East Brunswick City Zoning Code
ARTICLE XXIV
Regulations for the I/M, Industrial Manufacturing District
§ 228-209 Conditional uses.
[Added 12-23-96 by Ord. No. 96-41]
A.
Recycling Centers:
1.
Recycling centers shall be a conditional use in the I/M zone.
2.
No conditional use permit shall be issued for a recycling center unless the applicant satisfies the following conditions:
a.
The center/facility shall be located greater than 1,500 feet from a residential property line or residential zone line, which distance shall be measured along a straight line from the nearest property line of the lot on which the proposed center is to be located and the nearest point of the residential property line or residential zone line.
b.
The center/facility shall be located on property which is greater than two acreage in size.
c.
Submittal of a certification that the center/facility complies with all local, county and state laws, codes, regulations, approvals and other requirements of any agency or public body having jurisdiction over these types of facilities.
d.
The center/facility shall only operate between the hours of 7:00 a.m. to 9:00 p.m.
e.
The center/facility shall locate all operations in an enclosed structure, including but not limited to all tipping and processing of materials. Truck weighing will be permitted outside the enclosed structure.
f.
An analysis of all on-site fixed and transient noise sources to develop methods to control impacts from the center's/facility's operation in complying with the noise standards codified under N.J.A.C. 7:29.
h.
All areas and facilities used for recycling collection, storage, and recycling operations shall be suitably buffered and screened to minimize impacts of noise, odors, and views. Minimum buffering shall be as follows: There shall be a minimum thirty-five (35') foot wide all-season landscape buffer around the entire perimeter of the center/facility. Included in this buffer area shall be a minimum of eight (8') foot high fencing surrounding all sides of the center/facility which shall be either masonry or solid wooden fencing with gates, doors, and ramps to permit adequate access to the buildings. All landscaping shall be a minimum of eight - ten (8' - 10') feet high at time of planting and planted eight - ten (8' - 10') feet on center.
i.
Submittal of copies of any approvals issued by any governmental entity relating to the center/facility.
B.
Solid Waste Facilities:
1.
Solid Waste facilities shall be a conditional use in the I/M Zone.
2.
No conditional use permit shall be issued for a solid waste facility unless the applicant satisfies the conditions of Subsection A(2) above.
3.
In addition to meeting the conditions of this chapter, an applicant for a permit for a solid waste facility must demonstrate that disposal operations shall be suitably buffered and screened to minimize impacts of noise odors and views.
C.
Alternative treatment centers.
[Added 12-10-18 by Ord. No. 18-39; amended 7-12-2021 by Ord. No. 21-16]
1.
No such place designated an alternative treatment center shall be located within 500 feet of a residence or residential zone, which distance shall be measured along a straight line from the nearest property line of the lot on which the proposed use is to be located and the nearest property line of the residence or residential zone.
2.
No such place designated an alternative treatment center shall be located within 1,000 feet of a public or private school, a preschool or child day-care facility or a school associated with a house of worship, which distance shall be measured along a straight line from the nearest property line of the lot on which the proposed use is to be located and the nearest property line of the public school.
D.
Retail electronic smoking device establishment/electronic smoking devices.
[Added 2-10-2020 by Ord. No. 20-04]
1.
No such place designated as a retail electronic smoking device establishment and no such place that sells electronic smoking devices shall be located within 500 feet of a residence or residential zone, which distance shall be measured along a straight line from the nearest property line of the lot on which the proposed use is to be located and the nearest property line of the residence or residential zone.
2.
No such place designated as a retail electronic smoking device establishment and no such place that sells electronic smoking devices shall be located within 1,000 feet of a public school, which distance shall be measured along a straight line from the nearest property line of the lot on which the proposed use is to be located and the nearest property line of the public school.
§ 228-210 Permitted uses.
[Amended 5-9-83 by Ord. No. 83-509; 10-26-87 by Ord. No. 87-871; 2-13-96 by Ord. No. 96-1]
Types of principal uses and buildings permitted shall be:
C.
Construction establishments wherein construction activities are generally managed from a fixed place of business and where actual construction work is performed at dispersed sites.
D.
Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.
E.
Establishments which manufacture or process food for human consumption and kindred products, including canned foods, grain products, bakery products, sugar and confectionery products, fats and oils, and beverages, and specifically excluding establishments which slaughter live animals.
F.
The manufacturer of textile mill products.
G.
Establishments which produce clothing and fabricated products by cutting and sewing purchased woven or knot textile fabrics and related materials, such as leather, rubberized fabrics, plastics and furs.
H.
Establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes.
I.
Manufacturing of furniture and fixtures.
J.
Establishments which engage in the manufacture of paper and paperboard into converted products, such as boxes and envelopes.
K.
Establishments engaged in printing and publishing and those establishments which perform services for the printing trade, such as bookbinding, typesetting and engraving.
