portion of any record disclosing the personal identifying information of a person under 18 years old
Personal identifying information contained on domestic animal permits, license, and registrations.
Metadata
New Jersey Firemen’s Association financial relief applications
Owner and maintenance manuals
HIPAA information and indecent or graphic images of a person’s intimate parts as defined in N.J.S.A. 47:1A-5.2
Certain records of higher education institutions:
Research records
Questions or scores for exam for employment or academics
Charitable contribution information
Rare book collections gifted for limited access
Admission applications
Student records, grievances or disciplinary proceedings revealing a students’ identification
Biotechnology trade secrets N.J.S.A. 47:1A-1.2
Convicts requesting their victims’ records N.J.S.A. 47:1A-2.2
Ongoing investigations of non-law enforcement agencies (must prove disclosure is inimical to the public interest) N.J.S.A. 47:1A-3(a)
Public defender records N.J.S.A. 47:1A-5(k)
Upholds exemptions contained in other State or federal statutes and regulations, Executive Orders, Rules of Court, and privileges
created by State Constitution, statute, court rule or judicial case law N.J.S.A. 47:1A-9
Personnel and pension records (however, the following information must be disclosed:
▪
An individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason for such
separation, and the amount and type of any pension received
▪
When required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person
duly authorized by this State or the US, or when authorized by an individual in interest
▪
Data contained in information which disclose conformity with specific experiential, educational or medical qualifications
required for government employment or for receipt of a public pension, but not including any detailed medical or psychological
information N.J.S.A. 47:1A-10
N.J.S.A. 47:1A-1
“a public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it
has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy.”
Burnett v. County of Bergen, 198 N.J. 408 (2009). Without ambiguity, the court held that the privacy provision “is neither a preface nor
a preamble.” Rather, “the very language expressed in the privacy clause reveals its substantive nature; it does not offer reasons why
OPRA was adopted, as preambles typically do; instead, it focuses on the law’s implementation.” “Specifically, it imposes an obligation
on public agencies to protect against disclosure of personal information which would run contrary to reasonable privacy interests.”
Executive Order No. 21 (McGreevey 2002)
Records where inspection, examination or copying would substantially interfere with the State's ability to protect and defend the State
and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of
potential acts of sabotage or terrorism.
Records exempted from disclosure by State agencies’ proposed rules.
Executive Order No. 26 (McGreevey 2002)
Certain records maintained by the Office of the Governor
Resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing
Records of complaints and investigations undertaken pursuant to the Model Procedures for Internal Complaints Alleging Discrimination,
Harassment or Hostile Environments
Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation
Information in a personal income or other tax return
Information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or
creditworthiness, except as otherwise required by law to be disclosed
Test questions, scoring keys and other examination data pertaining to the administration of an examination for public employment or
licensing
Records in the possession of another department (including NJ Office of Information Technology or State Archives) when those records
are made confidential by regulation or EO 9.
Other Exemption(s) contained in a State statute, resolution of either or both House of the Legislature, regulation, Executive Order,
Rules of Court, any federal law, federal regulation or federal order pursuant to N.J.S.A. 47:1A-9(a).
(Please provide detailed information regarding the exemption from disclosure for which you are relying to deny access to government records.
If multiple records are requested, be specific as to which exemption(s) apply to each record.)
REQUEST FOR RECORDS UNDER THE COMMON LAW
If, in addition to requesting records under OPRA, you are also requesting the government records under the common law, please check the
box below.
A public record under the common law is one required by law to be kept, or necessary to be kept in the discharge of a duty imposed by law, or
directed by law to serve as a memorial and evidence of something written, said, or done, or a written memorial made by a public officer authorized
to perform that function, or a writing filed in a public office. The elements essential to constitute a public record are that it be a written memorial,
that it be made by a public officer, and that the officer be authorized by law to make it.
Yes, I am also requesting the documents under common law.
If the information requested is a "public record" under common law and the requestor has a legally recognized interest in the subject matter
contained in the material, then the material must be disclosed if the individual's right of access outweighs the State's interest in preventing
disclosure.
Please set forth your interest in the subject matter contained in the requested material:
Note that any challenge to a denial of a request for records under the common law cannot be made to the Government Records
Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A challenge
to the denial of access under the common law can be made by filing an action in Superior Court.
1.
All “government records” as defined in N.J.S.A. 47:1A-1.1 are subject to public access under the Open Public Records Act
(“OPRA”), unless specifically exempt.
2.
