Metuchen City Zoning Code
ARTICLE 23
Supplementary Regulations
§ 110-99 Public utilities.
Public utility transmission lines and other installations shall be permitted in all districts, subject to the following provisions:
A.
Public utility transmission lines required for direct local service may be located anywhere reasonably necessary, provided that such facilities are placed within the street rights-of-way or utility easements. Site plan approval shall not be required for installing such facilities.
B.
Utility installations, including but not limited to electrical substations, power transmission lines, telephone exchanges and similar facilities, but not telephone, gas, water, sewer, electric or cable television transmission lines or similar facilities intended to provide direct local service, shall be permitted, provided that the proposed use is granted site plan approval. Prior to granting site plan approval, the Planning Board shall find that the application is reasonably necessary to the convenience of the community and that the following provisions have been met:
(1)
The lot shall conform to the minimum lot area requirements for the district in which it is located.
(2)
All buildings shall meet the density, bulk and coverage requirements for the district in which it is located.
(3)
Adequate provision shall be made for access and off-street parking.
(4)
No parking lot shall be permitted in a front yard setback area.
(5)
The building, structure, use and parking lot shall be designed, arranged and landscaped so as not to detract from the value of adjacent or nearby properties.
(6)
In a residential district, buffering and/or screening as approved by the Board shall be provided along all property lines.
§ 110-100 Home occupations.
Home occupations shall be permitted in any residence in the Borough, unless otherwise specified below. Such shall require an approved zoning permit prior to commencement of use and are subject to the following provisions:
A.
Activities permitted as home occupations include the following and other clearly similar type uses:
(1)
Dressmaking, tailoring or millinery services.
(2)
Musical, voice, dance, acting, art, academic or religious instruction or tutoring, limited to one pupil at any given time.
(3)
Studio art, including painting, sculpting, graphics or drafting.
(4)
Typing or resume services and other related office services, such as envelope stuffing.
(5)
Newspaper routes.
(6)
Home office of a resident of the premises.
(7)
Family day-care homes, provided that such are located in a single-family detached dwelling and are approved by the New Jersey Division of Youth and Family Services for such use.
B.
Activities specifically deemed not to be permitted home occupations include the following and other clearly similar type uses:
(1)
Clinics, medical and dental offices and hospitals.
(2)
Barbershops, hair stylists and beauty parlors.
(3)
Catering and delivery services.
(4)
Eating and drinking establishments.
(5)
Fortune-telling parlor.
(6)
Inns, tourist homes, boarding homes and other places offering lodging on a temporary basis.
(7)
Music and dancing schools and other educational institutions.
C.
The permitted home occupation shall be conducted entirely within the dwelling unit or a permitted accessory building, subject to the following provisions:
(1)
The home occupation shall not utilize more than 20% of the floor area of the dwelling unit, including the basement, or 50% of the floor area of a permitted accessory building.
(2)
Outside storage used in connection with the home occupation is prohibited.
(3)
Art instruction and family day-care home uses may utilize a maximum of 500 square feet of a rear yard for instructional or recreational purposes, provided that any such area is set back a minimum of 15 feet from any side or rear property line.
(4)
The use of machinery, electrical or electronic equipment or any type of other equipment or processes in connection with the home occupation shall not cause any perceptible noise, vibrations, heat, odors or electronic interference in radio or television reception beyond the dwelling unit in which the home occupation is located.
(5)
Any internal or external building alterations planned in connection with the home occupation that are of such design so as to be inconsistent with the residential function of the building or the residential character or appearance of the building are prohibited.
(6)
Any sign, advertising or other visible display on the premises related to the home occupation is prohibited.
(7)
No other persons besides two residents of the premises shall be employed in the home occupation, no matter whether such employment is full-time or part-time.
(8)
No person may visit the premises for business purposes or business-related deliveries, with the exception of students attending music, voice, dance, acting, art, academic or religious instruction or tutoring sessions and children attending a family day-care home.
§ 110-101 Corner lots and through lots.
[Amended 6-26-2023 by Ord. No. 2023-17]
Whenever a lot shall be bounded by more than one street line, the following provisions shall apply:
A.
All provisions of this chapter with respect to setbacks and all other restrictions and regulations relating to street lines and front yards shall apply to each street line as a front yard.
B.
For the purposes of determining the rear yard on a comer lot, the interior lot line opposite the street line with the shortest frontage shall be considered to be the rear lot line, and any remaining interior lot lines shall be considered side lot lines for the purposes of determining side yards. Additionally, on corner lots and through lots, the reviewing agency or the Zoning Officer shall have the ability to determine which streets shall be treated as the primary and secondary streets for the purposes of applicable subsections in this chapter.
C.
No provision of this chapter shall permit the erection of any structure or other vision-obstructing object with a height greater than 2 1/2 feet, as measured from the elevation of the existing grade, including landscaping, within a triangular area formed by measuring 25 feet along each street line of the property from the point of intersecting lot lines at such corner and connecting such points to form a triangle.
§ 110-102 Newsracks.
Newsracks shall be permitted in all nonresidential districts, subject to the following provisions:
A.
Location and placement of newsracks shall be as follows:
(1)
No newsrack shall be permitted in any exclusively residential district or on any property located in other zones where the property is being used exclusively for residential purposes.
(2)
No newsrack shall be installed which projects onto, into or over any part of a public street.
(3)
All newsracks shall be freestanding; in no event may newsracks be chained, tied and/or fastened to light poles, telephone poles, mailboxes, trees or any other fixed structures or objects.
(4)
No newsrack shall be placed so as to create a pedestrian or motor vehicle hazard or impede the safe flow of pedestrian or motor vehicle traffic.
(5)
No newsrack shall be placed, installed or maintained as follows:
(6)
No newsrack installed, used or maintained, pursuant to this section, in the Downtown Revitalization Area shall be located within 100 feet on the same side of the street within the same block from any retail store or other business which generally sells newspapers or other periodicals and either sells the newspaper which is proposed to be distributed within the newsrack or has agreed to commence distribution of the newspaper; provided, however, that this subsection shall not apply if the newspaper distributor certifies, in writing, to the Zoning Officer that the retail store or other business refuses to commence or continue distribution of the aforesaid newspaper.
