The following uses are permitted by right in
any district:
A.
Public parks and playgrounds, together with recreational,
administrative and service buildings appurtenant thereto.
B.
Publicly owned and operated parking lots.
C.
Uses of land and buildings by the Borough for government
purposes.
D.
The excavating of natural materials in connection
with the construction of a building on the same lot.
E.
Any agricultural use not involving the raising or
keeping of livestock, provided that no storage or use of odor- or
dust-producing substance be permitted within 100 feet of any property
line.
F.
Fences as regulated by this chapter.
B.
Permitted accessory uses shall be as follows:
A.
B.
Accessory uses shall be as follows:
(1)
Accessory uses incidental to the permitted use, including
storage sheds, refuse areas and parking lots. All refuse disposal
areas shall be located adjacent to the rear or side of the building
with adequate access. Refuse disposal areas shall not be located within
the parking area. The refuse disposal areas shall contain appropriate
landscaping to form a year-round effective visual screen or screened
with a solid fence.
C.
Bulk requirements for residential uses shall be as
follows:
[Amended 12-18-2001 by Ord. No. 2001-10]
(2)
Minimum lot area: 40,000 square feet.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
A minimum setback from all property lines: 30 feet.
(6)
Maximum building height: 2 1/2 stories/35 feet; maximum
building height for townhouses and garden apartments: 2 1/2 stories/35
feet; maximum building height for multifamily residence: three stories/35
feet.
(7)
Maximum lot coverage: 35% for all principal/accessory
buildings.
(8)
Distance between buildings shall be a minimum of 15
feet and a maximum of 30 feet in order to promote adequate air and
light and to provide for open space.
(9)
Minimum open space: 35%.
(10)
Off-street parking: at least one space shall
be in the form of a garage space.
E.
Development standards for multifamily residences.
[Added 3-14-2006 by Ord. No. 2006-1]
(1)
The following bulk standards are applicable for multifamily
residential development within the NC District:
(a)
Minimum lot size: 20,000 square feet.
(b)
Maximum density: 20 units per acre.
[Amended 3-26-2009 by Ord. No. 2009-05]
(c)
Front yard setback: 20 feet.
(d)
Side yard setback: 10 feet each.
(e)
Rear yard setback: 20 feet.
(f)
Minimum open space: 30%.
(g)
Maximum building coverage: 40%
(h)
Maximum impervious surface coverage: 70%
(i)
Maximum building height: 35 feet/three stories.
(2)
Parking. The following parking requirements are applicable
to the multifamily residential development in the NC District:
(a)
Parking space size and number requirements shall
be in compliance with the New Jersey Residential Site Improvement
Standards (RSIS).
(b)
No parking shall be permitted in the front yard.
(c)
Underground/under building parking shall be
permitted.
(d)
Parking shall be permitted in the side and rear
yards only. All parking must be located 10 feet from any side yard
property line and five feet from any rear yard property line.
(e)
All perimeter open space surrounding a parking
lot must be densely landscaped with year-round screening materials,
including but not limited to evergreen shrubs.
(3)
Affordable housing requirements. All multifamily development
shall provide for affordable housing in accordance with the following
requirements:
(a)
Twenty percent of the total number of approved
units shall be set aside for occupancy by low- and moderate-income
households as defined by COAH.
(4)
All affordable housing development shall comply with
the terms and conditions of the Uniform Housing Affordability Controls
regulation as promulgated by COAH and currently set forth in N.J.A.C.
5:80-26.1 et seq., as same may be amended and supplemented from time
to time.
(a)
Pursuant to N.J.A.C. 5:80-26.14, the Borough
of East Rutherford hereby elects to serve as the administrative agent
for all restricted units in the municipality. The Borough designates
the Borough Clerk as its designated municipal employee for such purpose.
A.
Permitted primary uses shall be as follows:
(1)
Mixed use retail/office/hotel/entertainment.
