East Brunswick City Zoning Code
ARTICLE II
A Regulations for the RP Single-Family Rural Preservation District
§ 228-6.1 Applicability of provisions of Article.
Unless specifically prohibited in this article, the following regulations shall apply to all R-P Districts.
§ 228-6.2 Purposes.
The purposes of the RP Single-Family Rural Preservation District are:
A.
To promote the retention of existing agricultural lands and to support ongoing agricultural activities through a combination of land use policy, acquisition of development rights, creative development techniques and limitations on land use activities that interfere with continued farming;
B.
To retain the largely undeveloped and rural character which pervades western and southwestern East Brunswick, in part by limiting the introduction of growth-inducing infrastructure;
C.
To provide land use management strategies which promote the conservation of sensitive natural resources and which limit the impact of future development of this area;
D.
To promote the conservation of open space through public acquisition, acquisition of less than fee interests and implementation of land use policies supportive of permanent preservation of open space areas;
E.
To support the objectives of the State Development and Redevelopment Plan including the retention of large contiguous areas of agriculture and open space, and providing for development which respects the carrying capacity of land and water resources while also preserving unique and sensitive natural areas.
§ 228-6.3 Permitted uses.
Principal uses and buildings permitted are as follows:
A.
Single Family dwellings.
B.
Public recreational and community center buildings and grounds including but not limited to parks and playgrounds.
C.
Structures used for private and commercial horticultural, agricultural or forestry purposes, exclusive of greenhouses; provided that no structure or areas enclosing farm animals of any kind shall be within seventy-five (75) feet of any lot line.
D.
All agricultural activities and farm related uses of land which meet the definition in the New Jersey Farmland Assessment Act.
E.
Buildings used exclusively by the federal, state, county or local government for public purposes.
F.
Family day care home.
[Added 09-21-15 Ord. 15-16]
§ 228-6.4 Conditional uses.
A.
Places of assembly based upon the following standards:
[Amended 09-21-15 Ord. 15-16]
§ 228-6.5 Permitted accessory uses.
[Added 09-21-15 Ord. 15-16]
Accessory uses, structures and buildings permitted are as follows:
A.
Home occupations as defined in § 228-3A of this chapter.
B.
Private garages as defined in § 228-3A of this chapter, provided, however, that the garage shall be for not more than three private cars or two private cars and one commercial vehicle that is no greater than 20 feet in length, 7 feet in width or 8 feet in height, as defined in § 228-224C.
C.
Greenhouses are a permitted accessory use and structure provided that the aggregate square footage of all structures situated on the site do not exceed 55,000 square feet or fifteen percent (15%) coverage of the total lot area, whichever is less.
D.
As part of a permitted principal agricultural, nursery or horticultural use, landscape contracting and sales of products grown on the site are permitted accessory uses provided the activities are subordinate to the permitted primary use of the site, including but not limited to a farm, forest tract or nursery.
E.
Cottage industry when conducted as an accessory use on the same tract as a permitted principal agricultural or horticultural use and as defined in § 228-3A of this chapter. Such use shall be clearly incidental and secondary to the use of the property for agricultural or horticultural purposes and does not change the character thereof.
§ 228-6.6 Prohibited uses.
[Amended 09-21-15 Ord. 15-16; 6-23-2025 by Ord. No. 25-24; 8-11-2025 by Ord. No. 25-28]
Prohibited uses and buildings are as follows:
B.
Professional occupations.
D.
Sex clubs and massage parlors.
E.
Newspaper Vending Machines.
F.
Limousine or livery service.
G.
Storage yard for wreckers and damaged or disabled vehicles associated with a wrecker operation.
H.
Sale of products not crafted on the agricultural property from which they are sold.
I.
Second kitchens in single-family dwellings.
§ 228-6.7 Density and lot area requirements.
B.
Contiguous Parcel - Open Lands Cluster Development - one dwelling unit per three and one-half (3.5) acres provided that:
1.
The application for development shall involve a tract with a minimum of seven (7) contiguous acres.
2.
Development may be arranged on lots no less than fifty thousand (50,000) square feet in area;
3.
Sixty-five percent (65%) of the tract shall be designated as "open lands" and deed restricted against further development;
4.
The design of a development utilizing this option and the open lands resulting from it shall promote the following Township objectives: Retention of large contiguous farmland areas, stream corridor and wetlands preservation, steep slope protection, reduction of impervious coverage, protection of the site's natural features, connections to and between approved open lands on neighboring parcels, and compliance with the design criteria set forth in subsection 6.10;
5.
The development is in compliance with Municipal Land Use Law 40:55D-45 "Findings for Planned Development";
6.
All lots created shall be deed restricted against further subdivision;
7.
The required open lands shall be contained in one deed restricted contiguous parcel;
8.
Preliminary Approval shall be conditioned upon the applicant obtaining Health Department approval and Department of Environmental Protection approval (to the extent required by state law) for any proposed community septic system.
C.
Planned Development Utilizing Noncontiguous Parcel Clustering - one dwelling unit per three and one-half (3.5) acres provided that:
1.
The application for development shall involve tracts with a minimum of seven (7) total acres.
2.
All parcels shall be in the RP Rural Preservation Zone;
3.
Minimum lot area shall be thirty thousand (30,000) square feet;
4.
