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Executive Summary
This document outlines the Zoning Ordinance for the Township of Green Brook, New Jersey. The ordinance establishes zoning districts and regulates land use, building construction, and development within the township. Key aspects include permitted uses, bulk requirements, conditional uses, nonconforming structures, and administrative procedures. It also includes detailed regulations specific to Affordable Housing Districts (AHD) aimed at providing housing opportunities for low and moderate-income families.
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Document Text
--- Document: Zoning Ordinance Document ---
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
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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.
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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
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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,
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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.
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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
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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
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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.
617
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
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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
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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
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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
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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’
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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
118
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
120
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%
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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
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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
189
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
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"...he 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 93 (Village Gateway) zoning district as shown on the official zoning map of the Township of Green Brook (see Section 202). Said loca..."
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Timeline
First Discovered
Apr 1, 2026
Last Info Update
Apr 5, 2026
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