(a)
Entertainment uses shall include but not be
limited to the following uses:
[1]
Movie theaters.
[2]
Indoor recreation.
[3]
Video arcades.
[4]
Health and fitness clubs.
[5]
Book and video stores.
[6]
Theme restaurants.
[7]
Professional, corporate or government offices.
[8]
Hotels.
[9]
Eat-in restaurants.
[10]
Public recreation facilities.
[11]
New car/automobile showrooms, including outdoor
display facilities.
[12]
Movie theater complexes.
[13]
Commercial educational institutions.
[14]
Indoor recreational facilities.
[15]
Financial institutions without drive-through
facilities.
[16]
Accessory retail uses and eat-in restaurants/catering
facilities in connection with offices and hotels.
B.
Permitted accessory uses shall be as follows:
(1)
Mechanical equipment: when located on the ground must
meet all yard standards; when located on the roof may not extend more
than 10 feet high and must be screened from view with appropriate
fencing.
(2)
Accessory uses customary and incidental to the operation
of business, except that no outdoor storage of any materials shall
be permitted.
[Amended 6-16-1998 by Ord. No. 98-12]
D.
Prohibited uses shall be as follows:
A.
Permitted primary uses shall be as follows:
(1)
Administrative, executive and business offices, including
professional offices.
(2)
Hotels.
(3)
Restaurants.
(4)
Research laboratories and related facilities.
(6)
Corporate training facilities without overnight accommodations
and conducted entirely within an enclosed building.
(7)
Retail uses, including:
(a)
Health and fitness centers.
(b)
Indoor recreation centers.
(c)
Financial institutions.
(d)
Non-automotive-related retail outlets and personal
service establishments.
(e)
Supermarkets, not to exceed 18,000 square feet in floor area, but
only as a conditional use subject to the following conditions:
[Added 9-21-2010 by Ord. No. 2010-17]
[1]
Shopping cart storage shall be located within close proximity to
the main entrance of the retail use, but not stored in the parking
area or drive aisles.
[2]
Approval of a plan for management of shopping carts which will minimize
carts migrating off site.
[3]
Approval of a plan for deliveries to the site that will minimize
interference by those deliveries with other business at the site.
(8)
Multifamily residence.
[Added 12-18-2001 by Ord. No. 2001-10]
B.
Permitted accessory uses shall be as follows:
(1)
A cafeteria as an accessory use to a permitted use
in the PCD District located on the same lot as the principal use,
provided that its purpose is to serve food and drink to the employees
of the principal use to which it is an accessory and guests of the
building management. All signs in connection with the cafeteria shall
be limited to necessary directional signs, each of which shall not
exceed two square feet in area.
(2)
Parking lots and parking garages or structures which
cannot exceed 40 feet in height, and shall have an exterior finish
to match the exterior finish of the principal building(s).
C.
Uses specifically prohibited shall be as follows:
(1)
Those uses referred to as inappropriate to the Borough
of East Rutherford, detrimental to the public health, safety, welfare
and morals and which may not be established in any zoning district
created in this chapter.
(2)
Any process of manufacture, assembly, alteration,
conversion or treatment which constitutes a nuisance by reason of
smoke, odor, dust or noise.
(3)
Any process of assembly, manufacture, alteration,
conversion or treatment constituting a hazardous use, including but
not limited to the manufacture or bulk storage of fireworks and explosives
and the manufacture of illuminating gas and other explosive or poisonous
gases, except as may be incidental to a permitted industrial use.
(4)
Gasoline service stations.
(5)
Drive-in or fast-food restaurants.
(6)
Automobile-related retail uses.
(7)
Junkyards; automobile graveyards or dismantling plants;
and the storage of secondhand materials.
(8)
The baling or treatment of junk, old iron, rags, bottles
or scrap paper, or storage in connection therewith.
(9)
The processing, treatment, packaging, smoking or curing
of meat, fish, coffee, cocoa beans, pickles, sauerkraut or vinegar.
