A.
In recognition of the fact that certain necessary
uses and operations may be, or may become, inimical to the health,
safety and general welfare of the public, if located without special
consideration of their relationship with and effect upon the surrounding
area and uses therein, procedures and regulations are hereby established
for conditional use permits to be granted as a conditional exception
to certain provisions of this chapter as provided under N.J.S.A. 40:55D-67.
The following standards and requirements are hereby established as
minimum requirements supplementary to all other requirements of this
chapter pertaining to performance standards, off-street parking facilities,
signs, fences, and buffers.
(1)
Application for any conditional use permit as provided
in this chapter shall be made to the Planning Board.
(2)
Upon hearing and considering the matter, the reviewing
board may direct the Zoning Officer and the Construction Official
to issue conditional use and building permits, if in its judgment
any one of such cases will not be detrimental to the health, safety,
and general welfare of the Township and is deemed necessary for its
convenience may be permitted in specified zones only upon receipt
of a conditional use permit, and provided that the following standards
are met, together with any other requirements deemed necessary by
the Planning Board and any other applicable requirements of this chapter.
B.
Reinspection of premises. In such instances where
conditional use permits have been issued, the Township reserves the
right to reinspect the premises for which such conditional use permit
has been granted through its Zoning Officer at such times as it may
deem necessary.
C.
The Planning Board shall grant or deny an application
for a conditional use within 95 days of the date upon which the application
is deemed complete or within such further time as may be consented
to by the applicant.
(1)
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Articles V and VI (§ 190-31 et seq.) of this chapter. The time period for action by the Planning Board on conditional uses pursuant to Subsection A of this subsection shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required, in the case of a subdivision,
or in the case of a site plan, the Township reviewing board shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board by its failure
to report thereon within the required time period.
Swim clubs as defined by this chapter may be
permitted in specified residential zones only upon receipt of a conditional
use permit, and provided that the following standards are met, together
with any other requirements deemed necessary by the Planning Board,
and any other applicable requirements of the chapter:
A.
The standards of the Board of Health and any other
Township or state agency established for the regulation of swimming
pools and swimming clubs shall be complied with.
B.
No swim club shall be located on a site having an
area of less than five acres and a minimum street frontage of 300
feet.
C.
No swimming pool, sun deck, dressing room, or other
structure shall be located closer than 75 feet to any property line.
D.
A swim club site shall have direct access onto an
existing or proposed secondary arterial or major collector road as
indicated on the Township Master Plan, as amended.
Public or private schools including colleges
may be permitted in specified zones only upon receipt of a conditional
use permit, and provided that the following standards are met, together
with any other requirements deemed necessary by the Planning Board
and any other applicable requirements of this chapter:
A.
The school shall be approved by the New Jersey Department
of Education.
B.
A school site shall have direct access onto an existing
or proposed secondary arterial or collector road as indicated on the
Township Master Plan, as amended.
C.
The minimum lot area for an elementary school shall
be five acres plus one additional acre for each 100 pupils.
D.
The minimum lot area for all other schools shall be
10 acres plus one additional acre for each 100 pupils.
E.
The minimum street frontage shall be 500 feet.
F.
No building shall be located nearer than 100 feet
to any property line.
[Amended 9-25-2007 by Ord. No. O-07-25; 6-17-2008 by Ord. No. O-08-11]
Houses of worship shall be permitted in any
residential zone upon receipt of a conditional use permit and provided
that the following standards are met, together with any other requirements
deemed necessary by the Planning Board and any other applicable requirements
of this chapter:
A.
The minimum area shall be three acres and a minimum
frontage shall be 250 feet with one-hundred-foot front setback, seventy-five-foot
side yards and seventy-five-foot rear yard.
B.
The site shall have direct access to a street classified
as a minor arterial, major collector, minor collector or collector
street in the Township Master Plan, as amended.
C.
Maximum building coverage for all buildings shall
be 20%.
D.
Maximum impervious surface coverage shall be 40%.
[Amended 12-27-2005 by Ord. No. O-05-48]
Golf courses and country clubs shall be a permitted
use in the R-25 Zone, R-E Zone, R-R Zone and the R-40 Zone, subject
to site plan approval by the Planning Board of the Township, and provided
that the following standards are met, together with any other requirements
deemed necessary by the Planning Board and any other applicable requirements
of this chapter:
A.
The site shall comprise a minimum of 50 acres and
shall provide as a minimum a nine hole regulation golf link with a
minimum playing distance of 2,500 yards from the first tee to the
last green.
B.
The operation of the golf course shall be restricted
to daylight hours and shall not include what are commonly known as
golf driving ranges, miniature golf courses, or pitch-and-putt golf
courses, par-three courses.
C.
The site shall have direct access to a road classified
as a secondary arterial, major collector road or minor collector road
by the Township Master Plan, as amended.
D.
No building shall be erected nearer than 100 feet
to any property line.
E.
The operation may include, in addition to a clubhouse
and other buildings normally accessory to a golf course operation,
a restaurant which may be operated under the same ownership and management
as the golf course.
F.
The design and location of any restaurant constructed
in conjunction with a golf course shall be such that the restaurant
will blend harmoniously with the golf course and the area in which
the golf course is situated.
G.
No restaurant shall be opened for operation prior
to the completion of the construction of the golf course.
[Added 3-17-2009 by Ord. No. O-09-3]
Car wash facilities as defined by the North American Industrial
Classification System and classified as NAICS 811192 restricted may
be permitted in the CMX-3 Zone District only upon receipt of a conditional
use permit, provided that:
B.
The following conditions are met, together with any other applicable
requirements of this chapter and other chapters of the Code of Freehold
Township:
(1)
The car wash facility shall be constructed as a masonry building designed of the same facade material as other buildings located on site, provided that the building meets the design standards of § 190-114, Architectural design requirements for commercial, office and industrial development.
(2)
The car wash facility shall be located a minimum of 400 feet
from a public street and any residential property.
(3)
The car wash facility shall be located a minimum of 100 feet
from any public building, house of worship or building utilized for
public assembly and from any office building or potential office building
based upon minimum building setback requirements. (As an example,
if an existing building has a required rear or side yard setback of
50 feet from the property line, the car wash facility would be required
to be set back 50 feet from the coterminous property line. If a vacant
property exists adjacent to the car wash facility property which permits
office uses and a twenty-five-foot rear or side yard setback, the
car wash would be required to be set back 75 feet from the applicable
property line or lines.)
(4)
A drive-through car wash facility shall provide a stacking area
sufficient for not fewer than 15 automobiles or that number of vehicles
capable of being processed during a 1/2 hour period, whichever is
greater. A space of nine feet by 18 feet shall be deemed adequate
for each required space. Stacking of automobiles shall not be permitted
in the public right-of-way or any area designated as a driveway or
fire access lane.
(5)
No part of the areas required herein for stacking and bypass
lanes in connection with a car wash facility or for exiting from the
car wash facility to the street shall be blocked or used for any other
purpose, except that a bypass lane may accommodate other through traffic
on the lot.
(6)
The car wash building shall be self-contained to the greatest
extent feasible, and all fans, blowers, dryers, vacuums and other
mechanical equipment shall be located on the side of the building
not facing any public building, residence or office building. Vacuuming
facilities outside the building may not be located in any required
yard area.
(7)
Adequate provision shall be made to prevent excessive noise
from emanating from the facility. The sound produced by any mechanical
equipment involved in the operation of a car washing facility shall
not exceed 75 dB(A) when measured next to an adjacent residential
district or other noncommercial use or 80 dB(A) when measured in or
adjacent to any commercial district.
(8)
A drying cycle or hand-drying of vehicles shall be provided
as a mandatory component of the car wash service, and heated pads
and drainage grates shall be placed at or near each exit from an automatic
car wash facility to reduce the potential for icing on the site and
on public streets.
(9)
Water conservation and water recycling methods shall be utilized
such that at least 80% of the water used in the washing/rinsing of
a vehicle is recycled.
(10)
All discharge of water used in the washing of vehicles shall
be to the sanitary sewerage system and not into any storm sewer or
detention system. The proposed connection to the sanitary sewer connection
shall be submitted to and approved by the Water and Sewer Utility
Engineer.
(11)
Parking spaces. A minimum of three spaces or one space for each
employee on a maximum shift, whichever is greater, is required. If
a car wash facility includes detailing, one additional parking space
shall be provided for each detailing station.
(12)
Car wash systems employing high-pressure sprays shall:
(a)
Include building drains sized to accept 200% of maximum water
flow and shall discharge into enclosed piping connected to the recycling
facility equipment prior to discharge to the sanitary sewer system.
