Raritan Township City Zoning Code
ARTICLE XIV
General Design and Use Regulations
§ 296-131 Schedule of controls.
[Amended by Ord. No. 03-3; Ord. No. 06-21; Ord. No. 2017-13; Ord. No. 2017-14; 11-7-2018 by Ord. No. 18-28; 12-18-2018 by Ord. No. 18-30; 11-18-2020 by Ord. No. 20-30; 5-4-2021 by Ord. No. 21-09; 6-3-2025 by Ord. No. 25-21]
Schedule I, titled "Schedule of Area, Yard and Building Requirements," Schedule II, titled "Minimum Utility Requirements," and Schedule III, titled "Cluster Requirements," which are attached to this chapter, are declared to be a part of this chapter and shall be deemed to be the minimum requirements in every instance of their application, unless otherwise stated.
A.
Applicability of regulations. Except as hereinafter provided:
(1)
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
(2)
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located.
(3)
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.
(4)
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
(5)
No off-street parking area or loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for a use or structure on any lot shall be considered as providing off-street parking area or loading and unloading area for a use or structure on any other lot.
(6)
No land in a residential zone shall be used to fulfill open space, parking or similar requirements for uses in nonresidential zones. No access shall be allowed through a residential zone to service a use in a nonresidential zone.
B.
General use restrictions for all zones.
(1)
Any use not designated as a principal permitted use, a permitted accessory use or a conditional use is specifically prohibited from any zone in the Township. All uses shall be conducted within a building or structure unless otherwise permitted.
(2)
The following public utility facilities shall be permitted in all zones on land with sufficient area appropriate for the facility or service to be provided:
(a)
Electrical substations, pumping stations and underground utility lines and underground pipelines constructed or used to serve a principal permitted use and permitted accessory uses for which subdivision or site plan approval has been granted or which is preexisting.
(b)
Electrical or other utility substations to be installed within existing public and private rights-of-way where a utility line already exists.
(c)
Electric line installations of 34.5 kilovolts or less.
C.
Prohibited uses.
(1)
Explosives manufacturing.
(2)
Petroleum refining.
(3)
Bulk storage of refinery products and raw materials in tanks for use on the premises or for resale, when inventoried in tankage exceeding the capacity as listed in § 296-140C.
(4)
Junkyards and automobile wrecking yards.
(5)
Retail, wholesale or auction sales of used motor vehicles, except as an accessory use as set forth in § 296-151E.
(6)
All billboards, signboards or advertising devices not expressly related to the business being conducted on the premises.
(7)
Landfills.
(8)
Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, P.L. 2021, c. 16[1] (the "Act"), all cannabis establishments, cannabis distributors or cannabis delivery services, as said terms are defined in the Act, are hereby prohibited from operating anywhere in the Township of Raritan, except for the delivery of cannabis items and related supplies by a delivery service. In addition to the foregoing, it is further stated that all recreational and medical marijuana uses, such as, but not limited to, marijuana cultivation facilities, marijuana production or manufacturing facilities, marijuana testing facilities, and retail marijuana sales and dispensaries, are prohibited in all zones within the Township.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(9)
Shipping containers.
(a)
Residential Zones. Shipping containers are prohibited in all residential zones. There is an exception for when shipping containers are utilized for temporary residential storage subject to zoning permit review under § 296-140, which temporary use shall not exceed a time period of 30 days, and shall not be used for non-residential storage purposes. In the AR-2, AR-5, R-1, R-1A, R-2, R-3, R-4, R-5, and R-6 Zone Districts, retrofitted shipping containers, which include shipping containers that have been retrofitted or modified for uses accessory to a residential use, are permitted as a conditional accessory use subject to the following conditions:
[1]
Retrofitted shipping containers shall have both a primary and secondary means of entry.
[2]
The exterior of a retrofitted shipping container shall be painted or otherwise constructed so that the facade complements the exterior of the primary residence.
[3]
The location and size of the retrofitted shipping container shall meet the zoning regulations set forth in the Township of Raritan Schedule I, Schedule of Area, Yard and Building Requirements, as well as the applicable regulations set forth in § 296-140, including, without limitation, the maximum 800 square foot size limitation.
[4]
The retrofitted shipping container shall meet all applicable building and subcode requirements based on the proposed use.
(b)
Non-residential Zones. Shipping containers are only permitted in non-residential zones when utilized customarily and incidental to a permitted or approved principal commercial or industrial use; or under extraordinary circumstances when utilized as a temporary use, both subject to site plan approval by the appropriate land use board.