(10)
Building materials storage yards, including
such materials as sand, plaster, brick, cement, lumber, roofing materials,
boilers, tanks, radiators, pipes and fittings.
(11)
Coal and coke storage yards.
(12)
Dog pounds and kennels.
(13)
Used car lots.
(14)
New car sales and lease agencies.
(15)
Auto repair facilities.
(16)
Sewage treatment plants or processing of any
by-products thereof.
(17)
Truck terminals and warehouses.
(18)
Supermarkets with floor area in excess of 18,000
square feet.
[Added 10-17-2000 by Ord. No. 00-14; amended 9-21-2010 by Ord. No. 2010-17]
D.
Drive-through facilities. No drive-through facilities
for any permitted use shall be located in any required front yard
or any other yard which has frontage on a public street.
E.
Open space. A minimum of 20% of any developed lot
must be provided as open space.
F.
Environmental inventory. An environmental inventory
must be submitted which addresses the wetlands delineation on-site
and any environmental restrictions, potential hazards and monitoring
devices located on-site.
G.
Retail limitations.
(1)
Permitted retail uses may not exceed 75% of the overall
permitted floor area.
[Amended 9-21-2010 by Ord. No. 2010-17]
(2)
A maximum of 100,000 square feet of retail space shall
be permitted in this district.
[Amended 10-17-2000 by Ord. No. 00-14; 12-18-2001 by Ord. No. 2001-10]
(3)
No retail facility shall occupy more than 40,000 square
feet of building space.
[Added 12-18-2001 by Ord. No. 2001-10]
H.
Concept plan. For any development proposed within
the Planned Commercial Development District, a concept plan shall
be required. At a minimum, the concept plan shall indicate the proposed
location of all buildings, structures, parking, landscaping, open
space, utilities, signage, pedestrian walkways and driveways. The
concept plan shall be submitted to the Planning Board for review prior
to any formal preliminary site plan.
I.
Landscape buffer and tree preservation.
(1)
A landscaped buffer shall be provided in any yard
fronting on a public street, including the proposed collector road(s).
The buffer shall be a minimum of 35 feet measured from the front or
street property line into the subject property. Within the buffer,
a meandering berm or appropriate heavy landscaping including ornamental
and screening plantings is to be provided as indicated in a landscape
plan. The meandering berm shall measure between four feet to six feet
in height with appropriate landscaping to provide a year-round effective
landscaped visual screen particularly in front of surface parking
lots and maintenance areas. The heavily landscaped areas are to be
provided directly in front of building facades for aesthetic purposes
and to prevent any glare or other nuisances from distracting drivers.
Also permitted within the landscaped buffer area are pedestrian walkways
which shall be provided across the street frontage and interconnect
with adjacent lots, as well as providing access into the individual
lots. Permitted signage, fencing, underground utilities and utility
connections and driveways may also be provided within the required
buffer area. No buildings, structures or parking and loading areas
may otherwise be provided in the buffer.
(2)
Existing trees measuring four inches in caliper or
greater shall be preserved either as part of the required landscape
buffer or as additional landscape features, to the extent practicable.
The location of all trees measuring three inches in caliper or greater
must be provided and any trees that will not be saved must be so indicated
with an explanation. Any existing tree(s) removed must be replaced
by a new tree on-site measuring two inches in caliper or greater.
J.
Pedestrian circulation. Pedestrian walkways shall
be provided along all public street frontages with building lots and
connecting with parking areas and buildings served on the lots by
the most direct route. The walkways shall be unencumbered by parked
cars, berms or plantings.
K.
Bulk requirements.
(1)
Minimum lot area: 6.5 acres.
(2)
Minimum lot width: 400 feet.
(3)
Minimum lot depth: 550 feet.
(4)
Minimum front yard: 35 feet.
(5)
Minimum rear yard: 35 feet.
(6)
Minimum side yard: 35 feet.