A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted electronically,
or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5(g). In accordance with OPRA, custodians will generally
have seven (7) business days to respond, unless:
•
The requestor seeks “immediate access” records as outlined in N.J.S.A. 47:1A-5(e); where the custodian must
respond “immediately” disclosing responsive records not to exceed twenty-four (24) months old.
•
The requestor seeks information required to be disclosed by N.J.S.A. 47:1A-3(b), where the custodian must respond
disclosing the information within twenty-four (24) hours or as a soon as practical;
•
The requestor is a seeking records for a “commercial purpose” as defined in N.J.S.A. 47:1A-1.1, where the response
time frame is fourteen (14) business days, but the custodian shall notify the requestor of the additional time within
seven (7) business days. N.J.S.A. 47:1A-5(i). However, the response time frame can be reduced to seven (7)
business days upon payment of no more than two times the cost to produce the responsive records.
•
The requestor is seeking records requiring review for compliance with “Daniel’s Law” (N.J.S.A. 47:1B-1, et seq.),
where the response time frame is fourteen (14) business days, but the custodian shall notify the requestor of the
additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).
•
Fire district employing one or fewer full-time employees serving as custodians may add seven (7) business days to
the seven (7) or fourteen (14) business day response time frames.
The applicable response time does not commence until the custodian receives the request form. N.J.S.A. 47:1A-5(h). If you
submit the request form to any other officer or employee, the recipient must either forward the request to the appropriate
custodian or direct you to the appropriate custodian. Id.
3.
Requestors are not required to use this OPRA request form; however, a written equivalent not containing the form requirements
of N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g) may be denied by a custodian.
4.
Requestors may submit requests anonymously. A request submitted anonymously shall not be considered incomplete.
N.J.S.A. 47:1A-5(f). If you elect not to identify yourself accurately or provide an accurate address, e-mail address, or telephone
number, the custodian is not required to respond until you reappear before the custodian seeking a response to the original
request. Further, anonymous requestors are prohibited from filing a complaint with either the GRC or the Courts. N.J.S.A.
47:1A-6.
5.
The fees for duplication of a “government record” in printed form are listed on page 1 of this form. The custodian will notify you
of any special service charges or other additional charges authorized by State law or regulation before processing your request.
Payment shall be made by cash, check or money order payable to the responding agency.
6.
You may be charged a prepayment or deposit when a request for copies exceeds $5.00. The custodian will contact you and
advise you of any deposit requirements. You agree to pay the balance due upon delivery of the records.
7.
Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in New Jersey, any
other state, or the United States, and who is seeking government records containing personal information pertaining to the
person’s victim or the victim’s family. N.J.S.A. 47:1A-2.2. This includes anonymous requests for said information.
8.
By law, the responding agency must notify you that it grants or denies a request for access to government records within
applicable response time frame after the custodian receives the request. If the record requested is in storage, the custodian
will advise you within seven (7) or fourteen (14) business days after receipt of the request when the record can be made
available and the estimated cost for reproduction within no more than twenty-one (21) business days from date of notification.
N.J.S.A. 47:1A-5(i).
9.
You may be denied access to a government record if your request would substantially disrupt agency operations and the
custodian is unable to reach a reasonable solution with you. N.J.S.A. 47:1A-5(g).
10. If the custodian is unable to comply with your request for access to a government record, they will indicate the specific bases
for denial on the request form or other written correspondence and send it to you.
11. Except as otherwise provided by law or by agreement with the requester, if the custodian fails to respond to you in writing
within seven (7) or fourteen (14) business days of receiving a request, the failure to respond is a deemed denial of your request.
N.J.S.A. 47:1A-5(g); N.J.S.A. 47:1A-5(i).
12. If your request for access to a government record has been denied or unfilled within the seven (7) or fourteen (14) business
days required by law, you have a right to challenge the decision by the responding agency to deny access. At your option, you
may either: 1) institute a proceeding in the Superior Court of New Jersey; or 2) file a complaint with the Government Records
Council (“GRC”) by completing the Denial of Access Complaint Form. All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County. Questions regarding the GRC’s Denial of Access Complaint process can
directed to the GRC toll-free telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at
Government.Records@dca.nj.gov, or at their web site at www.state.nj.us/grc. The Council can answer general inquiries about
OPRA.
13. Information provided on this form may be subject to disclosure under the Open Public Records Act.
--- Document: Voting Districts ---
!
!