(c)
For the purpose of this chapter, the term "shipping containers" shall include a pre-fabricated receptacle or enclosed designed to be used for storage or shipment; and includes ISO shipping container, ISO container, sea containers, transmodal containers, and trailers from tractor-trailer units that remain in a stationary location. "ISO shipping container" or "ISO container" shall mean any standardized shipping container constructed in accordance with the standard sizes promulgated by the International Standards Organization for use in intermodal transportation of goods by ship, rail or truck, which shall include but shall not be limited to containers that are 20 feet in length and eight feet in width, 40 feet in length and eight feet in width, 45 feet in length and eight feet in width, 48 feet in length and eight feet in width, and 53 feet in length and eight feet in width.
§ 296-132 Cluster residential development.
Any major residential subdivision in Zone Districts R-1A, R-2, R-3, R-4, R-5 and R-6 meeting the requirements of this section may apply to the Planning Board for approval as a cluster subdivision under the provisions of this chapter and in accordance with the following requirements:
A.
Maximum number of lots. The maximum number of lots to be permitted shall be the fewer number of lots resulting from the following:
[Amended 3-20-2018 by Ord. No. 18-1]
(1)
The maximum number of lots to be permitted shall be no greater than the number derived by preparation of a sketch plat of the subject property showing a development with conventional lot sizes. Such sketch plat shall be prepared at a scale of not less than one inch equals 100 feet. Such sketch plat and the resulting number of lots thereon shall be based upon and shall include:
(a)
Street layout with street right-of-way widths conforming to the Master Plan and this chapter.
(b)
Steep slope analysis of topography shown on such sketch plat at intervals of at least 10 feet as required by § 296-143.
(c)
Location of any 100-year floodplains.
(d)
Location of wetlands and wetland transition areas based upon a letter of interpretation from NJDEP.
(e)
Lot areas conforming to the zoning district requirements, indicating lot area and lot width. A lot circle shall be inscribed in such lot, the location and diameter of which shall conform to requirements of Part 3, Zoning, of this chapter pertaining to the zoning district within which the property is located.
(f)
In addition, such sketch plat shall show all other information required by the checklist for sketch plats and § 296-64, including, where public sewers are not proposed, the requirement of § 296-64B(9), which requires at least one passing permeability test and soil log for each five acres of such property. The location of all unsatisfactory and abandoned permeability tests shall be indicated.
(g)
Where public water supply is not available, a well test report as required by § 296-69 shall be submitted.
(h)
If public water supply is proposed, a letter from the water supplier shall be submitted stating that safe and adequate service to the anticipated number of units can be supplied.
(i)
If public sewers are to be provided, a written communication from RTMUA shall be submitted stating that sewage treatment capacity for the number of units shown on the sketch plat has been reserved.
(j)
If public water supply and/or public sewers are proposed, the route of extension of such to the property and the location of any required pumping station shall be indicated.
(2)
Preparation of a sketch plat of the subject property showing a development with conventional lot size without both utilities (public sewer and public water).
B.
Cluster requirements. See Schedule III attached to this chapter.
C.
The land area which would otherwise be required for house lots, but which is not so used under the permitted lot size reduction provisions of this section, shall be devoted instead to contiguous common space.
D.
Location and use of dedicated lands. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in its decisions by this subsection and the following:
(1)
Lands required to be dedicated shall be so located as to meet the needs of open spaces, parks, playgrounds, rights-of-way, protecting major streams or open drainageways and buffer areas, or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Township requirements shall be satisfied, but also that dedicated area shall be so located as to meet any possible future needs of the neighborhood or region.
(2)
The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. It shall not generally approve areas of less than five acres except when such site is considered adequate for its specific use, and it shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the needs of the development where located. Areas utilized for stormwater detention facilities shall not be counted toward fulfilling minimum open space area requirements for a cluster development. Areas utilized for stormwater retention facilities shall be counted toward fulfilling open space area requirements.
E.
Disposition of dedicated areas. Dedicated areas shall be deemed free and clear of all mortgages and encumbrances to the Township if the Township so indicates, as provided in Subsection D of this section, or deeded to a property owners' association, cooperative or condominium corporation, free and clear of any encumbrances, for its use, control and management for open space recreational or agricultural use and to provide appropriate restrictions to assure the effectuation of the purpose of this chapter and to provide for the maintenance and control of the area. If non-Township ownership is approved, the maintenance responsibility shall be upon the property owners within the bounds of the development. Upon failure to maintain an orderly open space, the Township may and can perform such maintenance and assess the cost to the responsible property owner pursuant to N.J.S.A. 40:55D-43.
F.
Right of owner. Proposals in accordance with this section shall only be approved by the Planning Board as above regulated if the lesser requirements will promote the public health, safety, morals and general welfare and will enhance property values within the area of development and Raritan Township. Nothing herein shall be construed as requiring a developer to elect this means of developing his or her tract.
§ 296-133 Height.
A.