(7)
Maximum building height: five stories/70 feet for
office buildings; seven stories/80 feet for hotel buildings; two stories/35
feet for all other permitted uses, with the exception of multifamily
residential uses.
[Amended 10-17-2000 by Ord. No. 00-14; 12-18-2001 by Ord. No. 2001-10]
(8)
Maximum lot coverage: 50%.
(9)
Number of uses or structures permitted. There shall
be one principal structure per lot. Mixed-use structures containing
retail, restaurant or related uses on the first floor of a hotel or
office building are encouraged where practicable. No nonresidential
uses may be located on Block 90, Lot 1, only the expressed permitted
residential units.
[Amended 12-18-2001 by Ord. No. 2001-10]
L.
Parking. All requirements for off-street parking as provided in § 389-38 of this chapter must be complied with.
M.
Signs.[1]
(1)
Signage and related site graphics shall be designed
as a coordinated component of the overall development. The design,
format and materials of any sign shall be consistent with the site
architecture in the development and with one another. No flashing
or moving elements will be permitted.
(2)
All signs shall be located and designed in a manner
which will not obstruct views so as to cause hazard to pedestrian
or vehicular traffic.
(3)
One ground sign at each lot frontage on a public street
shall be permitted as follows:
(a)
Maximum display area: 400 square feet per sign
face for frontage on Route 17 and 50 square feet per sign face for
frontage on all other public streets.
(b)
Maximum height above average grade of roadway:
20 feet for frontage on Route 3 and six feet for frontage on all other
public streets.
(c)
Minimum setback: five feet from the street property
line.
(4)
Flat signs shall be permitted on the exterior of the
building at locations approved by the Planning Board. They shall be
placed on the building surface, provided that they are clearly integrated
with the site architecture.
(a)
Maximum sign display area: 10% of the facade
upon which the sign is mounted or 50 square feet, whichever is greater.
For each anchor retail store in a development so designated by the
developer and having more than one facade facing a public street,
an additional flat-mounted wall sign not exceeding 10% of the secondary
facade or 50 square feet of total signage per face of the element
upon which it is positioned shall be permitted, not to exceed a total
of two such additional signs or logos per development.
(5)
Directory signs, meaning signs which identify and/or
provide direction to a number of business establishments, services
or other occupants within the planned development, shall be permitted
as follows:
(6)
No internally illuminated sign shall be permitted
except stencil sign or signs which have internally lighted letter
or logos only.
(7)
Freestanding signs necessary for direction, safety,
traffic or parking control on the site shall be reviewed and approved
by the Planning Board with the intent that the number of signs will
be restricted to the minimum necessary, will be visually unobtrusive
and will be consistent in format, lettering and coloring.
(a)
The sign shall contain the words "entrance,"
"exit" or "one-way," or similar directional instructions.
(b)
The sign shall not exceed 27 inches in length
or 12 inches in height.
(c)
The top of the sign shall not exceed 60 inches
in height from the ground at the base of the sign.
(d)
Any lighting other than shielded flood- or spotlights
shall only be permitted if it is interior white diffused.
(e)
Traffic signs shall comply with Subtitle 1 of
Title 39 of the Revised Statutes of New Jersey (standard traffic signs).
(8)
No signs shall protrude above the building cornice.
Unless otherwise approved by the Planning Board, letters shall be
mounted directly on walls. The location of adjacent signs shall be
coordinated as to placement, color and style.
N.
Site lighting.
(1)
Lighting for safety shall be provided at intersections,
along walkways, at entryways, between buildings and in parking areas.
(2)
Well-designed soft lighting of the building exterior
will be permitted, provided that the light source is not visible and
that it complements the architecture. The lighting should not draw
inordinate attention to the building.
(3)
Parking lot service area and roadway lighting will
be provided by freestanding fixtures with cutoff light sources to
assure that the source shall be shielded and directed away from public
streets and adjacent parcels. The material and color of the fixtures
will be evaluated in terms of their compatibility with the architecture
and natural site characteristics. The height and spacing of the light
standards shall be provided in order to minimize the impact of lighting
while retaining the necessary safety aspects.