(b)
Be arranged as to contain all spray within the car wash structure.
(c)
Have exit aprons equipped with grate drains and pitched for
a minimum of 20 feet toward the car wash structure at a gradient of
at least 1/4 inch per foot.
(13)
An application for a car wash facility shall include the following
information with the application:
(a)
A recycling system for all wash water, rinse water and wastewater
acceptable to the Planning Board, Water and Sewer Utility Departments
and Township Engineer. No car wash shall be permitted which does not
contain, within an integral part of the car wash equipment and facility,
an acceptable water recycling system.
(b)
Complete details, including the volumes of wash water, rinse
water and wastewater recovered and recycled from the system, the total
volume of water, in gallons, used in the car wash process, the type
of car wash detergent and chemicals used and a completed detailed
plan of the automatic car wash operation, shall be provided. The applicant
must document the system demands and recycling capabilities to demonstrate
that the system recycles over 80% of water used in the vehicle washing
procedure.
(c)
The method(s) for removal of contaminants, including but not
limited to grease, oil, solvents or flammable liquids, shall be provided.
The location of processed discharge wastewater into the sanitary sewer
system must be provided.
(d)
The proposed hours of operation during the week and on weekends.
(14)
The facility shall provide a suitable meter on the recycling
system effluent line to allow the Township to monitor compliance with
recycling requirements. Water and sewer connection fees shall be based
on the prevailing Township connection fees per equivalent unit (EU)
as developed by the proposed facility based on the maximum capacity
(washes per hour) of the facility for the maximum proposed daily hours
of operation (whether occurring on a weekday or weekend) times the
net loss of water to the sanitary sewer connection per vehicle following
all recycling procedures, plus 15 gallons per day per employee, inclusive
of hand-drying staff.
[1]
Editor’s Note: Former § 190-196,
Golf training centers, was repealed 11-29-2005 by Ord. No. O-05-39.
[Amended 5-28-2013 by Ord. No. O-13-16]
Gasoline filling stations provided that the
following standards are met, together with any other applicable requirements
of this chapter:
A.
The minimum site area shall be 80,000 square feet.
B.
The minimum street frontage shall be 150 feet.
C.
No gasoline filling station shall be located closer
than 3,000 feet to any other gasoline filling station. The distance
shall be measured between the property lines of the respective sides.
D.
No pits, racks, or lifts shall be permitted out of
doors nor shall any repair work be performed out of doors.
E.
Gasoline pumps shall be located at least 30 feet from
any property line.
F.
All fuel oil, or similar volatile substances shall
be stored as per National Fire Prevention Association standards.
G.
No ingress or egress drives shall be located closer
than 50 feet to any street intersection nor closer than 30 feet to
any other drive on the same site or any other property. Such ingress
and egress drives shall have a width of at least 20 feet, but not
more than 30 feet.
H.
No paved area other than an ingress or egress drive
may be located within 10 feet of any property line.
I.
All unpaved areas of the site shall be graded and
planted with grass, shrubs, trees or other suitable landscaping material.
J.
No building shall be erected nearer than 50 feet to
any street line nor nearer than 20 feet to any side or rear property
line.
K.
Only those items necessary and related to the operation
of a motor vehicle or dispensed from vending machines shall be sold
from gasoline filling stations.
[Added 2-26-2013 by Ord. No. O-13-5]
Gasoline filling stations with a convenience store, provided
that the following standards are met, together with any applicable
requirements of this chapter:
A.
The minimum site area shall be three acres.
B.
The minimum street frontage shall be 300 feet. On corner lots, the
street frontage on the primary roadway shall be 300 feet and on the
secondary roadway the street frontage shall be 200 feet.
C.
No pits, racks, or lifts shall be permitted out of doors, nor shall
any repair work be performed out of doors.
D.
Gasoline pumps shall be located at least 50 feet from any property
line.
E.
All fuel, oil, or similar volatile substances shall be stored as
per National Fire Prevention Association standards.
F.
No ingress or egress drives shall be located closer than 50 feet
to any street intersection nor closer than 30 feet to any other drive
on the same site or any other property. Such ingress and egress drives
shall have a width of at least 20 feet but not more than 30 feet.
G.
No paved area, other than an ingress or egress drive, may be located
within 10 feet of any property line.
H.
All unpaved areas of the site shall be graded and planted with grass,
shrubs, trees or other suitable landscaping material.
I.
No building shall be erected nearer than 100 feet to any street line,
and no structure including canopies shall be erected nearer than 50
feet to any front, side or rear property line.
J.
Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
K.
The sale, rental or lease of new or used vehicles shall be prohibited.
L.
There shall be no drive-through facilities associated with the convenience
store.
M.
Outdoor solid waste disposal containers and dumpsters shall be contained
within masonry structures with the same fascia material as the convenience
store or gas station building.
N.
Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or antifreeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack.
O.
Convenience stores shall be permitted, provided that:
(1)
They contain not less than 2,000 square feet and not more than
5,000 square feet of gross floor area;
(2)
Parking space is provided for each 100 square feet of floor
area devoted to the convenience store.
(3)
Parking and pedestrian circulation for the handicapped shall
conform with the Americans with Disabilities Act; and
(4)
The location and access to the convenience store does not impede
or interfere with vehicular and pedestrian circulation to and from
fuel pumps.
P.
Any gasoline filling station, gasoline service station, gasoline filling stations with convenience stores dispensing gasoline and diesel fuel to the public shall have an appropriately sized emergency standby generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signs in the event of power outage for at least 18 hours. Separate convenience store facilities need not have an emergency standby generator system, to the extent that the facilities set forth herein have such a system.
[Added 7-23-2019 by Ord. No. O-19-12]
Veteran and service organization facilities
are permitted upon issuance of a conditional use permit and compliance
with the following standards, together with any other requirement
deemed necessary by the Planning Board:
A.
Campgrounds may be permitted in specified zones only
upon receipt of a conditional use permit and provided that the following
standards are met, together with any other requirements deemed necessary
by the Planning Board and any other applicable requirements of this
chapter:
B.
The minimum site area for a campground shall be 25
acres.
C.
No campsite within a campground shall be closer than
50 feet from a property line.
D.
Each campsite (including the parking space) within
a campground shall provide a minimum of 2,500 square feet of space.
E.
Interior roads shall be built to design specifications
approved by the Planning Board depending on specific site characteristics;
one-way interior roads shall have a minimum graded width of 15 feet.
F.
An adequate supply of potable water, capable of supplying
a total capacity of at least 100 gallons per campsite per day; water
closets shall be provided at one or more locations in every campground.
G.
The water points shall be convenient of access and
shall be located not farther than 300 feet from any campsite upon
which any tent is established therein; water shall be located on each
and every site whereupon a camping vehicle is established, and electrical
service shall be provided within 50 feet of any campsite wherein a
camping vehicle is established.
H.
No ingress or egress drives shall be located closer
than 50 feet to any street intersection nor closer than 30 feet to
any other drive on the same site or any other property. Such ingress
and egress drives shall have a width of at least 20 feet, but not
more than 30 feet.
I.
No paved area other than an ingress or egress drive
may be located within 10 feet of any property line.
J.
No building shall be erected nearer than 65 feet to
any street line or side or rear property line.
K.
The site shall have direct access to a road classified
as a secondary arterial or major collector road by the Township Master
Plan, as amended.
L.
No campground shall be located nearer than 2,000 feet
from any other campground property line to property line.
M.
No campground shall be permitted which is not, or
cannot be, adequately screened from adjacent properties by vegetation
and or terrain.
N.
At least two public telephones shall be provided in
the campground.
O.
Issuance of a grant of approval is required for all
facilities by the State Department of Health.
[Amended 9-25-2007 by Ord. No. O-07-25; 3-27-2012 by Ord. No.
O-12-4; 12-22-2015 by Ord. No. O-15-26]
Adult bookstores, adult motion-picture theaters,
body painting studios, exotic dance or strip clubs, modeling shops
and tattoo shops may be permitted in the specified zones only upon
receipt of a conditional use permit and provided that the following
standards are met, together with any other requirement deemed necessary
by the Planning Board and any other applicable requirements of this
chapter:
A.
No establishment or business with a use encompassing
those encaptioned above shall be located closer than 3,000 feet to
any school, hospital, house of worship, library, or public building.
B.
No establishment or business with a use encompassing
those encaptioned above shall be located closer than 3,000 feet to
any adult bookstore, adult motion-picture theater, body painting studio,
exotic dance or strip club, modeling studio or tattoo shop.
C.