Highland St
Mountain Pkwy
Vitale
Trl
Cramer Ave
Warren
Ave
Estel Pl
Pine St
Windy Hill Rd
Woodlawn Ave
Interhaven Ave
Dudley Ct
Brown Pl
Webster Ave
Red Bud
Ln
Lillian St
Plantation Ave
Linda
Ln
Lenox Ave
Madison Ave
Thomas
Ct
Top Ave
Lenox Ave
Third St
School St
3rd St
Kafka Dr
Kelly Ct
W End Ave
Second St
Gold St
Andrew St
Margaret St
4th St
Horizon
Way
Allison Ct
Vail St
Mabus Ln
Fitzrandolph St
7th
St
Phillips Pl
Edgar Ave
Renda Pl
Jefferson Ave
Douglas Rd
Rock Rd
W
Cardinal
Ln
Deer Path
Longview
Dr
Charles
Ln
Fifth
St
The Drift
Way
Spruce
Hollow
Rd
Robin
Ct
Bradley
Ct
Methven Ave
Driftway Ln
Ingle St
Merriwood Ln
Sweeney Ct
Fairway
Dr
Hamsley
Rd
Greenway Ln
Wichser Ln
Beechwood
Ter
Rock
Ave
Mountain Pkwy W
Cain
Cir
Warner Ave
Blue Hills Ter
Ravine
Rd
Wichser
Ln
W
Blue Ridge
Ave
Lowande
Ave
Hidden Hollow
Ct
Wallace
Ct
Tuttle St
W Old End Ave
Hickory
Ln
Abby
Ln
Sherwood
Ln
Maxall St
Greenbrier Rd
Wickett Ave
Wingate
Way
Forest Ln
Scheurman
Ter
Green
Valley
Dr
Swanson Ln
Top
Of
The
World
Way
Rock Ave
King
Ct
6th
St
Deer Run
Kappelmann
Dr
Ridge
Rd
Biltmore Dr
Wimpole
Way
Noble Ln
Shadowlawn Dr
Woodcrest Ln
Remrose
Ledge
Scheurman
Ter
Oak Ln
Deer
Path
Cir
Bayview
Ter
Lund Ln
Heritage
Dr
Tallwood
Ln
Brandywine
Rise
North Plainfield
Borough
Bridgewater
Township
Watchung
Borough
Warren
Township
Watchung
Borough
Warren Township
KL
649
KL
529
KL
651
KL
531
KL
653
KL
634
KL
616
KL
651
KL
651
KL
651
KL
531
KL
634
KL
634
KL
529
KL
529
KL
636
KL
636
KL
527
KL
527
KL
527
KL
527
KL
527
KL
527
KL
634
KL
645
KL
634
KL
651
KL
527
KL
649
KL
631
KL
638
KL
618
KL
618
KL
529
Rock Ave
Warrenville
Rd
Warrenville Rd
Rock
Rd E
Greenbrook Rd
Greenbrook Rd
Greenbrook Rd
Mountain
Ave
Washington Ave
£
¤
22
£
¤
22
£
¤
22
£
¤
22
£
¤
22
£
¤
22
1
3
4
5
2
6
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2
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1
¯
ELECTION DISTRICTS
Green Brook Township
Somerset County, NJ
Green Brook Township Polling Locations
Districts 1,3,4,6
Districts 2,5
Green Brook Middle School
132 Jefferson Avenue
Green Brook Firehouse No. 2
24 Rock Road West
(near Washington Ave)
2
1
0
0.25
0.5
Miles
LEGEND
!
Polling Place
Election District Boundary
Municipal Boundary
Map Prepared by Somerset County GIS
May 2017
Revised poll locations 4/28/2017
--- Document: Zoning Maps ---
ROCK AVE
SUNSET
AVE
TUTTLE ST
MURRAY CT
JUNIPE
R
WA
Y
KELLY CT
SECOND ST
ALEXANDRIA
LN
4TH
ST
7TH
ST
VAIL
ST
BROOK ST
PHILLIPS PL
RUDY ROSE
LN
DUD
L
E
Y
CT
KAFK
A
DR S
B
BRADL
E
Y CT
WINDY
HILL RD
SEBRING
MILL RD
MORNING
GLORY RD
THIRD ST
DOGWOOD
HILL
JEFFERSON
AVE
INGLE ST
BROWN PL
HIGHLAND
ST
6TH ST
GREENWAY
LN
CAR
D
INAL
L
N
LIND
A LN
MADISON
AVE
SWEENEY
CT
CO
LONI
AL DR
P
HEASANT RUN
ESTEL PL
BEECHWOOD TERR
HORIZO
N
WAY
WEST END AVE
CAIN C
IR
WARNER AVE
PINE ST
WEBSTER
AVE
EDGAR AVE
BLUE HILL
TERR
JAS
O
N
R
D
R
AVI
NE
R
D
EDGE
WOOD