(4)
No mercury vapor lighting is permitted.
O.
Reciprocal maintenance agreements required. Any development
within the PCD District shall enter into a reciprocal maintenance
agreement at the time of final approval in order to provide for the
maintenance of any common open space, greenways, pedestrian plazas,
driveways, pedestrian walkways and such other improvements as deemed
necessary, not subject to maintenance by the Borough of East Rutherford
or any other governmental entity.
P.
Refuse disposal areas. All refuse disposal areas within
the PCD District shall be located adjacent to the rear or side of
the building with adequate access. Refuse disposal areas shall not
be located within the parking area or required landscaped buffer.
The refuse disposal areas shall contain appropriate landscaping to
form a year-round effective visual screen.
Q.
Regulations pertaining to multifamily development.
[Added 12-18-2001 by Ord. No. 2001-10]
(1)
Minimum area: one acre.
(2)
Density: 30 units per acre.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum setback from all property lines: 15 feet.
(6)
Maximum lot coverage: 35% for all structures.
(7)
Minimum open space: 25%.
(8)
Maximum number of residential units permitted in district:
125 units; multifamily to be located on Block 90, Lot 1.
(9)
Maximum building height: 35 feet.
(10)
Off-street parking: at least one space shall
be in the form of a garage space. Additional required on-site parking
may be located within the district and not exclusively on Block 90,
Lot 1.
R.
Shopping
cart storage. Any retail use which furnishes carts or mobile baskets
as an adjunct to shopping shall provide definite areas within close
proximity to the main entrance of the aforementioned retail use, but
not stored in the parking area or drive aisles. Each designated storage
area shall be clearly marked for storage of shopping carts. Such signs
indicating storage are considered to be directional signs as regulated
under the Zoning Ordinance.
[Added 9-21-2010 by Ord. No. 2010-17]
A.
Permitted primary uses shall be as follows:
(1)
Manufacturing, processing, compounding, assembling
and packaging of materials or product.
(2)
Research laboratories.
(3)
Wholesale establishments.
(4)
Professional offices.
(5)
Self-storage facilities.
(6)
Auto-maintenance facilities.
(7)
Recycling facilities.
(8)
Freight-forwarding facilities.
(9)
Indoor recreation.
(10)
Health and fitness clubs.
(11)
Accessory office uses in connection with the
above-listed uses.
B.
Permitted accessory uses shall be as follows:
(1)
Accessory uses customary and incidental to the operation
of the business.
(2)
Mechanical equipment: when located on the ground must
meet all yard standards; when located on the roof may not extend more
than 10 feet high and must be set back from the edge of the roof a
minimum distance equal to or greater than the height of the improvement
and screened from view with appropriate fencing.
D.