No establishment or business with a use encompassing
those encaptioned above shall be located closer than 2,000 feet to
an area zoned for residential use or business commercial use.
D.
When any existing building is converted from any use
to one of those listed above under the general term "adult uses,"
then, in that event, a full and complete site plan shall be submitted
and reviewed in accordance with the provisions of this chapter.
A.
Cemeteries may be permitted in specified zones only
upon receipt of a conditional use permit, provided that the following
standards are met together with any other requirements deemed necessary
by the Planning Board and any other applicable requirements of this
chapter:
(1)
Applicant shall possess a current certificate of authority
issued pursuant to N.J.S.A. 45:27-1 et seq., New Jersey Cemetery Act
of 2003, and shall be in full compliance with the provisions of N.J.A.C.
3:40-1.5 et seq.
(2)
Grave sites shall be set back a minimum of 100 feet
from any street line and 50 feet from all other property lines.
(3)
Principal and/or accessory structures, including mausoleums,
shall be set back a minimum of 200 feet from all property lines.
(4)
Parking requirements shall be determined by the Planning
Board and no parking shall be located closer than 100 feet to any
street line.
B.
The location and operation of existing cemeteries
are hereby recognized and ratified. Any additions thereto, however,
are subject to the provisions of this chapter.
[Amended 12-27-2005 by Ord. No. O-05-48]
Cluster residential development shall be permitted
in the R-R and R-E Zones only upon receipt of a conditional use permit
and provided that the following standards are met, together with any
other requirements deemed necessary by the Planning Board to achieve
the purposes of the RR Rural Residential and R-E Rural-Environmental
Zones:
A.
The minimum lot area shall be 50 acres.
B.
A lot yield map shall be prepared in accordance with
the requirements of the RR or R-E Zone to determine the number of
lots permitted under the applicable zone regulations.
C.
Permitted single-family residences may be developed
in accordance with the following standards:
(1)
Minimum lot area: R-E Zone, three acres; RR Zone,
three acres.
(2)
Minimum lot width and frontage: R-E Zone, 300 feet;
RR Zone, 250 feet.
(3)
Minimum lot depth: R-E Zone, 500 feet; RR Zone, 250
feet.
(5)
Floor area ratio: 0.05.
(6)
Maximum building height: 35 feet and 2 1/2 stories.
(8)
Minimum developable area. All buildings and on-site
septic systems shall be located within a developable lot area of not
less than two acres in the R-E Zone and two acres in the RR Zone and
shall be located within an area that can be circumscribed by a circle
not less than 150 feet in diameter. Developable lot area shall not
include land that is within an existing one-hundred-year floodplain,
land that is located within an area designated as freshwater wetlands
by the NJDEP or U.S. Army Corps or Engineers, land designated as a
wetlands transition area by the NJDEP, land which has slopes of 12%
or greater, or land which has a seasonable depth to seasonal high-water
table of 48 inches or less.
D.
All cluster developments shall provide a minimum of
40% of the total tract area for permanent open space through permanent
conservation easements, dedication to Freehold Township, the County
of Monmouth and/or the New Jersey Department of Environmental Protection.
E.
The proposed dedicated open space area must be contiguous
to open space owned by Freehold Township, the County of Monmouth and/or
the New Jersey Department of Environmental Protection and/or will
be accepted by one or more of these agencies.
[Added 2-26-2013 by Ord. No. O-13-5]
Cluster residential development shall be permitted in the R-40
Zone only upon receipt of a conditional use permit and provided that
the following standards are met:
A.
The minimum lot area shall be 50 acres.
B.
A lot yield map shall be prepared in accordance with the requirements
of the R-40 Zone to determine the number of lots permitted under the
applicable zone regulations.
C.
Permitted single-family residences may be developed in accordance
with the following standards:
(1)
Minimum lot area: 30,000 square feet.
(2)
Maximum gross density (du/ac): 0.9.
(3)
Minimum lot width and frontage: 125 feet.
(4)
Minimum lot depth: 150 feet.
(6)
Floor area ratio: 0.12.
(7)
Maximum building height: 35 feet and 2 1/2 stories.
(8)
Scenic corridor buffer: 35 feet.
(10)
Developable lot area shall not include land that is within an
existing one-hundred-year floodplain, land that is located within
an area designated as freshwater wetlands by the NJDEP, land designated
as a wetlands transition area by the NJDEP, land which has slopes
of 12% or greater, and land which has a seasonable depth to seasonal
high-water table of 48 inches or less.
D.
All cluster developments shall provide a minimum of 40% of the total
tract area for permanent open space through permanent conservation
easements and/or dedication to Freehold Township or the County of
Monmouth.
[Added 8-28-2012 by Ord. No. O-12-18; amended 2-26-2013 by Ord. No.
O-13-5]
Planned commercial development is permitted upon issuance of
a conditional use permit, in compliance with the following standards:
A.
Minimum lot area: four acres.
B.
Minimum frontage on a minor arterial roadway: 350 feet.
C.
Planted buffer adjacent to residential development: 35 feet.
D.
Planted buffer adjacent to nonresidential development: 15 feet.
E.
Front setback: 75 feet.
F.
Rear setback: 35 feet.
G.
Side yard: 50 feet.
H.
Minimum floor area per commercial use: 3,000 square feet; provided,
however, that the minimum floor area per commercial use may be reduced
to 1,500 square feet, provided that the facade of the building includes
articulated setbacks of a minimum of five feet for every 100 feet
of facade and the architectural features of the front facade shall
give the appearance of separate buildings for every 200 feet of building
facade frontage.
[1]
Editor's Note: Former § 190-203, Life care and senior
resident facilities, was repealed 12-8-2009 by Ord. No. O-09-32.
[Amended 6-22-2004 by Ord. No. O-04-23]
Motels and hotels, motor hotels, and similar
commercial establishments providing transient lodging or lodging and
meals for the general public may be permitted by this chapter in specified
districts only upon receipt of a conditional use permit and provided
that the following special design standards and conditions established
herein are met:
A.
Purpose. Hotels and motels require special location
and design standards to ensure compatibility of this type of use with
its immediate surrounding uses.
B.
Special design standard and conditions. The following
special design standards and conditions shall be provided:
(1)
A motel, hotel or motor lodge shall provide a minimum
of 100 guest sleeping bedrooms.
(2)
The minimum site area shall be four acres.
(3)
The minimum street frontage shall be 300 feet.
(4)
A minimum planted buffer of 25 feet shall be provided
between the hotel/motel use and rear and side yard lines of nonresidential
zones and 50 feet adjacent to residential uses within residential
zones. Such buffers shall be planted of conifers and other plant materials
so as to create a visual barrier to hotel and motel rooms, pools and
exterior patios, and other meeting or public congregation areas.
(5)
A fire safety plan for evacuation of motel/hotel guests
shall be submitted to the Planning Board and Fire Prevention Bureau
for review and approval.
(6)
A security plan shall be submitted to the Planning
Board and Chief of Police for review and approval.
(7)
Architectural plans shall be provided incorporating
sound, light and visual protection plans for lodging areas. Elevations
and architectural details shall show the type of structure(s), facade
design and exterior fabric material and design compatibility with
area structures.
(8)
Access to all guest rooms shall be from interior hallways.
No guest rooms shall access directly to the outside of the building.
[Added 8-23-2005 by Ord. No. O-05-26]
C.
A motel or hotel site that has a minimum of four or
more acres may include one freestanding building that may include
one or more restaurant, coffee shop, bagel shop or other prepared
food establishment, provided that the freestanding restaurant and/or
food service facility shall have a minimum combined floor area of
5,000 square feet but not more than 10,000 square feet, and further
provided that there shall be not less than 1,500 square feet for each
food service vendor and that no drive-through service shall be permitted.
Any freestanding building shall be located at or near the frontage
on the arterial or major collector street, shall provide parking that
does not impair the parking required for the hotel or motel, and its
exterior facade shall be designed with the same or compatible building
facade materials as the hotel or motel in accordance with the architectural
standards for commercial uses within this chapter.
D.
Motels and hotels within the CMX-3 Zone shall have
a floor area ratio (FAR) that shall not exceed 0.20. Motel and hotel
buildings shall not exceed 45 feet and three stories in height, provided
that any three-story structure or three-story portion of any structure
shall have a minimum setback of 100 feet from any rear or side yard
line that abuts a residential zone.
E.
Upon preliminary and final site plan approval for
a hotel or motel use that includes other permitted or conditional
uses on the same property, a subdivision of the property may be approved
in conjunction with final site plan approval conditioned upon the
approved hotel or motel use obtaining building permits and initiation
of construction on the property, provided that the hotel or motel
lot shall be not less than four acres in area, and further provided
that any lots subdivided for any other permitted or conditional uses
shall not be less than three acres in area.