(7)
Newsracks containing the same newspaper shall not be located within 100 feet of each other situated on the same side of the street on the same block.
(8)
No newsrack shall be located closer than 10 feet from any newsrack on the same side of the street within the same block.
B.
Standards for maintenance and installation of newsracks shall be as follows:
(1)
No newsrack shall exceed 60 inches in height, 30 inches in width or 24 inches in thickness.
(2)
No newsrack shall display any advertising or other commercial sign other than the logo or trade name of the newspaper sold therein.
(3)
Each newsrack shall be equipped with a coin-return mechanism to permit a person using the newsrack to secure an immediate refund in the event that the user is unable to receive the publication for which payment was placed in such newsrack.
(4)
Each newsrack shall have affixed to it in a readily visible place a notice setting forth the manner in which refunds may be secured in the event of a malfunction of the coin-return mechanism.
(5)
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times, free of rust, corrosion or chipped or peeled paint.
(6)
The newspaper distributor shall be responsible to repair any and all damage caused by the removal of the newsrack to the sidewalk or public right-of-way.
(7)
All newsracks located in the B-1 and D-1 Districts shall have exterior colors consistent or compatible with the approved Metuchen Downtown Colors.
C.
Multiple-bin newsracks shall be permitted as follows:
(1)
Such multiple-bin newsracks shall be located in the B-1, B-3 and D-1 Districts.
(2)
The location, design, materials and colors of such multiple-bin newsrack shall be subject to minor site plan approval.
(3)
If such multiple-bin newsrack is operated by the Borough, all newspapers contained therein shall pay an annual fee to the Borough to compensate the same for the costs of operating and maintaining such facility.
(4)
All other provisions of this section that apply to individual newsracks, newspapers or newspaper distributors shall apply equally to a multiple-bin newsrack.
§ 110-103 Subdivision or resubdivision.
When a new lot or lots are formed from a tract of land or where two or more lots are combined into a single tract of land, the separation or combination must be effected in such a manner as not to impair any of the provisions of this chapter. Moreover, when two or more lots are combined into a single tract of land for the purpose of a site plan submission which is approved by the Board, said lots shall be combined as one lot unless subsequently subdivided in accordance with the requirements of this chapter.
§ 110-104 Number of buildings per lot.
Unless otherwise permitted by Part III of this chapter, no lot in any residential district shall have erected on it more than one building used as a single- or two-family dwelling.
§ 110-105 Temporary trailers.
Trailers shall be permitted in all districts for temporary use by any occupant of a building that is being reconstructed due to damage from a fire, subject to the following provisions:
A.
An approved zoning permit shall be obtained from the Zoning Officer prior to the placement of such temporary trailer on the site. The Zoning Officer, Construction Code Official and Chief of the Fire Department shall be responsible for determining the most practical location for such trailer, which may be permitted in a front yard area.
B.
The time period of occupancy of such trailer shall not exceed three months; provided, however, that the Zoning Officer may extend the time period of occupancy for an additional time period of up to three months due to exceptional circumstances that prevent the reconstruction and reoccupancy of the fire-damaged building within the initial three-month time period. However, in no instance shall such trailer be occupied for a time period to exceed six months.
§ 110-106 Nonconforming uses and structures.
The following provisions shall apply to valid nonconforming uses and structures at the time of adoption of this chapter:
A.
Any nonconforming use or structure approved to be built, altered, enlarged or extended prior to the adoption of this chapter may be continued.
B.
Any nonconforming use or structure may be repaired or maintained at the same dimensions existing at the time it was constructed, but shall not be enlarged or extended.
C.
Any nonconforming use or structure that ceases for a period of one year for any reason shall thereafter conform with all provisions of this chapter.
D.
Any lot containing a nonconforming use or structure that is hereafter removed or more than 50% destroyed for any reason, with the result being that the nonconforming use shall cease thereby, shall be required to have any subsequent use or structure thereon conform with all provisions of this chapter.
§ 110-107 Nonconforming lots.
The requirements imposed in Article 16 of this chapter pertaining to minimum lot area, minimum lot width and minimum lot depth shall apply to any lot nonconforming with such requirements, except that if such lot is used as a permitted single-family dwelling, all buildings and structures otherwise permitted on such lot shall be permitted to be constructed, altered and enlarged, provided that all other provisions of this article are complied with.
§ 110-108 Nonconforming yard setbacks.
[Amended 9-3-2013 by Ord. No. 2013-12; 9-8-2025 by Ord. No. 2025-15]
The requirements of Article 16 of this chapter pertaining to setbacks for yards shall apply to any building located on a lot with an existing nonconforming setback, except that if such building is used as a permitted single-family dwelling, such may be altered or enlarged, provided that either of the following conditions are complied with:
A.
The alteration or enlargement shall not affect, extend or increase the existing nonconforming setback and meets all other applicable requirements of this article.
B.
The alteration or enlargement involves the extension of an existing exterior side building wall with a nonconforming side yard setback equaling a minimum of 50% of the individual side yard and a minimum of 75% of the combined side yard setback requirements for the district in which it is located. In addition, such alteration or enlargement shall only involve an extension at the first- or second-story level of the existing building. In no instance shall this provision permit a decrease in the existing nonconforming side yard setback resulting in a greater nonconformity after such alteration or enlargement is constructed. This provision for exception shall not be applicable to two-level additions or third-story additions.
§ 110-109 Height exceptions.
[Amended 9-3-2013 by Ord. No. 2013-12]
The maximum height requirements of § 110-64 shall not apply to the erection of building appurtenances such as chimneys, church spires, cupolas, belfries, clock towers, flagpoles, stairway or elevator penthouses, solar panels or mechanical equipment, provided that such shall not exceed such height requirements for the district in which such is located by greater than 10 feet.
