[Added 9-12-66 by Ord. No 66-8-F; amended 1-23-67 by Ord. No. 67-8-G; 9-30-74 by Ord. No. 74-8-MM]

All fences erected in the Township of East Brunswick shall be subject to the following requirements

A. A fence permit shall be issued by the Building Inspection Division for all fences, except living fences, erected in the township

B. No fence erected on or around a lot or parcel of land shall exceed six (6') feet in height except for industrially zoned properties Preconstructed fences must be installed as close to the ground as possible The total height of the fence will not include any sight undulations of the ground, provided that eighty percent (80%) of the fence does not exceed the maximum height of six (6) feet

[Amended 5-12-80 by Ord No 80-249, 5-26-81 by Ord No 81-352]

C. No fence shall be erected in a front yard of any lot in a residential zone unless the fence is less than fifty-percent solid and is no greater than four (4) feet in height, except as provided in Town Code §228-223, Site Obstructions on Corner Lots A proposed four toot fence may be more than fifty percent solid if it is set back four feet from the front property line and provides for a planted buffer which shall be installed in front of the fence at the time of installation of the fence The planted buffer shall consist of compact juniper, forsythia, compact eponymous or approved equal, subject to the approval of the Township Landscape Architect The plants are to be installed three feet on center and a minimum height of 24 inches at the time of planting

[Amended 4-22-85 by Ord No 85-656]

Fences on corner lots in residential zones may have fencing in one of the front yards up to 6 feet in height provided the fence may extend no more than half the distance between the nearest wall of the dwelling and the front property line nor may the fence extend beyond the nearest corner of the residence. A planted buffer is required

D. No fence shall be constructed with barbed wire or any other sharp pointed materials

E. All fences shall be constructed with the face, or finished side, away from the property and the structural side toward the interior

F. Fences which are painted shall be painted in only one (1) color, harmonious with the surrounding area Multicolored fences are prohibited

G. Living fences or screening shall be planted no closer than three (3) feet to the property line Living fences shall be maintained in a neatly trimmed condition

H. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall no cause surface water to be blocked or dammed to create ponding

I. Fences in the Planned Industrial Park (P-I) and Industrial/Manufacturing (I/M) zones may be no higher than eight (8) feet in height

J. For fences required around a swimming pool, see §195-12 of the Code of the Township of East Brunswick

K. Fences shall not be erected on the property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit

L. All fences in Planned Unit Residential Developments shall be prohibited except in accordance with the standards established at the time of P U R D. preliminary approval pursuant to Section 228-118.7

[Added 5-26-81 by Ord No 8l-352]

**Webmaster's Note: The previous subsection has been amended as per Ordinance No. 99-8.

[Added 1-23-67 by Ord. No. 67-8-G]

Except for single-family dwellings, all off-street parking areas shall be paved with macadam or a material of comparable quality, lined, signed and curbed with concrete curbs, and no vehicle shall park or be permitted to park on any unpaved portion of the premises All such parking lots shall be screened from adjacent residential lots by means of an evergreen hedge, masonry wall or tight-woven fence not less than four (4) nor more than six (6) feet in height

[Added 5-8-67 by Ord. No. 67-8-J; amended 9-1 1 -78 by Ord. No. 78-53; 1-11-81 by Ord. No. 81-430]

A. No private road, driveway or alley shall be constructed, installed or opened in the Township of East Brunswick without the prior approval of the applicable municipal agency, if a development application is pending before such agency, otherwise the Planning Board, whenever the road, driveway or alley is designed, intended or permits

(1) . The connection of two (2) or more public streets or rights-of-way

(2) . The passage of traffic from one (1) or more lots or parcels of land over another lot or parcel of land to a public street or right-of-way

B. Any person desiring to construct, install or open any private road, driveway or alley of the type set forth above shall file an application with the applicable Municipal Agency, accompanied by a filing fee of twenty-five dollars ($25) The appropriate Municipal Administrative Officer shall notify the applicant of the date set for the public hearing, and the applicant shall thereafter publish notice of the hearing in the official newspaper of the township at least ten (1 0) days prior to the date of the hearing and serve written notice of the hearing upon all property owners within two hundred (200) feet of the property to be affected as provided for in N J R S 40 55-44. In reviewing the application and conducting the hearing, the Board shall consider, among other things, the following items:

(1) The established traffic pattern in the area

(2) The anticipated traffic from the private road, driveway or alley

(3) The adequacy of the existing public roads to handle the anticipated traffic

(4) Any safety hazards presented by the design or configuration of the private road, driveway or alley and the public roads or rights-of-way with which ft connects or with which a intersects

(5) The alignment and grade of the road, driveway or alley, provisions for storm drainage and its effect upon surrounding drainage facilities

C.The Board shall grant the permit I a determines that the proposed private road, driveway or alley would not unreasonably interfere with the free flow of traffic, seriously overburden the existing public roads, create a drainage problem, create a safety hazard or substantially impair the intent and purpose of the zone plan and this chapter If the proposed private road, driveway or alley does not meet all of the standards set forth above, the Board shall deny the application or, where possible, grant approval on terms and conditions reasonably calculated to remedy the deficiencies or defects