Prohibited uses shall be as follows:
|
Acetylene gas manufacture and bulk storage
| |
|
Acid manufacture
| |
|
Alcohol manufacture and/or bulk storage
| |
|
Ammonia, chlorine or bleaching powder manufacture
| |
|
Ammunition manufacture and storage, not including
normal stocks for sale at retail and not including handloading for
private use
| |
|
Animal black, lampblack or bone black manufacture
| |
|
Arsenal
| |
|
Asphalt manufacturing, packaging or refining
| |
|
Auto wrecking or storage yards
| |
|
Blast furnace
| |
|
Boiler or tank works
| |
|
Brick, tile or terra cotta manufacture
| |
|
Carbon manufacture
| |
|
Carting, express handling or storage yard
| |
|
Celluloid manufacture
| |
|
Central mixing plant for cement, concrete, mortar,
plaster or paving materials
| |
|
Coke oven
| |
|
Crematory
| |
|
Creosote treatment or manufacture
| |
|
Disinfectant, insecticide or poison manufacture
| |
|
Distillation of coal, wood or bones
| |
|
Distillation of tar
| |
|
Dye manufacture
| |
|
Electroplating shops, except those having artificial
ventilating systems constructed and operated in accordance with the
rules of the State Department of Labor
| |
|
Fat rendering or refining
| |
|
Fertilizer manufacture
| |
|
Fish smoking or curing
| |
|
Gas manufacture
| |
|
Glue, size or gelatin manufacture
| |
|
Grain, drying or feed manufacture from refuse
mash or grain
| |
|
Grinding of any material, the primary purpose
of which is to reduce the same to powder form
| |
|
Hog farm
| |
|
Hydrocarbon material distilling, manufacture,
reclaiming or refining
| |
|
Incineration or reduction of offal, garbage
or refuse, except when controlled by the municipality
| |
|
Iron, steel, brass or copper foundry work
| |
|
Junkyards, auto salvage yards or the storage
of junk automobiles or parts
| |
|
Lampblack manufacture
| |
|
Lime, cement or plaster of paris manufacture
| |
|
Magnesium manufacturing
| |
|
Mining of sand, gravel, soil, stone, clay, rock
or mineral ore
| |
|
Oilcloth or linoleum manufacture
| |
|
Oiled or rubber goods manufacture
| |
|
Oil, paint, oil varnish, turpentine, shellac
or enamel manufacture
| |
|
Ore reduction
| |
|
Paper or pulp manufacture
| |
|
Petroleum refining or the storage of petroleum
products, except as regulated by state law
| |
|
Power forge (riveting, hammering, punching,
chipping, drawing, rolling or tumbling of iron, steel, brass or copper,
except as necessary or incidental to manufacture for which these procedures
are a minor part and which are carried on without objectionable noise
outside the plant)
| |
|
Printing ink manufacture
| |
|
Pyroxylin plastic manufacture or the manufacture
of articles wherefrom
| |
|
Raw hides or skins storage, canning, tanning,
dressing or coloring
| |
|
Reduction, canning, processing or treatment
of fish or animal products
| |
|
Rubber manufacture from crude material
| |
|
Sandpaper and emery cloth manufacture
| |
|
Sauerkraut manufacture
| |
|
Sausage manufacture and processing of cold meats
| |
|
Sewerage disposal plant, except when controlled
by the municipality
| |
|
Shoe blacking or stove polish manufacture
| |
|
Smelting of iron, copper, tin, zinc or lead
| |
|
Soap manufacture
| |
|
Starch, glucose or dextrin manufacture
| |
|
Steel furnace, blooming or rolling mills
| |
|
Stockyards, slaughterhouses or abattoirs
| |
|
Stone crusher
| |
|
Storage and dumping of refuse, garbage, fats,
dead animals or offal except when controlled by the municipality
| |
|
Storage or baling of scrap, paper, rags, old
iron or junk
| |
|
Storage, sale, stripping or processing of old,
abandoned automobiles and other vehicles, and any other activities
forming a part of the business generally classified as the automobile
junkyard business, which business is hereby prohibited
| |
|
Sugar refining
| |
|
Sulphurous, sulphuric, nitric or hydrochloric
acid manufacture
| |
|
Tallow, grease or lard manufacture and refining
| |
|
Tar distillation or manufacture
| |
|
Tar roofing or tar waterproofing manufacture
| |
|
Vinegar manufacture
| |
|
Wool pulling and scouring
| |
|
Yeast manufacture
|
A.
Purpose.
(1)
It is recognized that there are some uses of property
which, due to their very nature, have a deleterious effect upon the
use and enjoyment of adjacent properties and areas as well as upon
minors who frequent said areas. Accordingly, the primary purpose of
this section is to limit as much as possible the deleterious effect
of such uses by limiting the location in which such establishments
or uses are permitted to a specific zone in the Borough of East Rutherford.