§ 110-110 Permitted projections.
[Amended 9-3-2013 by Ord. No. 2013-12; 2-8-2021 by Ord. No. 2021-01]
Cornices, eaves, gutters, bay windows and chimneys may project a maximum of two feet from an exterior building wall into any required yard setback. Nonenclosed porches, entrance platforms and steps leading to a first floor, excluding decks, may project a maximum of eight feet into a required front yard setback. Nonenclosed porches, uncovered decks, entrance platforms and steps leading to a basement or first floor may project a maximum of four feet into a required side or rear yard setback. Nonenclosed outdoor dining structures within the B-1 and D-1 Districts may project into any required yard setback up to the front, side and rear property lines, provided that such structures do not exceed 15 feet in height.
§ 110-111 Vending machines and telephone booths.
Vending machines and telephone booths shall be permitted in all districts if contained entirely within a building. Such shall be permitted to be located outdoors in all business districts, subject to the following provisions:
A.
A maximum of one vending machine shall be permitted on lots used for automobile repair establishments and gasoline service stations and on any lot located in a LI Light Industrial District. Such shall be placed adjacent to the principal building and shall not be located closer than the required yard setbacks, pursuant to § 110-64, to any lot line.
B.
A maximum of one telephone booth shall be permitted on any lot, provided that such shall be placed adjacent to the principal building and shall not be located closer than the required yard setbacks, pursuant to § 110-64, to any lot line. Additionally, no telephone booth shall be located within 100 feet of any residence.
C.
The location of such shall not be so situated as to cause a traffic or safety hazard, as determined by the Chief of Police.
§ 110-112 Temporary office occupancy.
Office uses shall be permitted on a temporary basis on the ground floor of a building fronting on Main Street in the B-1 Central Business District and shall be subject to the following provisions:
A.
The temporary use shall be an office use otherwise permitted in other locations in the B-1 Central Business District.
B.
The applicant shall be required to apply for a minor site plan approval. The temporary occupancy shall last a maximum of six months, with one permitted extension of occupancy not to exceed six additional months. An applicant who wishes to seek a permitted extension of occupancy shall be required to file a second application for minor site plan and obtain approval prior to the commencement of such extension. In no case shall a temporary office occupancy exceed a period of one year.
C.
The temporary occupancy shall not create or affect any variance from a provision of Part III of this chapter.
§ 110-112.1 Antennas and wireless communication facilities.
[Added 6-16-1997 by Ord. No. 97-8]
Antennas and wireless communication facilities shall be permitted as follows:
A.
As an accessory use for governmental operations, including public safety functions, and for cellular communications, a freestanding antenna permitted pursuant to this section shall not exceed 150 feet in height.
§ 110-112.1.1 Television, radio and satellite dish antennas.
[Added 2-25-2019 by Ord. No. 2019-04]
Television, radio and satellite dish antennas shall be permitted in any district and require minor site plan approval and/or an approved zoning permit prior to construction. Type and location of such shall be as follows:
A.
Conventional television and/or radio antennas shall be permitted as follows:
(1)
Such antennas may be located either attached to a permitted principal building or permitted accessory structure or freestanding in a rear yard.
(2)
The maximum height of an attached antenna shall be 10 feet above the existing height of the building or structure to which it is attached, not to exceed 10 feet above the maximum permitted height for the district in which such building or structure is located. The maximum height of freestanding antennas shall not exceed the permitted height of accessory structures for the district in which it is located.
(3)
The minimum setback distances for an attached antenna or any part thereof shall be the requirements regularly applicable for principal buildings or accessory structures for the district in which such building or structure is located.
(4)
Not more than one such antenna shall be permitted to be located on a lot.
B.
Radio antenna structures to be operated by a holder of a Federal Communications Commission amateur radio license shall be permitted as follows:
(1)
Such antennas may be located either attached to a permitted principal building or permitted accessory structure or freestanding in a rear yard.
(2)
The maximum height of such attached antennas shall be 10 feet above the existing height of the building or structure to which it is attached, not to exceed a maximum of 10 feet above the maximum permitted height for the district in which such building or structure is located. The height of freestanding antennas shall not exceed 70 feet.
(3)
The minimum setback distances for an attached antenna or any part thereof shall be the requirement regularly applicable for principal buildings or accessory structures for the district in which such building or structure is located. The minimum side and rear yard setback distances for a freestanding antenna shall be 50% of the total height of such antenna.
(4)
Not more than one such antenna shall be permitted to be located on a lot.
C.
Satellite dish antennas shall be permitted as follows:
(1)
Such antennas shall be located either attached to a permitted principal building or permitted accessory structure or freestanding in a rear yard.
(2)
The maximum height of an attached antenna shall be 10 feet above the existing height of the building or structure to which it is attached, not to exceed a maximum of 10 feet above the maximum permitted height for the district in which such building or structure is located. The height of freestanding antennas shall not exceed 15 feet.
(3)
The minimum setback distance of such antennas or any part thereof shall be 10 feet from any side or rear lot line.
D.
Provisions applicable to all antennas shall include the following:
(1)
All antennas shall employ materials and colors that are consistent with and visually blend into the surrounding landscape to the greatest extent possible.
(2)
All freestanding antennas shall be screened from view from all adjacent properties and public rights-of-way in order that a six-foot-tall person, with an eye level from grade of approximately 5 1/2 feet, is not able to see the lowest 20% of the total antenna height from a distance of 25 feet from the lot line containing such antenna. In no instance, however, shall such screening be less than six feet in height; however, any fence greater than six feet in height shall require a variance from the provisions of § 110-112.2. Such screening may utilize a solid wooden fence, earth berms, closely spaced evergreen plantings or some combination of these devices. If evergreen plantings are utilized, such shall be sufficiently dense as to achieve 75% of the required screening at time of planting.