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, flagpoles, and farm structures. Mechanical appurtenances such as condensers, elevator penthouses, exhaust fans and similar equipment are exempt from height limitations, provided that they do not exceed 10% of the roof area, do not extend more than six feet above the height limitation for the zone in which the building is located, and are completely screened or shielded. The provision of this subsection shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than six feet. Front, rear and side yards shall be increased by one foot for each foot by which such buildings exceed the height limit but not more than six feet, and further provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Noncommercial accessory tower structures may be authorized in all residential zones, provided that:
(1)
The setback for the central vertical portion of the structure shall be a minimum of 35 feet from all property lines for structures up to 35 feet and shall increase by one foot of area for every one foot of increased height, said height not to exceed a maximum of 75 feet.
(2)
The structure shall be located in the area behind the principal residential structure as delineated by a line along the rear wall of the structure and extending to either side of the property.
C.
How measured. Height shall be measured from the mean level of the ground adjacent to the structure to a point midway between the highest (ridge line) and lowest (eaves) point of the roof, but not including chimneys, spires, towers, elevator penthouses and similar projections. The mean level of the ground surrounding the structure shall be computed by averaging the grade at the four corners at the base of the structure, or the four most extreme points on the north, south, east and west sides of a principal structure where multiple corners exist, or four points 90° apart from a circular structure. The base of earth berms surrounding a structure shall be considered the grade from which height is measured.
§ 296-134 Yard area.
A.
Generally.
(1)
Front yards. The minimum building setback shall be maintained as required in Schedule I attached to this chapter, except that a structure to be erected on a vacant lot between two improved lots may follow the average setback of the two improved lots, but in any case not less than 25 feet from the street right-of-way line. If a vacant lot is between two improved lots upon which structures are set back greater than the required setback, then the proposed structure on the vacant lot shall also be set back along the average setback line of the two improved lots, but in no event need set back more than 100 feet.
(2)
Within the B-4 Highway Business Zone, the required minimum front yard of 100 feet shall be devoted to landscaping with grass, flowers and shrubs and shall not be used for buildings, structures (other than permitted signs), off-street parking, or off-street loading. Such minimum required front yard devoted to landscaping may be pierced by vehicular and pedestrian accessways; the design and width of such shall be approved by the Planning Board as part of the site plan approval process. The property owner shall have a continuing responsibility to maintain such landscaped areas. Such continued responsibility for maintenance (including replacement of plant material which has died) shall be set forth as a note on the site plan and shall be incorporated into any resolution granting site plan approval. Such landscaped strip may also be devoted to trees provided the number, location and species are approved by the Municipal Agency as part of the site plan approval process.
B.
Side and rear yards. In any residential zone, on lots on which a single-family attached or detached residence is the principal use, utility sheds of less than 180 square feet in gross floor area and under 10 feet in height, and any unroofed patio or deck which is no higher than three feet above existing grade, and any residential drive or parking area, other than a common drive, may be located within five feet of any side or rear lot line.
C.
Front steps and overhangs. Residential front steps and roof overhangs may extend into the required yard setback area in any residential zone by no more than five feet.
D.
Permitted reductions. In any industrial zone, setback requirements may be reduced for principal and accessory structures to a minimum of 10 feet where adjacent to a railroad or power company right-of-way.
E.
Public dedications.
(1)
Where any property owner or his or her predecessor in title has given up property to the Township either through condemnation or gift for the purpose of facilitating improvement to existing Township streets, the area given up shall also be counted as part of the premises for the purpose of complying with this section.
(2)
Where in the B-4 Zoning District land is to be dedicated for public streets, the area of such public street dedication shall be included as part of the site area of the development submitted for site plan approval for the purpose of calculating the permitted hard surface coverage and floor area ratio. Any hard surface within the street right-of-way of the street to be dedicated shall not be included as part of the hard surface for the purpose of calculating the permitted hard surface coverage of the site area of the development.
§ 296-135 Temporary uses.
It is recognized that it may be in the interests of the Township and in accordance with the purpose of this chapter to permit temporary activities for limited period of time, which activities may not be permitted by other provisions of this chapter.
A.
Such uses shall be permitted if they are of such nature and are so located that, at the time of application, they will:
B.
Upon favorable findings by the Planning Board, the Board may direct the Land Use Enforcement Officer to issue a zoning permit for a period not to exceed six months. The Planning Board may authorize extensions of such zoning permits for an additional period of not more than six months. Such extensions in total time shall not exceed the total period of construction on the site or, when such temporary use is located within a planned residential development, shall not exceed the period of construction of the planned residential development.
C.
In subdivisions and planned developments designed for residential use, the Planning Board may permit the use of one unit of each type of dwelling as a model unit and the use of not more than one such dwelling as a temporary sales office. The use of the dwellings as model units and the operation of the sales office shall not extend beyond the date of the initial sale or occupancy of all of the units. A rental office may be permitted in an apartment complex at all times.
§ 296-136 Existing lots of record.
A.