A.
Supportive care housing for low- and moderate-income
senior citizens and the handicapped may be permitted by this chapter
in the R-40 Zone District only upon receipt of a conditional use permit,
provided that the following conditions established herein are complied
with:
B.
The purpose of the supportive care housing for senior
citizens and the handicapped is to provide for the special needs of
low- and moderate-income senior citizens and the handicapped within
R-40 Residential Zone District in accordance with the Freehold Township
Fair Housing Plan. Due to the unique requirements of senior citizens
and physically handicapped individuals, supportive care housing facilities
can require greater height, less parking, ancillary maintenance and
support facilities and special design standards not normally associated
with single-family dwellings permitted in the R-40 Residential Zone
District or with conventional for multifamily housing permitted in
other residential zone districts within Freehold Township. Special
design standards include building setbacks, buffers, screening, fire
safety, security, aesthetics, parking standards, building setbacks,
density and floor area ratio standards as follows:
(1)
Minimum tract size shall be 200 acres and minimum
buildable development area shall be 40 acres. In calculating the minimum
tract size, contiguous areas of the tract located within a R-R Zone
District may be included as part of the tract area. Areas dedicated
or to be dedicated for conservation purposes may be considered in
calculating the minimum tract size even though held in the name of
a different entity, provided that the area was part of the lot on
the date of the passage of this section amendment and restricted for
conservation and against further development.
(2)
The minimum street frontage on a collector or arterial
roadway according to the Freehold Township Master Plan shall be 500
feet.
(3)
In addition to the primary access drive, a minimum
of one additional and separate emergency access road shall be provided
to the project site. The secondary access or emergency road shall
be capable of two-way traffic for emergency vehicles including ladder
and platform fire equipment in accordance with Township roadway design
standards and requirements of the Township Engineer, and requirements
of the Bureau of Fire Prevention for safety and emergency access.
(4)
A planted buffer strip a minimum of 25 feet in width
shall be required at the perimeter of the supportive care housing
facility development area adjacent to existing developable residential
zone districts. Existing natural vegetation shall be utilized to the
greatest extent feasible and shall be supplemented where required
with evergreen plant materials in accordance with a landscape plan
to be approved by the Planning Board.
(5)
A fire safety plan shall be submitted to the Planning
Board. The Board shall forward same to the Fire Prevention Bureau
for review and recommendations to the Board.
(6)
A security plan shall be submitted to the Planning
Board. The Board shall forward same to the Police Chief for review
and recommendations to the Board.
(7)
All buildings 35 feet or less shall be located a minimum
of 200 feet from the arterial or collector roadway and 50 feet from
the perimeter of the remainder of development area. Buildings greater
than 35 feet in height but not to exceed 60 feet or five stories in
height shall be located a minimum of 200 feet from any public roadway
and not less than 100 feet from any residential property line.
(8)
Parking spaces shall be provided at the rate of 1/4
space per dwelling unit plus one space for each employee on the maximum
shift.
(9)
Supportive care housing structures shall be designed
to minimum standards for congregate care facilities as established
by the New Jersey Housing Mortgage Finance Agency and the New Jersey
Council on Affordable Housing Regulations.
(10)
The maximum number of units shall be 500.
(11)
Maximum building coverage shall not exceed 25%
of the development area.
(12)
Maximum impervious surface coverage shall not
exceed 35% of the development area.
(13)
The maximum floor area ratio shall be 0.50 of
the development area.
A.
Antennas and towers that are not municipal facilities. Wireless telecommunications towers and antennas that are not municipal facilities (see § 190-169) may be conditionally permitted on nonmunicipal property in the M-1 Industrial Zone upon submission and approval of a site plan and conditional use permit in accordance with the regulations set forth below:
B.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
Towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend them into the natural setting
and surrounding buildings.
(3)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
C.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
D.
State and federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the authority
to regulate towers and antennas.
E.
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in Freehold Township irrespective of municipal and county
jurisdictional boundaries.
F.
G.
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the municipal
agency that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the municipal agency related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
(1)
No existing towers or structures are located within
the geographic area that meets an applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
H.
Minimum required setback. The following minimum setback
requirements shall apply:
(1)
Towers must be set back a distance equal to at least
100% of the height of the tower from any adjoining lot line, but in
no event shall the tower be located in the minimum required yard area
or buffer area of the zone district.
(2)
Guy wires and accessory buildings must satisfy the
minimum zoning district setback and buffer requirements.
I.
Minimum separation requirement between uses. The following
separation requirements shall apply:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection I(2) below, except as otherwise provided.
(b)
Towers shall maintain a separation distance
of 200 feet or 300% of the tower height, whichever is greater, from
residential dwelling units or from lands zoned for residential use.
(2)
Separation distances between towers. Separation distances
between towers shall be applicable for and measured between the proposed
tower and preexisting towers or other proposed towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant
to a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below in the table of required separation
distances between towers.
|
Required Separation Distances
Between Wireless Communications Towers
(in linear feet)
|
|
Monopole
| ||||
|---|---|---|---|---|
|
Tower Type
|
Lattice
|
Guyed
|
75 Feet in Height or Greater
|
Less than 75 Feet in Height
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole: 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole: Less than 75 feet in height
|
750
|
750
|
750
|
750
|
J.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
200 square feet of gross floor area or 10 feet in height, shall be
located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(2)
Antennas located on towers, utility poles, or light
poles. The related unmanned equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height, and shall be located in accordance with the minimum yard
and buffer requirements of the zoning district in which located and
shall be screened from view of all residential properties.[2]
A.
Purpose. Day-care facilities for infants and children
may be permitted in specified zones only upon receipt of a conditional
use permit and provided that the following standards are met together
with any other requirement deemed necessary by the board to ensure
that the health, safety and welfare of the children are protected
and maintained.
B.
Day-care facilities shall be licensed by the New Jersey
Department of Human Services in accordance with N.J.S.A. 40:55D-66.4
and 40:55D-66.5.
C.
Day-care facilities shall be incorporated into a principal
use structure, except that for hospital facilities requiring a certificate
of need, a freestanding day-care facility may be provided as an ancillary
use on the same site as the main hospital facility. In other zones
where day-care facilities are allowed as a conditional use, temporary
day-care facilities for periods of not more than three years may be
provided where the minimum size of the building is no less than 2,500
square feet upon such conditions and with such assurances as the Planning
Board may require to insure that the facility will be used only on
a temporary basis. Day-care facilities shall provide adequate parking
and pickup/dropoff areas.
D.
Outdoor recreation space, tot lot equipment and play
areas shall be fenced and landscaped.
Pool or billiard parlors may be permitted in
the specified zones only upon receipt of a conditional use permit
and providing that the following standards are met together with any
other applicable requirements of the ordinances of the Township of
Freehold:
B.
Area. The premises in which the pool or billiard parlor
is to be located must have at least 397 square feet of floor area
per table up to 10 tables; for each table over 10, there must be at
least 390 square feet of floor area per table. Such floor area shall
be exclusively devoted to the table, the free unobstructed area to
be maintained around the table, aisleways and seating capacity for
spectators. The foregoing area requirement is independent of areas
devoted to rest rooms, supply rooms, offices or foyers and the like.
C.
Location. All premises housing a pool or billiard
parlor shall be on the street floor of any building and shall be so
arranged and lighted so that a full view of the interior where all
the pool or billiard tables are located may be had from the public
area outside the pool or billiard parlor.
D.
Number of tables. No pool or billiard parlor shall
be permitted to have in excess of 20 tables.
E.
Parking requirements. Without regard to parking requirements as set forth in Article XIV, one parking space shall be provided for each 100 square feet of floor area. If the pool or billiard parlor is to be located in premises which are a part of an established commercial center, the burden will be upon the applicant to prove that there is sufficient parking on the site to satisfy the requirements of Article XIV for all other uses on the site and still have sufficient parking capacity remaining in order to provide one parking space for each 100 square feet of floor area for the premises in which the pool or billiard parlor is to be located.
F.
Compliance with licensing requirements. The applicant shall present proof that either it has received a license from the Township of Freehold in order to operate a pool or billiard parlor, pursuant to Chapter 191, Licensing, Article I, and Chapter 240, Pool and Billiard Parlors, of the Code, or will be making application for such license and agrees that in the event it is unsuccessful in obtaining a license, any conditional use permit granted hereunder shall be deemed null and void. The applicant shall also satisfy the approving agency that it is familiar with all of the regulations contained in Chapter 240, Pool and Billiard Parlors, of the Code of the Township of Freehold, and has made provision for complying with all such regulations within the premises which is the subject of the application for the conditional use permit.