(3)
All lots containing freestanding antennas shall be enclosed with a minimum four-foot-high fence that must be kept secured and locked to prevent entry at all times, except to those using the premises.
(4)
All applications for zoning permits for freestanding antennas shall include certification by a New Jersey licensed professional engineer that the proposed installation:
§ 110-112.2 Fences and walls.
[Added 9-3-2013 by Ord. No. 2013-12]
Fences and walls shall be permitted in all districts, shall require site plan approval and/or an approved zoning permit prior to construction and shall be subject to the following provisions:
A.
Materials.
[Amended 6-26-2023 by Ord. No. 2023-17]
(1)
Fences shall be constructed of wood, vinyl, aluminum, metal, wrought iron and mesh netting, except chain-link and chicken wire.
(2)
Walls shall be constructed of stone or brick with a stone or cast stone cap. Corners and entrances shall be defined with articulated piers.
(3)
In no case shall a fence or wall be constructed of any material harmful to humans or animals, such as barbed wire, metal spikes, or electrified conductors.
B.
Location.
[Amended 6-26-2023 by Ord. No. 2023-17]
(1)
Front yards.
(a)
Fences shall be permitted to be located in front yards, provided that such fence shall not exceed a height of four feet above grade. Fences shall be constructed so that at least 50% thereof is nonsolid and open.
(b)
Walls shall be permitted to be located in front yards, provided that such wall shall not exceed a height of two feet above grade.
(2)
Side and rear yards.
(a)
Both solid and nonsolid fences shall be permitted to be located in side and rear yards, provided that such fence shall not exceed a height of six feet above grade and be no closer than 10 feet to any front lot line.
(b)
For properties abutting an active or former rail right-of-way, both solid and nonsolid fences shall be permitted to be located in side and rear yards, provided that such fence shall not exceed a height of eight feet above grade and be no closer than 40 feet to any front lot line. Additionally, the portion of the fence above a height of six feet above grade shall be constructed so that at least 50% thereof is nonsolid and open.
(c)
Walls shall be permitted to be located in side and rear yards, provided that such wall shall not exceed a height of four feet above grade.
(3)
Corner lots and through lots.
(a)
For permitted fences not exceeding a height of six feet above grade and walls not exceeding a height of four feet above grade, such fence or wall shall be permitted to be located in the front yard along the secondary street, provided that such fence or wall shall be no closer than 10 feet to any such front lot line.
(b)
For permitted fences not exceeding a height of eight feet above grade, such fence shall be permitted to be located in the front yard along the secondary street, provided that such fence shall be no closer than 25 feet to any front lot line
(4)
Fenceposts, corners and piers may be articulated to a height not to exceed one additional foot above a permitted fence height. Piers may be articulated to a height not to exceed two additional feet above a permitted wall height, provided that such pier does not exceed 30 inches in width or depth. Pergolas, trellises or arbor entryways may be articulated to a height not to exceed 10 feet above grade, provided that such structure does not exceed 10 feet in width.
(5)
In no case shall a permitted fence or wall be placed so as to constitute a traffic or safety hazard. No fence or wall shall be located in the public right-of-way. The fence or wall shall be located entirely within the property upon which it is located.
C.
Orientation. The face or finished side of a fence or wall shall face the adjacent property. All supporting posts and cross-members shall face the property upon which it is located.
D.
Drainage. The fence or wall shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either on the property upon which such is located or on any adjacent lot or public right-of-way.
E.
Buffering and screening. Any permitted side or rear yard fence or wall that is less than 25 feet to the property line along any street shall have foundation plantings consisting of evergreen and deciduous shrubs and trees. Such plantings shall be a minimum of 30 inches tall at time of planting and spaced an average of five feet on center. A planting bed containing extensive flower and ground cover shall extend out a minimum of two feet in front of the foundation plantings along the entire fence or wall facing the street.
F.
Retaining walls. Any permitted wall proposed to be used as a retaining wall four feet or greater in height shall be required to be reviewed by the Borough Engineer prior to the issuance of a zoning permit.
§ 110-112.3 Driveways.
[Added 9-3-2013 by Ord. No. 2013-12; amended 6-26-2023 by Ord. No. 2023-17]
Driveways shall be permitted in all districts, shall require site plan approval and/or an approved zoning permit prior to construction and shall be subject to the following provisions:
A.
Lot access.
(1)
Every lot shall have a maximum of one driveway opening providing access to a street.
(2)
On lots a minimum of 100 feet in lot width, an additional driveway opening shall be permitted for the purpose of creating a connected or U-shaped driveway in the front yard. In no case shall the two driveway openings be located closer than 25 feet to each other.
B.
Setbacks.
(1)
A driveway on a corner lot shall be set back a minimum of 40 feet from the intersecting lot lines at the corner.
(2)
A driveway shall be set back a minimum of three feet from a side or rear lot line, unless such driveway is a common or shared driveway for dwelling units on adjacent lots.
(3)
On lots 50 feet or less in lot width, a driveway shall be set back a minimum of one foot from a side or rear lot line, unless such driveway is a common or shared driveway for dwelling units on adjacent lots.
C.
Width.
(1)
A driveway shall maintain a maximum width of 12 feet at the front lot line, after which the driveway may flare out to a maximum width of 20 feet in the front yard.
(2)
On lots a minimum of 62.5 feet in lot width, a driveway shall maintain a maximum width of 16 feet at the front lot line, after which the driveway may flare out to a maximum width of 20 feet in the front yard.
(3)
On lots a minimum of 75 feet in lot width, a driveway shall maintain a maximum width of 20 feet at the front lot line, after which the driveway may flare out to a maximum width of 24 feet in the front yard.
(4)
On corner lots and through lots, where the driveway opening provides access from the secondary street and the driveway is 18 feet or less in length, a driveway shall maintain a maximum width of 20 feet at the front lot line.
D.
Coverage. The area of a driveway shall not exceed 30% impervious coverage of the front yard.
§ 110-112.4 Patios and walkways.