In any zone, a permitted use may be constructed upon an existing lot of record existing February 12, 1979, which does not meet the minimum lot area and width requirements for the zone in which located, provided that the minimum lot area and width requirements for an existing lot of record under Schedule I attached to this chapter are met, and provided that the owner and/or the owner's predecessor in title or subsequent owner of the existing lot of record cannot own or have owned any adjacent land which would, when combined with the existing lot of record, make it a conforming lot or a more conforming lot.
B.
Any lot made nonconforming after February 12, 1979, as the result of local, county, state or federal government taking of land may be considered a conforming lot, provided that the lot has at least 70% of its area and lot width as required in its zone district.
§ 296-137 Backland lots.
A.
In any R-1, R-2 and R-3 Zone District, single-family detached dwellings on lots not abutting on any street as defined in § 296-139E shall be permitted, provided that the lots have physical access to a street as defined in § 296-139E, and provided that the tract, of which the backland lot is a part, cannot be subdivided with the required frontage and the remaining land cannot be further subdivided.
B.
New backland lots shall not be permitted as part of any major subdivision. Their use shall be restricted to those tracts where a lack of street frontage prohibits conventional lot development and where the remaining land as part of this backland lot's subdivision cannot be further subdivided because of lack of lot area. An existing backland lot may be further subdivided if all resulting parcels comply with Part 3, Zoning, of this chapter and such further division may be by means of a major subdivision.
C.
Lots permitted under this section shall meet all requirements of the zone where located, except that the area of the lots shall contain at least twice the area required in the zone. Access shall be provided by means of a fifty-foot parcel of land, which shall be part of the lot, between the main body of the lot and the street. This access shall be improved to a suitable width satisfactory to the approving agency and as necessary to ensure access by emergency vehicles in all seasons. The fifty-foot-wide parcel of land shall not be included as part of the lot area requirement.
§ 296-138 General regulations applicable to all zones.
In addition to the regulations of this article, several other Township regulations may have to be met before a zoning permit, construction permit, or certificate of occupancy can be issued. These include, but are not limited to, the following:
§ 296-139 Lot regulations.
[Amended by Ord. No. 01-9; 4-2-2001]
A.
Lot width measurements.
(1)
The minimum lot width required shall be measured at the proposed street right-of-way line and at the setback line and shall be maintained for an additional 40 feet toward the rear of the lot on a line perpendicular to the setback line.
(3)
For lots fronting on an outside horizontal curve in a road, the minimum frontage at the right-of-way line may be reduced to not less than 75% of the minimum required.
(4)
In all lots, whether or not of an irregular shape, it must be possible to inscribe a circle of a diameter equal to the minimum lot width specified in Schedule I attached to this chapter.
B.
Sight triangle. At all street intersections, fences, landscaping, grading or other obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall not be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 50 feet distant from their point of intersection.
C.
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings. Corner lots shall be considered to have two front yards and two side yards and no rear yard. Lots within the minimum required distance from the corner of two streets or the same street shall have the required frontage on both streets.
[Amended 5-4-2021 by Ord. No. 21-10]
(1)
On residential corner lots, the street which the front door faces or is proposed to face shall be the dominant front yard, with the other being the nondominant front yard. Where this cannot be determined due to a diagonal or rear-facing dwelling, the Zoning Officer shall determine which shall be considered the front yard.
(2)
On residential corner lots, accessory structures, such as air-conditioning units and generators, are permitted in the nondominant front yard.
(a)
Accessory structures located in the nondominant front yard shall be located as close to the principal residential structure as possible, subject to the applicable construction codes.
(b)
Accessory structures located in the nondominant front yard shall be screened and buffered with a fence or landscaping to screen such structure from view from the street.
(3)
On all residential corner lots, the depth of all required setbacks for accessory structures herein permitted in the nondominant front yard shall not be less than the 75% of the required front yard setback for the principal structure within the zone.
D.
Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township or county indicates is proposed for right-of-way widening, the required front yard setback and yard area shall be measured from such proposed right-of-way.
E.
Lots shall abut street.
(1)
No zoning or construction permit shall be issued for a new structure or use unless:
(a)
The lot abuts a street giving physical access to such proposed building or structure.
(b)
Such street shall have been duly placed on the Official Map of the Township or shall be:
[1]
An existing state, county or Township street or highway;
[2]
A street shown upon a plat approved by the Planning Board or Zoning Board of Adjustment; or
[3]
A street on a plat duly filed in the office of the Hunterdon County recording officer prior to the passage of an ordinance under the Municipal Land Use Law, 1975, or any prior law which required prior approval of plats by the Township Committee or other authorized body.
(2)
Before any permit shall be issued, such street shall have been certified to be suitably improved to Township standards, or such suitable improvement shall have been assured by means of a performance guarantee in accordance with standards and specifications approved by the Township Committee as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street.
F.
Parking of commercial vehicles in residential zones.