AV
E
LILIAN ST
LEDGE
R
O
B
IN CT
HYMAN
AVE
FITZ-RANDOLPH
ST
LOWAND
E
AVE
HIDD
E N
HOLLO
W CT
STRAIT LN
WAS
HI
N
G
TON DR
RISE
BRANDYWIN
E
W
ICHSE
R
L
N WES
T
TUTTLE ST
C
E
D
A
R
RI
DG
E R
D
MAPLE AVE
DOUGLAS RD
THO
M
AS CT
MARGRET ST
WOODLAWN AVE
BAY
V
IEW
T
ERR
VIT
A
LE
TR
WA
R
REN AVE
WING
ATE WA
Y
K
A
P
P
E
L
MANN
DR
H
IC
KOR
Y
LN
AB
B
Y LN
RENDA PL
ANDRE
W
S
T
L
E
NOX DR
REMROSE
WO
O
DCREST LN
K
ING CT
SHERWOOD LN
PARK AVE
SWANSON LN
MAXAL ST
GREENBRIER RD
MOUNTAIN
P
RKWY
WICKETT AV
E
L
U
N
D
LA
CRAMER AVE
H
E
RITAGE
D
R
FA
I
R
W
AY DR
BLUERIDGE AVE
W
IMPOLE WAY
FOREST LN
WICHSER LN
ROCK AV
E
TOP AV
MOUNTAIN AVE
R
ED BUD LN
KAFKA DR
LENO
X AVE
ANDREW ST
INTERHAVEN AV
KIN
G
GEOR
GE
R
D
TAL
LW
O
OD
LN
GRE
EN VALLEY
D
R
O
A
K LA
LENOX AVE
GOLD
ST
MOUNTAIN PKWY
LONG VIEW
DR
JEFFERSON AVE
D
E
E
R
R
UN
DEER PA
TH CIR
ROCK
RD E
S
CH
E
URMA
N
TERR
TOP
O
F
THE W
O
R
LD WAY
B
R
IAR CR
S
P
R
U
CE HO
L
LOW RD
ROCK R
D W
RI
D
GE RD
WAS
H
I
N
GTON AV
E
GREENBROOK RD
GREENBROOK RD
W
AR
RE
NVI
LL
E
R
D
5TH ST
CHARLES LN
4
527
4
529
4
529
4
645
4
634
4
634
4
634
4
634
4
651
4
651
"¡
22
"¡
22
"¡
22
"¡
22
BLUERIDGE AVE
BLUERIDGE AVE
WASHINGTON
AVE
WARRENVILLE RD
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Revision
Date
Drawn by
Description
R:\AllOffices\RedBank\GIS\GISPROJECTS\Municipal\E-H\GBT\GBT004\Zoning\190604apb_FINAL_Zoning24x36_1.mxd
±
Zoning Map of
Green Brook Township
New Jersey
MC Proj. No.: GBT-004
June 4, 2019
0
750
1,500
Feet
Somerset County
1 inch = 750 feet
D E V E L O P M E N T N A M E S
1 Mountainview at Green Brook
2 The Woods at King George
3 Horizons at Green Brook*
4 Top of the World*
5 Sunrise Ridge*
6 Green Valley Acres
7 Hickory Rise
8 Fairway Estates
9 D'Egidio One
10 FMK Subdivision
11 Cedar Ridge Estates
12 Mountain Top
13 Brandywine Heights
14 Brandywine Rise*
15 Wingate (Monarch Ridge)
16 Mountain Estates
17 Hi-Vue Estates*
18 Subdivision of Flood & Ruebel
19 Subdivision of Ferruggia Assoc.*
20 Glen Eagle Estates
21 Continental Heights
22 Watchung Hills Estates
23 Subdivision of Cole & Tucker
24 Blue Ridge Estates
25 Mountain Ridge*
26 Tallwoods at Green Brook
27 Skyline at Green Brook
28 Blue Hills Acres
29 Plantation Manor
30 Heritage Estates
31 Abby Manor
32 Webster Manor
33 Inglehurst Village
34 Grandville Gardens
35 Whispering Hollow Estates
36 North Plainfield Park
37 Kelly Court
38 Maxall Village
39 Rockview Manor
40 Blue Star Estates
41 Witchwood
42 Rock Road Estates
43 Valley Estates
44 Top Avenue Estates
45 Rocklin Estates
46 Rudy Rose Estates
47 Sunset Ridge*
48 Blue Ridge Estates - Section 1*
49 Hionis Estates
50 Allure at Green Brook
* Denotes a clustered development
Notes
This Schedule is for guidance only. Consult specific sections of the Zoning Ordinance for actual
requirements. In case of conflict with the Schedule, the text of the Zoning Ordinance shall control.