The development is in compliance with Municipal Land Use Law 40:55D-45 "Findings for Planned Developments";
5.
Preliminary Approval shall be conditioned upon the applicant obtaining Health Department approval and Department of Environmental Protection approval (to the extend required by state law) for any proposed community septic system;
6.
Seventy-five percent (75%) of the combined area of the non-contiguous parcels shall be designated as "open lands" and deed restricted against any further development.
7.
The design of a development utilizing this option and the open lands resulting from it shall promote the following Township objectives: Retention of large contiguous farmland areas, stream corridor and wetlands preservation, steep slope protection, reduction of impervious coverage, protection of the site's natural features, connections to and between approved open lands on neighboring parcels, and compliance with the design criteria set forth in subsection 6.10;
8.
All lots created shall be deed restricted against further subdivision.
D.
Dedication of Prime Agricultural Lands - one Dwelling Unit per three acres.
1.
For either Contiguous Open Land Cluster Development or Planned Development Utilizing Non-Contiguous Parcel Clustering, the density of a development where all the designated "open lands" consist of Prime Agricultural Soils may be one dwelling unit per three acres.
E.
Planned Senior Citizen Residence ("PSCR") Option Within RP Zone - one dwelling unit per two acres.
1.
The application for development shall involve a tract with a minimum of three hundred and fifty (350) contiguous acres.
2.
Minimum lot area shall be five thousand (5,000) square feet.
3.
The development shall be found to be in compliance with Municipal Land Use Law 40:55D-45 "Findings for Planned Developments".
4.
Preliminary Approval shall be conditioned upon the applicant obtaining Health Department approval and Department of Environmental Protection approval (to the extent required by state law) for any proposed community septic system or sewer system.
5.
No extension of the sewer system to service such a development will be approved unless the extension is confined to the area immediately contiguous to the end of the existing sewer system northwest of Cranbury Road.
6.
Eighty percent (80%) of the total area of all tracts shall be designated as "open lands" and deed restricted against any further development.
7.
The design of a development utilizing this option and the open land resulting from it shall promote the following Township objectives: Retention of large contiguous farmland areas, stream corridor and wetlands preservation, steep slope protection, reduction of impervious coverage, creation of public recreation and open space, protection of the site's natural features, connections to and between approved open lands on neighboring parcels, and compliance with the design criteria set forth in subsection 6.10.
8.
All lots created as part of the PSCR shall be deed-restricted against further subdivision.
9.
At least ten percent (10%) of the units constructed as part of the PSCR shall be affordable to and occupied by low-and moderate-income households.
10.
All units are to be one story, single-family detached.
§ 228-6.8 Bulk requirements applicable to § 228-6.7 A, B and C.
[Added 09-21-15 Ord. 15-16]
A.
Minimum Lot Width: one hundred twenty (120) feet.
B.
Front Yard Setback for Principal and Accessory Structures: fifty (50) feet.
C.
Side Yard Setback for Principal and Accessory Structures: one side: 20 feet; two sides: forty (40) feet.
D.
Rear Yard Setback: forty (40) feet.
E.
Accessory Building Rear Yard Setback: fifteen (15) feet.
F.
Maximum Height: thirty-five (35) feet.
G.
Building coverage: twenty-five (25%) percent.
§ 228-6.9 Agricultural buffer.
A twenty-five (25) foot wide buffer is required to be located on the residential lot where any proposed subdivision abuts an existing agricultural use or open lands to be dedicated for agricultural use. All buffer areas shall be planted and maintained with a dense screen of trees, shrubs and evergreens of such a type and nature as to provide a solid all-season screen. Such plant material shall be at least six (6) feet in height when properly planted and the use of indigenous native species arranged to resemble existing woodland patterns shall be maximized. Existing tree lines and hedgerows are encouraged to be incorporated into this buffer area.
§ 228-6.10 Design criteria.
A.
Where development must be located on open fields or pastures due to greater constraints in other parts of the site, dwellings shall be sited on the least prime agricultural soils, and in locations at the far edges of the parcel, as far as possible from existing collector or higher classification roads.
B.
Residential lots in the subdivision shall be visually buffered from existing roads by a fifty (50) foot wide planting screen consisting of a variety of indigenous native trees, shrubs and wildflowers to maintain the rural character of the district.
C.
The subdivision shall be designed to protect existing hedgerows and treelines between fields or meadows.
D.
Site development shall be arranged to leave significant views and vistas unblocked or uninterrupted particularly as seen from existing public roads.
§ 228-6.11 Open lands.
Open lands created as a result of these regulations may be used for recreation, agriculture, resource protection or amenity purposes. Open lands shall be freely accessible to all residents of a development if retained in private ownership or to the general public if in municipal ownership with the exception that agricultural open land shall be permitted to have access to that land restricted to those solely engaged in agricultural pursuits, provided that such open lands are accessible to other agricultural uses and lands. Land designated as "open lands" shall be maintained as such and may not be separately sold, subdivided or developed.
§ 228-6.11A Existing nonconforming former Office-Professional Zone (OP-1) lots.
Any existing structure that was lawfully in OP-1 zone use as of the effective date of this act may be enlarged or expanded provided that such modification shall be carried out in accordance with the OP-1 standards applicable as of the effective date of this act.