[Amended 6-18-2019 by Ord. No. 19-15]
(1)
No more than two total commercial vehicles of a pickup or van type may be stored overnight in a residential zone. Commercial vehicles must be parked off street.
(2)
Commercial vehicles, not exceeding a gross vehicle weight rating of 14,000 pounds, may be parked out of doors overnight in any residential zone.
(3)
Commercial vehicles individually exceeding a gross weight rating of 14,000 pounds shall be stored within a structure totally enclosing the vehicle.
(4)
No more than one commercial trailer, with an overall length of 20 feet (excluding tongue), may be parked outside overnight in any residential zone. A commercial trailer would count as one of the two permissible commercial vehicles. The storage of trailers pulled by semi or truck tractors, construction equipment and non-school buses is prohibited in residential zones.
(5)
One truck tractor owned by the resident occupant may be housed on residential lots greater than two acres, but only if stored in an enclosed building.
G.
Recreation vehicles larger than a pickup truck or van type, boats, trailers and motor homes shall not be stored out of doors on any residential lot less than 15,000 square feet.
H.
Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
I.
No business or sales shall be conducted from any vehicle parked on a lot.
J.
All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.
K.
Any subdivision proposed after the effective date of this amendatory ordinance concerning property which contains existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards and state open waters shall divide such property in such a manner that each resulting lot created shall have a minimum required improvable area as specified in Subsection M of this section. A floodplain shall be defined as extending to the 100-year floodplain of a river, stream or other tributary and to the stream encroachment line established in accordance with the flood hazard area regulations where the 100-year floodplain has not been delineated. The above requirements are in addition to net acreage requirements in the R-6, R-6LM and R-7 Zoning Districts.
[Amended by Ord. No. 02-54]
L.
Any subdivision proposed after the effective date of the ordinance codified in this subsection shall divide such property in such manner that each resulting lot created shall have a minimum lot area exclusive of stormwater detention facilities as specified in Subsection M of this section. In the case of surface impoundment stormwater detention or retention facilities, the minimum lot area as required in Subsection M of this section shall not include the impoundment area extending to an elevation of one foot above the 100-year storm design elevation. Such elevation shall be specified on the subdivision plat and the elevation of one foot above the 100-year storm design elevation shall be indicated on the subdivision plat. In the case of non-surface detention facilities, such facilities shall be enclosed by an easement which easement area shall be excluded from the minimum lot area as required in Subsection M of this section. It is the intent of this subsection that stormwater detention facilities (both surface impoundment and non-surface detention facilities) shall be located on one parcel of property.
M.
Minimum required improvable area.
Zoning District | Minimum Required Improvable Area |
|---|---|
R-1 | 65,000 square feet |
R-1A | 50,000 square feet |
R-2 | 40,000 square feet |
R-3 | 40,000 square feet |
R-3 | 30,000 square feet (served by sanitary sewer) |
R-4 | 30,000 square feet |
R-5 | 30,000 square feet (15,000 square feet) (1) |
R-6 | 30,000 square feet (15,000 square feet) (1) |
R-6LM | 2,200 square feet |
R-7 | 2,200 square feet |
Notes: | |
(1) | 30,000 square feet of the minimum lot area specified on Schedule I and elsewhere in this chapter is required for a lot to be used for a single-family dwelling not served by public water and sewer and on a lot on which is to be located a two-family dwelling; 15,000 square feet of the minimum lot area specified on Schedule I and elsewhere in this chapter is required for a lot to be used for a single-family dwelling served by public water and sewer. |
(1)
Within such minimum required improvable area a lot circle having a diameter at least equal to the required lot width for the district in which such lot is located shall be able to be inscribed in the area of such lot exclusive of areas of existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards and state open waters, as set forth in Subsections K and L of this section.
(2)
Any lot which is proposed as part of a cluster development shall have an area equal to the minimum lot area required in the zoning district for a cluster development as specified on Schedule III attached to this chapter, which minimum lot area shall be exclusive of any area of existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards, and state open waters, as set forth in Subsections K and L, and having a lot circle at least equal to the required lot width which shall be able to be inscribed in the minimum lot area exclusive of existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards, and state open waters, as set forth in Subsections K and L.
[Amended by Ord. No. 02-54]
N.
Subdivision of property containing easements.
(1)
Any subdivision proposed after the effective date of this amendment concerning property which contains an easement or easements which preclude structures shall divide such property in such manner that each resulting lot created shall have a minimum lot area exclusive of such existing easement or easements which preclude structures as follows:
Zoning District | Minimum Lot Area Excluding Easements Which Preclude Structures |
|---|---|
R-1 | 65,000 square feet |
R-2 | 50,000 square feet |
R-3 | 40,000 square feet |
(2)
Within such minimum lot excluding an easement or easements which preclude structures a lot circle having a diameter at least equal to the required lot width for the district in which such lot is located shall be able to be inscribed in the area of such lot exclusive of the easement or easements which preclude structures.