{1} For properties serviced by public water and sewer
{2} For clustered developments
1 For lots less than 40,000 sq. ft.
2 For lots between 40,000 and 59,999 sq. ft.
3 For lots greater than 60,000 sq. ft.
4 For lots greater than 40,000 sq. ft.
5 For lots fronting on Route 22, all other front yards shall be at least 50 feet
6 See Section 617 for additional requirements
7 See Section 618 for additional requirements
8 See Section 619 for additional requirements
S T R E E T L E G E N D
CO UNTY RO A D
STATE HIG HWAY
LO CA L RO AD
FUTURE RO A DS
"
¡
22
4
651
C. RICHARD ROSEBERRY
PROFESSIONAL ENGINEER
NEW JERSEY LIC. NO. 37546
Zone Districts
LD-1
LD-3
AHD
AHD 2
AHD 3
AHD 4
MD
MHD
HD
SMD
MP
RHC
VG
VC
RVC
I
PR
CA
PRN
Low Density Single Family Residential (1 acre minimum)
Low Density Single Family Residential (3 acre minimum)
Affordable Housing District
Affordable Housing District 2
Affordable Housing District 3
Affordable Housing District 4
Medium Density Single Family Residential
Medium-High Density Single Family Residential
High Density Single Family Residential
Special Mountainside District
Mountian Preservation (20% slopes or greater)
Regional Highway Commercial (Non-residential Zone)
Village Gateway
Village Commercial
Residential/Office Village Commercial
Industrial District (Non-residential Zone)
Public Recreation
Conservation Area
Planned Residential Neighborhood
Area
Width
Front
Rear
Side
Combined
Rear
Side
(sq. ft)
(ft.)
(percent)
(ft.)
(ft.)
(ft.)
(ft.)
(stories/ft.)
(ft.)
(ft.)
LD-1
1-Family
40,500
150
20 / NA
50
50
20
50
2.5 / 35
20
20
LD-1 {2}
1-Family
20,000
100
20 / NA
50
40
15
35
2.5 / 35
15
15
LD-3
1-Family
121,500
200
5 / NA
50
50
15
35
2.5 / 35
15
15
LD-3 {1}
1-Family
40,500
150
20 / NA
50
50
15
35
2.5 / 35
15
15
LD-3 {2}
1-Family
20,000
100
20 / NA
50
40
15
35
2.5 / 35
15
15
MD
1-Family
15,000
100
20 / NA
50
50
10
25% of w idth
2.5 / 35
20
10
MHD
1-Family
12,500
100
20 / NA
35
30
10
25% of w idth
2.5 / 35
30
10
HD
1-Family
5,000
50
NA / NA
30
35
10
20
2.5 / 35
15
10
SMD
1-Family
40,500
150
20 / NA
50
50
20
50
2.5 / 35
20
20
SMD {2}
1-Family
20,000
100
20 / NA
50
40
15
35
2.5 / 35
15
15
AHD
Affordable Housing
AHD 2
Affordable Housing
AHD 3
Affordable Housing
AHD 4
Affordable Housing
RHC
Commercial
40,000
200
251 / 801
352 / 704
403 / 704
50
50
25
60
2 / 35
30
25
VG6
See Section 617.2-1
30,000
200
40 / 75
Varies
25
15
30
2.5 / 35
VC7
See Section 618.2-1
18,900
140
50 / 85
Varies
10
10
20
3 / 36
RVC8
Residential/Offices
3,200
40
25 / 35
50
25
5
10
2.5 / 35
I
Industrial
See Section
609.3-6
300
40 / 80
1005
50
25
35% of w idth
2 / 35
50
50
PRN
1-Family
20,000
66'
NA / 45
20
30
6 and 10
16
2.5 / 35
10
10
See Section 617
See Section 618
See Section 619
See Section 608
See Section 614
See Section 615
See Section 616
SCHEDULE OF REQUIREMENTS
Principal Building
Accessory Building
Minimum Yard
Requirements
Coverage
Building /
Impervious
Minimum Yard Requirements
Maximum
Height
District
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Evidence Detected
"...f the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. “Wetlands” or “wetland” means an area that is inundated or saturated by surface water..."
performance bond
Evidence Detected
"...aining improvements, as determined by the Township Engineer, said costs to include allowances for contingency and engineering fees and the cost of a maintenance bond, all in accordance with the terms and conditions of the “Green Brook Standard Form of Escrow Agreement on Certificates of Occupancy”, a copy of whi..."
liquidated damages
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First Discovered
May 22, 2026
Last Info Update
May 22, 2026
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