[Added 9-3-2013 by Ord. No. 2013-12; amended 6-26-2023 by Ord. No. 2023-17]
Patios and walkways shall be permitted in all districts, shall require site plan approval and/or an approved zoning permit prior to construction and shall be subject to the following provisions:
A.
Materials. Patios and walkways shall be constructed of slate, stone, brick or concrete.
B.
Location. No patio shall be located in the front yard. On corner lots and through lots, a patio shall be permitted to be located in the front yard along the secondary street, provided that such shall be no closer than 10 feet to any front lot line.
C.
Setbacks.
(1)
A patio or walkway shall be set back a minimum of three feet from a side or rear lot line, exclusive of the private walkway providing access to the lot.
(2)
On lots 50 feet or less in lot width, a patio or walkway shall be set back a minimum of one foot from a side or rear lot line, exclusive of the private walkway providing access to the lot.
(3)
Raised patios greater than 30 inches above grade shall be set back a minimum of three feet from a side or rear lot line.
(4)
Raised patios greater than five feet above grade shall be set back a minimum of five feet from a side or rear lot line.
D.
Drainage. Patios and walkways shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either on the property upon which such is located or on any adjacent lot or public right-of-way.
§ 110-112.5 Swimming pools and sport courts.
[Added 9-3-2013 by Ord. No. 2013-12]
Swimming pools and sport courts shall be permitted on all lots used as single- and two-family dwellings in residential districts and on any tract developed for townhouses or apartments. Such shall require site plan approval and/or an approved zoning permit prior to construction and shall be subject to the following provisions:
A.
Location. Any swimming pool or sport court shall be permitted in a rear yard, located completely behind the rear walls of the principal structure.
B.
Coverage. The surface area of a swimming pool or sport court shall not exceed 25% coverage of the rear yard area.
C.
Setbacks. No part of the surface area of a swimming pool or sport court, including structures attached thereto or any pool filtering equipment, whether or not such is attached, shall be closer than 10 feet to any side or rear lot line. For the purposes of this subsection, a ground-level patio and associated walkways surrounding a swimming pool shall not be considered to be a structure attached thereto.
D.
Fencing. The entire swimming pool or sport court shall be fenced. Said fence shall be six feet above grade for sport courts and a minimum height of four feet above grade for swimming pools and shall be of such design that it securely controls access to such area. Where such is located on a corner lot and the fence on the side facing the street is nonsolid, that portion of the fence shall be screened with shrubs not less than four feet tall at the time of planting.
E.
Swimming pool drainage. No swimming pool shall drain into a public sanitary sewer or be located in such a manner that water from the pool or filtering equipment drains onto another property. Any permitted in-ground pool shall be required to be reviewed by the Borough Engineer prior to the issuance of a zoning permit.
§ 110-112.6 Accessory structures.
[Added 9-3-2013 by Ord. No. 2013-12; amended 2-8-2021 by Ord. No. 2021-01; 6-26-2023 by Ord. No. 2023-17]
Accessory structures, inclusive of air-conditioner (A/C) condenser units, generators, transformers and other mechanical equipment, shall be permitted in all districts and shall require site plan approval and/or an approved zoning permit prior to construction and shall be subject to the following provisions:
A.
Location.
(1)
No accessory structure shall be located in a front yard. On corner lots and through lots, an accessory structure shall be permitted to be located in the front yard along the secondary street, provided that such shall be no closer than 15 feet to any front lot line.
(2)
Nonenclosed outdoor dining structures within the B-1 and D-1 Districts shall be permitted to be located in a front yard without a minimum setback requirement from the front lot line, provided that such structures do not exceed a height of 15 feet above grade.
B.
Setbacks.
(1)
Accessory structures not exceeding 100 square feet in area and a height of 10 feet above grade shall be set back a minimum of three feet from a side or rear lot line.
(2)
Accessory structures exceeding 100 square feet in area and/or a height of 10 feet above grade shall be set back a minimum of five feet from a side or rear lot line.
(3)
On lots 50 feet or less in lot width, accessory structures, including detached garages, not exceeding 300 square feet in area and a height of 15 feet above grade shall be set back a minimum of three feet from a side or rear lot line.
(4)
On lots in the LI Light Industrial District, accessory structures shall be set back a minimum of 10 feet from a side or rear lot line.
(5)
Nonenclosed outdoor dining structures within the B-1 and D-1 Districts shall not have minimum setback requirements from side or rear lot lines, provided that such structures do not exceed a height of 15 feet above grade.
C.
Height. No accessory structure shall be greater than 1 1/2 stories or a height of 20 feet above grade.
D.
Screening. Ground-mounted mechanical equipment shall be properly screened from the street by planting of evergreen trees, shrubs or a berm and/or a permitted fence or wall to provide an opaque visual barrier, provided that such shall be 100% visually impervious at all times of the year.
§ 110-112.7 Design and landscape provisions.
[Added 9-3-2013 by Ord. No. 2013-12; amended 2-17-2015 by Ord. No. 2015-03; 12-14-2020 by Ord. No. 2020-19; 2-8-2021 by Ord. No. 2021-01; 9-12-2022 by Ord. No. 2022-16; 6-26-2023 by Ord. No. 2023-17; 10-28-2024 by Ord. No. 2024-25]
The following provisions shall apply to all applications involving construction, reconstruction, or addition to a single- or two-family detached dwelling. In the case of an application involving less than 500 square feet of construction, reconstruction, or an addition to a single- or two-family detached dwelling, the following provisions may be waived at the determination of the reviewing agency or the Zoning Officer.
A.
Orientation. The dwelling shall be oriented to face to and relate to the street and sidewalk in terms of the footprint location and front entrance. On corner lots, the reviewing agency or the Zoning Officer shall have the ability to determine which street such dwelling shall face and relate to as the primary street and which side shall be treated as a secondary street for the purposes of orientation.
B.