(3)
Any lot which is proposed as part of a cluster development shall have an area equal to the minimum lot area required in the zoning district for cluster development as specified on Schedule III attached to this chapter which minimum lot area shall be exclusive of any existing easement or easements which preclude structures and a lot circle having a diameter at least equal to the required lot width shall be able to be inscribed in said minimum lot area exclusive of an existing easement or easements which preclude structures.
(4)
Any existing right-of-way other than street right-of-way which precludes structures shall be treated the same as an easement which precludes structures.
§ 296-140 Building and use regulations.
A.
In all zones, on lots on which the principal use is residential, there shall not be located more than one single-family detached structure and permitted accessory structures. The permitted accessory buildings and structures are:
(1)
One detached garage housing not more than three vehicles and not exceeding 1,500 square feet in area.
[Amended by Ord. No. 06-21]
(2)
On nonfarm residential lots, accessory structures housing horses, livestock, fowl, or rabbits not exceeding 2% of the lot upon which located and not located in the front yard nor within 100 feet of any property line nor within any riparian buffer as required under § 296-141.
[Amended by Ord. No. 06-21]
(3)
On residential lots, accessory buildings and structures not exceeding a total of 800 square feet may be erected provided such are used for purposes customarily incidental to the principal residential use. Such permitted accessory buildings and structures shall exclude pools, detached garages [as listed in Subsection A(1)], solar panel arrays and accessory structures housing animals [as listed in Subsection A(2)] in the calculation thereof.
[Amended by Ord. No. 02-8; Ord. No. 08-36]
(a)
An accessory structure having a gross floor area greater than 800 square feet may continue on a new lot created by subdivision provided the gross floor area of such accessory structure shall not exceed 2% of the area of such new lot. Such accessory structure shall only be used for a permitted customary accessory use as specified for such residential zoning district.
(b)
As part of an approval of a subdivision which property contains an accessory structure which will exceed 2% of the lot area on which it will be located, the Planning Board may condition the timing of the removal of such accessory structure such that:
[1]
Such accessory structure may be permitted to remain until a construction permit is granted for the principal use for the lot on which such accessory structure is located;
[2]
Such accessory structure may be permitted to remain until a construction permit is issued for 95% of the principal structures to be developed in such subdivision; or
[3]
Such accessory structure may be permitted to remain until a specified time limit as set forth in the Planning Board resolution granting final approval has occurred.
(4)
Notwithstanding any other section of these regulations, farm buildings as accessory buildings for the purposes of housing livestock, farm equipment, and farm products may be located on farms of five acres or more provided such farm structures do not exceed a maximum lot coverage of 2% of the lot area upon which such farm building is erected.
(5)
Solar panel arrays.
[Amended by Ord. No. 08-36]
(a)
Roof-mounted panels shall not extend over the edges of the roof of the structure on which they are located.
(b)
Ground-mounted arrays.
[1]
The surface area shall not exceed 2% of the lot area.
[2]
Shall count as hard surface coverage.
[3]
Shall meet the principal setbacks within the zone.
[4]
Shall be located only on lots of 80,000 square feet or more.
[5]
Shall not be located within any front yard or front setback area.
[6]
Shall not be mounted higher than four feet from the ground (to high point of array).
(6)
Front yard and street side yard location (residential). No accessory building or above-grade structure shall be permitted in any front yard or street side yard, except as set forth below and on corner lots in compliance with § 296-139C.
[Added 3-19-2024 by Ord. No. 24-4]
(a)
Flag poles and basketball backboards. Flag poles shall not be higher than 45 feet and shall be set back at least 10 feet from any property line and the principal structure on the lot.
(b)
Light posts.
[1]
The maximum height of freestanding lights shall not exceed the height of the principal building, or 14 feet, whichever is less in residential zones.
[2]
The style of the light and light standards (poles) shall be consistent with the architectural style of the principal building or surrounding area.
[3]
Light trespass. All light fixtures, except streetlighting, shall be designed, installed and maintained to prevent light trespass, as specified below.
[a]
At the property line of the subject property, illumination from light fixtures shall not exceed 0.1 footcandle in a vertical plane.
[b]
All lighting shall be warm or neutral white in color and shall be incandescent, light-emitting diode (LED), or high-intensity discharge (HID) lighting such as metal halide, high-pressure sodium, and mercury vapor.
[c]
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no objectionable direct light emissions.
[d]
No lighting source shall shine directly into or reflect onto windows of nearby residential properties.
[e]
No lighting source shall shine directly or reflect onto streets and driveways in a manner which will induce glare or interfere with driver vision.
[f]
No lighting shall be of a rotating, pulsating, flashing or other intermittent frequency.
B.
All uses and structures in all zones shall meet the applicable performance standards of Article XX of this chapter.
C.