G.
Conditions of conditional use permit. Any conditional use permit issued by the approving agency pursuant to this section shall be made subject to the continuing compliance of the applicant with not only the provisions of this section, but also all provisions of Chapter 240, Pool and Billiard Parlors, of the Code of the Township of Freehold.
H.
Exemptions. The provisions of this section shall not
apply to any religious, charitable, benevolent or nonprofit association
or corporation which operates or maintains up to three pool or billiard
tables solely for the recreation and amusement of its members for
no charge or fee, provided that such organization is bona fide in
character and is not intended as a means or device for avoiding the
terms and provisions of this section.
In order to foster the preservation of historic resources located in Freehold Township and to encourage the development of new buildings which are complimentary to the community's history and character, certain types of commercial development may be permitted as a conditional use. All buildings and sites shall be designed and developed in a manner that will be compatible with the architectural and visual characteristics of historic buildings, sites or districts, including the scale, height, rhythm and location of buildings, as well as the specific construction materials that are used. All projects shall be reviewed by the Historic Preservation Commission in accordance with the Standards of Review contained in § 190-233 of this chapter. Where feasible, the Township of Freehold will provide assistance to the developer in obtaining grants, loans, tax credits, and other subsidies that may be available for historic preservation. The following types of commercial development may be permitted:
A.
Restaurants and retail uses may be permitted in specified
districts only upon receipt of a conditional use permit and site plan
approval by the Planning Board, approval by the Historic Preservation
Commission, and provided that the following special design standards
and conditions are met, together with any other requirements deemed
necessary by the Planning Board, and any other applicable requirements
of this chapter:
(1)
The site shall be an historic landmark or a key or contributing site located within an historic district. Properties which are classified as sites of historic interest shall be eligible for a conditional use permit, provided that a deed restriction is recorded in the County Clerk's office in accordance with § 190-233C(2) of this chapter.
(2)
The site shall adhere to the schedule of area, yard
and building requirements for the P-1 Professional Zone District with
the following exceptions:
(a)
Front setback: 35 feet; however, open porches
and outdoor seating areas may project not more than 10 feet into a
required front yard area.
(b)
Maximum building height: new construction shall
be compatible with the height of the historic landmark but in no case
shall building height exceed 35 feet and not more than 2 1/2
stories.
(c)
Minimum size of principal building: no requirement
for historic landmarks: 3,000 square feet for new construction other
than additions.
(d)
Maximum size of principal building: 10,000 square
feet. However, in order to encourage the construction of buildings
which are representative of traditional villages, buildings which
exceed 5,000 square feet of gross floor area shall utilize an articulated
facade to create the impression of smaller connected buildings.
(e)
Maximum impervious lot coverage: 60%; however,
impervious lot coverage may be increased to not more than 65%, provided
that the additional coverage is devoted to an outdoor plaza, seating
area, courtyard or other public amenity space.
(3)
Retail stores.
(a)
Retail stores limited to the following uses
listed in the Standard Industrial Classification Manual of 1987 prepared
by the U.S. Office of Management and Budget shall be permitted:
[1]
Country general stores (Industry Group No. 539).
[2]
Meat and fish (seafood) markets (Industry Group
No. 542).
[3]
Fruit and vegetable markets (Industry Group
No. 543).
[4]
Candy, nut, and confectionery stores (Industry
Group No. 544).
[5]
Dairy products stores (Industry Group No. 545).
[6]
Retail bakeries (Industry Group No. 546).
[7]
Miscellaneous food stores, including coffee
and tea stores, health food stores (Industry Group No. 546).
[8]
Florists (Industry No. 5992).
(b)
No individual retail store shall contain less
than 3,000 square feet of gross floor area and the total floor area
devoted to retail use shall not exceed 5,000 square feet of gross
floor area.
(5)
Architecture and site layout.
(a)
Architectural styles shall be limited to those
styles representative of Freehold Township. New buildings, additions
and infill construction shall be compatible with existing historic
buildings in terms of height, setbacks, rooflines, scale and proportion,
building materials, and the pattern of windows, door and other architectural
features. Buildings shall be compatible with one another; however,
architectural diversity shall be encouraged to create visual interest
within the project site.
(b)
Buildings shall be oriented around an internal
street, courtyard, square, plaza, or similar public amenity space.
(c)
Buildings shall be designed such that building
facades are oriented toward the street and parking areas which they
face as well as the internal public amenity space.
(6)
Off-street parking shall not be permitted within 35
feet of any street line. All off-street parking spaces shall be screened
from view from any street by a solid row of evergreen plantings with
a minimum height of 30 inches or other suitable landscaping. At least
one shade tree shall be planted for every six parking spaces and at
least one shade tree shall be planted for each 40 feet of frontage
along a public street.
B.
Historic commercial villages may be permitted in specified
districts only upon receipt of a conditional use permit and site plan
approval by the Planning Board, approval by the Historic Preservation
Commission, and provided that the following special design standards
and conditions are met, together with any other requirements deemed
necessary by the Planning Board, and any other applicable requirements
of this chapter:
(1)
The site shall be an historic landmark or a key or contributing site located within an historic district. Properties which are classified as sites of historic interest shall be eligible for a conditional use permit, provided that a deed restriction is recorded in the County Clerk's office in accordance with § 190-233C(2) of this chapter.
(2)
The project shall include the relocation and renovation of not less than one historic structure which shall be integrated into the design of the site in accordance with the requirements of § 190-233G of this chapter.
(3)
An historic preservation easement shall be provided to encompass the historic buildings and structures, including additions and adjoining infill construction located within 15 feet of the historic buildings and structures located on the site. The historic preservation easement shall not be less than 10% of the gross tract area of the property. The historic preservation easement shall include provisions for the rehabilitation and maintenance of the historic buildings and structures located within the easement. The easement may be dedicated to the municipality or to a nonprofit agency. Land uses within the buildings and structures located within the historic preservation easement shall be limited to those specified in § 190-209B(4)(b) to (g) of this chapter. In addition, retail uses limited to florists, bookstores, arts and crafts shops, antique stores, bakeries, confectionery stores and similar retail establishments selling historic or traditional goods and products may be permitted within the buildings and structures located within the historic preservation easement.
(4)
The following uses may be permitted:
(a)
Retail stores, shops and personal service establishments
limited to the following uses listed in the Standard Industrial Classification
Manual of 1987 prepared by the U.S. Office of Management and Budget:
[1]
Department stores (Standard Industrial Classification
Industry Group No. 531).
[2]
Supermarket (Industry Group No. 541).
[3]
Variety stores (Industry Group No. 533).
[4]
Miscellaneous general merchandise stores, including
catalog showrooms, general merchandise stores, country general stores
(Industry Group No. 539).
[5]
Meat and fish (seafood) markets (Industry Group
No. 542).
[6]
Fruit and vegetable markets (Industry Group
No. 543).
[7]
Candy, nut, and confectionery stores (Industry
Group No. 544).
[8]
Dairy products stores (Industry Group No. 545).
[9]
Retail bakeries (Industry Group No. 546).
[10]
Miscellaneous food stores, including
coffee and tea stores, health food stores (Industry Group No. 546).
[11]
Apparel and accessory stores (Major
Group No. 56).
[12]
Home furniture and furnishings
stores (Industry Group No. 571).
[13]
Computer and computer software
stores (Industry No. 5734).
[14]
Record and prerecorded tape stores
(Industry No. 5735).
[15]
Musical instrument stores (Industry
No. 5736).
[16]
Miscellaneous shopping goods stores
including sporting goods stores, bicycle shops, bookstores, stationery
stores, jewelry stores, hobby shops, camera and photo supply stores,
gift shops, luggage and leather goods stores, sewing stores and antique
stores. (Industry Group No. 594).
[17]
Florists (Industry No. 5992).
[18]
Newsstands (Industry No. 5994).
[19]
Optical goods (Industry No. 5995).
[20]
Photographic studios (Industry
No. 7221).
[21]
Beauty shops (Industry No. 7231).
[22]
Barbershops (Industry No. 7241).
(b)
Restaurants, provided that drive-through facilities
shall not be permitted.
(c)
Colleges and other institutions of higher education.
(d)
Offices for professional, executive or administrative
purposes.
(e)
Museums and art galleries.
(f)
Banks, financial institutions, insurance and
real estate offices, and travel agencies.
(g)
Municipal and governmental facilities.