Facade width. The width of any facade facing a street shall not extend greater than 40 feet. Such facade may extend beyond 40 feet by stepping inward or outward with offsets of a minimum of eight feet. The width of any facade facing a street to achieve the required stepping shall extend no less than eight feet. For the purposes of this subsection, a covered porch at least four feet in depth, 10 feet in width and located not greater than four feet from the garage shall meet the intent of being a portion of the facade facing the street. These provisions shall apply to pre-existing dwellings that currently conform to these provisions and new dwellings only.
C.
Garage locations and design. A one- or two-car garage facing the street shall be recessed behind the nearest portion of the facade facing the street with an offset of a minimum of eight feet. Any three-car garage shall be located to face the side or rear of the property and not the street. Any garage facing the side or rear of the property shall be recessed behind the nearest portion of the facade facing the street with an offset of a minimum of four feet. For the purposes of this subsection, a covered porch at least four feet in depth, 10 feet in width and located not greater than four feet from the garage shall meet the intent of being a portion of the facade facing the street. The width of the portion of the facade facing the street containing the garage shall not exceed 40% of the overall facade facing the street or 30 feet, whichever is less. In no case shall the garage door(s) be closer to the street than the main entry door. These provisions shall apply to preexisting dwellings that currently conform to these provisions and new dwellings only.
D.
Repetition of building design. The same building design shall not be utilized on adjacent lots not within 200 feet of another dwelling of the same design. Building design shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, entrance and garage location, architectural style, materials and colors and details. This provision shall only apply to an application involving a subdivision.
E.
Existing vegetation. To the greatest extent possible, significant existing vegetation in good health and condition shall be preserved. Particular consideration shall be given to preserving any tree greater than four inches in DBH, as well as existing stands of trees and tall shrubs and hedgerows along property lines. In cases where trees are removed, their replacement shall be provided in accordance with Chapter 77.
F.
Foundation plantings. The base along the front(s) and side(s) of each dwelling as well as porches and entrance platforms in the front yard(s) and side yard(s) of each dwelling shall be planted consisting of evergreen and deciduous shrubs. Such plantings shall be a minimum of two feet tall at time of planting and spaced an average of three feet on center. To avoid monocultures, the following, species diversity shall be used: where up to 10 plants are proposed, not more than one-half proposed plants, shall be of any one species; where 11 to 30 plantings are proposed, not more than one-third of the proposed plantings shall be of any one species; and where greater than 30 plantings are proposed, not more than one-quarter of the proposed plantings shall be of any one species. Plantings shall be selected from the recommended Borough plant list. A planting bed containing extensive flower and ground cover shall extend a minimum of two feet in front of the foundation plantings along the entire facade facing a street.
G.
Front yard tree plantings. The front yard(s) of each dwelling shall be planted with a minimum of one shade tree and one flowering tree for each 50 feet of frontage along the street or part thereof. On front yards where healthy and mature shade and/or flowering trees currently exist and are being preserved, such shall count toward the requirement. Shade trees shall be a minimum of 2 1/2 inches in caliper, and flowering trees shall be a minimum of two inches in caliper at time of planting. To avoid monocultures, the following species diversity shall be used; where three to five shade and/or three to five flowering trees are proposed, not more than two-thirds of the proposed shade and/or flowering trees shall be of any one species; and where greater than five shade and/or five flowering trees are proposed, not more than one-half of the proposed shade and/or flowering trees shall be of any one species. Shade trees shall be selected from Appendix A contained within Chapter 77. If the approving authority determines that some or all of the shade and/or flowering trees cannot be accommodated in the front yard(s) on the subject premises, the applicant shall pay to the Shade Tree Commission the sum of $500 per shade tree and $250 per flowering tree required, to be used by the Shade Tree Commission for the planting of trees on public lands in the Borough. Newly planted trees shall be monitored for a period of one year to ensure the health of the trees. If the trees die within the one-year period, the developer/applicant shall replace the dead tree(s). The developer/applicant shall remain liable to replace trees, notwithstanding that the subject premises may have been conveyed to another person or entity.
§ 110-112.8 Grading and drainage provisions.
A.
Applicability. A permit for grading and drainage shall be required prior to all new construction, additions having a basement or cellar, and the construction of any structure or improvements which the Borough Engineer, Construction Official or Zoning Officer have determined may cause an adverse impact to any adjoining property or public right-of-way. Exemptions to these provisions are as follows:
(1)
In the case of an application for an existing single- or two-family dwelling proposing an addition creating an increase of up to 200 square feet of building footprint, such application may be exempt from all of the requirements contained in this section, provided that if a basement or cellar is proposed, it is not lower in elevation than the basement or cellar in the existing dwelling.
(2)
In the case of an application for an existing single- or two-family dwelling proposing an addition creating an increase greater than 200 square feet and up to 400 square feet of building footprint, such application may be exempt from the requirements of providing a plot and grading plan, provided that if a basement or cellar is proposed, it is not lower in elevation than the basement or cellar in the existing dwelling.
B.
Zoning permit requirements. Prior to the issuance of a zoning permit for the applicable construction or improvements as delineated under § 110-112.8A herein, the applicant for the permit shall submit to the Zoning Officer three copies of a plot and grading plan signed and sealed by a New Jersey licensed professional engineer.
C.
Plot and grading plan requirements. The plot and grading plan prepared is to be based on survey measurements, drawn to a scale of not more than one inch equals 10 feet or less than one inch equals 40 feet, and shall include the following, as applicable to the proposed construction:
(1)
Boundary, property lines, dimensions, physical features and topography based upon a current (within last two years) outbound survey prepared by a New Jersey licensed land surveyor.
(2)
The width of street rights-of-way, the width of street pavements and the material composition of the street surface.
(3)
The location and identification of flood zones, conservation easements, and wetland areas, if applicable.
(4)
Existing and proposed buildings including projections such as porches, entrance platforms and steps, decks, accessory or other structures, building dimensions, existing and proposed setback dimensions and height of buildings and accessory or other structures.
(5)
Existing buildings and accessory or other structures within 25 feet of the property.