(2)
This section is specifically addressed to adult-only
bookstores, adult-only motion-picture theaters, massage parlors, rap
parlors, tattoo parlors, fortune-telling establishments, saunas, go-go
bars, juice bars and such establishments having paid dancers or adult
entertainment.
B.
Regulation. No establishment, except those located
within the districts east of the railroad tracks located in the Borough
of East Rutherford, known and designated as being within the jurisdiction
of the Hackensack Meadowlands Development Commission, shall engage
in, allow or permit any person including those persons employed, contracted
or required by such establishment to perform any dancing or entertainment
in or on any portion of its premises and shall not permit or allow
the use of the premises, or any portion thereof, as an adult-only
bookstore, adult-only motion-picture theater, massage parlor, rap
parlor, tattoo parlor, fortune-telling establishment, sauna, go-go
bar, juice bar or any such establishment having paid dancers, entertainment
or employees who are scantily clad, with breasts or lower part of
the torso uncovered or so thinly or sparsely covered or draped so
as to appear uncovered.
C.
Violations and penalties. A violation of the provisions
of this section shall be punishable by a fine of $500 for each violation
that may be imposed.
The following shall be prohibited:
A.
The keeping or maintaining of any nondomestic animals
or fowl, including but not limited to swine, sheep, cattle, poultry,
pigeons, rabbits, hares or guinea pigs; except that this provision
shall not apply to harboring indoors of domestic pets such as certain
species of birds, cats, dogs, rabbits or guinea pigs as household
pets, provided that a valid license has been issued for the keeping
of said household pet as required by the Borough of East Rutherford.
B.
No establishment, except those located within the
districts east of the railroad tracks, known and designated as within
the jurisdiction of the Hackensack Meadowlands Development Commission,
shall engage in, allow or permit any person including those persons
employed, contracted or hired by such establishment to perform any
dancing or entertainment in or on any portion of its premises, or
any portion thereof, as a go-go establishment. Violation of this provision
shall be punishable by a fine of $500 for each violation that may
be imposed.
C.
Used car dealerships, except as an accessory use to
a franchise new car dealership. Additionally, a gasoline service station
may offer for sale one used car at a time, as an accessory to the
service station use.
D.
Outdoor storage of building materials and outdoor
storage yards, including such material as sand, plaster, brick, cement,
lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.
[Added 6-16-1998 by Ord. No. 98-12]
E.
No electronic cigarette shall be sold by any businesses operating
in East Rutherford located with 1,000 feet of any public or private
school, public or private school playground, a church, a public playground
or athletic field, a fire station, or a residential zone.
[Added 7-15-2014 by Ord. No. 2014-14]
[Added 7-17-2018 by Ord.
No. 2018-06; amended 6-15-2021 by Ord. No. 2021-07; 6-20-2023 by Ord. No. 2023-14]
A.
The retail sale or delivery of cannabis for recreational use and/or the paraphernalia that facilitates the use of such cannabis pursuant to a Class 5 cannabis retailer license or a Class 6 cannabis delivery license is prohibited in all zones established in the Borough as set forth in the Land Use Code of East Rutherford Chapter 389, entitled "Zoning," Article IV, Use Regulations.
B.
No land or building in any zoning district within the Borough of East Rutherford shall be used or shall be allowed to be used by a cannabis delivery service or a cannabis retailer for the recreational retail sale or delivery of cannabis or any substitute thereof producing an intoxicating effect except as expressly authorized in Chapter 96 of the Borough Code of the Borough of East Rutherford.
C.
ALTERNATIVE TREATMENT CENTER
APPLICANT
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
LICENSEE
MANUFACTURE
MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER
PRODUCE
Definitions. As used in this section, the following terms shall have
the meanings indicated. However, definitions provided in P.L. 2021,
c. 16, shall apply where not defined herein, or as otherwise defined
under the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act, N.J.S.A. 24-6I-31 et seq.
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307, (N.J.S.A.