(5)
Development on the site shall adhere to the schedule
of area, yard and building requirements for the P-1 Professional Zone
District with the following exceptions:
(a)
Minimum lot size: 15 acres.
(b)
Minimum front yard setback: no requirement for
existing structures or additions to existing structures, provided
that no addition shall be located any closer to the front property
line than the existing structure; new structures shall be set back
at least 65 feet from the front property line.
(c)
Minimum rear yard setback: no requirement for
existing structures or additions to existing structures, provided
that no addition shall be located any closer to the rear property
line than the existing structure; new structures shall be set back
at least 25 feet from the rear property line.
(d)
Minimum side yard setback: no requirement for
existing structures or additions to existing structures, provided
that no addition shall be located any closer to the side property
line than the existing structure; new structures shall be set back
at least 25 feet from the side property line.
(e)
Maximum building height: Building height shall
be compatible with existing structures but in no case shall building
height exceed 35 feet and 2 1/2 stories. Clock towers and similar
unoccupied architectural features or structures may be erected to
a height not to exceed 50 feet.
(f)
Minimum width of buffer zone from residential
zone districts or uses: 30 feet.
(g)
Maximum impervious lot coverage: 65%.
(h)
Minimum size of principal building: no requirement
for existing and relocated historic buildings, or new structures within
a historic easement area. The minimum principal building size for
new structures shall be at least 2,000 square feet.
(i)
Maximum size of principal building: No building
shall exceed 65,000 square feet. Building facades shall be staggered
to foster the appearance of smaller, connected buildings; no single
facade shall exceed 150 feet in length. Buildings may be connected
by a fire-rated party or connecting wall, provided that each building
has a separate and distinct facade and provided that no combination
of individual buildings shall exceed 300 feet in length along a linear
plane without being separated by a courtyard or other open area with
a depth and width of not less than 20 feet or without a variation
in building setback of not less than 20 feet.
(j)
Floor area ratio shall not exceed 0.18%.
(6)
Site layout.
(a)
The use of internal streets, courtyards, squares,
plazas or similar public amenity spaces shall be encouraged.
(b)
Street furniture, including but not limited
to fountains, benches, trash receptacles, lighting fixtures, and brick
pavers shall be encouraged and shall utilize traditional design to
promote a uniform theme throughout the project.
(7)
Architecture.
(a)
Architectural styles shall be limited to those
styles representative of Freehold Township. New buildings, additions
and infill construction shall be compatible with existing historic
buildings in terms of height, setbacks, rooflines, scale and proportion,
building materials, and the pattern of windows, doors and other architectural
features. Buildings shall be compatible with one another, however,
architectural diversity shall be encouraged to create visual interest
within the project site.
(b)
Natural materials, including but not limited
to brick, stone, wood clapboard siding, cedar shakes, and wood shingles,
shall be used for all buildings. Imitation or synthetic materials
may be permitted where the appearance is similar to natural materials.
(c)
Architectural features, including but not limited
to windows, doors, and roofing shall be designed in a traditional
manner and shall be in proportion with the buildings on the site.
The use of architectural elements such as porches, balconies, balustrades,
towers, decorative fences and walls, bracketed eaves, quoins, coping,
corbelling, and decorative moulding are encouraged where appropriate
with the design of the building.
(d)
Buildings shall be designed such that all building
facades which are oriented toward public or internal streets, off-street
parking areas, and public amenity spaces shall be designed as the
main front facades. Multiple building entrances are encouraged to
generate active pedestrian circulation throughout the project site.
(e)
Architectural plans shall be submitted showing
all elevations and architectural details for each building. All exterior
building materials shall be labeled on the plans and details shall
be provided regarding the color, texture, and appearance of these
materials.
(8)
Off-street parking.
(a)
Off-street parking shall not be permitted within
25 feet of any public street. The twenty-five-foot area between off-street
parking and public streets shall be landscaped so as to enhance the
appearance of the perimeter of the commercial village but not obstruct
the visibility of the commercial village from the public street.
(b)
Off-street parking facilities shall be clustered
throughout the site rather than located in one centralized area. Individual
parking areas shall contain no more than 150 spaces and shall be separated
from other parking areas by a curbed and landscaped island at least
five feet in width.
(c)
At least one shade tree shall be planted for
every six parking spaces appropriately disbursed throughout the site
and at least one street tree shall be planted for every 40 feet of
frontage along a public street.
(9)
Signage shall be in accordance with § 190-183 of this chapter.
(a)
A signage plan shall be submitted for all freestanding
and facade signs.
(b)
Historical markers and bronze plaques shall
be provided to identify and describe the significance of the site
and the individual historic buildings and structures. The design and
wording shall be subject to review and approval of the Historic Preservation
Commission.
(c)
Storefront window displays consistent with the
overall theme and architectural appearance of the historic commercial
village shall be encouraged; however, permanent signs located on storefront
windows or doorways shall not exceed 20% of the area of the window
or doorway in which they are displayed and temporary signs located
on storefront windows or doorways shall not exceed 40% of the area
of the window or doorway in which they are displayed.
(10)
In order to guide the design and development
of historic commercial villages, applicants shall submit conceptual
site plans and architectural plans prior to the submission of a formal
application.
Electrical cogeneration facilities are facilities
which generate electricity, steam or heat for industrial operation
purposes and transmit electricity to the public utility electrical
system. Electrical cogenerating facilities shall be permitted in accordance
with an approved site plan and only upon receipt of a conditional
use permit where the following conditions are met:
A.
A cogeneration facility shall be permitted only as
an ancillary facility for purposes of generating steam, heat and/or
electricity a portion of which shall be for a use or uses permitted
within the M-1 and M-2 Zones.
B.
The location of the electrical generating facility
is to be wholly within the M-1 and/or M-2 Industrial District with
no structure to be located within 500 feet of any residential zone.
C.
The fuel for said facility is to be limited to piped
natural gas as the primary fuel and Number 2 fuel oil and kerosene
as backup fuels.
D.
On-site storage of fuel is to be limited to fuel oil
tanks with a total capacity not exceeding 25,000 barrels and separated
from public streets and adjoining properties in accordance with the
criteria established pursuant to 24 CFR Part 51, Safe Separation Standards
for Hazardous and Flammable Material.
E.
Refueling trucks are to be restricted to a route which
does not utilize local residential streets.
F.
A water supply source capable of meeting the worst
case supply/demand situation is to be secured prior to preliminary
approval.
G.
Cooling towers are to be located so as to minimize
icing conditions on or adjacent to public streets.
H.
Exhaust stacks shall be designed to comply with U.S.
Environmental Protection Agency Good Engineering Practice (GEP) regulations
to ensure that ambient air quality standards are maintained but in
any event shall not exceed 2 1/2 times the maximum height of
the tallest building developed as part of the cogeneration facility.
I.
Off-site electrical transmission lines situated within
or adjoining public street rights-of-way are to be mounted on structures
not exceeding 75 feet in height except at crossings of intersections
and where required by the Board of Public Utility Commissioners or
other regulatory agencies where the maximum height shall not exceed
100 feet. Alternatives are to be routed and designed to minimize any
adverse impact on public safety, property value or utilization, street
widenings or realignments, and aesthetic character.
J.
Building height shall not exceed 75 feet.
Funeral homes shall be permitted in the Professional
Office P-1 Zoning District only upon receipt of a conditional use
permit and provided that the following standards are met, together
with any other requirements deemed necessary by the Planning Board
and any other applicable requirements of this chapter:
A.
The building and site design shall be compatible with
and complement the adjoining land uses.
B.
A funeral home shall not be located within 3,500 feet
of an existing or proposed residential health care facility or hospital.
Measurement shall be from the proposed front door of the funeral home,
along the shortest route able to be traveled along a public street
or roadway and terminating at the existing or proposed front door
of the residential health care facility or hospital.
C.
The structure shall be designed so that transporting
of human bodies or remains into the facility shall be totally enclosed
within the structure.
D.
No other principal use shall be allowed on the property
that is not related to the direct operation of the funeral home business,
except that of a caretaker's residence, so long as it is part of the
main funeral home structure and the resident thereof is an owner or
employee of the funeral home business conducted on the premises.
E.
One loading space shall be provided adjacent to the
structure for receipt and delivery of supplies and materials utilized
within the funeral home other than for transport of human bodies or
remains.
F.
No parking shall be allowed in the front yard area
of the premises.
G.
The front yard setback shall not be less than 50 feet
from the public right-of-way line.
H.
The buffer to surrounding residential zones or uses
shall not be less than 30 feet and shall be landscaped so that motor
vehicle and pedestrian activity on the site is screened year round.
I.