D.Specifically excluded from the provisions of this section are any private roads, driveways or alleys approved by the Planning Board as part of any major subdivision or site plan approval

[Added 7-26-93 By Ord. No. 93-20]

The following standards shall apply to all cemeteries and mausoleums in the Township of East Brunswick

A.Every cemetery and mausoleum shall be required to provide an all season planted buffer area at least six feet in height and a minimum of twenty-five feet in width along common boundaries with any residentially zoned or developed property Interments, headstones, and driveways are permitted within the buffer area

B.No lighting shall spill onto adjacent property

C.Driveways shall be a minimum of twenty (20) feet wide if one way and twenty-four (24) feet wide if two way to allow vehicle parking

D.Parking for mausoleums shall be provided at one space per l75 crypts Spaces may be provided in a parking lot or as parallel spaces along the driveway aisles

[Added 10-27-71 by Ord. No. 71-8-DD]

All high voltage electrical transmission lines shall be underground Aboveground appurtenances and auxiliary facilities shall be permitted, provided that all other requirements of this chapter are complied with High voltage electrical transmission towers are prohibited

[Added 2-27-84 by Ord. No. 84-560]

A.Coin operated vending machines which are placed on public sidewalks, easements and rights-of-way shall be maintained, kept clean and painted and shall be in good working order They shall be subject to the Property Maintenance Code of the Township of East Brunswick All such machines shall be weighted and designed so as to be freestanding In no event may such machines be chained, tied and/or fastened to light poles, telephone poles, sign poles or any other fixed structure or object All coin operated newspaper machines shall be placed so as not to create a pedestrian or motor vehicle hazard or impede the safe flow of pedestrian or motor vehicle traffic No newspaper vending machine may be located within fifty (50') feet of a fire plug

B.Violations Any individual or entity which fails to comply with this Ordinance shall be mailed a notice of non-compliance at the address indicated on the business or editorial page and will be given nine (9) days to comply with the Ordinance In the event that the individual or entity responsible for the machines does not comply with the Ordinance within nine (9) days, the Township will remove the machine and contact the publisher to reclaim a If the machine has not been removed within an additional nine (9) days, the Township will dispose of a as a sees fit

[Amended 5-13-85 by Ord No 85-662]

[Added 12-22-86 by Ord. No. 86-817]

A.No new single family residential structure (excluding substantial repair or alteration) and no new multiple-family residence, school, hospital, nursing home or similar structure, or substantial modification of such existing structure requiring Planning Board or Zoning Board of Adjustment action shall be approved for construction if the exterior sound level anywhere on the site of the proposed structure is projected to be in excess of 65 dBA seq or to be in excess of 45 dBA Leq within the structure, following the estimated completion date of the structure

B.At the discretion of the Planning Board or Zoning Board of Adjustment, applicants proposing residential development within 300 feet of a noise generator, such as the New Jersey Turnpike, Route 18 or an industrial zone, may be required to submit a report certifying that the exterior and future interior sound levels will meet the criteria specified in subsection A above Such report shall contain

1 The results of measurements of the exterior sound levels and simultaneous interior sound levels of any existing structure on the property in question

2 The existing Leq sound levels including identification of the major sources of sound, for a representative sample of locations, measured in accordance with guidelines set forth in this ordinance

3 Any projected or proposed increases in sound levels which may affect the projected future Leq at any portion of the site resulting from site development changes, such as the removal of trees, earthwork, etc

4 Where applicable, plans for sound attenuation measures on the site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these measures.

All tests shall be performed for a representative duration of twenty-four (24) consecutive hours All proposed lots and structures thereon which are part of the development application shall be subject to the aforementioned tests This report shall be prepared by a licensed professional engineer or by an independent testing agency, either of which shall submit a resume indicating extensive experience in the acoustical field to the appropriate agency for approval

In addition, the Township may conduct such inspections and measurements as are necessary to ensure the accuracy of any report submitted pursuant to subsection B and to ascertain compliance with this section These may include on-site inspections by the Township or by a certified independent testing agency during the course of construction and/or prior to issuance of a certificate of occupancy

C.If sound level reports, indicate sound levels exceeding those set forth in Subsection A, development approval shall be withheld

1 Necessary standard sound attenuation devices, such as berms, barriers, landscape plantings, design and placement structures, insulation, etc may be utilized to achieve the required sound levels. Such methods of sound attenuations must be specifically approved by the reviewing body In reviewing such methods, the reviewing body shall consider environment, aesthetics, quality of life, engineering standards, maintenance problems and maintenance costs

2 Cluster developments shall be encouraged in situations where a noise generating source is within 300 feet Only 75 percent of the land area where Leq is in excess of 65 dBA may be counted towards density in a cluster subdivision

