East Brunswick City Zoning Code
ARTICLE II
C Regulations for the RP-3 Rural Preservation Low Density Residential District
§ 228-6.20 Applicability of provisions of Article.
Unless specifically prohibited in this article, the following regulations shall apply to all RP-3 Districts.
§ 228-6.21 Purpose.
The purpose of this ordinance is to implement the Superior Court of New Jersey Appellate Division's ruling in Bailes v. Township of East Brunswick, 380 N.J. Super 336, 348 (App. Div.), certif. denied, 185 N.J. 596 (2005) which deemed that the Rural Preservation Zone (RP) standards which had been applicable to the following properties before the adoption of the 1999 and 2001 Rural Preservation Zone ordinance amendments shall be reinstated: Block 307.12, Lots 31, 32.10 & 32.11; Block 310, Lot 57.01; Block 309.04, Lots 16.12, 16.13, 17 & 18.02; Block 310, Lots 23 § 24; Block 312, Lot 16.01; Block 310, Lot 2; Block 316.01, Lot 22.06. The Rural Preservation Zone applicable to these properties is hereby renamed RP-3 Rural Preservation Low Density Residential District.
§ 228-6.22 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 and stables housing not more than four horses for private use by the owner or leasee, provided that no structure or areas enclosing farm animals of any kind shall be permitted within two hundred (200) feet of any lot line.
D.
All agricultural activities and farm related uses of land, including, but not limited to:
(1)
The sale of agricultural, horticultural or forestry produce or products which has been raised on the farm from which they are sold and freezing lockers or other similar facilities for the sale, storage and processing of farm and livestock produce, including the sale of firewood, which has been raised on the property from or on which it is to be sold, stored or processed; provided, however, that adequate parking space is provided for customers and employees. Sale of any products not grown on the farm from which they are sold is specifically prohibited.
§ 228-6.23 Conditional uses.
Principal uses and buildings permitted subject to a conditional use permit by the Planning Board:
A.
Places of assembly and parsonages.
[Amended 09-21-15 Ord. 15-16]
B.
Public and parochial schools and colleges for academic instruction.
C.
Noncommercial dog kennels housing not more than six (6) dogs, provided that no building or outside enclosures shall be permitted within fifty (50) feet of any lot line.
D.
Private, nonprofit recreational and community buildings, clubs, swimming pools and activities of a quasi-public social fraternal or recreational character such as golf and tennis clubs, camps, veterans or fraternal organizations which are not of a commercial character.
E.
Housing facilities for transient or migratory farm workers, to be located upon the farm of any employing farmer; provided, however, that the facilities are adequately constructed and safeguarded against fire hazards, that sleeping places shall contain sufficient air space and partitions to assure an adequate supply of fresh air and reasonable privacy for each occupant, that provision is made for an adequate supply of potable water, that provision is made for suitable bathing facilities and that provision is made for a suitable sewage disposal system and an adequate number of toilet facilities, and that all applicable federal state and local codes are met.
No conditional use permit shall be granted, however, unless the applicant has established that:
1.
The proposed site is sufficient for the intended purpose;
2.
Adequate parking facilities are provided while limiting within reason the amount of impervious surface;
3.
That the proposed septic system will be adequate and will have no appreciable adverse effect on ground water pollution;
4.
The means of vehicular ingress and egress are sufficient to prevent traffic hazard, congestion, or excessive interference with normal traffic movement on adjacent public streets and thoroughfares;
5.
The buildings and use are appropriately located and designed and will meet a community need without adversely affecting the neighborhood.
§ 228-6.24 Permitted accessory uses.
Accessory uses and buildings permitted are as follows:
A.
Any accessory use permitted in the R-1 District.
B.
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.
C.
Landscape contracting, tree pruning services, firewood processing, wood mulches, and sales of products grown on the site are permitted accessory uses to the permitted primary use of the site, of a farm, forest tract or nursery.
§ 228-6.25 Prohibited uses.
[Amended 6-23-2025 by Ord. No. 25-24; 8-11-2025 by Ord. No. 25-28]
Prohibited uses and buildings are as follows:
§ 228-6.26 Density, area and yard requirements.
A.
Density: one dwelling unit per two acres.
B.
Minimum lot width: one hundred seventy-five (175) feet.
C.
Minimum Lot Area: two acres.
D.
Minimum Front Yard Setback for Principal and Accessory Structures: fifty (50) feet.
E.
Minimum Side Yard Setback: one side: 20 feet; two sides: fifty (50) feet.
F.
Minimum Rear Yard Setback: forty (40) feet.
G.
Minimum Accessory Building Side or Rear Setback: 20 feet.
H.
Maximum Building Height: thirty-five (35) feet.
I.
Building coverage: twenty-five percent (25%).
§ 228-6.27 Buffer.
A.
A 100 foot wide buffer is required where a proposed minor subdivision, major subdivision or major site plan abuts an existing 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 screen and must be at least 6 feet in height when properly planted.
B.
A six foot high fence shall be installed along the property line of any proposed development abutting farmland by the applicant and/or the developer prior to the issuance of certificates of occupancy. Details of such fencing shall be subject to the review and approval of the Planning Board.