The minimum parking required on site shall be computed
as the greater of the following:
(1)
One parking space for each three seats in the chapel
area(s); or
(2)
One parking space for each 100 square feet of gross
ground floor plus one parking space for each 100 square foot devoted
to chapel, waiting and seating areas located on the second floor;
or
(3)
One space for each four persons legally admitted by
the Fire Code for the structure; or
(4)
A minimum of 50 exterior visitor's parking spaces
on site; and
J.
In addition to the parking required by Subsection I above, the following shall be required:
(1)
If a caretaker's residence is included, two additional
spaces shall be provided for the caretaker's use; and
(2)
If provision is not made for garaging of the funeral
home vehicles within the building or by a separate enclosed garage
as an accessory building, two additional exterior parking spaces shall
be provided.
K.
Site lighting shall be provided by a combination of
pole mounted lights which are compatible with residential uses, not
exceeding 12 feet in height from ground level. Ground-level lighting
shall be provided for unlighted sidewalk and/or pedestrian areas.
(1)
The principal structure shall not exceed 2 1/2,
with a maximum building height of 35 feet.
[Amended 11-28-2006 by Ord. No. O-06-41; 8-28-2012 by Ord. No. O-12-18]
Restaurants shall be permitted as conditional uses within CMX Zones as freestanding facilities and as facilities within mixed-use, planned developments. Restaurants shall be designed in accordance with the architectural requirements of § 190-114 and the following:
B.
Family-style restaurants; restaurants without liquor
licenses.
(1)
Minimum floor area devoted to an individual restaurant
use: 2,500 square feet.
(2)
Minimum floor area for each restaurant where two or
more family restaurants are located in the same building: 2,500 square
feet.
(3)
Minimum number of seats is 125.
(4)
No separate take out service area is permitted.
(5)
No drive-up windows are permitted.
(6)
Video interactive devices, video games, and children entertainment uses in conformance with Chapter 75, Article II, § 75-19, provided that the area used for such uses shall not reduce the minimum required restaurant floor area and shall not exceed 25% or 1,000 square feet of the total floor area, whichever is less.
C.
In order to encourage restaurant use in conjunction
with a planned development of 10 or more acres, submitted to the Board
as one application, the following requirements shall apply to that
application:
(1)
Minimum required parking spaces for the restaurant
use shall be calculated as one for every eight customer seats and
one for every four employees.
(2)
The calculation for floor area ratio and for lot coverage
shall not include atriums and other hallway areas connecting the restaurant
with the remainder of the planned development.
[1]
Editor's Note: Former § 190-213, Congregate care
and assisted care residential facilities, was repealed 12-8-2009 by
Ord. No. O-09-32.
Bulk document storage facilities are hereby
permitted within the M-1 Industrial Zone, provided that the use meets
the following conditions:
A.
Minimum lot area. Minimum lot areas shall be the same
as the minimum lot area within the M-1 Industrial Zone.
B.
Minimum yard requirements. Minimum yard areas shall
be the same as the minimum required yard areas within the M-1 Industrial
Zone.
C.
Maximum building height: 75 feet.
D.
Floor area ratio. The maximum floor area ratio shall
be as follows:
(1)
Office, administrative, processing area and other
nonbulk storage floor area: maximum floor area ratio (FAR) 0.10.
(2)
For bulk document storage area. Maximum FAR: 0.30;
provided, however, that if the office, administrative and processing
area is less than FAR 0.10, the bulk storage area FAR may be increased
so that the combination of total FAR shall not exceed 0.40.
E.
Parking. Parking for employees and visitors shall
be determined upon the following: 1 1/4 parking spaces per employee
on the principal shift.
F.
Loading spaces. The number of loading spaces shall
be the same as required in the district in which the facility is located.
G.
Maximum lot coverage for all buildings: 40%.
Self-storage or mini-warehousing as defined
by the North American Industrial Classification System and classified
as NAICS 531130 may be permitted in the CMX-3 Zone District only upon
receipt of a conditional use permit, provided that the following conditions
are met together with any other applicable requirements of this chapter
and other chapters of the Code of Freehold Township.
A.
Planned self-storage warehousing facility complex.
A self-storage and/or mini-warehouse facility that is designed exclusively
for such use.
(1)
Minimum lot area shall be 15 acres.
(2)
The rental storage area shall be a minimum of 80,000
square feet.
(3)
No storage shall be permitted out of doors except
for a designated storage area for boats on trailers and recreational
vehicles which area shall not exceed 10% of the developable area of
the site (area not including steep slopes, freshwater wetlands, floodplains
and areas containing heritage trees).
(4)
Mini-warehouses and self-storage facilities shall
provide for the dead storage of customer's goods and materials only.
No business activity other than the rental of storage space and the
sale of packing materials associated with moving and/or storage of
goods and materials shall be permitted.
(5)
One operational manager's office and one resident
manager's dwelling shall be permitted as an accessory use to the principal
use of the mini-storage or self-storage warehousing use.
(6)
The lot shall be located on and accessed from a street
other than a collector or arterial roadway.
(7)
The minimum front yard shall be 100 feet. The minimum
rear and side yards shall be 75 feet; provided, however, that the
minimum rear and side yards may be 50 feet when the facility is located
adjacent to a nonresidential building in a nonresidential zone. All
other requirements for the CMX-3 Zone including floor area ratio,
maximum impervious surface, and minimum buffer requirements shall
apply.
(8)
All yards shall be landscaped to provide appropriate
visual screening and/or buffering from residential developments within
500 feet of the facility. The visual screening may include masonry
walls, decorative fencing and/or planted screening. Planted screening
shall consist of a twenty-foot wide staggered row of evergreen trees
10 feet on center and other plant materials to provide a visual screen.
Where existing heritage trees or other mature vegetation serves as
a planted screen, supplemental plant materials can be provided as
needed to effect a visual screen in lieu of the twenty-foot wide evergreen
screen.
(9)
Facades of all structures facing public streets or
visible from public streets and residential uses, within 500 feet,
shall be constructed of materials which are of brick, decorative masonry,
finished wood of a combination of materials which will be compatible
with the uses in the area and shall be designed with a Colonial motif
where visible from a public street including any controlled access
arterial highway.
(10)
No structures shall exceed 2 1/2 or 35
feet. All storage buildings of more than one story shall provide elevators
for goods and materials to be stored. Buildings greater than one story
shall provide one loading space for every 20,000 square feet of gross
floor area of such building.
(11)
Internal driveway aisles shall be a minimum
of 24 feet with parking permitted on both sides of the driveway. A
driveway aisle where access is only on one side may be a minimum of
20 feet in width.
(12)
All outdoor lighting shall be shielded to direct
light and glare only onto the premises and shall be only of sufficient
intensity to discourage vandalism and theft.
(13)
No mini-warehouse or self-storage unit doors
shall be constructed to open to a public street or to a residential
zone district.
(14)
No outdoor storage of goods or materials shall
be permitted except for a designated storage area for boats, recreational
vehicles and other motorized vehicles, provided that such storage
area does not exceed 10% of the developed self-storage area, is fenced
and is screened from public roadways and residential uses within 500
feet of the boat, recreational and other motorized vehicle storage
area. No repair or servicing of motorized vehicles shall be permitted
except for minor repairs in order to make a stored vehicle mobile
such as repair of flat tires, changing of batteries or repair of required
safety devices such as taillights, headlights and turning signals.
The use of boats, recreational vehicles, or other vehicles as a residence
or for any habitation purposes shall be prohibited while the boat
or vehicle is stored at the storage facility premises.
(15)
Off-street parking shall include a minimum of
two spaces for the resident manager, one space for the operational
manager's office, four visitor parking spaces at the operational manager's
office, one parking space for each employee other than the operational
manager during peak periods plus one parking space per 2,000 square
feet gross self-storage or mini-warehousing facility floor area. One
loading space shall be provided for every 20,000 square feet of gross
floor area of the storage facility.
(16)
Trash receptacles and dumpsters shall be screened
from public streets and adjacent residential uses utilizing masonry
material similar to the facade of the building. Screening walls shall
be of a masonry material that is compatible in character with the
building material facade.
B.
Mixed office and self-storage planned development.
A mixed office and self-storage planned development consisting of
uses permitted in the CMX-3 zoning district and self-storage, mini-warehousing
and document storage facilities constructed as masonry building(s)
that are designed of the same or similar facade material as other
buildings within the planned development and with internal access
only of individual self-storage/mini-warehouse rental units.
(1)
Minimum lot area for the planned development shall
be seven acres. The minimum lot area for subdivided parcels within
the planned development shall be three acres.