3 No residential lot lines shall encroach upon any area where Leq is 65 dBA or greater

4 Except as provided in Subsection D, no land shall be designated or approved for construction or use as a public or private exterior recreational area, including, but not limited to, playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts, and swimming pools, if the exterior sound level from external sources anywhere on the site of the proposed recreational area is projected to be in excess of 65 dBA Leq now, or as the result of proposed construction or development on the site Appropriate means of sound attenuation, such as berms, barriers, or buildings, at the perimeter of, or elsewhere on the site, may be utilized to achieve the required sound level Such methods of sound attenuations must be specifically approved by the reviewing body In reviewing such methods, the reviewing body shall consider environment, aesthetics, quality of engineering standards, maintenance problems and maintenance costs

D.Upon completion of the necessary remedial work, a revised sound level report as indicated in Subsection A shall be submitted Once the sound levels have been reduced to the acceptable standards set forth in Subsection A, development approval may be issued

This section shall not prohibit the designation or approval of any green bell or open space in any area in which the sound level exceed 65 dBA Leq regardless of whether such green belt or open space is open to public use, provided that no recreational improvement or facility is constructed thereon

E.As a condition of approval, the Planning Board or Zoning Board of Adjustment shall require the submission of future certified reports prior to the issuance of certificates of occupancy to verify that the condition in Section 5b has been met These reports shall contain, at a minimum, twenty-four (24) hours of sound testing in the bedroom to determine that the Leq is below the levels established in Section 5b, except that the permissible interior night levels shall be reduced an additional ten (10) decibels

F.Upon issuance of a certificate of occupancy and the transfer of the property by deed, the property owner of record shall become responsible for the maintenance of all sound attenuation devices on that property

The developer shall attach to all contracts of sale a map which designates all areas within the development where noise levels exceed 65 dBA Leq The lot subject to sale shall be clearly delineated Such map shall be approved by the Township Engineer

G.For the purposes of this section, all measurements and designations of sound levels shall be expressed a percentile of Leq sound pressure levels unless the Township specifically approves an alternate

All measurements to determine if sound is within the levels set forth herein shall be carried out utilizing a sound level meter which meets the specifications established by ANSI

A. Purpose to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss erosion excessive stormwater runoff, the dewradation of surface water and to maintain the natural topography and drainage patterns of land. The requirements set forth in this Ordinance are consistent with those found in the State of New Jersey's Water Quality Management Planning rule (N.J.A.C. 7:15).

B.Background--disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of waterbodies with the associated degradation of water quality and loss of aquatic life support Related effects include soil loss changes in natural topography and drainage patterns increased flooding potential, further fragmentation of forest and habitat areas and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.

C.Applicability--this ordinance shall be applicable to new development or land disturbance on a steep slope within East Brunswick Township.

D. Definitions Applicable to Steep Slope Ordinance

DISTURBANCE - the placement of impervious surface the exposure or movement of soil or bedrock or the clearing cutting a or removing of vegetation.

IMPERVIOUS SURFACE - any structure, surface or improvement that reduces or prevents absorption of stormwater into land and includes porous paving, payer blocks gravel crushed stone decks patios elevated structures, and other similar structures, surfaces, or improvements.

REDEVELOPMENT - the construction of structures or improvements on areas which previously contained structures or other improvements.

STEEP SLOPES - any slope equal to or greater than 20 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.

E. Designation of Areas--the percent of slope (rise in feet per horizontal distance shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15 percent slope; a two-foot rise over a 10-foot horizontal run constitutes a 20 percent slope.

F. Steep Slope Limits-for steep slopes any disturbance shall be prohibited except as provided below:

1. Redevelopment within the limits of existing impervious surfaces, and

2. New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site: to prevent extraordinary hardship on the property owner peculiar to the property, or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair.

The applicant shall demonstrate through site plans depicting -proposed development and topography that new disturbance is not located in areas with a 20 percent or greater slope.

G. Conflicts and Severability

1. Conflicts: All other ordinances,, parts of ordinances, or other local requirements that are inconsistent or in conflict with this ordinance are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this ordinance apply

2. Severability:

a. This Ordinance shall be so construed as not to conflict with any provision of New Jersey or Federal law.

b. Notwithstanding that any provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the Ordinance shall continue to be of full force and effect.

c The provisions of this Ordinance shall be cumulative with, and not in substitution for all other applicable zoning,__planning and land use regulations.

H. Enforcement, Violation and Penalties

A.prompt investigation shall be made by the appropriate personnel of East Brunswick Township of any person or entity believed to be in violation hereof. If, upon inspection a condition which is in violation of this Ordinance is discovered a civil action in the Special Civil Part of the Superior Court, or in the Superior Court if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process Nothing in this Ordinance shall be construed to preclude the right of East Brunswick Township Pursuant to N.J.S.A 26:3A2-25 to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this Ordinance shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this Ordinance Each day a violation continues shall be considered a separate offense.

Violations and penalties enumerated in § 228-265 shall be applicable to the enforcement of this Ordinance.

I. Effective Date -this Ordinance shall take effect upon final adoption and publication in accordance with the law.

**Webmasters Note: § 228-229.3 has been added by Ordinance No. 11-08, effective May 9, 2011.