L.
Establishments engaged in the manufacture of finished leather and leather products, specifically excluding tanning, currying, and finishing hides and skins.
M.
Establishments engaged in the manufacture of stone, clay, glass and concrete products.
N.
Establishments engaged in the manufacture of fabricated metal products.
O.
Establishments engaged in the manufacture of machinery, equipment, electrical machinery and supplies, and household appliances.
P.
Establishments engaged in the manufacture of equipment for transportation of passengers and cargo by land, air and water.
Q.
Establishments engaged in the manufacture of instruments for measuring, testing, analyzing and controlling and their associated sensors and accessories; photographic, medical and optical goods; watches and clocks.
R.
Establishments engaged in the manufacture of jewelry, silverware and plated ware.
S.
Establishments engaged in the manufacture of musical instruments.
T.
Establishments engaged in the manufacture of toys and amusements, sporting and athletic goods.
U.
Establishments engaged in the manufacture of pens, pencils and other office, and artists' materials.
V.
Establishments engaged in the manufacture of costume jewelry, novelties, buttons, and miscellaneous notions.
W.
Establishments engaged in the manufacture of electronic components and accessories.
X.
Local and suburban transit and interurban highway passenger transportation.
Y.
Motor freight transportation and warehousing.
Z.
Transportation services.
AA.
Quarrying or stone crushing, including sand and gravel mining and the stripping of topsoil, only as a continuous extension of an operation existing as of November 25, 1958, and subject to the following limitations and restrictions.
(1)
Such operation shall not continue beyond the boundary lines of the property owned or leased as of November 25, 1958.
(2)
The operation shall actually be conducted as of November 25, 1958.
(3)
The operation shall not be permitted to be resumed after it has been discontinued or abandoned. The operations shall be considered abandoned when the intent of the owner or operator to discontinue the operation is apparent or when the characteristic equipment and furnishing have been removed from the premises and have not been replaced by similar equipment within such period of time as, in the judgment of the Planning Board, shall evidence an intent not to resume the operation.
(4)
In no event shall the right to continue the operation be greater in scope, extent of duration than that which existed as of November 25, 1958.
§ 228-211 Permitted accessory uses.
[Amended 10-26-87 by Ord. No. 87-871; 10-27-97 by Ord. No. 97-22]
Accessory uses and buildings permitted shall be:
A.
Storage uses and buildings for materials, liquids, chemicals and similar items not permitted within the main building under Fire Underwriters standards, provided that outside storage uses shall be within an area fenced and enclosed on all sides by a dense evergreen hedge, solid masonry wall or uniformly painted board fence not less than eight (8') feet in height.
B.
Storage yard for wreckers or heavy wreckers and damaged or disabled vehicles associated with a wrecker operation as an accessory use to an automobile service station or minor automobile repair shops.
[Added 10-27-97 by Ord. No. 97-22]
§ 228-212 Prohibited uses.
§ 228-213 Height limitations.
[Amended 5-9-83 by Ord. No. 83-507]
No building or structure shall exceed a height of fifty (50') feet, measured from grade.
§ 228-214 Area and bulk requirements.
[Amended 10-26-87 by Ord. No. 87-871]
Area and yard requirements shall be:
A.
Minimum lot size: two acres.
B.
Maximum building coverage: principal and accessory buildings and structures: forty (40%) percent.
C.
Maximum lot coverage: seventy-five (75%) percent.
D.
The minimum frontage requirements for each lot shall be in accordance with the following schedule:
Minimum Frontage | |
|---|---|
Lot Sizes (acres) | Requirements (feet) |
2-3 | 200 |
3-4 | 250 |
4-5 | 300 |
5-10 | 350 |
10 or more | 400 |
F.
Side yard setback for any building or outside storage area thirty-five (35') feet, provided, however, that when an outside storage area is enclosed on four sides and the storage does not exceed the height of the enclosure, there shall be no side setbacks.
G.
Rear yard setback for any building or outside storage area: forty (40') feet provided, however, that when an outside storage area is enclosed on four sides and the storage does not exceed the height of the enclosure, there shall be no rear setback.
H.
Side and rear yard setback where the side or rear lot line of any lot is the boundary of a residential zone shall be increased by an additional twenty-five (25') feet which shall contain a landscape buffer area of massed evergreens and shrubbery of a species approved by the Planning Board.
I.
All land not covered by buildings, storage areas, parking, driveways and loading areas shall be landscaped in accordance with a landscaping plan approved by the Planning Board.
J.
Parking areas and access driveways setback: ten (10') feet from rear and side lot lines.
K.
1.