Maximum petroleum tank capacities. The following maximum tank capacities apply to the storage of petroleum products by category of land usage. All tanks on a lot may not exceed the maximums listed.
(1)
Petroleum tank uses. The use and placement of petroleum tanks on property in residential zoning districts shall be only for purposes of directly providing a petroleum supply for vehicles of the occupants of the residential structure, which vehicles shall normally be parked on such residential lot, and heating fuel directly to the main structure on the lot.
(b)
Commercial, office or governmental uses.
[1]
Vehicle fuels for occupants' vehicles: 10,000 gallons underground or 550 gallons above ground; maximum of 10,000 gallons per lot.
[2]
Heating fuels: 15,000 gallons underground or 1,320 gallons or as otherwise permitted by the Uniform Construction Code and/or Fire Prevention Code above ground. The above are the maximums permitted per lot.
(c)
Commercial distribution, industrial or research uses.
(2)
Installation.
(a)
Tanks and all ancillary equipment, whether installed above or below ground, must meet minimum setback requirements for principal structures.
(b)
Tanks shall be installed in accordance with the Uniform Construction Code, National Fire Prevention Code, all other applicable regulatory requirements and the requirements of this chapter.
D.
In all zones, on lots where the principal use is nonresidential, roof-mounted solar panel arrays shall be permitted as an accessory structure, provided that the panels shall not extend over the edges of the roof on which they are located.
[Added by Ord. No. 09-27]
E.
In all zones, on lots where the principal use is nonresidential, a shed is permitted as an accessory structure not to exceed 250 square feet in size, provided that it is used for purposes customarily incidental to the principal use. No accessory building shall exceed the maximum accessory structure height as per Schedule I.[1] No accessory building or structure shall be permitted in any front yard, except as set forth in Subsection E(1) below. No accessory building or structure shall be closer than 15 feet to the principal building on the lot. Accessory buildings or structures built in any side or rear yard shall conform to the minimum yard dimensions set in Schedule I. Any preexisting nonconforming shed erected prior to the establishment of this subsection shall be considered grandfathered.
[Added by Ord. No. 10-15; amended 3-19-2024 by Ord. No. 24-4]
(1)
Front yard and street side yard location (nonresidential). No accessory building or above-grade structure shall be permitted in any front yard or street side yard, except as set forth below.
(a)
Flag poles. Flag poles shall not be higher than 45 feet and shall be set back at least 10 feet from any property line and the principal structure on the lot.
(b)
Light posts.
(c)
Electronic vehicle charging stations as regulated in § 296-155.1. If the electronic vehicle charging station is utilizing independent battery components and is separate from the principal structure, then land use board approval is required. If the station is installed utilizing utilities from the existing structure, then a zoning permit is required.
(d)
Hot box and meter vaults for commercial applications.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 296-141 Preservation of natural features.
A.
Riparian buffers.
[Amended by Ord. No. 06-21]
(1)
To preserve the existing environmental and natural features of the Township, no structure shall be built within 100 feet and no disturbance of soil or vegetation shall occur within 75 feet of the top of the bank of an existing stream carrying water on an average of six months of a year and/or shown on a United States Department of the Interior geological survey quadrangle.
B.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified.
C.
No structure or paving other than sidewalk shall be constructed over an on-site sanitary disposal field, and no animals shall be permitted to graze or be penned over a disposal field or within 50 feet of the top of the bank of a stream described in Subsection A of this section. It is the intent of this subsection to prevent damage to sanitary disposal fields and to prevent pollution of streams by the disturbance of stream corridors by large numbers of animals or by an animal or animals penned in a small area near a stream or prevent pollution from animal wastes.
§ 296-142 Fences.
A.
Fences shall be considered as accessory uses to a principal permitted use and are permitted in all zones in accordance with the below-listed requirements and, where applicable, the design standards for site plan review.
B.
Location. All fences and walls shall be within property lines. No fence or wall shall violate sight easement requirements as established in § 296-139B of this chapter or street rights-of-way, nor shall any fence obstruct any stream, drainageway or floodplain.
C.
Residential uses.
(1)
No fence on any lot in any residential district or on a lot in any other district on which residential buildings are erected shall exceed four feet in height above ground level when located at a distance closer to any street line than the front setback line prescribed for such district, nor shall any such fence exceed seven feet in height above ground level when located at a distance equal to or greater than the front setback line prescribed for the district.
(2)
Notwithstanding the above, a fence of the chain-link type having a height not exceeding 10 feet may be erected around a tennis court accessory to a single-family residence. Such tennis court must be located in the rear yard of such lot and shall be for private use only. The fence must be placed directly around the perimeter of the tennis court and must be located not closer to any property line than the required setback for an accessory structure.
D.
Nonresidential uses. No fence on any lot in any nonresidential district shall exceed a height of eight feet above ground level. When site plan review is required, however, the approving agency shall have the right to waive this requirement when justified for safety or security reasons or for special screening purposes.