(6)
Existing and proposed contour lines at one-foot intervals with reference to an assumed datum or to NGVD 1988 for the property upon which the building is to be constructed. Proposed grades shall include sufficient spot elevations at the building corners, driveway, parking areas and yard areas and extend 25 feet in all directions from the property.
(7)
Finished floor elevations of all buildings, description of the building (ranch, bi-level, two story, masonry, frame), applicable critical grades and the seasonal high water table elevation, if applicable.
(8)
A description of the building to be constructed (basement, cellar, crawl space or slab construction).
(9)
Where applicable, sufficient information to show impact, if any, on adjoining properties.
(10)
Total area of the tract and the total area upland or buildable area, if applicable.
(11)
Existing and proposed total area and percentage of building coverage and impervious coverage.
(12)
Schedule showing zoning of the property, zoning requirements and plan provisions in relation to each zoning requirement.
(13)
Existing and proposed private walkway, other walkways, paths, stairs, steps, trash and recycling pads, fence locations and the sidewalk/curb within the public right-of-way, including the type of material to be used for construction.
(14)
Existing and proposed driveways, parking areas, patios, sport courts, pools, water features and other site improvements and impervious surfaces, including the type of material to be used.
(15)
Existing and proposed terraced areas and retaining wall location including top and bottom elevations of wall at the beginning and end of each wall segment and at any grade change.
(16)
All trees and their estimated driplines, including trees from adjacent property which have driplines onto the subject property.
(17)
Location of all existing utilities and utility easements, proposed connections thereto and any utility relocations, following American Society of Civil Engineers (ASCE) Standard 38-02, minimum Quality Level C.
(18)
Construction details for all improvements on the lot and in the public right-of-way.
(19)
Any proposed stormwater management elements such as drainage swales, rain barrels, recharge facilities such as dry wells, seepage pits, perforated pipe or similar system, rain gardens or similar methods. Rain barrels or other similar devices shall be provided with antivector screening.
(20)
Stormwater flow direction arrows must be provided for both on-site and off-site conditions.
(21)
Drainage system routing and termination details and specifications.
(22)
A North arrow shall be shown with datum referenced.
(23)
Submission of the plot and grading plan to the Middlesex County Mosquito Extermination Commission (MCMEC) for any development that has a surface stormwater facility, including a detention basin, drainage swale, rain gardens or similar facilities.
(24)
Submission of a zoning permit application in accordance with Article 24, Flood Damage Prevention, of this chapter for any development within flood hazard areas.
(25)
United States Army Corps of Engineers or New Jersey Department of Environmental Protection approved wetlands and wetlands buffer delineations by metes and bounds, if applicable. Calculated wetland and wetland buffer areas shall be noted.
D.
Plan review. The Borough Engineer shall review and provide either an approval or rejection of the plot and grading plan in writing to the applicant within a maximum of 10 business days after receipt of the plot and grading plan by the Zoning Officer. After approval is granted, the final approved plot and grading plan and all soils work data shall be submitted electronically to the Zoning Officer.
E.
Specific requirements.
(1)
After review of existing conditions, the design engineer shall manage roof drain runoff as follows:
(a)
Roof drain runoff from the front and side of the structure that discharges to the front yard area and drains overland towards the public street shall be permitted, provided that the discharge point is not more than five feet from the face of the structure. They are encouraged but not required to be tied into a recharge facility.
(b)
In the event that existing conditions prevent satisfactory positive drainage from the front and side roof drains to reach the public street, roof drain runoff may discharge through a curb penetration in the public street in accordance with Chapter 166 of the Code of the Borough of Metuchen or may be piped and directly connected into the stormwater collection system subject to the review and approval of the Borough Engineer.
(c)
If roof drain runoff from the side and rear of the structure that discharges to the rear of the structure will exceed preexisting drainage and/or will flow toward adjoining properties, such excess roof drain runoff shall be retained and recharged in the rear yard area using recharge facilities subject to the review and approval of the Borough Engineer.
(2)
After review of existing conditions, the design engineer shall manage sump pump discharge as follows:
(a)
Sump pump discharge shall be permitted to be piped and directly connected into the stormwater collection system. The stormwater collection system may be extended at the sole cost of the applicant and shall be subject to the review and approval of the Borough Engineer. Extensions within the public right-of-way shall receive written consent from Borough Council and extensions crossing adjacent property shall receive written consent from the property owner.
(b)
Where sump pump discharge is not piped and directly connected into the stormwater collection system, sump pump discharge shall be retained and recharged in the front yard area using recharge facilities. Any overflow from the recharge facility may discharge to the front yard area and drain overland towards the public street subject to the review and approval of the Borough Engineer. The following additional provisions shall apply:
[1]
A minimum of two test pits shall be completed for up to 5,000 square feet in building footprint, and at least one additional test pit shall be completed for each additional 5,000 square feet in building footprint or part thereof.
[2]
Test pits shall be completed within 15 feet of the perimeter of the footprint of the proposed structure and/or within the area of any proposed recharge facility.
[3]
Test pits shall extend to a depth of at least three feet below the proposed lowest finished floor elevation, basement, cellar, slab construction, and the bottom of any proposed recharge facility. The results of the test pits and permeability tests for recharge facilities shall indicate the nature of the subsoil conditions, the permeability test results and the seasonal high water table elevation shall be provided in a report that is signed and sealed by a New Jersey licensed professional engineer.
[4]
The minimum separation distance between the seasonal high water table elevation and the proposed lowest finished floor elevation, basement, cellar, slab construction, and the bottom of any recharge facility shall be two feet.
(3)
Recharge facilities shall be regulated as follows:
(a)
All recharge facilities shall be designed by a New Jersey licensed professional engineer, shall be designed in accordance with NJDEP and RSIS stormwater management design standards and shall be subject to the review and approval of the Borough Engineer.
(b)
Recharge facilities for roof drain runoff shall be designed for the twenty-five-year storm event.