(2)
The self-storage/mini-warehousing area shall not exceed
75% of the total planned development tract area and shall not exceed
a maximum of 100,000 square feet of gross rental floor area.
(3)
No outdoor storage of goods or materials shall be
permitted except for a designated storage area for boats, recreational
vehicles and other motorized vehicles provided that such storage area
does not exceed 10% of the developed self-storage area, is fenced
and is screened from public roadways and residential uses within 500
feet of the boat, recreational and other motorized vehicle storage
area. No repair or servicing of motorized vehicles shall be permitted
except for minor repairs in order to make a stored vehicle mobile
such as repair of flat tires, changing of batteries or repair of required
safety devices such as taillights, headlights and turning signals.
The use of boats, recreational vehicles, or other vehicles as a residence
or for any habitation purposes shall be prohibited while the boat
or vehicle is stored at the storage facility premises.
(4)
Mini-warehouses and self-storage facilities shall
provide for the dead storage of customer's goods, documents and materials
only. No business activity other than the rental of storage space
and the sale of packing materials associated with moving and/or storage
of goods and materials shall be permitted.
(5)
One operational manager's office and one resident
manager's dwelling shall be permitted as an accessory use to the principal
use of the mini-storage or self-storage warehousing use.
(6)
The self-storage facility structures shall not be
located within 200 feet of a public street or road and the minimum
rear and side yards shall be the same as the CMX-3 Zone.
(7)
All yards shall be landscaped to provide appropriate
visual screening and/or buffering from residential developments within
500 feet of the facility. The visual screening may include masonry
walls, decorative fencing and/or planted screening. A planted buffer
of 25 feet shall be provided. The planted buffer for the self-storage/mini-warehousing
facilities shall include a twenty-foot wide staggered row of evergreen
trees 10 feet on center and other plant materials and decorative fencing
to provide a visual screen from residential properties and public
streets and roads. Where existing heritage trees or other mature vegetation
occurs, such existing plants shall be retained within the required
buffer area and supplemented with suitable plant materials as needed
to effect a visual screen in lieu of the required twenty-foot wide
evergreen screen.
(8)
Facades of all structures facing public streets or
visible from public streets and residential uses, within 500 feet,
shall be constructed of materials which are of brick, decorative masonry,
finished wood or a combination of materials which will be compatible
with the uses in the area and shall be designed with a Colonial motif
where visible from a public street including any controlled access
arterial highway.
(9)
No structures shall exceed three stories or 35 feet
in height. All structures of more than one story shall provide elevators
for patrons and goods and materials to be stored.
(10)
All outdoor lighting shall be shielded to direct
light and glare only onto the premises and shall be only of sufficient
intensity to discourage vandalism and theft.
(11)
No mini-warehouse or self-storage unit doors
shall be constructed to open to a public street or to a residential
zone district.
(12)
A storage area for boats may be permitted on
the site provided that the boat storage area does not exceed 10% of
the developed storage area, is fenced and is screened from public
roadways and residential uses within 500 feet of the boat storage
area.
(13)
Off-street parking shall include a minimum of
two spaces for the resident manager, one space for the operational
manager's office, four visitor parking spaces at the operational manager's
office, one parking space for each employee other than the operational
manager during peak periods plus one parking space per 2,000 square
feet gross self-storage or mini-warehousing facility floor area.
(14)
Trash receptacles and dumpsters shall be screened
from public streets and adjacent residential uses utilizing masonry
material similar to the facade of the building. Screening walls shall
be a masonry material that is compatible in character with the building
material facade.
(16)
The maximum floor area ratio (FAR) for the planned
development shall be 0.15 for all uses permitted in the CMX-3 Zone.
The maximum floor area ratio for self-storage/mini-warehousing facilities
shall be 0.20 for one-story structures and 0.40 for two-story or three-story
structures.
Automobile dealership repair and maintenance
facilities provided the following conditions and standards are met,
together with any other requirements deemed necessary by the Planning
Board and any other requirements of this chapter.
A.
The purpose of this use is to allow automobile dealerships
located in Freehold Township to store and provide sales preparation
(cleaning, washing, repairs, tune-up, etc.) of automotive vehicles
on-site but offered for sale and/or sold off-site.
B.
All requirements of Schedule C, Schedule of Area,
Yard and Building Requirements, at the end of this chapter for the
M-1 Zone shall be deemed to be conditions applicable for this use.
C.
Automobile dealership repair and maintenance facilities
shall be located entirely within the M-1 Zone and shall be located
on and only have access on Township roadways. No automotive repair
and maintenance facilities for automobile dealerships shall be located
on or have frontage on arterials or collectors roadways [including
N.J. Route 33 and N.J. Route 33 Bypass, C.R. 55 (Kozlowski Road) and
Halls Mill Road].
[Added 5-28-2013 by Ord. No. O-13-16]
Alternative motor vehicle fueling stations provided that the
following standards and any other applicable requirements of this
chapter are met:
A.
The minimum site area shall be 80,000 square feet.
B.
The minimum street frontage shall be 150 feet.
C.
No pits, racks, or lifts shall be permitted out of doors, nor shall
any repair work be performed out of doors.
D.
Alternative motor vehicle fueling pumps shall be located at least
30 feet from any property line.
E.
All alternative fuels or similar volatile substances shall be stored
as per National Fire Prevention Association standards.
F.
No ingress or egress drives shall be located closer than 50 feet
to any street intersection nor closer than 30 feet to any other drive
on the same site or any other property. Such ingress and egress drives
shall have a width of a minimum of 30 feet.
G.
No paved area other than an ingress or egress drive may be located
within 10 feet of any property line.
H.
All unpaved areas of the site shall be graded and planted with grass,
shrubs, trees or other suitable landscaping material.
I.
No building shall be erected nearer than 50 feet to any street line
nor nearer than 20 feet to any side or rear property line.
J.
Only those items necessary and related to the operation of a motor
vehicle or dispensed from vending machines shall be sold from alternative
motor vehicle fueling stations.
K.
Alternative fuel tanks stored above ground shall not exceed 20 feet
in height.
L.
No person, firm or corporation, other than the owner and those authorized
by the owner so to do, shall sell, fill, refill, deliver or permit
to be delivered, or use in any manner, any alternative fuel container
or receptacle for any gas, compound, or for any other purpose whatsoever.
M.
No signage is permitted on alternative fuel storage tanks except
for required safety signage.
N.
Alternative motor vehicle fueling stations shall have an appropriately sized emergency stand-by generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signage in the event of a power outage for at least 18 hours.
O.
Compressed cylinder tanks used in connection with alternative fueling
facilities may be stored above ground.
P.
Compression cylinder tanks used in connection with alternative fueling
facilities must be screened from adjacent streets, alleys, and residential
uses.
Q.
No container shall exceed a size of 300 gallons' water capacity;
no more than six containers shall be included at an alternative fueling
facility. The containers shall be mounted horizontally.
R.
Alternative motor vehicle fueling stations shall be limited to unattended,
self-serve facilities.
[Added 8-9-2016 by Ord.
No. O-16-11]
Aboveground storage tanks for fueling associated with motor
vehicle showrooms and related facilities within the CMX-3/A Zone shall
be permitted provided the following standards are met, together with
any other requirements of this chapter:
A.
The minimum lot area shall be 10 acres.
B.
The minimum size of the principal building shall be 50,000 square
feet.
C.
There shall be no more than one aboveground storage tank permitted
on the lot.
D.
The minimum required setback for an above ground storage tank shall
be in accordance with the minimum accessory building setback in the
CMX-3/A Zone.
E.
The aboveground storage tank shall be surrounded on three sides by
a masonry wall six feet in height comprised of the same or compatible
material with the exterior design of the building façade.
F.
The aboveground storage tank shall comply with all applicable NJDEP
and USEPA rules and regulations.
[Added 4-25-2023 by Ord. No. O-23-4]
A cooperative sober living residence (CSLR) operating as a non-Oxford House model recovery home as defined in § 190-3 is a conditional use permitted in all residential zones as a reasonable accommodation for persons with disabilities, provided that the following conditions are met, together with any other applicable requirements of this chapter and other chapters of the Code of Freehold Township:
A.
The owner obtains a Class F license to operate a cooperative living
residence from the New Jersey Department of Community Affairs pursuant
to N.J.A.C. 5:27-1.1 et seq.
B.
Requires minimum separation distance of 500 feet as measured from
the property line from any other existing or proposed CSLR facilities
or other group homes.
C.
Requires a minimum separation of 1,000 feet from any school, in
accordance with the most recent Drug Free School Zone Map.
E.
Requires a minimum lot size of one acre.