E.
Materials. No fence shall be erected of barbed wire, electrically charged, topped with broken glass or metal spikes or constructed of any material which in any manner may be dangerous to persons or animals, except that this provision shall not apply to duly constituted farms on five acres or more.
F.
Design. Fences shall be architecturally coordinated with structures occupying the same lot and surroundings.
G.
Maintenance. Every fence and wall shall be maintained in a safe, sound, vertical condition and shall withstand wind and weather and shall be subject to inspection by the Raritan Township Construction Code Enforcement Department. If it is determined by the Department that any fence or retaining wall or portion thereof is not being maintained in a safe, sound and vertical condition, the Department shall notify the owner of the lot in writing of its findings and order such fence or retaining wall or portion thereof to be repaired or removed within 15 days from the date of such written notice to the owner.
H.
Agricultural fences.
[Amended by Ord. No. 13-3]
(1)
Agricultural fencing for wildlife control. Commercial farms within the meaning of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may install agricultural fencing for wildlife control, provided such installation comports with the adopted Agricultural Management Practice (AMP) issued by the State Agriculture Development Committee (SADC) at N.J.A.C. 2:76-2A(9). Such fencing shall have a maximum height of eight feet and shall be installed around the tillable cropland, pasture, hay or grazing land so as to minimize the impact on neighboring properties.
(2)
For livestock or horses. Commercial farms within the meaning of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may install agricultural fencing for livestock or horses, including but not limited to split rail, PVC, tape, wire mesh and/or electric fencing. Such fencing shall have a maximum height of six feet.
(3)
Noncommercial farms. Farms that do not qualify as a commercial farm within the meaning of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may not install wildlife control fencing but are permitted to install fences for livestock and horses, except that the maximum height shall be six feet.
(4)
Prior to construction of fencing pursuant to this subsection, a commercial farm must submit a survey or sketch reflecting the proposed fencing and its location on the property to the Land Use Enforcement Officer for a written administrative review and approval. No zoning permit or zoning permit fee shall be required.
§ 296-143 Steep slope provisions.
A.
Subdivisions. The applicable provisions of this chapter relating to minimum lot sizes and dwelling unit density for residential development shall be modified in areas of slopes greater than 12%.
(1)
Determination of modification.
(2)
The maximum number of dwelling units allowed on tract shall be computed as follows:
(Land with 30% slopes x 0) | ||
+ (Land with 20% to 29% slopes x 0.2) | ||
+ (Land with 13% to 19% slopes x 0.5) | ||
= total land available for development (TLD) | ||
TLD Minimum lot area required per dwelling unit (Schedule I attached to this chapter) | = | Total number of dwelling units permitted on tract |
(3)
The concentration of development on lesser slopes is encouraged, and the Planning Board may authorize development on lots smaller than permitted in the zone district in accordance with the provisions of this chapter for cluster residential development (§ 296-132), where applicable, provided that the total number of dwelling units does not exceed the maximum allowed after application of the above modification formula.
(4)
Subdivision plats shall be designed so that the larger lots resulting from the application of this section shall be located in the steep slope areas. To calculate the amount of area by which lots in steep slope areas shall be increased in size, the total land available for development (TLD) calculated in Subsection A(2) of this section shall be subtracted from the net land area (total area outside of right-of-way) calculated in Subsection A(1)(a) of this section. The difference resulting from the subtraction shall be the area by which lots in steep slope areas shall be increased in size. Lots shall be increased in size in relation to the amount of area of steep slope on such lot and steepness of such slope so that the largest increases occur on those lots evidencing the largest amounts of areas of steep slope and the greatest steepness of slope.
(5)
In areas with slopes of 13% to 19.99%, no more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
[Amended by Ord. No. 01-41]
(6)
In areas with slopes of 20% to 29.99%, no more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.
[Amended by Ord. No. 01-41]
(7)
In areas with slopes of 30% or more, no development, grading or removal of vegetation shall be permitted.
[Amended by Ord. No. 01-41]
B.
Site plans. The maximum hard surface coverage permitted in Schedule I attached to this chapter shall be modified in areas of slopes greater than 12% as follows:
Percentage of Slope | Maximum Hard Surface Coverage |
|---|---|
20% or greater | No development permitted |
13% to 19% | 50% of that permitted zone |
0% to 12% | As permitted in zone |
§ 296-144 Hours of operation.
[Amended by Ord. No. 08-16]
A.
In the B-1, B-2, B-3, B-4, O-1, O-2, OR and C-R-R Zoning Districts the hours of operation shall be limited to 5:00 a.m. to 12:00 a.m. where such a use is adjacent to a residential zoning district. ("Adjacent to" shall include uses located across a public street from a residential zone.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
In the B-5 and PCOS Zones, the hours of operation shall be controlled by the limitations listed in those specific zoning districts.