(c)
Recharge facilities for sump pump discharge shall be designed based upon monitoring well data, groundwater modeling or similar design criteria.
(4)
Roof drain runoff and sump pump discharge water shall not be directed onto driveways, parking areas, adjoining properties or within 10 feet of the public right-of-way.
(5)
The maximum distance between the finished floor elevation of the first floor (except for the garage floor) and the average finished grade, or preconstruction grade, whichever is lower in elevation, as measured along the front wall of the building closest to the street, shall not exceed four feet. If, at the determination of the Borough Engineer, the average preconstruction grade at the rear of the proposed building footprint is greater than two feet above the average preconstruction grade at the front of the proposed building footprint, the maximum distance may be increased, provided that additional foundation landscaping (either additional number or height or any combination thereof) is provided to the satisfaction of the Zoning Official.
(6)
The average finished grade elevation along the perimeter of the proposed building footprint and all areas 10 feet beyond such building footprint shall not be increased by greater than one foot over the average preconstruction grade. If, at the determination of the Borough Engineer, the property has existing site conditions requiring additional fill (such as, but not limited to, portions of the front yard area are lower in elevation in relation to the top of curb along the street or low spots on the property), additional fill greater than one foot may be permitted to ensure positive drainage.
(7)
No fill shall be permitted within five feet from a property line, unless such area being graded is to be used for the management of stormwater runoff, as approved by the Borough Engineer.
(8)
The minimum slope for drainage swales shall be 1 1/2%.
(9)
In the case where roof drain runoff is permitted to extend to a curb penetration in the public street, the curbline and gutter along the entire frontage of the property and up to 100 feet beyond the adjoining property that is downstream shall be determined prior to the issuance of a zoning permit to be in good condition by the Borough Engineer or otherwise be removed and reconstructed in accordance with Chapter 166 of the Code of the Borough of Metuchen. The alternative shall be the payment to the Borough in an amount of $75 per linear foot, which amount shall be reserved for curbline and gutter installation or replacement in the Borough. For additions to single- or two-family dwellings, the payment shall be reduced to $50 per linear foot.
[1]
Editor's Note: This ordinance also renamed and moved former § 110-112.8, Antennas, added 9-3-2013 by Ord. No. 2013-12, to § 110-112.1.1.
§ 110-112.9 Foundation location plan.
[Added 2-25-2019 by Ord. No. 2019-04; amended 8-12-2019 by Ord. No. 2019-13]
Prior to framing or placing the modular units or pre-fab units on the foundation as constructed, a New Jersey professional land surveyor shall submit to the Zoning Officer three copies of a plan showing the setbacks and elevations as to said as-built foundation and specifically showing the top of block elevation and any other critical floor elevation.
§ 110-112.10 Final as-built plan.
[Added 2-25-2019 by Ord. No. 2019-04; amended 8-12-2019 by Ord. No. 2019-13]
A.
Prior to the issuance of a certificate of occupancy, the Zoning Officer shall require three copies of the final as-built plan be submitted, signed and sealed by a New Jersey professional land surveyor for a final zoning permit review. The plans utilized for a request for a final zoning permit review shall be accompanied by a Copy of the initial review plans. The Borough Engineer will, in addition to said review, cause an on-site inspection and submit a written report to the Zoning Officer and Construction Code Official as to the status of all improvements required and as-built conditions that conform satisfactorily to the approved plans and that a certificate of occupancy may be issued. In the event that the final as-built plan does not conform to the requirements herein set forth, a report shall be prepared by the Borough Engineer indicating conditions which must be satisfied prior to the issuance of a certificate of occupancy. The as-built plans shall include the following:
(1)
Boundary, property lines dimensions, physical features and topography.
(2)
Buildings including projections such as porches, entrance platforms and steps, decks, accessory or other structures, building dimensions, setback dimensions and height of buildings and accessory or other structures.
(3)
As-built elevations of the lot and adjacent roadway, building corner grades, lot corner grades, drainage swale grades, as well as contours and critical spot elevations to clearly define surface flow.
(4)
Finished floor elevations of all buildings, description of the building (ranch, bi-level, two story, masonry, frame), applicable critical grades and the season high water table elevation, if applicable.
(5)
A description of the building constructed (basement, cellar, crawl space or slab construction).
(6)
Where applicable, sufficient information to show impact, if any, on adjoining properties.
(7)
Total area of the tract and the total area upland or buildable area, if applicable.
(8)
Total area and percentage of building coverage and impervious coverage.
(9)
Schedule showing zoning of the property, zoning requirements and plan provisions in relation to each zoning requirement.
(10)
All completed improvements, including but not limited to walks, drives, curbs, landscaping, shall be shown. Elevations, locations, materials, slopes and sizes shall be included on the plan.
B.
If alterations have been made between the initial review plans and the final as-built plan, same shall be explained by notes or attachments, with an explanation of how the changes are different from the approval and that there are no significant impacts to adjoining properties.
§ 110-112.11 Temporary certificate of occupancy (TCO).
[Added 2-25-2019 by Ord. No. 2019-04; amended 8-12-2019 by Ord. No. 2019-13]
If, in the opinion of the Borough Engineer, inclement weather prohibits the completion of the improvements required on the approved plot and grading plan and proposed building construction and improvements in accordance with this chapter, a temporary certificate of occupancy (TCO) may be issued by the Construction Official. The issuance of the TCO shall be conditioned upon the following items:
A.
The estimated construction costs to complete the improvements are placed in a cash bond. The estimated costs for the incomplete improvements shall be determined by the Borough Engineer.
B.
Written proof of the cash bond must be given to the Zoning Official.
C.
Proof of receipt of a conditional or permanent report of compliance from the Freehold Soil Conservation District, where applicable, shall be submitted to the Construction Official.
D.
All bonded improvements shall be completed and ready for final inspection no later than June 1 next occurring, unless an extension is granted by the Borough Engineer, Construction Official and/or Zoning Officer.