24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
A licensed cannabis entity applying to the Borough or the
New Jersey Sports and Exhibition Authority for a local license to
operate within such jurisdiction.
As used in this section, the term "cannabis" shall be as
defined in Section 3 of P.L. 2021, c. 16.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
Any licensed person or entity who holds a Class 5 cannabis
retailer license from the Commission or the State of New Jersey that
purchases cannabis from cannabis growers and cannabis items from cannabis
processors or cannabis wholesalers and sells these to consumers from
a retail store or as otherwise defined under the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, N.J.S.A. 24:6I-31 et seq.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), including a license that
is designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, or a Class 6 cannabis delivery license, and includes a person
or entity that holds a conditional license for a designated class,
except when the context of the provisions of P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) otherwise intend to only apply to a person or entity
that holds a license and not a conditional license.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
The planting, cultivation, growing or harvesting of cannabis.
"Produce" does not include the drying of cannabis by a cannabis manufacturer
if the cannabis manufacturer is not otherwise manufacturing cannabis.
D.
Use and zone regulations. Cannabis establishments or distributors, with Class 1, Class 2, Class 3, or Class 4 licenses shall be permitted as a conditional use within the Commercial Park Zone, the Light Industrial Zone east of the railroad tracks and within the jurisdiction of the New Jersey Sports and Exposition Authority (NJSEA), the Sports & Expositions Zone, and the Paterson Plank Road Redevelopment Area, as defined in the regulations of the New Jersey Sports and Exposition Authority (NJSEA), N.J.A.C. 19:4-5. Except as specifically modified herein, cannabis establishments, and distributors, shall comply with underlying zone regulations as set forth in N.J.A.C. 19:4-5 and as otherwise required by the NJSEA. Cannabis establishments shall maintain a license issued by the New Jersey Cannabis Regulatory Commission to operate the establishment. Cannabis establishments shall comply with all other applicable state standards and regulations. The provisions of this section shall not apply to alternative treatment centers, which are governed by Chapter 96 of the Borough Code of the Borough of East Rutherford.
E.
Conditional use standards. Cannabis establishments or distributors
permitted under this article shall comply with the following conditions:
(1)
Location. No part of the lot or premises on which a cannabis
establishment, distributor, or a delivery service is located shall
be within 1,000 feet of a lot consisting of a public or private school;
a public or private playground; a house of worship; a public park,
playground, YMCA, or an athletic field. This prohibition shall not
include Met Life Stadium.
(2)
Number of licenses. There shall be a limit of five licenses
for each class of cannabis use permitted within the Borough.
(3)
Indoor cultivation. The cultivation of cannabis shall only be
permitted indoors within a fully enclosed building. Outdoor cultivation
is prohibited.
(4)
Odor. Any Class 1, Class 2, or Class 3 cannabis establishment
shall provide and operate an air treatment system such that any odors
generated by the facility are not detectable by a person on adjacent
properties, rights-of-way, or other units within a building on the
same lot.
(5)
Noise. Outdoor generators and other mechanical equipment associated
with operation of a cannabis establishment or distributor shall be
enclosed and noise mitigation features shall be provided to minimize
noise pollution. Facilities shall comply with state noise control
standards.
(6)
Security. Any cannabis establishments, distributors, or delivery
services shall comply with P.L. 2021, c. 16, or any other applicable
state law on matters of security.
(7)
Refuse screening. Any outdoor refuse or recycling areas shall
be fully screened from view by a solid fence or other enclosure.
(8)
Age restriction. No persons under the age of 21 shall be allowed
in a cannabis establishment or distributor facility.
F.
Civil penalty. In accordance with N.J.S.A. 24:6I-45, any person or
cannabis establishment, distributor, or delivery service that violates
the provisions of this section shall be subject to a civil penalty
of $1,000 per violation in accordance with the provisions of the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. Any penalty assessed
shall be payable to the Borough of East Rutherford and enforced by
the Borough Ordinance Enforcer Department.