In any location where the lot faces a residence, residential development or residential district an access road, signs and landscaping shall be the only permitted use within the front yard area, except that if the front of any building shall be more than one hundred seventy-five (175') feet from the front property line, automobile parking in the front yard area within that area bounded by a line one hundred twenty-five (125') feet from the street and the front of the building may be permitted, provided that area between the parking lot and the front yard property line is landscaped with plant material and berms to provide a screen. The height of the berms shall be no less than five (5') feet.
2.
In all other locations parking is permitted in the front yard, provided, however, that there shall be a twenty (20') foot strip of front yard adjacent to the street line which shall be improved with a landscaped buffer, consisting of a mixture of deciduous and coniferous plant materials at a minimum height of four (4') feet and maintained at a height of no less than six (6') feet, excluding areas necessary for adequate site distance. An earth berm of a minimum of three (3') feet may be installed in such a twenty (20') foot landscaped buffer area, in which case the height of the plant materials may be revised as approved at the time of site plan approval.
§ 228-215 Off street parking and loading.
[Amended 10-26-87 by Ord. No. 87-871]
Off street parking and loading requirements shall be approved as provided for in § 228-15D.
§ 228-216 Site plan approval.
[Amended 4-20-09 by Ord. No. 09-11]
The applicant shall submit evidence and certify compliance with all performance standards.
Performance Standards.
A.
General Regulations.
1.
As a condition of approval and the occupancy of any structure and operation of any process or equipment, the applicant shall submit evidence and certify compliance with all applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs to be borne by applicant. The Board may require that specific operation procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
2.
For all applications for conditional uses and use variances which must meet the performance standards of this article, the Board shall not grant approval for any use, structure, process or equipment until it receives certification from the applicant regarding compliance with the performance standards established herein.
B.
Regulation of Nuisance Elements.
1.
The determination of the existence of nuisance elements shall be made at the following locations:
Nuisance Characteristics | Location of Test |
|---|---|
Liquid waste | property line |
Solid waste | property line |
Radiation | vent or smokestack |
Vibration | property line |
Glare | property line |
Temperature change: | |
gas | vent or smokestack |
liquid or solid | property line |
Electricity | property line |
2.
Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
C.
Standards to be Enforced.
1.
Air Pollution - The applicant shall submit proof of compliance with T.C. Chapter 42, Air Pollution Control by obtaining the required permit.
2.
Wastes -
a.
Liquid wastes - No liquid waste shall be discharged into any watercourse in the Township. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:
i.
A statement by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable state laws
ii.
Approval by the appropriate officials of the installation of such facilities. No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Township or Middlesex County Utility Authority shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
b.
Solid waste - Each property owner shall be responsible for:
i.
Adequate and regular collection and removal of all refuse except where the Township assumes such responsibility.
ii.
Compliance with all applicable provisions of the New Jersey Department of Environmental Protection.
iii.
Compliance with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal", Public Health Council of the State Department of Environmental Protection.
3.
Radiation - All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards, and requirements of the Atomic Energy Act of 1954, as amended, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, and any subsequent acts whichever shall be most stringent.
4.
Vibration - No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments.
5.
Glare - Glare is defined as the sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance or visibility.
a.
From structures. Light from enclosed structures shall be shielded or directed in such a way that glare is not visible at any point on any boundary line or beyond any point on any property line or street line.
b.
Area lighting. Area lighting, including that used for production activities and protective purposes, driveways, loading and unloading and parking, shall be located so that glare will not become a nuisance to adjoining properties, adjoining districts or to any adjoining public right-of-way. All permitted lighting shall be arranged so as to be directed upon the property from which the light originates so as to not objectionably illuminate any contiguous property without the express consent of the owners of such property and without the consent of the appropriate municipal board.
c.
Illumination of production activities shall be buffered so that glare will not become a nuisance to adjoining properties.
d.
Advertising lighting. The intent of this subsection is to ensure lighting decoration done in a tasteful manner which will not detract from peaceful enjoyment of surrounding areas. Advertising lighting, including all lighting which is used for directing attention, shall be permitted where the source of illumination shines directly toward the sign without producing glare or shines directly toward a building, cluster of shrubs, fountain or other point of interest, not toward any point off the property. No lighting of intermittent intensity or flashing lights will be permitted.
6.
Temperature Change - Any use or process shall not produce a temperature change discernible at the measuring point which shall produce a temperature change of greater than five (5) degrees Fahrenheit measured at the horizontal distance of 10 feet from the point of discharge.
7.
Fire and Explosive Hazards - If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:
a.
Approval of the use, structure, process, or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
b.
Approval from the Township of East Brunswick Division of Fire Inspection that the applicant has complied with all applicable Township fire prevention regulations.
8.
Electricity - Electrical/electronic equipment shall be shielded in/or filtered to the maximum extent possible consistent with the rules and regulations of the Federal Communications Commission to minimize any interference with radios or TV reception beyond the operator's property.